Texas 2015 - 84th Regular

Texas House Bill HJR45 Compare Versions

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

Old	New	Differences
1	1	84R1008 CJC-D
2	2	By: Leach H.J.R. No. 45
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment concerning the limitation on
7	7	the rate of growth in appropriations and the use of unencumbered
8	8	surplus state revenues to provide for a rebate of state franchise
9	9	taxes, to reduce public school district property taxes, and to fund
10	10	the state's rainy day fund.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22, Article VIII, Texas Constitution, is
13	13	amended to read as follows:
14	14	Sec. 22. (a) In no biennium shall the rate of growth of
15	15	appropriations from all sources of revenue other than the federal
16	16	government [state tax revenues not dedicated by this constitution]
17	17	exceed a rate equal to the sum of the estimated rates [rate] of
18	18	increase or decrease, during the biennium preceding the biennium
19	19	for which the appropriations are made, [growth] of:
20	20	(1) the state's population; and
21	21	(2) inflation or deflation in this state [economy].
22	22	(b) The rates described by Subsection (a) of this section
23	23	shall be estimated in the manner provided by general law. If the
24	24	sum of those estimated rates is a negative number, appropriations
25	25	for the biennium from all sources of revenue other than the federal
26	26	government must decrease by a rate at least equal to the additive
27	27	inverse of the sum of those estimated rates.
28	28	(c) In this section, the rate of change of appropriations
29	29	from all sources of revenue other than the federal government is the
30	30	percentage difference between:
31	31	(1) the amount of money appropriated for the current
32	32	biennium from those sources as estimated in the manner prescribed
33	33	by law at or near the time the legislature convenes in regular
34	34	session during the current biennium; and
35	35	(2) the amount of money appropriated for the next
36	36	biennium from those sources as finally estimated by the comptroller
37	37	at the times the Acts making appropriations are considered by the
38	38	comptroller under Article III, Section 49a, of this constitution.
39	39	(d) The legislature shall provide by general law procedures
40	40	to implement Subsections (a), (b), and (c) of this section
41	41	[subsection].
42	42	(e) [(b)] If the legislature by adoption of a resolution
43	43	approved by a record vote of a majority of the members of each house
44	44	finds that an emergency exists and identifies the nature of the
45	45	emergency, the legislature may provide for appropriations in excess
46	46	of the amount authorized by Subsection (a) of this section. The
47	47	excess authorized under this subsection may not exceed the amount
48	48	specified in the resolution.
49	49	(f) [(c)] In no case shall appropriations exceed revenues
50	50	as provided in Article III, Section 49a, of this constitution.
51	51	Nothing in this section shall be construed to alter, amend, or
52	52	repeal Article III, Section 49a, of this constitution.
53	53	SECTION 2. Subsection (b), Section 49-g, Article III, Texas
54	54	Constitution, is amended to read as follows:
55	55	(b) The comptroller shall, not later than the 90th day of
56	56	each biennium, transfer to the economic stabilization fund
57	57	one-third [one-half] of any unencumbered positive balance of
58	58	general revenues on the last day of the preceding biennium. If
59	59	necessary, the comptroller shall reduce the amount transferred in
60	60	proportion to the other amounts prescribed by this section to
61	61	prevent the amount in the fund from exceeding the limit in effect
62	62	for that biennium under Subsection (g) of this section. For
63	63	purposes of this subsection, general revenues are considered
64	64	encumbered on the last day of a biennium only to the extent that
65	65	general revenues are subject to payment for particular identifiable
66	66	and legally enforceable obligations of this state that were
67	67	incurred on or before that day and intended to be paid out of
68	68	appropriations for that biennium.
69	69	SECTION 3. Article III, Texas Constitution, is amended by
70	70	adding Section 49-g-1 to read as follows:
71	71	Sec. 49-g-1. (a) Not later than the 90th day of each state
72	72	fiscal biennium, the comptroller shall ascertain the amount of the
73	73	unencumbered positive balance of general revenues on the last day
74	74	of the preceding state fiscal biennium that remains after the
75	75	transfer of revenues to the economic stabilization fund under
76	76	Subsection (b), Section 49-g, Article III, of this constitution.
77	77	For purposes of this subsection, general revenues are considered
78	78	encumbered on the last day of a state fiscal biennium only to the
79	79	extent that general revenues are subject to payment for particular
80	80	identifiable and legally enforceable obligations of this state that
81	81	were incurred on or before that day and intended to be paid out of
82	82	appropriations for that state fiscal biennium.
83	83	(b) The legislature by general law shall provide a procedure
84	84	by which the comptroller shall issue to payers of this state's
85	85	franchise tax a rebate of franchise taxes paid during the preceding
86	86	state fiscal biennium so that:
87	87	(1) the total amount of rebates issued equals the
88	88	lesser of one-half of the amount of the remaining unencumbered
89	89	positive balance of general revenues ascertained under Subsection
90	90	(a) of this section or the total amount of state franchise taxes
91	91	collected during that preceding state fiscal biennium; and
92	92	(2) each payer of the franchise tax during that
93	93	preceding state fiscal biennium receives a share of the total
94	94	amount of rebates issued that is directly proportionate to the
95	95	share that the amount of that taxpayer's franchise taxes paid
96	96	during that preceding state fiscal biennium bears to the total
97	97	amount of franchise taxes collected during that preceding state
98	98	fiscal biennium.
99	99	(c) Not later than the 91st day of each state fiscal
100	100	biennium, the comptroller shall transfer to the property tax relief
101	101	fund established by general law one-half of the amount of the
102	102	unencumbered positive balance of general revenues ascertained
103	103	under Subsection (a) of this section to be used for reducing public
104	104	school district property taxes as provided by general law.
105	105	SECTION 4. This proposed constitutional amendment shall be
106	106	submitted to the voters at an election to be held November 3, 2015.
107	107	The ballot shall be printed to permit voting for or against the
108	108	proposition: "The constitutional amendment concerning the
109	109	limitation on the rate of growth in appropriations and the use of
110	110	unencumbered surplus state revenues to provide for a rebate of
111	111	state franchise taxes, to reduce public school district property
112	112	taxes, and to fund the state's rainy day fund."