Texas 2021 - 87th Regular

Texas House Bill HJR34 Compare Versions

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

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1	1	87R568 MAW-D
2	2	By: Raymond H.J.R. No. 34
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment providing for an annual state
7	7	budget and annual legislative sessions for budget purposes.
8	8	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 5(a), Article III, Texas Constitution,
10	10	is amended to read as follows:
11	11	(a) The Legislature shall meet every odd-numbered year in
12	12	regular session and every even-numbered year in budget session [two
13	13	years] at such times [time] as may be provided by law. The
14	14	Legislature also shall meet [and] at other times when convened by
15	15	the Governor.
16	16	SECTION 2. Section 24(a), Article III, Texas Constitution,
17	17	is amended to read as follows:
18	18	(a) Members of the Legislature shall receive from the Public
19	19	Treasury a salary of Six Hundred Dollars ($600) per month, unless a
20	20	greater amount is recommended by the Texas Ethics Commission and
21	21	approved by the voters of this State in which case the salary is
22	22	that amount. Each member shall also receive a per diem set by the
23	23	Texas Ethics Commission for each day during each Regular, Budget,
24	24	and Special Session of the Legislature.
25	25	SECTION 3. Article III, Texas Constitution, is amended by
26	26	adding Section 40a to read as follows:
27	27	Sec. 40a. (a) A budget session of the legislature may not
28	28	exceed 60 days in duration, except that the legislature by majority
29	29	vote of the membership of each house may extend a budget session by
30	30	not more than 30 days. When convened in budget session, a house of
31	31	the legislature may not consider a bill or proposed constitutional
32	32	amendment on a matter other than:
33	33	(1) appropriations, transfers of state money among
34	34	funds and accounts, or state revenue; or
35	35	(2) an emergency matter submitted by the governor in a
36	36	special message to the legislature.
37	37	(b) Except as otherwise provided by this constitution, a
38	38	budget session is treated in the same manner as a special session of
39	39	the legislature for purposes of this constitution.
40	40	(c) Unless otherwise provided by general law, a budget
41	41	session shall be convened at noon on the third Tuesday in April.
42	42	SECTION 4. Section 49(c), Article III, Texas Constitution,
43	43	is amended to read as follows:
44	44	(c) The legislature may call an election during any regular
45	45	session or budget session of the legislature or during any special
46	46	session of the legislature in which the subject of the election is
47	47	designated in the governor's proclamation for that special session.
48	48	The election may be held on any date, and notice of the election
49	49	shall be given for the period and in the manner required for
50	50	amending this constitution. The election shall be held in each
51	51	county in the manner provided by law for other statewide elections.
52	52	SECTION 5. Section 49a(a), Article III, Texas Constitution,
53	53	is amended to read as follows:
54	54	(a) It shall be the duty of the Comptroller of Public
55	55	Accounts in advance of each Regular Session and Budget Session of
56	56	the Legislature to prepare and submit to the Governor and to the
57	57	Legislature upon its convening a statement under oath showing fully
58	58	the financial condition of the State Treasury at the close of the
59	59	last fiscal period and an estimate of the probable receipts and
60	60	disbursements for the then current fiscal year. There shall also be
61	61	contained in said statement an itemized estimate of the anticipated
62	62	revenue based on the laws then in effect that will be received by
63	63	and for the State from all sources showing the fund accounts to be
64	64	credited during each of the next two fiscal years, [the succeeding
65	65	biennium] and said statement shall contain such other information
66	66	as may be required by law. Supplemental statements shall be
67	67	submitted at any Special Session of the Legislature and at such
68	68	other times as may be necessary to show probable changes.
69	69	SECTION 6. Sections 49-g(b), (c), (g), (h), (j), (k), and
70	70	(l), Article III, Texas Constitution, are amended to read as
71	71	follows:
72	72	(b) The comptroller shall, not later than the 90th day of
73	73	each fiscal year [biennium], transfer to the economic stabilization
74	74	fund one-half of any unencumbered positive balance of general
75	75	revenues on the last day of the preceding fiscal year [biennium].
