Texas 2021 - 87th Regular

Texas House Bill HB641 Compare Versions

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

Old	New	Differences
1	1	87R567 MAW-D
2	2	By: Raymond H.B. No. 641
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 AND PLACE OF MEETING. (a) In each
14	14	odd-numbered year, the [The] legislature shall convene at the seat
15	15	of government in regular session at 12 noon on the second Tuesday in
16	16	January [of each odd-numbered year].
17	17	(b) In each even-numbered year, the legislature shall
18	18	convene at the seat of government in budget session at 12 noon on
19	19	the third Tuesday in April.
20	20	SECTION 2. Section 316.001, Government Code, is amended to
21	21	read as follows:
22	22	Sec. 316.001. LIMIT. The rate of growth of appropriations
23	23	in a state fiscal year [biennium] from state tax revenues not
24	24	dedicated by the constitution may not exceed the estimated rate of
25	25	growth of the state's economy.
26	26	SECTION 3. Sections 316.002(a), (b), and (e), Government
27	27	Code, are amended to read as follows:
28	28	(a) Before the Legislative Budget Board submits the budget
29	29	as prescribed by Section 322.008(c), the board shall establish:
30	30	(1) the estimated rate of growth of the state's economy
31	31	from the current fiscal year [biennium] to the next fiscal year
32	32	[biennium];
33	33	(2) the level of appropriations for the current fiscal
34	34	year [biennium] from state tax revenues not dedicated by the
35	35	constitution; and
36	36	(3) the amount of state tax revenues not dedicated by
37	37	the constitution that could be appropriated for the next fiscal
38	38	year [biennium] within the limit established by the estimated rate
39	39	of growth of the state's economy.
40	40	(b) Except as provided by Subsection (c), the board shall
41	41	determine the estimated rate of growth of the state's economy by
42	42	dividing the estimated Texas total personal income for the next
43	43	fiscal year [biennium] by the estimated Texas total personal income
44	44	for the current fiscal year [biennium]. Using standard statistical
45	45	methods, the board shall make the estimate by projecting through
46	46	the fiscal year [biennium] the estimated Texas total personal
47	47	income reported by the United States Department of Commerce or its
48	48	successor in function.
49	49	(e) In the absence of an action by the Legislative Budget
50	50	Board to adopt a spending limit as provided in Subsections (a) and
51	51	(b), the estimated rate of growth in the state's economy from the
52	52	current fiscal year [biennium] to the next fiscal year [biennium]
53	53	shall be treated as if it were zero, and the amount of state tax
54	54	revenues not dedicated by the constitution that could be
55	55	appropriated within the limit established by the estimated rate of
56	56	growth in the state's economy shall be the same as the level of
57	57	appropriations for the current fiscal year [biennium].
58	58	SECTION 4. Section 316.008(a), Government Code, is amended
59	59	to read as follows:
60	60	(a) Unless the legislature adopts a resolution under
61	61	Article VIII, Section 22(b), of the Texas Constitution raising the
62	62	proposed limit on appropriations, the proposed limit is binding on
63	63	the legislature with respect to all appropriations for the next
64	64	fiscal year [biennium] made from state tax revenues not dedicated
65	65	by the constitution.
66	66	SECTION 5. Section 316.045, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 316.045. REDUCTION IN CERTAIN AGENCY FEES. (a) Each
69	69	state agency that sets the fees charged by that agency in amounts
70	70	that are reasonable and necessary to cover the administrative costs
71	71	of the agency shall review the amounts charged as fees on an annual
72	72	[a biennial] basis. The agency shall review the fees before the
73	73	beginning of each state fiscal year [biennium] and incorporate its
74	74	recommendations based on that review in its budget request
75	75	submitted to the Legislative Budget Board and the budget division
76	76	of the governor's office.
77	77	(b) If the agency determines that the fees are set at a level
78	78	that exceeds the administrative costs of the agency as of the date
79	79	of the review, the agency shall reduce the amount of the affected
80	80	fees to the appropriate level and shall charge the reduced fees
81	81	during the subsequent fiscal year [biennium]. Each agency shall
82	82	give specific recognition to reductions in salary expenses
83	83	resulting from statutorily directed employee attrition.
84	84	SECTION 6. Section 316.092(a), Government Code, is amended
85	85	to read as follows:
86	86	(a) For the purposes of adjusting the allocations of
87	87	transfers in accordance with Section 49-g(c-2), Article III, Texas
88	88	Constitution, and Section 316.093 for a state fiscal year
89	89	[biennium], the comptroller shall determine and adopt for the state
90	90	fiscal year [biennium] an amount equal to seven percent of the
91	91	certified general revenue-related appropriations made for that
92	92	state fiscal year [biennium].
