By: Wentworth, et al. S.J.R. No. 42
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for a 55-day budget
1-2 session of the legislature in even-numbered years and an annual
1-3 state budget.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article III, Sections 5, 24, 28, and 49a, of the
1-6 Texas Constitution are amended to read as follows:
1-7 Sec. 5. (a) The Legislature shall meet every year <two
1-8 years> at such time as may be provided by law and at other times
1-9 when convened by the Governor. The regular meeting of the
1-10 Legislature in an odd-numbered year shall be known as the Regular
1-11 Session of the Legislature. The regular meeting of the Legislature
1-12 in an even-numbered year shall be known as the Budget Session of
1-13 the Legislature.
1-14 (b) The Regular Session is limited in duration to 140
1-15 consecutive days. When convened in Regular <regular> Session, the
1-16 first thirty days thereof shall be devoted to the introduction of
1-17 bills and resolutions, acting upon emergency appropriations,
1-18 passing upon the confirmation of the recess appointees of the
1-19 Governor and such emergency matters as may be submitted by the
1-20 Governor in special messages to the Legislature; provided that
1-21 during the succeeding thirty days of the Regular Session <regular
1-22 session> of the Legislature the various committees of each House
1-23 shall hold hearings to consider all bills and resolutions and other
2-1 matters then pending; and such emergency matters as may be
2-2 submitted by the Governor; provided further that during the
2-3 following <sixty> days the Legislature shall act upon such bills
2-4 and resolutions as may be then pending and upon such emergency
2-5 matters as may be submitted by the Governor in special messages to
2-6 the Legislature; provided, however, either House may otherwise
2-7 determine its order of business by an affirmative vote of
2-8 four-fifths of its membership.
2-9 (c) The Budget Session is limited in duration to 55
2-10 consecutive days. When convened in Budget Session, a House of the
2-11 Legislature may not consider a bill or proposed constitutional
2-12 amendment on a matter other than:
2-13 (1) appropriations or state revenue;
2-14 (2) an emergency matter submitted by the Governor in a
2-15 special message to the Legislature; or
2-16 (3) the repeal of a law.
2-17 Sec. 24. (a) Members of the Legislature shall receive from
2-18 the Public Treasury a salary of Six Hundred Dollars ($600) per
2-19 month, unless a greater amount is recommended by the Texas Ethics
2-20 Commission and approved by the voters of this State in which case
2-21 the salary is that amount. Each member shall also receive a per
2-22 diem set by the Texas Ethics Commission for each day during each
2-23 <Regular and Special> Session of the Legislature.
2-24 (b) <No Regular Session shall be of longer duration than one
2-25 hundred and forty (140) days.>
3-1 <(c)> In addition to the per diem the Members of each House
3-2 shall be entitled to mileage at the same rate as prescribed by law
3-3 for employees of the State of Texas.
3-4 Sec. 28. The Legislature shall, at its first Regular Session
3-5 <regular session> after the publication of each United States
3-6 decennial census, apportion the state into senatorial and
3-7 representative districts, agreeable to the provisions of Sections
3-8 25, 26, and 26-a of this Article. In the event the Legislature
3-9 shall at any such first Regular Session <regular session> following
3-10 the publication of a United States decennial census, fail to make
3-11 such apportionment, same shall be done by the Legislative
3-12 Redistricting Board of Texas, which is hereby created, and shall be
3-13 composed of five (5) members, as follows: The Lieutenant Governor,
3-14 the Speaker of the House of Representatives, the Attorney General,
3-15 the Comptroller of Public Accounts and the Commissioner of the
3-16 General Land Office, a majority of whom shall constitute a quorum.
