Texas 2023 - 88th Regular

Texas House Bill HB1392 Compare Versions

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1	1	88R3715 KBB-D
2	2	By: Craddick, Guillen, Hunter, Raymond, H.B. No. 1392
3	3	Darby, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the allocation of certain constitutional transfers of
9	9	money to the economic stabilization fund, the state highway fund,
10	10	and the Grow Texas fund and to the permissible uses of money
11	11	deposited to the Grow Texas fund.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter H, Chapter 316,
14	14	Government Code, is amended to read as follows:
15	15	SUBCHAPTER H. ALLOCATION OF CONSTITUTIONAL TRANSFERS TO CERTAIN
16	16	FUNDS [ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND]
17	17	SECTION 2. The heading to Section 316.092, Government Code,
18	18	is amended to read as follows:
19	19	Sec. 316.092. DETERMINATION OF THRESHOLD FOR
20	20	CONSTITUTIONAL TRANSFER TO CERTAIN FUNDS [STATE HIGHWAY FUND].
21	21	SECTION 3. The heading to Section 316.093, Government Code,
22	22	is amended to read as follows:
23	23	Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO
24	24	CERTAIN FUNDS [FUND AND STATE HIGHWAY FUND].
25	25	SECTION 4. Section 316.093, Government Code, is amended by
26	26	amending Subsections (a), (b), and (d) and adding Subsection (e) to
27	27	read as follows:
28	28	(a) Before the comptroller makes transfers for a state
29	29	fiscal year in accordance with Section 49-g(c), Article III, Texas
30	30	Constitution, the comptroller shall determine whether the sum of
31	31	the balance of the fund on the preceding August 31, any projected
32	32	transfer to the fund under Section 49-g(b) of that article, [and]
33	33	any projected transfer to the fund under Section 49-g(c) of that
34	34	article in accordance with the allocations for the transfer as
35	35	provided by Section 49-g(c-1) of that article, and any increase in
36	36	the projected amount of the allocation to the fund under Section
37	37	49-g(c-2) of that article as provided by Subsection (c) of this
38	38	section is less than the amount determined under Section 316.092
39	39	for that state fiscal biennium.
40	40	(b) If the sum described by Subsection (a) is less than the
41	41	amount determined under Section 316.092 for that state fiscal
42	42	biennium, the comptroller shall reduce proportionately the amount
43	43	allocated [allocation] to the state highway fund provided by
44	44	Section 49-g(c-1) [49-g(c)], Article III, Texas Constitution, and
45	45	the amount by which the transfer to the economic stabilization fund
46	46	under that subsection is reduced and a corresponding amount is
47	47	transferred to the Grow Texas fund as provided by Section 49-g(c-3)
48	48	of that article, and increase the allocation to the economic
49	49	stabilization fund[,] in an [equal] amount equal to the reduction
50	50	of those amounts[,] until the amount determined under Section
51	51	316.092 for that state fiscal biennium would be achieved by the
52	52	transfer to the fund or the total amount of the sum described by
53	53	Section 49-g(c), Article III, Texas Constitution, is allocated to
54	54	the fund, whichever occurs first. This subsection expires December
55	55	31, 2034.
56	56	(d) The adjustment required of the comptroller under
57	57	Subsection (c) does not increase the amount by which the allocation
58	58	to the economic stabilization fund is reduced and a corresponding
59	59	amount is transferred to the Grow Texas fund under Section
60	60	49-g(c-3), Article III, Texas Constitution. [Subsections (a) and
61	61	(b) and this subsection expire December 31, 2034.]
62	62	(e) If the sum described by Subsection (a) is less than the
63	63	amount determined under Section 316.092 for a state fiscal biennium
64	64	beginning on or after September 1, 2035, the comptroller shall
65	65	reduce the amount by which the transfer to the economic
66	66	stabilization fund under Section 49-g(c), Article III, Texas
67	67	Constitution, is reduced and a corresponding amount is transferred
68	68	to the Grow Texas fund as provided by Section 49-g(c-3) of that
69	69	article and increase the allocation to the economic stabilization
70	70	fund in an amount equal to the reduction of those amounts until the
71	71	amount determined under Section 316.092 for that state fiscal
72	72	biennium would be achieved by the transfer to the fund or the total
73	73	amount of the sum described by Section 49-g(c), Article III, Texas
74	74	Constitution, is allocated to the fund, whichever occurs first.
75	75	SECTION 5. Subchapter G, Chapter 403, Government Code, is
76	76	amended by adding Section 403.108 to read as follows:
77	77	Sec. 403.108. GROW TEXAS GRANT PROGRAM. (a) In this
78	78	section:
79	79	(1) "Commission" means the Grow Texas fund commission
80	80	created under Section 49-g-1(e), Article III, Texas Constitution.
81	81	(2) "Fund" means the Grow Texas fund established under
82	82	Section 49-g-1(a), Article III, Texas Constitution.
83	83	(b) The legislature may appropriate money in the fund to the
84	84	comptroller for the purpose of funding grants to applicants
85	85	selected by the commission under the program established under
86	86	Subsection (c).
87	87	(c) The comptroller and the commission shall jointly
88	88	establish a program under which the commission may select
89	89	applicants to receive grants provided by the comptroller to
90	90	construct or maintain roads, schools, health care facilities, and
91	91	other infrastructure in the areas of this state the commission
92	92	determines to be significantly affected by oil and gas production.
93	93	(d) The commission shall establish:
94	94	(1) eligibility criteria for grant applicants;
95	95	(2) guidelines relating to grant amounts; and
96	96	(3) procedures for evaluating and approving or denying
97	97	grant applications.
98	98	(e) The comptroller shall:
99	99	(1) establish the procedure for applying for a grant;
100	100	(2) adopt a form that must be used by an applicant to
101	101	apply for a grant; and
102	102	(3) establish procedures for monitoring the use of a
103	103	grant provided under the program and ensuring compliance with any
104	104	conditions of a grant.
105	105	(f) The comptroller shall adopt rules to implement and
106	106	administer this section.
107	107	SECTION 6. Section 316.092(b), Government Code, is
108	108	repealed.
109	109	SECTION 7. This Act takes effect September 1, 2025, but only
110	110	if the constitutional amendment proposed by the 88th Legislature,
111	111	Regular Session, 2023, providing for the creation of and use of
112	112	money in the Grow Texas fund and allocating certain general
113	113	revenues to that fund, the economic stabilization fund, and the
114	114	state highway fund is approved by the voters. If that amendment is
115	115	not approved by the voters, this Act has no effect.