HBA-RBT C.S.H.J.R. 62 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 62
By: Mowery
Constitutional Revision
4/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Constitution is a lengthy document that some feel is
unnecessarily large, convoluted, and complicated.  Revisions can be made
that will simplify and clarify the constitution without affecting any
substantive provisions.  For instance, various provisions within the
document have already been executed, including wording regarding the
issuance of bonds that have since been repaid and transition clauses that
were long ago satisfied.  As proposed, C.S.H.J.R. 62 requires the
submission to the voters of a constitutional amendment that eliminates
duplicate, executed, obsolete, archaic, and ineffective provisions in the
Texas Constitution. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Article III, Texas Constitution, to require
that the House of Representatives consist of 150 members.  Makes conforming
changes. 

SECTION 2.  Amends Section 3, Article III, Texas Constitution, to make
nonsubstantive changes. 

SECTION 3.  Amends Section 4, Article III, Texas Constitution, to make
nonsubstantive changes. 

SECTION 4.  Amends Section 5, Article III, Texas Constitution, to provide
an exception and make nonsubstantive changes. 

SECTION 5.  Amends Section 6, Article III, Texas Constitution, to make
nonsubstantive changes. 

SECTION 6.  Amends Section 7, Article III, Texas Constitution, to make
nonsubstantive changes. 

SECTION 7.  Amends Section 14, Article III, Texas Constitution, to delete
the provision that senators and representatives are free from arrest for
one day for each twenty miles the member resides from the place the
legislature is convened. 

SECTION 8.  Amends Section 33, Article III, Texas Constitution, to make a
nonsubstantive change. 

SECTION 9.  Amends Section 32, Article III, Texas Constitution, to make a
nonsubstantive change. 

SECTION 10.  Amends Section 39, Article III, Texas Constitution, to make a
nonsubstantive change. 

SECTION 11.  Amends Section 48-e, Article III, Texas Constitution, to make
a nonsubstantive change. 

SECTION 12.  Amends Section 48-f, Article III, Texas Constitution, to make
a nonsubstantive change. 

SECTION 13.  Amends Section 49a, Article III, Texas Constitution, to make
nonsubstantive  changes. 

SECTION 14.  Amends Sections 49-b, 49-b-1, 49-b-2, and 49-b-3, Article III,
Texas Constitution, to combine, reenact as Section 49-b, and amend it to
authorize the Veterans' Land Board to provide for, issue, and sell bonds or
obligations of the State of Texas as authorized by constitutional amendment
or by a debt proposition under Section 49 of this article, rather than in
an amount not to exceed $950,000,000.  Authorizes expenses of the board in
connection with the issuance of bonds for the benefit of the Veterans
Housing Assistance Fund to be paid from money in the fund.  Deletes
existing text regarding limitations on the dollar amount of outstanding
obligations, restrictions on the sale, issuance, retirement and interest
rate for investments, bonds, and land.  Makes conforming and nonsubstantive
changes. 

SECTION 15.  Amends Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-5, 49-d-6,
49-d-7, and 49-d-8, Article III, Texas Constitution, to require the Texas
Water Development Board to provide for, issue, and sell general obligation
bonds of the State of Texas as authorized by constitutional amendment or by
a debt proposition under Section 49 of this article, rather than in an
amount not to exceed $100,000,000.  Authorizes the Texas Water Development
Fund to transfer other moneys and assets in the Texas Water Development
Fund to the appropriate account of the Texas Water Development Fund II, as
determined by the Texas Water Development Board, without the necessity of
issuing refunding bonds to effect the transfer, to the extent not
inconsistent with the proceedings authorizing any outstanding bonds issued
to augment the Texas Water Development Fund.  Deletes existing text
regarding limitation of the interest rate; excess funds; administration
funds; and termination of financial assistance.  Makes conforming and
nonsubstantive changes. 

