HBA-EDN H.J.R. 75 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 75
By: Mowery
Constitutional Revision, Select
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Constitution contains provisions which are obsolete, archaic,
redundant, and unnecessary. Numerous duplicate, executed, and archaic
clauses could be repealed or amended without changing the substance of the
document.  Reformatting the constitution to consolidate duplicate
provisions and to delete language that has become outdated will make the
document less complex and easier to understand.  As proposed, House Joint
Resolution 75 requires the submission to the voters of a constitutional
amendment providing for the reformatting of the constitution to address
these needs.    

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. 

ANALYSIS

House Joint Resolution 75 amends the Texas Constitution to eliminate
obsolete, archaic, redundant, and unnecessary provisions and to clarify,
update, and consolidate certain other provisions.  The resolution repeals
provisions relating to the creation of permanent accounts for property
previously set aside for the benefit of the Lunatic, Blind, Deaf and Dumb,
and Orphan Asylums (Sec.  3.02). The resolution creates a temporary
provision to provide for the transfer of any such remaining property to the
permanent school fund.   H.J.R. 75 requires any outstanding income from
that land or other property accruing before the repeal of those provisions
to be deposited to the credit of the available school fund.  This temporary
provision expires January 1, 2003  (Sec. 3.03).  The resolution also
creates a temporary provision to provide that the reenactment of any
provision for the purposes of amendment does not revive a provision that
may have been impliedly repealed by the adoption of a later amendment and
that the amendment of any provision does not affect vested rights (Sec.
7.01).   

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.