87R3490 BRG-D
By: Eckhardt S.B. No. 309
A BILL TO BE ENTITLED
AN ACT
relating to an annual state budget and legislative budget sessions
in even-numbered years and to political contributions made during a
legislative session.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.001, Government Code, is amended to
read as follows:
Sec. 301.001. TIME AND PLACE OF MEETING. (a) In each
odd-numbered year, the [The] legislature shall convene at the seat
of government in regular session at 12 noon on the second Tuesday in
January [of each odd-numbered year].
(b) In each even-numbered year, the legislature shall
convene at the seat of government in budget session at 12 noon on
the second Tuesday in January.
SECTION 2. Section 316.001, Government Code, is amended to
read as follows:
Sec. 316.001. LIMIT. The rate of growth of appropriations
in a state fiscal year [biennium] from state tax revenues not
dedicated by the constitution may not exceed the estimated rate of
growth of the state's economy.
SECTION 3. Sections 316.002(a), (b), and (e), Government
Code, are amended to read as follows:
(a) Before the Legislative Budget Board submits the budget
as prescribed by Section 322.008(c), the board shall establish:
(1) the estimated rate of growth of the state's economy
from the current fiscal year [biennium] to the next fiscal year
[biennium];
(2) the level of appropriations for the current fiscal
year [biennium] from state tax revenues not dedicated by the
constitution; and
(3) the amount of state tax revenues not dedicated by
the constitution that could be appropriated for the next fiscal
year [biennium] within the limit established by the estimated rate
of growth of the state's economy.
(b) Except as provided by Subsection (c), the board shall
determine the estimated rate of growth of the state's economy by
dividing the estimated Texas total personal income for the next
fiscal year [biennium] by the estimated Texas total personal income
for the current fiscal year [biennium]. Using standard statistical
methods, the board shall make the estimate by projecting through
the fiscal year [biennium] the estimated Texas total personal
income reported by the United States Department of Commerce or its
successor in function.
(e) In the absence of an action by the Legislative Budget
Board to adopt a spending limit as provided in Subsections (a) and
(b), the estimated rate of growth in the state's economy from the
current fiscal year [biennium] to the next fiscal year [biennium]
shall be treated as if it were zero, and the amount of state tax
revenues not dedicated by the constitution that could be
appropriated within the limit established by the estimated rate of
growth in the state's economy shall be the same as the level of
appropriations for the current fiscal year [biennium].
SECTION 4. Section 316.004, Government Code, is amended to
read as follows:
Sec. 316.004. PUBLIC HEARING. Not later than December 1 of
each [even-numbered] year, the Legislative Budget Board shall hold
a public hearing to solicit testimony regarding the proposed items
of information and the methodology used in making the calculations
required by Section 316.002.
SECTION 5. Section 316.008(a), Government Code, is amended
to read as follows:
(a) Unless the legislature adopts a resolution under
Article VIII, Section 22(b), of the Texas Constitution raising the
proposed limit on appropriations, the proposed limit is binding on
the legislature with respect to all appropriations for the next
fiscal year [biennium] made from state tax revenues not dedicated
by the constitution.
SECTION 6. Section 316.009, Government Code, is amended to
read as follows:
Sec. 316.009. SUBMISSION OF BILL BY GOVERNOR. The governor
may prepare a general appropriation bill and submit printed copies
of it to the lieutenant governor, the speaker of the house of
representatives, and each member of the legislature. The bill must
be submitted not later than:
(1) the 30th day of the legislature's regular session,
except that if a person is inaugurated as governor who was not
governor preceding the inauguration, the bill must be submitted not
later than the 20th day after the date of that inauguration; or
(2) the 30th day of the legislature's budget session.
SECTION 7. Section 316.045, Government Code, is amended to
read as follows:
Sec. 316.045. REDUCTION IN CERTAIN AGENCY FEES. (a) Each
state agency that sets the fees charged by that agency in amounts
that are reasonable and necessary to cover the administrative costs
of the agency shall review the amounts charged as fees on an annual
[a biennial] basis. The agency shall review the fees before the
beginning of each state fiscal year [biennium] and incorporate its
recommendations based on that review in its budget request
submitted to the Legislative Budget Board and the budget division
of the governor's office.
(b) If the agency determines that the fees are set at a level
that exceeds the administrative costs of the agency as of the date
of the review, the agency shall reduce the amount of the affected
fees to the appropriate level and shall charge the reduced fees
during the subsequent fiscal year [biennium]. Each agency shall
give specific recognition to reductions in salary expenses
resulting from statutorily directed employee attrition.
SECTION 8. Section 316.092(a), Government Code, is amended
to read as follows:
(a) For the purposes of adjusting the allocations of
transfers in accordance with Section 49-g(c-2), Article III, Texas
Constitution, and Section 316.093 for a state fiscal year
[biennium], the comptroller shall determine and adopt for the state
fiscal year [biennium] an amount equal to seven percent of the
certified general revenue-related appropriations made for that
state fiscal year [biennium].
