Legislative library home page
Legislative Reference Library of Texas
your partner in legislative research
Legislative Reference Library of Texas
your partner in legislative research

Skip to main content

FAQs about the Economic Stabilization ("Rainy Day") Fund

The Rainy Day Fund has been a topic of much discussion recently. In this post, you'll find answers to frequently asked questions. 

When was the Economic Stabilization Fund created?

The constitutional amendment establishing the fund, HJR 2, 70th R.S. 1987, was approved by Texas voters on November 8, 1988. The following two analyses were prepared by the legislature to explain the amendment:

House Research Organization Constitutional Amendment Analysis: Amendment No. 2 (HJR 2) Economic Stabilization ("Rainy Day") Fund

Texas Legislative Council Analysis of Proposed Constitutional Amendments: Analysis of Amendment No. 2

How much money does the fund have? 

The net cash balance of the Economic Stabilization Fund is provided in the Texas Comptroller's Texas Annual Cash Report. In Fiscal Year 2010, 0599 Economic Stabilization Fund had a net cash balance of $7,692,582,232.16.   

The amount in the Economic Stabilization Fund is capped at 10 percent of the total deposits made in the previous biennium to General Revenue (GR) excluding investment income, interest income, and amounts borrowed from special funds. (Texas Constitution Art. 3, Sec. 49-g)

Has the Legislature ever spent money from the fund?

Yes, money has been appropriated from the fund. The two most recent appropriations from the fund were made in 2003 and 2005 by the 78th and 79th Legislatures. Detailed information on appropriations to and from the fund through the end of the 78th Legislature can be found in the Interim Report of the Senate Finance Committee to the 79th Legislature.

During the 79th Legislature in 2005, HB 10, 79th R.S. appropriated money from the fund for a number of purposes. The following summary is from page 15 of the House Research Organization's report Writing the State Budget:

"The supplemental appropriations bill enacted by the 79th Legislature in 2005, HB 10 by Pitts, appropriated approximately $1.1 billion from the Rainy Day Fund for fiscal 2005 and a further $872 million for fiscal 2006-07. This $1.9 billion, along with other funds, was used to finance appropriations in HB 10 for a number of budget areas, including Child Protective Services, Medicaid, CHIP, and public education."

Which bills have appropriated money from the Economic Stabilization Fund?

As of 2011, the following bills have appropriated money from the Economic Stabilization Fund:

SB 11, 71st 6th C.S. (1990)

SB 171, 73rd R.S. (1993)

SB 532, 73rd R.S. (1993)

HB 7, 78th R.S. (2003)

HB 10, 79th R.S. (2005)

A three-fifths vote in both chambers is required to appropriate money from the fund (Texas Constitution Art. 3, Sec. 49-g).

What was the economic situation in Texas when the Economic Stabilization Fund was created? 

In the mid-1980s, Texas experienced a severe economic crisis. In 1984, against a backdrop of declining tax revenues, the 68th 2nd C.S. passed a major package of tax increases. Two reports by the House Research Organization provide information on these increases:

Special Legislative Report: the June 1984 Session: a Preview

 Special Legislative Report: Key Issues of the June 1984 Special Session

The following session, the revenue continued to be lower than expected, causing problems for the State. The passage below comes from House Research Organization's Special Legislative Report: the August 1986 Special Session: a Preview

"In November 1985, the price of oil stood at $28 per barrel. By the beginning of this year, increased production by oil-producing countries, especially Saudi Arabia, started a steep price decline that turned into a freefall. In January, prices fell $5 in one week. By March, the price was $12 per barrel.… The state has reached the point that by December 1986 … it may not have sufficient cash available to cover its warrants."

The Governor called the 69th 2nd C. S. and 69th 3rd C. S. to deal with the shortfall. By the end of the 69th 3rd C.S., the Legislature had enacted both spending cuts and tax increases. A report by the House Research Organization provides detailed descriptions of both the cuts and the tax increases. Budget problems continued, and though the Legislature did not pass a General Appropriations Act during the 70th R.S. (one was eventually passed by the 70th 2nd C.S.), they did pass the Rainy Day Fund amendment to help the state weather troubled economic conditions in the future.

 

Week in Review

  • Read about how health reform has changed CHIP and Medicaid eligibility levels for children and non-disabled adults. (Kaiser Commission on Medicaid and the Uninsured, February 16, 2011)
  • See trends in health statistics in Health, United States, 2010. (Centers for Disease Control and Prevention, February 16, 2011)
  • Consider how some states are resisting school funding cuts. (Stateline, February 18, 2011)
  • Note that Arizona is cutting Medicaid services. (The New York Times, February 16, 2011)
  • Examine how pensions affect state borrowing costs. (Center for Retirement Research at Boston College, February 2011)
  • Find broadband in your area. (National Telecommunications and Information Administration & Federal Communications Commission, February 17, 2011)
  • Consider the lethal injection drug shortage. (Capitol Ideas, January/February 2011)

Legislative Deadlines

The Texas Legislature meets in regular session for 140 days every other year. 

To keep the legislative process moving smoothly, the House and Senate rules include a series of deadlines.

