Bill Text: TX SB15 | 2013 | 83rd Legislature 1st Special Session | Introduced

Bill Title: Relating to the limitation on the rate of growth in appropriations from state tax revenues.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-05-29 - Filed [SB15 Detail]

Download: Texas-2013-SB15-Introduced.html
  83S10014 JJT-D
 
  By: Patrick, Paxton S.B. No. 15
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the limitation on the rate of growth in appropriations
  from state tax revenues.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 316.001, 316.002, 316.003, 316.004, and
  316.006, Government Code, are amended to read as follows:
         Sec. 316.001.  LIMIT. The rate of growth of appropriations
  in a biennium from state tax revenues not dedicated by the
  constitution, as compared to those appropriations made for the
  previous biennium, may not exceed the least of the following rates:
               (1)  the estimated rate of growth of this [the] state's
  economy;
               (2)  a rate equal to the sum of:
                     (A)  the estimated biennial rate of growth of this
  state's population; and
                     (B)  the estimated biennial rate of monetary
  inflation in this state; and
               (3)  the estimated biennial rate of growth of this
  state's gross state product.
         Sec. 316.002.  DUTIES OF LEGISLATIVE BUDGET BOARD. (a)  
  Before the Legislative Budget Board submits the budget as
  prescribed by Section 322.008(c), the board shall determine
  [establish]:
               (1)  the estimated rate of growth of this [the] state's
  economy from the current biennium to the next biennium as
  determined under Subsection (b);
               (2)  a rate, as determined under Subsection (c), equal
  to the sum of:
                     (A)  the estimated biennial rate of growth of this
  state's population; and
                     (B)  the estimated biennial rate of monetary
  inflation in this state;
               (3)  the estimated biennial rate of growth of this
  state's gross state product as determined under Subsection (d);
               (4)  the level of appropriations for the current
  biennium from state tax revenues not dedicated by the constitution;
  and
               (5) [(3)]  the maximum permissible amount of state tax
  revenues not dedicated by the constitution that may [could] be
  appropriated for the next biennium within the limit established by
  applying the least of:
                     (A)  the estimated rate of growth of this [the]
  state's economy as determined under Subsection (b);
                     (B)  the rate as determined under Subsection (c)
  from the rates of population growth and monetary inflation; and
                     (C)  the estimated biennial rate of growth of this
  state's gross state product as determined under Subsection (d).
         (b)  The [Except as provided by Subsection (c), the] board
  shall determine the estimated rate of growth of this [the] state's
  economy by dividing the estimated Texas total personal income for
  the next biennium by the estimated Texas total personal income for
  the current biennium. Using standard statistical methods, the
  board shall make the estimate by projecting through the biennium
  the estimated Texas total personal income reported by the United
  States Department of Commerce or its successor in function.
         (c)  The board shall determine a rate equal to the sum of the
  estimated biennial rate of growth of this state's population and
  the estimated biennial rate of monetary inflation in this state as
  provided by this subsection. The board shall determine the
  estimated biennial rate of growth of this state's population based
  on the average rate of growth during the preceding five years
  according to estimates provided to the board by the state
  demographer. The board shall determine the estimated biennial rate
  of monetary inflation in this state based on the average rate of
  change during the preceding five years of the effective consumer
  price index for this state. For purposes of this subsection, the
  effective consumer price index for this state is the average of the
  consumer price indexes as determined by the United States
  Department of Labor for the Houston metropolitan area and for the
  Dallas/Fort Worth metropolitan area.
         (d)  The board shall determine the estimated biennial rate of
  growth of this state's gross state product by dividing the
  estimated gross state product for the then current state fiscal
  year by the average of the gross state products for the preceding
  four state fiscal years. The board shall consider information and
  analysis provided by the comptroller and the Bureau of Economic
  Analysis of the United States Department of Commerce, or its
  successor in function. [If a more comprehensive definition of the
  rate of growth of the state's economy is developed and is approved
  by the committee established by Section 316.005, the board may use
  that definition in calculating the limit on appropriations.]