76	76	If necessary, the comptroller shall reduce the amount transferred
77	77	in proportion to the other amounts prescribed by this section to
78	78	prevent the amount in the fund from exceeding the limit in effect
79	79	for that fiscal year [biennium] under Subsection (g) of this
80	80	section.
81	81	(c) Not later than the 90th day of each fiscal year, the
82	82	comptroller of public accounts shall transfer from the general
83	83	revenue fund to the economic stabilization fund and the state
84	84	highway fund the sum of the amounts described by Subsections (d) and
85	85	(e) of this section, to be allocated as provided by Subsections
86	86	(c-1) and (c-2) of this section. However, if necessary and
87	87	notwithstanding the allocations prescribed by Subsections (c-1)
88	88	and (c-2) of this section, the comptroller shall reduce
89	89	proportionately the amounts described by Subsections (d) and (e) of
90	90	this section to be transferred and allocated to the economic
91	91	stabilization fund to prevent the amount in that fund from
92	92	exceeding the limit in effect for that fiscal year [biennium] under
93	93	Subsection (g) of this section. Revenue transferred to the state
94	94	highway fund under this subsection may be used only for
95	95	constructing, maintaining, and acquiring rights-of-way for public
96	96	roadways other than toll roads.
97	97	(g) During each fiscal year [biennium], the amount in the
98	98	economic stabilization fund may not exceed an amount equal to 10
99	99	percent of the total amount, excluding investment income, interest
100	100	income, and amounts borrowed from special funds, deposited in
101	101	general revenue during the preceding two fiscal years [biennium].
102	102	(h) In preparing an estimate of anticipated revenues for a
103	103	succeeding fiscal year [biennium] as required by Article III,
104	104	Section 49a, of this constitution, the comptroller shall estimate
105	105	the amount of the transfers that will be made under Subsections (b),
106	106	(d), and (e) of this section. The comptroller shall deduct that
107	107	amount from the estimate of anticipated revenues as if the
108	108	transfers were made on August 31 of that fiscal year.
109	109	(j) The comptroller may transfer money from the economic
110	110	stabilization fund to general revenue to prevent or eliminate a
111	111	temporary cash deficiency in general revenue. The comptroller
112	112	shall return the amount transferred to the economic stabilization
113	113	fund as soon as practicable, but not later than August 31 of the
114	114	fiscal year in which the transfer is made [each odd-numbered year].
115	115	The comptroller shall allocate the depository interest as if the
116	116	transfers had not been made. If the comptroller submits a statement
117	117	to the governor and the legislature under Article III, Section 49a,
118	118	of this constitution when money from the economic stabilization
119	119	fund is in general revenue, the comptroller shall state that the
120	120	transferred money is not available for appropriation from general
121	121	revenue.
122	122	(k) Amounts from the economic stabilization fund may be
123	123	appropriated during a regular or budget [legislative] session only
124	124	for a purpose for which an appropriation from general revenue was
125	125	made for the current fiscal year [by the preceding legislature] and
126	126	may be appropriated in a special session only for a purpose for
127	127	which an appropriation from general revenue was made in a preceding
128	128	legislative session of the same legislature. An appropriation from
129	129	the economic stabilization fund may be made under this subsection
130	130	only if the comptroller certifies that appropriations from general
131	131	revenue made for the current fiscal year [by the preceding
132	132	legislature for the current biennium] exceed available general
133	133	revenues and cash balances for the remainder of that fiscal year
134	134	[biennium]. The amount of the [an] appropriation [from the
135	135	economic stabilization fund] may not exceed the difference between
136	136	the comptroller's estimate of general revenue for the current
137	137	fiscal year [biennium] at the time the comptroller receives for
138	138	certification the bill making the appropriation and the amount of
139	139	general revenue appropriations for that fiscal year [biennium]
140	140	previously certified by the comptroller. Appropriations from the
141	141	economic stabilization fund under this subsection may not extend
142	142	beyond the last day of the current fiscal year [biennium]. An
143	143	appropriation from the economic stabilization fund under this
144	144	subsection must be approved by a three-fifths vote of the members
145	145	present in each house of the legislature.
