83R6571 KLA-D
By: Howard H.J.R. No. 135
A JOINT RESOLUTION
proposing a constitutional amendment to prohibit using voluntarily
paid additional fees and surcharges that are dedicated by law for
nondedicated general governmental purposes and to prohibit using
that money for certification of appropriations for nondedicated
purposes or entities.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49a, Article III, Texas Constitution, is
amended by adding Subsection (c) to read as follows:
(c) In making the determinations necessary for the
Comptroller of Public Accounts to endorse the certificate under
Subsection (b) of this section, the Comptroller may not consider
any portion of any revenue of or money received by this state, or
any account or fund balance accrued from revenue or money, that was
received from voluntarily paid additional fees or surcharges and
that by law has been dedicated to a particular purpose or entity, as
available for the purpose of certifying that the amount of
appropriations for any other purpose or entity is within the amount
estimated to be available in the affected funds. The legislature
may not by general law make an unappropriated balance of a dedicated
account or fund described by this subsection available for general
governmental purposes or certification except by expressly
repealing the dedication. For purposes of this subsection:
(1) the Comptroller shall identify the revenue, money,
and account and fund balances to which this subsection applies,
subject to Subdivisions (2) and (3) of this subsection;
(2) a fee paid for a regulatory purpose or to receive a
direct personal benefit is not considered to be a voluntarily paid
additional fee or surcharge; and
(3) a fee or surcharge voluntarily paid in addition to
a payment described by Subdivision (1) of this subsection, such as
an additional dedicated fee paid in connection with registration of
a motor vehicle to receive certain specialty license plates, is
considered to be a voluntarily paid additional fee or surcharge.
SECTION 2. Article VIII, Texas Constitution, is amended by
adding Section 31 to read as follows:
Sec. 31. Revenue of or money received by this state from one
or more particular sources or held in or deposited to an identified
account or fund inside or outside the state treasury that was
received from voluntarily paid additional fees or surcharges and
the appropriation or expenditure of which at the time the revenue is
collected or the money is received by the state is dedicated by
general law to one or more particular purposes or for one or more
particular entities may not be appropriated or expended for any
purpose, or to or by any entity, other than a purpose or entity to
which the revenue or money is dedicated unless the legislature
expressly repeals the dedication. For purposes of this subsection:
(1) the Comptroller shall identify the revenue, money,
and account and fund balances to which this subsection applies,
subject to Subdivisions (2) and (3) of this subsection;
(2) a fee paid for a regulatory purpose or to receive a
direct personal benefit is not considered to be a voluntarily paid
additional fee or surcharge; and
(3) a fee or surcharge voluntarily paid in addition to
a payment described by Subdivision (1) of this subsection, such as
an additional dedicated fee paid in connection with registration of
a motor vehicle to receive certain specialty license plates, is
considered to be a voluntarily paid additional fee or surcharge.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 83rd Legislature,
Regular Session, 2013, to prohibit using voluntarily paid
additional fees and surcharges that are dedicated by law for
nondedicated general governmental purposes and to prohibit using
that money for certification of appropriations for nondedicated
purposes or entities.
(b) Section 49a(c), Article III, of this constitution takes
effect January 1, 2015, and applies only to the certification of an
appropriation authorized for all or part of a state fiscal year
beginning on or after September 1, 2015.
(c) Section 31, Article VIII, of this constitution takes
effect September 1, 2015, and applies only to appropriations
authorized for all or part of, or expenditures during, a state
fiscal year beginning on or after that date.
(d) This temporary provision expires January 1, 2016.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to end fee and other
revenue diversions by prohibiting using voluntarily paid
additional fees and surcharges dedicated by law for nondedicated
purposes or entities and to prohibit using that money to certify
appropriations for nondedicated purposes or entities."