1-1 By: Wentworth, et al. S.J.R. No. 42
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.J.R. No. 42 By: Parker
1-22 SENATE JOINT RESOLUTION
1-23 proposing a constitutional amendment providing for a 55-day budget
1-24 session of the legislature in even-numbered years and an annual
1-25 state budget.
1-26 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Article III, Sections 5, 24, 28, and 49a, of the
1-28 Texas Constitution are amended to read as follows:
1-29 Sec. 5. (a) The Legislature shall meet every year <two
1-30 years> at such time as may be provided by law and at other times
1-31 when convened by the Governor. The regular meeting of the
1-32 Legislature in an odd-numbered year shall be known as the Regular
1-33 Session of the Legislature. The regular meeting of the Legislature
1-34 in an even-numbered year shall be known as the Budget Session of
1-35 the Legislature.
1-36 (b) The Regular Session is limited in duration to 140
1-37 consecutive days. When convened in Regular <regular> Session, the
1-38 first thirty days thereof shall be devoted to the introduction of
1-39 bills and resolutions, acting upon emergency appropriations,
1-40 passing upon the confirmation of the recess appointees of the
1-41 Governor and such emergency matters as may be submitted by the
1-42 Governor in special messages to the Legislature; provided that
1-43 during the succeeding thirty days of the Regular Session <regular
1-44 session> of the Legislature the various committees of each House
1-45 shall hold hearings to consider all bills and resolutions and other
1-46 matters then pending; and such emergency matters as may be
1-47 submitted by the Governor; provided further that during the
1-48 following <sixty> days the Legislature shall act upon such bills
1-49 and resolutions as may be then pending and upon such emergency
1-50 matters as may be submitted by the Governor in special messages to
1-51 the Legislature; provided, however, either House may otherwise
1-52 determine its order of business by an affirmative vote of
1-53 four-fifths of its membership.
1-54 (c) The Budget Session is limited in duration to 55
1-55 consecutive days. When convened in Budget Session, a House of the
1-56 Legislature may not consider a bill or proposed constitutional
1-57 amendment on a matter other than:
1-58 (1) appropriations or state revenue;
1-59 (2) an emergency matter submitted by the Governor in a
1-60 special message to the Legislature; or
1-61 (3) the repeal of a law.
1-62 Sec. 24. (a) Members of the Legislature shall receive from
1-63 the Public Treasury a salary of Six Hundred Dollars ($600) per
1-64 month, unless a greater amount is recommended by the Texas Ethics
1-65 Commission and approved by the voters of this State in which case
1-66 the salary is that amount. Each member shall also receive a per
1-67 diem set by the Texas Ethics Commission for each day during each
1-68 <Regular and Special> Session of the Legislature.
2-1 (b) <No Regular Session shall be of longer duration than one
2-2 hundred and forty (140) days.>
2-3 <(c)> In addition to the per diem the Members of each House
2-4 shall be entitled to mileage at the same rate as prescribed by law
2-5 for employees of the State of Texas.
2-6 Sec. 28. The Legislature shall, at its first Regular Session
2-7 <regular session> after the publication of each United States
2-8 decennial census, apportion the state into senatorial and
2-9 representative districts, agreeable to the provisions of Sections
2-10 25, 26, and 26-a of this Article. In the event the Legislature
2-11 shall at any such first Regular Session <regular session> following
2-12 the publication of a United States decennial census, fail to make
2-13 such apportionment, same shall be done by the Legislative
2-14 Redistricting Board of Texas, which is hereby created, and shall be
2-15 composed of five (5) members, as follows: The Lieutenant Governor,
2-16 the Speaker of the House of Representatives, the Attorney General,
2-17 the Comptroller of Public Accounts and the Commissioner of the
2-18 General Land Office, a majority of whom shall constitute a quorum.
