CHAPTER 317. STATE BUDGET EXECUTION

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GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE B. LEGISLATION

CHAPTER 317. STATE BUDGET EXECUTION

SUBCHAPTER A. REGULAR APPROPRIATIONS

Sec. 317.001. DEFINITIONS. In this subchapter:

(1) "Appropriation" means a grant of money made by the

legislature for a purpose other than the payment of a judgment or

a preexisting debt incurred by the state.

(2) "State agency" means a public entity in the executive,

judicial, or legislative branch of state government eligible

under law to receive an appropriation.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1989, 71st Leg., ch. 786, Sec. 3, eff. Sept. 1, 1989.

Sec. 317.002. TYPES OF PROPOSALS TO AFFECT APPROPRIATIONS. (a)

The governor or Legislative Budget Board may propose that a state

agency be prohibited from spending, obligating the expenditure

of, or distributing part or all of an appropriation made to the

agency unless the amount is reappropriated by the legislature or

is released, or expenditures are approved, as provided in the

proposal.

(b) After finding that an emergency exists, the governor or

Legislative Budget Board may propose that the authority to spend,

obligate the expenditure of, or distribute part or all of an

appropriation made to a state agency:

(1) be transferred to another state agency to be used for a

specified purpose; or

(2) be retained by the agency to which the appropriation was

made but used for a purpose different from or additional to the

purpose for which the appropriation was made.

change in the time that an appropriation is distributed or

otherwise made available to a state agency, whether the time of

distribution or availability is set by appropriations act or

general law.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.01, eff. Aug.

22, 1991.

Sec. 317.003. TIME AND SCOPE OF PROPOSAL. (a) The governor or

Legislative Budget Board may make a proposal at any time except

during a regular or special session of the legislature. A

proposal may apply to an appropriation that has been made for any

specified fiscal year that has not ended at the time the proposal

is made.

(b) Except as provided by Section 317.005(f), a proposal may

provide for the withholding of appropriations made from funds

dedicated by statute to a specific state agency or for a specific

purpose and may provide for the transfer of appropriations made

from statutorily dedicated funds to an agency or for a purpose

not authorized by the statute. Funds dedicated by the Texas

Constitution are subject to being withheld under this chapter but

are not subject to transfer except to another state agency

entitled to receive appropriations from the funds under the terms

of the constitution. Federal funds appropriated by the

legislature are subject to being withheld under this chapter but

may not be transferred except as permitted by federal law.

any authority to control expenditures of state agencies that is

granted the governor under other law.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.02, 18.03, eff.

Aug. 22, 1991.

Sec. 317.004. PUBLICATION OF PROPOSAL. The entity making a

proposal shall specify the details of the proposal, including,

for a proposal made under Section 317.002(b), a statement

describing the emergency. The entity making a proposal shall

direct the secretary of state to publish each proposal, including

any accompanying statements, in the Texas Register.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.04, eff. Aug.

22, 1991.

Sec. 317.005. ACTION ON PROPOSAL. (a) After a governor's

proposal under this chapter is published in the Texas Register,

the Legislative Budget Board may conduct a public hearing on the

proposal. The board shall give notice of a hearing under this

section in the manner provided by law for notice of regular

meetings of the board. The board also shall provide notice by

mail of its meetings to each member of the Legislature. The

notice of the meeting must include a description of the nature of

the proposal or order to be considered. If the agenda includes a

public hearing on a proposal, the notice must so state.

After a hearing and at a meeting held not less than 10 days after

the date notice of the meeting was given in the manner provided

for regular board meetings, in response to a governor's proposal

the board, subject to the restrictions provided by Subsection

(e), may:

(1) ratify the proposal by adopting an order changing the

relevant appropriation in the manner specified in the proposal;

(2) reject the proposal; or

(3) recommend changes in the proposal.

(b) In response to a proposal by the board, the governor may

take any action specified by Subsection (a) for board action on a

governor's proposal.

recommendations for a change in:

(1) the proposed amount of money withheld or transferred;

(2) the proposed purpose for which the appropriation may be

used;

(3) the proposed period for which an appropriation may not be

expended, obligated, or distributed;

(4) the source or recipient of a proposed transfer; or

(5) a proposed time of distribution or availability of the

appropriation that is the subject of the proposal.

(d) If the governor or the board recommends a change in a

proposal by the other entity, the recommending entity may adopt a

contingent order changing the relevant appropriation in the

manner specified in the recommendations.

(e) Neither the governor nor the board may adopt an order under

this section:

(1) expressly postponing the time, whether set by appropriations

act or general law, that an appropriation is distributed or

otherwise made available to a state agency, for a period that

exceeds 180 days;

(2) reducing or eliminating an appropriation for the salary of

an elected state official or a member of a board or commission

appointed by the governor; or

(3) reducing or eliminating an appropriation to a state agency

that receives appropriations under the article of the General

Appropriations Act that makes appropriations to the legislative

branch.

(f) The governor or board may adopt an order under this section

withholding or transferring any portion of the total amount

appropriated to finance the foundation school program for a

fiscal year. The governor or board may not adopt such an order if

it would result in an allocation of money between particular

programs or statutory allotments under the foundation school

program contrary to the statutory proration formula provided by

Section 42.253(h), Education Code. The governor or board may

transfer an amount to the total amount appropriated to finance

the foundation school program for a fiscal year and may increase

the basic allotment. The governor or board may adjust allocations

of amounts between particular programs or statutory allotments

under the foundation school program only for the purpose of

conforming the allocations to actual pupil enrollments or

attendance.

(g) The affirmative vote of a majority of the members of the

board from each house is necessary for the adoption of an order

by the board under this section.

