CHAPTER 316. APPROPRIATIONS

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GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE B. LEGISLATION

CHAPTER 316. APPROPRIATIONS

SUBCHAPTER A. LIMIT ON GROWTH OF APPROPRIATIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 19.01,

eff. Aug. 22, 1991.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 2, eff. Sept. 1,

1987.

SUBCHAPTER B. REFERENCES TO GENERAL APPROPRIATIONS ACT

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER C. APPROPRIATIONS BILLS

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 13, eff. Sept. 1,

1993.

Sec. 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.

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, Sec. 13, eff. Sept. 1,

1993.

SUBCHAPTER D. APPROPRIATION OF UNOBLIGATED FUND BALANCES TO

GENERAL REVENUE FUND

Sec. 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.

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, Sec. 2.06(a), eff. Sept.

1, 1987.

Sec. 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, Sec. 2.06(a), eff. Sept.

1, 1987.

Sec. 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, Sec. 2.06(a), eff. Sept.

1, 1987. Amended by Acts 1989, 71st Leg., ch. 1104, Sec. 5, eff.

June 16, 1989; Acts 1991, 72nd Leg., ch. 287, Sec. 30, eff. Sept.

1, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 30.188, eff. Sept.

1, 1997.

SUBCHAPTER E. ADJUSTMENT OF STATE FEES IN GENERAL APPROPRIATIONS

ACT

Sec. 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, Sec. 2.07(a), eff. Sept.

1, 1987.

Sec. 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.

institutions of higher education.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.07(a), eff. Sept.

1, 1987.

Sec. 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.

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, Sec. 2.07(a), eff. Sept.

1, 1987.

Sec. 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, Sec. 2.07(a), eff. Sept.

1, 1987.

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 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, Sec. 2.07(a), eff. Sept.

1, 1987.

SUBCHAPTER G. FISCAL YEAR

Sec. 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, Sec. 14, eff. Sept. 1,

1993.

Sec. 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, Sec. 14, eff. Sept. 1,

1993.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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