By Lucio S.J.R. No. 39
77R1707 JRD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for annual sessions
1-2 of the legislature and allowing for an annual state budget.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 5, 24, 28, 49a, and 49-g, Article III,
1-5 Texas Constitution, are amended to read as follows:
1-6 Sec. 5. (a) The Legislature shall meet every year in Regular
1-7 Session or Budget Session as provided by this section [two years]
1-8 at such time as may be provided by law, and at other times when
1-9 convened by the Governor in Special Session. The regular meeting
1-10 of the Legislature in an odd-numbered year shall be known as the
1-11 Regular Session of the Legislature. The regular meeting of the
1-12 Legislature in an even-numbered year shall be known as the Budget
1-13 Session of the Legislature. If the time for convening a Regular or
1-14 Budget Session is not provided by law, the Governor shall determine
1-15 the date the Legislature convenes in Regular or Budget Session.
1-16 (b) When convened in Regular [regular] Session, the first 30
1-17 [thirty] days thereof shall be devoted to the introduction of bills
1-18 and resolutions, acting upon emergency appropriations, passing upon
1-19 the confirmation of the recess appointees of the Governor and such
1-20 emergency matters as may be submitted by the Governor in special
1-21 messages to the Legislature. During the succeeding 30 [thirty]
1-22 days of the Regular Session [regular session] of the Legislature
1-23 the various committees of each House shall hold hearings to
1-24 consider all bills and resolutions and other matters then pending;
2-1 and such emergency matters as may be submitted by the Governor.
2-2 During the remainder of the Regular Session [session] the
2-3 Legislature shall act upon such bills and resolutions as may be
2-4 then pending and upon such emergency matters as may be submitted by
2-5 the Governor in special messages to the Legislature.
2-6 (c) When convened in Budget Session, the first 60 days shall
2-7 be devoted to hearings by the budget committees of each House on a
2-8 general appropriations bill and emergency appropriations and to
2-9 hearings by other appropriate committees on any emergency matter
2-10 submitted by the Governor in a special message to the Legislature.
2-11 During the succeeding 30 days of the Budget Session, each House of
2-12 the Legislature shall convene to act upon a general appropriations
2-13 bill, any necessary emergency appropriations, and any emergency
2-14 matter submitted by the Governor in a special message to the
2-15 Legislature. During the succeeding 30 days of the Budget Session,
2-16 committees may meet to adjust any differences between the Houses on
2-17 legislation passed by each House. During the succeeding 14 days,
2-18 each House of the Legislature may convene to act upon a general
2-19 appropriations bill, any necessary emergency appropriations, and
2-20 any emergency matter submitted by the Governor in a special message
2-21 to the Legislature. When convened in Budget Session, a House of
2-22 the Legislature may not consider a bill or proposed constitutional
2-23 amendment on a matter other than:
2-24 (1) appropriations or state revenue; or
2-25 (2) an emergency matter submitted by the Governor in a
2-26 special message to the Legislature.
2-27 (d) When convened in a Regular or Budget Session, the
3-1 Legislature may enact a general appropriations bill that
3-2 appropriates money for one or two fiscal years or a general
3-3 appropriations bill that contains appropriations covering one
3-4 fiscal year for some operations of state government and
3-5 appropriations covering two fiscal years for other operations of
3-6 state government. This subsection does not limit the authority of
3-7 the Legislature to enact an appropriations bill for any other
3-8 period within the limit provided by Section 6, Article VIII, of
3-9 this constitution.
3-10 (e) Notwithstanding Subsection (b) or (c), either House may
3-11 determine its order of business by an affirmative vote of
3-12 four-fifths of its membership.
3-13 Sec. 24. (a) Members of the Legislature shall receive from
3-14 the Public Treasury a salary of Six Hundred Dollars ($600) per
3-15 month, unless a greater amount is recommended by the Texas Ethics
3-16 Commission and approved by the voters of this State in which case
3-17 the salary is that amount. Each member shall also receive a per
3-18 diem set by the Texas Ethics Commission for each day during each
3-19 [Regular and Special] Session of the Legislature.
