Texas 2009 - 81st Regular

Texas House Bill HJR38 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2935 JJT-D
2	2	By: King of Parker H.J.R. No. 38
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment regarding the rainy day fund
7	7	and dedicating certain surplus revenues to property tax reduction.
8	8	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 49-g, Article III, Texas Constitution,
10	10	is amended to read as follows:
11	11	Sec. 49-g. (a) The budget [economic] stabilization fund is
12	12	established as a special fund in the state treasury.
13	13	(b) For purposes of this section, general revenue is
14	14	encumbered on the last day of a fiscal biennium only to the extent
15	15	that the revenue is subject to payment for particular identifiable
16	16	and legally enforceable obligations of the state that were incurred
17	17	on or before that day and intended to be paid from appropriations
18	18	for that fiscal biennium.
19	19	(c) Not [The comptroller shall, not] later than the 90th day
20	20	of each fiscal biennium, the comptroller shall:
21	21	(1) transfer to the budget [economic] stabilization
22	22	fund one-half of any unencumbered positive balance of general
23	23	revenues on the last day of the preceding fiscal biennium; and
24	24	(2) transfer 25 percent of any unencumbered positive
25	25	balance of general revenues on the last day of the preceding fiscal
26	26	biennium to the property tax relief fund. [If necessary, the
27	27	comptroller shall reduce the amount transferred in proportion to
28	28	the other amounts prescribed by this section to prevent the amount
29	29	in the fund from exceeding the limit in effect for that biennium
30	30	under Subsection (g) of this section.]
31	31	(d) To the extent that the reports of payables and binding
32	32	encumbrances on which the transfers under Subsection (c) of this
33	33	section were based prove to have been underestimated, the
34	34	comptroller may reclaim money transferred under Subsection (c) of
35	35	this section in an amount that the comptroller determines is
36	36	necessary to pay a claim that is legally payable from an
37	37	appropriation that was encumbered to pay the claim before the
38	38	expiration of the appropriation but the balance of which is
39	39	insufficient to pay the claim.
40	40	(e) [(c)] Not later than the 90th day of each fiscal year,
41	41	the comptroller of public accounts shall transfer from general
42	42	revenue to the budget [economic] stabilization fund the amounts
43	43	prescribed by Subsections (f) and (g) [(d) and (e)] of this section.
44	44	[However, if necessary, the comptroller shall reduce
45	45	proportionately the amounts transferred to prevent the amount in
46	46	the fund from exceeding the limit in effect for that biennium under
47	47	Subsection (g) of this section.]
48	48	(f) [(d)] If in the preceding year the state received from
49	49	oil production taxes a net amount greater than the net amount of oil
50	50	production taxes received by the state in the fiscal year ending
51	51	August 31, 1987, the comptroller shall transfer to the budget
52	52	[economic] stabilization fund an amount equal to 75 percent of the
53	53	difference between those amounts. The comptroller shall retain the
54	54	remaining 25 percent of the difference as general revenue. In
55	55	computing the net amount of oil production taxes received, the
56	56	comptroller may not consider refunds paid as a result of oil
57	57	overcharge litigation.
58	58	(g) [(e)] If in the preceding year the state received from
59	59	gas production taxes a net amount greater than the net amount of gas
60	60	production taxes received by the state in the fiscal year ending
61	61	August 31, 1987, the comptroller shall transfer to the budget
62	62	[economic] stabilization fund an amount equal to 75 percent of the
63	63	difference between those amounts. The comptroller shall retain the
64	64	remaining 25 percent of the difference as general revenue. For the
65	65	purposes of this subsection, the comptroller shall adjust the
66	66	comptroller's [his] computation of revenues to reflect only 12
67	67	months of collection.
68	68	(h) [(f)] The legislature by general law or in a general
69	69	appropriations act may transfer additional amounts of money to the
70	70	budget [appropriate additional amounts to the economic]
71	71	stabilization fund or to the property tax relief fund. A transfer
72	72	made under this subsection is not an appropriation for purposes of
73	73	Section 22, Article VIII, of this constitution.
