82R1385 TJB-D
 
  By: Raymond H.J.R. No. 33
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment providing for an annual state
  budget and annual legislative sessions for budget purposes.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5(a), Article III, Texas Constitution,
  is amended to read as follows:
         (a)  The Legislature shall meet every odd-numbered year in
  regular session and every even-numbered year in budget session [two
  years] at such times [time] as may be provided by law. The
  Legislature also shall meet [and] at other times when convened by
  the Governor.
         SECTION 2.  Article III, Texas Constitution, is amended by
  adding Section 40a to read as follows:
         Sec. 40a.  (a) A budget session of the legislature may not
  exceed 60 days in duration, except that the legislature by majority
  vote of the membership of each house may extend a budget session by
  not more than 30 days. When convened in budget session, a house of
  the legislature may not consider a bill or proposed constitutional
  amendment on a matter other than:
               (1)  appropriations, transfers of state money among
  funds and accounts, or state revenue; or
               (2)  an emergency matter submitted by the governor in a
  special message to the legislature.
         (b)  Except as otherwise provided by this constitution, a
  budget session is treated in the same manner as a special session of
  the legislature for purposes of this constitution.
         (c)  Unless otherwise provided by general law, a budget
  session shall be convened at noon on the third Tuesday in April.
         SECTION 3.  Section 49(c), Article III, Texas Constitution,
  is amended to read as follows:
         (c)  The legislature may call an election during any regular
  session or budget session of the legislature or during any special
  session of the legislature in which the subject of the election is
  designated in the governor's proclamation for that special session.
  The election may be held on any date, and notice of the election
  shall be given for the period and in the manner required for
  amending this constitution. The election shall be held in each
  county in the manner provided by law for other statewide elections.
         SECTION 4.  Subsection (a), Section 49a, Article III, Texas
  Constitution, is amended to read as follows:
         (a)  It shall be the duty of the Comptroller of Public
  Accounts in advance of each Regular Session and Budget Session of
  the Legislature to prepare and submit to the Governor and to the
  Legislature upon its convening a statement under oath showing fully
  the financial condition of the State Treasury at the close of the
  last fiscal period and an estimate of the probable receipts and
  disbursements for the then current fiscal year. There shall also be
  contained in said statement an itemized estimate of the anticipated
  revenue based on the laws then in effect that will be received by
  and for the State from all sources showing the fund accounts to be
  credited during each of the next two fiscal years, [the succeeding
  biennium] and said statement shall contain such other information
  as may be required by law. Supplemental statements shall be
  submitted at any Special Session of the Legislature and at such
  other times as may be necessary to show probable changes.
         SECTION 5.  Subsections (b), (c), (g), (h), (j), (k), and
  (l), Section 49-g, Article III, Texas Constitution, are amended to
  read as follows:
         (b)  The comptroller shall, not later than the 90th day of
  each fiscal year [biennium], transfer to the economic stabilization
  fund one-half of any unencumbered positive balance of general
  revenues on the last day of the preceding fiscal year [biennium].
  If necessary, the comptroller shall reduce the amount transferred
  in proportion to the other amounts prescribed by this section to
  prevent the amount in the fund from exceeding the limit in effect
  for that fiscal year [biennium] under Subsection (g) of this
  section.
         (c)  Not later than the 90th day of each fiscal year, the
  comptroller of public accounts shall transfer from general revenue
  to the economic stabilization fund the amounts prescribed by
  Subsections (d) and (e) of this section. However, if necessary, the
  comptroller shall reduce proportionately the amounts transferred
  to prevent the amount in the fund from exceeding the limit in effect
  for that fiscal year [biennium] under Subsection (g) of this
  section.
         (g)  During each fiscal year [biennium], the amount in the
  economic stabilization fund may not exceed an amount equal to 20
  [10] percent of the total amount, excluding investment income,
  interest income, and amounts borrowed from special funds, deposited
  in general revenue during the preceding fiscal year [biennium].
         (h)  In preparing an estimate of anticipated revenues for a
  succeeding fiscal year [biennium] as required by Article III,
  Section 49a, of this constitution, the comptroller shall estimate
  the amount of the transfers that will be made under Subsections (b),
  (d), and (e) of this section. The comptroller shall deduct that
  amount from the estimate of anticipated revenues as if the
  transfers were made on August 31 of that fiscal year.
