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A JOINT RESOLUTION
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proposing a constitutional amendment regarding the limitation on |
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the rate of growth of appropriations and the use of surplus state |
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revenue to provide for property tax relief and public school |
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teacher compensation. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49-g(b), Article III, Texas |
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Constitution, is amended to read as follows: |
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(b) The comptroller shall, not later than the 90th day of |
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each biennium, transfer to the economic stabilization fund one-half |
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of any unencumbered positive balance of general revenues on the |
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last day of the preceding biennium. If necessary, the comptroller |
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shall reduce the amount transferred in proportion to the other |
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amounts prescribed by this section to prevent the amount in the fund |
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from exceeding the limit in effect for that biennium under |
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Subsection (g) of this section. For purposes of this subsection, |
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general revenues are considered encumbered on the last day of a |
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biennium only to the extent that general revenues are subject to |
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payment for particular identifiable and legally enforceable |
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obligations of this state that were incurred on or before that day |
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and intended to be paid out of appropriations for that biennium. |
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SECTION 2. Article III, Texas Constitution, is amended by |
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adding Section 49-g-5 to read as follows: |
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Sec. 49-g-5. (a) Not later than the 90th day of each state |
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fiscal biennium, the comptroller of public accounts shall determine |
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an amount equal to one-half of the unencumbered positive balance of |
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general revenues on the last day of the preceding state fiscal |
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biennium. |
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(b) Of the amount determined under Subsection (a) of this |
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section: |
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(1) 25 percent may be used only to provide |
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compensation for teachers, counselors, and librarians employed in |
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public schools; and |
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(2) the remainder may be used only to provide ad |
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valorem tax relief by reducing school district maintenance and |
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operations ad valorem tax rates. |
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(c) For purposes of Subsection (a) of this section, general |
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revenues are considered encumbered on the last day of a state fiscal |
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biennium only to the extent that general revenues are subject to |
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payment for particular identifiable and legally enforceable |
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obligations of this state that were incurred on or before that day |
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and intended to be paid out of appropriations for that state fiscal |
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biennium. |
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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 to |
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the constitutional amendment proposed by the 86th Legislature, |
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Regular Session, 2019, regarding the use of surplus state revenue |
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to provide for property tax relief and compensation of certain |
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public school employees. |
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(b) The amendments to Section 49-g(b), Article III, of this |
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constitution, and Section 49-g-5, Article III, of this |
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constitution, as added by the amendment, apply beginning with the |
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state fiscal biennium that begins September 1, 2021. |
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(c) This temporary provision expires January 1, 2022. |
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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 5, 2019. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment regarding the use of |
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surplus state revenue to provide for property tax relief and |
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compensation for certain public school employees." |