83R1854 MAW-D
 
  By: Raymond H.B. No. 136
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an annual state budget and legislative budget sessions
  in even-numbered years and to political contributions made during a
  legislative session.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.001, Government Code, is amended to
  read as follows:
         Sec. 301.001.  TIME OF MEETING.  (a) In each odd-numbered
  year, the [The] legislature shall convene in regular session at 12
  noon on the second Tuesday in January [of each odd-numbered year].
         (b)  In each even-numbered year, the legislature shall
  convene in budget session at 12 noon on the third Tuesday in April.
         SECTION 2.  Section 316.001, Government Code, is amended to
  read as follows:
         Sec. 316.001.  LIMIT. The rate of growth of appropriations
  in a state fiscal year [biennium] from state tax revenues not
  dedicated by the constitution may not exceed the estimated rate of
  growth of the state's economy.
         SECTION 3.  Sections 316.002(a), (b), and (e), Government
  Code, are amended to read as follows:
         (a)  Before the Legislative Budget Board submits the budget
  as prescribed by Section 322.008(c), the board shall establish:
               (1)  the estimated rate of growth of the state's economy
  from the current fiscal year [biennium] to the next fiscal year
  [biennium];
               (2)  the level of appropriations for the current fiscal
  year [biennium] from state tax revenues not dedicated by the
  constitution; and
               (3)  the amount of state tax revenues not dedicated by
  the constitution that could be appropriated for the next fiscal
  year [biennium] within the limit established by the estimated rate
  of growth of the state's economy.
         (b)  Except as provided by Subsection (c), the board shall
  determine the estimated rate of growth of the state's economy by
  dividing the estimated Texas total personal income for the next
  fiscal year [biennium] by the estimated Texas total personal income
  for the current fiscal year [biennium]. Using standard statistical
  methods, the board shall make the estimate by projecting through
  the fiscal year [biennium] the estimated Texas total personal
  income reported by the United States Department of Commerce or its
  successor in function.
         (e)  In the absence of an action by the Legislative Budget
  Board to adopt a spending limit as provided in Subsections (a) and
  (b), the estimated rate of growth in the state's economy from the
  current fiscal year [biennium] to the next fiscal year [biennium]
  shall be treated as if it were zero, and the amount of state tax
  revenues not dedicated by the constitution that could be
  appropriated within the limit established by the estimated rate of
  growth in the state's economy shall be the same as the level of
  appropriations for the current fiscal year [biennium].
         SECTION 4.  Section 316.008(a), Government Code, is amended
  to read as follows:
         (a)  Unless the legislature adopts a resolution under
  Article VIII, Section 22(b), of the Texas Constitution raising the
  proposed limit on appropriations, the proposed limit is binding on
  the legislature with respect to all appropriations for the next
  fiscal year [biennium] made from state tax revenues not dedicated
  by the constitution.
         SECTION 5.  Section 317.003(a), Government Code, is amended
  to read as follows:
         (a)  The governor or Legislative Budget Board may make a
  proposal at any time except during a [regular or special] session of
  the legislature. A proposal may apply to an appropriation that has
  been made for any specified fiscal year that has not ended at the
  time the proposal is made.
         SECTION 6.  Chapter 322, Government Code, is amended by
  adding Section 322.021 to read as follows:
         Sec. 322.021.  STUDY TO IMPLEMENT ANNUAL BUDGET. (a)  The
  board, with the assistance of the Texas Legislative Council, shall
  examine the laws and operations of state government to determine
  how the implementation of annual state budgets may affect those
  laws and operations and shall adopt recommendations for legislative
  and administrative action necessary to implement an annual budget
  as effectively as practicable.
         (b)  The board shall make its initial recommendations under
  this section not later than November 1, 2014.
         SECTION 7.  Section 403.121(a), Government Code, is amended
  to read as follows:
         (a)  In the statement required by Article III, Section 49a,
  of the Texas Constitution the comptroller shall list outstanding
  appropriations that may exist after the end of the current fiscal
  year but may not deduct them from the cash condition of the treasury
  or the anticipated revenues of the next fiscal year [biennium] for
  the purpose of certification. The comptroller shall base the
  reports, estimates, and certifications of available funds on the
  actual or estimated cash condition of the treasury and shall
  consider outstanding and undisbursed appropriations at the end of
  each fiscal year [biennium] as probable disbursements of the
  succeeding fiscal year [biennium] in the same manner that earned
  but uncollected income of a current fiscal year [biennium] is
  considered in probable receipts of the succeeding fiscal year 
  [biennium]. The comptroller shall consider as probable
  disbursements warrants that will be issued by the state before the
  end of the fiscal year.
