83R11554 JJT-D
By: Williams S.J.R. No. 55
A JOINT RESOLUTION
proposing a constitutional amendment appropriating the system
benefit fund for the purpose of returning system benefit fund fees
to retail electric customers.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
adding Section 30 to read as follows:
Sec. 30. (a) On January 1, 2014, the unobligated and
otherwise unappropriated balance of the system benefit fund account
in the general revenue fund is appropriated to the comptroller for
the purpose of returning the appropriated money to retail electric
customers in the manner provided by general law. The appropriation
made by this subsection is not considered an appropriation of state
tax revenues for purposes of Section 22 of this article.
(b) On the date specified by Subsection (a) of this section,
the comptroller shall transfer the unobligated and otherwise
unappropriated balance of the system benefit fund account from the
general revenue fund into a special fund outside of the general
revenue fund. The comptroller shall retain the balance in that
special fund and without further appropriation shall disburse the
money to retail electric customers as directed under general law.
The comptroller shall credit to the special fund all interest or
other earnings on the balance of the special fund.
(c) Money authorized to be spent out of the system benefit
fund account by an appropriation that is made by law before January
1, 2014, may be spent as provided by general law and in accordance
with that appropriation. The comptroller shall transfer to the
special fund described by Subsection (b) of this section the
unexpended and unobligated balance of the appropriated money that
remains at the time the appropriation expires and without further
appropriation shall disburse the money to retail electric customers
as directed under general law.
(d) The legislature by general law shall provide for the
Public Utility Commission of Texas to direct the comptroller to
disburse the money appropriated by Subsection (a) of this section
to retail electric customers beginning not earlier than September
1, 2015, with the entire balance of the money disbursed before
January 1, 2019.
(e) This section expires January 1, 2021.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment appropriating the
system benefit fund for the purpose of returning system benefit
fund fees to retail electric customers."