3-20 (b) No Regular Session shall be of longer duration than one
3-21 hundred and forty (140) days. During a Budget Session, the full
3-22 Legislature may not convene for longer than 44 days as prescribed
3-23 by Section 5(c) of this article.
3-24 (c) In addition to the per diem the Members of each House
3-25 shall be entitled to mileage at the same rate as prescribed by law
3-26 for employees of the State of Texas.
3-27 Sec. 28. The Legislature shall, at its first Regular Session
4-1 [regular session] after the publication of each United States
4-2 decennial census, apportion the state into senatorial and
4-3 representative districts, agreeable to the provisions of Sections
4-4 25, 26, and 26-a of this Article. In the event the Legislature
4-5 shall at any such first Regular Session [regular session] following
4-6 the publication of a United States decennial census, fail to make
4-7 such apportionment, same shall be done by the Legislative
4-8 Redistricting Board of Texas, which is hereby created, and shall be
4-9 composed of five (5) members, as follows: The Lieutenant Governor,
4-10 the Speaker of the House of Representatives, the Attorney General,
4-11 the Comptroller of Public Accounts and the Commissioner of the
4-12 General Land Office, a majority of whom shall constitute a quorum.
4-13 Said Board shall assemble in the City of Austin within ninety (90)
4-14 days after the final adjournment of such Regular Session [regular
4-15 session]. The Board shall, within sixty (60) days after
4-16 assembling, apportion the state into senatorial and representative
4-17 districts, or into senatorial or representative districts, as the
4-18 failure of action of such Legislature may make necessary. Such
4-19 apportionment shall be in writing and signed by three (3) or more
4-20 of the members of the Board duly acknowledged as the act and deed
4-21 of such Board, and, when so executed and filed with the Secretary
4-22 of State, shall have force and effect of law. Such apportionment
4-23 shall become effective at the next succeeding statewide general
4-24 election. The Supreme Court of Texas shall have jurisdiction to
4-25 compel such Board [Commission] to perform its duties in accordance
4-26 with the provisions of this section by writ of mandamus or other
4-27 extraordinary writs conformable to the usages of law. The
5-1 Legislature shall provide necessary funds for clerical and
5-2 technical aid and for other expenses incidental to the work of the
5-3 Board, and the Lieutenant Governor and the Speaker of the House of
5-4 Representatives shall be entitled to receive per diem and travel
5-5 expense during the Board's session in the same manner and amount as
5-6 they would receive while attending a special session of the
5-7 Legislature. [This amendment shall become effective January 1,
5-8 1951.]
5-9 Sec. 49a. (a) It shall be the duty of the Comptroller of
5-10 Public Accounts in advance of each Regular Session and Budget
5-11 Session of the Legislature to prepare and submit to the Governor
5-12 and to the Legislature upon its convening a statement under oath
5-13 showing fully the financial condition of the State Treasury at the
5-14 close of the last fiscal period and an estimate of the probable
5-15 receipts and disbursements for the then current fiscal year. There
5-16 shall also be contained in said statement an itemized estimate of
5-17 the anticipated revenue based on the laws then in effect that will
5-18 be received by and for the State from all sources showing the fund
5-19 accounts to be credited during each of the next two fiscal years
5-20 [the succeeding biennium] and said statement shall contain such
5-21 other information as may be required by law. Supplemental
5-22 statements shall be submitted at any Special Session of the
5-23 Legislature and at such other times as may be necessary to show
5-24 probable changes.
