C.L.O.U.T files lawsuit in Texas District Court

CLOUT - a citizens based Tax advocacy group has filed alawsuit in Travis counties State district court against the Texas Legislature and others. Among those listed in the suit are the following

DAVID DEWHURST - Lt Governor of Texas (R)
TOM CRADDICK - Speaker of Texas House of Representatives (R)
CAROLE KEETON STRAYHORN - Comptroller of Texas ( R/I)
STATE OF TEXAS - Legislature
THE TEXAS LEGISLATIVE BUDGET BOARD - Group of including those listed above.

The basic premise of the suit is that the Legislature and all of those that are involved in the formation of the state budget have been in violation of the state constitution since 1984

Plaintiffs are taxpayers and this suit seeks declaratory relief to stop and prevent unconstitutional and illegal spending by the Texas State government. Standing is particularly clear here because of the gravity of the injury to taxpayers caused by excessive spending. From 1984 to 2000 alone, excessive spending – the spending increases beyond the growth in the gross state product – have cost Texas families an average of $26,800. (See Exhibit A, Hartman, David, Restraining Growth of Texas State Government Spending, Lone Star Foundation, October 8, 2000.)

FACTS
13. Article VIII, Sec. 22 of the Texas Constitution provides:

(a) In no biennium shall the rate of growth of appropriations from state tax revenues not dedicated by this constitution exceed the estimated rate of growth of the state’s economy. The legislature shall provide by general law procedures to implement this subsection.

(b) If the legislature by adoption of a resolution approved by a record vote of a majority of the members of each house finds that an emergency exists and identifies the nature of the emergency, the legislature may provide for appropriations in excess of the amount authorized by Subsection (a) of this section. The excess authorized under this subsection may not exceed the amount specified in the resolution.

(c) In no case shall appropriations exceed revenues as provided in Article III, Section 49a, of this constitution. Nothing in this section shall be construed to alter, amend, or repeal Article III, Section 49a, of this constitution. (Added Nov. 7, 1978.)
14. Texas Government Code Section 316.001 similarly provides:
The rate of growth of appropriations in a biennium from state tax revenues not dedicated by the constitution may not exceed the estimated rate of growth of the state’s economy.

This will be an interesting lawsuit to follow. More info will be here as comes available or on Lonestartimes