83R203 JJT-F By: Callegari H.J.R. No. 23 A JOINT RESOLUTION proposing a constitutional amendment concerning the limitation on the rate of growth of state appropriations. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22, Article VIII, Texas Constitution, is amended to read as follows: Sec. 22. (a) In no biennium shall the rate of growth of appropriations from all sources of revenue other than the federal government [state tax revenues not dedicated by this constitution] exceed a rate equal to the sum of the estimated rates [rate] of increase or decrease, during the biennium preceding the biennium for which the appropriations are made, [growth] of: (1) the state's population; and (2) inflation or deflation in this state in the prices of goods [economy]. (b) The rates described by Subsection (a) of this section shall be estimated in the manner provided by general law. If the sum of those estimated rates is a negative number, appropriations for the biennium from all sources of revenue other than the federal government must decrease by a rate at least equal to the sum of those estimated rates. (c) In this section, the rate of change of appropriations from all sources of revenue other than the federal government is the percentage difference between: (1) the amount of money appropriated for the current biennium from those sources as estimated in the manner prescribed by law at or near the time the legislature convenes in regular session during the current biennium; and (2) the amount of money appropriated for the next biennium from those sources as finally estimated by the comptroller at the times the Acts making appropriations are considered by the comptroller under Article III, Section 49a, of this constitution. (d) The legislature shall provide by general law procedures to implement Subsections (a), (b), and (c) of this section [subsection]. (e) [(b)] If the legislature by adoption of a resolution approved by a record vote of two-thirds [a majority] of the members of each house finds that an emergency exists and identifies the nature of the emergency, the legislature may provide for appropriations in excess of the amount authorized by Subsection (a) of this section. The excess authorized under this subsection may not exceed the amount specified in the resolution. (f) [(c)] In no case shall appropriations exceed revenues as provided in Article III, Section 49a, of this constitution. Nothing in this section shall be construed to alter, amend, or repeal Article III, Section 49a, of this constitution. SECTION 2. Section 49a, Article III, Texas Constitution, is amended by adding Subsections (c) and (d) to read as follows: (c) A bill containing an appropriation may not be considered as passed and may not be sent to the Governor for consideration until the Comptroller of Public Accounts endorses on the bill the Comptroller's certificate showing that the amount appropriated does not exceed the limitation on the rate of growth of appropriations imposed by Section 22, Article VIII, of this constitution. (d) When the Comptroller of Public Accounts finds that a bill containing an appropriation exceeds the limitation on the rate of growth of appropriations imposed by Section 22, Article VIII, of this constitution, the Comptroller shall endorse that finding on the bill, return the bill to the House in which it originated, and immediately notify the House of Representatives and the Senate of the finding. SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 4, 2014. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment regarding the limitation on the rate of growth in appropriations."