Texas 2017 - 85th Regular

Texas House Bill HB613 Compare Versions

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

Old	New	Differences
1	1	85R1076 CJC-D
2	2	By: Leach H.B. No. 613
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on the rate of growth of appropriations for
8	8	certain categories of spending.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 316, Government Code, is amended by
11	11	adding Subchapter A-1 to read as follows:
12	12	SUBCHAPTER A-1. ADDITIONAL LIMIT ON GROWTH OF APPROPRIATIONS FROM
13	13	STATE FUNDS
14	14	Sec. 316.0101. LIMIT. In a state fiscal biennium, the rate
15	15	of growth of appropriations from all sources of revenue other than
16	16	the federal government may not exceed a rate determined as provided
17	17	under Section 316.0102(a) for each of the following categories of
18	18	spending:
19	19	(1) transportation;
20	20	(2) public primary and secondary education;
21	21	(3) higher education;
22	22	(4) health care;
23	23	(5) public safety and corrections; and
24	24	(6) other general government.
25	25	Sec. 316.0102. DUTIES OF LEGISLATIVE BUDGET BOARD.
26	26	(a) Before the Legislative Budget Board transmits the budget as
27	27	prescribed by Section 322.008(c), the board shall establish a limit
28	28	on the rate of growth of appropriations from all sources of revenue
29	29	other than the federal government from one state fiscal biennium to
30	30	the next state fiscal biennium for each spending category described
31	31	by Section 316.0101 by subtracting one from the product of:
32	32	(1) the sum of one and the estimated rate of growth in
33	33	the population served by expenditures in that spending category
34	34	during the next state fiscal biennium; and
35	35	(2) the sum of one and the estimated rate of inflation
36	36	in a representative set of goods and services for which
37	37	appropriations are made for that spending category during the next
38	38	state fiscal biennium.
39	39	(b) The board shall estimate the rates described by
40	40	Subsection (a) based on information available from the United
41	41	States Census Bureau and the Bureau of Labor Statistics of the
42	42	United States Department of Labor.
43	43	(c) Except as provided by Subsection (d) and subject to
44	44	Subsection (g), the board shall establish the amount of
45	45	appropriations from all sources of revenue other than the federal
46	46	government available for the next state fiscal biennium for each
47	47	spending category described by Section 316.0101 by multiplying the
48	48	amount of appropriations for each spending category for the current
49	49	state fiscal biennium by the sum of one and the limit on the rate of
50	50	growth of appropriations for that spending category determined by
51	51	the board under Subsection (a).
52	52	(d) If the rate determined under Subsection (a) for any
53	53	spending category described by Section 316.0101 is a negative
54	54	number, the amount of appropriations from all sources of revenue
55	55	other than the federal government available for the next state
56	56	fiscal biennium for that spending category is the same as the amount
57	57	of those appropriations for the current state fiscal biennium.
58	58	(e) To ensure compliance with this subchapter, the board may
59	59	not transmit in any form to the governor or the legislature the
60	60	budget as prescribed by Section 322.008(c) or the general
61	61	appropriations bill as prescribed by Section 322.008(d) until the
62	62	board adopts the limit on the rate of growth of appropriations from
63	63	all sources of revenue other than the federal government for the
64	64	next state fiscal biennium for each spending category described by
65	65	Section 316.0101.
66	66	(f) In the absence of an action by the board to adopt the
67	67	limits required under Subsection (a), the amount of appropriations
68	68	from all sources of revenue other than the federal government
69	69	available for the next state fiscal biennium for each spending
70	70	category described by Section 316.0101 is the same as the amount of
71	71	those appropriations for the current state fiscal biennium.
72	72	(g) Notwithstanding any other law, for purposes of
73	73	calculations used to establish, in regard to a spending category
74	74	described by Section 316.0101, the limit on the rate of growth of
75	75	appropriations under Subsection (a) and the amount of
76	76	appropriations available for the next state fiscal biennium under
77	77	Subsection (c), if the legislature by law exempts an appropriation
78	78	from the application of this subchapter for the next state fiscal
79	79	biennium, the board shall exclude current or previous
80	80	appropriations that, as determined by the board, are of a nature
81	81	similar to the exempted appropriation as if those similar
82	82	appropriations also had been exempted by law.
83	83	Sec. 316.0103. PUBLICATION. Before the Legislative Budget
84	84	Board approves the items of information required by Section
85	85	316.0102, the board shall publish in the Texas Register the
86	86	proposed items of information and a description of the methodology
87	87	and sources used in the calculations.
88	88	Sec. 316.0104. PUBLIC HEARING. Not later than December 1 of
89	89	each even-numbered year, the Legislative Budget Board shall hold a
90	90	public hearing to solicit testimony regarding the proposed items of
91	91	information and the methodology used in making the calculations
92	92	required by Section 316.0102.
93	93	Sec. 316.0105. LIMIT ON BUDGET RECOMMENDATIONS. Unless
94	94	authorized by majority vote of the members of the Legislative
95	95	Budget Board from each house, the board's budget recommendations
96	96	relating to appropriations from all sources of revenue other than
97	97	the federal government for the next state fiscal biennium for each
98	98	spending category described by Section 316.0101 may not exceed the
99	99	amount of appropriations established for that spending category
100	100	under Section 316.0102(c).
101	101	Sec. 316.0106. INCLUSION IN BUDGET RECOMMENDATIONS. The
102	102	Legislative Budget Board shall include in its budget
103	103	recommendations, for each spending category described by Section
104	104	316.0101:
105	105	(1) the limit on the rate of growth of appropriations
106	106	from all sources of revenue other than the federal government for
107	107	that spending category for the next state fiscal biennium, as
108	108	determined under Section 316.0102(a); and
109	109	(2) the amount of appropriations from all sources of
110	110	revenue other than the federal government available for that
111	111	spending category for the next state fiscal biennium, as determined
112	112	under Section 316.0102(c).
113	113	Sec. 316.0107. EFFECT OF LIMIT; ENFORCEMENT. (a) The
114	114	proposed limit on appropriations from all sources of revenue other
115	115	than the federal government for each spending category described by
116	116	Section 316.0101 is binding on the legislature with respect to
117	117	those appropriations for the next state fiscal biennium unless the
118	118	legislature adopts a resolution raising the proposed limit that is
119	119	approved by a record vote of a majority of the members of each house
120	120	of the legislature. The resolution must find that an emergency
121	121	exists, identify the nature of the emergency, and specify the
122	122	amount authorized. The excess authorized under this subsection may
123	123	not exceed the amount specified in the resolution.
124	124	(b) The rules of the house of representatives and senate
125	125	shall provide for enforcement of Subsection (a).
126	126	SECTION 2. The changes in law made by this Act apply only,
127	127	as applicable, in relation to appropriations made for the state
128	128	fiscal biennium beginning September 1, 2019, and subsequent state
129	129	fiscal bienniums. Appropriations for the state fiscal biennium
130	130	that begins September 1, 2017, are governed by the law in effect at
131	131	the time those appropriations were made, and the former law is
132	132	continued in effect for that purpose.
133	133	SECTION 3. This Act takes effect September 1, 2017.