83R1734 JJT-F
By: Perry H.J.R. No. 49
A JOINT RESOLUTION
proposing a constitutional amendment regarding the maximum amount
of appropriations for a state fiscal biennium.
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) The amount [In no biennium shall the rate of
growth] of appropriations from the state treasury for a fiscal
biennium may not [tax revenues not dedicated by this constitution]
exceed the maximum amount determined in accordance with Subsection
(c) of this section and general law [estimated rate of growth of the
state's economy].
(b) The maximum rate of growth of appropriations from the
state treasury for a fiscal biennium, as compared to the preceding
fiscal biennium, is the lesser of:
(1) a rate equal to the sum of:
(A) the estimated rate of growth of this state's
population; and
(B) the estimated rate of monetary inflation in
this state; or
(2) the estimated rate of growth of personal income of
this state's residents.
(c) The amount of permissible appropriations may not exceed
an amount determined by multiplying the amount of appropriations
for the then-current fiscal biennium by the sum of one plus the
maximum rate of growth determined under Subsection (b) of this
section.
(d) The legislature shall provide by general law procedures
to implement this section [subsection].
(e) [(b)] If the legislature, by adoption on a record vote
of a resolution approved by two-thirds [a record vote of 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 maximum permissible amount of
appropriations authorized under [by] Subsection (c) [(a)] of this
section. The total of the excess appropriations authorized by
resolutions approved under this subsection may not exceed the total
of the amounts [amount] specified in those resolutions [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 maximum amount of permissible appropriations
for that fiscal biennium authorized under Section 22, Article VIII,
of this constitution.
(d) When the Comptroller of Public Accounts finds that a
bill containing an appropriation exceeds the maximum amount of
permissible appropriations for that fiscal biennium authorized
under Section 22, Article VIII, of this constitution, the
Comptroller shall:
(1) endorse on the bill that finding;
(2) return the bill to the House in which it
originated; and
(3) notify immediately the House of Representatives
and the Senate of the finding.
SECTION 3. (a) This proposed constitutional amendment
shall be submitted to the voters at an election to be held November
5, 2013.
(b) The ballot shall be printed to permit voting for or
against the proposition: "The constitutional amendment regarding
the maximum amount of appropriations for a state fiscal biennium."