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78R6149 EMT-D

By:  Wilson                                                     H.J.R. No. 93 



A JOINT RESOLUTION

proposing a constitutional amendment to abolish and prohibit 
constitutional and statutory dedications of and restrictions on the 
use of state funds and revenue.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article XVI, Texas Constitution, is amended by 
adding Section 72 to read as follows:
	Sec. 72.  (a)  Notwithstanding any other provision of this 
constitution to the contrary, all dedications of state funds and 
revenue for a particular purpose and all restrictions on the use of 
state funds and revenue made by this constitution are abolished, 
other than:
		(1)  dedications under which the money is held in trust 
for the benefit of private persons, state or local government 
employees or retirees, or local governmental entities; and
		(2)  dedications under which the money is appropriated 
or designated by the constitution to pay the principal or interest 
on bonds or other public securities issued before January 1, 2004.
	(b)  A dedication of state money or a restriction on the use 
of state money provided by statute is invalid and of no effect 
unless the dedication or restriction is:
		(1)  required by federal law or necessary to meet 
conditions prescribed for participation or qualification in a 
program under federal law;
		(2)  applicable to money held in trust for the benefit 
of private persons, state or local government employees or 
retirees, or local governmental entities; or
		(3)  applicable to money held or designated to pay the 
principal of or interest on bonds or other public securities.
	(c)  The comptroller has exclusive authority to determine 
what state money or funds are included within the exceptions listed 
in Subsections (a) and (b) of this section, subject to judicial 
review as provided by law for judicial review of an administrative 
action of the comptroller.  A court may reverse a determination of 
the comptroller only if the determination is clearly erroneous.
	SECTION 2.  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 provide for voting for or against the 
proposition:  "The constitutional amendment to abolish and prohibit 
constitutional and statutory dedications of and restrictions on the 
use of state funds and revenue."