Texas 2023 - 88th Regular

Texas House Bill HB2207 Compare Versions

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1	1	By: Landgraf, Guillen, Dean, Murr, Hunter, H.B. No. 2207
2	2	et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the allocation of certain constitutional transfers of
8	8	money to the economic stabilization fund, the state highway fund,
9	9	the oil and gas regulation and cleanup account, the Texas emissions
10	10	reduction plan fund, the property tax relief fund, and the Texas
11	11	severance tax revenue and oil and natural gas (Texas STRONG)
12	12	defense fund and to the permissible uses of money deposited to the
13	13	Texas severance tax revenue and oil and natural gas (Texas STRONG)
14	14	defense fund.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. The heading to Subchapter H, Chapter 316,
17	17	Government Code, is amended to read as follows:
18	18	SUBCHAPTER H. ALLOCATION OF CONSTITUTIONAL TRANSFERS TO CERTAIN
19	19	FUNDS [ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND]
20	20	SECTION 2. The heading to Section 316.092, Government Code,
21	21	is amended to read as follows:
22	22	Sec. 316.092. DETERMINATION OF THRESHOLD FOR
23	23	CONSTITUTIONAL TRANSFER TO CERTAIN FUNDS [STATE HIGHWAY FUND].
24	24	SECTION 3. Section 316.092(b), Government Code, is amended
25	25	to read as follows:
26	26	(b) This section expires December 31, 2038 [2034].
27	27	SECTION 4. The heading to Section 316.093, Government Code,
28	28	is amended to read as follows:
29	29	Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO
30	30	CERTAIN FUNDS [FUND AND STATE HIGHWAY FUND].
31	31	SECTION 5. Section 316.093, Government Code, is amended by
32	32	amending Subsections (b), (c), and (d) and adding Subsection (e) to
33	33	read as follows:
34	34	(b) If the sum described by Subsection (a) is less than the
35	35	amount determined under Section 316.092 for that state fiscal
36	36	biennium, the comptroller shall reduce proportionately the
37	37	allocations [allocation] to the state highway fund, the oil and gas
38	38	regulation and cleanup account, the Texas emissions reduction plan
39	39	fund, the property tax relief fund, and the Texas severance tax
40	40	revenue and oil and natural gas (Texas STRONG) defense fund as
41	41	provided by Section 49-g(c-1) [49-g(c)], Article III, Texas
42	42	Constitution, and increase the allocation to the economic
43	43	stabilization fund[,] in an [equal] amount equal to the reduction
44	44	of those allocations[,] until the amount determined under Section
45	45	316.092 for that state fiscal biennium would be achieved by the
46	46	transfer to the fund or the total amount of the sum described by
47	47	Section 49-g(c), Article III, Texas Constitution, is allocated to
48	48	the fund, whichever occurs first.
49	49	(c) For the purposes of Section 49-g(c-2), Article III,
50	50	Texas Constitution, the comptroller shall adjust the allocation
51	51	provided by Section 49-g(c-1) of that article so that [of amounts to
52	52	be transferred to the fund and to the state highway fund under
53	53	Section 49-g(c) of that article in a state fiscal year] beginning
54	54	[on or after] September 1, 2037 [2035], the amount allocated for
55	55	transfer to the Texas severance tax revenue and oil and natural gas
56	56	(Texas STRONG) defense fund under Section 49-g(c-1) of that article
57	57	is instead [so that the total of those amounts is] transferred to
58	58	the economic stabilization fund.
59	59	(d) The [, except that the] comptroller shall reduce a
60	60	transfer to the economic stabilization fund required [made] under
61	61	Subsection (c) of this section [this subsection] as necessary to
62	62	prevent the amount in the fund from exceeding the limit in effect
63	63	for that biennium under Section 49-g(g), Article III, Texas
64	64	Constitution [of that article].
65	65	(e) [(d)] Subsections (a) and (b) of this section and this
66	66	subsection expire December 31, 2038 [2034].
67	67	SECTION 6. Subchapter G, Chapter 403, Government Code, is
68	68	amended by adding Section 403.108 to read as follows:
69	69	Sec. 403.108. TEXAS SEVERANCE TAX REVENUE AND OIL AND
70	70	NATURAL GAS (TEXAS STRONG) DEFENSE FUND; GRANT PROGRAM. (a) In
71	71	this section:
72	72	(1) "Fund" means the Texas severance tax revenue and
73	73	oil and natural gas (Texas STRONG) defense fund under Section
74	74	49-g-1, Article III, Texas Constitution.
75	75	(2) "Qualifying county" means a county in which the
76	76	amount of oil and gas production taxes collected by the comptroller
77	77	during the preceding two state fiscal years is at least 0.5 percent
78	78	of the total amount of those taxes collected in the state during
79	79	that same period.
80	80	(b) Money in the fund may be appropriated by the legislature
81	81	only for the following purposes:
82	82	(1) to the governor for the purpose of implementing,
83	83	administering, and funding the grant program established under
84	84	Subsection (c);
85	85	(2) to the Texas Department of Transportation for the
86	86	purpose of making grants under Subchapter C, Chapter 256,
87	87	Transportation Code only to make a grant to a qualifying county or a
88	88	county in which a port authority or navigation district is engaged
89	89	in oil or gas production, refinement, or export, notwithstanding
90	90	any other provision of that subchapter;
91	91	(3) to the trusteed programs within the office of the
92	92	governor for the purpose of meeting economic development needs in
93	93	qualifying counties; and
94	94	(4) to the Department of Public Safety for the
95	95	purposes of:
96	96	(A) paying the salaries, benefit costs, and other
97	97	costs associated with additional full-time equivalent department
98	98	employees stationed in qualifying counties;
99	99	(B) paying salary increases to department
100	100	employees stationed in qualifying counties; or
101	101	(C) providing additional resources for the
102	102	enforcement of commercial motor vehicle safety standards under
103	103	Chapter 644, Transportation Code, and the prevention of gang
104	104	violence and human trafficking, in qualifying counties.
105	105	(c) Subject to Subsection (d), the governor by rule shall:
106	106	(1) establish a grant program using money received
107	107	from the fund to address the effects of and needs associated with
108	108	significant oil and gas production in this state by providing
109	109	financial assistance to nonprofit organizations, public
110	110	institutions of higher education, school districts, and other
111	111	political subdivisions;
112	112	(2) develop an application process for grants made
113	113	under the program; and
114	114	(3) prioritize grants for first responder, emergency
115	115	and trauma care services, health care, mental health care,
116	116	educational, and workforce preparedness needs.
117	117	(d) In awarding grants under the grant program established
118	118	under Subsection (c), the governor shall give priority to an
119	119	applicant located in a qualifying county or a county in which a port
120	120	authority or navigation district is engaged in oil or gas
121	121	production, refinement, or export.
122	122	SECTION 7. This Act takes effect January 1, 2024, but only
123	123	if the constitutional amendment proposed by the 88th Legislature,
124	124	Regular Session, 2023, providing for the creation of the Texas
125	125	severance tax revenue and oil and natural gas (Texas STRONG)
126	126	defense fund, dedicating the money in that fund to benefit areas of
127	127	the state significantly affected by oil and gas production, and
128	128	providing for the transfer of certain general revenues to that
129	129	fund, the economic stabilization fund, and the state highway fund
130	130	is approved by the voters. If that amendment is not approved by the
131	131	voters, this Act has no effect.