5-25 (b) Except in the case of emergency and imperative public
5-26 necessity and with a four-fifths vote of the total membership of
5-27 each House, no appropriation in excess of the cash and anticipated
6-1 revenue of the funds from which such appropriation is to be made
6-2 shall be valid. No bill containing an appropriation shall be
6-3 considered as passed or be sent to the Governor for consideration
6-4 until and unless the Comptroller of Public Accounts endorses his
6-5 certificate thereon showing that the amount appropriated is within
6-6 the amount estimated to be available in the affected funds. When
6-7 the Comptroller finds an appropriation bill exceeds the estimated
6-8 revenue he shall endorse such finding thereon and return to the
6-9 House in which same originated. Such information shall be
6-10 immediately made known to both the House of Representatives and the
6-11 Senate and the necessary steps shall be taken to bring such
6-12 appropriation to within the revenue, either by providing additional
6-13 revenue or reducing the appropriation. If a general appropriations
6-14 bill makes appropriations for part but not all of the reasonably
6-15 expected expenditures by state government for the second fiscal
6-16 year of the period covered by the bill, the Comptroller shall
6-17 prepare and submit to the Governor and the Legislature an itemized
6-18 statement that shows:
6-19 (1) the anticipated revenue based on the laws then in
6-20 effect that will be received by and for the State from all sources
6-21 during the second fiscal year of the period covered by the bill;
6-22 (2) the amount appropriated for the second fiscal year
6-23 of the period covered by the bill; and
6-24 (3) the total amounts appropriated by the bill for the
6-25 first fiscal year of the period covered by the bill, and by all
6-26 other Acts making appropriations for that first fiscal year, for
6-27 the operations of state government that are not funded by the bill
7-1 for the second fiscal year.
7-2 Sec. 49-g. (a) The economic stabilization fund is
7-3 established as a special fund in the state treasury.
7-4 (b) The comptroller shall, not later than the 90th day of
7-5 each fiscal year [biennium], transfer to the economic stabilization
7-6 fund one-half of any unencumbered positive balance of general
7-7 revenues on the last day of the preceding fiscal year [biennium].
7-8 If necessary, the comptroller shall reduce the amount transferred
7-9 in proportion to the other amounts prescribed by this section to
7-10 prevent the amount in the fund from exceeding the limit in effect
7-11 [for that biennium] under Subsection (g) of this section.
7-12 (c) Not later than the 90th day of each fiscal year, the
7-13 comptroller of public accounts shall transfer from general revenue
7-14 to the economic stabilization fund the amounts prescribed by
7-15 Subsections (d) and (e) of this section. However, if necessary,
7-16 the comptroller shall reduce proportionately the amounts
7-17 transferred to prevent the amount in the fund from exceeding the
7-18 limit in effect [for that biennium] under Subsection (g) of this
7-19 section.
7-20 (d) If in the preceding fiscal year the state received from
7-21 oil production taxes a net amount greater than the net amount of
7-22 oil production taxes received by the state in the fiscal year
7-23 ending August 31, 1987, the comptroller shall transfer to the
7-24 economic stabilization fund an amount equal to 75 percent of the
7-25 difference between those amounts. The comptroller shall retain the
7-26 remaining 25 percent of the difference as general revenue. In
7-27 computing the net amount of oil production taxes received, the
8-1 comptroller may not consider refunds paid as a result of oil
8-2 overcharge litigation.
8-3 (e) If in the preceding fiscal year the state received from
8-4 gas production taxes a net amount greater than the net amount of
8-5 gas production taxes received by the state in the fiscal year
8-6 ending August 31, 1987, the comptroller shall transfer to the
8-7 economic stabilization fund an amount equal to 75 percent of the
8-8 difference between those amounts. The comptroller shall retain the
8-9 remaining 25 percent of the difference as general revenue. For the
8-10 purposes of this subsection, the comptroller shall adjust his
8-11 computation of revenues to reflect only 12 months of collection.
8-12 (f) The legislature may appropriate additional amounts to
8-13 the economic stabilization fund.
8-14 (g) During each fiscal year [biennium], the amount in the
8-15 economic stabilization fund may not exceed an amount equal to 10
8-16 percent of the total amount, excluding investment income, interest
8-17 income, and amounts borrowed from special funds, deposited in
8-18 general revenue during the preceding two fiscal years [biennium].
