| 1 | 1 | | By: Williams, Birdwell, Hancock S.J.R. No. 55 |
|---|
| 2 | 2 | | (In the Senate - Filed March 8, 2013; March 18, 2013, read |
|---|
| 3 | 3 | | first time and referred to Committee on Finance; April 9, 2013, |
|---|
| 4 | 4 | | reported adversely, with favorable Committee Substitute by the |
|---|
| 5 | 5 | | following vote: Yeas 10, Nays 3; April 9, 2013, sent to printer.) |
|---|
| 6 | 6 | | COMMITTEE SUBSTITUTE FOR S.J.R. No. 55 By: Williams |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | SENATE JOINT RESOLUTION |
|---|
| 10 | 10 | | proposing a constitutional amendment appropriating money from the |
|---|
| 11 | 11 | | system benefit fund for the purpose of returning system benefit |
|---|
| 12 | 12 | | fund fees to retail electric customers. |
|---|
| 13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Article VIII, Texas Constitution, is amended by |
|---|
| 15 | 15 | | adding Section 30 to read as follows: |
|---|
| 16 | 16 | | Sec. 30. (a) On November 10, 2013, 90 percent of the |
|---|
| 17 | 17 | | unobligated and otherwise unappropriated balance of the system |
|---|
| 18 | 18 | | benefit fund account in the general revenue fund is appropriated to |
|---|
| 19 | 19 | | the comptroller for the purpose of returning the appropriated money |
|---|
| 20 | 20 | | to retail electric customers in the manner provided by general law. |
|---|
| 21 | 21 | | The appropriation made by this subsection is not considered an |
|---|
| 22 | 22 | | appropriation of state tax revenues for purposes of Section 22 of |
|---|
| 23 | 23 | | this article. |
|---|
| 24 | 24 | | (b) On the date specified by Subsection (a) of this section, |
|---|
| 25 | 25 | | the comptroller shall transfer the amount appropriated by that |
|---|
| 26 | 26 | | subsection from the system benefit fund account in the general |
|---|
| 27 | 27 | | revenue fund into a special fund in the state treasury outside of |
|---|
| 28 | 28 | | the general revenue fund. The comptroller shall retain the balance |
|---|
| 29 | 29 | | in that special fund and without further appropriation shall |
|---|
| 30 | 30 | | disburse the money to retail electric customers as directed under |
|---|
| 31 | 31 | | general law. The comptroller shall credit to the special fund all |
|---|
| 32 | 32 | | interest or other earnings on the balance of the special fund. |
|---|
| 33 | 33 | | (c) Money authorized to be spent out of the system benefit |
|---|
| 34 | 34 | | fund account by an appropriation that is made by law before November |
|---|
| 35 | 35 | | 10, 2013, may be spent as provided by general law and in accordance |
|---|
| 36 | 36 | | with that appropriation. |
|---|
| 37 | 37 | | (d) The legislature by general law shall provide for the |
|---|
| 38 | 38 | | Public Utility Commission of Texas to direct the comptroller to |
|---|
| 39 | 39 | | disburse the money appropriated by Subsection (a) of this section |
|---|
| 40 | 40 | | to retail electric customers beginning as soon as practicable, with |
|---|
| 41 | 41 | | the entire balance of the appropriated money disbursed before |
|---|
| 42 | 42 | | September 1, 2014. |
|---|
| 43 | 43 | | (e) This section expires January 1, 2016. |
|---|
| 44 | 44 | | SECTION 2. This proposed constitutional amendment shall be |
|---|
| 45 | 45 | | submitted to the voters at an election to be held November 5, 2013. |
|---|
| 46 | 46 | | The ballot shall be printed to provide for voting for or against the |
|---|
| 47 | 47 | | proposition: "The constitutional amendment appropriating the |
|---|
| 48 | 48 | | system benefit fund for the purpose of returning system benefit |
|---|
| 49 | 49 | | fund fees to retail electric customers." |
|---|
| 50 | 50 | | * * * * * |
|---|