3-17 Said Board shall assemble in the City of Austin within ninety (90)
3-18 days after the final adjournment of such Regular Session <regular
3-19 session>. The Board shall, within sixty (60) days after
3-20 assembling, apportion the state into senatorial and representative
3-21 districts, or into senatorial or representative districts, as the
3-22 failure of action of such Legislature may make necessary. Such
3-23 apportionment shall be in writing and signed by three (3) or more
3-24 of the members of the Board duly acknowledged as the act and deed
3-25 of such Board, and, when so executed and filed with the Secretary
4-1 of State, shall have force and effect of law. Such apportionment
4-2 shall become effective at the next succeeding statewide general
4-3 election. The Supreme Court of Texas shall have jurisdiction to
4-4 compel such Board <Commission> to perform its duties in accordance
4-5 with the provisions of this section by writ of mandamus or other
4-6 extraordinary writs conformable to the usages of law. The
4-7 Legislature shall provide necessary funds for clerical and
4-8 technical aid and for other expenses incidental to the work of the
4-9 Board, and the Lieutenant Governor and the Speaker of the House of
4-10 Representatives shall be entitled to receive per diem and travel
4-11 expense during the Board's session in the same manner and amount as
4-12 they would receive while attending a special session of the
4-13 Legislature. <This amendment shall become effective January 1,
4-14 1951.>
4-15 Sec. 49a. (a) It shall be the duty of the Comptroller of
4-16 Public Accounts in advance of each Regular Session and Budget
4-17 Session of the Legislature to prepare and submit to the Governor
4-18 and to the Legislature upon its convening a statement under oath
4-19 showing fully the financial condition of the State Treasury at the
4-20 close of the last fiscal period and an estimate of the probable
4-21 receipts and disbursements for the then current fiscal year. There
4-22 shall also be contained in said statement an itemized estimate of
4-23 the anticipated revenue based on the laws then in effect that will
4-24 be received by and for the State from all sources showing the fund
4-25 accounts to be credited during each of the next two fiscal years
5-1 <the succeeding biennium> and said statement shall contain such
5-2 other information as may be required by law. Supplemental
5-3 statements shall be submitted at any Special Session of the
5-4 Legislature and at such other times as may be necessary to show
5-5 probable changes.
5-6 (b) Except <From and after January 1, 1945, save> in the
5-7 case of emergency and imperative public necessity and with a
5-8 four-fifths vote of the total membership of each House, no
5-9 appropriation in excess of the cash and anticipated revenue of the
5-10 funds from which such appropriation is to be made shall be valid.
5-11 No <From and after January 1, 1945, no> bill containing an
5-12 appropriation shall be considered as passed or be sent to the
5-13 Governor for consideration until and unless the Comptroller of
5-14 Public Accounts endorses his certificate thereon showing that the
5-15 amount appropriated is within the amount estimated to be available
5-16 in the affected funds. When the Comptroller finds an appropriation
5-17 bill exceeds the estimated revenue he shall endorse such finding
5-18 thereon and return to the House in which same originated. Such
5-19 information shall be immediately made known to both the House of
5-20 Representatives and the Senate and the necessary steps shall be
5-21 taken to bring such appropriation to within the revenue, either by
5-22 providing additional revenue or reducing the appropriation.
5-23 <For the purpose of financing the outstanding obligations of
5-24 the General Revenue Fund of the State and placing its current
5-25 accounts on a cash basis the Legislature of the State of Texas is
6-1 hereby authorized to provide for the issuance, sale, and retirement
6-2 of serial bonds, equal in principal to the total outstanding,
6-3 valid, and approved obligations owing by said fund on September 1,
6-4 1943, provided such bonds shall not draw interest in excess of two
6-5 (2) per cent per annum and shall mature within twenty (20) years
6-6 from date.>
6-7 SECTION 2. Article III, Section 49-g, of the Texas
6-8 Constitution, as proposed by H.J.R. No. 2, 70th Legislature,
6-9 Regular Session, 1987, is redesignated as Article III, Section
6-10 49-g-1, and amended to read as follows:
6-11 Sec. 49-g-1 <49-g>. (a) The economic stabilization fund is
6-12 established as a special fund in the state treasury.
6-13 (b) The comptroller shall, not later than the 90th day of
6-14 each fiscal year <biennium>, transfer to the economic stabilization
6-15 fund one-half of any unencumbered positive balance of general
6-16 revenues on the last day of the preceding fiscal year <biennium>.
