83R5952 KLA-D

By: Harless H.J.R. No. 89

A JOINT RESOLUTION

proposing a constitutional amendment to prohibit using revenues, other money, or account or fund balances dedicated by law for nondedicated general governmental purposes and to limit using that money or those balances for certification of appropriations for nondedicated purposes or entities.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 49a, Article III, Texas Constitution, is amended by adding Subsections (c), (d), and (e) to read as follows:

(c) In making the determinations necessary for the Comptroller of Public Accounts to endorse the certificate under Subsection (b) of this section, the Comptroller may not consider any portion of any revenue of or money received by this state, or any account or fund balance, that by law has been dedicated to a particular purpose or entity as available for the purpose of certifying that the amount of appropriations for any other purpose or entity is within the amount estimated to be available in the affected funds. The Legislature may not by general law make an unappropriated balance of a dedicated account or fund available for general governmental purposes or certification except by expressly repealing the dedication.

(d) Notwithstanding Subsection (c) of this section and only to the extent authorized by general law, the Comptroller may consider:

(1) for appropriations for any part of the state fiscal year beginning September 1, 2015, not more than 37.5 percent of the total amount of revenue of or money received by this state, or any account or fund balance, that by law has been dedicated to a particular purpose or entity and that, on August 31, 2015, the Comptroller estimates to exceed the total amount of such revenues, money, and balances appropriated by the General Appropriations Act or other laws enacted by the 83rd Legislature, as available for the purpose of certifying that the amount of appropriations for any nondedicated purpose or entity is within the amount estimated to be available in the affected funds;

(2) for appropriations for any part of the state fiscal year beginning September 1, 2016, not more than 25 percent of the total amount of revenue of or money received by this state, or any account or fund balance, that by law has been dedicated to a particular purpose or entity and that, on August 31, 2015, the Comptroller estimates to exceed the total amount of such revenues, money, and balances appropriated by the General Appropriations Act or other laws enacted by the 83rd Legislature, as available for the purpose of certifying that the amount of appropriations for any nondedicated purpose or entity is within the amount estimated to be available in the affected funds; and

(3) for appropriations for any part of the state fiscal year beginning September 1, 2017, not more than 12.5 percent of the total amount of revenue of or money received by this state, or any account or fund balance, that by law has been dedicated to a particular purpose or entity and that, on August 31, 2017, the Comptroller estimates to exceed the total amount of such revenues, money, and balances appropriated by the General Appropriations Act or other laws enacted by the 84th Legislature, as available for the purpose of certifying that the amount of appropriations for any nondedicated purpose or entity is within the amount estimated to be available in the affected funds.

(e) This subsection and Subsection (d) of this section expire September 1, 2018.

SECTION 2. Article VIII, Texas Constitution, is amended by adding Section 26 to read as follows:

Sec. 26. Revenue of or money received by this state from one or more particular sources or held in or deposited to an identified account or fund inside or outside the state treasury the appropriation or expenditure of which at the time the revenue is collected or the money is received by the state is dedicated by general law to one or more particular purposes or for one or more particular entities may not be appropriated or expended for any purpose, or to or by any entity, other than a purpose or entity to which the revenue or money is dedicated unless the legislature expressly repeals the dedication.

SECTION 3. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 83rd Legislature, Regular Session, 2013, to prohibit using revenues, other money, or account or fund balances dedicated by law for nondedicated general governmental purposes and to limit using that money or those balances for certification of appropriations for nondedicated purposes or entities.

(b) The amendment to Section 49a, Article III, of this constitution takes effect January 1, 2015, and applies only to the certification of an appropriation authorized for all or part of a state fiscal year beginning on or after September 1, 2015.

(c) Section 26, Article VIII, of this constitution takes effect September 1, 2015, and applies only to appropriations authorized for all or part of, or expenditures during, a state fiscal year beginning on or after that date.

(d) This temporary provision expires January 1, 2016.

SECTION 4. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2013. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to end fee and other revenue diversions by prohibiting using certain money dedicated by law for nondedicated purposes or entities and to limit using that money to certify appropriations for nondedicated purposes or entities."