Texas Constitution:Article III, Section 49-i and Texas Constitution:Article III, Section 49-j: Difference between pages

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{{DISPLAYTITLE:Article III, Section 49-i of the Texas Constitution (''<small>"Texas Agricultural Fund; Rural Microenterprise Development Fund"</small>'')}}{{Texas Constitution|text=Added November 7, 1989:
{{DISPLAYTITLE:Article III, Section 49-j of the Texas Constitution (''<small>"Limit on State Debt Payable from General Revenue Fund"</small>'')}}{{Texas Constitution|text=Added November 4, 1997:


'''(a) The Legislature by law may provide for the issuance of general obligation bonds of the State for the purpose of providing money to establish a Texas Agricultural Fund in the State Treasury to be used without further appropriation in the manner provided by law and for the purpose of providing money to establish a Rural Microenterprise Development Fund in the State Treasury to be used without further appropriation in the manner provided by law. The Texas Agricultural Fund shall be used only to provide financial assistance to develop, increase, improve, or expand the production, processing, marketing, or export of crops or products grown or produced primarily in this State by agricultural businesses domiciled in the state. The Rural Microenterprise Development Fund shall be used only in furtherance of a program established by the Legislature to foster and stimulate the creation and expansion of small businesses in rural areas. The financial assistance offered by both funds may include loan guarantees, insurance, coinsurance, loans, and indirect loans or purchases or acceptances of assignments of loans or other obligations.'''
'''(a) The Legislature may not authorize additional state debt if the resulting annual debt service exceeds the limitation imposed by this section. The maximum annual debt service in any fiscal year on state debt payable from the General Revenue Fund may not exceed five percent of an amount equal to the average of the amount of general revenue fund revenues, excluding revenues constitutionally dedicated for purposes other than payment of state debt, for the three preceding fiscal years.'''


'''(b) The principal amount of bonds outstanding at one time may not exceed $25 million for the Texas Agricultural Fund and $5 million for the Rural Microenterprise Development Fund.'''
'''(b) For purposes of this section, "state debt payable from the General Revenue Fund" means general obligation and revenue bonds, including authorized but unissued bonds, and lease-purchase agreements in an amount greater than $250,000, which bonds or lease purchase agreements are designed to be repaid with the general revenues of the state. The term does not include bonds that, although backed by the full faith or credit of the state, are reasonably expected to be paid from other revenue sources and that are not expected to create a general revenue draw. Bonds or lease purchase agreements that pledge the full faith and credit of the state are considered to be reasonably expected to be paid from other revenue sources if they are designed to receive revenues other than state general revenues sufficient to cover their debt service over the life of the bonds or agreement. If those bonds or agreements, or any portion of the bonds or agreements, subsequently requires use of the state's general revenue for payment, the bonds or agreements, or portion of the bonds or agreements, is considered to be a "state debt payable from the General Revenue Fund" under this section, until: (1) the bonds or agreements are backed by insurance or another form of guarantee that ensures payment from a source other than general revenue; or (2) the issuer demonstrates to the satisfaction of the Bond Review Board or its successor designated by law that the bonds no longer require payment from general revenue, and the Bond Review Board so certifies to the Legislative Budget Board or its successor designated by law.'''
 
'''(c) The Legislature may establish an interest and sinking account and other accounts within the Texas Agricultural Fund and within the Rural Microenterprise Development Fund. The Legislature may provide for the investment of bond proceeds and of the interest and sinking accounts. Income from the investment of money in the funds that is not immediately committed to the payment of the principal of and interest on the bonds or the provision of financial assistance shall be used to create new employment and business opportunities in the State through the diversification and expansion of agricultural or rural small businesses, as provided by the Legislature.'''
 
'''(d) Bonds authorized under this section constitute a general obligation of the State. While any of the bonds or interest on the bonds is outstanding and unpaid, there is appropriated out of the first money coming into the Treasury in each fiscal year, not otherwise appropriated by this constitution, the amount sufficient to pay the principal of and interest on the bonds that mature or become due during the fiscal year, less any amounts in the interest and sinking accounts at the close of the preceding fiscal year that are pledged to payment of the bonds or interest.'''


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|seo_title=Article III, Section 49-i of the Texas Constitution ("Texas Agricultural Fund; Rural Microenterprise Development Fund")
|seo_title=Article III, Section 49-j of the Texas Constitution ("Limit on State Debt Payable from General Revenue Fund")
|seo_keywords=Article 3 Section 49-i, agricultural fund, microenterprise fund
|seo_keywords=Article 3 Section 49-j, state bonds, debt limit
|seo_description=This section creates both the Texas Agricultural Fund and the Rural Microenterprise Development Fund.
|seo_description=The Legislature may not authorize additional debt if the resulting debt service exceeds this section's limit.
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
|seo_image_alt=Article III: Legislative Department
|seo_image_alt=Article III: Legislative Department

Revision as of 11:51, August 9, 2023

Added November 4, 1997:

(a) The Legislature may not authorize additional state debt if the resulting annual debt service exceeds the limitation imposed by this section. The maximum annual debt service in any fiscal year on state debt payable from the General Revenue Fund may not exceed five percent of an amount equal to the average of the amount of general revenue fund revenues, excluding revenues constitutionally dedicated for purposes other than payment of state debt, for the three preceding fiscal years.

(b) For purposes of this section, "state debt payable from the General Revenue Fund" means general obligation and revenue bonds, including authorized but unissued bonds, and lease-purchase agreements in an amount greater than $250,000, which bonds or lease purchase agreements are designed to be repaid with the general revenues of the state. The term does not include bonds that, although backed by the full faith or credit of the state, are reasonably expected to be paid from other revenue sources and that are not expected to create a general revenue draw. Bonds or lease purchase agreements that pledge the full faith and credit of the state are considered to be reasonably expected to be paid from other revenue sources if they are designed to receive revenues other than state general revenues sufficient to cover their debt service over the life of the bonds or agreement. If those bonds or agreements, or any portion of the bonds or agreements, subsequently requires use of the state's general revenue for payment, the bonds or agreements, or portion of the bonds or agreements, is considered to be a "state debt payable from the General Revenue Fund" under this section, until: (1) the bonds or agreements are backed by insurance or another form of guarantee that ensures payment from a source other than general revenue; or (2) the issuer demonstrates to the satisfaction of the Bond Review Board or its successor designated by law that the bonds no longer require payment from general revenue, and the Bond Review Board so certifies to the Legislative Budget Board or its successor designated by law.

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Attorney Steve Smith

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