| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an annual state budget and legislative budget sessions |
|
|
in even-numbered years and to political contributions made during a |
|
|
legislative session. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 301.001, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 301.001. TIME AND PLACE OF MEETING. (a) In each |
|
|
odd-numbered year, the [The] legislature shall convene at the seat |
|
|
of government in regular session at 12 noon on the second Tuesday in |
|
|
January [of each odd-numbered year]. |
|
|
(b) In each even-numbered year, the legislature shall |
|
|
convene at the seat of government in budget session at 12 noon on |
|
|
the third Tuesday in April. |
|
|
SECTION 2. Sections 316.001(a), (b), and (c), Government |
|
|
Code, are amended to read as follows: |
|
|
(a) For purposes of this subchapter, "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 annual [biennial] statement required |
|
|
of the comptroller under Section 49a, Article III, Texas |
|
|
Constitution. |
|
|
(b) The rate of growth of appropriations in a state fiscal |
|
|
year [biennium] from state tax revenues not dedicated by the |
|
|
constitution may not exceed the estimated rate of growth of the |
|
|
state's economy. |
|
|
(c) The rate of growth of consolidated general revenue |
|
|
appropriations in a state fiscal year [biennium] may not exceed the |
|
|
estimated average annual [biennial] rate of growth of this state's |
|
|
population during the state fiscal year [biennium] preceding the |
|
|
year [biennium] for which appropriations are made and during the |
|
|
state fiscal year [biennium] for which appropriations are made, |
|
|
adjusted by the estimated average annual [biennial] rate of |
|
|
monetary inflation in this state during the same period, as |
|
|
determined under Section 316.002. |
|
|
SECTION 3. Sections 316.002(a), (b), (d), (e), and (g), |
|
|
Government Code, are amended to read as follows: |
|
|
(a) Before the Legislative Budget Board transmits the |
|
|
budget for the next state fiscal year [biennium] as prescribed by |
|
|
Section 322.008(c), the board shall establish: |
|
|
(1) the limit on the rate of growth of appropriations |
|
|
from state tax revenues not dedicated by the constitution for that |
|
|
state fiscal year [biennium], as compared to the previous state |
|
|
fiscal year [biennium], based on the estimated rate of growth of the |
|
|
state's economy from the current state fiscal year [biennium] to |
|
|
the next state fiscal year [biennium]; and |
|
|
(2) the limit on the rate of growth of consolidated |
|
|
general revenue appropriations for that state fiscal year |
|
|
[biennium], as compared to the previous state fiscal year |
|
|
[biennium], by subtracting one from the product of: |
|
|
(A) the sum of one and the estimated average |
|
|
annual [biennial] rate of growth of this state's population during |
|
|
the state fiscal year [biennium] preceding the year [biennium] for |
|
|
which appropriations are made and during the state fiscal year |
|
|
[biennium] for which appropriations are made; and |
|
|
(B) the sum of one and the estimated average |
|
|
annual [biennial] rate of monetary inflation during the state |
|
|
fiscal year [biennium] preceding the year [biennium] for which |
|
|
appropriations are made and during the state fiscal year [biennium] |
|
|
for which appropriations are made. |
|
|
(b) Except as provided by Subsection (c), the board shall |
|
|
determine the estimated rate of growth of the state's economy for |
|
|
purposes of Subsection (a)(1) by dividing the estimated Texas total |
|
|
personal income for the next state fiscal year [biennium] by the |
|
|
estimated Texas total personal income for the current state fiscal |
|
|
year [biennium]. Using standard statistical methods, the board |
|
|
shall make the estimate by projecting through the year [biennium] |
|
|
the estimated Texas total personal income reported by the United |
|
|
States Department of Commerce or its successor in function. |
|
|
(d) Except as provided by Subsection (e), the board shall |
|
|
determine for the next state fiscal year [biennium] a limit on the |
|
|
amount of: |
|
|
(1) appropriations from state tax revenues not |
|
|
dedicated by the constitution by multiplying the amount of |
|
|
appropriations from state tax revenues not dedicated by the |
|
|
constitution for the current state fiscal year [biennium] by the |
|
|
sum of one and the limit on the rate of growth of appropriations |
|
|
from state tax revenues not dedicated by the constitution |
|
|
established by the board under Subsection (a)(1); and |
|
|
(2) consolidated general revenue appropriations by |
|
|
multiplying the amount of consolidated general revenue |
|
|
appropriations for the current state fiscal year [biennium] by the |
|
|
sum of one and the limit on the rate of growth of consolidated |
|
|
general revenue appropriations established by the board under |
|
|
Subsection (a)(2). |
|
|
(e) If the rate determined under Subsection (a)(2) is a |
|
|
negative number, the amount of consolidated general revenue |
|
|
appropriations for the next state fiscal year [biennium] may not |
|
|
