By Isett H.J.R. No. 66
77R4652 JJT-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment concerning the restriction on
1-2 the rate of growth of appropriations.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22, Article VIII, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 22. (a) In no biennium shall the rate of growth of
1-7 appropriations from all sources of revenue except the federal
1-8 government [state tax revenues not dedicated by this constitution]
1-9 exceed the estimated rate of growth of total personal income in the
1-10 state [the state's economy]. In this subsection, the rate of
1-11 growth of appropriations from the current biennium to the next
1-12 biennium is the percentage difference between:
1-13 (1) the lesser of:
1-14 (A) the amount of money appropriated under the
1-15 General Appropriations Act for the current biennium from all
1-16 sources of revenue other than the federal government, as estimated
1-17 by the comptroller at the time that Act was adopted; and
1-18 (B) the amount of money actually appropriated
1-19 under the General Appropriations Act for the current biennium from
1-20 all sources of revenue other than the federal government; and
1-21 (2) the amount of money appropriated under the General
1-22 Appropriations Act for the next biennium from all sources of
1-23 revenue other than the federal government, as finally estimated by
1-24 the comptroller at the time the Act is being considered for
2-1 adoption.
2-2 (b) The legislature shall provide by general law procedures
2-3 to implement Subsection (a) of this section [subsection].
2-4 (c) [(b)] If the legislature by adoption of a resolution
2-5 approved by a record vote of two-thirds [a majority] of the members
2-6 of each house finds that an emergency exists and identifies the
2-7 nature of the emergency, the legislature may provide for
2-8 appropriations in excess of the amount authorized by Subsection (a)
2-9 of this section. The excess authorized under this subsection may
2-10 not exceed the amount specified in the resolution.
2-11 (d) [(c)] In no case shall appropriations exceed revenues as
2-12 provided in Article III, Section 49a, of this constitution.
2-13 Nothing in this section shall be construed to alter, amend, or
2-14 repeal Article III, Section 49a, of this constitution.
2-15 SECTION 2. Section 49a, Article III, Texas Constitution, is
2-16 amended by adding Subsection (c) to read as follows:
2-17 (c) No bill containing an appropriation of money from any
2-18 source except the federal government shall be considered as passed
2-19 or be sent to the Governor for consideration until and unless the
2-20 Comptroller of Public Accounts endorses the Comptroller's
2-21 certificate thereon showing that the appropriation does not
2-22 contravene the limitation on the rate of growth of appropriations
2-23 imposed by Section 22, Article VIII, of this constitution. When
2-24 the Comptroller finds an appropriation bill contains an
2-25 appropriation that contravenes the limitation on the rate of growth
2-26 of appropriations, the Comptroller shall endorse that finding on
2-27 the bill, return the bill to the House from which it originated,
3-1 and immediately notify the House of Representatives and the Senate
3-2 of the finding.
3-3 SECTION 3. The following temporary provision is added to the
3-4 Texas Constitution:
3-5 TEMPORARY PROVISION. (a) This temporary provision applies to
3-6 the amendment to Section 22, Article VIII, of this constitution,
3-7 proposed by the 77th Legislature, Regular Session, 2001,
3-8 restricting the rate of growth of appropriations from all sources
3-9 of revenue except the federal government to the estimated rate of
3-10 growth of total personal income in this state. This temporary
3-11 provision expires September 2, 2003.
3-12 (b) The changes made to Section 22, Article VIII, of this
3-13 constitution by the amendment apply only in relation to
3-14 appropriations made for the state fiscal biennium beginning
3-15 September 1, 2003, and subsequent state fiscal biennia.
3-16 Appropriations for the state fiscal biennium that begins September
3-17 1, 2001, are governed by Section 22, Article VIII, as it existed
3-18 immediately before the amendment was approved by the voters.
3-19 SECTION 4. This proposed constitutional amendment shall be
3-20 submitted to the voters at an election to be held November 6, 2001.
3-21 The ballot shall be printed to permit voting for or against the
3-22 proposition: "The constitutional amendment to limit the growth of
3-23 the state budget to the rate of growth in Texas personal income."