Texas 2015 - 84th Regular

Texas House Bill HB542 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R3106 MAW-D
2	2	By: Raymond H.B. No. 542
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an annual state budget and legislative budget sessions
8	8	in even-numbered years and to political contributions made during a
9	9	legislative session.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 301.001, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 301.001. TIME OF MEETING. (a) In each odd-numbered
14	14	year, the [The] legislature shall convene in regular session at 12
15	15	noon on the second Tuesday in January [of each odd-numbered year].
16	16	(b) In each even-numbered year, the legislature shall
17	17	convene in budget session at 12 noon on the third Tuesday in April.
18	18	SECTION 2. Section 316.001, Government Code, is amended to
19	19	read as follows:
20	20	Sec. 316.001. LIMIT. The rate of growth of appropriations
21	21	in a state fiscal year [biennium] from state tax revenues not
22	22	dedicated by the constitution may not exceed the estimated rate of
23	23	growth of the state's economy.
24	24	SECTION 3. Sections 316.002(a), (b), and (e), Government
25	25	Code, are amended to read as follows:
26	26	(a) Before the Legislative Budget Board submits the budget
27	27	as prescribed by Section 322.008(c), the board shall establish:
28	28	(1) the estimated rate of growth of the state's economy
29	29	from the current fiscal year [biennium] to the next fiscal year
30	30	[biennium];
31	31	(2) the level of appropriations for the current fiscal
32	32	year [biennium] from state tax revenues not dedicated by the
33	33	constitution; and
34	34	(3) the amount of state tax revenues not dedicated by
35	35	the constitution that could be appropriated for the next fiscal
36	36	year [biennium] within the limit established by the estimated rate
37	37	of growth of the state's economy.
38	38	(b) Except as provided by Subsection (c), the board shall
39	39	determine the estimated rate of growth of the state's economy by
40	40	dividing the estimated Texas total personal income for the next
41	41	fiscal year [biennium] by the estimated Texas total personal income
42	42	for the current fiscal year [biennium]. Using standard statistical
43	43	methods, the board shall make the estimate by projecting through
44	44	the fiscal year [biennium] the estimated Texas total personal
45	45	income reported by the United States Department of Commerce or its
46	46	successor in function.
47	47	(e) In the absence of an action by the Legislative Budget
48	48	Board to adopt a spending limit as provided in Subsections (a) and
49	49	(b), the estimated rate of growth in the state's economy from the
50	50	current fiscal year [biennium] to the next fiscal year [biennium]
51	51	shall be treated as if it were zero, and the amount of state tax
52	52	revenues not dedicated by the constitution that could be
53	53	appropriated within the limit established by the estimated rate of
54	54	growth in the state's economy shall be the same as the level of
55	55	appropriations for the current fiscal year [biennium].
56	56	SECTION 4. Section 316.008(a), Government Code, is amended
57	57	to read as follows:
58	58	(a) Unless the legislature adopts a resolution under
59	59	Article VIII, Section 22(b), of the Texas Constitution raising the
60	60	proposed limit on appropriations, the proposed limit is binding on
61	61	the legislature with respect to all appropriations for the next
62	62	fiscal year [biennium] made from state tax revenues not dedicated
63	63	by the constitution.
64	64	SECTION 5. Section 317.003(a), Government Code, is amended
65	65	to read as follows:
66	66	(a) The governor or Legislative Budget Board may make a
67	67	proposal at any time except during a [regular or special] session of
68	68	the legislature. A proposal may apply to an appropriation that has
69	69	been made for any specified fiscal year that has not ended at the
70	70	time the proposal is made.
71	71	SECTION 6. Sections 322.008(a), (c), and (d), Government
72	72	Code, are amended to read as follows:
73	73	(a) The director, under the direction of the board, shall
74	74	prepare the general appropriations bill for introduction at each
75	75	regular and budget [legislative] session of the legislature.
76	76	(c) Not later than the fifth day after a regular or budget
77	77	[legislative] session convenes, the director shall transmit a copy
78	78	of the budget of estimated appropriations prepared by the director
79	79	to the governor and each member of the legislature.
80	80	(d) Not later than the seventh day after a regular or budget
81	81	[legislative] session convenes, the director shall transmit a copy
82	82	of the general appropriations bill to the governor and each member
83	83	of the legislature.
84	84	SECTION 7. Chapter 322, Government Code, is amended by
85	85	adding Section 322.021 to read as follows:
86	86	Sec. 322.021. STUDY TO IMPLEMENT ANNUAL BUDGET. (a) The
87	87	board, with the assistance of the Texas Legislative Council, shall
88	88	examine the laws and operations of state government to determine
89	89	how the implementation of annual state budgets may affect those
90	90	laws and operations and shall adopt recommendations for legislative
91	91	and administrative action necessary to implement an annual budget
92	92	as effectively as practicable.
93	93	(b) The board shall make its initial recommendations under
94	94	this section not later than November 1, 2016.
95	95	SECTION 8. Section 403.121(a), Government Code, is amended
96	96	to read as follows:
97	97	(a) In the statement required by Article III, Section 49a,
98	98	of the Texas Constitution the comptroller shall list outstanding
99	99	appropriations that may exist after the end of the current fiscal
100	100	year but may not deduct them from the cash condition of the treasury
101	101	or the anticipated revenues of the next fiscal year [biennium] for
102	102	the purpose of certification. The comptroller shall base the
103	103	reports, estimates, and certifications of available funds on the
104	104	actual or estimated cash condition of the treasury and shall
105	105	consider outstanding and undisbursed appropriations at the end of
106	106	each fiscal year [biennium] as probable disbursements of the
107	107	succeeding fiscal year [biennium] in the same manner that earned
108	108	but uncollected income of a current fiscal year [biennium] is
109	109	considered in probable receipts of the succeeding fiscal year
110	110	[biennium]. The comptroller shall consider as probable
111	111	disbursements warrants that will be issued by the state before the
112	112	end of the fiscal year.