93	93	SECTION 7. Sections 316.093(a), (b), and (c), Government
94	94	Code, are amended to read as follows:
95	95	(a) Before the comptroller makes transfers for a state
96	96	fiscal year in accordance with Section 49-g(c), Article III, Texas
97	97	Constitution, the comptroller shall determine whether the sum of
98	98	the balance of the fund on the preceding August 31, any projected
99	99	transfer to the fund under Section 49-g(b) of that article, and any
100	100	projected transfer to the fund under Section 49-g(c) of that
101	101	article in accordance with the allocations for the transfer as
102	102	provided by Section 49-g(c-1) of that article is less than the
103	103	amount determined under Section 316.092 for that state fiscal year
104	104	[biennium].
105	105	(b) If the sum described by Subsection (a) is less than the
106	106	amount determined under Section 316.092 for that state fiscal year
107	107	[biennium], the comptroller shall reduce the allocation to the
108	108	state highway fund provided by Section 49-g(c), Article III, Texas
109	109	Constitution, and increase the allocation to the economic
110	110	stabilization fund, in an equal amount, until the amount determined
111	111	under Section 316.092 for that state fiscal year [biennium] would
112	112	be achieved by the transfer to the fund or the total amount of the
113	113	sum described by Section 49-g(c), Article III, Texas Constitution,
114	114	is allocated to the fund, whichever occurs first.
115	115	(c) For the purposes of Section 49-g(c-2), Article III,
116	116	Texas Constitution, the comptroller shall adjust the allocation
117	117	provided by Section 49-g(c-1) of that article of amounts to be
118	118	transferred to the fund and to the state highway fund under Section
119	119	49-g(c) of that article in a state fiscal year beginning on or after
120	120	September 1, 2035, so that the total of those amounts is transferred
121	121	to the economic stabilization fund, except that the comptroller
122	122	shall reduce a transfer made under this subsection as necessary to
123	123	prevent the amount in the fund from exceeding the limit in effect
124	124	for that fiscal year [biennium] under Section 49-g(g) of that
125	125	article.
126	126	SECTION 8. Section 317.003(a), Government Code, is amended
127	127	to read as follows:
128	128	(a) The governor or Legislative Budget Board may make a
129	129	proposal at any time except during a [regular or special] session of
130	130	the legislature. A proposal may apply to an appropriation that has
131	131	been made for any specified fiscal year that has not ended at the
132	132	time the proposal is made.
133	133	SECTION 9. Sections 322.008(a), (c), and (d), Government
134	134	Code, are amended to read as follows:
135	135	(a) The director, under the direction of the board, shall
136	136	prepare the general appropriations bill for introduction at each
137	137	regular and budget [legislative] session of the legislature.
138	138	(c) Not later than the fifth day after a regular or budget
139	139	[legislative] session convenes, the director shall transmit a copy
140	140	of the budget of estimated appropriations prepared by the director
141	141	to the governor and each member of the legislature.
142	142	(d) Not later than the seventh day after a regular or budget
143	143	[legislative] session convenes, the director shall transmit a copy
144	144	of the general appropriations bill to the governor and each member
145	145	of the legislature.
146	146	SECTION 10. Chapter 322, Government Code, is amended by
147	147	adding Section 322.021 to read as follows:
148	148	Sec. 322.021. STUDY TO IMPLEMENT ANNUAL BUDGET. (a) The
149	149	board, with the assistance of the Texas Legislative Council, shall
150	150	examine the laws and operations of state government to determine
151	151	how the implementation of annual state budgets may affect those
152	152	laws and operations and shall adopt recommendations for legislative
153	153	and administrative action necessary to implement an annual budget
154	154	as effectively as practicable.
155	155	(b) The board shall make its initial recommendations under
156	156	this section not later than November 1, 2022.
157	157	SECTION 11. Section 403.121(a), Government Code, is amended
158	158	to read as follows:
159	159	(a) In the statement required by Article III, Section 49a,
160	160	of the Texas Constitution the comptroller shall list outstanding
161	161	appropriations that may exist after the end of the current fiscal
162	162	year but may not deduct them from the cash condition of the treasury
163	163	or the anticipated revenues of the next fiscal year [biennium] for
164	164	the purpose of certification. The comptroller shall base the
165	165	reports, estimates, and certifications of available funds on the
166	166	actual or estimated cash condition of the treasury and shall
167	167	consider outstanding and undisbursed appropriations at the end of
168	168	each fiscal year [biennium] as probable disbursements of the
169	169	succeeding fiscal year [biennium] in the same manner that earned
170	170	but uncollected income of a current fiscal year [biennium] is
171	171	considered in probable receipts of the succeeding fiscal year
172	172	[biennium]. The comptroller shall consider as probable
173	173	disbursements warrants that will be issued by the state before the
174	174	end of the fiscal year.
175	175	SECTION 12. The heading to Section 253.034, Election Code,
176	176	is amended to read as follows:
177	177	Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND
178	178	FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.