74	74	(i) [(g) During each fiscal biennium, the amount in the
75	75	economic stabilization fund may not exceed an amount equal to 10
76	76	percent of the total amount, excluding investment income, interest
77	77	income, and amounts borrowed from special funds, deposited in
78	78	general revenue during the preceding biennium.
79	79	[(h)] In preparing an estimate of anticipated revenues for a
80	80	succeeding biennium as required by Article III, Section 49a, of
81	81	this constitution, the comptroller shall estimate the amount of the
82	82	transfers that will be made under Subsections (c), (f), and (g)
83	83	[(b), (d), and (e)] of this section. The comptroller shall deduct
84	84	that amount from the estimate of anticipated revenues as if the
85	85	transfers were made on August 31 of that fiscal year.
86	86	[(i) The comptroller shall credit to general revenue
87	87	interest due to the economic stabilization fund that would result
88	88	in an amount in the economic stabilization fund that exceeds the
89	89	limit in effect under Subsection (g) of this section.]
90	90	(j) The comptroller may transfer money from the budget
91	91	[economic] stabilization fund to general revenue to prevent or
92	92	eliminate a temporary cash deficiency in general revenue. The
93	93	comptroller shall return the amount transferred to the budget
94	94	[economic] stabilization fund as soon as practicable, but not later
95	95	than August 31 of each odd-numbered year. The comptroller shall
96	96	allocate the depository interest as if the transfers had not been
97	97	made. If the comptroller submits a statement to the governor and
98	98	the legislature under Article III, Section 49a, of this
99	99	constitution when money from the budget [economic] stabilization
100	100	fund is in general revenue, the comptroller shall state that the
101	101	transferred money is not available for appropriation from general
102	102	revenue.
103	103	(k) Except as otherwise provided by this section, amounts
104	104	[Amounts] from the budget [economic] stabilization fund may be
105	105	appropriated during a regular legislative session for the
106	106	then-current biennium only for a purpose for which an appropriation
107	107	from general revenue was made by the preceding legislature and may
108	108	be appropriated in a special session only for a purpose for which an
109	109	appropriation from general revenue was made in a preceding
110	110	legislative session of the same legislature. An appropriation for
111	111	the then-current biennium from the budget [economic] stabilization
112	112	fund made during a regular legislative session under this
113	113	subsection may be made only if the comptroller certifies that
114	114	appropriations from general revenue made by the preceding
115	115	legislature for the then-current [current] biennium exceed
116	116	available general revenues and cash balances for the remainder of
117	117	that biennium. The amount of an appropriation from the budget
118	118	[economic] stabilization fund under this subsection may not exceed
119	119	the difference between the comptroller's estimate of general
120	120	revenue for the then-current [current] biennium at the time the
121	121	comptroller receives for certification the bill making the
122	122	appropriation and the amount of general revenue appropriations for
123	123	that biennium previously certified by the comptroller.
124	124	Appropriations from the budget [economic] stabilization fund under
125	125	this subsection may not extend beyond the last day of the
126	126	then-current [current] biennium. An appropriation from the budget
127	127	[economic] stabilization fund under this subsection must be
128	128	approved by a three-fifths vote of the members present in each house
129	129	of the legislature.
130	130	(l) If an estimate of anticipated revenues for a succeeding
131	131	biennium prepared by the comptroller pursuant to Article III,
132	132	Section 49a, of this constitution is less than the revenues that are
133	133	estimated at the same time by the comptroller to be available for
134	134	the then-current [current] biennium, the legislature may, by a
135	135	three-fifths vote of the members present in each house, appropriate
136	136	for the succeeding biennium from the budget [economic]
137	137	stabilization fund an amount not to exceed this difference.
