Texas 2015 - 84th Regular

Texas Senate Bill SB137 Compare Versions

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

Old	New	Differences
1	1	84R1121 JJT-D
2	2	By: Perry S.B. No. 137
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the maximum rate of growth of appropriations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 316.001, 316.002, 316.003, 316.004, and
10	10	316.006, Government Code, are amended to read as follows:
11	11	Sec. 316.001. APPROPRIATIONS LIMIT; RATE OF GROWTH. (a)
12	12	The amount of appropriations from the state treasury for a fiscal
13	13	biennium may not exceed the amount determined in accordance with
14	14	this subchapter.
15	15	(b) The maximum rate of growth of appropriations from the
16	16	state treasury for a fiscal biennium, as compared to the preceding
17	17	fiscal [in a] biennium, is the lesser of the following rates:
18	18	(1) [from state tax revenues not dedicated by the
19	19	constitution may not exceed] the estimated rate of growth of
20	20	personal income of this [the] state's residents; or
21	21	(2) a rate equal to the sum of:
22	22	(A) the estimated biennial rate of growth of this
23	23	state's population; and
24	24	(B) the estimated biennial rate of monetary
25	25	inflation in this state [economy].
26	26	Sec. 316.002. DUTIES OF LEGISLATIVE BUDGET BOARD.
27	27	(a) Before the Legislative Budget Board submits the budget as
28	28	prescribed by Section 322.008(c), the board shall determine
29	29	[establish]:
30	30	(1) the estimated rate of growth of personal income of
31	31	this [the] state's residents [economy] from the current fiscal
32	32	biennium to the next fiscal biennium, determined as provided by
33	33	Subsection (b);
34	34	(2) a rate equal to the sum of:
35	35	(A) the estimated biennial rate of growth of this
36	36	state's population, determined as provided by Subsection (c); and
37	37	(B) the estimated biennial rate of monetary
38	38	inflation in this state, determined as provided by Subsection (d);
39	39	(3) the amount [level] of appropriations for the
40	40	current fiscal biennium [from state tax revenues not dedicated by
41	41	the constitution]; and
42	42	(4) [(3)] the maximum permissible amount of
43	43	appropriations of revenue from the state treasury [state tax
44	44	revenues not dedicated by the constitution that could be
45	45	appropriated] for the next fiscal biennium [within the limit
46	46	established] by multiplying the total amount of appropriations for
47	47	the current fiscal biennium by the sum of one and the maximum rate
48	48	of growth of appropriations as provided by Section 316.001 [the
49	49	estimated rate of growth of the state's economy].
50	50	(b) The Legislative Budget Board [Except as provided by
51	51	Subsection (c), the board] shall determine the estimated rate of
52	52	growth of personal income of this [the] state's residents [economy]
53	53	by dividing the estimated Texas total personal income for the next
54	54	fiscal biennium by the estimated Texas total personal income for
55	55	the current fiscal biennium. Using standard statistical methods,
56	56	the board shall make the estimate by projecting through the fiscal
57	57	biennium the estimated Texas total personal income reported by the
58	58	United States Department of Commerce or its successor in function.
59	59	(c) The Legislative Budget Board shall determine the
60	60	estimated biennial rate of growth of this state's population
61	61	according to estimates provided by the state demographer. [If a
62	62	more comprehensive definition of the rate of growth of the state's
63	63	economy is developed and is approved by the committee established
64	64	by Section 316.005, the board may use that definition in
65	65	calculating the limit on appropriations.]
66	66	(d) The Legislative Budget Board shall determine the
67	67	estimated biennial rate of monetary inflation in this state based
68	68	on the estimated rate of change during the preceding fiscal
69	69	biennium of the effective consumer price index for this state.
70	70	(e) To ensure compliance with Section 22, Article VIII,
71	71	[Section 22, of the] Texas Constitution, the Legislative Budget
72	72	Board may not transmit in any form to the governor or the
