Bill Text: TX SJR23 | 2013-2014 | 83rd Legislature | Introduced


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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-18 - Referred to s/c on Fiscal Matters by Chair [SJR23 Detail]

Download: Texas-2013-SJR23-Introduced.html
  83R5951 KLA-D
 
  By: Estes S.J.R. No. 23
 
 
 
A JOINT RESOLUTION
  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.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 49a, Article III, Texas Constitution, is
  amended by adding Subsection (c) to read as follows:
         (c)  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.
         SECTION 2.  Article VIII, Texas Constitution, is amended by
  adding Section 26 to read as follows:
         Sec. 26.  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 83rd Legislature,
  Regular Session, 2013, 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(c), Article III, of this constitution takes
  effect January 1, 2015, 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, 2015.
         (c)  Section 26, Article VIII, of this constitution takes
  effect September 1, 2015, and applies only to appropriations
  authorized for all or part of, or expenditures during, a state
  fiscal year beginning on or after that date.
         (d)  This temporary provision expires January 1, 2016.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 5, 2013.
  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."
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