82R12205 TJB-D By: Larson H.J.R. No. 149 A JOINT RESOLUTION proposing a constitutional amendment to require the comptroller of public accounts to make a state revenue report after the first year of a state fiscal biennium and the governor to call a special session of the legislature if actual state revenue for that fiscal year was at least five percent less than projected revenue. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 49a(a), Article III, Texas Constitution, is amended to read as follows: (a) It shall be the duty of the Comptroller of Public Accounts in advance of each Regular Session of the Legislature to prepare and submit to the Governor and to the Legislature upon its convening a statement under oath showing fully the financial condition of the State Treasury at the close of the last fiscal period and an estimate of the probable receipts and disbursements for the then current fiscal year. There shall also be contained in said statement an itemized estimate of the anticipated revenue based on the laws then in effect that will be received by and for the State from all sources showing the fund accounts to be credited during each fiscal year of the succeeding biennium and said statement shall contain such other information as may be required by law. Supplemental statements shall be submitted at any Special Session of the Legislature, and at such other times as may be necessary to show probable changes. Not later than September 10 of each even-numbered year, the Comptroller shall prepare and submit to the Governor and the Legislature a statement under oath showing fully the condition of the State Treasury, including actual revenue received by and for the State from all sources, during the first year of the current fiscal biennium. SECTION 2. Section 8, Article IV, Texas Constitution, is amended by adding Subsection (c) to read as follows: (c) The governor shall immediately convene the legislature in special session if, according to the comptroller's statement prepared immediately after the end of the first year of the current fiscal biennium under Section 49a, Article III, of this constitution, actual revenue received by and for the state from all sources during that year was at least five percent less than the revenue that was anticipated by the comptroller to be received for that fiscal year according to the last statement submitted to the governor and legislature before the beginning of that fiscal year under Section 49a, Article III. The legislature may consider any state fiscal matter, including appropriations or taxation, at that special session. SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2011. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment requiring the comptroller of public accounts to make state revenue projections after the first fiscal year of a state biennium and the governor to call a special session of the legislature if actual revenue for that fiscal year was at least five percent less than projected revenue."