Texas 2021 - 87th Regular

Texas Senate Bill SB309 Compare Versions

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1	1	87R3490 BRG-D
2	2	By: Eckhardt S.B. No. 309
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 second Tuesday in January.
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 316.004, Government Code, is amended to
59	59	read as follows:
60	60	Sec. 316.004. PUBLIC HEARING. Not later than December 1 of
61	61	each [even-numbered] year, the Legislative Budget Board shall hold
62	62	a public hearing to solicit testimony regarding the proposed items
63	63	of information and the methodology used in making the calculations
64	64	required by Section 316.002.
65	65	SECTION 5. Section 316.008(a), Government Code, is amended
66	66	to read as follows:
67	67	(a) Unless the legislature adopts a resolution under
68	68	Article VIII, Section 22(b), of the Texas Constitution raising the
69	69	proposed limit on appropriations, the proposed limit is binding on
70	70	the legislature with respect to all appropriations for the next
71	71	fiscal year [biennium] made from state tax revenues not dedicated
72	72	by the constitution.
73	73	SECTION 6. Section 316.009, Government Code, is amended to
74	74	read as follows:
75	75	Sec. 316.009. SUBMISSION OF BILL BY GOVERNOR. The governor
76	76	may prepare a general appropriation bill and submit printed copies
77	77	of it to the lieutenant governor, the speaker of the house of
78	78	representatives, and each member of the legislature. The bill must
79	79	be submitted not later than:
80	80	(1) the 30th day of the legislature's regular session,
81	81	except that if a person is inaugurated as governor who was not
82	82	governor preceding the inauguration, the bill must be submitted not
83	83	later than the 20th day after the date of that inauguration; or
84	84	(2) the 30th day of the legislature's budget session.
85	85	SECTION 7. Section 316.045, Government Code, is amended to
86	86	read as follows:
87	87	Sec. 316.045. REDUCTION IN CERTAIN AGENCY FEES. (a) Each
88	88	state agency that sets the fees charged by that agency in amounts
89	89	that are reasonable and necessary to cover the administrative costs
90	90	of the agency shall review the amounts charged as fees on an annual
91	91	[a biennial] basis. The agency shall review the fees before the
92	92	beginning of each state fiscal year [biennium] and incorporate its
93	93	recommendations based on that review in its budget request
94	94	submitted to the Legislative Budget Board and the budget division
95	95	of the governor's office.
96	96	(b) If the agency determines that the fees are set at a level
97	97	that exceeds the administrative costs of the agency as of the date
98	98	of the review, the agency shall reduce the amount of the affected
99	99	fees to the appropriate level and shall charge the reduced fees
100	100	during the subsequent fiscal year [biennium]. Each agency shall
101	101	give specific recognition to reductions in salary expenses
102	102	resulting from statutorily directed employee attrition.
103	103	SECTION 8. Section 316.092(a), Government Code, is amended
104	104	to read as follows:
105	105	(a) For the purposes of adjusting the allocations of
106	106	transfers in accordance with Section 49-g(c-2), Article III, Texas
107	107	Constitution, and Section 316.093 for a state fiscal year
108	108	[biennium], the comptroller shall determine and adopt for the state
109	109	fiscal year [biennium] an amount equal to seven percent of the
110	110	certified general revenue-related appropriations made for that
111	111	state fiscal year [biennium].
112	112	SECTION 9. Sections 316.093(a), (b), and (c), Government
113	113	Code, are amended to read as follows:
114	114	(a) Before the comptroller makes transfers for a state
115	115	fiscal year in accordance with Section 49-g(c), Article III, Texas
116	116	Constitution, the comptroller shall determine whether the sum of
117	117	the balance of the fund on the preceding August 31, any projected
118	118	transfer to the fund under Section 49-g(b) of that article, and any
119	119	projected transfer to the fund under Section 49-g(c) of that
120	120	article in accordance with the allocations for the transfer as
121	121	provided by Section 49-g(c-1) of that article is less than the
122	122	amount determined under Section 316.092 for that state fiscal year
123	123	[biennium].