73	73	legislature the budget as prescribed by Section 322.008(c) or the
74	74	general appropriations bill as prescribed by Section 322.008(d)
75	75	until the maximum permissible amount [limit on the rate of growth]
76	76	of appropriations for the next fiscal biennium has been adopted as
77	77	required by this subchapter.
78	78	(f) [(e)] In the absence of an action by the Legislative
79	79	Budget Board to adopt a maximum permissible amount of
80	80	appropriations for the next fiscal biennium [spending limit] as
81	81	provided by this section, the maximum permissible amount of
82	82	appropriations for the next fiscal biennium is [in Subsections (a)
83	83	and (b), the estimated rate of growth in the state's economy from
84	84	the current biennium to the next biennium shall be treated as if it
85	85	were zero, and the amount of state tax revenues not dedicated by the
86	86	constitution that could be appropriated within the limit
87	87	established by the estimated rate of growth in the state's economy
88	88	shall be] the same as the amount [level] of those appropriations for
89	89	the current fiscal biennium, determined under Subsection (a)(3).
90	90	Sec. 316.003. PUBLICATION. Before the Legislative Budget
91	91	Board approves the items of information required by Section
92	92	316.002, the board shall publish in the Texas Register the proposed
93	93	items of information and a description of the methodology and
94	94	sources used in the determinations [calculations].
95	95	Sec. 316.004. PUBLIC HEARING. Not later than December 1 of
96	96	each even-numbered year, the Legislative Budget Board shall hold a
97	97	public hearing to solicit testimony regarding the proposed items of
98	98	information and the methodology used in making the determinations
99	99	[calculations] required by Section 316.002.
100	100	Sec. 316.006. LIMIT ON BUDGET RECOMMENDATIONS. Unless
101	101	authorized by majority vote of the members of the board from each
102	102	house, the Legislative Budget Board budget recommendations
103	103	relating to the proposed appropriations from the state treasury for
104	104	the next fiscal biennium [of state tax revenues not dedicated by the
105	105	constitution] may not exceed the maximum permissible amount of
106	106	appropriations [limit] adopted by the committee under Section
107	107	316.005.
108	108	SECTION 2. Section 316.007(a), Government Code, is amended
109	109	to read as follows:
110	110	(a) The Legislative Budget Board shall include in its budget
111	111	recommendations the proposed maximum permissible amount [limit] of
112	112	appropriations from the state treasury for the next fiscal biennium
113	113	[from state tax revenues not dedicated by the constitution].
114	114	SECTION 3. Section 316.008(a), Government Code, is amended
115	115	to read as follows:
116	116	(a) Unless the legislature adopts a resolution under
117	117	Section 22(e), Article VIII, [Section 22(b), of the] Texas
118	118	Constitution, raising the proposed maximum permissible amount of
119	119	[limit on] appropriations for the next fiscal biennium, the
120	120	proposed maximum permissible amount [limit] is binding on the
121	121	legislature with respect to all appropriations for the next fiscal
122	122	biennium made from the state treasury [state tax revenues not
123	123	dedicated by the constitution].
124	124	SECTION 4. (a) The changes in law made by this Act apply
125	125	only in relation to appropriations made for the state fiscal
126	126	biennium beginning September 1, 2017, and subsequent state fiscal
127	127	bienniums.
128	128	(b) Appropriations for the state fiscal biennium that
129	129	begins September 1, 2015, are governed by Subchapter A, Chapter
130	130	316, Government Code, as that subchapter provided immediately
131	131	before the effective date of this Act, and the former law is
132	132	continued in effect for that purpose.
133	133	SECTION 5. This Act takes effect on the effective date of
134	134	the constitutional amendment proposed by the 84th Legislature,
135	135	Regular Session, 2015, regarding the maximum amount of
136	136	appropriations for a state fiscal biennium. If that amendment is
137	137	not approved by the voters, this Act has no effect.