83R5952 KLA-D
By: Estes S.J.R. No. 26
A JOINT RESOLUTION
proposing a constitutional amendment to prohibit using revenues,
other money, or account or fund balances dedicated by law for
nondedicated general governmental purposes and to limit using that
money or those balances for certification of appropriations for
nondedicated purposes or entities.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49a, Article III, Texas Constitution, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) In making the determinations necessary for the
Comptroller of Public Accounts to endorse the certificate under
Subsection (b) of this section, the Comptroller may not consider
any portion of any revenue of or money received by this state, or
any account or fund balance, that by law has been dedicated to a
particular purpose or entity as available for the purpose of
certifying that the amount of appropriations for any other purpose
or entity is within the amount estimated to be available in the
affected funds. The Legislature may not by general law make an
unappropriated balance of a dedicated account or fund available for
general governmental purposes or certification except by expressly
repealing the dedication.
(d) Notwithstanding Subsection (c) of this section and only
to the extent authorized by general law, the Comptroller may
consider:
(1) for appropriations for any part of the state
fiscal year beginning September 1, 2015, not more than 37.5 percent
of the total amount of revenue of or money received by this state,
or any account or fund balance, that by law has been dedicated to a
particular purpose or entity and that, on August 31, 2015, the
Comptroller estimates to exceed the total amount of such revenues,
money, and balances appropriated by the General Appropriations Act
or other laws enacted by the 83rd Legislature, as available for the
purpose of certifying that the amount of appropriations for any
nondedicated purpose or entity is within the amount estimated to be
available in the affected funds;
(2) for appropriations for any part of the state
fiscal year beginning September 1, 2016, not more than 25 percent of
the total amount of revenue of or money received by this state, or
any account or fund balance, that by law has been dedicated to a
particular purpose or entity and that, on August 31, 2015, the
Comptroller estimates to exceed the total amount of such revenues,
money, and balances appropriated by the General Appropriations Act
or other laws enacted by the 83rd Legislature, as available for the
purpose of certifying that the amount of appropriations for any
nondedicated purpose or entity is within the amount estimated to be
available in the affected funds; and
(3) for appropriations for any part of the state
fiscal year beginning September 1, 2017, not more than 12.5 percent
of the total amount of revenue of or money received by this state,
or any account or fund balance, that by law has been dedicated to a
particular purpose or entity and that, on August 31, 2017, the
Comptroller estimates to exceed the total amount of such revenues,
money, and balances appropriated by the General Appropriations Act
or other laws enacted by the 84th Legislature, as available for the
purpose of certifying that the amount of appropriations for any
nondedicated purpose or entity is within the amount estimated to be
available in the affected funds.
(e) This subsection and Subsection (d) of this section
expire September 1, 2018.
SECTION 2. Article VIII, Texas Constitution, is amended by
adding Section 26 to read as follows:
Sec. 26. Revenue of or money received by this state from one
or more particular sources or held in or deposited to an identified
account or fund inside or outside the state treasury the
appropriation or expenditure of which at the time the revenue is
collected or the money is received by the state is dedicated by
general law to one or more particular purposes or for one or more
particular entities may not be appropriated or expended for any
purpose, or to or by any entity, other than a purpose or entity to
which the revenue or money is dedicated unless the legislature
expressly repeals the dedication.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 83rd Legislature,
Regular Session, 2013, to prohibit using revenues, other money, or
account or fund balances dedicated by law for nondedicated general
governmental purposes and to limit using that money or those
balances for certification of appropriations for nondedicated
purposes or entities.
(b) The amendment to Section 49a, Article III, of this
constitution takes effect January 1, 2015, and applies only to the
certification of an appropriation authorized for all or part of a
state fiscal year beginning on or after September 1, 2015.
(c) Section 26, Article VIII, of this constitution takes
effect September 1, 2015, and applies only to appropriations
authorized for all or part of, or expenditures during, a state
fiscal year beginning on or after that date.
(d) This temporary provision expires January 1, 2016.
SECTION 4. 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 end fee and other
revenue diversions by prohibiting using certain money dedicated by
law for nondedicated purposes or entities and to limit using that
money to certify appropriations for nondedicated purposes or
entities."