TX
Texas House Bill HB2154

Texas 2019 - 86th Regular

Texas House Bill HB2154 Compare Versions

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1-86R26964 CJC-D
2- By: Landgraf, Craddick, Nevárez, Paddie, H.B. No. 2154
3- King of Uvalde, et al.
4- Substitute the following for H.B. No. 2154:
5- By: Capriglione C.S.H.B. No. 2154
1+86R11489 CJC-D
2+ By: Landgraf H.B. No. 2154
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
10- relating to a commission to study the needs of areas of the state
11- significantly affected by oil and gas production.
7+ relating to the allocation of certain constitutional transfers of
8+ money to the economic stabilization fund, the state highway fund,
9+ and the generate recurring oil wealth for Texas (GROW Texas) fund
10+ and to the permissible uses of money deposited to the generate
11+ recurring oil wealth for Texas (GROW Texas) fund.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. (a) In this section, "commission" means the
14- generate recurring oil wealth for Texas (GROW Texas) study
15- commission.
16- (b) The generate recurring oil wealth for Texas (GROW Texas)
17- study commission is established to study the needs of areas of the
18- state significantly affected by oil and gas production, including
19- infrastructure, safety, and educational needs, and to make
20- recommendations to the legislature regarding the appropriation of
21- money in the generate recurring oil wealth for Texas (GROW Texas)
22- fund created under Section 49-g-3, Article III, Texas Constitution.
23- (c) The commission is composed of seven members, consisting
24- of the following:
25- (1) three members appointed by the governor;
26- (2) two members appointed by the lieutenant governor;
27- and
28- (3) two members appointed by the speaker of the house
29- of representatives.
30- (d) The members appointed by the governor must reside in
31- areas of the state from which oil and gas are produced and include
32- at least:
33- (1) one person who is a member of the business
34- community; and
35- (2) one person who is a member of the civic community.
36- (e) At least one member appointed by the lieutenant governor
37- and one member appointed by the speaker of the house of
38- representatives must represent an area of the state from which oil
39- and gas are produced.
40- (f) In making appointments under this section, the
41- governor, lieutenant governor, and speaker of the house of
42- representatives shall coordinate to ensure that the membership of
43- the commission reflects, to the extent possible, the ethnic and
44- geographic diversity of the state.
45- (g) The governor shall designate the presiding officer of
46- the commission.
47- (h) A member of the commission is not entitled to
48- compensation for service on the commission but is entitled to
49- reimbursement for actual and necessary expenses incurred in
50- performing commission duties.
51- (i) The commission shall develop recommendations under this
52- section to address issues related to:
53- (1) the specific needs of areas of the state from which
54- oil and gas are produced, including:
55- (A) needs relating to infrastructure degradation
56- caused by oil and gas production activities;
57- (B) increased public health and safety needs; and
58- (C) educational and workforce training needs;
59- and
60- (2) the costs to political subdivisions to address the
61- needs identified under Subdivision (1) of this subsection.
62- (j) Not later than December 31, 2020, the commission shall
63- prepare and deliver a report to the governor and the legislature
64- that recommends statutory changes to address the needs of areas of
65- the state significantly affected by oil and gas production and the
66- appropriation of state funds dedicated for those purposes.
67- (k) The commission may hold public meetings as needed to
68- fulfill its duties under this section.
69- (l) The commission is subject to Chapters 551 and 552,
70- Government Code.
71- (m) The commission is abolished and this section expires
72- February 1, 2021.
73- SECTION 2. Not later than the 30th day after the effective
74- date of this Act, the appropriate persons shall make the
75- appointments and designation required by this Act.
76- SECTION 3. This Act takes effect January 1, 2020, but only
13+ SECTION 1. Sections 316.092(a), (b), and (c), Government
14+ Code, are amended to read as follows:
15+ (a) Not later than September 1 of each even-numbered year
16+ [preceding the year in which this section expires as provided by
17+ Subsection (e)], the speaker of the house of representatives and
18+ the lieutenant governor shall appoint a select committee as
19+ follows:
20+ (1) the speaker of the house of representatives shall
21+ appoint five members of the house of representatives as members of
22+ the committee; and
23+ (2) the lieutenant governor shall appoint five members
24+ of the senate as members of the committee.
25+ (b) For the purposes of Section 49-g(c-2), Article III,
26+ Texas Constitution, not later than December 1 of each even-numbered
27+ year [preceding the year in which this section expires as provided
28+ by Subsection (e)], the select committee shall determine and adopt
29+ for the next state fiscal biennium a sufficient balance of the fund
30+ in an amount that the committee estimates will ensure an
31+ appropriate amount of revenue available in the fund. In
32+ determining the sufficient balance for that fiscal biennium, the
33+ committee shall consider:
34+ (1) the history of fund balances;
35+ (2) the history of transfers to the fund;
36+ (3) estimated fund balances during that fiscal
37+ biennium;
38+ (4) estimated transfers to the fund to occur during
39+ that fiscal biennium;
40+ (5) information available to the committee regarding
41+ state highway congestion and funding demands; and
42+ (6) any other information requested by the committee
43+ regarding the state's financial condition.
