Texas 2019 - 86th Regular

Texas Senate Bill SJR54 Compare Versions

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

Old	New	Differences
1	1	86R4606 SRA-D
2	2	By: Perry S.J.R. No. 54
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment limiting appropriations from
7	7	the economic stabilization fund to prevent the fund balance from
8	8	falling below a prescribed minimum amount, other than in an
9	9	emergency if certain requirements are met, and limiting the
10	10	permissible uses of that appropriated money.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 49a, Article III, Texas Constitution, is
13	13	amended by amending Subsection (b) and adding Subsections (c), (d),
14	14	and (e) to read as follows:
15	15	(b) Except in the case of emergency and imperative public
16	16	necessity and with a four-fifths vote of the total membership of
17	17	each House:
18	18	(1) an [, no] appropriation in excess of the cash and
19	19	anticipated revenue of the funds from which the [such]
20	20	appropriation is to be made is not [shall be] valid; and
21	21	(2) an appropriation from the economic stabilization
22	22	fund is not valid unless the Comptroller of Public Accounts
23	23	determines the appropriation will not exceed the limitation on
24	24	appropriations from that fund prescribed by Section 49-g(g-1) of
25	25	this article.
26	26	(c) A [No] bill containing an appropriation is not [shall
27	27	be] considered as passed and may not [or] be sent to the Governor
28	28	for consideration until and unless the Comptroller of Public
29	29	Accounts endorses the Comptroller's [his] certificate on the bill
30	30	[thereon] showing that, subject to the exception provided by
31	31	Subsection (b) of this section:
32	32	(1) the amount appropriated is within the amount
33	33	estimated to be available in the affected funds; and
34	34	(2) if the bill appropriates an amount from the
35	35	economic stabilization fund, the appropriated amount, when added to
36	36	other amounts appropriated from the economic stabilization fund in
37	37	bills certified under this subdivision, will not exceed the
38	38	limitation on appropriations from that fund prescribed by Section
39	39	49-g(g-1) of this article.
40	40	(d) In determining whether to certify a bill under
41	41	Subsection (c)(2) of this section, the Comptroller of Public
42	42	Accounts:
43	43	(1) shall consider the Comptroller's estimate of the
44	44	unappropriated balance of the economic stabilization fund as of the
45	45	first day of the period for which the appropriation is authorized,
46	46	the estimated amount and timing of anticipated interest to be
47	47	credited to the economic stabilization fund during the period for
48	48	which the appropriation is authorized, and the estimated amounts
49	49	and timing of anticipated transfers to the economic stabilization
50	50	fund during that period that are required by Sections 49-g(b), (c),
51	51	(d), and (e) of this article; and
52	52	(2) may not consider actual or anticipated transfers
53	53	of money to or from the economic stabilization fund authorized by
54	54	Section 49-g(j) of this article.
55	55	(e) When the Comptroller of Public Accounts finds that the
56	56	Comptroller cannot make the certification required by Subsection
57	57	(c)(1) or (2) of this section and the exception provided by
58	58	Subsection (b) of this section does not apply, the Comptroller [an
59	59	appropriation bill exceeds the estimated revenue he] shall endorse
60	60	the [such] finding on the bill [thereon] and return the bill to the
61	61	House in which the bill [same] originated. The finding immediately
62	62	[Such information] shall be [immediately] made known to both the
63	63	House of Representatives and the Senate and the necessary steps, as
64	64	applicable, shall be taken to bring the [such] appropriation to
65	65	within:
66	66	(1) the estimated revenue, either by providing
67	67	additional revenue or reducing the appropriation; or
68	68	(2) an amount that, when added to other amounts
69	69	appropriated from the economic stabilization fund in bills
70	70	certified under Subsection (c)(2) of this section, will not exceed
71	71	the limitation on appropriations from that fund prescribed by
72	72	Section 49-g(g-1) of this article.
73	73	SECTION 2. Section 49-g, Article III, Texas Constitution,
74	74	is amended by adding Subsections (g-1), (g-2), and (g-3) and
75	75	amending Subsection (m) to read as follows:
76	76	(g-1) Except as provided by Subsection (g-2) of this
77	77	section, the total amount of appropriations of money from the
78	78	economic stabilization fund for all or any part of a state fiscal
79	79	biennium may not exceed the estimated maximum amount the
80	80	comptroller determines may be appropriated so that the
81	81	unappropriated balance of the economic stabilization fund at all
82	82	times during the biennium is an amount equal to at least 7.5 percent
83	83	of the amount of the biennial state taxes and fees general revenue
84	84	estimate provided in advance of the regular legislative session
85	85	preceding that biennium. For purposes of this subsection,
86	86	"biennial state taxes and fees general revenue estimate" means the
87	87	amount of revenue stated in the comptroller's estimate provided in
88	88	advance of the regular legislative session as required by Section
89	89	49a(a) of this article that, based on the laws in effect at the time
90	90	the estimate is made, is anticipated to be received by and for the
91	91	state from collections of taxes and fees the revenue from which is
92	92	anticipated to be deposited to the credit of the general revenue
93	93	fund and is not set aside by law for a particular purpose or entity.
94	94	The term does not include probable changes to that anticipated
95	95	revenue as shown in supplemental statements submitted in accordance
96	96	with Section 49a(a) of this article.
97	97	(g-2) The limitation on appropriations prescribed by
98	98	Subsection (g-1) of this section does not apply in a case of
99	99	emergency and imperative public necessity and with a four-fifths
100	100	vote of the total membership of each house of the legislature.
101	101	(g-3) The authority to make an appropriation from the
102	102	economic stabilization fund under Subsection (k), (l), or (m) of
103	103	this section is subject to the endorsement of the comptroller's
104	104	certificate under Section 49a(c)(2) of this article.
105	105	(m) In addition to the appropriation authority provided by
106	106	Subsections (k) and (l) of this section, the legislature may, by a
107	107	two-thirds vote of the members present in each house, appropriate
108	108	amounts from the economic stabilization fund to:
109	109	(1) retire state debt;
110	110	(2) pay costs associated with a state of disaster
111	111	declared by the governor; or
112	112	(3) pay nonrecurring costs of infrastructure projects
113	113	[at any time and for any purpose].
114	114	SECTION 3. The following temporary provision is added to
115	115	the Texas Constitution:
116	116	TEMPORARY PROVISION. (a) This temporary provision applies
117	117	to the constitutional amendment proposed by the 86th Legislature,
118	118	Regular Session, 2019, limiting appropriations from the economic
119	119	stabilization fund to a total amount that the comptroller of public
120	120	accounts estimates will not result at any time in a fund balance of
121	121	less than a prescribed minimum amount, other than in an emergency if
122	122	certain requirements are met, and limiting the permissible uses of
123	123	that appropriated money.
124	124	(b) The amendments made to Sections 49a and 49-g, Article
125	125	III, of this constitution take effect January 1, 2021, and apply
126	126	only to an appropriation made for all or part of a state fiscal year
127	127	beginning on or after September 1, 2021.
128	128	(c) This temporary provision expires January 1, 2022.
129	129	SECTION 4. This proposed constitutional amendment shall be
130	130	submitted to the voters at an election to be held November 5, 2019.
131	131	The ballot shall be printed to provide for voting for or against the
132	132	proposition: "The constitutional amendment limiting
133	133	appropriations from the economic stabilization fund ("rainy day
134	134	fund") to a total amount that the comptroller of public accounts
135	135	estimates will not result at any time in a fund balance of less than
136	136	a prescribed minimum amount, other than in an emergency if certain
137	137	requirements are met, and limiting the permissible uses of that
138	138	appropriated money."