By: Krusee (Senate Sponsor - Ogden) H.J.R. No. 80
(In the Senate - Received from the House May 5, 2005;
May 8, 2005, read first time and referred to Subcommittee on
Emerging Technologies and Economic Development; May 19, 2005,
reported favorably to Committee on Business and Commerce;
May 21, 2005, reported favorably from Committee on Business and
Commerce by the following vote: Yeas 6, Nays 0; May 21, 2005, sent
to printer.)
HOUSE JOINT RESOLUTION
proposing a constitutional amendment clarifying that certain
economic development programs do not constitute a debt.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52-a, Article III, Texas Constitution,
is amended to read as follows:
Sec. 52-a. Notwithstanding any other provision of this
constitution, the legislature may provide for the creation of
programs and the making of loans and grants of public money, other
than money otherwise dedicated by this constitution to use for a
different purpose, for the public purposes of development and
diversification of the economy of the state, the elimination of
unemployment or underemployment in the state, the stimulation of
agricultural innovation, the fostering of the growth of enterprises
based on agriculture, or the development or expansion of
transportation or commerce in the state. Any bonds or other
obligations of a county, municipality, or other political
subdivision of the state that are issued for the purpose of making
loans or grants in connection with a program authorized by the
legislature under this section and that are payable from ad valorem
taxes must be approved by a vote of the majority of the registered
voters of the county, municipality, or political subdivision voting
on the issue. A program created or a loan or grant made as provided
by this section does not constitute or create a debt for the purpose
of any provision of this constitution or other law that prohibits a
political subdivision of the state from incurring debt or otherwise
limits the ability of a political subdivision of the state to incur
debt. An enabling law enacted by the legislature in anticipation of
the adoption of this amendment is not void because of its
anticipatory character.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2005.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment clarifying that
certain economic development programs do not constitute a debt."
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