138	138	Following each fiscal year, the actual amount of revenue shall be
139	139	computed, and if the estimated difference exceeds the actual
140	140	difference, the comptroller shall transfer the amount necessary
141	141	from general revenue to the budget [economic] stabilization fund so
142	142	that the actual difference shall not be exceeded. If all or a
143	143	portion of the difference in revenue from one biennium to the next
144	144	results, at least in part, from a change in a tax rate or base
145	145	adopted by the legislature, the computation of revenue difference
146	146	shall be adjusted to the amount that would have been available had
147	147	the rate or base not been changed.
148	148	(m) [In addition to the appropriation authority provided by
149	149	Subsections (k) and (l) of this section, the legislature may, by a
150	150	two-thirds vote of the members present in each house, appropriate
151	151	amounts from the economic stabilization fund at any time and for any
152	152	purpose.
153	153	[(n)] Money appropriated from the budget [economic]
154	154	stabilization fund is subject to being withheld or transferred,
155	155	within any limits provided by statute, by any person or entity
156	156	authorized to exercise the power granted by Article XVI, Section
157	157	69, of this constitution.
158	158	(n) The comptroller of public accounts shall disburse
159	159	revenue deposited in the property tax relief fund under this
160	160	section to public school districts to reduce public school district
161	161	property tax rates as provided by rules of the comptroller adopted
162	162	to implement this subsection. The comptroller's rules adopted
163	163	under this subsection must be designed to provide for property tax
164	164	relief in accordance with any general law provisions for use of
165	165	money from the property tax relief fund. On the last day of each
166	166	fiscal biennium during which property tax rates for public schools
167	167	are set at zero percent as a result of property tax relief fund and
168	168	any other state disbursements, the comptroller shall transfer the
169	169	unencumbered balance of the property tax relief fund to the budget
170	170	stabilization fund.
171	171	(o) Notwithstanding Subsection (n) of this section, by a
172	172	vote of four-fifths of the members present in each house the
173	173	legislature may suspend for the then-current biennium or for the
174	174	next biennium any property tax relief disbursement under that
175	175	subsection or any transfer under that subsection and, to the extent
176	176	otherwise consistent with this constitution, may provide for the
177	177	money deposited in the property tax relief fund under this section
178	178	to be spent for any purpose or transferred to any account or fund
179	179	inside or outside of the treasury.
180	180	(p) In this section, "net" means the amount of money that is
181	181	equal to the difference between gross collections and refunds
182	182	before the comptroller allocates the receipts as provided by law.
183	183	SECTION 2. The following temporary provision is added to
184	184	the Texas Constitution:
185	185	TEMPORARY PROVISION. (a) This temporary provision applies
186	186	to the amendments to Section 49-g, Article III, of this
187	187	constitution, proposed by the 81st Legislature, Regular Session,
188	188	2009, regarding the budget stabilization fund and the application
189	189	of certain surplus revenues to property tax relief. This temporary
190	190	provision expires December 1, 2012.
191	191	(b) The changes made to Section 49-g, Article III, of this
192	192	constitution by the amendments apply only in relation to
193	193	appropriations made for the state fiscal biennium beginning
194	194	September 1, 2011, and subsequent state fiscal bienniums.
195	195	Appropriations for the state fiscal biennium that began September
196	196	1, 2009, are governed by Section 49-g, Article III, as it existed on
197	197	January 1, 2009.
198	198	(c) The changes made by the amendments to Section 49-g,
199	199	Article III, of this constitution apply beginning with any
200	200	unencumbered positive balance of general revenues on August 31,
201	201	2011.
202	202	SECTION 3. This proposed constitutional amendment shall be
203	203	submitted to the voters at an election to be held November 3, 2009.
204	204	The ballot shall be printed to provide for voting for or against the
205	205	proposition: "The constitutional amendment regarding the rainy day
206	206	fund and dedicating certain surplus revenues to property tax
207	207	relief."