SECTION 16.  Amends Section 49-e, Article III, Texas Constitution, to
require the Parks and Wildlife Department to provide for, issue, and sell
general obligation bonds of the State of Texas as authorized by
constitutional amendment or by a debt proposition under Section 49 of this
article, rather than in an amount not to exceed $75,000,000.   Deletes
existing text regarding limitations of the interest rate.  Makes conforming
and nonsubstantive changes. 

SECTION 17.  Amends Section 49-h, Article III, Texas Constitution, to
authorize the legislature to provide for, issue, and sell general
obligation bonds of the State of Texas as authorized by constitutional
amendment or by a debt proposition under Section 49 of this article.
Deletes existing text regarding limitations of the allowed dollar amount of
outstanding obligations and the use of the funds.  Makes conforming and
nonsubstantive changes. 

SECTION 18.  Amends Subsection (a), Section 50-b-4, Article III, Texas
Constitution, to authorize the Texas Higher Education Coordinating Board
to issue and sell general obligation bonds of the State of Texas as
authorized by constitutional amendment or by a debt proposition under
Section 49 of this article, rather than in an amount not to exceed
$300,000,000.  Makes conforming and nonsubstantive changes. 

SECTION 19.  Amends Section 51, Article III, Texas Constitution, to delete
existing text regarding the authority of the legislature to grant aid to
indigent and disabled Confederate soldiers and sailors and to their widows. 

SECTION 20.  Amends Section 51-a, Article III, Texas Constitution, to
delete existing text regarding specific dollar limitations of state funds
for assistance grants to needy dependent children and their caretakers.
Makes conforming and nonsubstantive changes. 

SECTION 21.  Amends Subsections (b) and (c), Section 52, Article III, Texas
Constitution, to make nonsubstantive changes. 

SECTION 22.  Amends Section 52d, Article III, Texas Constitution, to make
nonsubstantive changes. 

SECTION 23.  Amends Section 52g, Article III, Texas Constitution, to delete
existing text limiting Dallas County's ability to issue bonds for road
construction without further legislation.  Makes nonsubstantive changes. 
 
SECTION 24.  Amends Section 7, Article IV, Texas Constitution, to delete
existing text regarding protecting the frontier from hostile incursions by
Indians or other predatory bands. 

SECTION 25.  Amends Section 16, Article IV, Texas Constitution, to make
nonsubstantive changes. 

SECTION 26.  Amends Section 22, Article IV, Texas Constitution, to delete
existing text regarding the term of office, residency requirement, and
salary of the attorney general. 

SECTION 27.  Amends Section 23, Article IV, Texas Constitution, to make
nonsubstantive changes. 

SECTION 28.  Amends Section 9, Article V, Texas Constitution, to make
nonsubstantive changes. 

SECTION 29.  Amends Section 2, Article VI, Texas Constitution, to delete
the requirement that voters be 18 years of age.  Makes nonsubstantive
changes. 

SECTION 30.  Amends Subsections (a) and (b), Section 2a, Article VI, Texas
Constitution, to make nonsubstantive changes. 

SECTION 31.  Amends Section 3, Article VI, Texas Constitution, to make
nonsubstantive changes. 

SECTION 32.  Amends Section 3a, Article VI, Texas Constitution, to make
nonsubstantive changes. 

SECTION 33.  Amends Section 3, Article VII, Texas Constitution, to delete
the references to the poll tax.  Deletes existing text regarding property
taxes to maintain and support the public schools. Provides that increases
in property taxes must be approved by voters.  Makes nonsubstantive
changes. 

SECTION 34.  Amends Sections 10 and 13, Article VII, Texas Constitution, to
make nonsubstantive changes. 

SECTION 35.  Amends Section 14, Article VII, Texas Constitution, to make
nonsubstantive changes. 

SECTION 36.  Amends Section 1-a, Article VIII, Texas Constitution, to
delete existing text regarding counties and political subdivisions from
which tax donations have been granted.  Makes nonsubstantive changes. 

