Texas 2009 - 81st Regular

Texas Senate Bill SB928 Compare Versions

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

Old	New	Differences
1	1	81R2717 JJT-D
2	2	By: Patrick, Dan, et al. S.B. No. 928
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the limitation on the rate of growth of appropriations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 316.001, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 316.001. LIMIT. The rate of growth of appropriations
12	12	in a biennium from state tax revenues not dedicated by the
13	13	constitution may not exceed the lesser of:
14	14	(1) the estimated rate of growth of the state's economy
15	15	as represented by the rate of growth in Texas personal income
16	16	determined under Section 316.002(b); and
17	17	(2) the sum of the estimated average biennial rate of
18	18	the state's population growth and the estimated average biennial
19	19	rate of monetary inflation in this state, determined under Section
20	20	316.002(c).
21	21	SECTION 2. Section 316.002, Government Code, is amended to
22	22	read as follows:
23	23	Sec. 316.002. DUTIES OF LEGISLATIVE BUDGET BOARD. (a)
24	24	Before the Legislative Budget Board submits the budget as
25	25	prescribed by Section 322.008 [322.008(b)], the board shall
26	26	establish:
27	27	(1) the estimated rate of growth of the state's economy
28	28	from the current biennium to the next biennium;
29	29	(2) the sum of the estimated average biennial rate of
30	30	the state's population growth and the estimated average biennial
31	31	rate of monetary inflation in this state;
32	32	(3) the level of appropriations for the current
33	33	biennium from state tax revenues not dedicated by the constitution;
34	34	and
35	35	(4) [(3)] the amount of state tax revenues not
36	36	dedicated by the constitution that could be appropriated for the
37	37	next biennium within the limit established by the lesser of the
38	38	estimated rate of growth of the state's economy as determined under
39	39	Subsection (b) and the sum of the estimated average biennial rate of
40	40	the state's population growth and the estimated average biennial
41	41	rate of monetary inflation in this state as determined under
42	42	Subsection (c).
43	43	(b) The [Except as provided by Subsection (c), the] board
44	44	shall determine the estimated rate of growth of the state's economy
45	45	from the current biennium to the next biennium by dividing the
46	46	estimated Texas total personal income for the next biennium by the
47	47	estimated Texas total personal income for the current biennium.
48	48	Using standard statistical methods, the board shall make the
49	49	estimate by projecting through the biennium the estimated Texas
50	50	total personal income reported by the United States Department of
51	51	Commerce or its successor in function.
52	52	(c) Using information and analysis obtained from the United
53	53	States Department of Labor or its successor in function, the state
54	54	demographer or the demographer's successor in function, the United
55	55	States Census Bureau or its successor in function, and other
56	56	relevant sources the board considers reliable, the board shall
57	57	determine the sum of the estimated average biennial rate of the
58	58	state's population growth and the estimated average biennial rate
59	59	of monetary inflation in this state by:
60	60	(1) determining the estimated average biennial rate of
61	61	the state's population growth over the current and the two previous
62	62	state fiscal bienniums;
63	63	(2) determining the estimated average biennial rate of
64	64	monetary inflation in this state over the current and the two
65	65	previous state fiscal bienniums; and
66	66	(3) adding the rate determined under Subdivision (1)
67	67	to the rate determined under Subdivision (2). [If a more
68	68	comprehensive definition of the rate of growth of the state's
69	69	economy is developed and is approved by the committee established
70	70	by Section 316.005, the board may use that definition in
71	71	calculating the limit on appropriations.]
72	72	(d) To ensure compliance with Article VIII, Section 22, of
73	73	the Texas Constitution, the Legislative Budget Board may not
74	74	transmit in any form to the governor or the legislature the budget
75	75	as prescribed by Section 322.008(c) or the general appropriations
76	76	bill as prescribed by Section 322.008(d) until the limit on the rate
77	77	of growth of appropriations has been adopted as required by this
78	78	subchapter.
79	79	(e) In the absence of an action by the Legislative Budget
80	80	Board to adopt a spending limit as provided by this section [in
81	81	Subsections (a) and (b)], the limit on the rate of growth of
82	82	appropriations under this subchapter is [estimated rate of growth
83	83	in the state's economy from the current biennium to the next
84	84	biennium shall be treated as if it were] zero, and the amount of
85	85	state tax revenues not dedicated by the constitution that may
86	86	[could] be appropriated within the limit is [established by the
87	87	estimated rate of growth in the state's economy shall be] the same
88	88	as the level of appropriations for the current biennium.
89	89	SECTION 3. Section 316.008, Government Code, is amended to
90	90	read as follows:
91	91	Sec. 316.008. EFFECT OF LIMIT; ENFORCEMENT. (a) In this
92	92	section:
93	93	(1) "Constitutional limit on the rate of growth of
94	94	appropriations" means the limit on the rate of growth of
95	95	appropriations determined by the Legislative Budget Board under
96	96	Section 316.002(b) as finally adopted by the committee under
97	97	Section 316.005(b) or as considered adopted under Section
98	98	316.005(c).
99	99	(2) "Statutory limit on the rate of growth of
100	100	appropriations" means the limit on the rate of growth of
101	101	appropriations determined by the Legislative Budget Board under
102	102	Section 316.002(c) as finally adopted by the committee under
103	103	Section 316.005(b) or as considered adopted under Section
104	104	316.005(c).
105	105	(b) With respect to the constitutional limit on the rate of
106	106	growth of appropriations, unless [Unless] the legislature adopts a
107	107	resolution under Article VIII, Section 22(b), of the Texas
108	108	Constitution raising the proposed constitutional limit on
109	109	appropriations, the proposed constitutional limit is binding on the
110	110	legislature with respect to all appropriations for the next
111	111	biennium made from state tax revenues not dedicated by the
112	112	constitution.
113	113	(c) [(b)] The rules of the house of representatives and
114	114	senate shall provide for enforcement of Subsection (b) [(a)].
115	115	(d) When the statutory limit on the rate of growth of
116	116	appropriations is lower than the constitutional limit on the rate
117	117	of growth of appropriations or is lower than the constitutional
118	118	limit as raised by a resolution described by Subsection (b), the
119	119	proposed statutory limit is binding on the legislature with respect
120	120	to all appropriations for the next biennium made from state tax
121	121	revenues not dedicated by the constitution unless the legislature
122	122	by general law provides that the statutory limit does not apply to
123	123	appropriations for that biennium.
124	124	(e) If the Legislative Budget Board does not adopt a
125	125	spending limit as provided by Section 316.002, both the
126	126	constitutional limit on the rate of growth of appropriations and
127	127	the statutory limit on the rate of growth of appropriations are
128	128	considered to be zero.
129	129	SECTION 4. The changes in law made by this Act apply only
130	130	with respect to appropriations for the state fiscal biennium
131	131	beginning September 1, 2011, and subsequent state fiscal bienniums.
132	132	SECTION 5. This Act takes effect September 1, 2009.