| 1 | 1 | | 84R13653 CJC-D |
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| 2 | 2 | | By: Schofield H.J.R. No. 121 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment concerning the limitation on |
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| 7 | 7 | | the rate of growth in appropriations. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 22, Article VIII, Texas Constitution, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 22. (a) In no biennium shall the rate of growth of |
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| 12 | 12 | | appropriations subject to certification by the comptroller of |
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| 13 | 13 | | public accounts under Section 49a(b), Article III, of this |
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| 14 | 14 | | constitution, [from state tax revenues not dedicated by this |
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| 15 | 15 | | constitution] exceed a rate equal to the sum of the rates [estimated |
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| 16 | 16 | | rate] of increase or decrease, during the biennium preceding the |
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| 17 | 17 | | biennium for which the appropriations are made, [growth] of: |
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| 18 | 18 | | (1) the state's population; and |
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| 19 | 19 | | (2) inflation or deflation in this state [economy]. |
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| 20 | 20 | | (b) Notwithstanding Subsection (a) of this section, an |
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| 21 | 21 | | appropriation to pay for a rebate of state taxes must be excluded |
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| 22 | 22 | | from computations used to determine whether appropriations exceed |
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| 23 | 23 | | the amount authorized by that subsection. |
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| 24 | 24 | | (c) The rates described by Subsection (a) of this section |
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| 25 | 25 | | shall be determined in the manner provided by general law. If the |
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| 26 | 26 | | sum of those rates is a negative number, appropriations for the |
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| 27 | 27 | | biennium that are subject to certification by the comptroller of |
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| 28 | 28 | | public accounts under Section 49a(b), Article III, of this |
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| 29 | 29 | | constitution, may not exceed the appropriations from those sources |
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| 30 | 30 | | in the current state fiscal biennium. |
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| 31 | 31 | | (d) In this section, the rate of change of appropriations |
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| 32 | 32 | | that are subject to certification by the comptroller of public |
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| 33 | 33 | | accounts under Section 49a(b), Article III, of this constitution, |
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| 34 | 34 | | is the percentage difference between: |
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| 35 | 35 | | (1) the amount of money appropriated for the current |
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| 36 | 36 | | biennium from those sources as estimated in the manner prescribed |
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| 37 | 37 | | by law at or near the time the legislature convenes in regular |
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| 38 | 38 | | session during the current biennium; and |
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| 39 | 39 | | (2) the amount of money appropriated for the next |
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| 40 | 40 | | biennium from those sources as finally estimated by the comptroller |
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| 41 | 41 | | at the times the Acts making appropriations are considered by the |
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| 42 | 42 | | comptroller under Section 49a, Article III, of this constitution. |
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| 43 | 43 | | (e) The legislature shall provide by general law procedures |
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| 44 | 44 | | to implement Subsections (a), (b), (c), and (d) of this section |
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| 45 | 45 | | [subsection]. |
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| 46 | 46 | | (f) [(b)] If the legislature by adoption of a resolution |
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| 47 | 47 | | approved by a record vote of three-fifths [a majority] of the |
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| 48 | 48 | | members of each house finds that an emergency exists and identifies |
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| 49 | 49 | | the nature of the emergency, the legislature may provide for |
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| 50 | 50 | | appropriations in excess of the amount authorized by Subsection (a) |
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| 51 | 51 | | of this section. The excess authorized under this subsection may |
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| 52 | 52 | | not exceed the amount specified in the resolution. |
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| 53 | 53 | | (g) [(c)] In no case shall appropriations exceed revenues |
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| 54 | 54 | | as provided in Section 49a, Article III, [Section 49a,] of this |
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| 55 | 55 | | constitution. Nothing in this section shall be construed to alter, |
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| 56 | 56 | | amend, or repeal Section 49a, Article III, [Section 49a,] of this |
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| 57 | 57 | | constitution. |
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| 58 | 58 | | SECTION 2. This proposed constitutional amendment shall be |
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| 59 | 59 | | submitted to the voters at an election to be held November 3, 2015. |
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| 60 | 60 | | The ballot shall be printed to permit voting for or against the |
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| 61 | 61 | | proposition: "The constitutional amendment concerning the |
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| 62 | 62 | | limitation on the rate of growth in appropriations." |
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