Texas 2021 - 87th Regular

Texas House Bill HJR82 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19047 SRA-D
2	2		By: Craddick, Raymond, Darby, Landgraf, H.J.R. No. 82
3	3		Paddie
	4	+	Substitute the following for H.J.R. No. 82:
	5	+	By: Bell of Montgomery C.S.H.J.R. No. 82
4	6
5	7
6	8		A JOINT RESOLUTION
7	9		proposing a constitutional amendment providing for the creation of
8	10		and use of money in the Grow Texas fund and allocating certain
9	11		general revenues to that fund, the economic stabilization fund, and
10	12		the state highway fund.
11	13		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. Section 49-g, Article III, Texas Constitution,
13	15		is amended by amending Subsections (c), (c-1), and (c-2) and adding
14	16		Subsection (c-3) to read as follows:
15	17		(c) Not later than the 90th day of each fiscal year, the
16	18		comptroller of public accounts shall transfer from the general
17	19		revenue fund to the economic stabilization fund, [and] the state
18	20		highway fund, and the Grow Texas fund the sum of the amounts
19	21		described by Subsections (d) and (e) of this section, to be
20	22		allocated as provided by Subsections (c-1), [and] (c-2), and (c-3)
21	23		of this section. However, if necessary and notwithstanding the
22	24		allocations prescribed by Subsections (c-1), [and] (c-2), and (c-3)
23	25		of this section, the comptroller shall reduce proportionately the
24	26		amounts described by Subsections (d) and (e) of this section to be
25	27		transferred and allocated to the economic stabilization fund to
26	28		prevent the amount in that fund from exceeding the limit in effect
27	29		for that biennium under Subsection (g) of this section. Revenue
28	30		transferred to the state highway fund under this subsection may be
29	31		used only for constructing, maintaining, and acquiring
30	32		rights-of-way for public roadways other than toll roads.
31	33		(c-1) Of the sum of the amounts described by Subsections (d)
32	34		and (e) of this section and required to be transferred from the
33	35		general revenue fund under Subsection (c) of this section, the
34	36		comptroller shall allocate one-half to the economic stabilization
35	37		fund and the remainder to the state highway fund, except as provided
36	38		by Subsections [Subsection] (c-2) and (c-3) of this section.
37	39		(c-2) The legislature by general law shall provide for a
38	40		procedure by which the allocations prescribed by Subsections (c-1)
39	41		and (c-3) [allocation of the sum of the amounts described by
40	42		Subsections (d) and (e)] of this section may be adjusted to provide
41	43		for a transfer to the economic stabilization fund of an amount
42	44		greater than the allocations [allocation] provided for under those
43	45		subsections [Subsection (c-1) of this section with the remainder of
44	46		that sum, if any, allocated for transfer to the state highway fund].
45	47		The allocations [allocation] made as provided by that general law
46	48		are [is] binding on the comptroller for the purposes of the
47	49		transfers required by Subsection (c) of this section.
48	50		(c-3) Each time the comptroller determines the amount of
49	51		general revenue to be allocated for transfer to the economic
50	52		stabilization fund under Subsection (c-1) of this section, the
51	53		comptroller shall reduce by 12 percent the amount of that transfer
52	54		and at the same time transfer to the credit of the Grow Texas fund an
53	55		amount of general revenue equal to the amount by which the
54	56		comptroller reduced the amount of the transfer to the economic
55	57		stabilization fund, provided that the total amount transferred to
56	58		the Grow Texas fund under this subsection may not exceed $250
57	59		million in a state fiscal biennium. For purposes of determining the
58	60		amount of the transfer to the Grow Texas fund under this subsection,
59	61		the comptroller may not consider any amount by which the amount
60	62		transferred to the economic stabilization fund is increased under
61	63		Subsection (c-2) of this section.
62	64		SECTION 2. Article III, Texas Constitution, is amended by
63	65		adding Section 49-g-1 to read as follows:
64	66		Sec. 49-g-1. (a) The Grow Texas fund is established as a
65	67		fund in the state treasury.
66	68		(b) The Grow Texas fund consists of:
67	69		(1) money transferred to the fund under Section 49-g
68	70		of this article;
69	71		(2) money appropriated to the fund by the legislature;
70	72		(3) money that the legislature by statute dedicates
71	73		for deposit to the credit of the fund;
72	74		(4) money received from the federal government that
73	75		may be used for a purpose for which money in the fund may be used and
74	76		that is transferred or deposited to the credit of the fund by the
75	77		legislature;
76	78		(5) gifts or grants contributed to the fund; and
77	79		(6) investment earnings and interest earned on amounts
78	80		credited to the fund.
79	81		(c) The legislature may appropriate money from the Grow
80	82		Texas fund only for use in areas of the state from which oil and gas
81	83		are produced and only to address infrastructure needs in the manner
82	84		provided by general law in areas of the state determined by the
83	85		legislature to be significantly affected by oil and gas production.
84	86		General law enacted under this subsection may provide for the
85	87		appropriation of money in the fund to make grants to state agencies
86	88		and political subdivisions of the state for a purpose authorized by
87	89		this subsection.
88	90		(d) On the last day of each state fiscal biennium, the
89	91		comptroller of public accounts shall transfer any unobligated and
90	92		unappropriated money that remains in the fund on that date to the
91	93		economic stabilization fund.
92	94		(e) The Grow Texas fund commission is created to administer
93	95		money appropriated from the fund and to advise the legislature on
94	96		making appropriations from the fund. The commission consists of
95	97		seven members who serve four-year terms beginning September 1 of
96	98		each odd-numbered year. The lieutenant governor shall appoint two
97	99		members of the senate to the commission. The speaker of the house
98	100		of representatives shall appoint two members of the house of
99	101		representatives to the commission. The governor shall appoint
100	102		three members of the public to the commission and shall designate
101	103		the presiding officer of the commission. A vacancy on the
102	104		commission shall be filled in the same manner as the original
103	105		appointment for the unexpired term. Members of the commission are
104	106		not entitled to compensation for service on the commission but are
105	107		entitled to reimbursement of expenses incurred while performing
106	108		duties as commission members.
107	109		SECTION 3. The following temporary provision is added to
108	110		the Texas Constitution:
109	111		TEMPORARY PROVISION. (a) This temporary provision applies
110	112		to the constitutional amendment proposed by the 87th Legislature,
111	113		Regular Session, 2021, providing for the creation of the Grow Texas
112	114		fund, dedicating the money in that fund to benefit areas of the
113	115		state from which oil and gas are produced, and providing for the
114	116		transfer of certain general revenues to that fund, the economic
115	117		stabilization fund, and the state highway fund.
116	118		(b) Section 49-g-1, Article III, of this constitution, as
117	119		added by the amendment, and the amendment to Section 49-g, Article
118	120		III, of this constitution, take effect September 1, 2023.
119	121		(c) This temporary provision expires September 1, 2024.
120	122		SECTION 4. This proposed constitutional amendment shall be
121	123		submitted to the voters at an election to be held November 2, 2021.
122	124		The ballot shall be printed to permit voting for or against the
123	125		proposition: "The constitutional amendment providing for the
124	126		creation of the Grow Texas fund, dedicating the money in that fund
125	127		to benefit areas of the state from which oil and gas are produced,
126	128		and providing for the transfer of certain general revenues to that
127	129		fund, the economic stabilization fund, and the state highway fund."