6-17 If necessary, the comptroller shall reduce the amount transferred
6-18 in proportion to the other amounts prescribed by this section to
6-19 prevent the amount in the fund from exceeding the limit in effect
6-20 <for that biennium> under Subsection (g) of this section.
6-21 (c) Not later than the 90th day of each fiscal year, the
6-22 comptroller of public accounts shall transfer from general revenue
6-23 to the economic stabilization fund the amounts prescribed by
6-24 Subsections (d) and (e) of this section. However, if necessary,
6-25 the comptroller shall reduce proportionately the amounts
7-1 transferred to prevent the amount in the fund from exceeding the
7-2 limit in effect <for that biennium> under Subsection (g) of this
7-3 section.
7-4 (d) If in the preceding fiscal year the state received from
7-5 oil production taxes a net amount greater than the net amount of
7-6 oil production taxes received by the state in the fiscal year
7-7 ending August 31, 1987, the comptroller shall transfer to the
7-8 economic stabilization fund an amount equal to 75 percent of the
7-9 difference between those amounts. The comptroller shall retain the
7-10 remaining 25 percent of the difference as general revenue. In
7-11 computing the net amount of oil production taxes received, the
7-12 comptroller may not consider refunds paid as a result of oil
7-13 overcharge litigation.
7-14 (e) If in the preceding fiscal year the state received from
7-15 gas production taxes a net amount greater than the net amount of
7-16 gas production taxes received by the state in the fiscal year
7-17 ending August 31, 1987, the comptroller shall transfer to the
7-18 economic stabilization fund an amount equal to 75 percent of the
7-19 difference between those amounts. The comptroller shall retain the
7-20 remaining 25 percent of the difference as general revenue. For the
7-21 purposes of this subsection, the comptroller shall adjust his
7-22 computation of revenues to reflect only 12 months of collection.
7-23 (f) The legislature may appropriate additional amounts to
7-24 the economic stabilization fund.
7-25 (g) During each fiscal year <biennium>, the amount in the
8-1 economic stabilization fund may not exceed an amount equal to 10
8-2 percent of the total amount, excluding investment income, interest
8-3 income, and amounts borrowed from special funds, deposited in
8-4 general revenue during the preceding fiscal year <biennium>.
8-5 (h) In preparing an estimate of anticipated revenues for a
8-6 succeeding fiscal year or biennium as required by Article III,
8-7 Section 49a, of this constitution, the comptroller shall estimate
8-8 the amount of the transfers that will be made under Subsections
8-9 (b), (d), and (e) of this section. The comptroller shall deduct
8-10 that amount from the estimate of anticipated revenues as if the
8-11 transfers were made on August 31 of each <that> fiscal year.
8-12 (i) The state treasurer shall credit to general revenue
8-13 interest due to the economic stabilization fund that would result
8-14 in an amount in the economic stabilization fund that exceeds the
8-15 limit in effect under Subsection (g) of this section.
8-16 (j) The comptroller, with the consent of the state
8-17 treasurer, may transfer money from the economic stabilization fund
8-18 to general revenue to prevent or eliminate a temporary cash
8-19 deficiency in general revenue. The comptroller shall return the
8-20 amount transferred to the economic stabilization fund as soon as
8-21 practicable, but not later than August 31 of each <odd-numbered>
8-22 year. The state treasurer shall allocate the depository interest
8-23 as if the transfers had not been made. If the comptroller submits
8-24 a statement to the governor and the legislature under Article III,
8-25 Section 49a, of this constitution when money from the economic
9-1 stabilization fund is in general revenue, the comptroller shall
9-2 state that the transferred money is not available for appropriation
9-3 from general revenue.
