By: Yost H.J.R. No. 48
73R1390 JSA-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for annual
1-2 legislative sessions.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article III, Sections 5, 24, 28, and 49a, of the
1-5 Texas Constitution are amended to read as follows:
1-6 Sec. 5. (a) The Legislature shall meet every year <two
1-7 years> at such time as may be provided by law and at other times
1-8 when convened by the Governor. The regular meeting of the
1-9 Legislature in an odd-numbered year shall be known as the Regular
1-10 Session of the Legislature. The regular meeting of the Legislature
1-11 in an even-numbered year shall be known as the Budget Session of
1-12 the Legislature.
1-13 (b) The Regular Session is limited in duration to 100
1-14 consecutive days. When convened in Regular <regular> Session, the
1-15 first thirty days thereof shall be devoted to the introduction of
1-16 bills and resolutions, acting upon emergency appropriations,
1-17 passing upon the confirmation of the recess appointees of the
1-18 Governor and such emergency matters as may be submitted by the
1-19 Governor in special messages to the Legislature; provided that
1-20 during the succeeding thirty days of the Regular Session <regular
1-21 session> of the Legislature the various committees of each House
1-22 shall hold hearings to consider all bills and resolutions and other
1-23 matters then pending; and such emergency matters as may be
1-24 submitted by the Governor; provided further that during the
2-1 following <sixty> days the Legislature shall act upon such bills
2-2 and resolutions as may be then pending and upon such emergency
2-3 matters as may be submitted by the Governor in special messages to
2-4 the Legislature; provided, however, either House may otherwise
2-5 determine its order of business by an affirmative vote of
2-6 four-fifths of its membership.
2-7 (c) The Budget Session is limited in duration to 40
2-8 consecutive days. When convened in Budget Session, a House of the
2-9 Legislature may not consider a bill or proposed constitutional
2-10 amendment unless it relates to appropriations or state revenue,
2-11 proposes a local or special law, or, if approved by a two-thirds
2-12 vote of the membership of each House, relates to an emergency
2-13 matter submitted by the Governor in a special message to the
2-14 Legislature.
2-15 Sec. 24. (a) Members of the Legislature shall receive from
2-16 the Public Treasury a salary of Six Hundred Dollars ($600) per
2-17 month, unless a greater amount is recommended by the Texas Ethics
2-18 Commission and approved by the voters of this State in which case
2-19 the salary is that amount. Each member shall also receive a per
2-20 diem set by the Texas Ethics Commission for each day during each
2-21 <Regular and Special> Session of the Legislature.
2-22 (b) <No Regular Session shall be of longer duration than one
2-23 hundred and forty (140) days.>
2-24 <(c)> In addition to the per diem the Members of each House
2-25 shall be entitled to mileage at the same rate as prescribed by law
2-26 for employees of the State of Texas.
2-27 Sec. 28. The Legislature shall, at its first Regular Session
3-1 <regular session> after the publication of each United States
3-2 decennial census, apportion the state into senatorial and
3-3 representative districts, agreeable to the provisions of Sections
3-4 25, 26, and 26-a of this Article. In the event the Legislature
3-5 shall at any such first Regular Session <regular session> following
3-6 the publication of a United States decennial census, fail to make
3-7 such apportionment, same shall be done by the Legislative
3-8 Redistricting Board of Texas, which is hereby created, and shall be
3-9 composed of five (5) members, as follows: The Lieutenant Governor,
3-10 the Speaker of the House of Representatives, the Attorney General,
3-11 the Comptroller of Public Accounts and the Commissioner of the
3-12 General Land Office, a majority of whom shall constitute a quorum.