SECTION 9. Sections 316.093(a), (b), and (c), Government
Code, are amended to read as follows:
(a) Before the comptroller makes transfers for a state
fiscal year in accordance with Section 49-g(c), Article III, Texas
Constitution, the comptroller shall determine whether the sum of
the balance of the fund on the preceding August 31, any projected
transfer to the fund under Section 49-g(b) of that article, and any
projected transfer to the fund under Section 49-g(c) of that
article in accordance with the allocations for the transfer as
provided by Section 49-g(c-1) of that article is less than the
amount determined under Section 316.092 for that state fiscal year
[biennium].
(b) If the sum described by Subsection (a) is less than the
amount determined under Section 316.092 for that state fiscal year
[biennium], the comptroller shall reduce the allocation to the
state highway fund provided by Section 49-g(c), Article III, Texas
Constitution, and increase the allocation to the economic
stabilization fund, in an equal amount, until the amount determined
under Section 316.092 for that state fiscal year [biennium] would
be achieved by the transfer to the fund or the total amount of the
sum described by Section 49-g(c), Article III, Texas Constitution,
is allocated to the fund, whichever occurs first.
(c) For the purposes of Section 49-g(c-2), Article III,
Texas Constitution, the comptroller shall adjust the allocation
provided by Section 49-g(c-1) of that article of amounts to be
transferred to the fund and to the state highway fund under Section
49-g(c) of that article in a state fiscal year beginning on or after
September 1, 2035, so that the total of those amounts is transferred
to the economic stabilization fund, except that the comptroller
shall reduce a transfer made under this subsection as necessary to
prevent the amount in the fund from exceeding the limit in effect
for that fiscal year [biennium] under Section 49-g(g) of that
article.
SECTION 10. Section 317.003(a), Government Code, is amended
to read as follows:
(a) The governor or Legislative Budget Board may make a
proposal at any time except during a [regular or special] session of
the legislature. A proposal may apply to an appropriation that has
been made for any specified fiscal year that has not ended at the
time the proposal is made.
SECTION 11. Section 317.007, Government Code, is amended to
read as follows:
Sec. 317.007. EXPIRATION OF PROPOSAL OR CONTINGENT ORDER.
A proposal made by the governor or board under this chapter expires
if the other entity does not adopt an order ratifying or changing
the proposal before the 31st day after the date the proposal is
published in the Texas Register. A contingent order adopted by the
governor or board under this chapter expires if the other entity
does not approve the order before the 31st day after the date the
proposal on which the order is based is published in the Texas
Register. A proposal or contingent order of either entity also
expires if a regular, budget, or special session of the legislature
begins before, respectively, the other entity has ratified the
proposal or has approved the contingent order.
SECTION 12. Section 317.008(b), Government Code, is amended
to read as follows:
(b) An order adopted under this chapter expires at the end
of the fiscal year to which by its terms it applies, except that an
order may specify an earlier expiration date [or a later date that
does not extend beyond the end of the biennium containing each
fiscal year to which the order applies].
SECTION 13. Section 317.052(c), Government Code, is amended
to read as follows:
(c) After the hearing, if any, the board shall determine
whether the application shows to the satisfaction of the board
that:
(1) the necessity of the computer equipment was
reasonably unforeseen when the current General Appropriations Act
was being considered and passed, or that sufficient appropriations
to purchase the equipment were inadvertently or erroneously omitted
from that Act;
(2) the applicant's current appropriations are
inadequate or unavailable to purchase the equipment;
(3) the applicant has obtained the approvals required
by law; and
(4) the applicant will not be required to make any
payments during the current state fiscal year [biennium] on the
interest and principal of the obligations issued by the Texas
Public Finance Authority.
SECTION 14. Sections 322.008(a), (c), and (d), Government
Code, are amended to read as follows:
(a) The director, under the direction of the board, shall
prepare the general appropriations bill for introduction at each
regular and budget [legislative] session of the legislature.
(c) Not later than the fifth day after a regular or budget
[legislative] session convenes, the director shall transmit a copy
of the budget of estimated appropriations prepared by the director
to the governor and each member of the legislature.
(d) Not later than the seventh day after a regular or budget
[legislative] session convenes, the director shall transmit a copy
of the general appropriations bill to the governor and each member
of the legislature.
SECTION 15. Chapter 322, Government Code, is amended by
adding Section 322.021 to read as follows:
Sec. 322.021. STUDY TO IMPLEMENT ANNUAL BUDGET. (a) The
board, with the assistance of the Texas Legislative Council, shall
examine the laws and operations of state government to determine
how the implementation of annual state budgets may affect those
laws and operations and shall adopt recommendations for legislative
and administrative action necessary to implement an annual budget
as effectively as practicable.
(b) The board shall make its initial recommendations under
this section not later than November 1, 2022.
