By Conley H.J.R. No. 118
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to provide for budget sessions
1-2 of the legislature during even-numbered years.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article III, Section 5 of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 5. The Legislature shall convene in Regular Session at
1-7 12:00 o'clock Noon on the second Tuesday of January in each
1-8 odd-numbered year; a Regular Session may not exceed 140 calendar
1-9 days in duration <meet every two years at such time as may be
1-10 provided by law and at other times when convened by the Governor>.
1-11 Beginning on January 13, 1998, the Legislature shall convene in
1-12 Budget Session at 12:00 o'clock Noon on the second Tuesday of
1-13 January in each even-numbered year and only those proposals
1-14 relative to financing the operation of the State may be considered;
1-15 a Budget Session may not exceed 30 calendar days in duration. When
1-16 not already convened in Regular or Budget Session, the Legislature
1-17 shall convene in Called Session whenever the Governor shall deem it
1-18 necessary; only those matters specified by the Governor may be
1-19 considered during such Called Session; such Called Session may not
1-20 exceed 30 calendar days in duration; and it may not overlap to any
1-21 extent with a Regular or Budget Session of the Legislature. When
1-22 convened in Regular <regular> Session, the first 30 calendar
1-23 <thirty> days thereof shall be devoted to the introduction of bills
2-1 and resolutions, acting upon emergency appropriations, passing upon
2-2 the confirmation of the recess appointees of the Governor, and such
2-3 emergency matters as may be submitted by the Governor in <special>
2-4 messages to the Legislature; provided that during the succeeding 30
2-5 calendar <thirty> days of the Regular Session, <regular session of
2-6 the Legislature> the various committees of each House shall hold
2-7 hearings to consider all bills and resolutions and other matters
2-8 then pending,<;> and such emergency matters as may be submitted by
2-9 the Governor; provided further that during the final 80 calendar
2-10 <following sixty> days of the Regular Session, the Legislature
2-11 shall act upon such bills and resolutions as may be then pending
2-12 and upon such emergency matters as may be submitted by the Governor
2-13 in <special> messages to the Legislature; provided, however, that
2-14 either House may otherwise determine its order of business by an
2-15 affirmative vote of four-fifths of its membership. When convened
2-16 in Budget Session, the Legislature shall consider only those
2-17 proposals pertaining to appropriations or state revenue; provided
2-18 that if the Governor should submit by message to the Legislature
2-19 any other matters, including confirmation of recess appointees,
2-20 same may also be considered during such Budget Session.
2-21 SECTION 2. Article III, Section 24 of the Texas Constitution
2-22 is amended to read as follows:
2-23 Sec. 24. (a) Members of the Legislature shall receive from
2-24 the Public Treasury a salary of <Six Hundred Dollars (>$600<)> per
2-25 month, unless a greater amount is recommended by the Texas Ethics
3-1 Commission, and approved by the voters of this State, in which case
3-2 the salary is that amount. Each member of the Legislature shall
3-3 also receive a per diem set by the Texas Ethics Commission for each
3-4 day during each <Regular and Special> Session of the Legislature.
3-5 <(b) No Regular Session shall be of longer duration than one
3-6 hundred and forty (140) days.>
3-7 (b) <(c)> In addition to the per diem, the Members of each
3-8 House shall be entitled to mileage reimbursement at the same rate
3-9 as prescribed by law for employees of the State of Texas.
3-10 SECTION 3. Article III, Section 40 of the Texas Constitution
3-11 is amended to read as follows:
3-12 Sec. 40. As provided in Section 5 of this Article, whenever
3-13 <When> the Legislature shall be convened in Called Session <special
3-14 session>, there shall be no legislation considered upon subjects
3-15 other than those designated in the proclamation of the Governor
3-16 assembling <calling> such Session <session>, or presented to them
3-17 by the Governor; and no such Session <session> shall be of longer
3-18 duration than 30 calendar <thirty> days.
3-19 SECTION 4. Article III, Section 49a of the Texas
3-20 Constitution be amended to read as follows:
3-21 Sec. 49a. (a) It shall be the duty of the Comptroller of
3-22 Public Accounts in advance of each Budget <Regular> Session of the
3-23 Legislature to prepare and submit to the Governor, and to the
3-24 Legislature upon its convening, a statement under oath showing
3-25 fully the financial condition of the State Treasury at the close of
4-1 the last fiscal period and an estimate of the probable receipts and
4-2 disbursements for the then current fiscal year. There shall also
4-3 be contained in said statement an itemized estimate of the
4-4 anticipated revenue based on the laws then in effect that will be
4-5 received by and for the State from all sources showing the fund
4-6 accounts to be credited during the succeeding biennium and said
4-7 statement shall contain such other information as may be required
4-8 by law. Supplemental statements shall be submitted at any Regular
4-9 or Called <Special> Session of the Legislature, and at such other
4-10 times as may be necessary to show probable changes.
