By: Hancock, Birdwell, Creighton S.J.R. No. 2

(In the Senate - Filed March 10, 2015; March 10, 2015, read first time and referred to Committee on Finance; April 7, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 5; April 7, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.J.R. No. 2 By: Hancock

SENATE JOINT RESOLUTION

proposing a constitutional amendment concerning the limitation on the rate of growth in appropriations.

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

SECTION 1. Section 22, Article VIII, Texas Constitution, is amended to read as follows:

Sec. 22. (a) For purposes of this section, "consolidated general revenue appropriations" means appropriations from:

(1) the general revenue fund in the state treasury;

(2) a dedicated account in the general revenue fund in the state treasury; or

(3) a general revenue-related fund in the state treasury as identified in the biennial statement required of the comptroller of public accounts under Section 49a, Article III, of this constitution.

(b) In no state fiscal biennium shall the rate of growth of consolidated general revenue appropriations [from state tax revenues not dedicated by this constitution] exceed the estimated average biennial rate of growth of the state's population during the state fiscal biennium preceding the biennium for which appropriations are made and during the state fiscal biennium for which appropriations are made adjusted by the estimated average biennial rate of monetary inflation in this state during the same period [economy].

(c) Notwithstanding Subsection (b) of this section, an appropriation to pay for a rebate of state taxes must be excluded from computations used to determine whether appropriations exceed the amount authorized by this section.

(d) The rates described by Subsection (b) of this section shall be determined in the manner provided by general law. If the determined rate is a negative number, consolidated general revenue appropriations for the next state fiscal biennium may not exceed the consolidated general revenue appropriations in the current state fiscal biennium.

(e) The legislature shall provide by general law procedures to implement Subsections (b), (c), and (d) of this section [subsection].

(f) [(b)] If the legislature by adoption of a resolution approved by a record vote of three-fifths [a majority] of the members of each house finds that an emergency exists and identifies the nature of the emergency, the legislature may provide for appropriations in excess of the amount authorized by Subsection (b) [(a)] of this section. The excess authorized under this subsection may not exceed the amount specified in the resolution.

(g) [(c)] In no case shall appropriations exceed revenues as provided in Section 49a, Article III, [Section 49a,] of this constitution. Nothing in this section shall be construed to alter, amend, or repeal Section 49a, Article III, [Section 49a,] of this constitution.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2015. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment concerning the limitation on the rate of growth in appropriations."

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