SECTION 37.  Amends Subsection (b), Section 1-b, Article VIII, Texas
Constitution, to delete existing text regarding county education districts.
Makes a nonsubstantive change. 

SECTION 38.  Amends Subsection (b), Section 1-j, Article VIII, Texas
Constitution, to make nonsubstantive changes. 

SECTION 39.  Amends Section 6, Article VIII, Texas Constitution, to make
nonsubstantive changes. 

SECTION 40.  Amends Section 9, Article VIII, Texas Constitution, to provide
that no county, city, or town may levy a tax rate in excess of 80 cents on
the $100 valuation in any one year for general fund, permanent improvement
fund, road and bridge fund, and jury fund purposes.  Deletes existing text
regarding limitations on the state tax on property.  Makes nonsubstantive
changes. 

SECTION 41.  Amends Section 16a, Article VIII, Texas Constitution, to make
nonsubstantive changes. 

SECTION 42.  Amends Section 20, Article VIII, Texas Constitution, to make a
nonsubstantive change. 

SECTION 43.  Amends Section 1, Article IX, Texas Constitution, to make
nonsubstantive changes. 

SECTION 44.  Amends Section 2, Article IX, Texas Constitution, to make
nonsubstantive changes. 
 
SECTION 45.  Amends Section 4, Article IX, Texas Constitution, to make
nonsubstantive changes. 

SECTION 46.  Amends Subsections (a), (c), and (e), Section 5, Article IX,
Texas Constitution, to make nonsubstantive changes. 

SECTION 47.  Amends Subsection (a), Section 8, Article IX, Texas
Constitution, to make nonsubstantive changes. 

SECTION 48.  Amends Section 11, Article IX, Texas Constitution, to make
nonsubstantive changes. 

SECTION 49.  Amends Section 12, Article IX, Texas Constitution, to make
nonsubstantive changes. 

SECTION 50.  Amends Section 2, Article XI, Texas Constitution, to make
nonsubstantive changes. 

SECTION 51.  Amends Subsection (b), Section 30, Article XVI, Texas
Constitution, to make nonsubstantive changes. 

SECTION 52.  Amends Section 44, Article XVI, Texas Constitution, to provide
that the office of county treasurer or county surveyor does not exist in
those counties in which the office has been abolished.  Makes
nonsubstantive changes. 

SECTION 53.  Amends Subsection (c), Section 59, Article XVI, Texas
Constitution, to make nonsubstantive changes. 

SECTION 54.  Amends Section 61, Article XVI, Texas Constitution, to make
nonsubstantive changes. 

SECTION 55.  Amends Section 65, Article XVI, Texas Constitution, to make
nonsubstantive changes. 

SECTION 56.  Amends Section 1, Article XVII, Texas Constitution, to make
nonsubstantive changes. 

SECTION 57.  Repealer: Article III, Sections 26a (Counties With More Than
Seven Representatives); 50b (Student Loans); 50b-1 (Additional Student
Loans); 50b-2 (Additional Student Loans); 50b-3 (Additional Student Loans);
and 54 (Liens on Railroad; Release, Alienation, or Change);  

Article VIII, Sections 1-b-1 (References to County Education Districts);
1-c (Effectiveness of Resolution); and 5 (Railroad Property; Liability to
Municipal Taxation);  

Article IX, Section 6 (Lamar County Hospital District; Abolition; Transfer
of Assets);  

Article XI, Section 6 (Taxes to Pay Interest and Create Sinking Fund to
Satisfy Indebtedness);  

Article XVI, Sections 18 (Existing Rights of Property and of Action; Rights
or Actions not Revived); 47 (Conscientious Scruples as to Bearing Arms); 53
(Process and Writs not Executed or Returned at Adoption of Constitution);
66 (Texas Rangers; Retirement and Disability Pension System for Rangers
Ineligible for Membership in Employees Retirement System); and 70(r) (Texas
Growth Fund); and  

Article XVII, Section 2 (Constitutional Revision Commission; Constitutional
Convention).  

