HBA-EDN C.S.H.J.R 75 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R 75
By: Mowery
Constitutional Revision, Select
4/8/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Constitution contains provisions which are obsolete, archaic,
redundant, and unnecessary. Numerous duplicate, executed, and archaic
clauses could be repealed or amended without changing the substance of the
document.  Reformatting the constitution to consolidate duplicate
provisions and to delete language that has become outdated will make the
document less complex and easier to understand.  As proposed, C.S.H.J.R. 75
requires the submission to the voters of a constitutional amendment
providing for the reformatting of the constitution to address these needs.

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.J.R. 75 amends the Texas Constitution to eliminate obsolete, archaic,
redundant, and unnecessary provisions and to clarify, update, and
consolidate certain other provisions.  The resolution repeals provisions
relating to the creation of permanent accounts for property previously set
aside for the benefit of the Lunatic, Blind, Deaf and Dumb, and Orphan
Asylums (SECTION 4.03). C.S.H.J.R. 75 requires as soon as practicable after
those provisions are repealed that all land and other property previously
set apart in permanent accounts under those provisions to be sold by the
General Land Office and the proceeds to be deposited to the credit of the
general revenue fund.  The resolution also requires all money remaining in
such permanent funds to be transferred to the general revenue fund on that
date and for all outstanding income accrued to the benefit of those
permanent funds before that date that are collected after that date and
before this provision expires to be deposited to the credit of the general
revenue fund.  This temporary provision expires January 1, 2005  (SECTION
4.02).  The resolution also creates a temporary provision to provide that
the reenactment of any provision for the purposes of amendment does not
revive a provision that may have been impliedly repealed by the adoption of
a later amendment and that the amendment of any provision does not affect
vested rights (SECTION 9.01).   

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.J.R. 75 modifies the original by requiring all property, money, and
interest remaining in permanent funds previously set aside for the benefit
of the Lunatic, Blind, Deaf and Dumb, and Orphan Asylums to be transferred
to the general revenue fund, rather than to the permanent school fund.  The
substitute changes the expiration date for this temporary provision from
January 1, 2003 to January 1, 2005.