Bill Text: TX HJR111 | 2015-2016 | 84th Legislature | Engrossed

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Bill Title: Proposing a constitutional amendment to prohibit using revenues, other money, or account or fund balances dedicated by law for nondedicated general governmental purposes or for certification of appropriations for nondedicated purposes or entities.

Spectrum: Moderate Partisan Bill (Republican 36-4)

Status: (Engrossed - Dead) 2015-05-22 - Left pending in committee [HJR111 Detail]

Download: Texas-2015-HJR111-Engrossed.html

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By: Darby, Springer, Crownover, Simpson, H.J.R. No. 111
Frank, et al.

A JOINT RESOLUTION
pr
oposing a constitutional amendment to prohibit using revenues,
other money, or account or fund balances dedicated by law for
nondedicated general governmental purposes or for certification of
appropriations for nondedicated purposes or entities.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49a, Article III, Texas Constitution, is
amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) In making the determinations necessary for the
Comptroller of Public Accounts to endorse the certificate under
Subsection (b) of this section, the Comptroller may not consider
any portion of any revenue of, or money received by, this state, or
any account or fund balance, that by law has been dedicated to a
particular purpose or entity as available for the purpose of
certifying that the amount of appropriations for any other purpose
or entity is within the amount estimated to be available in the
affected funds. The Legislature may not by general law make an
unappropriated balance of a dedicated account or fund available for
general governmental purposes or certification except by expressly
repealing the dedication.
(b-2) In making the determinations necessary for the
Comptroller of Public Accounts to make the biennial estimate of
anticipated revenue under Subsection (a) of this section, the
Comptroller may not consider any portion of any revenue of, or money
received by, this state, or any account or fund balance, that by law
has been dedicated to a particular purpose or entity as available
for appropriation for any other purpose or entity.
SECTION 2. Article VIII, Texas Constitution, is amended by
adding Section 5 to read as follows:
Sec. 5. Revenue of, or money received by, this state from
one or more particular sources or held in or deposited to an
identified account or fund inside or outside the state treasury the
appropriation or expenditure of which at the time the revenue is
collected or the money is received by the state is dedicated by
general law to one or more particular purposes or for one or more
particular entities may not be appropriated or expended for any
purpose, or to or by any entity, other than a purpose or entity to
which the revenue or money is dedicated unless the legislature
expressly repeals the dedication.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 84th Legislature,
Regular Session, 2015, prohibiting using revenues, other money, or
account or fund balances dedicated by law for nondedicated general
governmental purposes or for certification of appropriations for
nondedicated purposes or entities.
(b) Section 49a(b-1), Article III, of this constitution
takes effect January 1, 2021, and applies only to the certification
of an appropriation authorized for all or part of a state fiscal
year beginning on or after September 1, 2021.
(c) Section 49a(b-2), Article III, of this constitution
takes effect January 1, 2016, and applies to the biennial estimate
of anticipated revenue made under Section 49a(a) of that article
for all or part of a state fiscal year beginning on or after
September 1, 2016.
(d) Section 5, Article VIII, of this constitution takes
effect September 1, 2021, and applies only to appropriations
authorized for all or part of, or expenditures during, a state
fiscal year beginning on or after that date.
(e) This temporary provision expires January 1, 2022.
SECTION 4. 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 to end fee and other
revenue diversions by prohibiting using certain money dedicated by
law for nondedicated purposes or entities and to prohibit using
that money to certify appropriations for nondedicated purposes or
entities."