By: Toth H.J.R. No. 212
A JOINT RESOLUTION
proposing a constitutional amendment concerning the limitation on
the rate of growth in state and local appropriations with the return
of over-collected taxpayer money by reducing taxes.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
adding Section 22A to read as follows:
Sec. 22. (a) For purposes of this section, "all funds
appropriations" means appropriations from:
(1) the general revenue fund in the state or local treasury;
(2) a dedicated account in the general revenue fund in the
state or local treasury;
(3) a general revenue-related fund in the state treasury as
identified in the biennial statement required of the
comptroller under Section 49a, Article III, Texas
Constitution; and
(4) the other state funds, other local funds, and federal
funds in the state or local treasury.
(a) In each state fiscal biennium, the rate of growth of
appropriations from all revenue sources, and each local
fiscal year may not exceed the average taxpayer's ability to
pay for the cost of funding government.
(b) The Legislative Budget Board shall approve the
calculated rate using the available data and adopt the applicable
limit prior to the commencement of each regular state legislative
session and each local government shall use this determined rate.
(c) The state legislature or local entity may exceed the
limit imposed by this section only if:
1. Three-fourths of the members of each house of the state
legislature for the state budget and three-fourths of the
members of each local entity approve a resolution specifying
the amount of appropriations authorized above the limit and
identifying the nature of the emergency.
(d) Any over-collected taxpayer money will be returned to
them by reducing tax rates as determined by the state for the
state budget or local entity for the local entity's budget.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment concerning the
limitation on the rate of growth in state and local appropriations,
and any over-collected taxpayer money will be returned by lowering
taxes."
SECTION 3. This Act takes effect on the date on which the
constitutional amendment proposed by the 89th Legislature, Regular
Session, 2025, authorizing an appropriations limitation on state
and local governments in Texas. If that amendment is not approved
by the voters, this Act has no effect.