2-19 Said Board shall assemble in the City of Austin within ninety (90)
2-20 days after the final adjournment of such Regular Session <regular
2-21 session>. The Board shall, within sixty (60) days after
2-22 assembling, apportion the state into senatorial and representative
2-23 districts, or into senatorial or representative districts, as the
2-24 failure of action of such Legislature may make necessary. Such
2-25 apportionment shall be in writing and signed by three (3) or more
2-26 of the members of the Board duly acknowledged as the act and deed
2-27 of such Board, and, when so executed and filed with the Secretary
2-28 of State, shall have force and effect of law. Such apportionment
2-29 shall become effective at the next succeeding statewide general
2-30 election. The Supreme Court of Texas shall have jurisdiction to
2-31 compel such Board <Commission> to perform its duties in accordance
2-32 with the provisions of this section by writ of mandamus or other
2-33 extraordinary writs conformable to the usages of law. The
2-34 Legislature shall provide necessary funds for clerical and
2-35 technical aid and for other expenses incidental to the work of the
2-36 Board, and the Lieutenant Governor and the Speaker of the House of
2-37 Representatives shall be entitled to receive per diem and travel
2-38 expense during the Board's session in the same manner and amount as
2-39 they would receive while attending a special session of the
2-40 Legislature. <This amendment shall become effective January 1,
2-41 1951.>
2-42 Sec. 49a. (a) It shall be the duty of the Comptroller of
2-43 Public Accounts in advance of each Regular Session and Budget
2-44 Session of the Legislature to prepare and submit to the Governor
2-45 and to the Legislature upon its convening a statement under oath
2-46 showing fully the financial condition of the State Treasury at the
2-47 close of the last fiscal period and an estimate of the probable
2-48 receipts and disbursements for the then current fiscal year. There
2-49 shall also be contained in said statement an itemized estimate of
2-50 the anticipated revenue based on the laws then in effect that will
2-51 be received by and for the State from all sources showing the fund
2-52 accounts to be credited during each of the next two fiscal years
2-53 <the succeeding biennium> and said statement shall contain such
2-54 other information as may be required by law. Supplemental
2-55 statements shall be submitted at any Special Session of the
2-56 Legislature and at such other times as may be necessary to show
2-57 probable changes.
2-58 (b) Except <From and after January 1, 1945, save> in the
2-59 case of emergency and imperative public necessity and with a
2-60 four-fifths vote of the total membership of each House, no
2-61 appropriation in excess of the cash and anticipated revenue of the
2-62 funds from which such appropriation is to be made shall be valid.
2-63 No <From and after January 1, 1945, no> bill containing an
2-64 appropriation shall be considered as passed or be sent to the
2-65 Governor for consideration until and unless the Comptroller of
2-66 Public Accounts endorses his certificate thereon showing that the
2-67 amount appropriated is within the amount estimated to be available
2-68 in the affected funds. When the Comptroller finds an appropriation
2-69 bill exceeds the estimated revenue he shall endorse such finding
2-70 thereon and return to the House in which same originated. Such
3-1 information shall be immediately made known to both the House of
3-2 Representatives and the Senate and the necessary steps shall be
3-3 taken to bring such appropriation to within the revenue, either by
3-4 providing additional revenue or reducing the appropriation.
3-5 <For the purpose of financing the outstanding obligations of
3-6 the General Revenue Fund of the State and placing its current
3-7 accounts on a cash basis the Legislature of the State of Texas is
3-8 hereby authorized to provide for the issuance, sale, and retirement
3-9 of serial bonds, equal in principal to the total outstanding,
3-10 valid, and approved obligations owing by said fund on September 1,
3-11 1943, provided such bonds shall not draw interest in excess of two
3-12 (2) per cent per annum and shall mature within twenty (20) years
3-13 from date.>
3-14 SECTION 2. Article III, Section 49-g, of the Texas
3-15 Constitution, as proposed by H.J.R. No. 2, 70th Legislature,
3-16 Regular Session, 1987, is redesignated as Article III, Section
3-17 49-g-1, and amended to read as follows:
3-18 Sec. 49-g-1 <49-g>. (a) The economic stabilization fund is
3-19 established as a special fund in the state treasury.
3-20 (b) The comptroller shall, not later than the 90th day of
3-21 each fiscal year <biennium>, transfer to the economic stabilization
3-22 fund one-half of any unencumbered positive balance of general
3-23 revenues on the last day of the preceding fiscal year <biennium>.