9-4 (k) Amounts from the economic stabilization fund may be
9-5 appropriated during a Regular Session <regular legislative session>
9-6 only for a purpose for which an appropriation from general revenue
9-7 was made by the preceding legislature and may be appropriated in a
9-8 Budget Session or Special Session <special session> only for a
9-9 purpose for which an appropriation from general revenue was made in
9-10 a preceding legislative session of the same legislature. An
9-11 appropriation from the economic stabilization fund may be made only
9-12 if the comptroller certifies that appropriations from general
9-13 revenue made by the preceding legislature for the current fiscal
9-14 year <biennium> exceed available general revenues and cash balances
9-15 for the remainder of that fiscal year <biennium>. The amount of an
9-16 appropriation from the economic stabilization fund may not exceed
9-17 the difference between the comptroller's estimate of general
9-18 revenue for the current fiscal year <biennium> at the time the
9-19 comptroller receives for certification the bill making the
9-20 appropriation and the amount of general revenue appropriations for
9-21 that fiscal year <biennium> previously certified by the
9-22 comptroller. Appropriations from the economic stabilization fund
9-23 under this subsection may not extend beyond the last day of the
9-24 current fiscal year <biennium>. An appropriation from the economic
9-25 stabilization fund must be approved by a three-fifths vote of the
10-1 members present in each house of the legislature.
10-2 (l) If an estimate of anticipated revenues for a succeeding
10-3 fiscal year <biennium> prepared by the comptroller pursuant to
10-4 Article III, Section 49a, of this constitution is less than the
10-5 revenues that are estimated at the same time by the comptroller to
10-6 be available for the current fiscal year <biennium>, the
10-7 legislature may, by a three-fifths vote of the members present in
10-8 each house, appropriate for the succeeding fiscal year <biennium>
10-9 from the economic stabilization fund an amount not to exceed this
10-10 difference. Following each fiscal year, the actual amount of
10-11 revenue shall be computed, and if the estimated difference exceeds
10-12 the actual difference, the comptroller shall transfer the amount
10-13 necessary from general revenue to the economic stabilization fund
10-14 so that the actual difference shall not be exceeded. If all or a
10-15 portion of the difference in revenue from one fiscal year
10-16 <biennium> to the next results, at least in part, from a change in
10-17 a tax rate or base adopted by the legislature, the computation of
10-18 revenue difference shall be adjusted to the amount that would have
10-19 been available had the rate or base not been changed.
10-20 (m) In addition to the appropriation authority provided by
10-21 Subsections (k) and (l) of this section, the legislature may, by a
10-22 two-thirds vote of the members present in each house, appropriate
10-23 amounts from the economic stabilization fund at any time and for
10-24 any purpose.
10-25 (n) Money appropriated from the economic stabilization fund
11-1 is subject to being withheld or transferred, within any limits
11-2 provided by statute, by any person or entity authorized to exercise
11-3 the power granted by Article XVI, Section 69, of this constitution.
11-4 (o) In this section, "net" means the amount of money that is
11-5 equal to the difference between gross collections and refunds
11-6 before the comptroller allocates the receipts as provided by law.
11-7 SECTION 3. Article IV, Sections 3 and 9, of the Texas
11-8 Constitution are amended to read as follows:
11-9 Sec. 3. The returns of every election for said executive
11-10 officers, until otherwise provided by law, shall be made out,
11-11 sealed up, and transmitted by the returning officers prescribed by
11-12 law, to the seat of Government, directed to the Secretary of State,
11-13 who shall deliver the same to the Speaker of the House of
11-14 Representatives, as soon as the Speaker shall be chosen, and the
11-15 said Speaker shall, during the first week of the Regular Session
11-16 <session> of the Legislature, open and publish them in the presence
11-17 of both Houses of the Legislature. The person, voted for at said
11-18 election, having the highest number of votes for each of said
11-19 offices respectively, and being constitutionally eligible, shall be
11-20 declared by the Speaker, under sanction of the Legislature, to be
11-21 elected to said office. But, if two or more persons shall have the
11-22 highest and an equal number of votes for either of said offices,
11-23 one of them shall be immediately chosen to such office by joint
11-24 vote of both Houses of the Legislature. Contested elections for
11-25 either of said offices, shall be determined by both Houses of the
12-1 Legislature in joint session.