SECTION 58.  Amends the Texas Constitution by adding a temporary transition
provision, as follows: 

TEMPORARY TRANSITION PROVISIONS.  (a) Provides that this section applies to
amendments proposed by this Act.   
 
(b) Provides that this Act does not impair any obligation created by the
issuance of bonds or other evidences of indebtedness in accordance with
prior law, and all bonds or other evidences of indebtedness validly issued
under provisions amended or repealed remain valid, enforceable, and binding
according to their terms and are required to be paid from the sources
pledged.  Authorizes the issuance of bonds or other evidences of
indebtedness authorized, but unissued on the effective date of this Act.
Provides that this Act does not reduce or expand the authority to provide
for, issue, or sell bonds or other evidences of indebtedness previously
authorized.  

(c) States that as of the date of the adoption of H.J.R. 62 the Veterans'
Land Board has authorized but unissued bonds in the aggregate principal
amount of $190,002,225 for the purpose of providing funds for the Veterans'
Land Fund, $1,309,997,775 having previously been issued for that purpose,
and $615,000,000 for the purpose of providing funds for the Veterans'
Housing Assistance Fund II, $385,000,000 having previously been issued for
that purpose.  Provides that the amendments do not in any way impair the
authority of the Veterans' Land Board hereafter to issue bonds or incur
other evidences of indebtedness, provided that any bonds or other evidences
of indebtedness issued or incurred by the Veterans' Land Board prior to
adoption of the amendments shall cause the amount of authorized but
unissued bonds described in this subsection to be reduced by the amount of
the bonds so issued or other evidences of indebtedness so incurred. 

(d) States that as of the date of the adoption of H.J.R. 62 the Texas Water
Development Board has authorized but unissued bonds in the aggregate
principal amount of $945,765,000 and as of that date the board has issued
$113,300,000 in bonds for the purpose of providing wholesale and retail
water and wastewater facilities to economically distressed areas of the
state.  Provides that the amendments do not in any way impair the authority
of the Texas Water Development Board hereafter to issue bonds or incur
other evidences of indebtedness, provided that any bonds or other evidences
of indebtedness issued or incurred by the Veterans' Land Board prior to
adoption of the amendments shall cause the amount of authorized but
unissued bonds described in this subsection to be reduced by the amount of
the bonds so issued or other evidences of indebtedness so incurred. 

(e) States that as of the date of the adoption of H.J.R. 62 the Texas
Higher Education Coordinating Board has authorized but unissued bonds in
the aggregate principal amount of $150,000,000, and as of that date the
board has issued $810,000,000 in bonds for the purpose of educational loans
to students.  Provides that the amendments do not in any way impair the
authority of the Texas Higher Education Coordinating Board hereafter to
issue bonds or incur other evidences of indebtedness, provided that any
bonds or other evidences of indebtedness issued or incurred by the Texas
Higher Education Coordinating Board prior to adoption of the amendments
shall cause the amount of authorized but unissued bonds described in this
subsection to be reduced by the amount of the bonds so issued or other
evidences of indebtedness so incurred. 

(f) Makes application of Subsection (b), Section 1-b, Article VIII of this
Act prospective. 

(g) Makes application of Subsection (b), Section 1-j, Article VIII of this
Act prospective. 

(h) Provides that Subsection (c), Section 5, Article IX, does not affect
the validity of a confirmation election held in accordance with that
section. 

(i) Provides that the repeal of Section 5, Article VIII, does not affect
the power of a municipality to impose and collect taxes on the property of
railroad companies in accordance with the general authority of
municipalities under this constitution to impose and collect those taxes. 

(j) Provides that the repeal of Section 6, Article IX, does not affect the
disposition of assets of the Lamar County Hospital District in accordance
with that section. 
 
