CHAPTER 317. STATE BUDGET EXECUTION
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.
(c) The governor or Legislative Budget Board may propose a
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.
(c) The governor's authority to make proposals is independent of
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.
(c) A recommended change in a proposal may include
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
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; 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.
(c) After the hearing, if any, the board shall determine whether
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.