1 | 1 | | 84R6106 KLA-D |
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2 | 2 | | By: Larson H.J.R. No. 130 |
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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 to limit state debt. |
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7 | 7 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 49(e), Article III, Texas Constitution, |
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9 | 9 | | is amended to read as follows: |
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10 | 10 | | (e) The legislature, by at least a two-thirds vote of the |
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11 | 11 | | members elected to each house, may enact all laws necessary or |
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12 | 12 | | appropriate to implement the authority granted by a proposition |
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13 | 13 | | that is approved as provided by Subsection (b) of this section. A |
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14 | 14 | | law enacted in anticipation of the election is valid if, by its |
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15 | 15 | | terms, it is subject to the approval of the related proposition. |
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16 | 16 | | SECTION 2. Section 49a, Article III, Texas Constitution, is |
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17 | 17 | | amended by adding Subsections (f) and (g) to read as follows: |
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18 | 18 | | (f) This subsection applies only to the certification of a |
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19 | 19 | | general appropriations bill for a state fiscal biennium and only if |
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20 | 20 | | the amount of state debt on the first day of the state fiscal |
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21 | 21 | | biennium for which the bill appropriates money is estimated to |
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22 | 22 | | exceed an amount equal to 10 percent of the modified biennial |
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23 | 23 | | general revenue estimate for that state fiscal biennium. In |
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24 | 24 | | addition to the certification required by Subsection (b) of this |
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25 | 25 | | section, the general appropriations bill for a state fiscal |
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26 | 26 | | biennium is not considered as passed and may not be sent to the |
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27 | 27 | | Governor for consideration until the Comptroller of Public Accounts |
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28 | 28 | | endorses the Comptroller's certificate on the bill showing that the |
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29 | 29 | | amount appropriated by the bill for the repayment of state debt |
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30 | 30 | | during that state fiscal biennium is anticipated to result in a |
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31 | 31 | | total amount of state debt on the last day of the state fiscal |
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32 | 32 | | biennium, including any state debt issued, obtained, or entered |
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33 | 33 | | into by this state during that biennium, that is at least 5 percent |
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34 | 34 | | less than the total amount of that state debt on the first day of |
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35 | 35 | | that state fiscal biennium. In this subsection: |
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36 | 36 | | (1) "Modified biennial general revenue estimate" |
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37 | 37 | | means the amount of revenue stated in the Comptroller's estimate |
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38 | 38 | | provided in advance of the regular legislative session as required |
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39 | 39 | | by Subsection (a) of this section that, based on the laws in effect |
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40 | 40 | | at the time the estimate is made, is anticipated to be received by |
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41 | 41 | | and for the state and deposited to the credit of the general revenue |
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42 | 42 | | fund, as that estimate is modified by probable changes to that |
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43 | 43 | | anticipated revenue as shown in any supplemental statements |
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44 | 44 | | submitted in accordance with Subsection (a) of this section. |
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45 | 45 | | (2) "State debt" means the combined total of the |
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46 | 46 | | amounts of bonds or notes, excluding revenue bonds or notes, loans, |
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47 | 47 | | other public securities, bond enhancement agreements, refunding |
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48 | 48 | | obligations, or other debt issued, obtained, or entered into, as |
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49 | 49 | | applicable, by this state and any accrued interest on that debt. |
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50 | 50 | | (g) If the Comptroller of Public Accounts finds that the |
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51 | 51 | | Comptroller cannot make the certification required by Subsection |
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52 | 52 | | (f) of this section, the Comptroller shall endorse the finding on |
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53 | 53 | | the bill and return the bill to the House in which the bill |
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54 | 54 | | originated. The finding immediately shall be made known to the |
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55 | 55 | | House of Representatives and the Senate and the necessary steps |
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56 | 56 | | shall be taken to appropriate an amount of money for the repayment |
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57 | 57 | | of state debt, as defined by Subsection (f) of this section, that |
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58 | 58 | | will allow the Comptroller to make the certification required by |
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59 | 59 | | that subsection. |
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60 | 60 | | SECTION 3. The following temporary provision is added to |
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61 | 61 | | the Texas Constitution: |
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62 | 62 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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63 | 63 | | to the constitutional amendment proposed by the 84th Legislature, |
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64 | 64 | | Regular Session, 2015, to limit state debt by requiring |
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65 | 65 | | appropriations to reduce existing state debt to less than a |
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66 | 66 | | specified portion of state revenue and by requiring a two-thirds |
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67 | 67 | | vote of the legislature to authorize additional state debt. |
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68 | 68 | | (b) The amendment to Section 49(e), Article III, of this |
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69 | 69 | | constitution applies only to the enactment of a law or an amendment |
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70 | 70 | | to a law by the legislature on or after January 1, 2016. |
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71 | 71 | | (c) This temporary provision expires January 1, 2017. |
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72 | 72 | | SECTION 4. This proposed constitutional amendment shall be |
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73 | 73 | | submitted to the voters at an election to be held November 3, 2015. |
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74 | 74 | | The ballot shall be printed to provide for voting for or against the |
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75 | 75 | | proposition: "The constitutional amendment to limit state debt by |
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76 | 76 | | requiring appropriations to reduce existing state debt to less than |
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77 | 77 | | a specified portion of state revenue and by requiring a two-thirds |
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78 | 78 | | vote of the legislature to authorize additional state debt." |
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