3-13 Said Board shall assemble in the City of Austin within ninety (90)
3-14 days after the final adjournment of such Regular Session <regular
3-15 session>. The Board shall, within sixty (60) days after
3-16 assembling, apportion the state into senatorial and representative
3-17 districts, or into senatorial or representative districts, as the
3-18 failure of action of such Legislature may make necessary. Such
3-19 apportionment shall be in writing and signed by three (3) or more
3-20 of the members of the Board duly acknowledged as the act and deed
3-21 of such Board, and, when so executed and filed with the Secretary
3-22 of State, shall have force and effect of law. Such apportionment
3-23 shall become effective at the next succeeding statewide general
3-24 election. The Supreme Court of Texas shall have jurisdiction to
3-25 compel such Board <Commission> to perform its duties in accordance
3-26 with the provisions of this section by writ of mandamus or other
3-27 extraordinary writs conformable to the usages of law. The
4-1 Legislature shall provide necessary funds for clerical and
4-2 technical aid and for other expenses incidental to the work of the
4-3 Board, and the Lieutenant Governor and the Speaker of the House of
4-4 Representatives shall be entitled to receive per diem and travel
4-5 expense during the Board's session in the same manner and amount as
4-6 they would receive while attending a special session of the
4-7 Legislature. <This amendment shall become effective January 1,
4-8 1951.>
4-9 Sec. 49a. (a) It shall be the duty of the Comptroller of
4-10 Public Accounts in advance of each Regular Session and Budget
4-11 Session of the Legislature to prepare and submit to the Governor
4-12 and to the Legislature upon its convening a statement under oath
4-13 showing fully the financial condition of the State Treasury at the
4-14 close of the last fiscal period and an estimate of the probable
4-15 receipts and disbursements for the then current fiscal year. There
4-16 shall also be contained in said statement an itemized estimate of
4-17 the anticipated revenue based on the laws then in effect that will
4-18 be received by and for the State from all sources showing the fund
4-19 accounts to be credited during each of the next two fiscal years
4-20 <the succeeding biennium> and said statement shall contain such
4-21 other information as may be required by law. Supplemental
4-22 statements shall be submitted at any Special Session of the
4-23 Legislature and at such other times as may be necessary to show
4-24 probable changes.
4-25 (b) Except <From and after January 1, 1945, save> in the
4-26 case of emergency and imperative public necessity and with a
4-27 four-fifths vote of the total membership of each House, no
5-1 appropriation in excess of the cash and anticipated revenue of the
5-2 funds from which such appropriation is to be made shall be valid.
5-3 No <From and after January 1, 1945, no> bill containing an
5-4 appropriation shall be considered as passed or be sent to the
5-5 Governor for consideration until and unless the Comptroller of
5-6 Public Accounts endorses his certificate thereon showing that the
5-7 amount appropriated is within the amount estimated to be available
5-8 in the affected funds. When the Comptroller finds an appropriation
5-9 bill exceeds the estimated revenue he shall endorse such finding
5-10 thereon and return to the House in which same originated. Such
5-11 information shall be immediately made known to both the House of
5-12 Representatives and the Senate and the necessary steps shall be
5-13 taken to bring such appropriation to within the revenue, either by
5-14 providing additional revenue or reducing the appropriation.
5-15 <For the purpose of financing the outstanding obligations of
5-16 the General Revenue Fund of the State and placing its current
5-17 accounts on a cash basis the Legislature of the State of Texas is
5-18 hereby authorized to provide for the issuance, sale, and retirement
5-19 of serial bonds, equal in principal to the total outstanding,
5-20 valid, and approved obligations owing by said fund on September 1,
5-21 1943, provided such bonds shall not draw interest in excess of two
5-22 (2) per cent per annum and shall mature within twenty (20) years
5-23 from date.>
5-24 SECTION 2. Article III, Section 49-g, of the Texas
5-25 Constitution, as proposed by H.J.R. No. 2, 70th Legislature,
5-26 Regular Session, 1987, is amended by amending Subsections (k) and
5-27 (l) to read as follows:
6-1 (k) Amounts from the economic stabilization fund may be
6-2 appropriated during a Regular Session of the Legislature <regular
6-3 legislative session> only for a purpose for which an appropriation
6-4 from general revenue was made by the preceding legislature.
6-5 Amounts from the fund may be appropriated during a Budget Session
6-6 only for a purpose for which an appropriation from general revenue
6-7 was made at a previous session of the legislature for the fiscal
6-8 year or biennium in which the Budget Session begins. Amounts from
6-9 the fund <and> may be appropriated in a special session only for a
6-10 purpose for which an appropriation from general revenue was made in
6-11 a preceding legislative session of the same legislature. An
6-12 appropriation from the economic stabilization fund may be made only
6-13 if the comptroller certifies that appropriations from general
6-14 revenue made by the preceding legislature for the current biennium
6-15 exceed available general revenues and cash balances for the
6-16 remainder of that biennium. The amount of an appropriation from
6-17 the economic stabilization fund may not exceed the difference
6-18 between the comptroller's estimate of general revenue for the
6-19 current biennium or, if the legislature has not established a
6-20 current biennium, for the current fiscal year at the time the
6-21 comptroller receives for certification the bill making the
6-22 appropriation and the amount of general revenue appropriations for
6-23 that biennium or fiscal year previously certified by the
6-24 comptroller. Appropriations from the economic stabilization fund
6-25 under this subsection may not extend beyond the last day of the
6-26 current biennium or, if the legislature has not established a
6-27 current biennium, the last day of the current fiscal year. An
7-1 appropriation from the economic stabilization fund must be approved
7-2 by a three-fifths vote of the members present in each house of the
7-3 legislature.