(h) If either the governor or the board adopts an order under

this section, the entity adopting the order shall notify the

proposing entity, the comptroller, and the affected state

agencies. Unless the order is a contingent order, the entity

adopting the order shall file a copy of the order with the

secretary of state for publication in the Texas Register.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1989, 71st Leg., ch. 785, Sec. 2.01, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.04, eff. Aug. 22,

1991; Acts 1993, 73rd Leg., ch. 347, Sec. 4.03, eff. May 31,

1993; Acts 1997, 75th Leg., ch. 165, Sec. 6.11, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.02, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.02, eff. Sept. 1,

1999.

Sec. 317.006. ACTION ON CONTINGENT ORDER. The governor or board

shall approve or reject each contingent order adopted under

Section 317.005(d) by the other entity. The governor or board

shall notify the other entity, the comptroller, and the affected

state agencies of the approval or rejection and shall direct the

secretary of state to publish notice of the action in the Texas

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.04, eff. Aug.

22, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 8.03, eff. Sept.

1, 1997.

Sec. 317.007. EXPIRATION OF PROPOSAL OR CONTINGENT ORDER. A

proposal made by the governor or board under this chapter expires

if the other entity does not adopt an order ratifying or changing

the proposal before the 31st day after the date the proposal is

published in the Texas Register. A contingent order adopted by

the governor or board under this chapter expires if the other

entity does not approve the order before the 31st day after the

date the proposal on which the order is based is published in the

Texas Register. A proposal or contingent order of either entity

also expires if a regular or special session of the legislature

begins before, respectively, the other entity has ratified the

proposal or has approved the contingent order.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.04, eff. Aug.

22, 1991.

Sec. 317.008. EFFECTIVE AND EXPIRATION DATES OF ORDER. (a) An

order adopted by the governor or the Legislative Budget Board

under this chapter, other than a contingent order adopted under

Section 317.005(d), takes effect on the date of adoption, unless

the order specifies a later date. A contingent order adopted

under Section 317.005(d) and approved under this chapter takes

effect on the date of approval, unless the order specifies a

later date.

(b) An order adopted under this chapter expires at the end of

the fiscal year to which by its terms it applies, except that an

order may specify an earlier expiration date or a later date that

does not extend beyond the end of the biennium containing each

fiscal year to which the order applies.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 18.05, eff. Aug.

22, 1991.

Sec. 317.009. ENFORCEMENT OF ORDER. During the period for which

an order adopted under this chapter is effective, in regard to

affected appropriations the comptroller may approve vouchers and

may issue warrants only in accordance with the terms of the

order.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1. Amended

by Acts 1997, 75th Leg., ch. 1423, Sec. 8.04, eff. Sept. 1, 1997.

Sec. 317.010. EFFECT ON UNEXPENDED BALANCES. Appropriations

withheld under an order adopted and in effect under this chapter

are not available for expenditure by a state agency in the second

year of a biennium as unexpended balances from the preceding

year's appropriation, unless the money is released as provided in

the order, the order expires, or the money is reappropriated by

the legislature.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.

Sec. 317.011. SUPERSESSION OF ORDER. An unexpired order adopted

under this chapter may be superseded by subsequent action of the

governor and the Legislative Budget Board taken as provided by

this chapter, by enactment of a law to the contrary by the

legislature, or by adoption of a constitutional amendment having

contradictory effect.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 26, Sec. 1.

SUBCHAPTER B. CONTINGENT APPROPRIATIONS FOR COMPUTER EQUIPMENT

Sec. 317.050. DEFINITIONS. In this subchapter:

(1) "Computer equipment" includes computers, telecommunications

devices and systems, automated information systems, and the

peripheral devices and hardware, software, and services that are

necessary to the efficient installation and operation of that

equipment.

(2) "Board" means the Legislative Budget Board.

Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1,

1989.

Sec. 317.051. AUTHORITY TO MAKE CONTINGENT APPROPRIATIONS. The

legislature may appropriate money to a state agency on a

contingency basis for the purpose of purchasing computer

equipment. The only money that the legislature may appropriate

under this subchapter consists of the proceeds from the issuance

of obligations by the Texas Public Finance Authority.

Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1,

1989.

Sec. 317.052. EFFECTIVENESS OF A CONTINGENT APPROPRIATION. (a)

Before a contingent appropriation for computer equipment may

become effective, a state agency must submit an application to

the board for review and approval. A state agency shall send a

copy of the application to the governor and the comptroller. The

board may determine the format and timing of and the method for

submitting the application.

(b) After receiving an application, the board may hold a public

hearing on the application.

the application shows to the satisfaction of the board that:

(1) the necessity of the computer equipment was reasonably

unforeseen when the current General Appropriations Act was being

considered and passed, or that sufficient appropriations to

purchase the equipment were inadvertently or erroneously omitted

from that Act;

(2) the applicant's current appropriations are inadequate or

unavailable to purchase the equipment;

(3) the applicant has obtained the approvals required by law;

and

(4) the applicant will not be required to make any payments

during the current biennium on the interest and principal of the

obligations issued by the Texas Public Finance Authority.

Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1,

1989.

Sec. 317.053. NOTIFICATION OF LEGISLATIVE BUDGET BOARD'S

DECISION. (a) The board shall notify the comptroller, the

governor, and the applying state agency in writing of the board's

decision about an application.

(b) If the board approves the application, then the contingent

appropriation becomes effective on the date that the comptroller

receives the notification.

Added by Acts 1989, 71st Leg., ch. 786, Sec. 4, eff. Sept. 1,

1989.

State Codes and Statutes

State Codes and Statutes

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