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A JOINT RESOLUTION
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proposing a constitutional amendment regarding limitations on the |
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rate of growth of expenditures by the state government. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22, Article VIII, Texas Constitution, is |
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amended to read as follows: |
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Sec. 22. (a) The [In no biennium shall the] rate of growth |
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of appropriations from the state treasury for a fiscal biennium, as |
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compared to the previous fiscal biennium, from all available |
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sources of revenue except the federal government may not [state tax
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revenues not dedicated by this constitution] exceed the average |
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[estimated] rate of growth during the three previous fiscal |
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bienniums of population and inflation in this state as estimated by |
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the comptroller of public accounts [the state's economy]. The |
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comptroller shall estimate the rate of growth by subtracting one |
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from the product of: |
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(1) the sum of one and the estimated average rate of |
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growth of this state's population during the three previous fiscal |
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bienniums; and |
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(2) the sum of one and the estimated average rate of |
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growth in the consumer price index during the three previous fiscal |
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bienniums. |
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(b) During the first week of each regular legislative |
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session, the comptroller of public accounts shall specify the limit |
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under this section on the amount of permissible appropriations from |
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all available sources of revenue except the federal government for |
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the next fiscal biennium. The comptroller shall determine the |
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limit by multiplying the amount of appropriations for the |
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then-current fiscal biennium by the sum of one plus the |
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comptroller's estimated average rate of growth of population and |
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inflation in this state as determined under Subsection (a) of this |
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section. [The legislature shall provide by general law procedures
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to implement this subsection.] |
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(c) [(b)] If the legislature by adoption of a resolution |
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approved by a record vote of a majority of the members of each house |
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finds that an emergency exists and identifies the nature of the |
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emergency, the legislature may provide for appropriations in excess |
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of the applicable amount the comptroller of public accounts |
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specifies under [authorized by] Subsection (b) [(a)] of this |
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section as the limit on the permissible amount of appropriations. |
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The total of the excess appropriations authorized by resolutions |
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approved under this subsection may not exceed the total of the |
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amounts [amount] specified in those resolutions [the resolution]. |
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(d) [(c)] In no case shall appropriations exceed revenues |
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as provided in Article III, Section 49a, of this constitution. |
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Nothing in this section shall be construed to alter, amend, or |
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repeal Article III, Section 49a, of this constitution. |
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SECTION 2. Section 49a, Article III, Texas Constitution, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A bill containing an appropriation of money from any |
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source except the federal government may not be considered as |
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passed and may not be sent to the Governor for consideration until |
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and unless the Comptroller of Public Accounts endorses on the bill |
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the Comptroller's certificate showing that the appropriation does |
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not contravene the limitation on the rate of growth of |
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appropriations imposed by Section 22, Article VIII, of this |
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constitution. When the Comptroller finds that a bill contains an |
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appropriation that contravenes the limitation on the rate of growth |
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of appropriations, the Comptroller shall endorse that finding on |
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the bill, return the bill to the House from which it originated, and |
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immediately notify the House of Representatives and the Senate of |
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the finding. |
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SECTION 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the amendments to Section 22, Article VIII, and Section 49a, |
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Article III, of this constitution regarding a limitation on the |
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rate of growth of appropriations. This temporary provision expires |
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December 1, 2010. |
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(b) The changes made to Section 22, Article VIII, and |
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Section 49a, Article III, of this constitution by the amendments |
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apply only in relation to appropriations made for the state fiscal |
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biennium beginning September 1, 2009, and subsequent state fiscal |
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bienniums. Appropriations for the state fiscal biennium that began |
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September 1, 2007, are governed by Section 22, Article VIII, and |
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Section 49a, Article III, as they existed on January 1, 2007. |
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(c) In relation to appropriations made for the state fiscal |
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biennium beginning September 1, 2009, and subsequent state fiscal |
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bienniums, the changes made to Section 22, Article VIII, of this |
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constitution by the amendments invalidate conflicting or |
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inconsistent general laws of this state, including Sections 316.001 |
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through 316.008, Government Code, as that law existed on January 1, |
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2007. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment regarding limitations |
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on the rate of growth of expenditures by the state government." |