7-4 (l) If an estimate of total anticipated revenues for the
7-5 next two fiscal years <a succeeding biennium> prepared by the
7-6 comptroller pursuant to Article III, Section 49a, of this
7-7 constitution is less than the total revenues that are estimated at
7-8 the same time by the comptroller to be available for the current
7-9 fiscal year and that were available for the preceding fiscal year
7-10 <biennium>, the legislature may, by a three-fifths vote of the
7-11 members present in each house, appropriate for the succeeding
7-12 biennium from the economic stabilization fund an amount not to
7-13 exceed this difference. If the legislature makes appropriations
7-14 for a period that is less than the entire succeeding biennium, the
7-15 amount that may be appropriated from the fund shall be reduced
7-16 proportionately. Following each fiscal year, the actual amount of
7-17 revenue shall be computed, and if the estimated difference exceeds
7-18 the actual difference, the comptroller shall transfer the amount
7-19 necessary from general revenue to the economic stabilization fund
7-20 so that the actual difference shall not be exceeded. If all or a
7-21 portion of the difference in revenue <from one biennium to the
7-22 next> results, at least in part, from a change in a tax rate or
7-23 base adopted by the legislature, the computation of revenue
7-24 difference shall be adjusted to the amount that would have been
7-25 available had the rate or base not been changed.
7-26 SECTION 3. Article IV, Sections 3 and 9, of the Texas
7-27 Constitution are amended to read as follows:
8-1 Sec. 3. The returns of every election for said executive
8-2 officers, until otherwise provided by law, shall be made out,
8-3 sealed up, and transmitted by the returning officers prescribed by
8-4 law, to the seat of Government, directed to the Secretary of State,
8-5 who shall deliver the same to the Speaker of the House of
8-6 Representatives, as soon as the Speaker shall be chosen, and the
8-7 said Speaker shall, during the first week of the Regular Session
8-8 <session> of the Legislature, open and publish them in the presence
8-9 of both Houses of the Legislature. The person, voted for at said
8-10 election, having the highest number of votes for each of said
8-11 offices respectively, and being constitutionally eligible, shall be
8-12 declared by the Speaker, under sanction of the Legislature, to be
8-13 elected to said office. But, if two or more persons shall have the
8-14 highest and an equal number of votes for either of said offices,
8-15 one of them shall be immediately chosen to such office by joint
8-16 vote of both Houses of the Legislature. Contested elections for
8-17 either of said offices, shall be determined by both Houses of the
8-18 Legislature in joint session.
8-19 Sec. 9. The Governor shall, at the commencement of each
8-20 session of the Legislature, and at the close of his term of office,
8-21 give to the Legislature information, by message, of the condition
8-22 of the State; and he shall recommend to the Legislature such
8-23 measures as he may deem expedient. He shall account to the
8-24 Legislature for all public moneys received and paid out by him,
8-25 from any funds subject to his order, with vouchers; and shall
8-26 accompany his message with a statement of the same. And at the
8-27 commencement of each Regular Session and Budget Session <regular
9-1 session>, he shall present estimates of the amount of money
9-2 required to be raised by taxation for all purposes.
9-3 SECTION 4. Article IV, Section 12, Subsections (d) and (e),
9-4 of the Texas Constitution are amended to read as follows:
9-5 (d) If the Senate, at any <special> session other than a
9-6 Regular Session, does not take final action to confirm or reject a
9-7 previously unconfirmed recess appointee or another person nominated
9-8 to fill the vacancy for which the appointment was made:
9-9 (1) the Governor after the session may appoint another
9-10 person to fill the vacancy; and
9-11 (2) the appointee, if otherwise qualified and if not
9-12 removed as provided by law, is entitled to continue in office until
9-13 the earlier of the following occurs:
9-14 (A) the Senate rejects the appointee at a
9-15 subsequent session; or
9-16 (B) the Governor appoints another person to fill
9-17 the vacancy under Subdivision (1) of this subsection.
9-18 (e) If the Senate, at a Regular Session <regular session>,
9-19 does not take final action to confirm or reject a previously
9-20 unconfirmed recess appointee or another person nominated to fill
9-21 the vacancy for which the appointment was made, the appointee or
9-22 other person, as appropriate, is considered to be rejected by the
9-23 Senate when the Senate session ends.
