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.