8-19 (h) In preparing an estimate of anticipated revenues for
8-20 each of the next two fiscal years [a succeeding biennium] as
8-21 required by Article III, Section 49a, of this constitution, the
8-22 comptroller shall estimate the amount of the transfers that will be
8-23 made under Subsections (b), (d), and (e) of this section. The
8-24 comptroller shall deduct that amount from the estimate of
8-25 anticipated revenues as if the transfers were made on August 31 of
8-26 each [that] fiscal year.
8-27 (i) The comptroller shall credit to general revenue interest
9-1 due to the economic stabilization fund that would result in an
9-2 amount in the economic stabilization fund that exceeds the limit in
9-3 effect under Subsection (g) of this section.
9-4 (j) The comptroller may transfer money from the economic
9-5 stabilization fund to general revenue to prevent or eliminate a
9-6 temporary cash deficiency in general revenue. The comptroller
9-7 shall return the amount transferred to the economic stabilization
9-8 fund as soon as practicable, but not later than August 31 of each
9-9 [odd-numbered] year. The comptroller shall allocate the depository
9-10 interest as if the transfers had not been made. If the comptroller
9-11 submits a statement to the governor and the legislature under
9-12 Article III, Section 49a, of this constitution when money from the
9-13 economic stabilization fund is in general revenue, the comptroller
9-14 shall state that the transferred money is not available for
9-15 appropriation from general revenue.
9-16 (k) Amounts from the economic stabilization fund may be
9-17 appropriated during a Regular Session of the Legislature [regular
9-18 legislative session] only for a purpose for which an appropriation
9-19 from general revenue was made by the preceding legislature and may
9-20 be appropriated in a Budget Session or Special Session [special
9-21 session] only for a purpose for which an appropriation from general
9-22 revenue was made in a preceding legislative session of the same
9-23 legislature. An appropriation from the economic stabilization fund
9-24 may be made only if the comptroller certifies that appropriations
9-25 from general revenue made by the preceding legislature for the
9-26 current fiscal year [biennium] exceed available general revenues
9-27 and cash balances for the remainder of that fiscal year [biennium].
10-1 The amount of an appropriation from the economic stabilization fund
10-2 may not exceed the difference between the comptroller's estimate of
10-3 general revenue for the current fiscal year [biennium] at the time
10-4 the comptroller receives for certification the bill making the
10-5 appropriation and the amount of general revenue appropriations for
10-6 that fiscal year [biennium] previously certified by the
10-7 comptroller. Appropriations from the economic stabilization fund
10-8 under this subsection may not extend beyond the last day of the
10-9 current fiscal year [biennium]. An appropriation from the economic
10-10 stabilization fund must be approved by a three-fifths vote of the
10-11 members present in each house of the legislature.
10-12 (l) If an estimate of anticipated revenues for a succeeding
10-13 fiscal year [biennium] prepared by the comptroller pursuant to
10-14 Article III, Section 49a, of this constitution is less than the
10-15 revenues that are estimated at the same time by the comptroller to
10-16 be available for the current fiscal year [biennium], the
10-17 legislature may, by a three-fifths vote of the members present in
10-18 each house, appropriate for the succeeding fiscal year [biennium]
10-19 from the economic stabilization fund an amount not to exceed this
10-20 difference. Following each fiscal year, the actual amount of
10-21 revenue shall be computed, and if the estimated difference exceeds
10-22 the actual difference, the comptroller shall transfer the amount
10-23 necessary from general revenue to the economic stabilization fund
10-24 so that the actual difference shall not be exceeded. If all or a
10-25 portion of the difference in revenue from one fiscal year
10-26 [biennium] to the next results, at least in part, from a change in
10-27 a tax rate or base adopted by the legislature, the computation of
11-1 revenue difference shall be adjusted to the amount that would have
11-2 been available had the rate or base not been changed.
11-3 (m) In addition to the appropriation authority provided by
11-4 Subsections (k) and (l) of this section, the legislature may, by a
11-5 two-thirds vote of the members present in each house, appropriate
11-6 amounts from the economic stabilization fund at any time and for
11-7 any purpose.
