HBA-NLM H.J.R. 79 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 79 By: Isett Appropriations 4/15/1999 Introduced BACKGROUND AND PURPOSE Article VIII, Section 22 (Restriction on Appropriations), Texas Constitution, was passed in 1978 as an attempt to adjust the rate of growth in state spending to the rate of growth in the economy. There is concern this growth rate disparity is due to the disproportionate increase in state spending in the economy. As proposed, H.J.R. 79 requires the submission to the voters of a constitutional amendment, prohibiting the rate of growth of appropriations from all sources except the federal government in any biennium, rather than state tax revenues not dedicated by this constitution, from exceeding the estimated rate of growth of total personal income in the state. In addition, H.J.R. 79 requires the estimate for the next biennium to be adjusted downward by the amount of overestimation, if an estimate of the rate of growth of total personal income in the state for a fiscal biennium exceeds the actual rate of growth by more than 10 percent 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 Sections 22(a) and (b), Article VIII, Texas Constitution, as follows: (a) Prohibits the rate of growth of appropriations from all sources except the federal government in any biennium, rather than state tax revenues not dedicated by this constitution, from exceeding the estimated rate of growth of total personal income in the state. Requires the estimate for the next biennium to be adjusted downward by the amount of overestimation, if an estimate of the rate of growth of total personal income in the state for a fiscal biennium exceeds the actual rate of growth by more than 10 percent. (b) Authorizes the legislature to provide for appropriations described by this section, if the legislature by adoption of a resolution approved by a record vote of two-thirds, rather than a majority, of the members of each house finds that an emergency exists and identifies the nature of the emergency. SECTION 2. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth required language for the ballot.