5 | 12 | | proposing a constitutional amendment providing for the creation of |
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6 | 13 | | the Texas energy insurance fund and the authorization of other |
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7 | 14 | | funding mechanisms to support the construction and operation of |
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8 | 15 | | electric generating facilities. |
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9 | 16 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 17 | | SECTION 1. Article III, Texas Constitution, is amended by |
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11 | 18 | | adding Section 49-q to read as follows: |
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12 | 19 | | Sec. 49-q. (a) The Texas energy insurance fund is created |
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13 | 20 | | as a special fund in the state treasury outside the general revenue |
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14 | 21 | | fund. |
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15 | 22 | | (b) As provided by general law, money in the Texas energy |
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16 | 23 | | insurance fund may be administered and used, without further |
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17 | 24 | | appropriation, only by the Public Utility Commission of Texas or |
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18 | 25 | | that commission's successor in function to provide loans to finance |
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19 | 26 | | the construction and operation of electric generating facilities. |
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20 | 27 | | (c) The entity administering the Texas energy insurance |
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21 | 28 | | fund may establish separate accounts in the fund as necessary or |
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22 | 29 | | convenient for the fund's administration. |
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23 | 30 | | (d) The Texas energy insurance fund consists of: |
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24 | 31 | | (1) money transferred or deposited to the credit of |
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25 | 32 | | the fund by or as authorized by law, including money from any source |
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26 | 33 | | transferred or deposited to the credit of the fund at the discretion |
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27 | 34 | | of the entity administering the fund; |
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28 | 35 | | (2) revenue, including the proceeds of any fee, |
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29 | 36 | | assessment, or tax imposed by this state, that general law |
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30 | 37 | | dedicates for deposit to the credit of the fund; and |
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31 | 38 | | (3) investment earnings and interest earned on money |
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32 | 39 | | in the fund. |
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33 | 40 | | (e) The legislature may appropriate general revenue for the |
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34 | 41 | | purpose of depositing money to the credit of the Texas energy |
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35 | 42 | | insurance fund to be used for the purposes of that fund. |
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36 | 43 | | (f) Regardless of whether the legislature directs that the |
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37 | 44 | | money be deposited to the credit of the Texas energy insurance fund, |
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38 | 45 | | the legislature may appropriate general revenue to be expended for |
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39 | 46 | | any purpose related to constructing and operating electric |
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40 | 47 | | generating facilities to ensure the reliability or adequacy of an |
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41 | 48 | | electric power grid in this state. |
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42 | 49 | | (g) For purposes of Section 22, Article VIII, of this |
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43 | 50 | | constitution: |
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44 | 51 | | (1) money in the Texas energy insurance fund is |
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45 | 52 | | dedicated by this constitution; and |
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46 | 53 | | (2) an appropriation of state tax revenues for the |
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47 | 54 | | purpose of depositing money to the credit of the Texas energy |
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48 | 55 | | insurance fund is treated as if it were an appropriation of revenues |
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49 | 56 | | dedicated by this constitution. |
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50 | 57 | | SECTION 2. This proposed constitutional amendment shall be |
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51 | 58 | | submitted to the voters at an election to be held November 7, 2023. |
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52 | 59 | | The ballot shall be printed to permit voting for or against the |
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53 | 60 | | proposition: "The constitutional amendment providing for the |
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54 | 61 | | creation of the Texas energy insurance fund and the authorization |
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55 | 62 | | of other funding mechanisms to support the construction and |
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56 | 63 | | operation of electric generating facilities." |
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