Texas 2019 - 86th Regular

Texas House Bill HJR138 Latest Draft

Bill / Introduced Version Filed 03/08/2019

                            86R242 CJC-D
 By: Cain H.J.R. No. 138


 A JOINT RESOLUTION
 proposing a constitutional amendment regarding limits on the rate
 of growth of spending by the state and certain political
 subdivisions of the state.
 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article VIII, Texas Constitution, is amended by
 amending Section 22 and adding Section 22-a to read as follows:
 Sec. 22.  (a) The [In no biennium shall the] rate of growth
 of appropriations from state tax revenues not dedicated by this
 constitution may not for any state fiscal biennium exceed the
 estimated rate of growth of this state's population, adjusted by
 the estimated rate of monetary inflation in this state [the state's
 economy]. The legislature shall provide by general law procedures
 to implement this subsection.
 (b)  If the legislature by adoption of a resolution approved
 by a record vote of a majority of the members of each house finds
 that an emergency exists and identifies the nature of the
 emergency, the legislature may provide for appropriations in excess
 of the amount authorized by Subsection (a) of this section. The
 excess amount authorized under this subsection may not exceed the
 amount specified in the resolution.
 (c)  In no case shall appropriations exceed revenues as
 provided by Section 49a, [in] Article III, [Section 49a,] of this
 constitution. Nothing in this section shall be construed to alter,
 amend, or repeal Section 49a, Article III, [Section 49a,] of this
 constitution.
 Sec. 22-a.  (a) Unless additional expenditures are
 authorized by a majority of the political subdivision's voters
 voting at an election called for that purpose, the rate of growth of
 a political subdivision's total expenditures from all available
 sources of revenue in a fiscal year may not exceed the estimated
 rate of growth of this state's population, adjusted by the
 estimated rate of monetary inflation in this state.
 (b)  This section does not apply to a political subdivision
 that does not impose taxes or incur debt.
 (c)  The legislature by general law shall provide procedures
 to implement this section.
 SECTION 2.  The following temporary provision is added to
 the Texas Constitution:
 TEMPORARY PROVISION. (a) This temporary provision applies
 to the constitutional amendment proposed by the 86th Legislature,
 Regular Session, 2019, regarding limits on the rate of growth of
 spending by the state and certain political subdivisions of the
 state.
 (b)  The amendments to Section 22, Article VIII, of this
 constitution apply only in relation to appropriations made for a
 state fiscal biennium beginning on or after September 1, 2021.
 (c)  Section 22-a, Article VIII, of this constitution takes
 effect January 1, 2020, and applies only to a fiscal year of a
 political subdivision beginning on or after that date.
 (d)  This temporary provision expires January 1, 2022.
 SECTION 3.  This proposed constitutional amendment shall be
 submitted to the voters at an election to be held November 5, 2019.
 The ballot shall be printed to provide for voting for or against the
 proposition: "The constitutional amendment regarding limits on the
 rate of growth of spending by the state and certain political
 subdivisions of the state."