GOVERNMENT CODE
CHAPTER 317. STATE BUDGET EXECUTION
SUBCHAPTER A. REGULAR APPROPRIATIONS
§ 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, § 1. Amended by
Acts 1989, 71st Leg., ch. 786, § 3, eff. Sept. 1, 1989.
§ 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, § 1. Amended by
Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 18.01, eff. Aug. 22,
1991.
§ 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, § 1. Amended by
Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 18.02, 18.03, eff. Aug.
22, 1991.
§ 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, § 1. Amended by
Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 18.04, eff. Aug. 22,
1991.
§ 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, § 1. Amended by
Acts 1989, 71st Leg., ch. 785, § 2.01, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., 1st C.S., ch. 4, § 18.04, eff. Aug. 22, 1991;
Acts 1993, 73rd Leg., ch. 347, § 4.03, eff. May 31, 1993; Acts
1997, 75th Leg., ch. 165, § 6.11, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1423, § 8.02, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 62, § 8.02, eff. Sept. 1, 1999.
§ 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, § 1. Amended by
Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 18.04, eff. Aug. 22,
1991; Acts 1997, 75th Leg., ch. 1423, § 8.03, eff. Sept. 1,
1997.
§ 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, § 1. Amended by
Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 18.04, eff. Aug. 22,
1991.
§ 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, § 1. Amended by
Acts 1991, 72nd Leg., 1st C.S., ch. 4, § 18.05, eff. Aug. 22,
1991.
§ 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, § 1. Amended by
Acts 1997, 75th Leg., ch. 1423, § 8.04, eff. Sept. 1, 1997.
§ 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, § 1.
§ 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, § 1.
SUBCHAPTER B. CONTINGENT APPROPRIATIONS FOR COMPUTER EQUIPMENT
§ 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, § 4, eff. Sept. 1, 1989.
§ 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, § 4, eff. Sept. 1, 1989.
§ 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, § 4, eff. Sept. 1, 1989.
§ 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, § 4, eff. Sept. 1, 1989.