SECTION 16. Section 403.121(a), Government Code, is amended
to read as follows:
(a) In the statement required by Article III, Section 49a,
of the Texas Constitution the comptroller shall list outstanding
appropriations that may exist after the end of the current fiscal
year but may not deduct them from the cash condition of the treasury
or the anticipated revenues of the next fiscal year [biennium] for
the purpose of certification. The comptroller shall base the
reports, estimates, and certifications of available funds on the
actual or estimated cash condition of the treasury and shall
consider outstanding and undisbursed appropriations at the end of
each fiscal year [biennium] as probable disbursements of the
succeeding fiscal year [biennium] in the same manner that earned
but uncollected income of a current fiscal year [biennium] is
considered in probable receipts of the succeeding fiscal year
[biennium]. The comptroller shall consider as probable
disbursements warrants that will be issued by the state before the
end of the fiscal year.
SECTION 17. The heading to Section 253.034, Election Code,
is amended to read as follows:
Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND
FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.
SECTION 18. Section 253.034, Election Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) During the period beginning on the 30th day before the
date a regular [legislative] session of the legislature convenes
and continuing through the 20th day after the date of final
adjournment of that regular session, a person may not knowingly
make a political contribution to:
(1) a statewide officeholder;
(2) a member of the legislature; or
(3) a specific-purpose committee for supporting,
opposing, or assisting a statewide officeholder or member of the
legislature.
(a-1) During a budget session of the legislature, a person
may not knowingly make a political contribution to:
(1) the governor or lieutenant governor;
(2) a member of or a candidate for election to the
legislature; or
(3) a specific-purpose committee for supporting,
opposing, or assisting the governor, the lieutenant governor, or a
member of or a candidate for election to the legislature.
(b) A statewide officeholder, a member of or a candidate for
election to the legislature, or a specific-purpose committee for
supporting, opposing, or assisting a statewide officeholder or a
member of or a candidate for election to the legislature may not
knowingly accept a political contribution, and shall refuse a
political contribution that is received, during an applicable [the]
period prescribed by Subsection (a) or (a-1). A political
contribution that is received and refused during that period shall
be returned to the contributor not later than the 30th day after the
date of receipt. A contribution made by United States mail or by
common or contract carrier is not considered received during a
[that] period if it was properly addressed and placed with postage
or carrier charges prepaid or prearranged in the mail or delivered
to the contract carrier before the beginning of the period. The
date indicated by the post office cancellation mark or the common or
contract carrier documents is considered to be the date the
contribution was placed in the mail or delivered to the common or
contract carrier unless proven otherwise.
(c) This section does not apply to a political contribution
that was made and accepted with the intent that it be used:
(1) in an election held or ordered during a [the]
period prescribed by Subsection (a) or (a-1) in which the person
accepting the contribution is a candidate if the contribution was
made after the person appointed a campaign treasurer with the
appropriate authority and before the person was sworn in for that
office;
(2) to defray expenses incurred in connection with an
election contest; or
(3) by a person who holds a state office or a member of
the legislature or by a specific-purpose political committee that
supports or assists only that person or member if the contribution
was made during the period prescribed by Subsection (a) and the
person or member was defeated at the general election held
immediately before the regular session is convened [or by a
specific-purpose political committee that supports or assists only
that person or member].
SECTION 19. The heading to Section 253.0341, Election Code,
is amended to read as follows:
Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO
LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET
[LEGISLATIVE] SESSION OF LEGISLATURE.
SECTION 20. Sections 253.0341(a) and (b), Election Code,
are amended to read as follows:
(a) During the period beginning on the 30th day before the
date a regular [legislative] session of the legislature convenes
and continuing through the 20th day after the date of final
adjournment, or at any time during a budget session of the
legislature, a person not a member of the caucus may not knowingly
make a contribution to a legislative caucus.
(b) A legislative caucus may not knowingly accept from a
nonmember a contribution, and shall refuse a contribution from a
nonmember that is received, during a [the] period prescribed by
Subsection (a). A contribution that is received and refused during
a [that] period prescribed by Subsection (a) shall be returned to
the contributor not later than the 30th day after the date of
receipt. A contribution made by United States mail or by common or
contract carrier is not considered received during a [that] period
if it was properly addressed and placed with postage or carrier
charges prepaid or prearranged in the mail or delivered to the
contract carrier before the beginning of the period. The date
indicated by the post office cancellation mark or the common or
contract carrier documents is considered to be the date the
contribution was placed in the mail or delivered to the common or
contract carrier unless proven otherwise.
SECTION 21. Section 317.010, Government Code, is repealed.
SECTION 22. The changes in law made by this Act do not
affect the validity of an appropriation made before September 1,
2023, for any part of the two consecutive state fiscal years ending
August 31, 2025.
SECTION 23. (a) This Act takes effect as provided by
Subsection (b) of this section, but only if the constitutional
amendment proposed by the 87th Legislature, Regular Session, 2021,
providing for an annual state budget and annual legislative
sessions for budget purposes is approved by the voters. If that
proposed constitutional amendment is not approved by the voters,
this Act has no effect.
(b) This section and Section 322.021, Government Code, as
added by this Act, take effect January 1, 2022. The other
provisions of this Act take effect September 1, 2023.