Texas 2017 - 85th Regular

Texas House Bill HB892 Compare Versions

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

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1	1	85R1819 MAW-D
2	2	By: Raymond H.B. No. 892
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an annual state budget and legislative budget sessions
8	8	in even-numbered years and to political contributions made during a
9	9	legislative session.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 301.001, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 301.001. TIME OF MEETING. (a) In each odd-numbered
14	14	year, the [The] legislature shall convene in regular session at 12
15	15	noon on the second Tuesday in January [of each odd-numbered year].
16	16	(b) In each even-numbered year, the legislature shall
17	17	convene in budget session at 12 noon on the third Tuesday in April.
18	18	SECTION 2. Section 316.001, Government Code, is amended to
19	19	read as follows:
20	20	Sec. 316.001. LIMIT. The rate of growth of appropriations
21	21	in a state fiscal year [biennium] from state tax revenues not
22	22	dedicated by the constitution may not exceed the estimated rate of
23	23	growth of the state's economy.
24	24	SECTION 3. Sections 316.002(a), (b), and (e), Government
25	25	Code, are amended to read as follows:
26	26	(a) Before the Legislative Budget Board submits the budget
27	27	as prescribed by Section 322.008(c), the board shall establish:
28	28	(1) the estimated rate of growth of the state's economy
29	29	from the current fiscal year [biennium] to the next fiscal year
30	30	[biennium];
31	31	(2) the level of appropriations for the current fiscal
32	32	year [biennium] from state tax revenues not dedicated by the
33	33	constitution; and
34	34	(3) the amount of state tax revenues not dedicated by
35	35	the constitution that could be appropriated for the next fiscal
36	36	year [biennium] within the limit established by the estimated rate
37	37	of growth of the state's economy.
38	38	(b) Except as provided by Subsection (c), the board shall
39	39	determine the estimated rate of growth of the state's economy by
40	40	dividing the estimated Texas total personal income for the next
41	41	fiscal year [biennium] by the estimated Texas total personal income
42	42	for the current fiscal year [biennium]. Using standard statistical
43	43	methods, the board shall make the estimate by projecting through
44	44	the fiscal year [biennium] the estimated Texas total personal
45	45	income reported by the United States Department of Commerce or its
46	46	successor in function.
47	47	(e) In the absence of an action by the Legislative Budget
48	48	Board to adopt a spending limit as provided in Subsections (a) and
49	49	(b), the estimated rate of growth in the state's economy from the
50	50	current fiscal year [biennium] to the next fiscal year [biennium]
51	51	shall be treated as if it were zero, and the amount of state tax
52	52	revenues not dedicated by the constitution that could be
53	53	appropriated within the limit established by the estimated rate of
54	54	growth in the state's economy shall be the same as the level of
55	55	appropriations for the current fiscal year [biennium].
56	56	SECTION 4. Section 316.008(a), Government Code, is amended
57	57	to read as follows:
58	58	(a) Unless the legislature adopts a resolution under
59	59	Article VIII, Section 22(b), of the Texas Constitution raising the
60	60	proposed limit on appropriations, the proposed limit is binding on
61	61	the legislature with respect to all appropriations for the next
62	62	fiscal year [biennium] made from state tax revenues not dedicated
63	63	by the constitution.
64	64	SECTION 5. Section 316.045, Government Code, is amended to
65	65	read as follows:
66	66	Sec. 316.045. REDUCTION IN CERTAIN AGENCY FEES. (a) Each
67	67	state agency that sets the fees charged by that agency in amounts
68	68	that are reasonable and necessary to cover the administrative costs
69	69	of the agency shall review the amounts charged as fees on an annual
70	70	[a biennial] basis. The agency shall review the fees before the
71	71	beginning of each state fiscal year [biennium] and incorporate its
72	72	recommendations based on that review in its budget request
73	73	submitted to the Legislative Budget Board and the budget division
74	74	of the governor's office.
75	75	(b) If the agency determines that the fees are set at a level
76	76	that exceeds the administrative costs of the agency as of the date
77	77	of the review, the agency shall reduce the amount of the affected
78	78	fees to the appropriate level and shall charge the reduced fees
79	79	during the subsequent fiscal year [biennium]. Each agency shall
80	80	give specific recognition to reductions in salary expenses
81	81	resulting from statutorily directed employee attrition.
