Bill Text: TX SB1652 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the implementation of new processes for the purposes of budget transparency, fiscal responsibility, and open government.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-16 - Referred to State Affairs [SB1652 Detail]
Download: Texas-2011-SB1652-Engrossed.html
By: Watson, Patrick | S.B. No. 1652 |
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relating to the implementation of new processes for the purposes of | ||
budget transparency, fiscal responsibility, and open government. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 322.003, Government Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) The board shall hold a public hearing in November of | ||
each state fiscal year to hear a report from the comptroller and | ||
receive public testimony regarding the financial condition of this | ||
state. The report from the comptroller must: | ||
(1) specify for each revenue source included in | ||
determining the estimate of anticipated revenue for purposes of the | ||
most recent statement required by Section 49a, Article III, Texas | ||
Constitution, the total net revenue actually collected from that | ||
source for the state fiscal year as of the end of the most recent | ||
state fiscal quarter; | ||
(2) compare for the period described by Subdivision | ||
(1) the total net revenue collected from each revenue source | ||
required to be specified under that subdivision with the | ||
anticipated revenue from that source that was included for purposes | ||
of determining the estimate of anticipated revenue in the statement | ||
required by Section 49a, Article III, Texas Constitution; | ||
(3) specify for each state revenue source resulting | ||
from a law taking effect after the comptroller submitted the most | ||
recent statement required by Section 49a, Article III, Texas | ||
Constitution, the estimated total net revenue collected from that | ||
source for the state fiscal year as of the end of the most recent | ||
state fiscal quarter; | ||
(4) summarize indicators of state economic trends | ||
experienced since the most recent statement required by Section | ||
49a, Article III, Texas Constitution; and | ||
(5) summarize anticipated state economic trends and | ||
the anticipated effect of the trends on state revenue collections. | ||
SECTION 2. Section 322.008, Government Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) For each state fee the amount of which is proposed or | ||
authorized to be increased by a provision of the general | ||
appropriations bill, the general appropriations bill must set out | ||
in a separate section of the bill: | ||
(1) the statutory authority for the fee; | ||
(2) the amount of the fee increase; | ||
(3) each purpose for which the fee revenue is to be | ||
used; and | ||
(4) into which fund the fee revenue will be deposited. | ||
SECTION 3. Chapter 322, Government Code, is amended by | ||
adding Section 322.022 to read as follows: | ||
Sec. 322.022. PUBLIC HEARING ON INTERIM BUDGET REDUCTION | ||
REQUEST. (a) In this section: | ||
(1) "Interim budget reduction request" means a request | ||
communicated in any manner for a state agency to make adjustments to | ||
the strategies, methods of finance, performance measures, or riders | ||
applicable to the agency through the state budget in effect on the | ||
date the request is communicated that, if implemented, would reduce | ||
the agency's total expenditures for the current state fiscal | ||
biennium to an amount less than the total amount that otherwise | ||
would be permissible based on the appropriations made to the agency | ||
in the budget. | ||
(2) "State agency" means an office, department, board, | ||
commission, institution, or other entity to which a legislative | ||
appropriation is made. | ||
(b) A state agency shall provide to the board a detailed | ||
report of any expenditure reduction plan that: | ||
(1) the agency develops in response to an interim | ||
budget reduction request made by the governor, the lieutenant | ||
governor, or a member of the legislature, or any combination of | ||
those persons; and | ||
(2) if implemented, would reduce the agency's total | ||
expenditures for the current state fiscal biennium to an amount | ||
less than the total amount that otherwise would be permissible | ||
based on the appropriations made to the agency in the state budget | ||
for the biennium. | ||
(c) The board shall hold a public hearing to solicit | ||
testimony on an expenditure reduction plan a state agency reports | ||
to the board as required by Subsection (b) as soon as practicable | ||
after receiving the report. The agency may not implement any | ||
element of the plan until the conclusion of the hearing. | ||
(d) This section does not apply to an expenditure reduction | ||
a state agency desires to make that does not directly or indirectly | ||
result from an interim budget reduction request made by the | ||
governor, the lieutenant governor, or a member of the legislature, | ||
or any combination of those persons. | ||
SECTION 4. Subchapter B, Chapter 403, Government Code, is | ||
amended by adding Section 403.0145 to read as follows: | ||
Sec. 403.0145. PUBLICATION OF FEES SCHEDULE. As soon as | ||
practicable after the end of each state fiscal year, the | ||
comptroller shall publish a schedule of all revenue to the state | ||
from fees authorized by statute. For each fee, the schedule must | ||
specify: | ||
(1) the purpose for which the fee revenue is to be | ||
used; | ||
(2) if the fee has been increased during the most | ||
recent legislative session, the amount of the increase; | ||
(3) into which fund the fee revenue will be deposited; | ||
and | ||
(4) the amount of the fee revenue that will be | ||
considered available for general governmental purposes and | ||
accordingly considered available for the purpose of certification | ||
under Section 403.121. | ||
SECTION 5. Section 404.124, Government Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) Before issuing notes the comptroller shall submit to the | ||
committee a general revenue cash flow shortfall forecast, based on | ||
the comptroller's most recent anticipated revenue estimate. The | ||
forecast must contain a detailed report of estimated revenues and | ||
expenditures for each month and each major revenue and expenditure | ||
category and must demonstrate the maximum general revenue cash flow | ||
shortfall that may be predicted. The committee shall hold a public | ||
hearing to solicit testimony on the forecast, including testimony | ||
on this state's overall economic condition, as soon as practicable | ||
after receiving the forecast. | ||
(b) Based on the forecast and testimony provided at the | ||
hearing required by Subsection (a), the committee may approve the | ||
issuance of notes, subject to Subsections (b-1) and (c), and the | ||
maximum outstanding balance of notes in any fiscal year. The | ||
outstanding balance may not exceed the maximum temporary cash | ||
shortfall forecast by the comptroller for any period in the fiscal | ||
year. The comptroller may not issue notes in excess of the amount | ||
approved. | ||
(b-1) The committee's approval of the issuance of notes | ||
granted under Subsection (b) expires on the 91st day after the date | ||
the hearing conducted under Subsection (a) concludes. The | ||
comptroller may not issue notes on or after the 91st day unless the | ||
comptroller submits another general revenue cash flow shortfall | ||
forecast to the committee and the committee subsequently grants | ||
approval for the issuance of the notes in accordance with the | ||
procedure required by Subsections (a) and (b). Each subsequent | ||
approval expires on the 61st day after the date the hearing on which | ||
the approval was based concludes. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |