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A JOINT RESOLUTION
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proposing a constitutional amendment to prohibit using revenues, |
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other money, or account or fund balances dedicated by law for |
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nondedicated general governmental purposes or for certification of |
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appropriations for nondedicated purposes or entities. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49a, Article III, Texas Constitution, is |
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amended by adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) In making the determinations necessary for the |
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Comptroller of Public Accounts to endorse the certificate under |
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Subsection (b) of this section, the Comptroller may not consider |
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any portion of any revenue of, or money received by, this state, or |
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any account or fund balance, that by law has been dedicated to a |
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particular purpose or entity as available for the purpose of |
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certifying that the amount of appropriations for any other purpose |
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or entity is within the amount estimated to be available in the |
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affected funds. The Legislature may not by general law make an |
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unappropriated balance of a dedicated account or fund available for |
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general governmental purposes or certification except by expressly |
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repealing the dedication. |
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(b-2) In making the determinations necessary for the |
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Comptroller of Public Accounts to make the biennial estimate of |
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anticipated revenue under Subsection (a) of this section, the |
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Comptroller may not consider any portion of any revenue of, or money |
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received by, this state, or any account or fund balance, that by law |
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has been dedicated to a particular purpose or entity as available |
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for appropriation for any other purpose or entity. |
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SECTION 2. Article VIII, Texas Constitution, is amended by |
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adding Section 5 to read as follows: |
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Sec. 5. Revenue of, or money received by, this state from |
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one or more particular sources or held in or deposited to an |
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identified account or fund inside or outside the state treasury the |
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appropriation or expenditure of which at the time the revenue is |
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collected or the money is received by the state is dedicated by |
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general law to one or more particular purposes or for one or more |
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particular entities may not be appropriated or expended for any |
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purpose, or to or by any entity, other than a purpose or entity to |
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which the revenue or money is dedicated unless the legislature |
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expressly repeals the dedication. |
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SECTION 3. 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 constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, prohibiting using revenues, other money, or |
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account or fund balances dedicated by law for nondedicated general |
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governmental purposes or for certification of appropriations for |
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nondedicated purposes or entities. |
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(b) Section 49a(b-1), Article III, of this constitution |
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takes effect January 1, 2023, and applies only to the certification |
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of an appropriation authorized for all or part of a state fiscal |
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year beginning on or after September 1, 2023. |
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(c) Section 49a(b-2), Article III, of this constitution |
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takes effect January 1, 2016, and applies to the biennial estimate |
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of anticipated revenue made under Section 49a(a) of that article |
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for all or part of a state fiscal year beginning on or after |
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September 1, 2016. |
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(d) Section 5, Article VIII, of this constitution takes |
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effect September 1, 2023, and applies only to appropriations |
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authorized for all or part of, or expenditures during, a state |
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fiscal year beginning on or after that date. |
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(e) This temporary provision expires January 1, 2024. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2015. |
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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 end fee and other |
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revenue diversions by prohibiting using certain money dedicated by |
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law for nondedicated purposes or entities and to prohibit using |
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that money to certify appropriations for nondedicated purposes or |
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entities." |