83R2096 JJT-F
By: Sanford H.J.R. No. 69
A JOINT RESOLUTION
proposing a constitutional amendment concerning the limitation on
the rate of growth of state appropriations and the use of
unencumbered surplus state revenues to provide for a rebate of
state franchise taxes and to reduce public school district property
taxes.
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) this [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 additive
inverse of 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
of Public Accounts 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 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. Article III, Texas Constitution, is amended by
adding Section 49-g-1 to read as follows:
Sec. 49-g-1. (a) Not later than the 90th day of each state
fiscal biennium, the comptroller of public accounts shall ascertain
the amount of the unencumbered positive balance of general revenues
on the last day of the preceding state fiscal biennium that remains
after the transfer of revenues to the economic stabilization fund
under Subsection (b), Section 49-g, of this article. For purposes
of this subsection, general revenues are considered encumbered on
the last day of a state fiscal biennium only to the extent that
general revenues are subject to payment for particular identifiable
and legally enforceable obligations of this state that were
incurred on or before that day and intended to be paid out of
appropriations for that state fiscal biennium.
(b) The legislature by general law shall provide a procedure
by which the comptroller of public accounts shall issue to payers of
this state's franchise tax a rebate of franchise taxes paid during
the preceding state fiscal biennium such that:
(1) the total amount of rebates issued equals the
lesser of:
(A) one-half of the amount of the remaining
unencumbered positive balance of general revenues ascertained
under Subsection (a) of this section; or
(B) the total amount of state franchise taxes
collected during that preceding state fiscal biennium; and
(2) each payer of the franchise tax during that
preceding state fiscal biennium receives a share of the total
amount of rebates issued that is directly proportionate to the
share that the amount of that taxpayer's franchise taxes paid
during that preceding state fiscal biennium bears to the total
amount of franchise taxes collected during that preceding state
fiscal biennium.
(c) Not later than the 91st day of each state fiscal
biennium, the comptroller of public accounts shall transfer to the
property tax relief fund established by general law one-half of the
amount of the unencumbered positive balance of general revenues
ascertained under Subsection (a) of this section to be used for
reducing public school district property taxes as provided by
general law.
SECTION 4. 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 concerning the
limitation on the rate of growth in appropriations and the use of
unencumbered surplus state revenues to provide for a rebate of
state franchise taxes and to reduce public school district property
taxes."