113	113	SECTION 9. The heading to Section 253.034, Election Code,
114	114	is amended to read as follows:
115	115	Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND
116	116	FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.
117	117	SECTION 10. Section 253.034, Election Code, is amended by
118	118	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
119	119	to read as follows:
120	120	(a) During the period beginning on the 30th day before the
121	121	date a regular [legislative] session of the legislature convenes
122	122	and continuing through the 20th day after the date of final
123	123	adjournment of that regular session, a person may not knowingly
124	124	make a political contribution to:
125	125	(1) a statewide officeholder;
126	126	(2) a member of the legislature; or
127	127	(3) a specific-purpose committee for supporting,
128	128	opposing, or assisting a statewide officeholder or member of the
129	129	legislature.
130	130	(a-1) During a budget session of the legislature, a person
131	131	may not knowingly make a political contribution to:
132	132	(1) the governor or lieutenant governor;
133	133	(2) a member of or a candidate for election to the
134	134	legislature; or
135	135	(3) a specific-purpose committee for supporting,
136	136	opposing, or assisting the governor, the lieutenant governor, or a
137	137	member of or a candidate for election to the legislature.
138	138	(b) A statewide officeholder, a member of or a candidate for
139	139	election to the legislature, or a specific-purpose committee for
140	140	supporting, opposing, or assisting a statewide officeholder or a
141	141	member of or candidate for election to the legislature may not
142	142	knowingly accept a political contribution, and shall refuse a
143	143	political contribution that is received, during an applicable [the]
144	144	period prescribed by Subsection (a) or (a-1). A political
145	145	contribution that is received and refused during that period shall
146	146	be returned to the contributor not later than the 30th day after the
147	147	date of receipt. A contribution made by United States mail or by
148	148	common or contract carrier is not considered received during a
149	149	[that] period if it was properly addressed and placed with postage
150	150	or carrier charges prepaid or prearranged in the mail or delivered
151	151	to the contract carrier before the beginning of the period. The
152	152	date indicated by the post office cancellation mark or the common or
153	153	contract carrier documents is considered to be the date the
154	154	contribution was placed in the mail or delivered to the common or
155	155	contract carrier unless proven otherwise.
156	156	(c) This section does not apply to a political contribution
157	157	that was made and accepted with the intent that it be used:
158	158	(1) in an election held or ordered during a [the]
159	159	period prescribed by Subsection (a) or (a-1) in which the person
160	160	accepting the contribution is a candidate if the contribution was
161	161	made after the person appointed a campaign treasurer with the
162	162	appropriate authority and before the person was sworn in for that
163	163	office;
164	164	(2) to defray expenses incurred in connection with an
165	165	election contest; or
166	166	(3) by a person who holds a state office or a member of
167	167	the legislature or by a specific-purpose political committee that
168	168	supports or assists only that person or member if the contribution
169	169	was made during the period prescribed by Subsection (a) and the
170	170	person or member was defeated at the general election held
171	171	immediately before the regular session is convened [or by a
172	172	specific-purpose political committee that supports or assists only
173	173	that person or member].
174	174	SECTION 11. The heading to Section 253.0341, Election Code,
175	175	is amended to read as follows:
176	176	Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO
177	177	LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET
178	178	[LEGISLATIVE] SESSION OF LEGISLATURE.
179	179	SECTION 12. Sections 253.0341(a) and (b), Election Code,
180	180	are amended to read as follows:
181	181	(a) During the period beginning on the 30th day before the
182	182	date a regular [legislative] session of the legislature convenes
183	183	and continuing through the 20th day after the date of final
184	184	adjournment, or at any time during a budget session of the
185	185	legislature, a person not a member of the caucus may not knowingly
186	186	make a contribution to a legislative caucus.
187	187	(b) A legislative caucus may not knowingly accept from a
188	188	nonmember a contribution, and shall refuse a contribution from a
189	189	nonmember that is received, during a [the] period prescribed by
190	190	Subsection (a). A contribution that is received and refused during
191	191	a [that] period prescribed by Subsection (a) shall be returned to
192	192	the contributor not later than the 30th day after the date of
193	193	receipt. A contribution made by United States mail or by common or
194	194	contract carrier is not considered received during a [that] period
195	195	if it was properly addressed and placed with postage or carrier
196	196	charges prepaid or prearranged in the mail or delivered to the
197	197	contract carrier before the beginning of the period. The date
198	198	indicated by the post office cancellation mark or the common or
199	199	contract carrier documents is considered to be the date the
200	200	contribution was placed in the mail or delivered to the common or
201	201	contract carrier unless proven otherwise.
202	202	SECTION 13. The changes in law made by this Act do not
203	203	affect the validity of an appropriation made before September 1,
204	204	2017, for any part of the two consecutive state fiscal years ending
205	205	August 31, 2019.
206	206	SECTION 14. (a) This Act takes effect as provided by
207	207	Subsection (b), but only if the constitutional amendment proposed
208	208	by the 84th Legislature, Regular Session, 2015, providing for an
209	209	annual state budget and annual legislative sessions for budget
210	210	purposes is approved by the voters. If that proposed
211	211	constitutional amendment is not approved by the voters, this Act
212	212	has no effect.
213	213	(b) This section and Section 7 of this Act take effect
214	214	January 1, 2016. The other sections of this Act take effect
215	215	September 1, 2017.