3-24 If necessary, the comptroller shall reduce the amount transferred
3-25 in proportion to the other amounts prescribed by this section to
3-26 prevent the amount in the fund from exceeding the limit in effect
3-27 <for that biennium> under Subsection (g) of this section.
3-28 (c) Not later than the 90th day of each fiscal year, the
3-29 comptroller of public accounts shall transfer from general revenue
3-30 to the economic stabilization fund the amounts prescribed by
3-31 Subsections (d) and (e) of this section. However, if necessary,
3-32 the comptroller shall reduce proportionately the amounts
3-33 transferred to prevent the amount in the fund from exceeding the
3-34 limit in effect <for that biennium> under Subsection (g) of this
3-35 section.
3-36 (d) If in the preceding fiscal year the state received from
3-37 oil production taxes a net amount greater than the net amount of
3-38 oil production taxes received by the state in the fiscal year
3-39 ending August 31, 1987, the comptroller shall transfer to the
3-40 economic stabilization fund an amount equal to 75 percent of the
3-41 difference between those amounts. The comptroller shall retain the
3-42 remaining 25 percent of the difference as general revenue. In
3-43 computing the net amount of oil production taxes received, the
3-44 comptroller may not consider refunds paid as a result of oil
3-45 overcharge litigation.
3-46 (e) If in the preceding fiscal year the state received from
3-47 gas production taxes a net amount greater than the net amount of
3-48 gas production taxes received by the state in the fiscal year
3-49 ending August 31, 1987, the comptroller shall transfer to the
3-50 economic stabilization fund an amount equal to 75 percent of the
3-51 difference between those amounts. The comptroller shall retain the
3-52 remaining 25 percent of the difference as general revenue. For the
3-53 purposes of this subsection, the comptroller shall adjust his
3-54 computation of revenues to reflect only 12 months of collection.
3-55 (f) The legislature may appropriate additional amounts to
3-56 the economic stabilization fund.
3-57 (g) During each fiscal year <biennium>, the amount in the
3-58 economic stabilization fund may not exceed an amount equal to 10
3-59 percent of the total amount, excluding investment income, interest
3-60 income, and amounts borrowed from special funds, deposited in
3-61 general revenue during the preceding fiscal year <biennium>.
3-62 (h) In preparing an estimate of anticipated revenues for a
3-63 succeeding fiscal year or biennium as required by Article III,
3-64 Section 49a, of this constitution, the comptroller shall estimate
3-65 the amount of the transfers that will be made under Subsections
3-66 (b), (d), and (e) of this section. The comptroller shall deduct
3-67 that amount from the estimate of anticipated revenues as if the
3-68 transfers were made on August 31 of each <that> fiscal year.
3-69 (i) The state treasurer shall credit to general revenue
3-70 interest due to the economic stabilization fund that would result
4-1 in an amount in the economic stabilization fund that exceeds the
4-2 limit in effect under Subsection (g) of this section.
4-3 (j) The comptroller, with the consent of the state
4-4 treasurer, may transfer money from the economic stabilization fund
4-5 to general revenue to prevent or eliminate a temporary cash
4-6 deficiency in general revenue. The comptroller shall return the
4-7 amount transferred to the economic stabilization fund as soon as
4-8 practicable, but not later than August 31 of each <odd-numbered>
4-9 year. The state treasurer shall allocate the depository interest
4-10 as if the transfers had not been made. If the comptroller submits
4-11 a statement to the governor and the legislature under Article III,
4-12 Section 49a, of this constitution when money from the economic
4-13 stabilization fund is in general revenue, the comptroller shall
4-14 state that the transferred money is not available for appropriation
4-15 from general revenue.
