Bill Text: TX HB1609 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the limit on the rate of growth in appropriations and to the authority of the comptroller to reduce the state sales tax rate for designated periods.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-04 - Referred to Appropriations [HB1609 Detail]
Download: Texas-2013-HB1609-Introduced.html
83R8812 JJT-D | ||
By: Hughes | H.B. No. 1609 |
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relating to the limit on the rate of growth in appropriations and to | ||
the authority of the comptroller to reduce the state sales tax rate | ||
for designated periods. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 316.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 316.001. LIMIT. The rate of growth of appropriations | ||
in a biennium from all available sources of revenue except the | ||
federal government [ |
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this state's population during the three previous state fiscal | ||
bienniums adjusted by the average biennial rate of monetary | ||
inflation over the same period, as determined under Section 316.002 | ||
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SECTION 2. Sections 316.002(a), (b), (c), and (e), | ||
Government Code, are amended to read as follows: | ||
(a) Before the Legislative Budget Board submits the budget | ||
as prescribed by Section 322.008(c), the board shall establish[ |
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appropriations for that state fiscal biennium, as compared to the | ||
previous state fiscal biennium, by subtracting one from the product | ||
of: | ||
(1) the sum of one and the estimated average biennial | ||
rate of growth of this state's population during the three previous | ||
fiscal bienniums; and | ||
(2) the sum of one and the estimated average biennial | ||
rate of monetary inflation during the three previous fiscal | ||
bienniums [ |
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(b) Except as provided by Subsection (c), the board shall | ||
determine for the next state fiscal biennium the maximum | ||
permissible amount of appropriations from all available sources of | ||
revenue except the federal government by multiplying the amount of | ||
appropriations from those sources of revenue for the then current | ||
biennium by the sum of one and the limit on the rate of growth of | ||
appropriations determined by the board under Subsection (a) [ |
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(c) If a more effective method of computing the average | ||
biennial [ |
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state's population adjusted for monetary inflation [ |
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developed and is approved by the committee established by Section | ||
316.005, the board may use that alternative method in computing | ||
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(e) In the absence of an action by the Legislative Budget | ||
Board to adopt a spending limit as provided in Subsections (a) and | ||
(b), the limit on the [ |
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for the [ |
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next state fiscal biennium is [ |
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and the amount of revenue from all available sources except the | ||
federal government appropriated for the next state fiscal biennium | ||
may not exceed [ |
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those sources for the then current biennium. | ||
SECTION 3. Section 151.051, Tax Code, is amended to read as | ||
follows: | ||
Sec. 151.051. SALES TAX IMPOSED. (a) A tax is imposed on | ||
each sale of a taxable item in this state at a rate determined by the | ||
comptroller as provided by this section. | ||
(b) Except as provided by this section, the [ |
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rate is 6-1/4 percent of the sales price of the taxable item sold. | ||
(c) Each odd-numbered year, the comptroller shall determine | ||
whether the amount of undedicated unencumbered anticipated revenue | ||
is sufficient to permit, without resulting in a shortfall of | ||
revenue, a reduction of the sales tax rate by at least one-tenth of | ||
one percent for a period of two calendar years. | ||
(d) If the comptroller determines under Subsection (c) that | ||
the rate may be reduced, then not later than November 1 of that year | ||
the comptroller shall declare a reduced sales tax rate for the next | ||
two calendar years that is at least one-tenth of one percent lower | ||
than the rate otherwise provided by Subsection (b). The | ||
comptroller shall publish the declaration in the Texas Register, | ||
shall mail notice of the declaration to each permit holder, and may | ||
provide notice by other means the comptroller determines prudent. | ||
The reduced rate applies beginning January 1 of the following year | ||
through December 31 of the second following year, except as | ||
provided by Subsection (e). | ||
(e) Not later than November 1 of the first year of the period | ||
in which the reduced sales tax rate applies, the comptroller shall | ||
determine from then current available information whether the | ||
amount of undedicated unencumbered anticipated revenue is | ||
sufficient to maintain the reduced sales tax rate for the second | ||
year of the period without resulting in a shortfall of revenue. If | ||
the comptroller determines that a revenue shortfall is likely to | ||
occur, the comptroller shall declare the reduced rate rescinded for | ||
the following year. The comptroller shall publish the declaration | ||
in the Texas Register, shall mail notice of the declaration to each | ||
permit holder, and may provide notice by other means the | ||
comptroller determines prudent. For the period from January 1 to | ||
December 31 of the year following a declaration under this | ||
subsection, the sales tax rate is the rate otherwise provided by | ||
Subsection (b). | ||
(f) The comptroller shall adopt rules to implement this | ||
section. | ||
SECTION 4. This Act takes effect on the date on which the | ||
constitutional amendment proposed by the 83rd Legislature, Regular | ||
Session, 2013, to limit the rate of growth of appropriations from | ||
all sources of revenue except the federal government and to | ||
authorize the legislature to appropriate money for tax rebates | ||
takes effect. If that amendment is not approved by the voters, this | ||
Act has no effect. |