12-2 Sec. 9. The Governor shall, at the commencement of each
12-3 session of the Legislature, and at the close of his term of office,
12-4 give to the Legislature information, by message, of the condition
12-5 of the State; and he shall recommend to the Legislature such
12-6 measures as he may deem expedient. He shall account to the
12-7 Legislature for all public moneys received and paid out by him,
12-8 from any funds subject to his order, with vouchers; and shall
12-9 accompany his message with a statement of the same. And at the
12-10 commencement of each Regular Session and Budget Session <regular
12-11 session>, he shall present estimates of the amount of money
12-12 required to be raised by taxation for all purposes.
12-13 SECTION 4. Article IV, Section 12, Subsections (d) and (e),
12-14 of the Texas Constitution are amended to read as follows:
12-15 (d) If the Senate, at any <special> session other than a
12-16 Regular Session, does not take final action to confirm or reject a
12-17 previously unconfirmed recess appointee or another person nominated
12-18 to fill the vacancy for which the appointment was made:
12-19 (1) the Governor after the session may appoint another
12-20 person to fill the vacancy; and
12-21 (2) the appointee, if otherwise qualified and if not
12-22 removed as provided by law, is entitled to continue in office until
12-23 the earlier of the following occurs:
12-24 (A) the Senate rejects the appointee at a
12-25 subsequent session; or
13-1 (B) the Governor appoints another person to fill
13-2 the vacancy under Subdivision (1) of this subsection.
13-3 (e) If the Senate, at a Regular Session <regular session>,
13-4 does not take final action to confirm or reject a previously
13-5 unconfirmed recess appointee or another person nominated to fill
13-6 the vacancy for which the appointment was made, the appointee or
13-7 other person, as appropriate, is considered to be rejected by the
13-8 Senate when the Senate session ends.
13-9 SECTION 5. Article V, Section 7a, Subsection (d), of the
13-10 Texas Constitution is amended to read as follows:
13-11 (d) The reapportionment powers of the board shall be
13-12 exercised in the interims between Regular Sessions <regular
13-13 sessions> of the legislature, except that a reapportionment may not
13-14 be ordered by the board during an interim immediately following a
13-15 Regular Session <regular session> of the legislature in which a
13-16 valid and subsisting statewide apportionment of judicial districts
13-17 is enacted by the legislature. The board has other powers and
13-18 duties as provided by the legislature and shall exercise its powers
13-19 under the policies, rules, standards, and conditions, not
13-20 inconsistent with this section, that the legislature provides.
13-21 SECTION 6. Article VII, Section 17, Subsection (a), of the
13-22 Texas Constitution is amended to read as follows:
13-23 (a) In the fiscal year beginning September 1, 1985, and each
13-24 fiscal year thereafter, there is hereby appropriated out of the
13-25 first money coming into the state treasury not otherwise
14-1 appropriated by the constitution $100 million to be used by
14-2 eligible agencies and institutions of higher education for the
14-3 purpose of acquiring land either with or without permanent
14-4 improvements, constructing and equipping buildings or other
14-5 permanent improvements, major repair or rehabilitation of buildings
14-6 or other permanent improvements, and acquisition of capital
14-7 equipment, library books and library materials. During the Regular
14-8 Session or Budget Session <regular session> of the legislature that
14-9 is nearest, but preceding, the beginning of each fifth fiscal year
14-10 dating from September 1, 1985, the legislature may by two-thirds
14-11 vote of the membership of each house adjust the amount of the
14-12 constitutional appropriation for the ensuing five years but may not
14-13 adjust the appropriation in such a way as to impair any obligation
14-14 created by the issuance of bonds or notes in accordance with this
14-15 section.
14-16 SECTION 7. Article VIII, Section 6, of the Texas
14-17 Constitution is amended to read as follows:
14-18 Sec. 6. (a) No money shall be drawn from the Treasury but
14-19 in pursuance of specific appropriations made by law.
