HBA-EDN C.S.H.J.R 75 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.J.R 75 By: Mowery Constitutional Revision, Select 4/8/2001 Committee Report (Substituted) 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 Numerous duplicate, executed, and archaic clauses could be repealed or amended without changing the substance of the document. Reformatting the constitution to consolidate duplicate provisions and to delete language that has become outdated will make the document less complex and easier to understand.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, C.S.H.J.R. 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 bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.J.R. 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). C.S.H.J.R. 75 requires as soon as practicable after those provisions are repealed that all land and other property previously set apart in permanent accounts under those provisions to be sold by the General Land Office and the proceeds to be deposited to the credit of the general revenue fund. The resolution also requires all money remaining in such permanent funds to be transferred to the general revenue fund 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the reenactment of any provision for the purposes of amendment does not revive a provision that may have been impliedly repealed by the adoption of a later amendment and that the amendment of any provision does not affect vested rights (SECTION 9.01).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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.J.R. 75 modifies the original by requiring all property, money, and interest remaining in permanent funds previously set aside for the benefit of the Lunatic, Blind, Deaf and Dumb, and Orphan Asylums to be transferred to the general revenue fund, rather than to the permanent school fund. The substitute changes the expiration date for this temporary provision from January 1, 2003 to January 1, 2005.