         (e) [(d)]  To ensure compliance with Section 22, Article
  VIII, [Section 22, of the] Texas Constitution, the Legislative
  Budget Board may not transmit in any form to the governor or the
  legislature the budget as prescribed by Section 322.008(c) or the
  general appropriations bill as prescribed by Section 322.008(d)
  until the maximum permissible amount [limit on the rate of growth]
  of appropriations of state tax revenues not dedicated by the
  constitution that may be appropriated for the next biennium has
  been adopted as required by this subchapter.
         (f)  If [(e)  In the absence of an action by] the Legislative
  Budget Board does not [to] adopt a maximum permissible amount of
  appropriations of state tax revenues not dedicated by the
  constitution that may be appropriated for the next biennium [a
  spending limit] as provided by this section, the maximum
  permissible [in Subsections (a) and (b), the estimated rate of
  growth in the state's economy from the current biennium to the next
  biennium shall be treated as if it were zero, and the] amount of
  state tax revenues not dedicated by the constitution that may
  [could] be appropriated for the next biennium considered adopted
  under this subchapter is [within the limit established by the
  estimated rate of growth in the state's economy shall be] the same
  as the level of those appropriations for the current biennium.
         Sec. 316.003.  PUBLICATION. Before the Legislative Budget
  Board approves the items of information required by Section
  316.002, the board shall publish in the Texas Register the proposed
  items of information and a description of the methodology and
  sources used in making the determinations [calculations].
         Sec. 316.004.  PUBLIC HEARING. Not later than December 1 of
  each even-numbered year, the Legislative Budget Board shall hold a
  public hearing to solicit testimony regarding the proposed items of
  information and the methodology used in making the determinations
  [calculations] required by Section 316.002.
         Sec. 316.006.  LIMIT ON BUDGET RECOMMENDATIONS. Unless
  authorized by majority vote of the members of the board from each
  house, the Legislative Budget Board budget recommendations
  relating to the proposed appropriations of state tax revenues not
  dedicated by the constitution may not exceed the maximum
  permissible amount of those appropriations [limit] adopted by the
  committee under Section 316.005.
         SECTION 2.  Section 316.007(a), Government Code, is amended
  to read as follows:
         (a)  The Legislative Budget Board shall include in the
  board's [its] budget recommendations the proposed maximum
  permissible amount [limit] of appropriations from state tax
  revenues not dedicated by the constitution.
         SECTION 3.  Section 316.008, Government Code, is amended to
  read as follows:
         Sec. 316.008.  EFFECT OF LIMIT; ENFORCEMENT. (a) In this
  section:
               (1)  "Constitutional limit on the rate of growth of
  appropriations" means the limit on the rate of growth of this
  state's economy as determined by the Legislative Budget Board under
  Section 316.002(b):
                     (A)  as finally adopted by the committee under
  Section 316.005(b); or
                     (B)  as considered adopted under Section
  316.002(f) or 316.005(c).
               (2)  "Statutory limit on the rate of growth of
  appropriations" means the lower of the rates determined by the
  Legislative Budget Board under Section 316.002(c) or (d):
                     (A)  as finally adopted by the committee under
  Section 316.005(b); or
                     (B)  as considered adopted under Section
  316.002(e) or 316.005(c).
         (b)  Unless the legislature adopts a resolution under
  Section 22(b), Article VIII, [Section 22(b), of the] Texas
  Constitution, raising the proposed constitutional limit on
  appropriations, the proposed constitutional limit is binding on the
  legislature with respect to all appropriations for the next
  biennium made from state tax revenues not dedicated by the
  constitution.
         (c) [(b)]  The rules of the house of representatives and
  senate shall provide for enforcement of Subsection (b) [(a)].
         (d)  When the statutory limit on the rate of growth of
  appropriations is lower than the constitutional limit on the rate
  of growth of appropriations or is lower than the constitutional
  limit as raised by a resolution described by Subsection (b), the
  statutory limit is binding on the legislature with respect to all
  appropriations for the next biennium made from state tax revenues
  not dedicated by the constitution unless the legislature by general
  law provides that the statutory limit does not apply to
  appropriations for that biennium.
         SECTION 4.  The changes in law made by this Act apply only
  with respect to appropriations for the state fiscal biennium
  beginning September 1, 2015, and subsequent state fiscal bienniums.
         SECTION 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.

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