exceed the amount of consolidated general revenue appropriations in |
|
|
the current state fiscal year [biennium]. |
|
|
(g) In the absence of an action by the Legislative Budget |
|
|
Board to adopt the limits as provided by this section: |
|
|
(1) for purposes of Section 316.001(b): |
|
|
(A) the estimated rate of growth of the state's |
|
|
economy from the current state fiscal year [biennium] to the next |
|
|
state fiscal year [biennium] shall be treated as if it were zero; |
|
|
and |
|
|
(B) the amount of state tax revenues not |
|
|
dedicated by the constitution that could be appropriated within the |
|
|
limit established by the estimated rate of growth of the state's |
|
|
economy shall be the same as the amount of those appropriations for |
|
|
the current state fiscal year [biennium]; and |
|
|
(2) for purposes of Section 316.001(c): |
|
|
(A) the estimated average annual [biennial] |
|
|
rates of growth of this state's population and of monetary |
|
|
inflation shall be treated as if they were zero; and |
|
|
(B) the amount of consolidated general revenue |
|
|
appropriations that could be appropriated within the limit |
|
|
established by that subsection shall be the same as the amount of |
|
|
those appropriations for the current state fiscal year [biennium]. |
|
|
SECTION 4. Section 316.008(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) Unless the legislature adopts a resolution under |
|
|
Section 22, Article VIII, Texas Constitution, raising the proposed |
|
|
limit on appropriations from state tax revenues not dedicated by |
|
|
the constitution, the proposed limit is binding on the legislature |
|
|
with respect to all appropriations for the next state fiscal year |
|
|
[biennium] made from those revenues. The proposed limit on |
|
|
consolidated general revenue appropriations is binding on the |
|
|
legislature with respect to all appropriations for the next state |
|
|
fiscal year [biennium] made from those sources unless the |
|
|
legislature adopts a resolution raising the proposed limit that is |
|
|
approved by a record vote of three-fifths of the members of each |
|
|
house of the legislature. The resolution must find that an |
|
|
emergency exists, identify the nature of the emergency, and specify |
|
|
the amount authorized. The excess amount authorized under this |
|
|
subsection may not exceed the amount specified in the resolution. |
|
|
SECTION 5. Section 316.045, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 316.045. REDUCTION IN CERTAIN AGENCY FEES. (a) Each |
|
|
state agency that sets the fees charged by that agency in amounts |
|
|
that are reasonable and necessary to cover the administrative costs |
|
|
of the agency shall review the amounts charged as fees on an annual |
|
|
[a biennial] basis. The agency shall review the fees before the |
|
|
beginning of each state fiscal year [biennium] and incorporate its |
|
|
recommendations based on that review in its budget request |
|
|
submitted to the Legislative Budget Board and the budget division |
|
|
of the governor's office. |
|
|
(b) If the agency determines that the fees are set at a level |
|
|
that exceeds the administrative costs of the agency as of the date |
|
|
of the review, the agency shall reduce the amount of the affected |
|
|
fees to the appropriate level and shall charge the reduced fees |
|
|
during the subsequent fiscal year [biennium]. Each agency shall |
|
|
give specific recognition to reductions in salary expenses |
|
|
resulting from statutorily directed employee attrition. |
|
|
SECTION 6. Section 316.092(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) For the purposes of adjusting the allocations of |
|
|
transfers in accordance with Section 49-g(c-2), Article III, Texas |
|
|
Constitution, and Section 316.093 for a state fiscal year |
|
|
[biennium], the comptroller shall determine and adopt for the state |
|
|
fiscal year [biennium] an amount equal to seven percent of the |
|
|
certified general revenue-related appropriations made for that |
|
|
state fiscal year [biennium]. |
|
|
SECTION 7. Sections 316.093(a), (b), and (c), Government |
|
|
Code, are amended to read as follows: |
|
|
(a) Before the comptroller makes transfers for a state |
|
|
fiscal year in accordance with Section 49-g(c), Article III, Texas |
|
|
Constitution, the comptroller shall determine whether the sum of |
|
|
the balance of the fund on the preceding August 31, any projected |
|
|
transfer to the fund under Section 49-g(b) of that article, and any |
|
|
projected transfer to the fund under Section 49-g(c) of that |
|
|
article in accordance with the allocations for the transfer as |
|
|
provided by Section 49-g(c-1) of that article is less than the |
|
|
amount determined under Section 316.092 for that state fiscal year |
|
|
[biennium]. |
|
|
(b) If the sum described by Subsection (a) is less than the |
|
|
amount determined under Section 316.092 for that state fiscal year |
|
|
[biennium], the comptroller shall reduce the allocation to the |
|
|
state highway fund provided by Section 49-g(c), Article III, Texas |
|
|
Constitution, and increase the allocation to the economic |
|
|
stabilization fund, in an equal amount, until the amount determined |
