| 1 | 1 | | 86R12099 CJC-D |
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| 2 | 2 | | By: Bettencourt S.B. No. 2290 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the allocation of certain general revenues to the |
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| 8 | 8 | | economic stabilization fund, the state highway fund, and the |
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| 9 | 9 | | education enrichment fund. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Subchapter H, Chapter 316, |
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| 12 | 12 | | Government Code, is amended to read as follows: |
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| 13 | 13 | | SUBCHAPTER H. DETERMINATION OF AMOUNTS OF CONSTITUTIONAL |
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| 14 | 14 | | ALLOCATIONS TO [PRESERVATION OF SUFFICIENT BALANCE IN] |
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| 15 | 15 | | ECONOMIC STABILIZATION FUND, STATE HIGHWAY FUND, AND EDUCATION |
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| 16 | 16 | | ENRICHMENT FUND |
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| 17 | 17 | | SECTION 2. The heading to Section 316.093, Government Code, |
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| 18 | 18 | | is amended to read as follows: |
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| 19 | 19 | | Sec. 316.093. DETERMINATION [ADJUSTMENT] OF AMOUNTS OF |
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| 20 | 20 | | CONSTITUTIONAL ALLOCATIONS TO ECONOMIC STABILIZATION FUND, [AND] |
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| 21 | 21 | | STATE HIGHWAY FUND, AND EDUCATION ENRICHMENT FUND. |
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| 22 | 22 | | SECTION 3. Sections 316.093(a), (b), and (c), Government |
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| 23 | 23 | | Code, are amended to read as follows: |
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| 24 | 24 | | (a) In each state fiscal year, [Before] the comptroller |
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| 25 | 25 | | shall allocate the amount to be transferred under [makes transfers |
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| 26 | 26 | | for a state fiscal year in accordance with] Section 49-g(c), |
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| 27 | 27 | | Article III, Texas Constitution, in the manner provided by this |
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| 28 | 28 | | section [the comptroller shall determine whether the sum of the |
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| 29 | 29 | | balance of the fund on the preceding August 31, any projected |
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| 30 | 30 | | transfer to the fund under Section 49-g(b) of that article, and any |
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| 31 | 31 | | projected transfer to the fund under Section 49-g(c) of that |
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| 32 | 32 | | article in accordance with the allocations for the transfer as |
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| 33 | 33 | | provided by Section 49-g(c-1) of that article is less than the |
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| 34 | 34 | | sufficient balance adopted under Section 316.092]. |
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| 35 | 35 | | (b) The legislature shall state in the General |
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| 36 | 36 | | Appropriations Act the percentage of the total amount to be |
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| 37 | 37 | | transferred under [If the sum described by Subsection (a) is less |
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| 38 | 38 | | than the sufficient balance adopted under Section 316.092, the |
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| 39 | 39 | | comptroller shall reduce the allocation to the state highway fund |
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| 40 | 40 | | provided by] Section 49-g(c), Article III, Texas Constitution, that |
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| 41 | 41 | | the comptroller shall deposit to the economic stabilization fund, |
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| 42 | 42 | | the state highway fund, and the education enrichment fund in each |
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| 43 | 43 | | year of the state fiscal biennium for which the act makes |
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| 44 | 44 | | appropriations [and increase the allocation to the economic |
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| 45 | 45 | | stabilization fund, in an equal amount, until the sufficient |
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| 46 | 46 | | balance adopted under Section 316.092 is achieved]. |
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| 47 | 47 | | (c) In determining the percentage that each fund will |
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| 48 | 48 | | receive under Subsection (b), the legislature shall consider the |
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| 49 | 49 | | estimate of the amount of money that will be transferred under |
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| 50 | 50 | | Section 49-g(c), Article III, Texas Constitution, in the applicable |
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| 51 | 51 | | state fiscal biennium, as stated in the comptroller's biennial |
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| 52 | 52 | | revenue estimate for that state fiscal biennium [If under Section |
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| 53 | 53 | | 316.092 a sufficient balance has not been adopted for the |
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| 54 | 54 | | comptroller to consider under this section, the comptroller shall |
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| 55 | 55 | | adjust the allocation of amounts to be transferred to the fund and |
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| 56 | 56 | | to the state highway fund provided by Section 49-g(c), Article III, |
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| 57 | 57 | | Texas Constitution, so that the total of those amounts is |
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| 58 | 58 | | transferred to the economic stabilization fund, except that the |
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| 59 | 59 | | comptroller shall reduce a transfer made under this subsection as |
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| 60 | 60 | | necessary to prevent the amount in the fund from exceeding the limit |
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| 61 | 61 | | in effect for that biennium under Section 49-g(g) of that article]. |
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| 62 | 62 | | SECTION 4. The following provisions of the Government Code |
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| 63 | 63 | | are repealed: |
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| 64 | 64 | | (1) Section 316.091; |
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| 65 | 65 | | (2) Section 316.092; |
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| 66 | 66 | | (3) Sections 316.093(e) and (f); and |
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| 67 | 67 | | (4) Section 404.0241. |
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| 68 | 68 | | SECTION 5. This Act takes effect January 1, 2020, but only |
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| 69 | 69 | | if the constitutional amendment proposed by the 86th Legislature, |
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| 70 | 70 | | Regular Session, 2019, providing for the creation of the education |
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| 71 | 71 | | enrichment fund, dedicating the money in that fund for primary and |
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| 72 | 72 | | secondary education, and providing for the transfer of certain |
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| 73 | 73 | | general revenues to that fund, the economic stabilization fund, and |
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| 74 | 74 | | the state highway fund is approved by the voters. If that amendment |
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| 75 | 75 | | is not approved by the voters, this Act has no effect. |
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