82	82	SECTION 6. Sections 316.092(b), (c), and (d), Government
83	83	Code, are amended to read as follows:
84	84	(b) For the purposes of Section 49-g(c-2), Article III,
85	85	Texas Constitution, not later than December 1 of each
86	86	[even-numbered] year preceding the year in which this section
87	87	expires as provided by Subsection (e), the select committee shall
88	88	determine and adopt for the next state fiscal year [biennium] a
89	89	sufficient balance of the fund in an amount that the committee
90	90	estimates will ensure an appropriate amount of revenue available in
91	91	the fund. In determining the sufficient balance for that fiscal
92	92	year [biennium], the committee shall consider:
93	93	(1) the history of fund balances;
94	94	(2) the history of transfers to the fund;
95	95	(3) estimated fund balances during that fiscal year
96	96	[biennium];
97	97	(4) estimated transfers to the fund to occur during
98	98	that fiscal year [biennium];
99	99	(5) information available to the committee regarding
100	100	state highway congestion and funding demands; and
101	101	(6) any other information requested by the committee
102	102	regarding the state's financial condition.
103	103	(c) On or before October 1 of each [even-numbered] year
104	104	preceding the year in which this section expires as provided by
105	105	Subsection (e), the comptroller shall provide to the select
106	106	committee the comptroller's projection of the amounts to be
107	107	transferred to the fund during the next state fiscal year
108	108	[biennium].
109	109	(d) When the select committee has adopted under Subsection
110	110	(b) the amount of the sufficient balance of the fund for a state
111	111	fiscal year [biennium], the matter of approving that amount shall
112	112	be presented to each house of the legislature in a concurrent
113	113	resolution during the next succeeding [regular] legislative
114	114	session, other than a special session of the legislature. The
115	115	resolution must be presented for a vote in each house of the
116	116	legislature not later than the 30th day of that legislative
117	117	session, must be approved by a vote of a majority of the members of
118	118	each house, and must be finally approved by each house not later
119	119	than the 45th day of that legislative session. If a resolution
120	120	finally approved under this subsection is amended during the
121	121	legislative process to provide for a different sufficient balance
122	122	of the fund than that adopted under Subsection (b), that different
123	123	balance is the sufficient balance adopted under this section for
124	124	purposes of Section 316.093. If a resolution finally approved
125	125	under this subsection does not provide for a different sufficient
126	126	balance of the fund or if a resolution is not finally approved as
127	127	provided by this subsection, the sufficient balance adopted under
128	128	Subsection (b) is the sufficient balance adopted under this section
129	129	for purposes of Section 316.093.
130	130	SECTION 7. Sections 316.093(c) and (e), Government Code,
131	131	are amended to read as follows:
132	132	(c) If under Section 316.092 a sufficient balance has not
133	133	been adopted for the comptroller to consider under this section,
134	134	the comptroller shall adjust the allocation of amounts to be
135	135	transferred to the fund and to the state highway fund provided by
136	136	Section 49-g(c), Article III, Texas Constitution, so that the total
137	137	of those amounts is transferred to the economic stabilization fund,
138	138	except that the comptroller shall reduce a transfer made under this
139	139	subsection as necessary to prevent the amount in the fund from
140	140	exceeding the limit in effect for that fiscal year [biennium] under
141	141	Section 49-g(g) of that article.
142	142	(e) For the purposes of Section 49-g(c-2), Article III,
143	143	Texas Constitution, the comptroller shall adjust the allocation
144	144	provided by Section 49-g(c-1) of that article of amounts to be
145	145	transferred to the fund and to the state highway fund under Section
146	146	49-g(c) of that article in a state fiscal year beginning on or after
147	147	September 1, 2025, so that the total of those amounts is transferred
148	148	to the economic stabilization fund, except that the comptroller
149	149	shall reduce a transfer made under this subsection as necessary to
150	150	prevent the amount in the fund from exceeding the limit in effect
151	151	for that fiscal year [biennium] under Section 49-g(g) of that
152	152	article.