124	124	(b) If the sum described by Subsection (a) is less than the
125	125	amount determined under Section 316.092 for that state fiscal year
126	126	[biennium], the comptroller shall reduce the allocation to the
127	127	state highway fund provided by Section 49-g(c), Article III, Texas
128	128	Constitution, and increase the allocation to the economic
129	129	stabilization fund, in an equal amount, until the amount determined
130	130	under Section 316.092 for that state fiscal year [biennium] would
131	131	be achieved by the transfer to the fund or the total amount of the
132	132	sum described by Section 49-g(c), Article III, Texas Constitution,
133	133	is allocated to the fund, whichever occurs first.
134	134	(c) For the purposes of Section 49-g(c-2), Article III,
135	135	Texas Constitution, the comptroller shall adjust the allocation
136	136	provided by Section 49-g(c-1) of that article of amounts to be
137	137	transferred to the fund and to the state highway fund under Section
138	138	49-g(c) of that article in a state fiscal year beginning on or after
139	139	September 1, 2035, so that the total of those amounts is transferred
140	140	to the economic stabilization fund, except that the comptroller
141	141	shall reduce a transfer made under this subsection as necessary to
142	142	prevent the amount in the fund from exceeding the limit in effect
143	143	for that fiscal year [biennium] under Section 49-g(g) of that
144	144	article.
145	145	SECTION 10. Section 317.003(a), Government Code, is amended
146	146	to read as follows:
147	147	(a) The governor or Legislative Budget Board may make a
148	148	proposal at any time except during a [regular or special] session of
149	149	the legislature. A proposal may apply to an appropriation that has
150	150	been made for any specified fiscal year that has not ended at the
151	151	time the proposal is made.
152	152	SECTION 11. Section 317.007, Government Code, is amended to
153	153	read as follows:
154	154	Sec. 317.007. EXPIRATION OF PROPOSAL OR CONTINGENT ORDER.
155	155	A proposal made by the governor or board under this chapter expires
156	156	if the other entity does not adopt an order ratifying or changing
157	157	the proposal before the 31st day after the date the proposal is
158	158	published in the Texas Register. A contingent order adopted by the
159	159	governor or board under this chapter expires if the other entity
160	160	does not approve the order before the 31st day after the date the
161	161	proposal on which the order is based is published in the Texas
162	162	Register. A proposal or contingent order of either entity also
163	163	expires if a regular, budget, or special session of the legislature
164	164	begins before, respectively, the other entity has ratified the
165	165	proposal or has approved the contingent order.
166	166	SECTION 12. Section 317.008(b), Government Code, is amended
167	167	to read as follows:
168	168	(b) An order adopted under this chapter expires at the end
169	169	of the fiscal year to which by its terms it applies, except that an
170	170	order may specify an earlier expiration date [or a later date that
171	171	does not extend beyond the end of the biennium containing each
172	172	fiscal year to which the order applies].
173	173	SECTION 13. Section 317.052(c), Government Code, is amended
174	174	to read as follows:
175	175	(c) After the hearing, if any, the board shall determine
176	176	whether the application shows to the satisfaction of the board
177	177	that:
178	178	(1) the necessity of the computer equipment was
179	179	reasonably unforeseen when the current General Appropriations Act
180	180	was being considered and passed, or that sufficient appropriations
181	181	to purchase the equipment were inadvertently or erroneously omitted
182	182	from that Act;
183	183	(2) the applicant's current appropriations are
184	184	inadequate or unavailable to purchase the equipment;
185	185	(3) the applicant has obtained the approvals required
186	186	by law; and
187	187	(4) the applicant will not be required to make any
188	188	payments during the current state fiscal year [biennium] on the
189	189	interest and principal of the obligations issued by the Texas
190	190	Public Finance Authority.
