Texas 2015 - 84th Regular

Texas House Bill HJR130 Compare Versions

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11 84R6106 KLA-D
22 By: Larson H.J.R. No. 130
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment to limit state debt.
77 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 49(e), Article III, Texas Constitution,
99 is amended to read as follows:
1010 (e) The legislature, by at least a two-thirds vote of the
1111 members elected to each house, may enact all laws necessary or
1212 appropriate to implement the authority granted by a proposition
1313 that is approved as provided by Subsection (b) of this section. A
1414 law enacted in anticipation of the election is valid if, by its
1515 terms, it is subject to the approval of the related proposition.
1616 SECTION 2. Section 49a, Article III, Texas Constitution, is
1717 amended by adding Subsections (f) and (g) to read as follows:
1818 (f) This subsection applies only to the certification of a
1919 general appropriations bill for a state fiscal biennium and only if
2020 the amount of state debt on the first day of the state fiscal
2121 biennium for which the bill appropriates money is estimated to
2222 exceed an amount equal to 10 percent of the modified biennial
2323 general revenue estimate for that state fiscal biennium. In
2424 addition to the certification required by Subsection (b) of this
2525 section, the general appropriations bill for a state fiscal
2626 biennium is not considered as passed and may not be sent to the
2727 Governor for consideration until the Comptroller of Public Accounts
2828 endorses the Comptroller's certificate on the bill showing that the
2929 amount appropriated by the bill for the repayment of state debt
3030 during that state fiscal biennium is anticipated to result in a
3131 total amount of state debt on the last day of the state fiscal
3232 biennium, including any state debt issued, obtained, or entered
3333 into by this state during that biennium, that is at least 5 percent
3434 less than the total amount of that state debt on the first day of
3535 that state fiscal biennium. In this subsection:
3636 (1) "Modified biennial general revenue estimate"
3737 means the amount of revenue stated in the Comptroller's estimate
3838 provided in advance of the regular legislative session as required
3939 by Subsection (a) of this section that, based on the laws in effect
4040 at the time the estimate is made, is anticipated to be received by
4141 and for the state and deposited to the credit of the general revenue
4242 fund, as that estimate is modified by probable changes to that
4343 anticipated revenue as shown in any supplemental statements
4444 submitted in accordance with Subsection (a) of this section.
4545 (2) "State debt" means the combined total of the
4646 amounts of bonds or notes, excluding revenue bonds or notes, loans,
4747 other public securities, bond enhancement agreements, refunding
4848 obligations, or other debt issued, obtained, or entered into, as
4949 applicable, by this state and any accrued interest on that debt.
5050 (g) If the Comptroller of Public Accounts finds that the
5151 Comptroller cannot make the certification required by Subsection
5252 (f) of this section, the Comptroller shall endorse the finding on
5353 the bill and return the bill to the House in which the bill
5454 originated. The finding immediately shall be made known to the
5555 House of Representatives and the Senate and the necessary steps
5656 shall be taken to appropriate an amount of money for the repayment
5757 of state debt, as defined by Subsection (f) of this section, that
5858 will allow the Comptroller to make the certification required by
5959 that subsection.
6060 SECTION 3. The following temporary provision is added to
6161 the Texas Constitution:
6262 TEMPORARY PROVISION. (a) This temporary provision applies
6363 to the constitutional amendment proposed by the 84th Legislature,
6464 Regular Session, 2015, to limit state debt by requiring
6565 appropriations to reduce existing state debt to less than a
6666 specified portion of state revenue and by requiring a two-thirds
6767 vote of the legislature to authorize additional state debt.
6868 (b) The amendment to Section 49(e), Article III, of this
6969 constitution applies only to the enactment of a law or an amendment
7070 to a law by the legislature on or after January 1, 2016.
7171 (c) This temporary provision expires January 1, 2017.
7272 SECTION 4. This proposed constitutional amendment shall be
7373 submitted to the voters at an election to be held November 3, 2015.
7474 The ballot shall be printed to provide for voting for or against the
7575 proposition: "The constitutional amendment to limit state debt by
7676 requiring appropriations to reduce existing state debt to less than
7777 a specified portion of state revenue and by requiring a two-thirds
7878 vote of the legislature to authorize additional state debt."