Rule 7.19. Appropriation bills; one-time money or federal disaster funds for recurring
expenses; vote requirement
A.(1) The provisions of this Subparagraph shall apply to each appropriation bill
which appropriates one-time money or federal disaster funds for ordinary recurring expenses
except as otherwise provided in Paragraph C.
(a) No motion the effect of which is to finally pass an appropriation bill that
appropriates one-time money or federal disaster funds for ordinary recurring expenses shall
be in order unless immediately prior to such a motion a separate motion to authorize the use
of one-time money or federal disaster funds for ordinary recurring expenses is adopted by a
favorable vote of at least two-thirds of the members present and voting.
(b) The provisions of Subsubparagraph (a) of this Paragraph shall not be applicable
to the General Appropriation Bill. If the General Appropriation Bill appropriates one-time
money or federal disaster funds for ordinary recurring expenses, no motion to resolve into
the Committee of the Whole to hear the General Appropriation Bill shall be in order, unless
immediately prior to such a motion a separate motion to authorize the use of one-time money
or federal disaster funds for ordinary recurring expenses is adopted by a favorable vote of at
least two-thirds of the members present and voting. No motion to concur in an amendment
to the General Appropriation Bill which appropriates one-time money or federal disaster
funds for ordinary recurring expenses shall be in order, unless immediately prior to such a
motion a separate motion to authorize the use of one-time money or federal disaster funds
for ordinary recurring expenses is adopted by a favorable vote of at least two-thirds of the
members present and voting. No motion to adopt a conference committee report on the
General Appropriation Bill which appropriates one-time money or federal disaster funds for
ordinary recurring expenses shall be in order, unless immediately prior to such a motion a
separate motion to authorize the use of one-time money or federal disaster funds for ordinary
recurring expenses is adopted by a favorable vote of at least two-thirds of the members
present and voting.
(2) The adoption of any Committee of the Whole House Amendment or any floor
amendment which proposes to appropriate one-time money or federal disaster funds for
ordinary recurring expenses shall require the favorable vote of at least two-thirds of the
members present and voting.
B. For purposes of this Rule, the following phrases shall have the following
meanings:
(1) "Federal disaster funds" means money received by the state from the federal
government in response to and for recovery from a federally declared disaster or emergency.
(2) "Money available for appropriation" means the amount of money to be received
for a fiscal year by the state general fund and dedicated funds, exclusive of federal funds.
(3) "One-time money" means any one of the following:
(a) Money available for appropriation from any special treasury fund excluding any
monies forecast to be dedicated into such a fund by the Revenue Estimating Conference in
the official forecast for that fiscal year.
(b) Money available for appropriation from the state general fund from one time
transactions, but not recognized as nonrecurring revenue by the Revenue Estimating
Conference, including but not limited to court settlements, the sale of state facilities, and the
privatization of state operations.
(4) "Ordinary recurring expenses" means all expenses of a continuing or recurring
character, that in the normal course of administration, would be expected to be necessary in
approximately the same amounts each year.
C.(1) A motion the effect of which is to finally pass an appropriation bill that
appropriates one-time money for ordinary recurring expenses shall be in order without a
separate prior motion authorizing the use of such money if:
(a) The total recommended general operating appropriations contained in the
executive budget for the fiscal year for which the appropriation is recommended are less than
or equal to the total general operating appropriations for the existing operating budget of the
current fiscal year included in the executive budget; and
(b) Appropriations from one-time money for ordinary recurring expenses do not
exceed the projected growth of the state general fund from the fiscal year for which the
appropriation is proposed and the subsequent fiscal year according to the most recent official
forecast.
(2) A motion the effect of which is to finally pass an appropriation bill that
appropriates federal disaster funds for ordinary recurring expenses shall be in order without
a separate prior motion authorizing the use of such money if:
(a) Ordinary recurring expenses are not increased above amounts budgeted
immediately prior to the federal declaration of the disaster or emergency.
(b) The federal disaster funds are payable to the state on a reimbursement basis.
(c) The Revenue Estimating Conference adopts a revised forecast that indicates that
ordinary recurring revenues are sufficient to fully fund any increase in ordinary recurring
expenses for the current fiscal year and at least the next two fiscal years.
D.(1) Prior to consideration on third reading and final passage of any appropriation
bill, the Legislative Fiscal Officer shall submit a report to the House of Representatives
which shall indicate whether the appropriation bill appropriates one-time money or federal
disaster funds for ordinary recurring expenses. No appropriation bill shall be considered
unless the report of the Legislative Fiscal Officer has been placed on the desk of each
member.
(2)(a) Prior to the adoption of any Committee of the Whole House Amendment, any
floor amendment, and any conference committee report to an appropriation bill, the
presiding officer, after giving due consideration to the advice of legislative staff, shall make
a determination if the amendment or any amendment recommended by the conference
committee, as the case may be, appropriates one-time money or federal disaster funds for
ordinary recurring expenses.
(b) Prior to concurrence in an amendment to an appropriation bill, the presiding
officer, after giving due consideration to the advice of legislative staff, shall make a
determination if the amendment appropriates one-time money or federal disaster funds for
ordinary recurring expenses.
HR 27, 2011, eff. May 23, 2011; HR 17, 2022, eff. May 31, 2022.