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A JOINT RESOLUTION
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proposing a constitutional amendment regarding the maximum amount |
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of appropriations for a state fiscal biennium. |
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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) The amount [In no biennium shall the rate of
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growth] of appropriations from the state treasury for a fiscal |
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biennium may not [tax revenues not dedicated by this constitution] |
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exceed the maximum amount determined in accordance with Subsection |
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(c) of this section and general law [estimated rate of growth of the
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state's economy]. |
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(b) The maximum rate of growth of appropriations from the |
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state treasury for a fiscal biennium, as compared to the preceding |
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fiscal biennium, is the lesser of: |
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(1) a rate equal to the sum of: |
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(A) the estimated rate of growth of this state's |
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population; and |
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(B) the estimated rate of monetary inflation in |
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this state; or |
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(2) the estimated rate of growth of personal income of |
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this state's residents. |
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(c) The amount of permissible appropriations may not exceed |
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an amount determined by multiplying the amount of appropriations |
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for the then-current fiscal biennium by the sum of one plus the |
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maximum rate of growth determined under Subsection (b) of this |
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section. |
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(d) The legislature shall provide by general law procedures |
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to implement this section [subsection]. |
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(e) [(b)] If the legislature, by adoption on a record vote |
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of a resolution approved by two-thirds [a record vote of a majority] |
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of the members of each house, finds that an emergency exists and |
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identifies the nature of the emergency, the legislature may provide |
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for appropriations in excess of the maximum permissible amount of |
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appropriations authorized under [by] Subsection (c) [(a)] of this |
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section. The total of the excess appropriations authorized by |
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resolutions approved under this subsection may not exceed the total |
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of the amounts [amount] specified in those resolutions [the
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resolution]. |
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(f) [(c)] In no case shall appropriations exceed revenues |
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as provided in Article III, Section 49a, of this constitution. |
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Nothing in this section shall be construed to alter, amend, or |
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repeal Article III, Section 49a, of 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) A bill containing an appropriation may not be considered |
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as passed and may not be sent to the Governor for consideration |
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until the Comptroller of Public Accounts endorses on the bill the |
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Comptroller's certificate showing that the amount appropriated |
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does not exceed the maximum amount of permissible appropriations |
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for that fiscal biennium authorized under Section 22, Article VIII, |
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of this constitution. |
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(d) When the Comptroller of Public Accounts finds that a |
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bill containing an appropriation exceeds the maximum amount of |
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permissible appropriations for that fiscal biennium authorized |
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under Section 22, Article VIII, of this constitution, the |
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Comptroller shall: |
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(1) endorse on the bill that finding; |
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(2) return the bill to the House in which it |
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originated; and |
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(3) notify immediately the House of Representatives |
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and the Senate of the finding. |
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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 amendments to Section 49a, Article III, of this constitution |
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and Section 22, Article VIII, of this constitution, as proposed by |
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the 84th Legislature, Regular Session, 2015, regarding the maximum |
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amount of appropriations for a state fiscal biennium. |
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(b) Sections 49a(c) and (d), Article III, of this |
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constitution apply only in relation to bills containing |
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appropriations for the state fiscal biennium beginning September 1, |
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2017, and subsequent state fiscal bienniums. |
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(c) Section 22, Article VIII, of this constitution, as |
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amended, applies only in relation to appropriations made for the |
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state fiscal biennium beginning September 1, 2017, and subsequent |
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state fiscal bienniums. Appropriations for the state fiscal |
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biennium that began September 1, 2015, are governed by Section 22, |
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Article VIII, of this constitution as that section provided |
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immediately before the amendment of that section was approved by |
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the voters. |
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(d) This temporary provision expires December 1, 2017. |
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SECTION 4. (a) This proposed constitutional amendment |
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shall be submitted to the voters at an election to be held November |
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3, 2015. |
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(b) The ballot shall be printed to permit voting for or |
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against the proposition: "The constitutional amendment regarding |
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the maximum amount of appropriations for a state fiscal biennium." |