|
|
under Section 316.092 for that state fiscal year [biennium] would |
|
|
be achieved by the transfer to the fund or the total amount of the |
|
|
sum described by Section 49-g(c), Article III, Texas Constitution, |
|
|
is allocated to the fund, whichever occurs first. |
|
|
(c) For the purposes of Section 49-g(c-2), Article III, |
|
|
Texas Constitution, the comptroller shall adjust the allocation |
|
|
provided by Section 49-g(c-1) of that article of amounts to be |
|
|
transferred to the fund and to the state highway fund under Section |
|
|
49-g(c) of that article in a state fiscal year beginning on or after |
|
|
September 1, 2035, so that the total of those amounts is transferred |
|
|
to the economic stabilization fund, except that the comptroller |
|
|
shall reduce a transfer made under this subsection as necessary to |
|
|
prevent the amount in the fund from exceeding the limit in effect |
|
|
for that fiscal year [biennium] under Section 49-g(g) of that |
|
|
article. |
|
|
SECTION 8. Section 317.003(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) The governor or Legislative Budget Board may make a |
|
|
proposal at any time except during a [regular or special] session of |
|
|
the legislature. A proposal may apply to an appropriation that has |
|
|
been made for any specified fiscal year that has not ended at the |
|
|
time the proposal is made. |
|
|
SECTION 9. Sections 322.008(a), (c), and (d), Government |
|
|
Code, are amended to read as follows: |
|
|
(a) The director, under the direction of the board, shall |
|
|
prepare the general appropriations bill for introduction at each |
|
|
regular and budget [legislative] session of the legislature. |
|
|
(c) Not later than the fifth day after a regular or budget |
|
|
[legislative] session convenes, the director shall transmit a copy |
|
|
of the budget of estimated appropriations prepared by the director |
|
|
to the governor and each member of the legislature. |
|
|
(d) Not later than the seventh day after a regular or budget |
|
|
[legislative] session convenes, the director shall transmit a copy |
|
|
of the general appropriations bill to the governor and each member |
|
|
of the legislature. |
|
|
SECTION 10. Chapter 322, Government Code, is amended by |
|
|
adding Section 322.021 to read as follows: |
|
|
Sec. 322.021. STUDY TO IMPLEMENT ANNUAL BUDGET. (a) The |
|
|
board, with the assistance of the Texas Legislative Council, shall: |
|
|
(1) examine the laws and operations of state |
|
|
government to determine how the implementation of an annual state |
|
|
budget may affect those laws and operations; and |
|
|
(2) adopt recommendations for legislative and |
|
|
administrative action necessary to implement an annual state budget |
|
|
as effectively as practicable. |
|
|
(b) The board shall make its initial recommendations under |
|
|
this section not later than November 1, 2024. |
|
|
SECTION 11. Section 403.121(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) In the statement required by Section 49a, Article III, |
|
|
[Section 49a, of the] Texas Constitution, the comptroller shall |
|
|
list outstanding appropriations that may exist after the end of the |
|
|
current fiscal year but may not deduct them from the cash condition |
|
|
of the treasury or the anticipated revenues of the next fiscal year |
|
|
[biennium] for the purpose of certification. The comptroller shall |
|
|
base the reports, estimates, and certifications of available funds |
|
|
on the actual or estimated cash condition of the treasury and shall |
|
|
consider outstanding and undisbursed appropriations at the end of |
|
|
each fiscal year [biennium] as probable disbursements of the |
|
|
succeeding fiscal year [biennium] in the same manner that earned |
|
|
but uncollected income of a current fiscal year [biennium] is |
|
|
considered in probable receipts of the succeeding fiscal year |
|
|
[biennium]. The comptroller shall consider as probable |
|
|
disbursements warrants that will be issued by the state before the |
|
|
end of the fiscal year. |
|
|
SECTION 12. The heading to Section 253.034, Election Code, |
|
|
is amended to read as follows: |
|
|
Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND |
|
|
FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE. |
|
|
SECTION 13. Section 253.034, Election Code, is amended by |
|
|
amending Subsections (a), (b), and (c) and adding Subsection (a-1) |
|
|
to read as follows: |
|
|
(a) During the period beginning on the 30th day before the |
|
|
date a regular [legislative] session of the legislature convenes |
|
|
and continuing through the 20th day after the date of final |
|
|
adjournment of that regular session, a person may not knowingly |
|
|
make a political contribution to: |
|
|
(1) a statewide officeholder; |
|
|
(2) a member of the legislature; or |
|
|
(3) a specific-purpose committee for supporting, |
|
|
opposing, or assisting a statewide officeholder or member of the |
|
|
legislature. |
|
|
(a-1) During a budget session of the legislature, a person |
|
|
may not knowingly make a political contribution to: |
|
|
(1) the governor or lieutenant governor; |
|
|
(2) a member of or a candidate for election to the |
