IMF H.J.R. 104 75(R)BILL ANALYSIS STATE AFFAIRS H.J.R. 104 By: Mowery 5-9-97 Committee Report (Amended) BACKGROUND Currently the Texas Constitution has duplicate numbering in many of its provisions which have no relation to the other and many provisions have either been made unconstitutional by the federal government or have not been changed even though they are moot. PURPOSE As proposed, H.J.R. 104 to make technical changes to the Texas Constitution to renumber duplicated provisions and remove obsolete or moot provisions. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 48-e, Article III of the Texas Constitution to redesignate it as Section 48-f. SECTION 2. Amends Section 52e, Article III of the Texas Constitution by redesignating it as Section 52g to allow all residents, not just resident property taxpayers, of Dallas County to vote on issuance of bonds. SECTION 3. Amends Section 61, Article III, Texas Constitution to redesignate it as Section 61a. SECTION 4. Amends Section 1, Article VI, Texas Constitution, to reflect changes in election laws at the federal level, which have not been incorporated into the constitution. SECTION 5. Amends Section 2, Article VI, Texas Constitution, by deleting language which is no longer in effect as it relates to voting qualifications, and by adding the appropriate voting requirements. SECTION 6. Amends Section 3, Article VI, Texas Constitution, by deleting obsolete and/or unconstitutional language relating to qualified electors, poll taxes, and property ownership requirements. SECTION 7. Amends Section 3, Article VII, Texas Constitution, by deleting provisions which relate to state property tax which does not exist. SECTION 8. Redesignates Section 16, Article VII, Texas Constitution, as proposed by H.J.R. No. 14, 40th Legislature, Regular Session, 1927 as Section 16-a to remove duplicate numbering. SECTION 9. Repeals the following constitutional provisions: (1) the constitutional amendment proposed by S.J.R. No. 5, 49th Legislature, Regular Session, 1945 relating to an appropriation to John Tarelton Agricultural College, which no longer is needed. (2) Section 49-g, Article III, Texas Constitution, as proposed by H.J.R. No. 88, 70th Legislature, Regular Session, 1987 which relates to Super Collider funding which no longer is needed. (3) Section 44-h, Article XVI, Texas Constitution, as proposed by H.J.R. No. 21, 73rd Legislature, Regular Session, 1993 which no longer is needed. SECTION 10. Provides that this amendment shall be submitted to the voters on November 4, 1997 and provides the ballot language. EXPLANATION OF AMENDMENT Committee amendment no. 1 makes changes to SECTION 7 of the bill to replace necessary language deleted in the original that related to the collection of a poll tax and public school funding.