Texas 2023 - 88th Regular

Texas House Bill HJR111 Compare Versions

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1	1	By: Landgraf, Guillen, Dean, Murr, Hunter, H.J.R. No. 111
2	2	et al.
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment providing for the creation of
7	7	the Texas severance tax revenue and oil and natural gas (Texas
8	8	STRONG) defense fund, dedicating the money in that fund to benefit
9	9	areas of the state significantly affected by oil and gas
10	10	production, and providing for the transfer of certain general
11	11	revenues to that fund, the economic stabilization fund, the state
12	12	highway fund, the oil and gas regulation and cleanup account, the
13	13	Texas emissions reduction plan fund, and the property tax relief
14	14	fund.
15	15	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 49-g, Article III, Texas Constitution,
17	17	is amended by amending Subsections (c), (c-1), and (c-2) and adding
18	18	Subsection (c-3) to read as follows:
19	19	(c) Not later than the 90th day of each fiscal year, the
20	20	comptroller of public accounts shall transfer from the general
21	21	revenue fund to the economic stabilization fund, [and] the state
22	22	highway fund, and the Texas severance tax revenue and oil and
23	23	natural gas (Texas STRONG) defense fund the sum of the amounts
24	24	described by Subsections (d) and (e) of this section, to be
25	25	allocated as provided by Subsections (c-1) and (c-2) of this
26	26	section. However, if necessary and notwithstanding the allocations
27	27	prescribed by Subsections (c-1) and (c-2) of this section, the
28	28	comptroller shall reduce proportionately the amounts described by
29	29	Subsections (d) and (e) of this section to be transferred and
30	30	allocated to the economic stabilization fund to prevent the amount
31	31	in that fund from exceeding the limit in effect for that biennium
32	32	under Subsection (g) of this section. Revenue transferred to the
33	33	state highway fund under this subsection may be used only for
34	34	constructing, maintaining, and acquiring rights-of-way for public
35	35	roadways other than toll roads.
36	36	(c-1) Except as provided by Subsection (c-2) of this
37	37	section, the comptroller shall allocate [Of] the sum of the amounts
38	38	described by Subsections (d) and (e) of this section and required to
39	39	be transferred from the general revenue fund under Subsection (c)
40	40	of this section as follows:
41	41	(1) 38 percent[, the comptroller shall allocate
42	42	one-half] to the economic stabilization fund;
43	43	(2) 10 percent to the Texas severance tax revenue and
44	44	oil and natural gas (Texas STRONG) defense fund, subject to
45	45	Subsection (c-3) of this section;
46	46	(3) 1 percent to the oil and gas regulation and cleanup
47	47	account;
48	48	(4) 1 percent to the Texas emissions reduction plan
49	49	fund; and
50	50	(5) the remainder to the state highway fund[, except
51	51	as provided by Subsection (c-2) of this section].
52	52	(c-2) The legislature by general law shall provide for a
53	53	procedure by which the allocation prescribed by Subsection (c-1)
54	54	[of the sum of the amounts described by Subsections (d) and (e)] of
55	55	this section may be adjusted to provide for a transfer to the
56	56	economic stabilization fund of an amount greater than the
57	57	allocation provided for under that subsection [Subsection (c-1) of
58	58	this section] with the remainder of that sum, if any, allocated for
59	59	transfer to the state highway fund, the oil and gas regulation and
60	60	cleanup account, the Texas emissions reduction plan fund, the
61	61	property tax relief fund, and the Texas severance tax revenue and
62	62	oil and natural gas (Texas STRONG) defense fund as provided by
63	63	general law. The allocation made as provided by that general law is
64	64	binding on the comptroller for the purposes of the transfers
65	65	required by Subsection (c) of this section.
66	66	(c-3) If the amount allocated to be transferred to the Texas
67	67	severance tax revenue and oil and natural gas (Texas STRONG)
68	68	defense fund for a state fiscal year under Subsection (c-1) or (c-2)
69	69	of this section would cause the total amount allocated for transfer
70	70	to the fund under those subsections for a state fiscal year to
71	71	exceed $500 million, the comptroller shall:
72	72	(1) reduce the amount allocated to be transferred to
73	73	the fund under the applicable subsection by the amount that would
74	74	exceed $500 million for the year; and
75	75	(2) transfer to the property tax relief fund the
76	76	amount by which the allocation is reduced under Subdivision (1) of
77	77	this subsection.
78	78	SECTION 2. Article III, Texas Constitution, is amended by
79	79	adding Section 49-g-1 to read as follows:
80	80	Sec. 49-g-1. (a) The Texas severance tax revenue and oil and
81	81	natural gas (Texas STRONG) defense fund is established as a fund in
82	82	the state treasury.
83	83	(b) The Texas severance tax revenue and oil and natural gas
84	84	(Texas STRONG) defense fund may consist of:
85	85	(1) money transferred to the fund under Section 49-g
86	86	of this article;
87	87	(2) money appropriated to the fund by the legislature;
88	88	(3) money that the legislature by statute dedicates
89	89	for deposit to the credit of the fund;
90	90	(4) gifts or grants contributed to the fund; and
91	91	(5) investment earnings and interest earned on amounts
92	92	credited to the fund.
93	93	(c) The legislature may appropriate money from the Texas
94	94	severance tax revenue and oil and natural gas (Texas STRONG)
95	95	defense fund only for use in areas of the state that are
96	96	significantly affected by oil and gas production as determined by
97	97	the legislature and for the purpose of funding grants to state
98	98	agencies, political subdivisions of the state, public institutions
99	99	of higher education, and nonprofit organizations to address public
100	100	health and safety concerns and supplement educational
101	101	opportunities and workforce preparedness needs.
102	102	(d) On the last day of each state fiscal biennium, the
103	103	comptroller of public accounts shall transfer any unobligated and
104	104	unappropriated money that remains in the fund on that date to the
105	105	general revenue fund.
106	106	SECTION 3. The following temporary provision is added to
107	107	the Texas Constitution:
108	108	TEMPORARY PROVISION. (a) This temporary provision applies
109	109	to the constitutional amendment proposed by the 88th Legislature,
110	110	Regular Session, 2023, providing for the creation of the Texas
111	111	severance tax revenue and oil and natural gas (Texas STRONG)
112	112	defense fund, dedicating the money in that fund to benefit areas of
113	113	the state significantly affected by oil and gas production, and
114	114	providing for the transfer of certain general revenues to that
115	115	fund, the economic stabilization fund, the state highway fund, the
116	116	oil and gas regulation and cleanup account, the Texas emissions
117	117	reduction plan fund, and the property tax relief fund.
118	118	(b) Section 49-g-1, Article III, of this constitution, as
119	119	added by the amendment, and the amendment to Section 49-g, Article
120	120	III, of this constitution, take effect January 1, 2024.
121	121	(c) This temporary provision expires January 1, 2025.
122	122	SECTION 4. This proposed constitutional amendment shall be
123	123	submitted to the voters at an election to be held November 7, 2023.
124	124	The ballot shall be printed to permit voting for or against the
125	125	proposition: "The constitutional amendment providing for the
126	126	creation of the Texas severance tax revenue and oil and natural gas
127	127	(Texas STRONG) defense fund, dedicating the money in that fund to
128	128	benefit areas of the state significantly affected by oil and gas
129	129	production, and providing for the transfer of certain general
130	130	revenues to that fund, the economic stabilization fund, the state
131	131	highway fund, the oil and gas regulation and cleanup account, the
132	132	Texas emissions reduction plan fund, and the property tax relief
133	133	fund."