78R9883 JJT-D


By:  Isett, Delisi, Wohlgemuth, Bohac,                          H.J.R. No. 15 
 
    Christian, et al.                                                        

Substitute the following for H.J.R. No. 15:                                   

By:  Davis of Harris                                        C.S.H.J.R. No. 15 



A JOINT RESOLUTION

proposing a constitutional amendment concerning the restriction on 
the rate of growth of appropriations.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 22, Article VIII, Texas Constitution, is 
amended to read as follows:
	Sec. 22.  (a)  In no biennium shall the rate of growth of 
appropriations from all sources of revenue except the federal 
government [state tax revenues not dedicated by this constitution] 
exceed a rate equal to the sum of the estimated rate of growth of the 
state's population and the estimated rate of inflation in the state
[the state's economy].  In this subsection, the rate of growth of 
appropriations from the current biennium to the next biennium is 
the percentage difference between:
		(1)  the lesser of:                                                    
			(A)  the amount of money appropriated for the 
current biennium from all sources of revenue other than the federal 
government, as cumulatively estimated by the comptroller at the 
times the comptroller endorsed, in accordance with Article III, 
Section 49a, of this constitution, the comptroller's certificate on 
the bills making the appropriations; and
			(B)  the amount of money actually appropriated for 
the current biennium from all sources of revenue other than the 
federal government, using the most recently available information; 
and
		(2)  the amount of money appropriated for the next 
biennium from all sources of revenue other than the federal 
government, as finally estimated by the comptroller at the times 
the Acts making appropriations are considered by the comptroller 
under Article III, Section 49a, of this constitution.
	(b)  The legislature shall provide by general law procedures 
to implement Subsection (a) of this section [subsection].
	(c) [(b)]  If the legislature by adoption of a resolution 
approved by a record vote of two-thirds [a majority] of the members 
of each house finds that an emergency exists and identifies the 
nature of the emergency, the legislature may provide for 
appropriations in excess of the amount authorized by Subsection (a) 
of this section.  The excess authorized under this subsection may 
not exceed the amount specified in the resolution.
	(d) [(c)]  In no case shall appropriations exceed revenues 
as provided in Article III, Section 49a, of this constitution.  
Nothing in this section shall be construed to alter, amend, or 
repeal Article III, Section 49a, of this constitution.
	SECTION 2.  Section 49a, Article III, Texas Constitution, is 
amended by adding Subsection (c) to read as follows:
	(c)  No bill containing an appropriation of money from any 
source except the federal government shall be considered as passed 
or be sent to the Governor for consideration until and unless the 
Comptroller of Public Accounts endorses the Comptroller's 
certificate thereon showing that the appropriation does not 
contravene the limitation on the rate of growth of appropriations 
imposed by Section 22, Article VIII, of this constitution.  When the 
Comptroller finds that a bill contains an appropriation that 
contravenes the limitation on the rate of growth of appropriations, 
the Comptroller shall endorse that finding on the bill, return the 
bill to the House from which it originated, and immediately notify 
the House of Representatives and the Senate of the finding.
	SECTION 3.  The following temporary provision is added to 
the Texas Constitution:
	TEMPORARY PROVISION.  (a)  This temporary provision applies 
to the amendment to Section 22, Article VIII, and Section 49a, 
Article III, of this constitution, proposed by the 78th 
Legislature, Regular Session, 2003, restricting the rate of growth 
of appropriations from all sources of revenue except the federal 
government to a rate equal to the sum of the estimated rate of 
growth of the state's population and the estimated rate of 
inflation in the state.  This temporary provision expires September 
2, 2005.
	(b)  The changes made to Section 22, Article VIII, and 
Section 49a, Article III, of this constitution by the amendment 
apply only in relation to appropriations made for the state fiscal 
biennium beginning September 1, 2005, and subsequent state fiscal 
bienniums.  Appropriations for the state fiscal biennium that 
begins September 1, 2003, are governed by Section 22, Article VIII, 
and Section 49a, Article III, as they existed immediately before 
the amendment was approved by the voters.
	SECTION 4.   This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003.  
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment to limit the rate of 
growth of the state budget paid from all sources of revenue except 
the federal government to a rate equal to the sum of the rate of 
growth of the state's population and the rate of inflation."