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.