By: Wentworth S.B. No. 1017
A BILL TO BE ENTITLED
AN ACT
1-1 relating to implementation of legislative budget sessions in
1-2 even-numbered years and to related changes in the date of the
1-3 runoff primary election and other election laws.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 301.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 301.001. Time of Meeting. (a) In each odd-numbered
1-8 year, the <The> legislature shall convene in regular session at 12
1-9 noon on the second Tuesday in January <of each odd-numbered year>.
1-10 (b) In each even-numbered year, the legislature shall
1-11 convene in budget session at 12 noon on the first Thursday in
1-12 April.
1-13 SECTION 2. Subsection (a), Section 317.003, Government Code,
1-14 is amended to read as follows:
1-15 (a) The governor or Legislative Budget Board may make a
1-16 proposal at any time except during a <regular or special> session
1-17 of the legislature. A proposal may apply to an appropriation that
1-18 has been made for any specified fiscal year that has not ended at
1-19 the time the proposal is made.
1-20 SECTION 3. Subsection (a), Section 403.121, Government Code,
1-21 is amended to read as follows:
1-22 (a) In the statement required by Article III, Section 49a,
1-23 of the Texas Constitution the comptroller shall list outstanding
1-24 appropriations that may exist after the end of the current fiscal
2-1 year but may not deduct them from the cash condition of the
2-2 treasury or the anticipated revenues of the next fiscal year or
2-3 biennium for the purpose of certification. The comptroller shall
2-4 base the reports, estimates, and certifications of available funds
2-5 on the actual or estimated cash condition of the treasury and shall
2-6 consider outstanding and undisbursed appropriations at the end of
2-7 each fiscal year or biennium as probable disbursements of the
2-8 succeeding fiscal year or biennium in the same manner that earned
2-9 but uncollected income of a current fiscal year or biennium is
2-10 considered in probable receipts of the succeeding fiscal year or
2-11 biennium. The comptroller shall consider as probable disbursements
2-12 warrants that will be issued by the state before the end of the
2-13 fiscal year.
2-14 SECTION 4. Section 41.006, Election Code, is amended to read
2-15 as follows:
2-16 Sec. 41.006. Adjusting Election Schedule. (a) If under
2-17 this subchapter an election is held on a date other than a date
2-18 prescribed by other law, the date for a runoff election, the
2-19 deadline for filing for candidacy, and the schedule for canvassing
2-20 election returns, declaring results, or performing any other
2-21 official act relating to the election shall be adjusted to allow
2-22 the same interval of time in relation to the date of the election
2-23 as would be provided by application of the other law.
2-24 (b) The secretary of state by rule may adjust the dates and
2-25 schedules provided by law for any official act relating to the
2-26 conduct of the general primary election or runoff primary election
2-27 as necessary to allow the runoff primary election to be held on the
3-1 date provided by Section 41.007.
3-2 SECTION 5. Subsection (b), Section 41.007, Election Code, is
3-3 amended to read as follows:
3-4 (b) The runoff primary election date is the third <second>
3-5 Tuesday <in April> following the date of the general primary
3-6 election.
3-7 SECTION 6. Subsection (a), Section 253.034, Election Code,
3-8 is amended to read as follows:
3-9 (a) During the period beginning on the 30th day before the
3-10 date a regular legislative session convenes and continuing through
3-11 the day of final adjournment of that regular session, a person may
3-12 not knowingly make a political contribution to:
3-13 (1) a statewide officeholder;
3-14 (2) a member of the legislature; or
3-15 (3) a specific-purpose committee for supporting,
3-16 opposing, or assisting a statewide officeholder or member of the
3-17 legislature.
3-18 SECTION 7. Section 254.0391, Election Code, is amended to
3-19 read as follows:
3-20 Sec. 254.0391. REPORT DURING BUDGET OR SPECIAL <LEGISLATIVE>
3-21 SESSION OF LEGISLATURE. (a) A statewide officeholder, a member of
3-22 the legislature, or a specific-purpose committee for supporting,
3-23 opposing, or assisting a statewide officeholder or member of the
3-24 legislature, or a candidate for statewide office or the legislature
3-25 or a specific-purpose committee for supporting or opposing the
3-26 candidate, that accepts a political contribution during the period
3-27 beginning on the date a budget session of the legislature convenes
4-1 and continuing through the date of final adjournment of that budget
4-2 session or during the period beginning on the date the governor
4-3 signs the proclamation calling a special <legislative> session of
4-4 the legislature and continuing through the date of final
4-5 adjournment of that special session shall report the contribution
4-6 to the commission not later than the 30th day after the date of
4-7 final adjournment.
4-8 (b) A determination to accept or refuse the political
4-9 contribution shall be made not later than the third day after the
4-10 date the contribution is received.
4-11 (c) Each report required by this section must include the
4-12 amount of the political contribution, the full name and address of
4-13 the person making the contribution, and the date of the
4-14 contribution.
4-15 (d) A report is not required under this section if a person
4-16 covered by Subsection (a) is required to file another report under
4-17 this chapter not later than the 10th day after the date a report
4-18 required under this section would be due.
4-19 (e) A report is not required under this section following
4-20 final adjournment of a budget session of a person covered by
4-21 Subsection (a) who is required by this chapter to file a report not
4-22 later than the next July 15 following final adjournment of the
4-23 budget session.
4-24 SECTION 8. This Act takes effect when the constitutional
4-25 amendment proposed by the 73rd Legislature, providing for budget
4-26 sessions of the legislature in even-numbered years, is approved by
4-27 the voters. If that proposed constitutional amendment is not
5-1 approved by the voters, this Act has no effect.
5-2 SECTION 9. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.