Texas Constitution:Article III, Section 49-p and Texas Constitution:Article III, Section 49-a: Difference between pages

Revision as of 10:06, January 6, 2023

As amended November 2, 1999:

(a) It shall be the duty of the Comptroller of Public Accounts in advance of each regular session of the Legislature to prepare and submit to the Governor and to the Legislature upon its convening a statement under oath showing fully the financial condition of the state treasury at the close of the last fiscal period and an estimate of the probable receipts and disbursements for the then current fiscal year. There shall also be contained in said statement an itemized estimate of the anticipated revenue based on the laws then in effect that will be received by and for the State from all sources showing the fund accounts to be credited during the succeeding biennium and said statement shall contain such other information as may be required by law. Supplemental statements shall be submitted at any special session of the Legislature and at such other times as may be necessary to show probable changes.

(b) Except in the case of emergency and imperative public necessity and with a four-fifths vote of the total membership of each House, no appropriation in excess of the cash and anticipated revenue of the funds from which such appropriation is to be made shall be valid. No bill containing an appropriation shall be considered as passed or be sent to the Governor for consideration until and unless the Comptroller of Public Accounts endorses his certificate thereon showing that the amount appropriated is within the amount estimated to be available in the affected funds. When the Comptroller finds an appropriation bill exceeds the estimated revenue he shall endorse such finding thereon and return to the House in which same originated. Such information shall be immediately made known to both the House of Representatives and the Senate and the necessary steps shall be taken to bring such appropriation to within the revenue, either by providing additional revenue or reducing the appropriation.

Editor Comments

Note that the Texas Attorney General, in Tex. Att'y Gen. Op. GA-54 (2003), opined that: "In order to appropriate funds that exceed the amount of cash and anticipated revenue certified by the Comptroller of Public Accounts [under the Texas "pay-as-you-go" amendment], an appropriation bill must state the legislature's finding that an 'emergency or imperative public necessity' exists, and the bill must then be enacted by a four-fifths vote of the full membership of each House of the legislature."

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

@@ Line 1: / Line 1: @@
-{{DISPLAYTITLE:Article III, Section 49-p of the Texas Constitution (''<small>"General Obligation Bonds for Highway Improvements"</small>'')}}{{Texas Constitution|text=Added November 6, 2007:
+{{DISPLAYTITLE:Article III, Section 49a of the Texas Constitution (''<small>"Revenue Estimate by Comptroller; Appropriations Limitation"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:
-'''(a) To provide funding for highway improvement projects, the Legislature by general law may authorize the Texas Transportation Commission or its successor to issue general obligation bonds of the State of Texas in an aggregate amount not to exceed $5 billion and enter into related credit agreements. The bonds shall be executed in the form, on the terms, and in the denominations, bear interest, and be issued in installments as prescribed by the Texas Transportation Commission or its successor.'''
+'''(a) It shall be the duty of the Comptroller of Public Accounts in advance of each regular session of the Legislature to prepare and submit to the Governor and to the Legislature upon its convening a statement under oath showing fully the financial condition of the state treasury at the close of the last fiscal period and an estimate of the probable receipts and disbursements for the then current fiscal year. There shall also be contained in said statement an itemized estimate of the anticipated revenue based on the laws then in effect that will be received by and for the State from all sources showing the fund accounts to be credited during the succeeding biennium and said statement shall contain such other information as may be required by law. Supplemental statements shall be submitted at any special session of the Legislature and at such other times as may be necessary to show probable changes.'''
-'''(b) A portion of the proceeds from the sale of the bonds and a portion of the interest earned on the bonds may be used to pay: (1) the costs of administering projects authorized under this section; (2) the cost or expense of the issuance of the bonds; and (3) all or part of a payment owed or to be owed under a credit agreement.'''
+'''(b) Except in the case of emergency and imperative public necessity and with a four-fifths vote of the total membership of each House, no appropriation in excess of the cash and anticipated revenue of the funds from which such appropriation is to be made shall be valid. No bill containing an appropriation shall be considered as passed or be sent to the Governor for consideration until and unless the Comptroller of Public Accounts endorses his certificate thereon showing that the amount appropriated is within the amount estimated to be available in the affected funds. When the Comptroller finds an appropriation bill exceeds the estimated revenue he shall endorse such finding thereon and return to the House in which same originated. Such information shall be immediately made known to both the House of Representatives and the Senate and the necessary steps shall be taken to bring such appropriation to within the revenue, either by providing additional revenue or reducing the appropriation.'''
-'''(c) The 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 each fiscal year, not otherwise appropriated by this constitution, an amount sufficient to pay the principal of and interest on the bonds that mature or become due during the fiscal year, including an amount sufficient to make payments under a related credit agreement.'''
-'''(d) Bonds issued under this section, after approval by the Attorney General, registration by the Comptroller of Public Accounts, and delivery to the purchasers, are incontestable and are general obligations of the State of Texas under this constitution.'''
 |editor=
-None.
+Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2003/ga0054.pdf#page=6 GA-54] (2003), opined that: "In order to appropriate funds that exceed the amount of cash and anticipated revenue certified by the Comptroller of Public Accounts [under the Texas "pay-as-you-go" amendment], an appropriation bill must state the legislature's finding that an 'emergency or imperative public necessity' exists, and the bill must then be enacted by a four-fifths vote of the full membership of each House of the legislature."
 |other=
@@ Line 27: / Line 23: @@
 }}
+[[Category:Texas Constitution|Article III, Section 49-a]]
 [[Category:TxCon ArtIII Sec]]