4-11 (b) Except <From and after January 1, 1945, save> in the
4-12 case of emergency and imperative public necessity, and with a
4-13 four-fifths vote of the total membership of each House, no
4-14 appropriation in excess of the cash and anticipated revenue of the
4-15 funds from which such appropriation is to be made shall be valid.
4-16 No <From and after January 1, 1945, no> bill containing an
4-17 appropriation shall be considered as passed or be sent to the
4-18 Governor for consideration unless and until <until and unless> the
4-19 Comptroller of Public Accounts endorses his certificate thereon
4-20 showing that the amount appropriated is within the amount estimated
4-21 to be available in the affected funds. When the Comptroller finds
4-22 that an appropriation bill exceeds the estimated revenue, he shall
4-23 endorse such finding thereon and return the bill to the House in
4-24 which same originated. Such information shall be immediately made
4-25 known to both the House of Representatives and the Senate and the
5-1 necessary steps shall be taken to bring such appropriation to
5-2 within the revenue, either by providing additional revenue or by
5-3 reducing the appropriation.
5-4 <For the purpose of financing the outstanding obligations of
5-5 the General Revenue Fund of the State and placing its current
5-6 accounts on a cash basis the Legislature of the State of Texas is
5-7 hereby authorized to provide for the issuance, sale, and retirement
5-8 of serial bonds, equal in principal to the total outstanding,
5-9 valid, and approved obligations owing by said fund on September 1,
5-10 1943, provided such bonds shall not draw interest in excess of two
5-11 (2) per cent per annum and shall mature within twenty (20) years
5-12 from date.>
5-13 SECTION 5. Article III of the Texas Constitution is amended
5-14 by redesignating as "Section 49-g-1" the existing "Section 49-g" of
5-15 that Article, as approved by the voters of Texas at the statewide
5-16 election held November 3, 1987.
5-17 SECTION 6. Article III of the Texas Constitution is amended
5-18 by redesignating as "Section 49-g-2" the existing "Section 49-g" of
5-19 that Article, as approved by the voters of Texas at the statewide
5-20 election held November 8, 1988; and then by amending subsections
5-21 (k) and (l) thereof to read as follows:
5-22 (k) Amounts from the economic stabilization fund may be
5-23 appropriated during a Regular Session of the Legislature <regular
5-24 legislative session> only for a purpose for which an appropriation
5-25 from general revenue was made by the preceding Legislature.
6-1 Amounts from the fund may be appropriated during a Budget Session
6-2 only for a purpose for which an appropriation from general revenue
6-3 was made at a previous session of the Legislature for the fiscal
6-4 year or biennium in which the Budget Session begins. Amounts from
6-5 the fund <legislature and> may be appropriated in a Called Session
6-6 of the Legislature <special session> only for a purpose for which
6-7 an appropriation from general revenue was made in a preceding
6-8 <legislative> session of the same Legislature <legislature>. An
6-9 appropriation from the economic stabilization fund may be made only
6-10 if the comptroller certifies that appropriations from general
6-11 revenue made by the preceding Legislature <legislature> for the
6-12 current biennium exceed available general revenues and cash
6-13 balances for the remainder of that biennium. The amount of an
6-14 appropriation from the economic stabilization fund may not exceed
6-15 the difference between the comptroller's estimate of general
6-16 revenue for the current biennium or, if the Legislature has not
6-17 established a current biennium, for the current fiscal year at the
6-18 time that the comptroller receives for certification the bill
6-19 making the appropriation and the amount of general revenue
6-20 appropriations for that biennium or fiscal year previously
6-21 certified by the comptroller. Appropriations from the economic
6-22 stabilization fund under this subsection may not extend beyond the
6-23 last day of the current biennium or, if the Legislature has not
6-24 established a current biennium, the last day of the current fiscal
6-25 year. An appropriation from the economic stabilization fund must
7-1 be approved by a three-fifths vote of the members present in each
7-2 house of the Legislature <legislature>.