(k) Provides that the amendment of Section 44, Article XVI, does not affect
the power of a county to abolish the office of county treasurer or county
surveyor in accordance with previously adopted amendments of that section,
and the power is preserved in accordance with the prior law. 

(l) Provides that the repeal of Section 66, Article XVI, does not affect
the pensions payable under that section and requires those pensions to be
paid in accordance with the prior law. 

(m) Provides that the reenactment of any provision for purposes of
amendment does not revive a provision that may have been impliedly repealed
by the adoption of a later amendment. 

(n) Provides that the amendment of any provision does not affect vested
rights. 

SECTION 59.  Requires this constitutional amendment to be submitted to the
voters at an election to be held on November 2, 1999.  Sets forth the
required ballot language. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 4 by providing an
exception to proposed Subsection (c) of Section 5, Article III, Texas State
Constitution, not present in the original. 

The substitute differs from the original by deleting SECTION 8 of the
original relating to a proposed amendment to Section 25, Article III, Texas
Constitution, regarding the division of the state into senatorial
districts. 

The substitute differs from the original in SECTION 14 (SECTION 15 of the
original) by deleting text requiring the legislature to appropriate an
amount sufficient to prevent default in payment on bonds.  The substitute
also specifies that the expenses of the Veterans' Land Board in connection
with the issuance of the bonds for the benefit of the Veterans' Housing
Assistance Fund may be paid from money in the fund.  Makes conforming and
nonsubstantive changes. 

The substitute differs from the original in SECTION 15 (SECTION 16 of the
original) by also amending Section 49-d-2, Article III, Texas Constitution,
to delete language limiting the ability of the Texas Water Development
Board to issue bonds.  Further amends Section 49-d-2, Article III, Texas
Constitution, to authorize the Texas Water Development Fund to transfer
other moneys and assets in the Texas Water Development Fund to the
appropriate account of the Texas Water Development Fund II, as determined
by the Texas Water Development Board, without the necessity of issuing
refunding bonds to effect the transfer, to the extent not inconsistent with
the proceedings authorizing any outstanding bonds issued to augment the
Texas Water Development Fund.  Makes nonsubstantive changes. 

The substitute differs from the original in SECTION 18 by inserting a new
SECTION 18 which amends Section 50-b-4, Article III, Texas Constitution, to
authorize the Texas Higher Education Coordinating Board  to issue and sell
general obligation bonds of the State of Texas as authorized by
constitutional amendment or by a debt proposition under Section 49 of this
article, rather than in an amount not to exceed $300,000,000. 

The substitute does not include the text of SECTION 19 of the original,
relating to amending Section 50b, Article III, Texas Constitution,
authorizing the Texas Higher Education Coordinating Board, rather than the
Texas College and University System, to provide for, issue, and sell
general obligation bonds of the State of Texas as authorized by
constitutional amendment or by a debt proposition under Section 49 of this
article, rather than in an amount not to exceed $85,000,000, and 

The substitute differs from the original in SECTION 57 (SECTION 58 of the
original) by repealing Section 50b (Student Loans), Article III, Texas
Constitution, but not Sections 49-d-2 (Additional Bonding Authority of
Texas Water Development Board; Dedicated Use of Some Proceeds) or  Section
50b-4 (Additional Student Loans). 

The substitute differs from the original in SECTION 58 (SECTION 59 of the
original) by adding Subsections (c)-(e) which provide for bonds which are
authorized but unissued for certain state agencies.  For a more complete
analysis of these subsections, please see the Section-by-Section analysis
section of this document. 

The substitute differs from the original by redesignating proposed
Subsections (c)-(k) of SECTION 59 of the original as Subsections (f)-(n) of
SECTION 58 of the substitute. 

The substitute differs from the original by redesignating SECTIONS 9-18 as
SECTIONS 8-17. 

The substitute differs from the original by redesignating SECTIONS 20-60 as
SECTIONS 19-59.