4-16 (k) Amounts from the economic stabilization fund may be
4-17 appropriated during a Regular Session <regular legislative session>
4-18 only for a purpose for which an appropriation from general revenue
4-19 was made by the preceding legislature and may be appropriated in a
4-20 Budget Session or Special Session <special session> only for a
4-21 purpose for which an appropriation from general revenue was made in
4-22 a preceding legislative session of the same legislature. An
4-23 appropriation from the economic stabilization fund may be made only
4-24 if the comptroller certifies that appropriations from general
4-25 revenue made by the preceding legislature for the current fiscal
4-26 year <biennium> exceed available general revenues and cash balances
4-27 for the remainder of that fiscal year <biennium>. The amount of an
4-28 appropriation from the economic stabilization fund may not exceed
4-29 the difference between the comptroller's estimate of general
4-30 revenue for the current fiscal year <biennium> at the time the
4-31 comptroller receives for certification the bill making the
4-32 appropriation and the amount of general revenue appropriations for
4-33 that fiscal year <biennium> previously certified by the
4-34 comptroller. Appropriations from the economic stabilization fund
4-35 under this subsection may not extend beyond the last day of the
4-36 current fiscal year <biennium>. An appropriation from the economic
4-37 stabilization fund must be approved by a three-fifths vote of the
4-38 members present in each house of the legislature.
4-39 (l) If an estimate of anticipated revenues for a succeeding
4-40 fiscal year <biennium> prepared by the comptroller pursuant to
4-41 Article III, Section 49a, of this constitution is less than the
4-42 revenues that are estimated at the same time by the comptroller to
4-43 be available for the current fiscal year <biennium>, the
4-44 legislature may, by a three-fifths vote of the members present in
4-45 each house, appropriate for the succeeding fiscal year <biennium>
4-46 from the economic stabilization fund an amount not to exceed this
4-47 difference. Following each fiscal year, the actual amount of
4-48 revenue shall be computed, and if the estimated difference exceeds
4-49 the actual difference, the comptroller shall transfer the amount
4-50 necessary from general revenue to the economic stabilization fund
4-51 so that the actual difference shall not be exceeded. If all or a
4-52 portion of the difference in revenue from one fiscal year
4-53 <biennium> to the next results, at least in part, from a change in
4-54 a tax rate or base adopted by the legislature, the computation of
4-55 revenue difference shall be adjusted to the amount that would have
4-56 been available had the rate or base not been changed.
4-57 (m) In addition to the appropriation authority provided by
4-58 Subsections (k) and (l) of this section, the legislature may, by a
4-59 two-thirds vote of the members present in each house, appropriate
4-60 amounts from the economic stabilization fund at any time and for
4-61 any purpose.
4-62 (n) Money appropriated from the economic stabilization fund
4-63 is subject to being withheld or transferred, within any limits
4-64 provided by statute, by any person or entity authorized to exercise
4-65 the power granted by Article XVI, Section 69, of this constitution.
4-66 (o) In this section, "net" means the amount of money that is
4-67 equal to the difference between gross collections and refunds
4-68 before the comptroller allocates the receipts as provided by law.
4-69 SECTION 3. Article IV, Sections 3 and 9, of the Texas
4-70 Constitution are amended to read as follows:
5-1 Sec. 3. The returns of every election for said executive
5-2 officers, until otherwise provided by law, shall be made out,
5-3 sealed up, and transmitted by the returning officers prescribed by
5-4 law, to the seat of Government, directed to the Secretary of State,
5-5 who shall deliver the same to the Speaker of the House of
5-6 Representatives, as soon as the Speaker shall be chosen, and the
5-7 said Speaker shall, during the first week of the Regular Session
5-8 <session> of the Legislature, open and publish them in the presence
5-9 of both Houses of the Legislature. The person, voted for at said
5-10 election, having the highest number of votes for each of said
5-11 offices respectively, and being constitutionally eligible, shall be
5-12 declared by the Speaker, under sanction of the Legislature, to be
5-13 elected to said office. But, if two or more persons shall have the
5-14 highest and an equal number of votes for either of said offices,
5-15 one of them shall be immediately chosen to such office by joint
5-16 vote of both Houses of the Legislature. Contested elections for
5-17 either of said offices, shall be determined by both Houses of the
5-18 Legislature in joint session.
