80R8321 JJT-D
 
  By: Williams S.J.R. No. 56
 
 
 
   
 
 
A JOINT RESOLUTION
proposing a constitutional amendment regarding limitations on the
rate of growth of expenditures by the state government.
       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)  The [In no biennium shall the] rate of growth
of appropriations from the state treasury for a fiscal biennium, as
compared to the previous fiscal biennium, from all available
sources of revenue except the federal government may not [state tax
revenues not dedicated by this constitution] exceed the average 
[estimated] rate of growth during the three previous fiscal
bienniums of population and inflation in this state as estimated by
the comptroller of public accounts [the state's economy]. The
comptroller shall estimate the rate of growth by subtracting one
from the product of:
             (1)  the sum of one and the estimated average rate of
growth of this state's population during the three previous fiscal
bienniums; and
             (2)  the sum of one and the estimated average rate of
growth in the consumer price index during the three previous fiscal
bienniums.
       (b)  During the first week of each regular legislative
session, the comptroller of public accounts shall specify the limit
under this section on the amount of permissible appropriations from
all available sources of revenue except the federal government for
the next fiscal biennium.  The comptroller shall determine the
limit by multiplying the amount of appropriations for the
then-current fiscal biennium by the sum of one plus the
comptroller's estimated average rate of growth of population and
inflation in this state as determined under Subsection (a) of this
section. [The legislature shall provide by general law procedures
to implement this subsection.]
       (c) [(b)]  If the legislature by adoption  of a resolution
approved by a record vote of 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 applicable amount the comptroller of public accounts
specifies under [authorized by] Subsection (b) [(a)] of this
section as the limit on the permissible amount of appropriations.  
The total of the excess appropriations authorized by resolutions
approved under this subsection may not exceed the total of the
amounts [amount] specified in those resolutions [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)  A bill containing an appropriation of money from any
source except the federal government may not be considered as
passed and may not be sent to the Governor for consideration until
and unless the Comptroller of Public Accounts endorses on the bill
the Comptroller's certificate 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 amendments to Section 22, Article VIII, and Section 49a,
Article III, of this constitution regarding a limitation on the
rate of growth of appropriations.  This temporary provision expires
December 1, 2010.
       (b)  The changes made to Section 22, Article VIII, and
Section 49a, Article III, of this constitution by the amendments
apply only in relation to appropriations made for the state fiscal
biennium beginning September 1, 2009, and subsequent state fiscal
bienniums. Appropriations for the state fiscal biennium that began
September 1, 2007, are governed by Section 22, Article VIII, and
Section 49a, Article III, as they existed on January 1, 2007.
       (c)  In relation to appropriations made for the state fiscal
biennium beginning September 1, 2009, and subsequent state fiscal
bienniums, the changes made to Section 22, Article VIII, of this
constitution by the amendments invalidate conflicting or
inconsistent general laws of this state, including Sections 316.001
through 316.008, Government Code, as that law existed on January 1,
2007.
       SECTION 4.  This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 6, 2007.
The ballot shall be printed to provide for voting for or against the
proposition:  "The constitutional amendment regarding limitations
on the rate of growth of expenditures by the state government."