THE TEXAS CONSTITUTION

ARTICLE 3. LEGISLATIVE DEPARTMENT

REQUIREMENTS AND LIMITATIONS

Sec. 49a.  FINANCIAL STATEMENTS AND REVENUE ESTIMATE BY COMPTROLLER OF PUBLIC ACCOUNTS; LIMITATION OF APPROPRIATIONS AND CERTIFICATION OF BILLS CONTAINING APPROPRIATIONS.  (a)  It shall be the duty of the Comptroller of Public Accounts in advance of each Regular Session of the Legislature to prepare and submit to the Governor and to the Legislature upon its convening a statement under oath showing fully the financial condition of the State Treasury at the close of the last fiscal period and an estimate of the probable receipts and disbursements for the then current fiscal year.  There shall also be contained in said statement an itemized estimate of the anticipated revenue based on the laws then in effect that will be received by and for the State from all sources showing the fund accounts to be credited during the succeeding biennium and said statement shall contain such other information as may be required by law.  Supplemental statements shall be submitted at any Special Session of the Legislature and at such other times as may be necessary to show probable changes.
(b)  Except in the case of emergency and imperative public necessity and with a four-fifths vote of the total membership of each House, no appropriation in excess of the cash and anticipated revenue of the funds from which such appropriation is to be made shall be valid.  No bill containing an appropriation shall be considered as passed or be sent to the Governor for consideration until and unless the Comptroller of Public Accounts endorses his certificate thereon showing that the amount appropriated is within the amount estimated to be available in the affected funds.  When the Comptroller finds an appropriation bill exceeds the estimated revenue he shall endorse such finding thereon and return to the House in which same originated.  Such information shall be immediately made known to both the House of Representatives and the Senate and the necessary steps shall be taken to bring such appropriation to within the revenue, either by providing additional revenue or reducing the appropriation.  
(Added Nov. 3, 1942; amended Nov. 2, 1999.)  (TEMPORARY TRANSITION PROVISIONS for Sec. 49a: See Appendix, Note 1.)