78R520 JJT-D
By: Isett 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 the estimated rate of growth of total personal income 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 Section 49a,
Article III, 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 Section 49a, Article III, 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 the estimated rate of growth of total personal income
in this 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 growth of
the state budget to the rate of growth in Texas personal income."