83R2649 MAW-D
By: Howard H.J.R. No. 67
A JOINT RESOLUTION
proposing a constitutional amendment providing for legislative
budget sessions in even-numbered years.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5(a), Article III, Texas Constitution,
is amended to read as follows:
(a) The Legislature shall meet every odd-numbered year in
regular session and every even-numbered year in budget session [two
years] at such times [time] as may be provided by law. The
Legislature also shall meet [and] at other times when convened by
the Governor.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 40a to read as follows:
Sec. 40a. (a) A budget session of the legislature may not
exceed 30 days in duration. When convened in budget session, a
house of the legislature may not consider a bill or proposed
constitutional amendment on a matter other than appropriations,
transfers of state money among funds and accounts, or state
revenue.
(b) Except as otherwise provided by this constitution, a
budget session is treated in the same manner as a special session of
the legislature for purposes of this constitution.
(c) Unless otherwise provided by general law, a budget
session shall be convened at noon on the third Tuesday in April.
SECTION 3. Section 49(c), Article III, Texas Constitution,
is amended to read as follows:
(c) The legislature may call an election during any regular
session or budget session of the legislature or during any special
session of the legislature in which the subject of the election is
designated in the governor's proclamation for that special session.
The election may be held on any date, and notice of the election
shall be given for the period and in the manner required for
amending this constitution. The election shall be held in each
county in the manner provided by law for other statewide elections.
SECTION 4. Subsection (a), Section 49a, 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 and Budget 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.
SECTION 5. Section 49-g(k), Article III, Texas
Constitution, is amended to read as follows:
(k) Amounts from the economic stabilization fund may be
appropriated during a regular legislative session only for a
purpose for which an appropriation from general revenue was made by
the preceding legislature and may be appropriated in a budget or
special session only for a purpose for which an appropriation from
general revenue was made in a preceding legislative session of the
same legislature. An appropriation from the economic stabilization
fund may be made under this subsection only if the comptroller
certifies that appropriations from general revenue made by the
preceding legislature for the current biennium exceed available
general revenues and cash balances for the remainder of that
biennium. The amount of the [an] appropriation [from the economic
stabilization fund] may not exceed the difference between the
comptroller's estimate of general revenue for the current biennium
at the time the comptroller receives for certification the bill
making the appropriation and the amount of general revenue
appropriations for that biennium previously certified by the
comptroller. Appropriations from the economic stabilization fund
under this subsection may not extend beyond the last day of the
current biennium. An appropriation from the economic stabilization
fund under this subsection must be approved by a three-fifths vote
of the members present in each house of the legislature.
SECTION 6. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) The constitutional amendment
proposed by the 83rd Legislature, Regular Session, 2013, providing
for legislative budget sessions in even-numbered years takes effect
January 1, 2014.
(b) This temporary provision expires February 1, 2014.
SECTION 7. 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 providing for
legislative budget sessions in even-numbered years."