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A JOINT RESOLUTION
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proposing a constitutional amendment to limit the rate of growth of |
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appropriations from all sources of revenue except the federal |
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government and to authorize the legislature to appropriate money |
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for tax rebates. |
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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) In no biennium shall the rate of growth of |
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appropriations from all available sources of revenue except the |
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federal government [state tax revenues not dedicated by this
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constitution] exceed the average biennial [the estimated] rate of |
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growth of the state's population, adjusted for monetary inflation |
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[economy]. |
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(b) The legislature shall provide by general law procedures |
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to implement Subsection (a) of this section [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 amount authorized by Subsection (a) of this section. The |
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excess authorized under this subsection may not exceed the amount |
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specified in the resolution. |
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(d) An appropriation for the sole purpose of reducing |
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property taxes imposed by a political subdivision of the state, |
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including a school district, or for the sole purpose of returning |
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money to taxpayers as authorized by Section 51h, Article III, of |
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this constitution is not counted in determining for the purposes of |
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this section whether the rate of growth in appropriations for a |
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biennium exceeds the average biennial rate of growth of the state's |
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population, adjusted for monetary inflation. |
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(e) Appropriations may not [(c)
In no case shall
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appropriations] exceed revenues as provided in Article III, Section |
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49a, of this constitution. Nothing in this section shall be |
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construed to alter, amend, or repeal Article III, Section 49a, of |
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this constitution. |
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SECTION 2. Section 49a, Article III, Texas Constitution, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) No bill containing an appropriation of money from any |
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source except the federal government, other than an appropriation |
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for the sole purpose of tax relief or tax rebates as described by |
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Section 22(d), Article VIII, of this constitution, shall be |
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considered as passed or be sent to the Governor for consideration |
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until and unless the Comptroller of Public Accounts endorses the |
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Comptroller's certificate thereon showing that the appropriation |
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does 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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(d) Not later than the 65th day after the date the |
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legislature adjourns a legislative session, the Comptroller shall |
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issue an estimate of the amount of anticipated general revenues for |
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the biennium that are unappropriated, unencumbered, and |
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undedicated at that time. If the legislative session is a regular |
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session or a special session that begins between final adjournment |
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of the regular session and the beginning of the subsequent state |
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fiscal biennium, the Comptroller's estimate must address that |
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subsequent biennium. |
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SECTION 3. Article III, Texas Constitution, is amended by |
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adding Section 51h to read as follows: |
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Sec. 51h. Notwithstanding any other provision of this |
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constitution, the legislature by general law may provide for |
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granting public money to natural persons in this state for the sole |
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purpose of returning public money to residents or taxpayers. The |
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legislature by general law may provide for any method to accomplish |
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that purpose the legislature considers most efficient, including |
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direct cash payments to individual residents of this state or to a |
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class of residents or taxpayers of this state. |
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SECTION 4. 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, proposed by the 83rd |
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Legislature, Regular Session, 2013, to limit the rate of growth of |
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appropriations from all sources of revenue except the federal |
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government to a rate equal to the average biennial rate of growth of |
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the state's population, adjusted for monetary inflation. This |
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temporary provision expires December 1, 2015. |
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(b) The changes made to Section 22, Article VIII, and the |
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addition of Subsection (c) to Section 49a, Article III, of this |
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constitution by the amendments apply only in relation to |
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appropriations made for the state fiscal biennium beginning |
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September 1, 2015, and subsequent state fiscal bienniums. |
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Appropriations for the state fiscal biennium that began September |
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1, 2013, are governed by Section 22, Article VIII, and Section 49a, |
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Article III, as they existed immediately before the amendment was |
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approved by the voters. |
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(c) The duty imposed on the comptroller of public accounts |
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by the addition of Subsection (d) to Section 49a, Article III, of |
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this constitution first applies after the legislature adjourns its |
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regular session in 2015. |
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SECTION 5. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to limit the rate of |
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growth of appropriations from all sources of revenue except the |
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federal government and to authorize the legislature to appropriate |
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money for tax rebates to individual residents or taxpayers." |