179	179	SECTION 13. Section 253.034, Election Code, is amended by
180	180	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
181	181	to read as follows:
182	182	(a) During the period beginning on the 30th day before the
183	183	date a regular [legislative] session of the legislature convenes
184	184	and continuing through the 20th day after the date of final
185	185	adjournment of that regular session, a person may not knowingly
186	186	make a political contribution to:
187	187	(1) a statewide officeholder;
188	188	(2) a member of the legislature; or
189	189	(3) a specific-purpose committee for supporting,
190	190	opposing, or assisting a statewide officeholder or member of the
191	191	legislature.
192	192	(a-1) During a budget session of the legislature, a person
193	193	may not knowingly make a political contribution to:
194	194	(1) the governor or lieutenant governor;
195	195	(2) a member of or a candidate for election to the
196	196	legislature; or
197	197	(3) a specific-purpose committee for supporting,
198	198	opposing, or assisting the governor, the lieutenant governor, or a
199	199	member of or a candidate for election to the legislature.
200	200	(b) A statewide officeholder, a member of or a candidate for
201	201	election to the legislature, or a specific-purpose committee for
202	202	supporting, opposing, or assisting a statewide officeholder or a
203	203	member of or a candidate for election to the legislature may not
204	204	knowingly accept a political contribution, and shall refuse a
205	205	political contribution that is received, during an applicable [the]
206	206	period prescribed by Subsection (a) or (a-1). A political
207	207	contribution that is received and refused during that period shall
208	208	be returned to the contributor not later than the 30th day after the
209	209	date of receipt. A contribution made by United States mail or by
210	210	common or contract carrier is not considered received during a
211	211	[that] period if it was properly addressed and placed with postage
212	212	or carrier charges prepaid or prearranged in the mail or delivered
213	213	to the contract carrier before the beginning of the period. The
214	214	date indicated by the post office cancellation mark or the common or
215	215	contract carrier documents is considered to be the date the
216	216	contribution was placed in the mail or delivered to the common or
217	217	contract carrier unless proven otherwise.
218	218	(c) This section does not apply to a political contribution
219	219	that was made and accepted with the intent that it be used:
220	220	(1) in an election held or ordered during a [the]
221	221	period prescribed by Subsection (a) or (a-1) in which the person
222	222	accepting the contribution is a candidate if the contribution was
223	223	made after the person appointed a campaign treasurer with the
224	224	appropriate authority and before the person was sworn in for that
225	225	office;
226	226	(2) to defray expenses incurred in connection with an
227	227	election contest; or
228	228	(3) by a person who holds a state office or a member of
229	229	the legislature or by a specific-purpose political committee that
230	230	supports or assists only that person or member if the contribution
231	231	was made during the period prescribed by Subsection (a) and the
232	232	person or member was defeated at the general election held
233	233	immediately before the regular session is convened [or by a
234	234	specific-purpose political committee that supports or assists only
235	235	that person or member].
236	236	SECTION 14. The heading to Section 253.0341, Election Code,
237	237	is amended to read as follows:
238	238	Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO
239	239	LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET
240	240	[LEGISLATIVE] SESSION OF LEGISLATURE.
241	241	SECTION 15. Sections 253.0341(a) and (b), Election Code,
242	242	are amended to read as follows:
243	243	(a) During the period beginning on the 30th day before the
244	244	date a regular [legislative] session of the legislature convenes
245	245	and continuing through the 20th day after the date of final
246	246	adjournment, or at any time during a budget session of the
247	247	legislature, a person not a member of the caucus may not knowingly
248	248	make a contribution to a legislative caucus.
249	249	(b) A legislative caucus may not knowingly accept from a
250	250	nonmember a contribution, and shall refuse a contribution from a
251	251	nonmember that is received, during a [the] period prescribed by
252	252	Subsection (a). A contribution that is received and refused during
253	253	a [that] period prescribed by Subsection (a) shall be returned to
254	254	the contributor not later than the 30th day after the date of
255	255	receipt. A contribution made by United States mail or by common or
256	256	contract carrier is not considered received during a [that] period
257	257	if it was properly addressed and placed with postage or carrier
258	258	charges prepaid or prearranged in the mail or delivered to the
259	259	contract carrier before the beginning of the period. The date
260	260	indicated by the post office cancellation mark or the common or
261	261	contract carrier documents is considered to be the date the
262	262	contribution was placed in the mail or delivered to the common or
263	263	contract carrier unless proven otherwise.
264	264	SECTION 16. The changes in law made by this Act do not
265	265	affect the validity of an appropriation made before September 1,
266	266	2023, for any part of the two consecutive state fiscal years ending
267	267	August 31, 2025.
268	268	SECTION 17. (a) This Act takes effect as provided by
269	269	Subsection (b) of this section, but only if the constitutional
270	270	amendment proposed by the 87th Legislature, Regular Session, 2021,
271	271	providing for an annual state budget and annual legislative
272	272	sessions for budget purposes is approved by the voters. If that
273	273	proposed constitutional amendment is not approved by the voters,
274	274	this Act has no effect.
275	275	(b) This section and Section 10 of this Act take effect
276	276	January 1, 2022. The other sections of this Act take effect
277	277	September 1, 2023.