1 | 1 | | 84R1234 JJT-F |
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2 | 2 | | By: Perry S.J.R. No. 11 |
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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 regarding the maximum amount |
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7 | 7 | | of appropriations for a state fiscal biennium. |
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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) The amount [In no biennium shall the rate of |
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12 | 12 | | growth] of appropriations from the state treasury for a fiscal |
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13 | 13 | | biennium may not [tax revenues not dedicated by this constitution] |
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14 | 14 | | exceed the maximum amount determined in accordance with Subsection |
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15 | 15 | | (c) of this section and general law [estimated rate of growth of the |
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16 | 16 | | state's economy]. |
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17 | 17 | | (b) The maximum rate of growth of appropriations from the |
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18 | 18 | | state treasury for a fiscal biennium, as compared to the preceding |
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19 | 19 | | fiscal biennium, is the lesser of: |
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20 | 20 | | (1) a rate equal to the sum of: |
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21 | 21 | | (A) the estimated rate of growth of this state's |
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22 | 22 | | population; and |
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23 | 23 | | (B) the estimated rate of monetary inflation in |
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24 | 24 | | this state; or |
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25 | 25 | | (2) the estimated rate of growth of personal income of |
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26 | 26 | | this state's residents. |
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27 | 27 | | (c) The amount of permissible appropriations may not exceed |
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28 | 28 | | an amount determined by multiplying the amount of appropriations |
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29 | 29 | | for the then-current fiscal biennium by the sum of one plus the |
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30 | 30 | | maximum rate of growth determined under Subsection (b) of this |
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31 | 31 | | section. |
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32 | 32 | | (d) The legislature shall provide by general law procedures |
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33 | 33 | | to implement this section [subsection]. |
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34 | 34 | | (e) [(b)] If the legislature, by adoption on a record vote |
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35 | 35 | | of a resolution approved by two-thirds [a record vote of a majority] |
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36 | 36 | | of the members of each house, finds that an emergency exists and |
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37 | 37 | | identifies the nature of the emergency, the legislature may provide |
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38 | 38 | | for appropriations in excess of the maximum permissible amount of |
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39 | 39 | | appropriations authorized under [by] Subsection (c) [(a)] of this |
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40 | 40 | | section. The total of the excess appropriations authorized by |
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41 | 41 | | resolutions approved under this subsection may not exceed the total |
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42 | 42 | | of the amounts [amount] specified in those resolutions [the |
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43 | 43 | | resolution]. |
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44 | 44 | | (f) [(c)] In no case shall appropriations exceed revenues |
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45 | 45 | | as provided in Article III, Section 49a, of this constitution. |
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46 | 46 | | Nothing in this section shall be construed to alter, amend, or |
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47 | 47 | | repeal Article III, Section 49a, of this constitution. |
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48 | 48 | | SECTION 2. Section 49a, Article III, Texas Constitution, is |
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49 | 49 | | amended by adding Subsections (c) and (d) to read as follows: |
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50 | 50 | | (c) A bill containing an appropriation may not be considered |
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51 | 51 | | as passed and may not be sent to the Governor for consideration |
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52 | 52 | | until the Comptroller of Public Accounts endorses on the bill the |
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53 | 53 | | Comptroller's certificate showing that the amount appropriated |
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54 | 54 | | does not exceed the maximum amount of permissible appropriations |
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55 | 55 | | for that fiscal biennium authorized under Section 22, Article VIII, |
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56 | 56 | | of this constitution. |
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57 | 57 | | (d) When the Comptroller of Public Accounts finds that a |
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58 | 58 | | bill containing an appropriation exceeds the maximum amount of |
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59 | 59 | | permissible appropriations for that fiscal biennium authorized |
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60 | 60 | | under Section 22, Article VIII, of this constitution, the |
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61 | 61 | | Comptroller shall: |
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62 | 62 | | (1) endorse on the bill that finding; |
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63 | 63 | | (2) return the bill to the House in which it |
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64 | 64 | | originated; and |
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65 | 65 | | (3) notify immediately the House of Representatives |
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66 | 66 | | and the Senate of the finding. |
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67 | 67 | | SECTION 3. The following temporary provision is added to |
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68 | 68 | | the Texas Constitution: |
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69 | 69 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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70 | 70 | | to the amendments to Section 49a, Article III, of this constitution |
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71 | 71 | | and Section 22, Article VIII, of this constitution, as proposed by |
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72 | 72 | | the 84th Legislature, Regular Session, 2015, regarding the maximum |
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73 | 73 | | amount of appropriations for a state fiscal biennium. |
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74 | 74 | | (b) Sections 49a(c) and (d), Article III, of this |
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75 | 75 | | constitution apply only in relation to bills containing |
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76 | 76 | | appropriations for the state fiscal biennium beginning September 1, |
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77 | 77 | | 2017, and subsequent state fiscal bienniums. |
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78 | 78 | | (c) Section 22, Article VIII, of this constitution, as |
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79 | 79 | | amended, applies only in relation to appropriations made for the |
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80 | 80 | | state fiscal biennium beginning September 1, 2017, and subsequent |
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81 | 81 | | state fiscal bienniums. Appropriations for the state fiscal |
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82 | 82 | | biennium that began September 1, 2015, are governed by Section 22, |
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83 | 83 | | Article VIII, of this constitution as that section provided |
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84 | 84 | | immediately before the amendment of that section was approved by |
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85 | 85 | | the voters. |
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86 | 86 | | (d) This temporary provision expires December 1, 2017. |
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87 | 87 | | SECTION 4. (a) This proposed constitutional amendment |
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88 | 88 | | shall be submitted to the voters at an election to be held November |
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89 | 89 | | 3, 2015. |
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90 | 90 | | (b) The ballot shall be printed to permit voting for or |
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91 | 91 | | against the proposition: "The constitutional amendment regarding |
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92 | 92 | | the maximum amount of appropriations for a state fiscal biennium." |
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