88R7180 JAM-F
By: Holland H.J.R. No. 138
A JOINT RESOLUTION
proposing a constitutional amendment providing for the creation of
the land and water conservation fund, dedicating certain money in
that fund to the conservation of, restoration of, or public access
to land, water, or natural resources in this state, and providing
for the transfer of certain general revenues to the economic
stabilization fund, the land and water conservation fund, and the
state highway fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 49-g(c) and (c-1), Article III, Texas
Constitution, are amended to read as follows:
(c) Not later than the 90th day of each fiscal year, the
comptroller of public accounts shall transfer from the general
revenue fund to the economic stabilization fund, the land and water
conservation fund, and the state highway fund the sum of the amounts
described by Subsections (d) and (e) of this section, to be
allocated as provided by Subsections (c-1) and (c-2) of this
section. However, if necessary and notwithstanding the
allocations prescribed by Subsections (c-1) and (c-2) of this
section, the comptroller shall reduce proportionately the amounts
described by Subsections (d) and (e) of this section to be
transferred and allocated to the economic stabilization fund to
prevent the amount in that fund from exceeding the limit in effect
for that biennium under Subsection (g) of this section. Revenue
transferred to the state highway fund under this subsection may be
used only for constructing, maintaining, and acquiring
rights-of-way for public roadways other than toll roads.
(c-1) Except as provided by Subsection (c-2) of this
section, the comptroller shall allocate [Of] the sum of the amounts
described by Subsections (d) and (e) of this section and required to
be transferred from the general revenue fund under Subsection (c)
of this section as follows:
(1) 46 percent of that sum [, the comptroller shall
allocate one-half] to the economic stabilization fund;
(2) four percent of that sum to the land and water
conservation fund; and
(3) the remainder of that sum to the state highway fund
[, except as provided by Subsection (c-2) of this section].
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 49-g-1 to read as follows:
Sec. 49-g-1. (a) The land and water conservation fund is
established as a special fund in the state treasury.
(b) The land and water conservation fund consists of money
transferred to the fund under Section 49-g of this article and money
the legislature:
(1) may appropriate to the credit of the fund; or
(2) by general law may dedicate or provide for deposit
to the credit of the fund.
(c) Money in the land and water conservation fund may be
spent:
(1) without further appropriation;
(2) only for purposes related to the conservation of,
restoration of, or public access to land, water, or natural
resources in this state; and
(3) without further legislative appropriation.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 88th Legislature,
Regular Session, 2023, providing for the creation of the land and
water conservation fund, dedicating certain money in that fund to
the conservation of, restoration of, or public access to land,
water, or natural resources in this state, and providing for the
transfer of certain general revenues to the economic stabilization
fund, the land and water conservation fund, and the state highway
fund.
(b) The transfers and allocations to be made under Sections
49-g(c) and (c-1), Article III, of this constitution are to be made
beginning with the state fiscal year beginning September 1, 2025.
(c) This temporary provision expires September 1, 2026.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2023.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing for the
creation of the land and water conservation fund, dedicating
certain money in that fund to the conservation of, restoration of,
or public access to land, water, or natural resources in this state,
and providing for the transfer of certain general revenues to the
economic stabilization fund, the land and water conservation fund,
and the state highway fund."