Texas 2013 - 83rd Regular

Texas Senate Bill SB101 Compare Versions

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1	1	By: Patrick, Schwertner S.B. No. 101
2	2	(In the Senate - Filed November 12, 2012; January 29, 2013,
3	3	read first time and referred to Committee on Finance;
4	4	April 29, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 10, Nays 3;
6	6	April 29, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 101 By: Patrick
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the constitutional limit on the rate of growth of
13	13	appropriations of revenue.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Sections 316.001 and 316.002, Government Code,
16	16	are amended to read as follows:
17	17	Sec. 316.001. LIMIT. (a) The rate of growth of
18	18	appropriations in a state fiscal biennium from all sources of
19	19	revenue other than the federal government [state tax revenues not
20	20	dedicated by the constitution] may not exceed a rate determined by
21	21	adding the estimated rate of the increase or decrease in the state's
22	22	population during the next state fiscal biennium and the estimated
23	23	rate of monetary inflation or deflation in this state during that
24	24	next biennium [the estimated rate of growth of the state's
25	25	economy].
26	26	(b) If the sum of the estimated rates described by
27	27	Subsection (a) is a negative number, the amount of appropriations
28	28	authorized for the next state fiscal biennium from all sources of
29	29	revenue other than the federal government must decrease as
30	30	prescribed by this subchapter.
31	31	Sec. 316.002. DUTIES OF LEGISLATIVE BUDGET BOARD.
32	32	(a) Before the Legislative Budget Board submits the budget for the
33	33	next state fiscal biennium as prescribed by Section 322.008(c), the
34	34	board shall establish:
35	35	(1) the maximum allowable rate of growth of
36	36	appropriations from all sources of revenue other than the federal
37	37	government between the current state fiscal biennium and the next
38	38	state fiscal biennium, in accordance with Section 22, Article VIII,
39	39	Texas Constitution, expressed as a percentage, by adding the
40	40	following estimated rates, as determined by the board:
41	41	(A) the estimated rate of change of the state's
42	42	population during the next state fiscal biennium, expressed as a
43	43	percentage; and
44	44	(B) the estimated rate of monetary inflation or
45	45	deflation in this state during the next state fiscal [estimated
46	46	rate of growth of the state's economy from the current biennium to
47	47	the next] biennium, expressed as a percentage;
48	48	(2) the estimated amount [level] of appropriations for
49	49	the current state fiscal biennium from all sources of revenue other
50	50	than the federal government [state tax revenues not dedicated by
51	51	the constitution]; and
52	52	(3) the amount of [state tax] revenues from all
53	53	sources of revenue other than the federal government [not dedicated
54	54	by the constitution] that could be appropriated for the next state
55	55	fiscal biennium within the limit established in accordance with the
56	56	maximum allowable rate of growth determined under Subdivision (1)
57	57	and the estimated amount of appropriations for the current state
58	58	fiscal biennium determined under Subdivision (2) [by the estimated
59	59	rate of growth of the state's economy].
60	60	(b) If the sum of the estimated rate of increase or decrease
61	61	in the state's population and the estimated rate of monetary
62	62	inflation or deflation in this state is a negative number, the
63	63	amount of appropriations authorized for the next state fiscal
64	64	biennium from all sources of revenue other than the federal
65	65	government may not exceed the amount of appropriations from those
66	66	sources of revenue in the current state fiscal biennium reduced by
67	67	the product of that amount and the additive inverse of the sum of
68	68	those rates. [Except as provided by Subsection (c), the board shall
69	69	determine the estimated rate of growth of the state's economy by
70	70	dividing the estimated Texas total personal income for the next
71	71	biennium by the estimated Texas total personal income for the
72	72	current biennium. Using standard statistical methods, the board
73	73	shall make the estimate by projecting through the biennium the
74	74	estimated Texas total personal income reported by the United States
75	75	Department of Commerce or its successor in function.]
76	76	(c) [If a more comprehensive definition of the rate of
77	77	growth of the state's economy is developed and is approved by the
78	78	committee established by Section 316.005, the board may use that
79	79	definition in calculating the limit on appropriations.
80	80	[(d)] To ensure compliance with Section 22, Article VIII,
81	81	[Section 22, of the] Texas Constitution, the Legislative Budget
82	82	Board may not transmit in any form to the governor or the
83	83	legislature the budget as prescribed by Section 322.008(c) or the
84	84	general appropriations bill as prescribed by Section 322.008(d)
85	85	until the limit on the rate of growth of appropriations has been
86	86	adopted as required by this subchapter.
87	87	(d) [(e)] In the absence of an action by the Legislative
88	88	Budget Board to adopt a spending limit as provided by this section
89	89	[in Subsections (a) and (b)], the sum of the estimated rate of
90	90	population growth and the estimated rate of inflation [in the
91	91	state's economy from the current biennium to the next biennium]
92	92	shall be treated as if that rate [it] were zero, and the amount of
93	93	revenue from all sources of revenue other than the federal
94	94	government [state tax revenues not dedicated by the constitution]
95	95	that could be appropriated for the next state fiscal biennium is
96	96	[within the limit established by the estimated rate of growth in the
97	97	state's economy shall be] the same as the amount [level] of
98	98	appropriations from those sources of revenue for the current
99	99	biennium.
100	100	SECTION 2. Section 316.006, Government Code, is amended to
101	101	read as follows:
102	102	Sec. 316.006. LIMIT ON BUDGET RECOMMENDATIONS. Unless
103	103	authorized by majority vote of the members of the board from each
104	104	house, the Legislative Budget Board budget recommendations
105	105	relating to the proposed appropriations of revenue from all sources
106	106	of revenue other than the federal government [state tax revenues
107	107	not dedicated by the constitution] may not exceed the limit adopted
108	108	by the committee under Section 316.005.
109	109	SECTION 3. Subsection (a), Section 316.007, Government
110	110	Code, is amended to read as follows:
111	111	(a) The Legislative Budget Board shall include in its budget
112	112	recommendations the proposed limit of appropriations of revenue
113	113	from all sources of revenue other than the federal government [from
114	114	state tax revenues not dedicated by the constitution].
115	115	SECTION 4. Subsection (a), Section 316.008, Government
116	116	Code, is amended to read as follows:
117	117	(a) Unless the legislature adopts a resolution under
118	118	Section 22, Article VIII, [Section 22(b), of the] Texas
119	119	Constitution, raising the proposed limit on appropriations, the
120	120	proposed limit is binding on the legislature with respect to all
121	121	appropriations for the next state fiscal biennium made from all
122	122	sources of revenue other than the federal government [state tax
123	123	revenues not dedicated by the constitution].
124	124	SECTION 5. The changes in law made by this Act apply only,
125	125	as applicable, in relation to appropriations made for the state
126	126	fiscal biennium beginning September 1, 2015, and subsequent state
127	127	fiscal bienniums. Appropriations for the state fiscal biennium
128	128	that begins September 1, 2013, are governed by Sections 316.001,
129	129	316.002, and 316.008, Government Code, as those sections existed on
130	130	January 1, 2013, and the former law is continued in effect for that
131	131	purpose.
132	132	SECTION 6. This Act takes effect on the date on which the
133	133	constitutional amendment proposed by the 83rd Legislature, Regular
134	134	Session, 2013, concerning the limitation on the rate of growth of
135	135	appropriations of revenue takes effect. If that amendment is not
136	136	approved by the voters, this Act has no effect.
137	137	* * * * *