|
|
legislature; or |
|
|
(3) a specific-purpose committee for supporting, |
|
|
opposing, or assisting the governor, the lieutenant governor, or a |
|
|
member of or a candidate for election to the legislature. |
|
|
(b) A statewide officeholder, a member of or a candidate for |
|
|
election to the legislature, or a specific-purpose committee for |
|
|
supporting, opposing, or assisting a statewide officeholder or a |
|
|
member of or a candidate for election to the legislature may not |
|
|
knowingly accept a political contribution, and shall refuse a |
|
|
political contribution that is received, during a [the] period |
|
|
prescribed by Subsection (a) or (a-1), as applicable. A political |
|
|
contribution that is received and refused during that period shall |
|
|
be returned to the contributor not later than the 30th day after the |
|
|
date of receipt. A contribution made by United States mail or by |
|
|
common or contract carrier is not considered received during a |
|
|
[that] period if it was properly addressed and placed with postage |
|
|
or carrier charges prepaid or prearranged in the mail or delivered |
|
|
to the contract carrier before the beginning of the period. The |
|
|
date indicated by the post office cancellation mark or the common or |
|
|
contract carrier documents is considered to be the date the |
|
|
contribution was placed in the mail or delivered to the common or |
|
|
contract carrier unless proven otherwise. |
|
|
(c) This section does not apply to a political contribution |
|
|
that was made and accepted with the intent that it be used: |
|
|
(1) in an election held or ordered during a [the] |
|
|
period prescribed by Subsection (a) or (a-1) in which the person |
|
|
accepting the contribution is a candidate if the contribution was |
|
|
made after the person appointed a campaign treasurer with the |
|
|
appropriate authority and before the person was sworn in for that |
|
|
office; |
|
|
(2) to defray expenses incurred in connection with an |
|
|
election contest; or |
|
|
(3) by a person who holds a state office or a member of |
|
|
the legislature or by a specific-purpose political committee that |
|
|
supports or assists only that person or member if the contribution |
|
|
was made during the period prescribed by Subsection (a) and the |
|
|
person or member was defeated at the general election held |
|
|
immediately before the regular session is convened [or by a |
|
|
specific-purpose political committee that supports or assists only |
|
|
that person or member]. |
|
|
SECTION 14. The heading to Section 253.0341, Election Code, |
|
|
is amended to read as follows: |
|
|
Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO |
|
|
LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET |
|
|
[LEGISLATIVE] SESSION OF LEGISLATURE. |
|
|
SECTION 15. Sections 253.0341(a) and (b), Election Code, |
|
|
are amended to read as follows: |
|
|
(a) During the period beginning on the 30th day before the |
|
|
date a regular [legislative] session of the legislature convenes |
|
|
and continuing through the 20th day after the date of final |
|
|
adjournment, or at any time during a budget session of the |
|
|
legislature, a person not a member of the caucus may not knowingly |
|
|
make a contribution to a legislative caucus. |
|
|
(b) A legislative caucus may not knowingly accept from a |
|
|
nonmember a contribution, and shall refuse a contribution from a |
|
|
nonmember that is received, during a [the] period prescribed by |
|
|
Subsection (a). A contribution that is received and refused during |
|
|
a [that] period prescribed by Subsection (a) shall be returned to |
|
|
the contributor not later than the 30th day after the date of |
|
|
receipt. A contribution made by United States mail or by common or |
|
|
contract carrier is not considered received during a [that] period |
|
|
if it was properly addressed and placed with postage or carrier |
|
|
charges prepaid or prearranged in the mail or delivered to the |
|
|
contract carrier before the beginning of the period. The date |
|
|
indicated by the post office cancellation mark or the common or |
|
|
contract carrier documents is considered to be the date the |
|
|
contribution was placed in the mail or delivered to the common or |
|
|
contract carrier unless proven otherwise. |
|
|
SECTION 16. The changes in law made by this Act do not |
|
|
affect the validity of an appropriation made before September 1, |
|
|
2025, for a period that ends on or before August 31, 2027. |
|
|
SECTION 17. (a) This Act takes effect as provided by |
|
|
Subsection (b) of this section, but only if the constitutional |
|
|
amendment proposed by the 88th Legislature, Regular Session, 2023, |
|
|
providing for an annual state budget and annual legislative |
|
|
sessions for budget purposes is approved by the voters. If that |
|
|
proposed constitutional amendment is not approved by the voters, |
|
|
this Act has no effect. |
|
|
(b) Subject to Subsection (a) of this section: |
|
|
(1) except as provided by Subdivision (2) of this |
|
|
subsection, this Act takes effect September 1, 2025; and |
|
|
(2) this section and Section 10 of this Act take effect |
|
|
January 1, 2024. |