146	146	(l) If an estimate of anticipated revenues for the [a]
147	147	succeeding fiscal year [biennium] prepared by the comptroller
148	148	pursuant to Article III, Section 49a, of this constitution is less
149	149	than the revenues that are estimated at the same time by the
150	150	comptroller to be available for the current fiscal year [biennium],
151	151	the legislature may, by a three-fifths vote of the members present
152	152	in each house, appropriate for the succeeding fiscal year
153	153	[biennium] from the economic stabilization fund an amount not to
154	154	exceed this difference. Following each fiscal year, the actual
155	155	amount of revenue shall be computed, and if the estimated
156	156	difference exceeds the actual difference, the comptroller shall
157	157	transfer the amount necessary from general revenue to the economic
158	158	stabilization fund so that the actual difference shall not be
159	159	exceeded. If all or a portion of the difference in revenue from one
160	160	fiscal year [biennium] to the next results, at least in part, from a
161	161	change in a tax rate or base adopted by the legislature, the
162	162	computation of revenue difference shall be adjusted to the amount
163	163	that would have been available had the rate or base not been
164	164	changed.
165	165	SECTION 7. Section 51-a(b), Article III, Texas
166	166	Constitution, is amended to read as follows:
167	167	(b) The Legislature may provide by General Law for medical
168	168	care, rehabilitation and other similar services for needy persons.
169	169	The Legislature may prescribe such other eligibility requirements
170	170	for participation in these programs as it deems appropriate and may
171	171	make appropriations out of state funds for such purposes. The
172	172	maximum amount paid out of state funds for assistance grants to or
173	173	on behalf of needy dependent children and their caretakers shall
174	174	not exceed one percent of the state budget. The Legislature by
175	175	general statute shall provide for the means for determining the
176	176	state budget amounts, including state and other funds appropriated
177	177	by the Legislature, to be used in establishing the [biennial] limit
178	178	for a fiscal year.
179	179	SECTION 8. Section 9, Article IV, Texas Constitution, is
180	180	amended to read as follows:
181	181	Sec. 9. The Governor shall, at the commencement of each
182	182	session of the Legislature, and at the close of the Governor's [his]
183	183	term of office, give to the Legislature information, by message, of
184	184	the condition of the State; and the Governor [he] shall recommend to
185	185	the Legislature such measures as the Governor [he] may deem
186	186	expedient. The Governor [He] shall account to the Legislature for
187	187	all public moneys the Governor has received and paid out [by him],
188	188	from any funds subject to the Governor's [his] order, with
189	189	vouchers; and shall accompany the [his] message with a statement of
190	190	the same. And at the commencement of each regular session and
191	191	budget session, the Governor [he] shall present estimates of the
192	192	amount of money required to be raised by taxation for all purposes.
193	193	SECTION 9. Section 5(a), Article VII, Texas Constitution,
194	194	is amended to read as follows:
195	195	(a) The permanent school fund consists of all land
196	196	appropriated for public schools by this constitution or the other
197	197	laws of this state, other properties belonging to the permanent
198	198	school fund, and all revenue derived from the land or other
199	199	properties. The available school fund consists of the distributions
200	200	made to it from the total return on all investment assets of the
201	201	permanent school fund, the taxes authorized by this constitution or
202	202	general law to be part of the available school fund, and
203	203	appropriations made to the available school fund by the
204	204	legislature. The total amount distributed from the permanent school
205	205	fund to the available school fund:
206	206	(1) in [each year of] a state fiscal year [biennium]
207	207	must be an amount that is not more than six percent of the average of
208	208	the market value of the permanent school fund, excluding real
209	209	property belonging to the fund that is managed, sold, or acquired
210	210	under Section 4 of this article, but including discretionary real
211	211	assets investments and cash in the state treasury derived from
212	212	property belonging to the fund, on the last day of each of the 16
213	213	state fiscal quarters preceding the regular or budget session of
214	214	the legislature, as applicable, that begins before that state
215	215	fiscal year [biennium], in accordance with the rate adopted by:
216	216	(A) a vote of two-thirds of the total membership
217	217	of the State Board of Education, taken before that [the] regular or
218	218	budget session of the legislature convenes; or
219	219	(B) the legislature by general law or
220	220	appropriation, if the State Board of Education does not adopt a rate
221	221	as provided by Paragraph (A) of this subdivision; and
222	222	(2) over the 10-year period consisting of the current
223	223	state fiscal year and the nine preceding state fiscal years may not
224	224	exceed the total return on all investment assets of the permanent
225	225	school fund over the same 10-year period.
