85R1819 MAW-D     By: Raymond H.B. No. 892       A BILL TO BE ENTITLED   AN ACT   relating to an annual state budget and legislative budget sessions   in even-numbered years and to political contributions made during a   legislative session.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 301.001, Government Code, is amended to   read as follows:          Sec. 301.001.  TIME OF MEETING.  (a) In each odd-numbered   year, the [The] legislature shall convene in regular session at 12   noon on the second Tuesday in January [of each odd-numbered year].          (b)  In each even-numbered year, the legislature shall   convene in budget session at 12 noon on the third Tuesday in April.          SECTION 2.  Section 316.001, Government Code, is amended to   read as follows:          Sec. 316.001.  LIMIT. The rate of growth of appropriations   in a state fiscal year [biennium] from state tax revenues not   dedicated by the constitution may not exceed the estimated rate of   growth of the state's economy.          SECTION 3.  Sections 316.002(a), (b), and (e), Government   Code, are amended to read as follows:          (a)  Before the Legislative Budget Board submits the budget   as prescribed by Section 322.008(c), the board shall establish:                (1)  the estimated rate of growth of the state's economy   from the current fiscal year [biennium] to the next fiscal year   [biennium];                (2)  the level of appropriations for the current fiscal   year [biennium] from state tax revenues not dedicated by the   constitution; and                (3)  the amount of state tax revenues not dedicated by   the constitution that could be appropriated for the next fiscal   year [biennium] within the limit established by the estimated rate   of growth of the state's economy.          (b)  Except as provided by Subsection (c), the board shall   determine the estimated rate of growth of the state's economy by   dividing the estimated Texas total personal income for the next   fiscal year [biennium] by the estimated Texas total personal income   for the current fiscal year [biennium]. Using standard statistical   methods, the board shall make the estimate by projecting through   the fiscal year [biennium] the estimated Texas total personal   income reported by the United States Department of Commerce or its   successor in function.          (e)  In the absence of an action by the Legislative Budget   Board to adopt a spending limit as provided in Subsections (a) and   (b), the estimated rate of growth in the state's economy from the   current fiscal year [biennium] to the next fiscal year [biennium]   shall be treated as if it were zero, and the amount of state tax   revenues not dedicated by the constitution that could be   appropriated within the limit established by the estimated rate of   growth in the state's economy shall be the same as the level of   appropriations for the current fiscal year [biennium].          SECTION 4.  Section 316.008(a), Government Code, is amended   to read as follows:          (a)  Unless the legislature adopts a resolution under   Article VIII, Section 22(b), of the Texas Constitution raising the   proposed limit on appropriations, the proposed limit is binding on   the legislature with respect to all appropriations for the next   fiscal year [biennium] made from state tax revenues not dedicated   by the constitution.          SECTION 5.  Section 316.045, Government Code, is amended to   read as follows:          Sec. 316.045.  REDUCTION IN CERTAIN AGENCY FEES. (a) Each   state agency that sets the fees charged by that agency in amounts   that are reasonable and necessary to cover the administrative costs   of the agency shall review the amounts charged as fees on an annual   [a biennial] basis. The agency shall review the fees before the   beginning of each state fiscal year [biennium] and incorporate its   recommendations based on that review in its budget request   submitted to the Legislative Budget Board and the budget division   of the governor's office.          (b)  If the agency determines that the fees are set at a level   that exceeds the administrative costs of the agency as of the date   of the review, the agency shall reduce the amount of the affected   fees to the appropriate level and shall charge the reduced fees   during the subsequent fiscal year [biennium]. Each agency shall   give specific recognition to reductions in salary expenses   resulting from statutorily directed employee attrition.          SECTION 6.  Sections 316.092(b), (c), and (d), Government   Code, are amended to read as follows:          (b)  For the purposes of Section 49-g(c-2), Article III,   Texas Constitution, not later than December 1 of each   [even-numbered] year preceding the year in which this section   expires as provided by Subsection (e), the select committee shall   determine and adopt for the next state fiscal year [biennium] a   sufficient balance of the fund in an amount that the committee   estimates will ensure an appropriate amount of revenue available in   the fund. In determining the sufficient balance for that fiscal   year [biennium], the committee shall consider:                (1)  the history of fund balances;                (2)  the history of transfers to the fund;                (3)  estimated fund balances during that fiscal year   [biennium];                (4)  estimated transfers to the fund to occur during   that fiscal year [biennium];                (5)  information available to the committee regarding   state highway congestion and funding demands; and                (6)  any other information requested by the committee   regarding the state's financial condition.          (c)  On or before October 1 of each [even-numbered] year   preceding the year in which this section expires as provided by   Subsection (e), the comptroller shall provide to the select   committee the comptroller's projection of the amounts to be   transferred to the fund during the next state fiscal year   [biennium].          (d)  When the select committee has adopted under Subsection   (b) the amount of the sufficient balance of the fund for a state   fiscal year [biennium], the matter of approving that amount shall   be presented to each house of the legislature in a concurrent   resolution during the next succeeding [regular] legislative   session, other than a special session of the legislature. The   resolution must be presented for a vote in each house of the   legislature not later than the 30th day of that legislative   session, must be approved by a vote of a majority of the members of   each house, and must be finally approved by each house not later   than the 45th day of that legislative session. If a resolution   finally approved under this subsection is amended during the   legislative process to provide for a different sufficient balance   of the fund than that adopted under Subsection (b), that different   balance is the sufficient balance adopted under this section for   purposes of Section 316.093. If a resolution finally approved   under this subsection does not provide for a different sufficient   balance of the fund or if a resolution is not finally approved as   provided by this subsection, the sufficient balance adopted under   Subsection (b) is the sufficient balance adopted under this section   for purposes of Section 316.093.          SECTION 7.  Sections 316.093(c) and (e), Government Code,   are amended to read as follows:          (c)  If under Section 316.092 a sufficient balance has not   been adopted 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 provided by   Section 49-g(c), Article III, Texas Constitution, so that the total   of those amounts is 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 fiscal year [biennium] under   Section 49-g(g) of that article.          (e)  For the purposes of Section 49-g(c-2), Article III,   Texas Constitution, the comptroller shall adjust the allocation   provided by Section 49-g(c-1) of that article of amounts to be   transferred to the fund and to the state highway fund under Section   49-g(c) of that article in a state fiscal year beginning on or after   September 1, 2025, so that the total of those amounts is 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 fiscal year [biennium] under Section 49-g(g) of that   article.          SECTION 8.  Section 317.003(a), Government Code, is amended   to read as follows:          (a)  The governor or Legislative Budget Board may make a   proposal at any time except during a [regular or special] session of   the legislature. A proposal may apply to an appropriation that has   been made for any specified fiscal year that has not ended at the   time the proposal is made.          SECTION 9.  Sections 322.008(a), (c), and (d), Government   Code, are amended to read as follows:          (a)  The director, under the direction of the board, shall   prepare the general appropriations bill for introduction at each   regular and budget [legislative] session of the legislature.          (c)  Not later than the fifth day after a regular or budget    [legislative] session convenes, the director shall transmit a copy   of the budget of estimated appropriations prepared by the director   to the governor and each member of the legislature.          (d)  Not later than the seventh day after a regular or budget    [legislative] session convenes, the director shall transmit a copy   of the general appropriations bill to the governor and each member   of the legislature.          SECTION 10.  Chapter 322, Government Code, is amended by   adding Section 322.021 to read as follows:          Sec. 322.021.  STUDY TO IMPLEMENT ANNUAL BUDGET. (a)  The   board, with the assistance of the Texas Legislative Council, shall   examine the laws and operations of state government to determine   how the implementation of annual state budgets may affect those   laws and operations and shall adopt recommendations for legislative   and administrative action necessary to implement an annual budget   as effectively as practicable.          (b)  The board shall make its initial recommendations under   this section not later than November 1, 2018.          SECTION 11.  Section 403.121(a), Government Code, is amended   to read as follows:          (a)  In the statement required by Article III, Section 49a,   of the Texas Constitution the comptroller shall list outstanding   appropriations that may exist after the end of the current fiscal   year but may not deduct them from the cash condition of the treasury   or the anticipated revenues of the next fiscal year [biennium] for   the purpose of certification. The comptroller shall base the   reports, estimates, and certifications of available funds on the   actual or estimated cash condition of the treasury and shall   consider outstanding and undisbursed appropriations at the end of   each fiscal year [biennium] as probable disbursements of the   succeeding fiscal year [biennium] in the same manner that earned   but uncollected income of a current fiscal year [biennium] is   considered in probable receipts of the succeeding fiscal year    [biennium]. The comptroller shall consider as probable   disbursements warrants that will be issued by the state before the   end of the fiscal year.          SECTION 12.  The heading to Section 253.034, Election Code,   is amended to read as follows:          Sec. 253.034.  RESTRICTIONS ON CONTRIBUTIONS DURING AND   FOLLOWING REGULAR OR BUDGET [LEGISLATIVE] SESSION OF LEGISLATURE.          SECTION 13.  