Texas 2015 - 84th Regular

Texas House Bill HJR111 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R23266 JJT-D
2		-	By: Darby H.J.R. No. 111
3		-	Substitute the following for H.J.R. No. 111:
4		-	By: Otto C.S.H.J.R. No. 111
	1	+	By: Darby, Springer, Crownover, Simpson, H.J.R. No. 111
	2	+	Frank, et al.
5	3
6	4
7	5		A JOINT RESOLUTION
8		-	proposing a constitutional amendment to prohibit using revenues,
	6	+	pr
	7	+	oposing a constitutional amendment to prohibit using revenues,
9	8		other money, or account or fund balances dedicated by law for
10	9		nondedicated general governmental purposes or for certification of
11	10		appropriations for nondedicated purposes or entities.
12	11		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	12		SECTION 1. Section 49a, Article III, Texas Constitution, is
14	13		amended by adding Subsections (b-1) and (b-2) to read as follows:
15	14		(b-1) In making the determinations necessary for the
16	15		Comptroller of Public Accounts to endorse the certificate under
17	16		Subsection (b) of this section, the Comptroller may not consider
18	17		any portion of any revenue of, or money received by, this state, or
19	18		any account or fund balance, that by law has been dedicated to a
20	19		particular purpose or entity as available for the purpose of
21	20		certifying that the amount of appropriations for any other purpose
22	21		or entity is within the amount estimated to be available in the
23	22		affected funds. The Legislature may not by general law make an
24	23		unappropriated balance of a dedicated account or fund available for
25	24		general governmental purposes or certification except by expressly
26	25		repealing the dedication.
27	26		(b-2) In making the determinations necessary for the
28	27		Comptroller of Public Accounts to make the biennial estimate of
29	28		anticipated revenue under Subsection (a) of this section, the
30	29		Comptroller may not consider any portion of any revenue of, or money
31	30		received by, this state, or any account or fund balance, that by law
32	31		has been dedicated to a particular purpose or entity as available
33	32		for appropriation for any other purpose or entity.
34	33		SECTION 2. Article VIII, Texas Constitution, is amended by
35	34		adding Section 5 to read as follows:
36	35		Sec. 5. Revenue of, or money received by, this state from
37	36		one or more particular sources or held in or deposited to an
38	37		identified account or fund inside or outside the state treasury the
39	38		appropriation or expenditure of which at the time the revenue is
40	39		collected or the money is received by the state is dedicated by
41	40		general law to one or more particular purposes or for one or more
42	41		particular entities may not be appropriated or expended for any
43	42		purpose, or to or by any entity, other than a purpose or entity to
44	43		which the revenue or money is dedicated unless the legislature
45	44		expressly repeals the dedication.
46	45		SECTION 3. The following temporary provision is added to
47	46		the Texas Constitution:
48	47		TEMPORARY PROVISION. (a) This temporary provision applies
49	48		to the constitutional amendment proposed by the 84th Legislature,
50	49		Regular Session, 2015, prohibiting using revenues, other money, or
51	50		account or fund balances dedicated by law for nondedicated general
52	51		governmental purposes or for certification of appropriations for
53	52		nondedicated purposes or entities.
54	53		(b) Section 49a(b-1), Article III, of this constitution
55		-	takes effect January 1, ~~2023~~, and applies only to the certification
	54	+	takes effect January 1, 2021, and applies only to the certification
56	55		of an appropriation authorized for all or part of a state fiscal
57		-	year beginning on or after September 1, ~~2023~~.
	56	+	year beginning on or after September 1, 2021.
58	57		(c) Section 49a(b-2), Article III, of this constitution
59	58		takes effect January 1, 2016, and applies to the biennial estimate
60	59		of anticipated revenue made under Section 49a(a) of that article
61	60		for all or part of a state fiscal year beginning on or after
62	61		September 1, 2016.
63	62		(d) Section 5, Article VIII, of this constitution takes
64		-	effect September 1, ~~2023~~, and applies only to appropriations
	63	+	effect September 1, 2021, and applies only to appropriations
65	64		authorized for all or part of, or expenditures during, a state
66	65		fiscal year beginning on or after that date.
67		-	(e) This temporary provision expires January 1, ~~2024~~.
	66	+	(e) This temporary provision expires January 1, 2022.
68	67		SECTION 4. This proposed constitutional amendment shall be
69	68		submitted to the voters at an election to be held November 3, 2015.
70	69		The ballot shall be printed to permit voting for or against the
71	70		proposition: "The constitutional amendment to end fee and other
72	71		revenue diversions by prohibiting using certain money dedicated by
73	72		law for nondedicated purposes or entities and to prohibit using
74	73		that money to certify appropriations for nondedicated purposes or
75	74		entities."