11-8 (n) Money appropriated from the economic stabilization fund
11-9 is subject to being withheld or transferred, within any limits
11-10 provided by statute, by any person or entity authorized to exercise
11-11 the power granted by Article XVI, Section 69, of this constitution.
11-12 (o) In this section, "net" means the amount of money that is
11-13 equal to the difference between gross collections and refunds
11-14 before the comptroller allocates the receipts as provided by law.
11-15 SECTION 2. Section 49(c), Article III, Texas Constitution, is
11-16 amended to read as follows:
11-17 (c) The legislature may call an election during any Regular
11-18 or Budget Session [regular session] of the legislature or during
11-19 any special session of the legislature in which the subject of the
11-20 election is designated in the governor's proclamation for that
11-21 special session. The election may be held on any date, and notice
11-22 of the election shall be given for the period and in the manner
11-23 required for amending this constitution. The election shall be
11-24 held in each county in the manner provided by law for other
11-25 statewide elections.
11-26 SECTION 3. Sections 3 and 9, Article IV, Texas
11-27 Constitution, are amended to read as follows:
12-1 Sec. 3. The returns of every election for said executive
12-2 officers, until otherwise provided by law, shall be made out,
12-3 sealed up, and transmitted by the returning officers prescribed by
12-4 law, to the seat of Government, directed to the Secretary of State,
12-5 who shall deliver the same to the Speaker of the House of
12-6 Representatives, as soon as the Speaker shall be chosen, and the
12-7 said Speaker shall, during the first week of the Regular Session
12-8 [session] of the Legislature, open and publish them in the presence
12-9 of both Houses of the Legislature. The person, voted for at said
12-10 election, having the highest number of votes for each of said
12-11 offices respectively, and being constitutionally eligible, shall be
12-12 declared by the Speaker, under sanction of the Legislature, to be
12-13 elected to said office. But, if two or more persons shall have the
12-14 highest and an equal number of votes for either of said offices,
12-15 one of them shall be immediately chosen to such office by joint
12-16 vote of both Houses of the Legislature. Contested elections for
12-17 either of said offices, shall be determined by both Houses of the
12-18 Legislature in joint session.
12-19 Sec. 9. The Governor shall, at the commencement of each
12-20 session of the Legislature, and at the close of his term of office,
12-21 give to the Legislature information, by message, of the condition
12-22 of the State; and he shall recommend to the Legislature such
12-23 measures as he may deem expedient. He shall account to the
12-24 Legislature for all public moneys received and paid out by him,
12-25 from any funds subject to his order, with vouchers; and shall
12-26 accompany his message with a statement of the same. And at the
12-27 commencement of each Regular Session and Budget Session [regular
13-1 session], he shall present estimates of the amount of money
13-2 required to be raised by taxation for all purposes.
13-3 SECTION 4. Sections 12(d) and (e), Article IV, Texas
13-4 Constitution, are amended to read as follows:
13-5 (d) If the Senate, at any [special] session other than a
13-6 Regular Session, does not take final action to confirm or reject a
13-7 previously unconfirmed recess appointee or another person nominated
13-8 to fill the vacancy for which the appointment was made:
13-9 (1) the Governor after the session may appoint another
13-10 person to fill the vacancy; and
13-11 (2) the appointee, if otherwise qualified and if not
13-12 removed as provided by law, is entitled to continue in office until
13-13 the earlier of the following occurs:
13-14 (A) the Senate rejects the appointee at a
13-15 subsequent session; or
13-16 (B) the Governor appoints another person to fill
13-17 the vacancy under Subdivision (1) of this subsection.
13-18 (e) If the Senate, at a Regular Session [regular session],
13-19 does not take final action to confirm or reject a previously
13-20 unconfirmed recess appointee or another person nominated to fill
13-21 the vacancy for which the appointment was made, the appointee or
13-22 other person, as appropriate, is considered to be rejected by the
13-23 Senate when the Senate session ends.