153	153	SECTION 8. Section 317.003(a), Government Code, is amended
154	154	to read as follows:
155	155	(a) The governor or Legislative Budget Board may make a
156	156	proposal at any time except during a [regular or special] session of
157	157	the legislature. A proposal may apply to an appropriation that has
158	158	been made for any specified fiscal year that has not ended at the
159	159	time the proposal is made.
160	160	SECTION 9. Sections 322.008(a), (c), and (d), Government
161	161	Code, are amended to read as follows:
162	162	(a) The director, under the direction of the board, shall
163	163	prepare the general appropriations bill for introduction at each
164	164	regular and budget [legislative] session of the legislature.
165	165	(c) Not later than the fifth day after a regular or budget
166	166	[legislative] session convenes, the director shall transmit a copy
167	167	of the budget of estimated appropriations prepared by the director
168	168	to the governor and each member of the legislature.
169	169	(d) Not later than the seventh day after a regular or budget
170	170	[legislative] session convenes, the director shall transmit a copy
171	171	of the general appropriations bill to the governor and each member
172	172	of the legislature.
173	173	SECTION 10. Chapter 322, Government Code, is amended by
174	174	adding Section 322.021 to read as follows:
175	175	Sec. 322.021. STUDY TO IMPLEMENT ANNUAL BUDGET. (a) The
176	176	board, with the assistance of the Texas Legislative Council, shall
177	177	examine the laws and operations of state government to determine
178	178	how the implementation of annual state budgets may affect those
179	179	laws and operations and shall adopt recommendations for legislative
180	180	and administrative action necessary to implement an annual budget
181	181	as effectively as practicable.
182	182	(b) The board shall make its initial recommendations under
183	183	this section not later than November 1, 2018.
184	184	SECTION 11. Section 403.121(a), Government Code, is amended
185	185	to read as follows:
186	186	(a) In the statement required by Article III, Section 49a,
187	187	of the Texas Constitution the comptroller shall list outstanding
188	188	appropriations that may exist after the end of the current fiscal
189	189	year but may not deduct them from the cash condition of the treasury
190	190	or the anticipated revenues of the next fiscal year [biennium] for
191	191	the purpose of certification. The comptroller shall base the
192	192	reports, estimates, and certifications of available funds on the
193	193	actual or estimated cash condition of the treasury and shall
194	194	consider outstanding and undisbursed appropriations at the end of
195	195	each fiscal year [biennium] as probable disbursements of the
196	196	succeeding fiscal year [biennium] in the same manner that earned
197	197	but uncollected income of a current fiscal year [biennium] is
198	198	considered in probable receipts of the succeeding fiscal year
199	199	[biennium]. The comptroller shall consider as probable
200	200	disbursements warrants that will be issued by the state before the
201	201	end of the fiscal year.
202	202	SECTION 12. The heading to Section 253.034, Election Code,
203	203	is amended to read as follows:
204	204	Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND
205	205	FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.
206	206	SECTION 13. Section 253.034, Election Code, is amended by
207	207	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
208	208	to read as follows:
209	209	(a) During the period beginning on the 30th day before the
210	210	date a regular [legislative] session of the legislature convenes
211	211	and continuing through the 20th day after the date of final
212	212	adjournment of that regular session, a person may not knowingly
213	213	make a political contribution to:
214	214	(1) a statewide officeholder;
215	215	(2) a member of the legislature; or
216	216	(3) a specific-purpose committee for supporting,
217	217	opposing, or assisting a statewide officeholder or member of the
218	218	legislature.
219	219	(a-1) During a budget session of the legislature, a person
220	220	may not knowingly make a political contribution to:
221	221	(1) the governor or lieutenant governor;
222	222	(2) a member of or a candidate for election to the
223	223	legislature; or
224	224	(3) a specific-purpose committee for supporting,
225	225	opposing, or assisting the governor, the lieutenant governor, or a
226	226	member of or a candidate for election to the legislature.
