Texas 2011 - 82nd Regular

Texas Senate Bill SB1652 Compare Versions

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1	1	By: Watson S.B. No. 1652
2	2	(In the Senate - Filed March 11, 2011; March 23, 2011, read
3	3	first time and referred to Committee on Finance; May 11, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 11, Nays 0; May 11, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1652 By: Patrick
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the implementation of new processes for the purposes of
12	12	budget transparency, fiscal responsibility, and open government.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 322.003, Government Code, is amended by
15	15	adding Subsection (f) to read as follows:
16	16	(f) The board shall hold a public hearing in November of
17	17	each state fiscal year to hear a report from the comptroller and
18	18	receive public testimony regarding the financial condition of this
19	19	state. The report from the comptroller must:
20	20	(1) specify for each revenue source included in
21	21	determining the estimate of anticipated revenue for purposes of the
22	22	most recent statement required by Section 49a, Article III, Texas
23	23	Constitution, the total net revenue actually collected from that
24	24	source for the state fiscal year as of the end of the most recent
25	25	state fiscal quarter;
26	26	(2) compare for the period described by Subdivision
27	27	(1) the total net revenue collected from each revenue source
28	28	required to be specified under that subdivision with the
29	29	anticipated revenue from that source that was included for purposes
30	30	of determining the estimate of anticipated revenue in the statement
31	31	required by Section 49a, Article III, Texas Constitution;
32	32	(3) specify for each state revenue source resulting
33	33	from a law taking effect after the comptroller submitted the most
34	34	recent statement required by Section 49a, Article III, Texas
35	35	Constitution, the estimated total net revenue collected from that
36	36	source for the state fiscal year as of the end of the most recent
37	37	state fiscal quarter;
38	38	(4) summarize indicators of state economic trends
39	39	experienced since the most recent statement required by Section
40	40	49a, Article III, Texas Constitution; and
41	41	(5) summarize anticipated state economic trends and
42	42	the anticipated effect of the trends on state revenue collections.
43	43	SECTION 2. Section 322.008, Government Code, is amended by
44	44	adding Subsection (b-1) to read as follows:
45	45	(b-1) For each state fee the amount of which is proposed or
46	46	authorized to be increased by a provision of the general
47	47	appropriations bill, the general appropriations bill must set out
48	48	in a separate section of the bill:
49	49	(1) the statutory authority for the fee;
50	50	(2) the amount of the fee increase;
51	51	(3) each purpose for which the fee revenue is to be
52	52	used; and
53	53	(4) into which fund the fee revenue will be deposited.
54	54	SECTION 3. Chapter 322, Government Code, is amended by
55	55	adding Section 322.022 to read as follows:
56	56	Sec. 322.022. PUBLIC HEARING ON INTERIM BUDGET REDUCTION
57	57	REQUEST. (a) In this section:
58	58	(1) "Interim budget reduction request" means a request
59	59	communicated in any manner for a state agency to make adjustments to
60	60	the strategies, methods of finance, performance measures, or riders
61	61	applicable to the agency through the state budget in effect on the
62	62	date the request is communicated that, if implemented, would reduce
63	63	the agency's total expenditures for the current state fiscal
64	64	biennium to an amount less than the total amount that otherwise
65	65	would be permissible based on the appropriations made to the agency
66	66	in the budget.
67	67	(2) "State agency" means an office, department, board,
68	68	commission, institution, or other entity to which a legislative
69	69	appropriation is made.
70	70	(b) A state agency shall provide to the board a detailed
71	71	report of any expenditure reduction plan that:
72	72	(1) the agency develops in response to an interim
73	73	budget reduction request made by the governor, the lieutenant
74	74	governor, or a member of the legislature, or any combination of
75	75	those persons; and
76	76	(2) if implemented, would reduce the agency's total
77	77	expenditures for the current state fiscal biennium to an amount
78	78	less than the total amount that otherwise would be permissible
79	79	based on the appropriations made to the agency in the state budget
80	80	for the biennium.
81	81	(c) The board shall hold a public hearing to solicit
82	82	testimony on an expenditure reduction plan a state agency reports
83	83	to the board as required by Subsection (b) as soon as practicable
84	84	after receiving the report. The agency may not implement any
85	85	element of the plan until the conclusion of the hearing.
86	86	(d) This section does not apply to an expenditure reduction
87	87	a state agency desires to make that does not directly or indirectly
88	88	result from an interim budget reduction request made by the
89	89	governor, the lieutenant governor, or a member of the legislature,
90	90	or any combination of those persons.
91	91	SECTION 4. Subchapter B, Chapter 403, Government Code, is
92	92	amended by adding Section 403.0145 to read as follows:
93	93	Sec. 403.0145. PUBLICATION OF FEES SCHEDULE. As soon as
94	94	practicable after the end of each state fiscal year, the
95	95	comptroller shall publish a schedule of all revenue to the state
96	96	from fees authorized by statute. For each fee, the schedule must
97	97	specify:
98	98	(1) the purpose for which the fee revenue is to be
99	99	used;
100	100	(2) if the fee has been increased during the most
101	101	recent legislative session, the amount of the increase;
102	102	(3) into which fund the fee revenue will be deposited;
103	103	and
104	104	(4) the amount of the fee revenue that will be
105	105	considered available for general governmental purposes and
106	106	accordingly considered available for the purpose of certification
107	107	under Section 403.121.
108	108	SECTION 5. Section 404.124, Government Code, is amended by
109	109	amending Subsections (a) and (b) and adding Subsection (b-1) to
110	110	read as follows:
111	111	(a) Before issuing notes the comptroller shall submit to the
112	112	committee a general revenue cash flow shortfall forecast, based on
113	113	the comptroller's most recent anticipated revenue estimate. The
114	114	forecast must contain a detailed report of estimated revenues and
115	115	expenditures for each month and each major revenue and expenditure
116	116	category and must demonstrate the maximum general revenue cash flow
117	117	shortfall that may be predicted. The committee shall hold a public
118	118	hearing to solicit testimony on the forecast, including testimony
119	119	on this state's overall economic condition, as soon as practicable
120	120	after receiving the forecast.
121	121	(b) Based on the forecast and testimony provided at the
122	122	hearing required by Subsection (a), the committee may approve the
123	123	issuance of notes, subject to Subsections (b-1) and (c), and the
124	124	maximum outstanding balance of notes in any fiscal year. The
125	125	outstanding balance may not exceed the maximum temporary cash
126	126	shortfall forecast by the comptroller for any period in the fiscal
127	127	year. The comptroller may not issue notes in excess of the amount
128	128	approved.
129	129	(b-1) The committee's approval of the issuance of notes
130	130	granted under Subsection (b) expires on the 91st day after the date
131	131	the hearing conducted under Subsection (a) concludes. The
132	132	comptroller may not issue notes on or after the 91st day unless the
133	133	comptroller submits another general revenue cash flow shortfall
134	134	forecast to the committee and the committee subsequently grants
135	135	approval for the issuance of the notes in accordance with the
136	136	procedure required by Subsections (a) and (b). Each subsequent
137	137	approval expires on the 61st day after the date the hearing on which
138	138	the approval was based concludes.
139	139	SECTION 6. This Act takes effect immediately if it receives
140	140	a vote of two-thirds of all the members elected to each house, as
141	141	provided by Section 39, Article III, Texas Constitution. If this
142	142	Act does not receive the vote necessary for immediate effect, this
143	143	Act takes effect September 1, 2011.
144	144	* * * * *