5-19 Sec. 9. The Governor shall, at the commencement of each
5-20 session of the Legislature, and at the close of his term of office,
5-21 give to the Legislature information, by message, of the condition
5-22 of the State; and he shall recommend to the Legislature such
5-23 measures as he may deem expedient. He shall account to the
5-24 Legislature for all public moneys received and paid out by him,
5-25 from any funds subject to his order, with vouchers; and shall
5-26 accompany his message with a statement of the same. And at the
5-27 commencement of each Regular Session and Budget Session <regular
5-28 session>, he shall present estimates of the amount of money
5-29 required to be raised by taxation for all purposes.
5-30 SECTION 4. Article IV, Section 12, Subsections (d) and (e),
5-31 of the Texas Constitution are amended to read as follows:
5-32 (d) If the Senate, at any <special> session other than a
5-33 Regular Session, does not take final action to confirm or reject a
5-34 previously unconfirmed recess appointee or another person nominated
5-35 to fill the vacancy for which the appointment was made:
5-36 (1) the Governor after the session may appoint another
5-37 person to fill the vacancy; and
5-38 (2) the appointee, if otherwise qualified and if not
5-39 removed as provided by law, is entitled to continue in office until
5-40 the earlier of the following occurs:
5-41 (A) the Senate rejects the appointee at a
5-42 subsequent session; or
5-43 (B) the Governor appoints another person to fill
5-44 the vacancy under Subdivision (1) of this subsection.
5-45 (e) If the Senate, at a Regular Session <regular session>,
5-46 does not take final action to confirm or reject a previously
5-47 unconfirmed recess appointee or another person nominated to fill
5-48 the vacancy for which the appointment was made, the appointee or
5-49 other person, as appropriate, is considered to be rejected by the
5-50 Senate when the Senate session ends.
5-51 SECTION 5. Article V, Section 7a, Subsection (d), of the
5-52 Texas Constitution is amended to read as follows:
5-53 (d) The reapportionment powers of the board shall be
5-54 exercised in the interims between Regular Sessions <regular
5-55 sessions> of the legislature, except that a reapportionment may not
5-56 be ordered by the board during an interim immediately following a
5-57 Regular Session <regular session> of the legislature in which a
5-58 valid and subsisting statewide apportionment of judicial districts
5-59 is enacted by the legislature. The board has other powers and
5-60 duties as provided by the legislature and shall exercise its powers
5-61 under the policies, rules, standards, and conditions, not
5-62 inconsistent with this section, that the legislature provides.
5-63 SECTION 6. Article VII, Section 17, Subsection (a), of the
5-64 Texas Constitution is amended to read as follows:
5-65 (a) In the fiscal year beginning September 1, 1985, and each
5-66 fiscal year thereafter, there is hereby appropriated out of the
5-67 first money coming into the state treasury not otherwise
5-68 appropriated by the constitution $100 million to be used by
5-69 eligible agencies and institutions of higher education for the
5-70 purpose of acquiring land either with or without permanent
6-1 improvements, constructing and equipping buildings or other
6-2 permanent improvements, major repair or rehabilitation of buildings
6-3 or other permanent improvements, and acquisition of capital
6-4 equipment, library books and library materials. During the Regular
6-5 Session or Budget Session <regular session> of the legislature that
6-6 is nearest, but preceding, the beginning of each fifth fiscal year
6-7 dating from September 1, 1985, the legislature may by two-thirds
6-8 vote of the membership of each house adjust the amount of the
6-9 constitutional appropriation for the ensuing five years but may not
6-10 adjust the appropriation in such a way as to impair any obligation
6-11 created by the issuance of bonds or notes in accordance with this
6-12 section.
6-13 SECTION 7. Article VIII, Section 6, of the Texas
6-14 Constitution is amended to read as follows:
6-15 Sec. 6. (a) No money shall be drawn from the Treasury but
6-16 in pursuance of specific appropriations made by law.
6-17 (b) No<; nor shall any> appropriation of money may be made
6-18 for a longer term than one year <two years, except by the first
6-19 Legislature to assemble under this Constitution, which may make the
6-20 necessary appropriations to carry on the government until the
6-21 assemblage of the sixteenth Legislature>.
6-22 (c) Subsection (b) of this section does not apply to an
6-23 appropriation made before January 1, 1994. Before that date, an
6-24 appropriation may be made for a term not to exceed two years. This
6-25 subsection expires January 1, 1996.
