Bill Text: TX SR108 | 2013 | 83rd Legislature 2nd Special Session | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 16.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-07-29 - Reported enrolled [SR108 Detail]
Download: Texas-2013-SR108-Enrolled.html
By: Nichols | S.R. No. 108 |
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BE IT RESOLVED by the Senate of the State of Texas, 83rd | ||
Legislature, 2nd Called Session, 2013, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
House Bill 16 (the creation and functions of legislative select | ||
committees on transportation funding, expenditures, and finance | ||
and to the preservation of a sufficient balance in the economic | ||
stabilization fund) to consider and take action on the following | ||
matters: | ||
(1) Senate Rules 12.03(1) and (2) are suspended to permit | ||
the committee to change, alter, amend, and omit text which is not | ||
in disagreement in Section 1 of the bill to read as follows: | ||
SECTION 1. (a) The speaker of the house of | ||
representatives shall appoint nine members to a House Select | ||
Committee on Transportation Funding, Expenditures, and Finance | ||
and designate one member as chair. The lieutenant governor shall | ||
appoint nine members to a Senate Select Committee on | ||
Transportation Funding, Expenditures, and Finance and designate | ||
one member as chair. The speaker and lieutenant governor shall | ||
make the appointments not later than November 30, 2013. | ||
(b) The committees established under this section may | ||
meet separately at the call of the chair of the committee or | ||
jointly at the call of both chairs. In joint meetings, the chairs | ||
shall act as joint chairs. | ||
(c) The committees established under this section, | ||
meeting separately or jointly, shall review, study, and | ||
evaluate: | ||
(1) the future reliability of all current state | ||
transportation funding sources; | ||
(2) alternatives that may increase available state | ||
funding for surface transportation, including an examination of | ||
increases to current surface-transportation-related funding | ||
streams and possible diversions of | ||
non-surface-transportation-related funding streams toward | ||
surface transportation funding; | ||
(3) the use of debt financing in state | ||
transportation funding, including the uses of the Texas Mobility | ||
Fund, and the effects on long-term transportation planning of | ||
using debt financing; | ||
(4) alternative transportation funding options in | ||
use nationally and internationally; | ||
(5) current and historic appropriations to the | ||
Texas Department of Transportation, including: | ||
(A) whether that agency's budget structure | ||
best maximizes the application of limited public funds toward | ||
highway maintenance and construction; | ||
(B) whether there are opportunities to reduce | ||
the use of money from the state highway fund by that agency for | ||
activities not related to highway maintenance and construction, | ||
including such uses as employee salaries and benefits; and | ||
(C) possible benefits of developing a budget | ||
for that agency for the 2016-2017 state fiscal biennium using | ||
zero-based budgeting principles; | ||
(6) the uses of the state highway fund for agencies | ||
other than the Texas Department of Transportation, including and | ||
emphasizing the use of that fund for the Department of Public | ||
Safety of the State of Texas; and | ||
(7) the original purpose of the economic | ||
stabilization fund established by Section 49-g, Article III, | ||
Texas Constitution, whether that purpose remains relevant, and | ||
whether it remains appropriate to continue using the net amount | ||
of oil and gas production taxes received in the 1987 state fiscal | ||
year as the basis for making general revenue transfers to the | ||
economic stabilization fund. | ||
(d) Following consideration of the factors described by | ||
Subsection (c) of this section, the committees established under | ||
this section shall jointly adopt recommendations related to the | ||
reviewed subjects and shall provide a written report of the | ||
committees' recommendations on the reviewed subjects to the | ||
legislature not later than November 1, 2014. | ||
(e) The committees established under this section may | ||
exercise any power of a committee of their respective chambers | ||
and any powers of a joint committee. For the purposes of this | ||
Act, the committees established under this section are | ||
considered a joint committee and the cost of operation of each | ||
committee may be borne in the same manner as the cost of a joint | ||
committee. The Texas Legislative Council may provide funding for | ||
the operations of the committees. To the extent not inconsistent | ||
with this resolution, the joint rules adopted by the 83rd | ||
Legislature for the administration of joint interim legislative | ||
study committees apply to the committees established under this | ||
section. | ||
(f) This section expires January 13, 2015. | ||
Explanation: The change is necessary to replace the joint | ||
committee and study regarding the economic stabilization fund | ||
included as provided by each chamber's version of the bill with | ||
select committees to study the matters described by Section 1 of | ||
the bill and to provide for the expiration of the select | ||
committees. | ||
(2) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter which is not included in either | ||
the House or Senate version of the bill to read as follows: | ||
SECTION 2. (a) Chapter 316, Government Code, is amended | ||
by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. PRESERVATION OF SUFFICIENT BALANCE IN ECONOMIC | ||
STABILIZATION FUND | ||
Sec. 316.091. DEFINITION. In this subchapter: | ||
(1) "Board" means the Legislative Budget Board. | ||
(2) "Fund" means the economic stabilization fund. | ||
Sec. 316.092. DETERMINATION OF SUFFICIENT BALANCE. | ||
(a) For the purposes of Section 49-g(c-2), Article III, Texas | ||
Constitution, before the board submits the budget as prescribed | ||
by Section 322.008(c), the board shall determine and adopt for | ||
