87R9573 JRR-F
By: Birdwell S.J.R. No. 52
A JOINT RESOLUTION
proposing a constitutional amendment providing for the creation of
the Texas emissions reduction plan fund for the purpose of
administering and implementing programs relating to reducing
emissions of air contaminants or other pollutants and preventing
areas of the state from being in violation of national ambient air
quality standards.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 68 to read as follows:
Sec. 68. (a) The Texas emissions reduction plan fund is
established as a trust fund outside the state treasury to be held by
the comptroller and administered by the Texas Commission on
Environmental Quality, or that commission's successor in function,
as a trustee. Money in the fund may be spent without legislative
appropriation and may be used as provided by general law for the
purpose of administering and implementing programs relating to
reducing emissions of air contaminants or other pollutants and
preventing areas of the state from being in violation of national
ambient air quality standards.
(b) The Texas emissions reduction plan fund consists of
money credited to the fund as provided by general law. Money
credited to the fund may be transferred to the fund without
legislative appropriation.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, providing for the creation of the Texas
emissions reduction plan fund.
(b) A reference in general law to the Texas emissions
reduction plan fund established under Section 386.250, Health and
Safety Code, means the Texas emissions reduction plan fund
established under Section 68, Article III, of this constitution.
(c) If money is transferred to the credit of the Texas
emissions reduction plan fund established under Section 386.250,
Health and Safety Code, before the effective date of the amendment
adding Section 68 to Article III of this constitution, the transfer
of that money without legislative appropriation does not affect the
validity of the transfer.
(d) This temporary provision expires January 1, 2026.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 2, 2021.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing for the
creation of the Texas emissions reduction plan fund for the purpose
of administering and implementing programs relating to reducing
emissions of air contaminants or other pollutants and preventing
areas of the state from being in violation of national ambient air
quality standards."