GOVERNMENT CODE
CHAPTER 316. APPROPRIATIONS
SUBCHAPTER A. LIMIT ON GROWTH OF APPROPRIATIONS
§ 316.001. LIMIT. The rate of growth of appropriations
in a biennium from state tax revenues not dedicated by the
constitution may not exceed the estimated rate of growth of the
state's economy.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.002. DUTIES OF LEGISLATIVE BUDGET
BOARD. (a) Before the Legislative Budget Board submits the
budget as prescribed by Section 322.008(b), the board shall
establish:
(1) the estimated rate of growth of the state's economy
from the current biennium to the next biennium;
(2) the level of appropriations for the current
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 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
biennium by the estimated Texas total personal income for the
current biennium. Using standard statistical methods, the board
shall make the estimate by projecting through the biennium the
estimated Texas total personal income reported by the United States
Department of Commerce or its successor in function.
(c) If a more comprehensive definition of the rate of growth
of the state's economy is developed and is approved by the committee
established by Section 316.005, the board may use that definition
in calculating the limit on appropriations.
(d) To ensure compliance with Article VIII, Section 22, of
the Texas Constitution, the Legislative Budget Board may not
transmit in any form to the governor or the legislature the budget
as prescribed by Section 322.008(c) or the general appropriations
bill as prescribed by Section 322.008(d) until the limit on the rate
of growth of appropriations has been adopted as required by this
subchapter.
(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 biennium to the next 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
biennium.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 19.01, eff. Aug. 22,
1991.
§ 316.003. PUBLICATION. Before the Legislative Budget
Board approves the items of information required by Section
316.002, the board shall publish in the Texas Register the proposed
items of information and a description of the methodology and
sources used in the calculations.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.004. PUBLIC HEARING. Not later than December 1 of
each even-numbered year, the Legislative Budget Board shall hold a
public hearing to solicit testimony regarding the proposed items of
information and the methodology used in making the calculations
required by Section 316.002.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.005. ADOPTION BY COMMITTEE. (a) After the
Legislative Budget Board approves the items of information required
by Section 316.002, the board shall submit the information to a
committee composed of the governor, lieutenant governor, speaker of
the house of representatives, and comptroller of public accounts.
(b) Not later than the 10th day after the date on which the
board submits the items, the committee shall meet and finally adopt
the items, either as submitted by the board or as amended by the
committee.
(c) If the committee fails to act within the 10-day period
prescribed by Subsection (b), the items of information submitted by
the board are treated as if the committee had adopted them as
submitted.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.006. LIMIT ON BUDGET RECOMMENDATIONS. Unless
authorized by majority vote of the members of the board from each
house, the Legislative Budget Board budget recommendations
relating to the proposed appropriations of state tax revenues not
dedicated by the constitution may not exceed the limit adopted by
the committee under Section 316.005.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.007. TRANSMISSION OF RECOMMENDATIONS. (a) The
Legislative Budget Board shall include in its budget
recommendations the proposed limit of appropriations from state tax
revenues not dedicated by the constitution.
(b) The board shall transmit the recommendations to the
governor and to each member of the legislature.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.008. EFFECT OF LIMIT; ENFORCEMENT. (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 biennium made from
state tax revenues not dedicated by the constitution.
(b) The rules of the house of representatives and senate
shall provide for enforcement of Subsection (a).
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.009. SUBMISSION OF BILL BY GOVERNOR. The governor
may prepare a general appropriation bill and submit printed copies
of it to the lieutenant governor, speaker of the house of
representatives, and each member of the legislature. The bill must
be submitted not later than the 30th day of the legislature's
regular session, except that if a person is inaugurated as governor
who was not governor preceding the inauguration, the bill must be
submitted not later than the 20th day after the date of that
inauguration.
Added by Acts 1987, 70th Leg., ch. 147, § 2, eff. Sept. 1, 1987.
