HBA-NLM H.J.R. 79 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 79
By: Isett
Appropriations
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Article VIII, Section 22 (Restriction on Appropriations), Texas
Constitution, was passed in 1978 as an attempt to adjust the rate of growth
in state spending to the rate of growth in the economy.  There is concern
this growth rate  disparity is due to the disproportionate increase in
state spending in the economy.  As proposed, H.J.R. 79 requires the
submission to the voters of a constitutional amendment, prohibiting the
rate of growth of appropriations from all sources except the federal
government in any biennium, rather than state tax revenues not dedicated by
this constitution, from exceeding the estimated rate of growth of total
personal income in the state.  In addition,  H.J.R. 79 requires the
estimate for the next biennium to be adjusted downward by the amount of
overestimation, if an estimate of the rate of growth of total personal
income in the state for a fiscal biennium exceeds the actual rate of growth
by more than 10 percent 

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 Sections 22(a) and (b), Article VIII, Texas
Constitution, as follows: 

(a)  Prohibits the rate of growth of appropriations from all sources except
the federal government in any biennium, rather than state tax revenues not
dedicated by this constitution, from exceeding the estimated rate of growth
of total personal income in the state.  Requires the estimate for the next
biennium to be adjusted downward by the amount of overestimation, if an
estimate of the rate of growth of total personal income in the state for a
fiscal biennium exceeds the actual rate of growth by more than 10 percent. 

(b)  Authorizes the legislature to provide for appropriations described by
this section, if the legislature by adoption of a resolution approved by a
record vote of two-thirds, rather than a majority, of the members of each
house finds that an emergency exists and identifies the nature of the
emergency. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth
required language for the ballot.