Texas 2021 - 87th Regular

Texas House Bill HJR21 Compare Versions

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11 87R1227 CJC-D
22 By: Craddick H.J.R. No. 21
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment providing for the creation of
77 and use of money in the Grow Texas fund and allocating certain
88 general revenues to that fund, the economic stabilization fund, and
99 the state highway fund.
1010 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 49-g, Article III, Texas Constitution,
1212 is amended by amending Subsections (c), (c-1), and (c-2) and adding
1313 Subsection (c-3) to read as follows:
1414 (c) Not later than the 90th day of each fiscal year, the
1515 comptroller of public accounts shall transfer from the general
1616 revenue fund to the economic stabilization fund, [and] the state
1717 highway fund, and the Grow Texas fund the sum of the amounts
1818 described by Subsections (d) and (e) of this section, to be
1919 allocated as provided by Subsections (c-1), [and] (c-2), and (c-3)
2020 of this section. However, if necessary and notwithstanding the
2121 allocations prescribed by Subsections (c-1), [and] (c-2), and (c-3)
2222 of this section, the comptroller shall reduce proportionately the
2323 amounts described by Subsections (d) and (e) of this section to be
2424 transferred and allocated to the economic stabilization fund to
2525 prevent the amount in that fund from exceeding the limit in effect
2626 for that biennium under Subsection (g) of this section. Revenue
2727 transferred to the state highway fund under this subsection may be
2828 used only for constructing, maintaining, and acquiring
2929 rights-of-way for public roadways other than toll roads.
3030 (c-1) Of the sum of the amounts described by Subsections (d)
3131 and (e) of this section and required to be transferred from the
3232 general revenue fund under Subsection (c) of this section, the
3333 comptroller shall allocate one-half to the economic stabilization
3434 fund and the remainder to the state highway fund, except as provided
3535 by Subsections [Subsection] (c-2) and (c-3) of this section.
3636 (c-2) The legislature by general law shall provide for a
3737 procedure by which the allocations prescribed by Subsections (c-1)
3838 and (c-3) [allocation of the sum of the amounts described by
3939 Subsections (d) and (e)] of this section may be adjusted to provide
4040 for a transfer to the economic stabilization fund of an amount
4141 greater than the allocations [allocation] provided for under those
4242 subsections [Subsection (c-1) of this section with the remainder of
4343 that sum, if any, allocated for transfer to the state highway fund].
4444 The allocations [allocation] made as provided by that general law
4545 are [is] binding on the comptroller for the purposes of the
4646 transfers required by Subsection (c) of this section.
4747 (c-3) Each time the comptroller determines the amount of
4848 general revenue to be allocated for transfer to the economic
4949 stabilization fund under Subsection (c-1) of this section, the
5050 comptroller shall reduce by 12 percent the amount of that transfer
5151 and at the same time transfer to the credit of the Grow Texas fund an
5252 amount of general revenue equal to the amount by which the
5353 comptroller reduced the amount of the transfer to the economic
5454 stabilization fund, provided that the total amount transferred to
5555 the Grow Texas fund under this subsection may not exceed $250
5656 million in a state fiscal biennium. For purposes of determining the
5757 amount of the transfer to the Grow Texas fund under this subsection,
5858 the comptroller may not consider any amount by which the amount
5959 transferred to the economic stabilization fund is increased under
6060 Subsection (c-2) of this section.
6161 SECTION 2. Article III, Texas Constitution, is amended by
6262 adding Section 49-g-1 to read as follows:
6363 Sec. 49-g-1. (a) The Grow Texas fund is established as a
6464 fund in the state treasury.
6565 (b) The Grow Texas fund consists of:
6666 (1) money transferred to the fund under Section 49-g
6767 of this article;
6868 (2) money appropriated to the fund by the legislature;
6969 (3) money that the legislature by statute dedicates
7070 for deposit to the credit of the fund;
7171 (4) gifts or grants contributed to the fund; and
7272 (5) investment earnings and interest earned on amounts
7373 credited to the fund.
7474 (c) The legislature may appropriate money from the Grow
7575 Texas fund only for use in areas of the state from which oil and gas
7676 are produced and only to address infrastructure needs in the manner
7777 provided by general law in areas of the state determined by the
7878 legislature to be significantly affected by oil and gas production.
7979 General law enacted under this subsection may provide for the
8080 appropriation of money in the fund to make grants to state agencies
8181 and political subdivisions of the state for a purpose authorized by
8282 this subsection.
8383 (d) On the last day of each state fiscal biennium, the
8484 comptroller of public accounts shall transfer any unobligated and
8585 unappropriated money that remains in the fund on that date to the
8686 economic stabilization fund.
8787 (e) The Grow Texas fund commission is created to administer
8888 money appropriated from the fund and to advise the legislature on
8989 making appropriations from the fund. The commission consists of
9090 seven members who serve four-year terms beginning September 1 of
9191 each odd-numbered year. The lieutenant governor shall appoint two
9292 members of the senate to the commission. The speaker of the house
9393 of representatives shall appoint two members of the house of
9494 representatives to the commission. The governor shall appoint
9595 three members of the public to the commission and shall designate
9696 the presiding officer of the commission. A vacancy on the
9797 commission shall be filled in the same manner as the original
9898 appointment for the unexpired term. Members of the commission are
9999 not entitled to compensation for service on the commission but are
100100 entitled to reimbursement of expenses incurred while performing
101101 duties as commission members.
102102 SECTION 3. The following temporary provision is added to
103103 the Texas Constitution:
104104 TEMPORARY PROVISION. (a) This temporary provision applies
105105 to the constitutional amendment proposed by the 87th Legislature,
106106 Regular Session, 2021, providing for the creation of the Grow Texas
107107 fund, dedicating the money in that fund to benefit areas of the
108108 state from which oil and gas are produced, and providing for the
109109 transfer of certain general revenues to that fund, the economic
110110 stabilization fund, and the state highway fund.
111111 (b) Section 49-g-1, Article III, of this constitution, as
112112 added by the amendment, and the amendment to Section 49-g, Article
113113 III, of this constitution, take effect September 1, 2023.
114114 (c) This temporary provision expires September 1, 2024.
115115 SECTION 4. This proposed constitutional amendment shall be
116116 submitted to the voters at an election to be held November 2, 2021.
117117 The ballot shall be printed to permit voting for or against the
118118 proposition: "The constitutional amendment providing for the
119119 creation of the Grow Texas fund, dedicating the money in that fund
120120 to benefit areas of the state from which oil and gas are produced,
121121 and providing for the transfer of certain general revenues to that
122122 fund, the economic stabilization fund, and the state highway fund."