1-1  By:  Wentworth                                        S.B. No. 1017
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Finance; April 22, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 10, Nays 2; April 22, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner                     x                       
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins                     x                       
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker             x                               
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21  COMMITTEE SUBSTITUTE FOR S.B. No. 1017                 By:  Ratliff
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to implementation of legislative budget sessions  in
   1-25  even-numbered years and to related changes in the date of the
   1-26  runoff primary election and other election laws.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Section 301.001, Government Code, is amended to
   1-29  read as follows:
   1-30        Sec. 301.001.  Time of Meeting.  (a)  In each odd-numbered
   1-31  year, the <The> legislature shall convene in regular session at 12
   1-32  noon on the second Tuesday in January <of each odd-numbered year>.
   1-33        (b)  In each even-numbered year, the legislature shall
   1-34  convene in budget session at 12 noon on the first Thursday in
   1-35  April.
   1-36        SECTION 2.  Subsection (a), Section 317.003, Government Code,
   1-37  is amended to read as follows:
   1-38        (a)  The governor or Legislative Budget Board may make a
   1-39  proposal at any time except during a <regular or special> session
   1-40  of the legislature.  A proposal may apply to an appropriation that
   1-41  has been made for any specified fiscal year that has not ended at
   1-42  the time the proposal is made.
   1-43        SECTION 3.  Subsection (a), Section 403.121, Government Code,
   1-44  is amended to read as follows:
   1-45        (a)  In the statement required by Article III, Section 49a,
   1-46  of the Texas Constitution the comptroller shall list outstanding
   1-47  appropriations that may exist after the end of the current fiscal
   1-48  year but may not deduct them from the cash condition of the
   1-49  treasury or the anticipated revenues of the next fiscal year or
   1-50  biennium for the purpose of certification.  The comptroller shall
   1-51  base the reports, estimates, and certifications of available funds
   1-52  on the actual or estimated cash condition of the treasury and shall
   1-53  consider outstanding and undisbursed appropriations at the end of
   1-54  each fiscal year or biennium as probable disbursements of the
   1-55  succeeding fiscal year or biennium in the same manner that earned
   1-56  but uncollected income of a current fiscal year or biennium is
   1-57  considered in probable receipts of the succeeding fiscal year or
   1-58  biennium.  The comptroller shall consider as probable disbursements
   1-59  warrants that will be issued by the state before the end of the
   1-60  fiscal year.
   1-61        SECTION 4.  Section 41.006, Election Code, is amended to read
   1-62  as follows:
   1-63        Sec. 41.006.  Adjusting Election Schedule.  (a)  If under
   1-64  this subchapter an election is held on a date other than a date
   1-65  prescribed by other law, the date for a runoff election, the
   1-66  deadline for filing for candidacy, and the schedule for canvassing
   1-67  election returns, declaring results, or performing any other
   1-68  official act relating to the election shall be adjusted to allow
    2-1  the same interval of time in relation to the date of the election
    2-2  as would be provided by application of the other law.
    2-3        (b)  The secretary of state by rule may adjust the dates and
    2-4  schedules provided by law for any official act relating to the
    2-5  conduct of the general primary election or runoff primary election
    2-6  as necessary to allow the runoff primary election to be held on the
    2-7  date provided by Section 41.007.
    2-8        SECTION 5.  Subsection (b), Section 41.007, Election Code, is
    2-9  amended to read as follows:
   2-10        (b)  The runoff primary election date is the third <second>
   2-11  Tuesday <in April> following the date of the general primary
   2-12  election.
   2-13        SECTION 6.  Subsection (a), Section 253.034, Election Code,
   2-14  is amended to read as follows:
   2-15        (a)  During the period beginning on the 30th day  before the
   2-16  date a regular legislative session convenes and continuing through
   2-17  the day of final adjournment of that regular session, a person may
   2-18  not knowingly make a political contribution to:
   2-19              (1)  a statewide officeholder;
   2-20              (2)  a member of the legislature; or
   2-21              (3)  a specific-purpose committee for supporting,
   2-22  opposing, or assisting a statewide officeholder or member of the
   2-23  legislature.
   2-24        SECTION 7.  Section 254.0391, Election Code, is amended to
   2-25  read as follows:
   2-26        Sec. 254.0391.  REPORT DURING BUDGET OR SPECIAL <LEGISLATIVE>
   2-27  SESSION OF LEGISLATURE.  (a)  A statewide officeholder, a member of
   2-28  the legislature, or a specific-purpose committee for supporting,
   2-29  opposing, or assisting a statewide officeholder or member of the
   2-30  legislature, or a candidate for statewide office or the legislature
   2-31  or a specific-purpose committee for supporting or opposing the
   2-32  candidate, that accepts a political contribution during the period
   2-33  beginning on the date a budget session of the legislature convenes
   2-34  and continuing through the date of final adjournment of that budget
   2-35  session or during the period beginning on the date the governor
   2-36  signs the proclamation calling a special <legislative> session of
   2-37  the legislature and continuing through the date of final
   2-38  adjournment of that special session shall report the contribution
   2-39  to the commission not later than the 30th day after the date of
   2-40  final adjournment.
   2-41        (b)  A determination to accept or refuse the political
   2-42  contribution shall be made not later than the third day after the
   2-43  date the contribution is received.
   2-44        (c)  Each report required by this section must include the
   2-45  amount of the political contribution, the full name and address of
   2-46  the person making the contribution, and the date of the
   2-47  contribution.
   2-48        (d)  A report is not required under this section if a person
   2-49  covered by Subsection (a) is required to file another report under
   2-50  this chapter not later than the 10th day after the date a report
   2-51  required under this section would be due.
   2-52        (e)  A report is not required under this section following
   2-53  final adjournment of a budget session of a person covered by
   2-54  Subsection (a) who is required by this chapter to file a report not
   2-55  later than the next July 15 following final adjournment of the
   2-56  budget session.
   2-57        SECTION 8.  This Act takes effect when the constitutional
   2-58  amendment proposed by the 73rd Legislature, providing for budget
   2-59  sessions of the legislature in even-numbered years, is approved by
   2-60  the voters.  If that proposed constitutional amendment is not
   2-61  approved by the voters, this Act has no effect.
   2-62        SECTION 9.  The importance of this legislation and the
   2-63  crowded condition of the calendars in both houses create an
   2-64  emergency and an imperative public necessity that the
   2-65  constitutional rule requiring bills to be read on three several
   2-66  days in each house be suspended, and this rule is hereby suspended.
   2-67                               * * * * *
   2-68                                                         Austin,
   2-69  Texas
   2-70                                                         April 22, 1993
    3-1  Hon. Bob Bullock
    3-2  President of the Senate
    3-3  Sir:
    3-4  We, your Committee on Finance to which was referred S.B. No. 1017,
    3-5  have had the same under consideration, and I am instructed to
    3-6  report it back to the Senate with the recommendation that it do not
    3-7  pass, but that the Committee Substitute adopted in lieu thereof do
    3-8  pass and be printed.
    3-9                                                         Montford,
   3-10  Chairman
   3-11                               * * * * *
   3-12                               WITNESSES
   3-13  No witnesses appeared on S.B. No. 1017.