By: Williams, et al. S.J.R. No. 55
SENATE JOINT RESOLUTION
proposing a constitutional amendment appropriating money from 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 November 10, 2013, 90 percent of 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 amount appropriated by that
subsection from the system benefit fund account in the general
revenue fund into a special fund in the state treasury 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 November
10, 2013, may be spent as provided by general law and in accordance
with that appropriation.
(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 as soon as practicable, with
the entire balance of the appropriated money disbursed before
September 1, 2014.
(e) This section expires January 1, 2016.
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 as provided by the Texas
Legislature."