7-3 (l) If an estimate of total anticipated revenues for the
7-4 next two fiscal years <a succeeding biennium> prepared by the
7-5 comptroller pursuant to <Article III,> Section 49a<,> of this
7-6 Article <constitution> is less than the total revenues that are
7-7 estimated at the same time by the comptroller to be available for
7-8 the current fiscal year and that were available for the preceding
7-9 fiscal year <biennium>, the Legislature <legislature> may, by a
7-10 three-fifths vote of the members present in each house, appropriate
7-11 for the succeeding biennium from the economic stabilization fund an
7-12 amount not to exceed this difference. If the Legislature makes
7-13 appropriations for a period that is less than the entire succeeding
7-14 biennium, the amount that may be appropriated from the fund shall
7-15 be reduced proportionately. Following each fiscal year, the actual
7-16 amount of revenue shall be computed, and if the estimated
7-17 difference exceeds the actual difference, the comptroller shall
7-18 transfer the amount necessary from general revenue to the economic
7-19 stabilization fund so that the actual difference shall not be
7-20 exceeded. If all or a portion of the difference in revenue <from
7-21 one biennium to the next> results, at least in part, from a change
7-22 in a tax rate or base adopted by the Legislature <legislature>, the
7-23 computation of revenue difference shall be adjusted to the amount
7-24 that would have been available had the rate or base not been
7-25 changed.
8-1 SECTION 7. Article IV, Section 3 of the Texas Constitution
8-2 is amended to read as follows:
8-3 Sec. 3. The returns of every election for said executive
8-4 officers, unless <until> otherwise provided by law, shall be made
8-5 out, sealed up, and transmitted by the returning officers
8-6 prescribed by law, to the seat of Government, directed to the
8-7 Secretary of State, who shall deliver the same to the Speaker of
8-8 the House of Representatives, as soon as the Speaker shall be
8-9 chosen, and the said Speaker shall, during the first week of the
8-10 Regular Session <session> of the Legislature, open and publish them
8-11 in the presence of both Houses of the Legislature. The person,
8-12 voted for at said election, having the highest number of votes for
8-13 each of said offices respectively, and being constitutionally
8-14 eligible, shall be declared by the Speaker, under sanction of the
8-15 Legislature, to be elected to said office. But, if two or more
8-16 persons shall have the highest and an equal number of votes for
8-17 either of said offices, one of them shall be immediately chosen to
8-18 such office by joint vote of both Houses of the Legislature.
8-19 Contested elections for either of said offices, shall be determined
8-20 by both Houses of the Legislature in joint session.
8-21 SECTION 8. Article IV, Section 9 of the Texas Constitution
8-22 is amended to read as follows:
8-23 Sec. 9. The Governor shall, at the commencement of each
8-24 Regular Session <session> of the Legislature, and at the close of
8-25 his term of office, give to the Legislature information, by
9-1 message, of the condition of the State; and he shall recommend to
9-2 the Legislature such measures as he may deem expedient. He shall
9-3 account to the Legislature for all public moneys received and paid
9-4 out by him, from any funds subject to his order, with vouchers; and
9-5 shall accompany his message with a statement of the same. And at
9-6 the commencement of each Regular Session and Budget Session
9-7 <regular session>, he shall present estimates of the amount of
9-8 money required to be raised by taxation for all purposes.
9-9 SECTION 9. Article IV, Section 12 of the Texas Constitution
9-10 is amended by amending subsections (d) and (e) thereof to read as
9-11 follows:
9-12 (d) If the Senate, at any <special> session other than a
9-13 Regular Session of the Legislature, does not take final action to
9-14 confirm or reject a previously unconfirmed recess appointee or
9-15 another person nominated to fill the vacancy for which the
9-16 appointment was made:
9-17 (1) the Governor, after the session, may appoint
9-18 another person to fill the vacancy; and
9-19 (2) the appointee, if otherwise qualified and if not
9-20 removed as provided by law, is entitled to continue in office until
9-21 the earlier of the following occurs:
9-22 (A) the Senate rejects the appointee at a
9-23 subsequent session; or
9-24 (B) the Governor appoints another person to fill
9-25 the vacancy under Subdivision (1) of this subsection.
10-1 (e) If the Senate, at a Regular Session <regular session>,
10-2 does not take final action to confirm or reject a previously
10-3 unconfirmed recess appointee or another person nominated to fill
10-4 the vacancy for which the appointment was made, the appointee or
10-5 other person, as appropriate, is considered to be rejected by the
10-6 Senate when the Senate session ends.
10-7 SECTION 10. Article V, Section 7a of the Texas Constitution
10-8 is amended by amending subsection (d) thereof to read as follows:
10-9 (d) The reapportionment powers of the board shall be
10-10 exercised in the interims between Regular Sessions <regular
10-11 sessions> of the Legislature <legislature>, except that a
10-12 reapportionment may not be ordered by the board during an interim
10-13 immediately following a Regular Session <regular session> of the
10-14 Legislature <legislature> in which a valid and subsisting statewide
10-15 apportionment of judicial districts is enacted by the Legislature
10-16 <legislature>. The board has other powers and duties as provided
10-17 by the Legislature <legislature> and shall exercise its powers
10-18 under the policies, rules, standards, and conditions, not
10-19 inconsistent with this section, that the Legislature <legislature>
10-20 provides.