9-24 SECTION 5. Article V, Section 7a, Subsection (d), of the
9-25 Texas Constitution is amended to read as follows:
9-26 (d) The reapportionment powers of the board shall be
9-27 exercised in the interims between Regular Sessions <regular
10-1 sessions> of the legislature, except that a reapportionment may not
10-2 be ordered by the board during an interim immediately following a
10-3 Regular Session <regular session> of the legislature in which a
10-4 valid and subsisting statewide apportionment of judicial districts
10-5 is enacted by the legislature. The board has other powers and
10-6 duties as provided by the legislature and shall exercise its powers
10-7 under the policies, rules, standards, and conditions, not
10-8 inconsistent with this section, that the legislature provides.
10-9 SECTION 6. Article VII, Section 17, Subsection (a), of the
10-10 Texas Constitution is amended to read as follows:
10-11 (a) In the fiscal year beginning September 1, 1985, and each
10-12 fiscal year thereafter, there is hereby appropriated out of the
10-13 first money coming into the state treasury not otherwise
10-14 appropriated by the constitution $100 million to be used by
10-15 eligible agencies and institutions of higher education for the
10-16 purpose of acquiring land either with or without permanent
10-17 improvements, constructing and equipping buildings or other
10-18 permanent improvements, major repair or rehabilitation of buildings
10-19 or other permanent improvements, and acquisition of capital
10-20 equipment, library books and library materials. During the Regular
10-21 Session or Budget Session <regular session> of the legislature that
10-22 is nearest, but preceding, the beginning of each fifth fiscal year
10-23 dating from September 1, 1985, the legislature may by two-thirds
10-24 vote of the membership of each house adjust the amount of the
10-25 constitutional appropriation for the ensuing five years but may not
10-26 adjust the appropriation in such a way as to impair any obligation
10-27 created by the issuance of bonds or notes in accordance with this
11-1 section.
11-2 SECTION 7. Article VIII, Section 6, of the Texas
11-3 Constitution is amended to read as follows:
11-4 Sec. 6. (a) No money shall be drawn from the Treasury but
11-5 in pursuance of specific appropriations made by law.
11-6 (b) No<; nor shall any> appropriation of money may be made
11-7 for a longer term than two years<, except by the first Legislature
11-8 to assemble under this Constitution, which may make the necessary
11-9 appropriations to carry on the government until the assemblage of
11-10 the sixteenth Legislature>.
11-11 SECTION 8. Article XVII, Section 1, of the Texas
11-12 Constitution is amended to read as follows:
11-13 Sec. 1. (a) The Legislature, at any Regular Session
11-14 <regular session>, or at any Budget Session or special session when
11-15 the matter is included within the purposes for which the session is
11-16 convened, may propose amendments revising the Constitution, to be
11-17 voted upon by the qualified electors for statewide offices and
11-18 propositions, as defined in the Constitution and statutes of this
11-19 State. The date of the elections shall be specified by the
11-20 Legislature. The proposal for submission must be approved by a
11-21 vote of two-thirds of all the members elected to each House,
11-22 entered by yeas and nays on the journals.
11-23 (b) A brief explanatory statement of the nature of a
11-24 proposed amendment, together with the date of the election and the
11-25 wording of the proposition as it is to appear on the ballot, shall
11-26 be published twice in each newspaper in the State which meets
11-27 requirements set by the Legislature for the publication of official
12-1 notices of officers and departments of the state government. The
12-2 explanatory statement shall be prepared by the Secretary of State
12-3 and shall be approved by the Attorney General. The Secretary of
12-4 State shall send a full and complete copy of the proposed amendment
12-5 or amendments to each county clerk who shall post the same in a
12-6 public place in the courthouse at least 30 days prior to the
12-7 election on said amendment. The first notice shall be published
12-8 not more than 60 days nor less than 50 days before the date of the
12-9 election, and the second notice shall be published on the same day
12-10 in the succeeding week. The Legislature shall fix the standards
12-11 for the rate of charge for the publication, which may not be higher
12-12 than the newspaper's published national rate for advertising per
12-13 column inch.
12-14 (c) The election shall be held in accordance with procedures
12-15 prescribed by the Legislature, and the returning officer in each
12-16 county shall make returns to the Secretary of State of the number
12-17 of legal votes cast at the election for and against each amendment.
12-18 If it appears from the returns that a majority of the votes cast
12-19 have been cast in favor of an amendment, it shall become a part of
12-20 this Constitution, and proclamation thereof shall be made by the
12-21 Governor.
12-22 SECTION 9. Article XI, Section 13, Subsection (b), of the
12-23 Texas Constitution is repealed.
12-24 SECTION 10. This proposed constitutional amendment shall be
12-25 submitted to the voters at an election to be held on November 2,
12-26 1993. The ballot shall be printed to provide for voting for or
12-27 against the proposition: "The constitutional amendment providing
13-1 for annual sessions of the legislature for budgetary purposes."