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