Friday, March 11 is the 60th calendar day of the session.  This is the deadline for free introduction of bills and joint resolutions, other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor. 

May includes so many dates of interest that the Texas Legislative Council has prepared a calendar showing deadlines for action under the House and Senate Rules.

Other significant dates can be found on the Legislative Council's Dates of Interest page.

Week in Review

  • See how job seekers with varying levels of education are faring in today's employment market. (Gallup, February 14, 2011)
  • Determine the effectiveness of border control measures at the U.S.–Mexico border. (U.S. Government Accountability Office, February 15, 2011)
  • Review federal programs and operations at "high risk" for waste, fraud, abuse, and mismanagement. (U.S. Government Accountability Office, February 16, 2011)
  • Find public place smoking bans for 2011. (Kaiser Family Foundation / statehealthfacts.org, January 2011)
  • Check out the fiscal year 2012 federal budget. (Office of Management and Budget, February 14, 2011)

Interim Reports

In the past week, we have received reports from the following committees:

Senate Committee on Administration
House Committee on Agriculture and Livestock
Joint Committee on Oversight of Bexar Metropolitan Water District
House Committee on Border and Intergovernmental Affairs
House Committee on Energy Resources
Senate Committee on Finance
House Select Committee on Government Efficiency and Accountability

Looking for another report?  The LRL's Legislative Reports database contains interim committee charges, reports, and other substantive legislative studies published in the House and Senate Journals back to 1846. You may search by committee list, committee name, charge text, or subject.

Week in Review

  • See how some states are considering the managed care route to cut costs for Medicaid. (Stateline, February 4, 2011)
  • Examine state by state 2008 participation rates in the supplemental nutritional assistance program. (Mathematica Policy Research, December 2010)
  • Review the cost of fruits and vegetables. (U.S. Department of Agriculture, Economic Research Service, February 2011)
  • Find out what makes young Americans employable, and what challenges young Americans must overcome to gain employment in the 21st century. (Pathways to Prosperity Project, Harvard Graduate School of Education, February 2011)
  • Consider offshore wind as a viable energy source for the U.S. (U.S. Department of Energy, February 2011)

Speaker Straus Announces House Committee Assignments

Speaker of the House Joe Straus today announced House committees assignments and recognized Rep. Tom Craddick as Dean of the House

Lt. Gov. Dewhurst Requests Joint Hearings to Investigate Statewide Rolling Blackouts

Lt. Governor David Dewhurst issued a letter Tuesday requesting joint hearings of the Senate Business and Commerce and Senate Natural Resources Committees to investigate last week's statewide rolling blackouts.

Week in Review

  • Explore the experiences Americans with disabilities have had with technology and the Internet. (Pew Research Center’s Internet & American Life Project, January 21, 2011)
  • See state and national trends for the unauthorized immigrant population. (Pew Hispanic Center, February 1, 2011)
  • Read the Financial Crisis Inquiry Commission's report on the causes of the financial crisis. (Financial Crisis Inquiry Commission, January 27, 2011)
  • Note that diabetes is on the rise, and millions of Americans are diabetic or are pre-diabetic. (Centers for Disease Control and Prevention, January 26, 2011)
  • Find updated dietary guidelines that emphasize the value of a diet rich in whole grains, fruits and vegetables, and lean protein. (U.S. Department of Agriculture and U.S. Department of Health and Human Services, December 2010) 

Bills in the News: Synthetic Cannabinoids

The street names vary: K2, Spice, Genie, fake marijuana. The chemical compositions vary as well, making synthetic cannabinoids dangerous for users because they don't know what mixture of chemicals and herbs comprise what is sold over the counter.
 
Regardless of their name or composition, synthetic cannabinoids are catching the attention of legislators across the country. National Conference of State Legislatures provides recently updated information on legislation related to synthetic cannabinoids.
 
Health Day provides an article and a brief video about K2 and the threat it poses to users.
 
"Texas lawmakers move to ban synthetic marijuana," an Associated Press article carried by the El Paso Times, explores legislation that seeks to ban chemicals that mimic THC.
 
"Texas lawmakers consider possible ban on forms of synthetic marijuana," from the Longview News-Journal, explains that municipal bans of synthetic cannabinoids already in effect haven't stopped some teenagers from experimenting with K2.
 
Synthetic cannabinoids have also been addressed by the federal government, in a Drug Alert Watch from the U.S. Department of Justice and in a press release from November 2010, by the U.S. Drug Enforcement Administration.
 
Find bills filed during the 82nd Regular Session by searching "Synthetic Cannabinoids" on the Texas Legislature Online.  
 
K2 isn't the only substance sold over the counter that people are using for marijuana- or cocaine-like highs. Although they are not synthetic cannabinoids, Salvia divinorum and some products sold as "bath salts" are catching the attention of law enforcement agencies and lawmakers.
 
To date, HB470, HB1011, and SB348, relating to Salvia divinorum, have been filed during the 82nd Regular Session. National Conference of State Legislatures provides a list of state laws on Salvia divinorum.
 
The Washington Post reports "Officials fear bath salts becoming the next big drug menace." Bath salts have also caught the attention of the federal government, and are explained in a recent Drug Alert Watch from the U.S. Department of Justice.