4 | 7 | | proposing a constitutional amendment providing for the creation of |
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5 | 8 | | the Texas energy fund to support the construction, maintenance, |
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6 | 9 | | modernization, and operation of electric generating facilities. |
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7 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 11 | | SECTION 1. Article III, Texas Constitution, is amended by |
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9 | 12 | | adding Section 49-q to read as follows: |
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10 | 13 | | Sec. 49-q. (a) The Texas energy fund is created as a |
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11 | 14 | | special fund in the state treasury outside the general revenue |
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12 | 15 | | fund. |
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13 | 16 | | (b) As provided by general law, money in the Texas energy |
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14 | 17 | | fund may be administered and used, without further appropriation, |
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15 | 18 | | only by the Public Utility Commission of Texas or that commission's |
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16 | 19 | | successor in function to provide loans and grants to any entity to |
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17 | 20 | | finance or incentivize the construction, maintenance, |
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18 | 21 | | modernization, and operation of electric generating facilities, |
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19 | 22 | | including associated infrastructure, necessary to ensure the |
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20 | 23 | | reliability or adequacy of an electric power grid in this state. |
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21 | 24 | | The commission shall allocate money from the fund for loans and |
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22 | 25 | | grants to eligible projects: |
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23 | 26 | | (1) for electric generating facilities that serve as |
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24 | 27 | | backup power sources; and |
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25 | 28 | | (2) in each region of the state that is part of an |
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26 | 29 | | electric power grid in proportion to that region's load share. |
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27 | 30 | | (c) The entity administering the Texas energy fund may |
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28 | 31 | | establish separate accounts in the fund as necessary or convenient |
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29 | 32 | | for the fund's administration. |
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30 | 33 | | (d) The Texas energy fund consists of: |
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31 | 34 | | (1) money credited, appropriated, or transferred to |
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32 | 35 | | the fund by or as authorized by the legislature; |
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33 | 36 | | (2) revenue that the legislature dedicates for deposit |
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34 | 37 | | to the credit of the fund; |
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35 | 38 | | (3) the returns received from the investment of the |
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36 | 39 | | money in the fund; and |
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37 | 40 | | (4) gifts, grants, and donations contributed to the |
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38 | 41 | | credit of the fund. |
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39 | 42 | | (e) The reasonable expenses of managing the Texas energy |
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40 | 43 | | fund's assets shall be paid from the fund. |
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41 | 44 | | (f) The legislature by a provision of a general |
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42 | 45 | | appropriations act may provide for the transfer to the general |
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43 | 46 | | revenue fund of money that is subject to this section. |
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44 | 47 | | (g) The legislature may appropriate general revenue for the |
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45 | 48 | | purpose of depositing money to the credit of the Texas energy fund |
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46 | 49 | | to be used for the purposes of that fund. |
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47 | 50 | | (h) For purposes of Section 22, Article VIII, of this |
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48 | 51 | | constitution: |
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49 | 52 | | (1) money in the Texas energy fund is dedicated by this |
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50 | 53 | | constitution; and |
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51 | 54 | | (2) an appropriation of state tax revenues for the |
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52 | 55 | | purpose of depositing money to the credit of the Texas energy fund |
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53 | 56 | | is treated as if it were an appropriation of revenues dedicated by |
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54 | 57 | | this constitution. |
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55 | 58 | | SECTION 2. This proposed constitutional amendment shall be |
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56 | 59 | | submitted to the voters at an election to be held November 7, 2023. |
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57 | 60 | | The ballot shall be printed to permit voting for or against the |
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58 | 61 | | proposition: "The constitutional amendment providing for the |
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59 | 62 | | creation of the Texas energy fund to support the construction, |
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60 | 63 | | maintenance, modernization, and operation of electric generating |
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61 | 64 | | facilities." |
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62 | | - | ______________________________ ______________________________ |
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63 | | - | President of the Senate Speaker of the House |
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64 | | - | I hereby certify that S.J.R. No. 93 was adopted by the Senate |
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65 | | - | on May 4, 2023, by the following vote: Yeas 27, Nays 4; and that |
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66 | | - | the Senate concurred in House amendment on May 28, 2023, by the |
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67 | | - | following vote: Yeas 27, Nays 4. |
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68 | | - | ______________________________ |
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69 | | - | Secretary of the Senate |
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70 | | - | I hereby certify that S.J.R. No. 93 was adopted by the House, |
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71 | | - | with amendment, on May 22, 2023, by the following vote: Yeas 103, |
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72 | | - | Nays 35, one present not voting. |
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73 | | - | ______________________________ |
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74 | | - | Chief Clerk of the House |
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75 | | - | Received: |
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76 | | - | ______________________________ |
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77 | | - | Date |
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78 | | - | ______________________________ |
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79 | | - | Secretary of State |
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