the next state fiscal biennium a sufficient balance of the fund | ||
in an amount that the board estimates will ensure an appropriate | ||
amount of revenue available in the fund. In determining the | ||
sufficient balance for each that fiscal biennium, the board shall | ||
consider: | ||
(1) the history of fund balances; | ||
(2) the history of transfers to the fund; | ||
(3) estimated fund balances during that fiscal | ||
biennium; | ||
(4) estimated transfers to the fund to occur during | ||
that fiscal biennium; | ||
(5) information available to the board regarding | ||
state highway congestion and funding demands; and | ||
(6) any other information requested by the board | ||
regarding the state's financial condition. | ||
(b) On or before October 1 of each even-numbered year, | ||
the comptroller shall provide to the board the comptroller's | ||
projection of the amounts to be transferred to the fund during | ||
the next state fiscal biennium. | ||
Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS | ||
TO FUND AND STATE HIGHWAY FUND. (a) Before the comptroller | ||
makes transfers for a state fiscal year in accordance with | ||
Section 49-g(c), Article III, Texas Constitution, the | ||
comptroller shall determine whether the sum of the balance of the | ||
fund on the preceding August 31, any projected transfer to the | ||
fund under Sections 49-g(b) of that article, and any projected | ||
transfer to the fund under Section 49-g(c) of that article in | ||
accordance with the allocations for the transfer as provided by | ||
Section 49-g(c-1) of that article is less than the sufficient | ||
balance adopted under Section 316.092. | ||
(b) If the sum described by Subsection (a) is less than | ||
the sufficient balance adopted under Section 316.092, the | ||
comptroller shall adjust the allocation of amounts to be | ||
transferred to the fund and to the state highway fund as provided | ||
by Section 49-g(c), Article III, Texas Constitution, so that: | ||
(1) the amount allocated for transfer to the fund is | ||
increased by an additional amount equal to the lesser of the | ||
remaining one-half of the sum of the amounts allocated for | ||
transfer under Sections 49-g (d) and (e) of that article or the | ||
amount necessary for the sufficient balance to be reached when | ||
considered together with other estimated transfers to the fund | ||
during the then-current fiscal year; and | ||
(2) the amount allocated for transfer to the state | ||
highway fund is reduced by the amount of the increased allocation | ||
to the fund under Subdivision (1). | ||
(c) If the board has not adopted under Section 316.092 a | ||
sufficient balance for the comptroller to consider under this | ||
section, the comptroller shall adjust the allocation of amounts | ||
to be transferred to the fund and to the state highway fund as | ||
provided by Section 49-g(c), Article III, Texas Constitution, so | ||
that the total of those amounts are transferred to the economic | ||
stabilization fund, except that the comptroller shall reduce a | ||
transfer made under this subsection as necessary to prevent the | ||
amount in the fund from exceeding the limit in effect for that | ||
biennium under Section 49-g(g) of that article. | ||
(d) As soon as practicable after the effective date of | ||
this section, the board shall determine and adopt a sufficient | ||
balance of the fund applicable to the transfers to be made under | ||
Section 49-g(c), Article III, Texas Constitution, for the state | ||
fiscal year beginning September 1, 2014, and a sufficient balance | ||
of the fund applicable to the transfers to be made under that | ||
section for the next fiscal biennium. The comptroller may not | ||
make the transfers required under that section for the state | ||
fiscal year beginning September 1, 2014, until the board has | ||
adopted a sufficient balance under this subsection. However, if | ||
the board has not adopted the balance before the 30th day after | ||
the effective date of this section, the comptroller shall make | ||
that transfer on the 30th day after the effective date of this | ||
section in accordance with Subsection (c) of this section. This | ||
subsection expires September 1, 2015. | ||
(b) This section takes effect immediately on the final | ||
canvass of the election on the constitutional amendment proposed | ||
by the 83rd Legislature, 2nd Called Session, 2013, to provide for | ||
the transfer of certain general revenue to the economic | ||
stabilization fund and the state highway fund and for the | ||
dedication of the revenue transferred to the state highway fund, | ||
but only if that amendment is approved by the voters. If that | ||
amendment is not approved by the voters, this Act has no effect. | ||
Explanation: The change is necessary to provide a general | ||
law procedure for allocation of certain amounts to be transferred | ||
under Section 49-g, Article III, Texas Constitution, as would be | ||
required if the constitutional amendment proposed by House Joint | ||
Resolution No. 2 is approved by the voters. | ||
(3) Senate Rules 12.03(1) and (3) are suspended to permit | ||
the committee to change, alter, amend, and add text on a matter | ||
which is not in disagreement to read as follows: | ||
SECTION 3. Except as otherwise provided by this Act: | ||
(1) 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; and | ||
(2) if this Act does not receive the vote necessary | ||
for immediate effect, this Act takes effect on the 91st day after | ||
the last day of the legislative session. | ||
Explanation: The change is necessary to allow for the | ||
select committees provided for to begin functioning earlier and | ||
to provide for a contingent effective date for the general law | ||
procedure, as provided by the bill, for allocation of certain | ||
amounts to be transferred under Section 49-g, Article III, Texas | ||
Constitution, as would be required if the constitutional | ||
amendment proposed by House Joint Resolution No. 2 is approved by | ||
the voters. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on July 29, 2013, by | ||
the | ||
_______________________________ | ||
Secretary of the Senate |