Texas 2023 - 88th Regular

Texas Senate Bill SJR92 Compare Versions

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11 88R27014 JXC-D
22 By: Schwertner S.J.R. No. 92
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment providing for the creation of
77 the Texas energy fund and the authorization of other funding
88 mechanisms to support the construction, maintenance, and
99 modernization of electric generating facilities.
1010 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Article III, Texas Constitution, is amended by
1212 adding Section 49-q to read as follows:
1313 Sec. 49-q. (a) The Texas energy fund is created as a
1414 special fund in the state treasury outside the general revenue
1515 fund.
1616 (b) As provided by general law, money in the Texas energy
1717 fund may be administered and used, without further appropriation,
1818 only by the Public Utility Commission of Texas or that commission's
1919 successor in function to provide loans to finance the construction,
2020 maintenance, and modernization of electric generating facilities.
2121 (c) The entity administering the Texas energy fund may
2222 establish separate accounts in the fund as necessary or convenient
2323 for the fund's administration.
2424 (d) The Texas energy fund consists of:
2525 (1) money transferred or deposited to the credit of
2626 the fund by or as authorized by law, including money from any source
2727 transferred or deposited to the credit of the fund at the discretion
2828 of the entity administering the fund;
2929 (2) revenue, including the proceeds of any fee,
3030 assessment, or tax imposed by this state, that general law
3131 dedicates for deposit to the credit of the fund; and
3232 (3) investment earnings and interest earned on money
3333 in the fund.
3434 (e) The legislature may appropriate general revenue for the
3535 purpose of depositing money to the credit of the Texas energy fund
3636 to be used for the purposes of that fund.
3737 (f) Regardless of whether the legislature directs that the
3838 money be deposited to the credit of the Texas energy fund, the
3939 legislature may appropriate general revenue to be expended for any
4040 purpose related to construction, maintenance, or modernization of
4141 electric generating facilities to ensure the reliability or
4242 adequacy of an electric power grid in this state.
4343 (g) For purposes of Section 22, Article VIII, of this
4444 constitution:
4545 (1) money in the Texas energy fund is dedicated by this
4646 constitution; and
4747 (2) an appropriation of state tax revenues for the
4848 purpose of depositing money to the credit of the Texas energy fund
4949 is treated as if it were an appropriation of revenues dedicated by
5050 this constitution.
5151 SECTION 2. This proposed constitutional amendment shall be
5252 submitted to the voters at an election to be held November 7, 2023.
5353 The ballot shall be printed to permit voting for or against the
5454 proposition: "The constitutional amendment providing for the
5555 creation of the Texas energy fund and the authorization of other
5656 funding mechanisms to support the construction, maintenance, and
5757 modernization of electric generating facilities."