2005 Texas Government Code CHAPTER 316. APPROPRIATIONS

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.