| 1 | 1 | | 87R9573 JRR-F |
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| 2 | 2 | | By: Birdwell S.J.R. No. 52 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment providing for the creation of |
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| 7 | 7 | | the Texas emissions reduction plan fund for the purpose of |
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| 8 | 8 | | administering and implementing programs relating to reducing |
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| 9 | 9 | | emissions of air contaminants or other pollutants and preventing |
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| 10 | 10 | | areas of the state from being in violation of national ambient air |
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| 11 | 11 | | quality standards. |
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| 12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article III, Texas Constitution, is amended by |
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| 14 | 14 | | adding Section 68 to read as follows: |
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| 15 | 15 | | Sec. 68. (a) The Texas emissions reduction plan fund is |
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| 16 | 16 | | established as a trust fund outside the state treasury to be held by |
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| 17 | 17 | | the comptroller and administered by the Texas Commission on |
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| 18 | 18 | | Environmental Quality, or that commission's successor in function, |
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| 19 | 19 | | as a trustee. Money in the fund may be spent without legislative |
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| 20 | 20 | | appropriation and may be used as provided by general law for the |
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| 21 | 21 | | purpose of administering and implementing programs relating to |
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| 22 | 22 | | reducing emissions of air contaminants or other pollutants and |
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| 23 | 23 | | preventing areas of the state from being in violation of national |
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| 24 | 24 | | ambient air quality standards. |
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| 25 | 25 | | (b) The Texas emissions reduction plan fund consists of |
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| 26 | 26 | | money credited to the fund as provided by general law. Money |
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| 27 | 27 | | credited to the fund may be transferred to the fund without |
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| 28 | 28 | | legislative appropriation. |
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| 29 | 29 | | SECTION 2. The following temporary provision is added to |
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| 30 | 30 | | the Texas Constitution: |
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| 31 | 31 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 32 | 32 | | to the constitutional amendment proposed by the 87th Legislature, |
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| 33 | 33 | | Regular Session, 2021, providing for the creation of the Texas |
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| 34 | 34 | | emissions reduction plan fund. |
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| 35 | 35 | | (b) A reference in general law to the Texas emissions |
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| 36 | 36 | | reduction plan fund established under Section 386.250, Health and |
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| 37 | 37 | | Safety Code, means the Texas emissions reduction plan fund |
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| 38 | 38 | | established under Section 68, Article III, of this constitution. |
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| 39 | 39 | | (c) If money is transferred to the credit of the Texas |
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| 40 | 40 | | emissions reduction plan fund established under Section 386.250, |
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| 41 | 41 | | Health and Safety Code, before the effective date of the amendment |
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| 42 | 42 | | adding Section 68 to Article III of this constitution, the transfer |
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| 43 | 43 | | of that money without legislative appropriation does not affect the |
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| 44 | 44 | | validity of the transfer. |
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| 45 | 45 | | (d) This temporary provision expires January 1, 2026. |
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| 46 | 46 | | SECTION 3. This proposed constitutional amendment shall be |
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| 47 | 47 | | submitted to the voters at an election to be held November 2, 2021. |
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| 48 | 48 | | The ballot shall be printed to permit voting for or against the |
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| 49 | 49 | | proposition: "The constitutional amendment providing for the |
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| 50 | 50 | | creation of the Texas emissions reduction plan fund for the purpose |
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| 51 | 51 | | of administering and implementing programs relating to reducing |
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| 52 | 52 | | emissions of air contaminants or other pollutants and preventing |
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| 53 | 53 | | areas of the state from being in violation of national ambient air |
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| 54 | 54 | | quality standards." |
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