By Delisi H.J.R. No. 59
75R1852 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment limiting debt payable from the
1-2 general revenue fund.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article III, Texas Constitution, is amended by
1-5 adding Section 49-j to read as follows:
1-6 Sec. 49-j. (a) The legislature may not authorize additional
1-7 state debt if the resulting annual debt service exceeds the
1-8 limitation imposed by this section. The maximum annual debt
1-9 service in any fiscal year on state debt payable from the general
1-10 revenue fund may not exceed five percent of an amount equal to the
1-11 average of the amount of general revenue fund revenues, excluding
1-12 revenues constitutionally dedicated for purposes other than payment
1-13 of state debt, for the three preceding fiscal years.
1-14 (b) For purposes of this section, "state debt payable from
1-15 the general revenue fund" means general obligation and revenue
1-16 bonds, including authorized but unissued bonds, and lease-purchase
1-17 agreements in an amount greater than $250,000, which bonds or lease
1-18 purchase agreements are designed to be repaid with the general
1-19 revenues of the state. The term does not include bonds that,
1-20 although backed by the full faith or credit of the state, are
1-21 reasonably expected to be paid from other revenue sources and that
1-22 are not expected to create a general revenue draw. Bonds or lease
1-23 purchase agreements that pledge the full faith and credit of the
1-24 state are considered to be reasonably expected to be paid from
2-1 other revenue sources if they are designed to receive revenues
2-2 other than state general revenues sufficient to cover their debt
2-3 service over the life of the bonds or agreement. If those bonds or
2-4 agreements, or any portion of the bonds or agreements, subsequently
2-5 requires use of the state's general revenue for payment, the bonds
2-6 or agreements, or portion of the bonds or agreements, is considered
2-7 to be a "state debt payable from the general revenue fund" under
2-8 this section, until:
2-9 (1) the bonds or agreements are backed by insurance or
2-10 another form of guarantee that ensures payment from a source other
2-11 than general revenue; or
2-12 (2) the issuer demonstrates to the satisfaction of the
2-13 Bond Review Board or its successor designated by law that the bonds
2-14 no longer require payment from general revenue, and the Bond Review
2-15 Board so certifies to the Legislative Budget Board or its successor
2-16 designated by law.
2-17 SECTION 2. This proposed constitutional amendment shall be
2-18 submitted to the voters at an election to be held on November 4,
2-19 1997. The ballot shall be printed to provide for voting for or
2-20 against the proposition: "The constitutional amendment limiting
2-21 the amount of state debt payable from the general revenue fund."