HBA-EDN H.J.R. 75 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 75
By: Mowery
Constitutional Revision, Select
6/13/2001
Enrolled



BACKGROUND AND PURPOSE 

The Texas Constitution contains provisions which are obsolete, archaic,
redundant, and unnecessary. Numerous duplicate, executed, and archaic
clauses could be repealed or amended without changing the substance of the
document.  Reformatting the constitution to consolidate duplicate
provisions and to delete language that has become outdated will make the
document less complex and easier to understand.  As proposed, House Joint
Resolution 75 requires the submission to the voters of a constitutional
amendment providing for the reformatting of the constitution to address
these needs.    

RULEMAKING AUTHORITY

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

ANALYSIS

House Joint Resolution 75 amends the Texas Constitution to eliminate
obsolete, archaic, redundant, and unnecessary provisions and to clarify,
update, and consolidate certain other provisions.  The resolution repeals
provisions relating to the creation of permanent accounts for property
previously set aside for the benefit of the Lunatic, Blind, Deaf and Dumb,
and Orphan Asylums (SECTION 4.03).  H.J.R. 75 requires as soon as
practicable after the above provisions are repealed that all land and other
property previously set apart in permanent accounts under the above
provisions to be sold by the General Land Office and the proceeds to be
deposited to the credit of the general revenue fund to be appropriated for
the benefit of education.  The resolution also requires all money remaining
in such permanent funds to be transferred to the Texas School for the Blind
and Visually Impaired and the Texas School for the Deaf in equal shares on
that date and for all outstanding income accrued to the benefit of those
permanent funds before that date that are collected after that date and
before this provision expires to be deposited to the credit of the general
revenue fund.  This temporary provision expires January 1, 2005 (SECTION
4.02).  The resolution also creates a temporary provision to provide that
the reenactment of any provision for the purposes of amendment does not
revive a provision that may have been impliedly repealed by the adoption of
a later amendment and that the amendment of any provision does not affect
vested rights (SECTION 9.01).   

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.