191	191	SECTION 14. Sections 322.008(a), (c), and (d), Government
192	192	Code, are amended to read as follows:
193	193	(a) The director, under the direction of the board, shall
194	194	prepare the general appropriations bill for introduction at each
195	195	regular and budget [legislative] session of the legislature.
196	196	(c) Not later than the fifth day after a regular or budget
197	197	[legislative] session convenes, the director shall transmit a copy
198	198	of the budget of estimated appropriations prepared by the director
199	199	to the governor and each member of the legislature.
200	200	(d) Not later than the seventh day after a regular or budget
201	201	[legislative] session convenes, the director shall transmit a copy
202	202	of the general appropriations bill to the governor and each member
203	203	of the legislature.
204	204	SECTION 15. Chapter 322, Government Code, is amended by
205	205	adding Section 322.021 to read as follows:
206	206	Sec. 322.021. STUDY TO IMPLEMENT ANNUAL BUDGET. (a) The
207	207	board, with the assistance of the Texas Legislative Council, shall
208	208	examine the laws and operations of state government to determine
209	209	how the implementation of annual state budgets may affect those
210	210	laws and operations and shall adopt recommendations for legislative
211	211	and administrative action necessary to implement an annual budget
212	212	as effectively as practicable.
213	213	(b) The board shall make its initial recommendations under
214	214	this section not later than November 1, 2022.
215	215	SECTION 16. Section 403.121(a), Government Code, is amended
216	216	to read as follows:
217	217	(a) In the statement required by Article III, Section 49a,
218	218	of the Texas Constitution the comptroller shall list outstanding
219	219	appropriations that may exist after the end of the current fiscal
220	220	year but may not deduct them from the cash condition of the treasury
221	221	or the anticipated revenues of the next fiscal year [biennium] for
222	222	the purpose of certification. The comptroller shall base the
223	223	reports, estimates, and certifications of available funds on the
224	224	actual or estimated cash condition of the treasury and shall
225	225	consider outstanding and undisbursed appropriations at the end of
226	226	each fiscal year [biennium] as probable disbursements of the
227	227	succeeding fiscal year [biennium] in the same manner that earned
228	228	but uncollected income of a current fiscal year [biennium] is
229	229	considered in probable receipts of the succeeding fiscal year
230	230	[biennium]. The comptroller shall consider as probable
231	231	disbursements warrants that will be issued by the state before the
232	232	end of the fiscal year.
233	233	SECTION 17. The heading to Section 253.034, Election Code,
234	234	is amended to read as follows:
235	235	Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND
236	236	FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.
237	237	SECTION 18. Section 253.034, Election Code, is amended by
238	238	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
239	239	to read as follows:
240	240	(a) During the period beginning on the 30th day before the
241	241	date a regular [legislative] session of the legislature convenes
242	242	and continuing through the 20th day after the date of final
243	243	adjournment of that regular session, a person may not knowingly
244	244	make a political contribution to:
245	245	(1) a statewide officeholder;
246	246	(2) a member of the legislature; or
247	247	(3) a specific-purpose committee for supporting,
248	248	opposing, or assisting a statewide officeholder or member of the
249	249	legislature.
250	250	(a-1) During a budget session of the legislature, a person
251	251	may not knowingly make a political contribution to:
252	252	(1) the governor or lieutenant governor;
253	253	(2) a member of or a candidate for election to the
254	254	legislature; or
255	255	(3) a specific-purpose committee for supporting,
256	256	opposing, or assisting the governor, the lieutenant governor, or a
257	257	member of or a candidate for election to the legislature.
