AUSTIN A key Texas senator says the state may have to consider a constitutional amendment to return to the old franchise tax if lawmakers can't fix their massive budget problems.

Sen. Steve Ogden is chairman of the Senate Finance Committee. He says state law now requires spending more money in some areas than the state is allowed to collect. He calls that situation unstable and a big problem for the foreseeable future.

Lawmakers revamped the state business tax in 2006 at the same time they moved to cut property taxes. Experts say that left the state with a structural shortfall of about $10 billion every two years.

Senate lawmakers are reviewing the House version of the next state budget that cuts about $23 billion, including deep cuts to education.