227	227	(b) A statewide officeholder, a member of or a candidate for
228	228	election to the legislature, or a specific-purpose committee for
229	229	supporting, opposing, or assisting a statewide officeholder or a
230	230	member of or candidate for election to the legislature may not
231	231	knowingly accept a political contribution, and shall refuse a
232	232	political contribution that is received, during an applicable [the]
233	233	period prescribed by Subsection (a) or (a-1). A political
234	234	contribution that is received and refused during that period shall
235	235	be returned to the contributor not later than the 30th day after the
236	236	date of receipt. A contribution made by United States mail or by
237	237	common or contract carrier is not considered received during a
238	238	[that] period if it was properly addressed and placed with postage
239	239	or carrier charges prepaid or prearranged in the mail or delivered
240	240	to the contract carrier before the beginning of the period. The
241	241	date indicated by the post office cancellation mark or the common or
242	242	contract carrier documents is considered to be the date the
243	243	contribution was placed in the mail or delivered to the common or
244	244	contract carrier unless proven otherwise.
245	245	(c) This section does not apply to a political contribution
246	246	that was made and accepted with the intent that it be used:
247	247	(1) in an election held or ordered during a [the]
248	248	period prescribed by Subsection (a) or (a-1) in which the person
249	249	accepting the contribution is a candidate if the contribution was
250	250	made after the person appointed a campaign treasurer with the
251	251	appropriate authority and before the person was sworn in for that
252	252	office;
253	253	(2) to defray expenses incurred in connection with an
254	254	election contest; or
255	255	(3) by a person who holds a state office or a member of
256	256	the legislature or by a specific-purpose political committee that
257	257	supports or assists only that person or member if the contribution
258	258	was made during the period prescribed by Subsection (a) and the
259	259	person or member was defeated at the general election held
260	260	immediately before the regular session is convened [or by a
261	261	specific-purpose political committee that supports or assists only
262	262	that person or member].
263	263	SECTION 14. The heading to Section 253.0341, Election Code,
264	264	is amended to read as follows:
265	265	Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO
266	266	LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET
267	267	[LEGISLATIVE] SESSION OF LEGISLATURE.
268	268	SECTION 15. Sections 253.0341(a) and (b), Election Code,
269	269	are amended to read as follows:
270	270	(a) During the period beginning on the 30th day before the
271	271	date a regular [legislative] session of the legislature convenes
272	272	and continuing through the 20th day after the date of final
273	273	adjournment, or at any time during a budget session of the
274	274	legislature, a person not a member of the caucus may not knowingly
275	275	make a contribution to a legislative caucus.
276	276	(b) A legislative caucus may not knowingly accept from a
277	277	nonmember a contribution, and shall refuse a contribution from a
278	278	nonmember that is received, during a [the] period prescribed by
279	279	Subsection (a). A contribution that is received and refused during
280	280	a [that] period prescribed by Subsection (a) shall be returned to
281	281	the contributor not later than the 30th day after the date of
282	282	receipt. A contribution made by United States mail or by common or
283	283	contract carrier is not considered received during a [that] period
284	284	if it was properly addressed and placed with postage or carrier
285	285	charges prepaid or prearranged in the mail or delivered to the
286	286	contract carrier before the beginning of the period. The date
287	287	indicated by the post office cancellation mark or the common or
288	288	contract carrier documents is considered to be the date the
289	289	contribution was placed in the mail or delivered to the common or
290	290	contract carrier unless proven otherwise.
291	291	SECTION 16. The changes in law made by this Act do not
292	292	affect the validity of an appropriation made before September 1,
293	293	2019, for any part of the two consecutive state fiscal years ending
294	294	August 31, 2021.
295	295	SECTION 17. (a) This Act takes effect as provided by
296	296	Subsection (b) of this section, but only if the constitutional
297	297	amendment proposed by the 85th Legislature, Regular Session, 2017,
298	298	providing for an annual state budget and annual legislative
299	299	sessions for budget purposes is approved by the voters. If that
300	300	proposed constitutional amendment is not approved by the voters,
301	301	this Act has no effect.
302	302	(b) This section and Section 10 of this Act take effect
303	303	January 1, 2018. The other sections of this Act take effect
304	304	September 1, 2019.