226	226	SECTION 10. Sections 20(d), (e), (f), and (g), Article VII,
227	227	Texas Constitution, are amended to read as follows:
228	228	(d) In each state fiscal year [biennium], the legislature
229	229	may appropriate as provided by Subsection (f) of this section all or
230	230	a portion of the total return on all investment assets of the fund
231	231	to carry out the purposes for which the fund is established.
232	232	(e) The legislature annually [biennially] shall allocate
233	233	the amounts appropriated under this section, or shall provide for
234	234	an annual [a biennial] allocation of those amounts, to eligible
235	235	state universities to carry out the purposes of the fund. The money
236	236	shall be allocated based on an equitable formula established by the
237	237	legislature or an agency designated by the legislature. The
238	238	legislature shall review and as appropriate adjust, or provide for
239	239	a review and adjustment, of the allocation formula at the end of
240	240	each state fiscal year [biennium].
241	241	(f) The portion of the total return on investment assets of
242	242	the fund that is available for appropriation in a state fiscal year
243	243	[biennium] under this section is the portion determined by the
244	244	legislature, or an agency designated by the legislature, as
245	245	necessary to provide as nearly as practicable a stable and
246	246	predictable stream of annual distributions to eligible state
247	247	universities and to maintain over time the purchasing power of fund
248	248	investment assets. If the purchasing power of fund investment
249	249	assets for any rolling 10-year period is not preserved, the
250	250	distributions may not be increased until the purchasing power of
251	251	the fund investment assets is restored. The amount appropriated
252	252	from the fund in any fiscal year may not exceed an amount equal to
253	253	seven percent of the average net fair market value of the investment
254	254	assets of the fund, as determined by law. Until the fund has been
255	255	invested for a period of time sufficient to determine the
256	256	purchasing power over a 10-year period, the legislature may provide
257	257	by law for means of preserving the purchasing power of the fund.
258	258	(g) The legislature shall establish criteria by which a
259	259	state university may become eligible to receive a portion of the
260	260	distributions from the fund. A state university that becomes
261	261	eligible to receive a portion of the distributions from the fund in
262	262	a state fiscal year [biennium] remains eligible to receive
263	263	additional distributions from the fund in any subsequent state
264	264	fiscal year [biennium]. The University of Texas at Austin and Texas
265	265	A&M University are not eligible to receive money from the fund.
266	266	SECTION 11. Section 6, Article VIII, Texas Constitution, is
267	267	amended to read as follows:
268	268	Sec. 6. No money shall be drawn from the Treasury but in
269	269	pursuance of specific appropriations made by law; nor shall any
270	270	appropriation of money be made for a longer term than one year [two
271	271	years].
272	272	SECTION 12. Section 22(a), Article VIII, Texas
273	273	Constitution, is amended to read as follows:
274	274	(a) In no fiscal year [biennium] shall the rate of growth of
275	275	appropriations from state tax revenues not dedicated by this
276	276	constitution exceed the estimated rate of growth of the state's
277	277	economy. The legislature shall provide by general law procedures
278	278	to implement this subsection.
279	279	SECTION 13. The following temporary provision is added to
280	280	the Texas Constitution:
281	281	TEMPORARY PROVISION. (a) The constitutional amendment
282	282	proposed by the 87th Legislature, Regular Session, 2021, providing
283	283	for an annual state budget and annual legislative sessions for
284	284	budget purposes takes effect September 1, 2023.
285	285	(b) The amendment does not affect the validity of an
286	286	appropriation made before that date for any part of the two
287	287	consecutive state fiscal years ending August 31, 2025.
288	288	(c) This temporary provision expires January 1, 2026.
289	289	SECTION 14. This proposed constitutional amendment shall be
290	290	submitted to the voters at an election to be held November 2, 2021.
291	291	The ballot shall be printed to permit voting for or against the
292	292	proposition: "The constitutional amendment providing for an annual
293	293	state budget and annual legislative sessions for budget purposes."