44+ (c) On or before October 1 of each even-numbered year
45+ [preceding the year in which this section expires as provided by
46+ Subsection (e)], the comptroller shall provide to the select
47+ committee the comptroller's projection of the amounts to be
48+ transferred to the fund during the next state fiscal biennium.
49+ SECTION 2. The heading to Section 316.093, Government Code,
50+ is amended to read as follows:
51+ Sec. 316.093. ADJUSTMENT OF CERTAIN CONSTITUTIONAL
52+ ALLOCATIONS BETWEEN [TO] FUND AND OTHER FUNDS [STATE HIGHWAY FUND].
53+ SECTION 3. Sections 316.093(b), (c), and (e), Government
54+ Code, are amended to read as follows:
55+ (b) If the sum described by Subsection (a) is less than the
56+ sufficient balance adopted under Section 316.092, the comptroller
57+ shall reduce proportionately the allocations [allocation] to the
58+ state highway fund and the generate recurring oil wealth for Texas
59+ (GROW Texas) fund provided by Section 49-g(c-1) [49-g(c)], Article
60+ III, Texas Constitution, and increase the allocation to the
61+ economic stabilization fund[,] in an [equal] amount equal to the
62+ reduction of those allocations[,] until the sufficient balance
63+ adopted under Section 316.092 is achieved.
64+ (c) If under Section 316.092 a sufficient balance has not
65+ been adopted for the comptroller to consider under this section,
66+ the comptroller shall adjust the allocation of amounts to be
67+ transferred to the fund, [and to] the state highway fund, and the
68+ generate recurring oil wealth for Texas (GROW Texas) fund as
69+ provided by Section 49-g(c-1) [49-g(c)], Article III, Texas
70+ Constitution, so that the total of those amounts is transferred to
71+ the economic stabilization fund, except that the comptroller shall
72+ reduce a transfer made under this subsection as necessary to
73+ prevent the amount in the fund from exceeding the limit in effect
74+ for that biennium under Section 49-g(g) of that article.
75+ (e) For the purposes of Section 49-g(c-2), Article III,
76+ Texas Constitution, the comptroller shall adjust the allocation
77+ provided by Section 49-g(c-1) of that article so that the amount
78+ allocated for transfer [of amounts to be transferred to the fund
79+ and] to the state highway fund under Section 49-g(c-1) [49-g(c)] of
80+ that article in a state fiscal year beginning on or after September
81+ 1, 2025, [so that the total of those amounts] is instead transferred
82+ to the economic stabilization fund, except that the comptroller
83+ shall reduce a transfer made under this subsection as necessary to
84+ prevent the amount in the fund from exceeding the limit in effect
85+ for that biennium under Section 49-g(g) of that article. The
86+ adjustment required of the comptroller under this subsection does
87+ not increase the amount allocated for transfer to the generate
88+ recurring oil wealth for Texas (GROW Texas) fund under Section
89+ 49-g(c-1) of that article.
90+ SECTION 4. Subchapter G, Chapter 403, Government Code, is
91+ amended by adding Section 403.1081 to read as follows:
92+ Sec. 403.1081. GENERATE RECURRING OIL WEALTH FOR TEXAS
93+ (GROW TEXAS) FUND; GRANT PROGRAM. (a) In this section, "fund"
94+ means the generate recurring oil wealth for Texas (GROW Texas) fund
95+ under Section 49-g-3, Article III, Texas Constitution.
96+ (b) Money in the fund may be appropriated by the legislature
97+ only as provided under Subsections (c), (d), and (e).
98+ (c) The legislature may appropriate money in the fund to the
99+ Texas Department of Transportation for the purposes of
100+ constructing, reconstructing, or maintaining transportation
101+ infrastructure, including roads, bridges, and culverts, in areas of
102+ this state affected by increased oil and gas production to
103+ alleviate the degradation of that infrastructure.
104+ (d) The legislature may appropriate money in the fund to the
105+ Department of Public Safety for the purposes of:
106+ (1) paying the salaries, benefit costs, and other
107+ costs associated with additional full-time equivalent department
108+ employees stationed in areas of this state affected by increased
109+ oil and gas production;
110+ (2) paying salary increases to department employees
111+ stationed in areas of this state affected by increased oil and gas
112+ production; or
113+ (3) providing additional resources to prevent gang
114+ violence and human trafficking in areas of this state affected by
115+ increased oil and gas production.
116+ (e) The legislature may appropriate money in the fund to the
117+ comptroller for the purpose of implementing, administering, and
118+ funding the grant program established under Subsection (f).
119+ (f) The comptroller by rule shall establish a grant program
120+ to provide financial assistance to political subdivisions located
121+ in areas of this state affected by increased oil and gas production
122+ and shall develop an application process for grants made under the
123+ program. The comptroller shall adopt rules to prioritize grants
124+ for first responder, emergency services, educational, and
125+ workforce preparedness needs.
126+ SECTION 5. The following provisions of the Government Code
127+ are repealed:
128+ (1) Section 316.092(e);
129+ (2) Section 316.093(f); and
130+ (3) Section 404.0241(d).
131+ SECTION 6. This Act takes effect January 1, 2020, but only
77132 if the constitutional amendment proposed by the 86th Legislature,
78133 Regular Session, 2019, providing for the creation of the generate
79134 recurring oil wealth for Texas (GROW Texas) fund, dedicating the
80135 money in that fund to benefit areas of the state from which oil and
81136 gas are produced, and providing for the transfer of certain general
82137 revenues to that fund, the economic stabilization fund, and the
83138 state highway fund is approved by the voters. If that amendment is
84139 not approved by the voters, this Act has no effect.