HBA-NLM H.B. 3556 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3556
By: Heflin
Appropriations
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Article VIII, Section 22 (Restriction on Appropriations), Texas
Constitution, was proposed by the 65th Texas Legislature and adopted by the
voters at an election held in 1978 as an attempt to adjust the rate of
growth in state spending by tying it to the rate of growth in the economy.
H.B. 3556 prohibits the total expenditures from all funds and accounts in
the state treasury from exceeding the total amount appropriated for that
fiscal year, except as otherwise provided. In addition,  H.B. 3556 requires
an expenditure of an appropriation in one fiscal year that was obligated
under an appropriation for the preceding fiscal year to be counted against
the previous year's total expenditures, for purposes of this section. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 403, Government Code, by adding
Section 403.091, as follows: 

Sec. 403.091.  LIMITATION ON EXPENDITURES FROM STATE TREASURY.  (a)
Prohibits the total expenditures from all funds and accounts in the state
treasury from exceeding the total amount appropriated for that fiscal year,
except as provided by Subsection (c).  Prohibits the comptroller from
drawing a warrant on the state treasury to pay a claim that exceeds the
amount specified in this section.  

(b) Authorizes the comptroller to reduce the authority to spend
appropriations from the state treasury in the manner provided, to forestall
the prohibition provided by Subsection (a). Provides that the reduction of
authority must be applied equally to all appropriations from the state
treasury, except as provided by Subsection (c).  

(c) Specifies that this section does not apply to appropriations made by
the Texas Constitution or to appropriations of amounts dedicated by the
Texas Constitution. Prohibits the comptroller from including
appropriations made by the constitution or appropriations of amounts
dedicated by the constitution in determining an agency's total
appropriation authority, in applying a reduction of appropriation authority
under Subsection (b).  

(d) Requires an expenditure of an appropriation in one fiscal year that was
obligated under an appropriation for the preceding fiscal year to be
counted against the previous year's total expenditures, for purposes of
this section.  

SECTION 2.  Effective date:  September 1, 1999. 

SECTION 3.  Emergency clause.