By:  Heflin                                                       H.B. No. 3455



A BILL TO BE ENTITLED

AN ACT

relating to powers of the governor as the chief executive officer of 
the state and the organization and efficiency of state agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Section 401, Government Code, is 
amended to read as follows:
	Sec. 401.041.  CHIEF BUDGET OFFICER.  The governor is the 
chief budget officer of the state.
	Sec. 401.042.  UNIFORM BUDGET ESTIMATE FORMS.  (a)  The 
governor may collaborate with the Legislative Budget Board in 
designing and preparing uniform budget estimate forms on which all 
requests for legislative appropriations must be prepared.
	(b)  The governor shall require that all appropriation 
requests be submitted to the governor on the forms.
	Sec. 401.043.  BUDGET HEARINGS.  (a)  After receiving the 
appropriation requests, the governor shall hold one or more public 
hearings concerning the requests.  The governor shall preside at 
each hearing, except that the governor may authorize any employee 
of the executive branch to preside and represent the governor in the 
governor's absence.
	(b)  The head of a state agency that is seeking 
appropriations is entitled to speak at a hearing under this section 
at which the appropriation request is considered.  The governor may 
require the head or any employee of a state agency seeking 
appropriations to appear at the hearing and present information 
about the appropriations.  A taxpayer is entitled to participate in 
the discussion at a hearing under this section of any item proposed 
to be included in the budget under consideration.
	(c)  In this section, "state agency" means a board, 
commission, department, or other agency in the executive or 
judicial branch of state government.
	Sec. 401.044.  COOPERATION WITH LEGISLATIVE BUDGET BOARD.  
(a)  The governor and the Legislative Budget Board may cooperate, 
exchange information, and hold joint public hearings on the 
biennial appropriation budget.
	(b)  At a joint hearing under this section, the governor 
shall preside or, if the governor is unable to preside:
		(1)  the lieutenant governor shall preside; or                                
		(2)  a person appointed by the governor and the 
lieutenant governor shall preside.
	Sec. 401.0445.  COMPILATION OF THE BUDGET.  (a)  The governor 
may [shall] compile the biennial appropriation budget using 
information:
		(1)  submitted to the governor in the uniform budget 
estimate forms; and    
		(2)  obtained at public hearings, from inspections, and 
from other sources. 
	(b)  In the budget, the governor may [shall] show:     
		(1)  the list of appropriations for the current year 
preceding the biennium for which appropriations are sought and 
recommended;
		(2)  expenditures for [each of] the year [two full 
years] preceding the current year; and
		(3)  the amounts requested by the various agencies and 
the amounts recommended by the governor for each of the years of the 
biennium.
	Sec. 401.045.  LEGISLATIVE EXPENSES.  The governor may not 
include in the governor's budget or appropriation bill any 
appropriation for per diem or mileage expenses of members of the 
legislature or for necessary expenses of the legislature.
	Sec. 401.046.  DISTRIBUTION OF BUDGET.  (a)  The governor may 
[shall] deliver a copy of the governor's budget to each member of 
the legislature [not later than the sixth day of each regular 
legislative session].
	(b)  The governor shall have as many copies of the budget 
printed for public distribution as the governor considers 
necessary.
	[Sec. 401.047.  PENALTY.  A person who refuses to comply with 
a provision of this subchapter other than Section 401.044 commits 
an offense.  An offense under this section is punishable by a fine 
of not less than $100 or more than $1,000, confinement in county 
jail for not less than one month or more than one year, or both fine 
and confinement.]
	Sec. 401.048.  ANNUAL BUDGETS.  A reference in this 
subchapter or in Chapter 322 to a biennial budget or a regular 
legislative session means an annual budget or an annual budget 
session if a constitutional amendment is adopted providing for 
annual budget sessions of the legislature.
	SECTION 2.  Chapter 2083, Government Code, is repealed.                        
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.