6-26 SECTION 8. Article VIII, Section 22(a), of the Texas
6-27 Constitution is amended to read as follows:
6-28 (a) In no fiscal year <biennium> shall the rate of growth of
6-29 appropriations from state tax revenues not dedicated by this
6-30 constitution exceed the estimated rate of growth of the state's
6-31 economy. The legislature shall provide by general law procedures
6-32 to implement this subsection.
6-33 SECTION 9. Article XI, Section 13, of the Texas Constitution
6-34 is amended to read as follows:
6-35 Sec. 13. <(a)> Notwithstanding any other provision of this
6-36 constitution, the legislature may by law define for all purposes
6-37 those functions of a municipality that are to be considered
6-38 governmental and those that are proprietary, including
6-39 reclassifying a function's classification assigned under prior
6-40 statute or common law.
6-41 <(b) This section applies to laws enacted by the 70th
6-42 Legislature, Regular Session, 1987, and to all subsequent regular
6-43 or special sessions of the legislature.>
6-44 SECTION 10. Article XVII, Section 1, of the Texas
6-45 Constitution is amended to read as follows:
6-46 Sec. 1. (a) The Legislature, at any Regular Session
6-47 <regular session>, or at any Budget Session or special session when
6-48 the matter is included within the purposes for which the session is
6-49 convened, may propose amendments revising the Constitution, to be
6-50 voted upon by the qualified electors for statewide offices and
6-51 propositions, as defined in the Constitution and statutes of this
6-52 State. The date of the elections shall be specified by the
6-53 Legislature. The proposal for submission must be approved by a
6-54 vote of two-thirds of all the members elected to each House,
6-55 entered by yeas and nays on the journals.
6-56 (b) A brief explanatory statement of the nature of a
6-57 proposed amendment, together with the date of the election and the
6-58 wording of the proposition as it is to appear on the ballot, shall
6-59 be published twice in each newspaper in the State which meets
6-60 requirements set by the Legislature for the publication of official
6-61 notices of officers and departments of the state government. The
6-62 explanatory statement shall be prepared by the Secretary of State
6-63 and shall be approved by the Attorney General. The Secretary of
6-64 State shall send a full and complete copy of the proposed amendment
6-65 or amendments to each county clerk who shall post the same in a
6-66 public place in the courthouse at least 30 days prior to the
6-67 election on said amendment. The first notice shall be published
6-68 not more than 60 days nor less than 50 days before the date of the
6-69 election, and the second notice shall be published on the same day
6-70 in the succeeding week. The Legislature shall fix the standards
7-1 for the rate of charge for the publication, which may not be higher
7-2 than the newspaper's published national rate for advertising per
7-3 column inch.
7-4 (c) The election shall be held in accordance with procedures
7-5 prescribed by the Legislature, and the returning officer in each
7-6 county shall make returns to the Secretary of State of the number
7-7 of legal votes cast at the election for and against each amendment.
7-8 If it appears from the returns that a majority of the votes cast
7-9 have been cast in favor of an amendment, it shall become a part of
7-10 this Constitution, and proclamation thereof shall be made by the
7-11 Governor.
7-12 SECTION 11. This proposed constitutional amendment shall be
7-13 submitted to the voters at an election to be held on November 2,
7-14 1993. The ballot shall be printed to provide for voting for or
7-15 against the proposition: "The constitutional amendment providing
7-16 for a 55-day budget session of the legislature in each
7-17 even-numbered year and for an annual state budget."
7-18 * * * * *
7-19 Austin,
7-20 Texas
7-21 April 22, 1993
7-22 Hon. Bob Bullock
7-23 President of the Senate
7-24 Sir:
7-25 We, your Committee on Finance to which was referred S.J.R. No. 42,
7-26 have had the same under consideration, and I am instructed to
7-27 report it back to the Senate with the recommendation that it do not
7-28 pass, but that the Committee Substitute adopted in lieu thereof do
7-29 pass and be printed.
7-30 Montford,
7-31 Chairman
7-32 * * * * *
7-33 WITNESSES
7-34 No witnesses appeared on S.J.R. No. 42.