10-21 SECTION 11. Article VII, Section 17 of the Texas
10-22 Constitution is amended by amending subsection (a) thereof to read
10-23 as follows:
10-24 (a) In <the fiscal year beginning September 1, 1985, and>
10-25 each fiscal year <thereafter>, there is hereby appropriated out of
11-1 the first money coming into the state treasury, not otherwise
11-2 appropriated by this Constitution, <the constitution> $100 million
11-3 to be used by eligible agencies and institutions of higher
11-4 education for the purpose of acquiring land, either with or without
11-5 permanent improvements, constructing and equipping buildings or
11-6 other permanent improvements, major repair or rehabilitation of
11-7 buildings or other permanent improvements, acquisition of capital
11-8 equipment, library books and library materials, and paying for
11-9 acquiring, constructing, or equipping or for major repair or
11-10 rehabilitation of buildings, facilities, other permanent
11-11 improvements, or capital equipment used jointly for educational and
11-12 general activities and for auxiliary enterprises to the extent of
11-13 their use for educational and general activities. For the
11-14 five-year period that begins on September 1, 2000, and for each
11-15 five-year period that begins afterward <after that period>, the
11-16 Legislature <legislature>, during a Regular Session or Budget
11-17 Session <regular session> that is nearest, but preceding, a
11-18 five-year period, may by two-thirds vote of the membership of each
11-19 house, increase the amount of the constitutional appropriation for
11-20 the five-year period but may not adjust the appropriation in such a
11-21 way as to impair any obligation created by the issuance of bonds or
11-22 notes in accordance with this section.
11-23 SECTION 12. Article VIII, Section 6 of the Texas
11-24 Constitution is amended to read as follows:
11-25 Sec. 6. No money shall be drawn from the Treasury but in
12-1 pursuance of specific appropriations made by law; nor shall any
12-2 appropriation of money be made for a longer term than two years<,
12-3 except by the first Legislature to assemble under this
12-4 Constitution, which may make the necessary appropriations to carry
12-5 on the government until the assemblage of the sixteenth
12-6 Legislature>.
12-7 SECTION 13. Article XVII, Section 1 of the Texas
12-8 Constitution is amended to read as follows:
12-9 Sec. 1. (a) The Legislature, at any Regular Session <regular
12-10 session>, or at any Budget Session or Called Session <special
12-11 session> when the matter is included within the purposes for which
12-12 the session is convened, may propose amendments revising this <the>
12-13 Constitution, to be voted upon by the qualified voters <electors>
12-14 for statewide offices and propositions, as defined in this <the>
12-15 Constitution and statutes of this State. The date of the elections
12-16 shall be specified by the Legislature. The proposal for submission
12-17 must be approved by a vote of two-thirds of all the members elected
12-18 to each House, entered by yeas and nays on the journals.
12-19 (b) A brief explanatory statement of the nature of a
12-20 proposed amendment, together with the date of the election and the
12-21 wording of the proposition as it is to appear on the ballot, shall
12-22 be published twice in each newspaper in the State which meets
12-23 requirements set by the Legislature for the publication of official
12-24 notices of officers and departments of the state government. The
12-25 explanatory statement shall be prepared by the Secretary of State
13-1 and shall be approved by the Attorney General. The Secretary of
13-2 State shall send a full and complete copy of the proposed amendment
13-3 or amendments to each county clerk who shall post the same in a
13-4 public place in the courthouse at least 30 days prior to the
13-5 election on said amendment. The first notice shall be published
13-6 not more than 60 days nor less than 50 days before the date of the
13-7 election, and the second notice shall be published on the same day
13-8 in the succeeding week. The Legislature shall fix the standards
13-9 for the rate of charge for the publication, which may not be higher
13-10 than the newspaper's published national rate for advertising per
13-11 column inch.
13-12 (c) The election shall be held in accordance with procedures
13-13 prescribed by the Legislature, and the returning officer in each
13-14 county shall make returns to the Secretary of State of the number
13-15 of legal votes cast at the election for and against each amendment.
13-16 If it appears from the returns that a majority of the votes cast
13-17 have been cast in favor of an amendment, that amendment <it> shall
13-18 become a part of this Constitution, and proclamation thereof shall
13-19 be made by the Governor.
13-20 SECTION 14. This proposed constitutional amendment shall be
13-21 submitted to the voters at an election to be held on November 7,
13-22 1995. The ballot shall be printed to permit voting for or against
13-23 the proposition: "The constitutional amendment to provide for
13-24 budget sessions of the legislature during even-numbered years."