SUBCHAPTER B. REFERENCES TO GENERAL APPROPRIATIONS ACT
§ 316.011. LEGISLATIVE INTENT. It is the intent of the
legislature that references in law to a specific article of the
General Appropriations Act be by article title only.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.012. CONSTRUCTION OF REFERENCE. If a statute
enacted or last amended before 1982 refers by number to an article
of the General Appropriations Act, the reference means the article
of the current General Appropriations Act, regardless of numerical
designation, that corresponds in substance to the numerically cited
article as it existed on the date of the enactment or most recent
amendment of the statute.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. APPROPRIATIONS BILLS
§ 316.021. INTRODUCTION OF APPROPRIATIONS BILLS. The
lieutenant governor or the speaker of the house may cause the
general appropriations bills prepared by the governor and by the
director of the Legislative Budget Board to be introduced in the
senate and house, or any member of the legislature may introduce the
bills in the appropriate branch of the legislature.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.022. COMMITTEE HEARINGS. (a) Hearings on the
appropriations bills prepared by the director of the Legislative
Budget Board and by the governor shall be conducted by the House
Appropriations Committee and the Senate Finance Committee.
(b) The committees may begin preliminary hearings on the
budget after receiving the bill prepared by the director without
waiting for submission of the bill prepared by the governor.
(c) Each head of a government department, institution, or
other agency requesting an appropriation is entitled to appear
before either committee in behalf of the requested appropriation.
A state taxpayer is entitled to appear and to be heard at any
hearing on a proposed appropriation.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 316.023. AUTHORIZATION TO FIND FACT. The governor may
find any fact specified by the legislature in an appropriation Act
as a contingency for the expenditure of a designated item of
appropriation.
Added by Acts 1993, 73rd Leg., ch. 268, § 13, eff. Sept. 1, 1993.
§ 316.024. PROCEDURE FOR FINDING FACT. (a) The
governor shall make a finding of fact under Section 316.023 from the
evidence as it exists at the time of the determination.
(b) The governor shall make a finding of fact under Section
316.023 only after a public hearing, if such a hearing is required
in an appropriation Act.
(c) The governor shall file a decision, together with a
finding of fact made under Section 316.023, with the Legislative
Budget Board and the comptroller.
(d) The governor's certificate, under the seal of office,
stating the decision or finding is evidence of the decision or
finding.
(e) A decision or finding under Section 316.023 is final,
subject to judicial review by appropriate legal remedies.
Added by Acts 1993, 73rd Leg., ch. 268, § 13, eff. Sept. 1, 1993.
SUBCHAPTER D. APPROPRIATION OF UNOBLIGATED FUND BALANCES TO GENERAL
REVENUE FUND
§ 316.031. LEGISLATIVE FINDING AND INTENT. (a) The
legislature finds that, to ensure the efficient operation of state
agencies and to provide for the necessary costs of state government
operation, it is in the public interest to provide a means for
periodic legislative review and control of unobligated cash
balances and income held by state agencies in funds other than the
general revenue fund.
(b) It is the intent of the legislature that:
(1) funds with an unobligated balance at the end of a
fiscal year in excess of that amount necessary to fulfill an
agency's statutory duties shall be identified within the General
Appropriations Act by fund; and
(2) the amounts of unobligated actual or projected
balances held in those funds in excess of the amounts determined by
the legislature to be sufficient to fulfill statutory requirements
shall be appropriated to the general revenue fund.
(c) Any appropriation of fund balances made under this
subchapter is for the purpose of providing for the cost of operation
of state government. The amount of an unobligated fund balance to
be appropriated to the general revenue fund may be designated in the
General Appropriations Act as a sum certain or designated through
use of a formula or percentage.
Added by Acts 1987, 70th Leg., ch. 167, § 2.06(a), eff. Sept. 1,
1987.
§ 316.032. CONFLICTING LAWS SUSPENDED. (a) Any law
that provides specific purposes for which a fund or revenue source
may be used and expended and that restricts the use of revenues and
balances is suspended to the extent that it conflicts with the
provisions and intent of appropriations made under this subchapter
in the General Appropriations Act.
(b) If the General Appropriations Act does not provide for
the appropriation of unobligated fund balances to the general
revenue fund, any transfer or appropriation of fund balances shall
occur as specified by law.
Added by Acts 1987, 70th Leg., ch. 167, § 2.06(a), eff. Sept. 1,
1987.
§ 316.033. FUNDS EXCLUDED. This subchapter applies to
funds established by state law, but does not apply to any portion of
a fund derived from constitutionally dedicated revenues or to funds
or fund balances that are:
(1) dedicated by the Texas Constitution;
(2) held in trust or escrow for the benefit of any
person or entity other than a state agency;
(3) pledged to the payment of bonds, notes, or other
debts;
(4) derived from gifts, donations, or endowments made
to state agencies or institutions of higher education;
(5) pledged to the capital trust fund to be used for
construction; or
(6) maintained by institutions of higher education,
including the Texas State Technical College System.
