By: Schwertner S.J.R. No. 93
(In the Senate - Filed May 1, 2023; May 1, 2023, read first
time and referred to Committee on Business & Commerce; May 2, 2023,
reported favorably by the following vote: Yeas 8, Nays 0, three
present not voting; May 2, 2023, sent to printer.)
Click here to see the committee vote
SENATE JOINT RESOLUTION
proposing a constitutional amendment providing for the creation of
the Texas energy fund and the authorization of other funding
mechanisms to support the construction, maintenance, and
modernization of electric generating facilities.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 49-q to read as follows:
Sec. 49-q. (a) The Texas energy fund is created as a
special fund in the state treasury outside the general revenue
fund.
(b) As provided by general law, money in the Texas energy
fund may be administered and used, without further appropriation,
only by the Public Utility Commission of Texas or that commission's
successor in function to provide loans and grants to finance the
construction, maintenance, and modernization of electric
generating facilities.
(c) The entity administering the Texas energy fund may
establish separate accounts in the fund as necessary or convenient
for the fund's administration.
(d) The Texas energy fund consists of:
(1) money transferred or deposited to the credit of
the fund by or as authorized by law, including money from any source
transferred or deposited to the credit of the fund at the discretion
of the entity administering the fund;
(2) revenue, including the proceeds of any fee,
assessment, or tax imposed by this state, that general law
dedicates for deposit to the credit of the fund; and
(3) investment earnings and interest earned on money
in the fund.
(e) The legislature may appropriate general revenue for the
purpose of depositing money to the credit of the Texas energy fund
to be used for the purposes of that fund.
(f) Regardless of whether the legislature directs that the
money be deposited to the credit of the Texas energy fund, the
legislature may appropriate general revenue to be expended for any
purpose related to construction, maintenance, or modernization of
electric generating facilities to ensure the reliability or
adequacy of an electric power grid in this state.
(g) For purposes of Section 22, Article VIII, of this
constitution:
(1) money in the Texas energy fund is dedicated by this
constitution; and
(2) an appropriation of state tax revenues for the
purpose of depositing money to the credit of the Texas energy fund
is treated as if it were an appropriation of revenues dedicated by
this constitution.
SECTION 2. 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 Texas energy fund and the authorization of other
funding mechanisms to support the construction, maintenance, and
modernization of electric generating facilities."
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