         SECTION 8.  The heading to Section 253.034, Election Code,
  is amended to read as follows:
         Sec. 253.034.  RESTRICTIONS ON CONTRIBUTIONS DURING AND
  FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.
         SECTION 9.  Section 253.034, Election Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsection (a-1)
  to read as follows:
         (a)  During the period beginning on the 30th day before the
  date a regular [legislative] session of the legislature convenes
  and continuing through the 20th day after the date of final
  adjournment of that regular session, a person may not knowingly
  make a political contribution to:
               (1)  a statewide officeholder;
               (2)  a member of the legislature; or
               (3)  a specific-purpose committee for supporting,
  opposing, or assisting a statewide officeholder or member of the
  legislature.
         (a-1)  During a budget session of the legislature, a person
  may not knowingly make a political contribution to:
               (1)  the governor or lieutenant governor;
               (2)  a member of or a candidate for election to the
  legislature; or
               (3)  a specific-purpose committee for supporting,
  opposing, or assisting the governor, the lieutenant governor, or a
  member of or a candidate for election to the legislature.
         (b)  A statewide officeholder, a member of or a candidate for
  election to the legislature, or a specific-purpose committee for
  supporting, opposing, or assisting a statewide officeholder or a 
  member of or candidate for election to the legislature may not
  knowingly accept a political contribution, and shall refuse a
  political contribution that is received, during an applicable [the]
  period prescribed by Subsection (a) or (a-1).  A political
  contribution that is received and refused during that period shall
  be returned to the contributor not later than the 30th day after the
  date of receipt.  A contribution made by United States mail or by
  common or contract carrier is not considered received during a 
  [that] period if it was properly addressed and placed with postage
  or carrier charges prepaid or prearranged in the mail or delivered
  to the contract carrier before the beginning of the period.  The
  date indicated by the post office cancellation mark or the common or
  contract carrier documents is considered to be the date the
  contribution was placed in the mail or delivered to the common or
  contract carrier unless proven otherwise.
         (c)  This section does not apply to a political contribution
  that was made and accepted with the intent that it be used:
               (1)  in an election held or ordered during a [the]
  period prescribed by Subsection (a) or (a-1) in which the person
  accepting the contribution is a candidate if the contribution was
  made after the person appointed a campaign treasurer with the
  appropriate authority and before the person was sworn in for that
  office;
               (2)  to defray expenses incurred in connection with an
  election contest; or
               (3)  by a person who holds a state office or a member of
  the legislature or by a specific-purpose political committee that
  supports or assists only that person or member if the contribution
  was made during the period prescribed by Subsection (a) and the
  person or member was defeated at the general election held
  immediately before the regular session is convened [or by a
  specific-purpose political committee that supports or assists only
  that person or member].
         SECTION 10.  The heading to Section 253.0341, Election Code,
  is amended to read as follows:
         Sec. 253.0341.  RESTRICTIONS ON CONTRIBUTIONS TO
  LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET
  [LEGISLATIVE] SESSION OF LEGISLATURE.
         SECTION 11.   Sections 253.0341(a) and (b), Election Code,
  are amended to read as follows:
         (a)  During the period beginning on the 30th day before the
  date a regular [legislative] session of the legislature convenes
  and continuing through the 20th day after the date of final
  adjournment, or at any time during a budget session of the
  legislature, a person not a member of the caucus may not knowingly
  make a contribution to a legislative caucus.
         (b)  A legislative caucus may not knowingly accept from a
  nonmember a contribution, and shall refuse a contribution from a
  nonmember that is received, during a [the] period prescribed by
  Subsection (a).  A contribution that is received and refused during
  a [that] period prescribed by Subsection (a) shall be returned to
  the contributor not later than the 30th day after the date of
  receipt.  A contribution made by United States mail or by common or
  contract carrier is not considered received during a [that] period
  if it was properly addressed and placed with postage or carrier
  charges prepaid or prearranged in the mail or delivered to the
  contract carrier before the beginning of the period.  The date
  indicated by the post office cancellation mark or the common or
  contract carrier documents is considered to be the date the
  contribution was placed in the mail or delivered to the common or
  contract carrier unless proven otherwise.
         SECTION 12.  The changes in law made by this Act do not
  affect the validity of an appropriation made before September 1,
  2015, for any part of the two consecutive state fiscal years ending
  August 31, 2017.
         SECTION 13.  (a)  This Act takes effect as provided by
  Subsection (b), but only if the constitutional amendment proposed
  by the 83rd Legislature, Regular Session, 2013, providing for an
  annual state budget and annual legislative sessions for budget
  purposes is approved by the voters. If that proposed
  constitutional amendment is not approved by the voters, this Act
  has no effect.
         (b)  This section and Section 6 of this Act take effect
  January 1, 2014. The other sections of this Act take effect
  September 1, 2015.