Texas Constitution:Article III, Section 49-a and Texas Constitution:Article III, Section 5: Difference between pages

From TLG
(Difference between pages)
Jump to navigation Jump to search
imported>Admin
No edit summary
 
imported>Admin
No edit summary
 
Line 1: Line 1:
{{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:
{{DISPLAYTITLE:Article III, Section 5 of the Texas Constitution (''<small>"Meetings; Order of Business"</small>'')}}{{Texas Constitution|text=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.'''
'''(a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.'''


'''(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.'''
'''(b) When convened in regular session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.'''
 
'''(c) Notwithstanding Subsection (b), either House may determine its order of business by an affirmative vote of four-fifths of its membership.'''


|editor=
|editor=


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."
Note that Article III, Section [[Texas Constitution:Article III, Section 24|24]] limits regular sessions to 140 days and Article III, Section [[Texas Constitution:Article III, Section 40|40]] limits special sessions called by the Governor to 30 days.


|other=
|other=
Line 19: Line 21:
|historic=
|historic=


None.
* ''Walker v. Baker'', 196 S.W.2d 324, [https://texaslegalguide.com/images/196_S.W.2d_324.pdf#page=6 329-30] (Tex. 1946) ("Again, if the Senate has the power to convene at will, as relator claims, it has the power to have as many sessions as it elects; in fact, it could remain in continuous session for the purpose of passing on the Governor's appointments; but a member could not collect any pay for his attendance, because he would not be attending a session of the Legislature. . . . Construing the applicable constitutional provisions together, we have decided that they furnish no warrant for the Senate to convene of its own motion to pass on the Governor's appointments.")


}}
}}


[[Category:Texas Constitution|Article III, Section 49-a]]
[[Category:TxCon ArtIII Sec]]
[[Category:TxCon ArtIII Sec]]

Revision as of 08:42, December 31, 2022

As amended November 2, 1999:

(a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.

(b) When convened in regular session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.

(c) Notwithstanding Subsection (b), either House may determine its order of business by an affirmative vote of four-fifths of its membership.

Editor Comments

Note that Article III, Section 24 limits regular sessions to 140 days and Article III, Section 40 limits special sessions called by the Governor to 30 days.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Walker v. Baker, 196 S.W.2d 324, 329-30 (Tex. 1946) ("Again, if the Senate has the power to convene at will, as relator claims, it has the power to have as many sessions as it elects; in fact, it could remain in continuous session for the purpose of passing on the Governor's appointments; but a member could not collect any pay for his attendance, because he would not be attending a session of the Legislature. . . . Construing the applicable constitutional provisions together, we have decided that they furnish no warrant for the Senate to convene of its own motion to pass on the Governor's appointments.")

Library Resources

Online Resources