Added by Acts 1987, 70th Leg., ch. 167, § 2.06(a), eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 1104, § 5, eff. June
16, 1989; Acts 1991, 72nd Leg., ch. 287, § 30, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 165, § 30.188, eff. Sept. 1,
1997.
SUBCHAPTER E. ADJUSTMENT OF STATE FEES IN GENERAL APPROPRIATIONS
ACT
§ 316.041. LEGISLATIVE FINDING AND INTENT. (a) The
legislature finds that, to ensure the efficient operation of state
agencies and institutions of higher education and to allow for the
assessment of fees adequate to reimburse the state for the costs of
state services and regulatory functions, it is in the public
interest to provide for the adjustment of state fees by the
legislature in the General Appropriations Act. It is the intent of
the legislature that fees be adjusted biennially in the General
Appropriations Act in a manner that provides for the recovery of any
increased costs to the state resulting from the performance of
services and functions for which a fee is levied. It is the intent
of the legislature that, to the extent that senate and house rules
allow, each substantive committee shall retain jurisdiction over
any adjustment in fees as part of the appropriations process.
(b) Any increase in the amount of a fee made under this
subchapter is for the purpose of recovering, on an annual basis, the
costs to the state agency or institution of higher education
increasing the fee. Where fee amounts are increased on a percentage
basis, fee amounts may be rounded to the nearest whole dollar.
Added by Acts 1987, 70th Leg., ch. 167, § 2.07(a), eff. Sept. 1,
1987.
§ 316.042. APPLICATION OF SUBCHAPTER. (a) This
subchapter applies to all fees not set by the Texas Constitution,
but does not apply to fees that are dedicated to pay bonded
indebtedness.
(b) The General Appropriations Act may not specify the
amount of a fee unless imposition of that fee is authorized by
general law.
(c) This subchapter does not apply to tuition charged by
institutions of higher education.
Added by Acts 1987, 70th Leg., ch. 167, § 2.07(a), eff. Sept. 1,
1987.
§ 316.043. AMOUNT OF FEE. (a) The amount of a fee
covered by this subchapter is the amount specified for that fee in
the General Appropriations Act. Fee adjustments authorized through
the General Appropriations Act are only for the purpose of
offsetting inflation.
(b) A law that specifies the amount of a fee subject to this
subchapter is suspended to the extent that it conflicts with the
amount of the fee specified in the General Appropriations Act.
(c) If the General Appropriations Act does not specify the
amount of the fee, the fee is the amount specified by law.
(d) If a board of regents has the authority to establish a
fee that falls within a statutory range, the amounts set under this
subchapter constitute only the maximum amount for those fees.
Added by Acts 1987, 70th Leg., ch. 167, § 2.07(a), eff. Sept. 1,
1987.
§ 316.044. HEARINGS ON FEE INCREASES AT INSTITUTIONS OF
HIGHER EDUCATION. Fees at institutions of higher education may not
be increased unless a public hearing is held on the increase.
Added by Acts 1987, 70th Leg., ch. 167, § 2.07(a), eff. Sept. 1,
1987.
§ 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 a biennial
basis. The agency shall review the fees before the beginning of
each state fiscal 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 biennium. Each agency shall give specific
recognition to reductions in salary expenses resulting from
statutorily directed employee attrition.
Added by Acts 1987, 70th Leg., ch. 167, § 2.07(a), eff. Sept. 1,
1987.
SUBCHAPTER G. FISCAL YEAR
§ 316.071. FISCAL YEAR; APPROPRIATIONS. (a) The
state fiscal year ends on August 31 of each year.
(b) Appropriations of state government shall conform to
this fiscal year.
Added by Acts 1993, 73rd Leg., ch. 268, § 14, eff. Sept. 1, 1993.
§ 316.072. REPORTS; CLOSURE OF ACCOUNTS. (a) All
officers required by law to report annually or biennially to the
legislature or governor shall close their accounts at the end of the
fiscal year.
(b) As soon as practicable after the end of the fiscal year,
the officers shall prepare and compile their respective reports.
Added by Acts 1993, 73rd Leg., ch. 268, § 14, eff. Sept. 1, 1993.