14-20 (b) No<; nor shall any> appropriation of money may be made
14-21 for a longer term than one year <two years, except by the first
14-22 Legislature to assemble under this Constitution, which may make the
14-23 necessary appropriations to carry on the government until the
14-24 assemblage of the sixteenth Legislature>.
14-25 (c) Subsection (b) of this section does not apply to an
15-1 appropriation made before January 1, 1994. Before that date, an
15-2 appropriation may be made for a term not to exceed two years. This
15-3 subsection expires January 1, 1996.
15-4 SECTION 8. Article VIII, Section 22(a), of the Texas
15-5 Constitution is amended to read as follows:
15-6 (a) In no fiscal year <biennium> shall the rate of growth of
15-7 appropriations from state tax revenues not dedicated by this
15-8 constitution exceed the estimated rate of growth of the state's
15-9 economy. The legislature shall provide by general law procedures
15-10 to implement this subsection.
15-11 SECTION 9. Article XI, Section 13, of the Texas Constitution
15-12 is amended to read as follows:
15-13 Sec. 13. <(a)> Notwithstanding any other provision of this
15-14 constitution, the legislature may by law define for all purposes
15-15 those functions of a municipality that are to be considered
15-16 governmental and those that are proprietary, including
15-17 reclassifying a function's classification assigned under prior
15-18 statute or common law.
15-19 <(b) This section applies to laws enacted by the 70th
15-20 Legislature, Regular Session, 1987, and to all subsequent regular
15-21 or special sessions of the legislature.>
15-22 SECTION 10. Article XVII, Section 1, of the Texas
15-23 Constitution is amended to read as follows:
15-24 Sec. 1. (a) The Legislature, at any Regular Session
15-25 <regular session>, or at any Budget Session or special session when
16-1 the matter is included within the purposes for which the session is
16-2 convened, may propose amendments revising the Constitution, to be
16-3 voted upon by the qualified electors for statewide offices and
16-4 propositions, as defined in the Constitution and statutes of this
16-5 State. The date of the elections shall be specified by the
16-6 Legislature. The proposal for submission must be approved by a
16-7 vote of two-thirds of all the members elected to each House,
16-8 entered by yeas and nays on the journals.
16-9 (b) A brief explanatory statement of the nature of a
16-10 proposed amendment, together with the date of the election and the
16-11 wording of the proposition as it is to appear on the ballot, shall
16-12 be published twice in each newspaper in the State which meets
16-13 requirements set by the Legislature for the publication of official
16-14 notices of officers and departments of the state government. The
16-15 explanatory statement shall be prepared by the Secretary of State
16-16 and shall be approved by the Attorney General. The Secretary of
16-17 State shall send a full and complete copy of the proposed amendment
16-18 or amendments to each county clerk who shall post the same in a
16-19 public place in the courthouse at least 30 days prior to the
16-20 election on said amendment. The first notice shall be published
16-21 not more than 60 days nor less than 50 days before the date of the
16-22 election, and the second notice shall be published on the same day
16-23 in the succeeding week. The Legislature shall fix the standards
16-24 for the rate of charge for the publication, which may not be higher
16-25 than the newspaper's published national rate for advertising per
17-1 column inch.
17-2 (c) The election shall be held in accordance with procedures
17-3 prescribed by the Legislature, and the returning officer in each
17-4 county shall make returns to the Secretary of State of the number
17-5 of legal votes cast at the election for and against each amendment.
17-6 If it appears from the returns that a majority of the votes cast
17-7 have been cast in favor of an amendment, it shall become a part of
17-8 this Constitution, and proclamation thereof shall be made by the
17-9 Governor.
17-10 SECTION 11. This proposed constitutional amendment shall be
17-11 submitted to the voters at an election to be held on November 2,
17-12 1993. The ballot shall be printed to provide for voting for or
17-13 against the proposition: "The constitutional amendment providing
17-14 for a 55-day budget session of the legislature in each
17-15 even-numbered year and for an annual state budget."