Section 253.034, Election Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsection (a-1)   to read as follows:          (a)  During the period beginning on the 30th day before the   date a regular [legislative] session of the legislature convenes   and continuing through the 20th day after the date of final   adjournment of that regular session, a person may not knowingly   make a political contribution to:                (1)  a statewide officeholder;                (2)  a member of the legislature; or                (3)  a specific-purpose committee for supporting,   opposing, or assisting a statewide officeholder or member of the   legislature.          (a-1)  During a budget session of the legislature, a person   may not knowingly make a political contribution to:                (1)  the governor or lieutenant governor;                (2)  a member of or a candidate for election to the   legislature; or                (3)  a specific-purpose committee for supporting,   opposing, or assisting the governor, the lieutenant governor, or a   member of or a candidate for election to the legislature.          (b)  A statewide officeholder, a member of or a candidate for   election to the legislature, or a specific-purpose committee for   supporting, opposing, or assisting a statewide officeholder or a    member of or candidate for election to the legislature may not   knowingly accept a political contribution, and shall refuse a   political contribution that is received, during an applicable [the]   period prescribed by Subsection (a) or (a-1).  A political   contribution that is received and refused during that period shall   be returned to the contributor not later than the 30th day after the   date of receipt.  A contribution made by United States mail or by   common or contract carrier is not considered received during a    [that] period if it was properly addressed and placed with postage   or carrier charges prepaid or prearranged in the mail or delivered   to the contract carrier before the beginning of the period.  The   date indicated by the post office cancellation mark or the common or   contract carrier documents is considered to be the date the   contribution was placed in the mail or delivered to the common or   contract carrier unless proven otherwise.          (c)  This section does not apply to a political contribution   that was made and accepted with the intent that it be used:                (1)  in an election held or ordered during a [the]   period prescribed by Subsection (a) or (a-1) in which the person   accepting the contribution is a candidate if the contribution was   made after the person appointed a campaign treasurer with the   appropriate authority and before the person was sworn in for that   office;                (2)  to defray expenses incurred in connection with an   election contest; or                (3)  by a person who holds a state office or a member of   the legislature or by a specific-purpose political committee that   supports or assists only that person or member if the contribution   was made during the period prescribed by Subsection (a) and the   person or member was defeated at the general election held   immediately before the regular session is convened [or by a   specific-purpose political committee that supports or assists only   that person or member].          SECTION 14.  The heading to Section 253.0341, Election Code,   is amended to read as follows:          Sec. 253.0341.  RESTRICTIONS ON CONTRIBUTIONS TO   LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR OR BUDGET   [LEGISLATIVE] SESSION OF LEGISLATURE.          SECTION 15.   Sections 253.0341(a) and (b), Election Code,   are amended to read as follows:          (a)  During the period beginning on the 30th day before the   date a regular [legislative] session of the legislature convenes   and continuing through the 20th day after the date of final   adjournment, or at any time during a budget session of the   legislature, a person not a member of the caucus may not knowingly   make a contribution to a legislative caucus.          (b)  A legislative caucus may not knowingly accept from a   nonmember a contribution, and shall refuse a contribution from a   nonmember that is received, during a [the] period prescribed by   Subsection (a).  A contribution that is received and refused during   a [that] period prescribed by Subsection (a) shall be returned to   the contributor not later than the 30th day after the date of   receipt.  A contribution made by United States mail or by common or   contract carrier is not considered received during a [that] period   if it was properly addressed and placed with postage or carrier   charges prepaid or prearranged in the mail or delivered to the   contract carrier before the beginning of the period.  The date   indicated by the post office cancellation mark or the common or   contract carrier documents is considered to be the date the   contribution was placed in the mail or delivered to the common or   contract carrier unless proven otherwise.          SECTION 16.  The changes in law made by this Act do not   affect the validity of an appropriation made before September 1,   2019, for any part of the two consecutive state fiscal years ending   August 31, 2021.          SECTION 17.  (a)  This Act takes effect as provided by   Subsection (b) of this section, but only if the constitutional   amendment proposed by the 85th Legislature, Regular Session, 2017,   providing for an annual state budget and annual legislative   sessions for budget purposes is approved by the voters. If that   proposed constitutional amendment is not approved by the voters,   this Act has no effect.          (b)  This section and Section 10 of this Act take effect   January 1, 2018. The other sections of this Act take effect   September 1, 2019.