258	258	(b) A statewide officeholder, a member of or a candidate for
259	259	election to the legislature, or a specific-purpose committee for
260	260	supporting, opposing, or assisting a statewide officeholder or a
261	261	member of or a candidate for election to the legislature may not
262	262	knowingly accept a political contribution, and shall refuse a
263	263	political contribution that is received, during an applicable [the]
264	264	period prescribed by Subsection (a) or (a-1). A political
265	265	contribution that is received and refused during that period shall
266	266	be returned to the contributor not later than the 30th day after the
267	267	date of receipt. A contribution made by United States mail or by
268	268	common or contract carrier is not considered received during a
269	269	[that] period if it was properly addressed and placed with postage
270	270	or carrier charges prepaid or prearranged in the mail or delivered
271	271	to the contract carrier before the beginning of the period. The
272	272	date indicated by the post office cancellation mark or the common or
273	273	contract carrier documents is considered to be the date the
274	274	contribution was placed in the mail or delivered to the common or
275	275	contract carrier unless proven otherwise.
276	276	(c) This section does not apply to a political contribution
277	277	that was made and accepted with the intent that it be used:
278	278	(1) in an election held or ordered during a [the]
279	279	period prescribed by Subsection (a) or (a-1) in which the person
280	280	accepting the contribution is a candidate if the contribution was
281	281	made after the person appointed a campaign treasurer with the
282	282	appropriate authority and before the person was sworn in for that
283	283	office;
284	284	(2) to defray expenses incurred in connection with an
285	285	election contest; or
286	286	(3) by a person who holds a state office or a member of
287	287	the legislature or by a specific-purpose political committee that
288	288	supports or assists only that person or member if the contribution
289	289	was made during the period prescribed by Subsection (a) and the
290	290	person or member was defeated at the general election held
291	291	immediately before the regular session is convened [or by a
292	292	specific-purpose political committee that supports or assists only
293	293	that person or member].
294	294	SECTION 19. The heading to Section 253.0341, Election Code,
295	295	is amended to read as follows:
296	296	Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO
297	297	LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET
298	298	[LEGISLATIVE] SESSION OF LEGISLATURE.
299	299	SECTION 20. Sections 253.0341(a) and (b), Election Code,
300	300	are amended to read as follows:
301	301	(a) During the period beginning on the 30th day before the
302	302	date a regular [legislative] session of the legislature convenes
303	303	and continuing through the 20th day after the date of final
304	304	adjournment, or at any time during a budget session of the
305	305	legislature, a person not a member of the caucus may not knowingly
306	306	make a contribution to a legislative caucus.
307	307	(b) A legislative caucus may not knowingly accept from a
308	308	nonmember a contribution, and shall refuse a contribution from a
309	309	nonmember that is received, during a [the] period prescribed by
310	310	Subsection (a). A contribution that is received and refused during
311	311	a [that] period prescribed by Subsection (a) shall be returned to
312	312	the contributor not later than the 30th day after the date of
313	313	receipt. A contribution made by United States mail or by common or
314	314	contract carrier is not considered received during a [that] period
315	315	if it was properly addressed and placed with postage or carrier
316	316	charges prepaid or prearranged in the mail or delivered to the
317	317	contract carrier before the beginning of the period. The date
318	318	indicated by the post office cancellation mark or the common or
319	319	contract carrier documents is considered to be the date the
320	320	contribution was placed in the mail or delivered to the common or
321	321	contract carrier unless proven otherwise.
322	322	SECTION 21. Section 317.010, Government Code, is repealed.
323	323	SECTION 22. The changes in law made by this Act do not
324	324	affect the validity of an appropriation made before September 1,
325	325	2023, for any part of the two consecutive state fiscal years ending
326	326	August 31, 2025.
327	327	SECTION 23. (a) This Act takes effect as provided by
328	328	Subsection (b) of this section, but only if the constitutional
329	329	amendment proposed by the 87th Legislature, Regular Session, 2021,
330	330	providing for an annual state budget and annual legislative
331	331	sessions for budget purposes is approved by the voters. If that
332	332	proposed constitutional amendment is not approved by the voters,
333	333	this Act has no effect.
334	334	(b) This section and Section 322.021, Government Code, as
335	335	added by this Act, take effect January 1, 2022. The other
336	336	provisions of this Act take effect September 1, 2023.