13-24 SECTION 5. Section 7a(d), Article V, Texas Constitution, is
13-25 amended to read as follows:
13-26 (d) The reapportionment powers of the board shall be
13-27 exercised in the interims between Regular Sessions [regular
14-1 sessions] of the legislature, except that a reapportionment may not
14-2 be ordered by the board during an interim immediately following a
14-3 Regular Session [regular session] of the legislature in which a
14-4 valid and subsisting statewide apportionment of judicial districts
14-5 is enacted by the legislature. The board has other powers and
14-6 duties as provided by the legislature and shall exercise its powers
14-7 under the policies, rules, standards, and conditions, not
14-8 inconsistent with this section, that the legislature provides.
14-9 SECTION 6. Section 17(a), Article VII, Texas Constitution,
14-10 is amended to read as follows:
14-11 (a) In the fiscal year beginning September 1, 1985, and each
14-12 fiscal year thereafter, there is hereby appropriated out of the
14-13 first money coming into the state treasury not otherwise
14-14 appropriated by the constitution $100 million to be used by
14-15 eligible agencies and institutions of higher education for the
14-16 purpose of acquiring land either with or without permanent
14-17 improvements, constructing and equipping buildings or other
14-18 permanent improvements, major repair or rehabilitation of buildings
14-19 or other permanent improvements, acquisition of capital equipment,
14-20 library books and library materials, and paying for acquiring,
14-21 constructing, or equipping or for major repair or rehabilitation of
14-22 buildings, facilities, other permanent improvements, or capital
14-23 equipment used jointly for educational and general activities and
14-24 for auxiliary enterprises to the extent of their use for
14-25 educational and general activities. For the five-year period that
14-26 begins on September 1, 2000, and for each five-year period that
14-27 begins after that period, the legislature, during a Regular Session
15-1 or Budget Session [regular session] that is nearest, but preceding,
15-2 a five-year period, may by two-thirds vote of the membership of
15-3 each house increase the amount of the constitutional appropriation
15-4 for the five-year period but may not adjust the appropriation in
15-5 such a way as to impair any obligation created by the issuance of
15-6 bonds or notes in accordance with this section.
15-7 SECTION 7. Section 22(a), Article VIII, Texas Constitution,
15-8 is amended to read as follows:
15-9 (a) In no fiscal year [biennium] shall the rate of growth of
15-10 appropriations from state tax revenues not dedicated by this
15-11 constitution exceed the estimated rate of growth of the state's
15-12 economy. The legislature shall provide by general law procedures
15-13 to implement this subsection.
15-14 SECTION 8. Section 13, Article XI, Texas Constitution, is
15-15 amended to read as follows:
15-16 Sec. 13. (a) Notwithstanding any other provision of this
15-17 constitution, the legislature may by law define for all purposes
15-18 those functions of a municipality that are to be considered
15-19 governmental and those that are proprietary, including
15-20 reclassifying a function's classification assigned under prior
15-21 statute or common law.
15-22 (b) This section applies to laws enacted by the 70th
15-23 Legislature, Regular Session, 1987, or enacted after that session
15-24 [and to all subsequent regular or special sessions of the
15-25 legislature].
15-26 SECTION 9. Section 1(a), Article XVII, Texas Constitution,
15-27 is amended to read as follows:
16-1 (a) The Legislature, at any Regular Session [regular
16-2 session], or at any Budget Session or special session when the
16-3 matter is included within the purposes for which the session is
16-4 convened, may propose amendments revising the Constitution, to be
16-5 voted upon by the qualified voters for statewide offices and
16-6 propositions, as defined in the Constitution and statutes of this
16-7 State. The date of the elections shall be specified by the
16-8 Legislature. The proposal for submission must be approved by a
16-9 vote of two-thirds of all the members elected to each House,
16-10 entered by yeas and nays on the journals.
16-11 SECTION 10. This proposed constitutional amendment shall be
16-12 submitted to the voters at an election to be held on November 6,
16-13 2001. The ballot shall be printed to permit voting for or against
16-14 the proposition: "The constitutional amendment providing for a
16-15 budget session of the legislature in each even-numbered year and a
16-16 regular session in each odd-numbered year, and allowing for an
16-17 annual state budget."