         (j)  The comptroller may transfer money from the economic
  stabilization fund to general revenue to prevent or eliminate a
  temporary cash deficiency in general revenue. The comptroller
  shall return the amount transferred to the economic stabilization
  fund as soon as practicable, but not later than August 31 of the
  fiscal year in which the transfer is made [each odd-numbered year].
  The comptroller shall allocate the depository interest as if the
  transfers had not been made. If the comptroller submits a statement
  to the governor and the legislature under Article III, Section 49a,
  of this constitution when money from the economic stabilization
  fund is in general revenue, the comptroller shall state that the
  transferred money is not available for appropriation from general
  revenue.
         (k)  Amounts from the economic stabilization fund may be
  appropriated during a regular or budget [legislative] session only
  for a purpose for which an appropriation from general revenue was
  made for the current fiscal year [by the preceding legislature] and
  may be appropriated in a special session only for a purpose for
  which an appropriation from general revenue was made in a preceding
  legislative session of the same legislature. An appropriation from
  the economic stabilization fund may be made under this subsection
  only if the comptroller certifies that appropriations from general
  revenue made for the current fiscal year [by the preceding
  legislature for the current biennium] exceed available general
  revenues and cash balances for the remainder of that fiscal year
  [biennium]. The amount of the [an] appropriation [from the
  economic stabilization fund] may not exceed the difference between
  the comptroller's estimate of general revenue for the current
  fiscal year [biennium] at the time the comptroller receives for
  certification the bill making the appropriation and the amount of
  general revenue appropriations for that fiscal year [biennium]
  previously certified by the comptroller. Appropriations from the
  economic stabilization fund under this subsection may not extend
  beyond the last day of the current fiscal year [biennium]. An
  appropriation from the economic stabilization fund under this
  subsection must be approved by a three-fifths vote of the members
  present in each house of the legislature.
         (l)  If an estimate of anticipated revenues for the [a]
  succeeding fiscal year [biennium] prepared by the comptroller
  pursuant to Article III, Section 49a, of this constitution is less
  than the revenues that are estimated at the same time by the
  comptroller to be available for the current fiscal year [biennium],
  the legislature may, by a three-fifths vote of the members present
  in each house, appropriate for the succeeding fiscal year
  [biennium] from the economic stabilization fund an amount not to
  exceed this difference. Following each fiscal year, the actual
  amount of revenue shall be computed, and if the estimated
  difference exceeds the actual difference, the comptroller shall
  transfer the amount necessary from general revenue to the economic
  stabilization fund so that the actual difference shall not be
  exceeded. If all or a portion of the difference in revenue from one
  fiscal year [biennium] to the next results, at least in part, from a
  change in a tax rate or base adopted by the legislature, the
  computation of revenue difference shall be adjusted to the amount
  that would have been available had the rate or base not been
  changed.
         SECTION 6.  Section 6, Article VIII, Texas Constitution, is
  amended to read as follows:
         Sec. 6.  No money shall be drawn from the Treasury but in
  pursuance of specific appropriations made by law; nor shall any
  appropriation of money be made for a longer term than one year [two
  years].
         SECTION 7.  Section 22(a), Article VIII, Texas Constitution,
  is amended to read as follows:
         (a)  In no fiscal year [biennium] shall the rate of growth of
  appropriations from state tax revenues not dedicated by this
  constitution exceed the estimated rate of growth of the state's
  economy. The legislature shall provide by general law procedures
  to implement this subsection.
         SECTION 8.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION.  (a) The constitutional amendment
  proposed by the 82nd Legislature, Regular Session, 2011, providing
  for an annual state budget and annual legislative sessions for
  budget purposes takes effect September 1, 2013.
         (b)  The amendment does not affect the validity of an
  appropriation made before that date for any part of the two
  consecutive state fiscal years ending August 31, 2015.
         (c)  This temporary provision expires January 1, 2016.
         SECTION 9.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment providing for an annual
  state budget and annual legislative sessions for budget purposes."