83R7405 JJT-F
By: Hughes H.J.R. No. 93
A JOINT RESOLUTION
proposing a constitutional amendment to limit the rate of growth of
appropriations from all sources of revenue except the federal
government and to authorize the legislature to appropriate money
for tax rebates.
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 available sources of revenue except the
federal government [state tax revenues not dedicated by this
constitution] exceed the average biennial [the estimated] rate of
growth of the state's population, adjusted for monetary inflation
[economy].
(b) The legislature shall provide by general law procedures
to implement Subsection (a) of this section [subsection].
(c) [(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.
(d) An appropriation for the sole purpose of reducing
property taxes imposed by a political subdivision of the state,
including a school district, or for the sole purpose of returning
money to taxpayers as authorized by Section 51h, Article III, of
this constitution is not counted in determining for the purposes of
this section whether the rate of growth in appropriations for a
biennium exceeds the average biennial rate of growth of the state's
population, adjusted for monetary inflation.
(e) Appropriations may not [(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) No bill containing an appropriation of money from any
source except the federal government, other than an appropriation
for the sole purpose of tax relief or tax rebates as described by
Section 22(d), Article VIII, of this constitution, shall be
considered as passed or be sent to the Governor for consideration
until and unless the Comptroller of Public Accounts endorses the
Comptroller's certificate thereon showing that the appropriation
does not contravene the limitation on the rate of growth of
appropriations imposed by Section 22, Article VIII, of this
constitution. When the Comptroller finds that a bill contains an
appropriation that contravenes the limitation on the rate of growth
of appropriations, the Comptroller shall endorse that finding on
the bill, return the bill to the House from which it originated, and
immediately notify the House of Representatives and the Senate of
the finding.
(d) Not later than the 65th day after the date the
legislature adjourns a legislative session, the Comptroller shall
issue an estimate of the amount of anticipated general revenues for
the biennium that are unappropriated, unencumbered, and
undedicated at that time. If the legislative session is a regular
session or a special session that begins between final adjournment
of the regular session and the beginning of the subsequent state
fiscal biennium, the Comptroller's estimate must address that
subsequent biennium.
SECTION 3. Article III, Texas Constitution, is amended by
adding Section 51h to read as follows:
Sec. 51h. Notwithstanding any other provision of this
constitution, the legislature by general law may provide for
granting public money to natural persons in this state for the sole
purpose of returning public money to residents or taxpayers. The
legislature by general law may provide for any method to accomplish
that purpose the legislature considers most efficient, including
direct cash payments to individual residents of this state or to a
class of residents or taxpayers of this state.
SECTION 4. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the amendments to Section 22, Article VIII, and Section 49a,
Article III, of this constitution, proposed by the 83rd
Legislature, Regular Session, 2013, to limit the rate of growth of
appropriations from all sources of revenue except the federal
government to a rate equal to the average biennial rate of growth of
the state's population, adjusted for monetary inflation. This
temporary provision expires December 1, 2015.
(b) The changes made to Section 22, Article VIII, and the
addition of Subsection (c) to Section 49a, Article III, of this
constitution by the amendments apply only in relation to
appropriations made for the state fiscal biennium beginning
September 1, 2015, and subsequent state fiscal bienniums.
Appropriations for the state fiscal biennium that began September
1, 2013, are governed by Section 22, Article VIII, and Section 49a,
Article III, as they existed immediately before the amendment was
approved by the voters.
(c) The duty imposed on the comptroller of public accounts
by the addition of Subsection (d) to Section 49a, Article III, of
this constitution first applies after the legislature adjourns its
regular session in 2015.
SECTION 5. 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 limit the rate of
growth of appropriations from all sources of revenue except the
federal government and to authorize the legislature to appropriate
money for tax rebates to individual residents or taxpayers."