Texas 2023 - 88th 4th C.S.

Texas House Bill HJR1 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~By: King of Hemphill, Bell of Kaufman, H.J.R. No. 1~~
2		-	~~VanDeaver, et al~~.
	1	+	88S40011 KJE-F
	2	+	By: King of Hemphill H.J.R. No. 1
3	3
4	4
5	5		A JOINT RESOLUTION
6	6		proposing a constitutional amendment creating the state school
7	7		safety fund to provide ongoing financial support for projects that
8	8		ensure the safety of public schools in this state and providing for
9	9		the transfer of certain general revenues to that fund, the economic
10	10		stabilization fund, and the state highway fund.
11	11		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Section 49-g, Article III, Texas Constitution,
13	13		is amended by amending Subsections (c), (c-1), and (c-2) and adding
14	14		Subsections (c-3) and (c-4) to read as follows:
15	15		(c) Not later than the 90th day of each fiscal year, the
16	16		comptroller of public accounts shall transfer from the general
17	17		revenue fund to the economic stabilization fund, the state school
18	18		safety fund, and the state highway fund the sum of the amounts
19	19		described by Subsections (d) and (e) of this section, to be
20	20		allocated as provided by Subsections (c-1) and (c-2) of this
21	21		section. However, if necessary and notwithstanding the allocations
22	22		prescribed by Subsections (c-1) and (c-2) of this section, the
23	23		comptroller shall reduce proportionately the amounts described by
24	24		Subsections (d) and (e) of this section to be transferred and
25	25		allocated to the economic stabilization fund to prevent the amount
26	26		in that fund from exceeding the limit in effect for that biennium
27	27		under Subsection (g) of this section. Revenue transferred to the
28	28		state highway fund under this subsection may be used only for
29	29		constructing, maintaining, and acquiring rights-of-way for public
30	30		roadways other than toll roads.
31	31		(c-1) Of the sum of the amounts described by Subsections (d)
32	32		and (e) of this section and required to be transferred from the
33	33		general revenue fund under Subsection (c) of this section, the
34	34		comptroller shall, except as provided by Subsection (c-2) of this
35	35		section, allocate:
36		-	(1) one-half to the state highway [economic
37		-	stabilization] fund;
	36	+	(1) [one-half] to the economic stabilization fund the
	37	+	difference, if the difference is greater than zero, between
	38	+	one-half of the sum of those amounts and $1.1 billion;
38	39		(2) to the state school safety fund the lesser of:
39	40		(A) $1.1 billion; or
40	41		(B) one-half of the sum of those amounts; and
41		-	(3) the remainder to the economic stabilization [state
42		-	highway] fund[, except as provided by Subsection (c-2) of this
43		-	section].
	42	+	(3) the remainder to the state highway fund[, except
	43	+	as provided by Subsection (c-2) of this section].
44	44		(c-2) The legislature by general law shall provide for a
45	45		procedure by which the allocation of the sum of the amounts
46	46		described by Subsections (d) and (e) of this section may be adjusted
47	47		to provide for a transfer to the economic stabilization fund of an
48	48		amount greater than the allocation provided for under Subsection
49	49		(c-1) of this section with the remainder of that sum, if any,
50	50		allocated for transfer to the state school safety fund and the state
51		-	highway fund ~~in amounts~~ provided by general law. The allocation
52		-	~~made as~~ provided by that general law is binding on the comptroller
53		-	~~for the~~ purposes of the transfers required by Subsection (c) of this
	51	+	highway fund as provided by general law. The allocation made as
	52	+	provided by that general law is binding on the comptroller for the
	53	+	purposes of the transfers required by Subsection (c) of this
54	54		section.
55	55		(c-3) Notwithstanding Subsection (c-1) of this section, for
56	56		the state fiscal year beginning September 1, 2024, the comptroller
57	57		of public accounts shall reduce the amount allocated for transfer
58	58		to the economic stabilization fund and increase the amount
59	59		allocated for transfer to the state school safety fund under
60	60		Subsection (c-1) of this section for that state fiscal year by the
61	61		lesser of:
62	62		(1) $1.1 billion; or
63	63		(2) the amount allocated for transfer to the economic
64	64		stabilization fund under Subsection (c-1) of this section for that
65	65		state fiscal year.
66	66		(c-4) Subsection (c-3) of this section and this subsection
67	67		expire September 1, 2026.
68	68		SECTION 2. Article VII, Texas Constitution, is amended by
69	69		adding Section 7 to read as follows:
70	70		Sec. 7. (a) The state school safety fund is created as a
71	71		special fund in the state treasury outside the general revenue
72	72		fund. Money in the state school safety fund shall be administered,
73		-	without further appropriation, by the commissioner of education, or
74		-	the successor public officer of this state with authority over
75		-	primary and secondary education. In accordance with general law,
76		-	the state school safety fund may be used only to provide ongoing
77		-	financial support for projects that ensure the safety of public
78		-	schools in this state as provided by legislation. Separate
79		-	accounts may be established in the state school safety fund as
80		-	necessary or convenient to administer the fund or the supported
81		-	projects.
	73	+	without further appropriation, by the comptroller of public
	74	+	accounts. In accordance with general law, the state school safety
	75	+	fund may be used only to provide ongoing financial support for
	76	+	projects that ensure the safety of public schools in this state as
	77	+	provided by legislation. Separate accounts may be established in
	78	+	the state school safety fund as necessary or convenient to
	79	+	administer the fund or the supported projects.
82	80		(b) The legislature by general law may authorize the use of
83	81		money from the state school safety fund only by an independent
84	82		school district or open-enrollment charter school for projects
85	83		described under Subsection (a) of this section.
86	84		(c) The state school safety fund consists of:
87	85		(1) money appropriated to the fund;
88	86		(2) money transferred or deposited to the credit of
89	87		the fund under this constitution or by general law;
90	88		(3) revenue from any source, including the proceeds of
91	89		a fee or tax imposed under general law, that the legislature by
92		-	statute dedicates for deposit to the credit of the fund; ~~and~~
	90	+	statute dedicates for deposit to the credit of the fund;
93	91		(4) investment earnings and interest earned on amounts
94		-	credited to the fund.
95		-	(d) Not later than the 90th day of each state fiscal year,
96		-	the commissioner of education, or the successor public officer of
97		-	this state with authority over primary and secondary education,
98		-	shall:
99		-	(1) determine the amount of any unencumbered
100		-	appropriations for the support and maintenance of public schools
101		-	for the preceding state fiscal year;
102		-	(2) report the determination made under Subdivision
103		-	(1) of this subsection to the comptroller of public accounts; and
104		-	(3) after making the report required under Subdivision
105		-	(2) of this subsection, transfer the unencumbered appropriations
106		-	identified under Subdivision (1) of this subsection to the state
107		-	school safety fund.
108		-	(e) The legislature by general law shall provide for the
	92	+	credited to the fund;
	93	+	(5) money appropriated by the legislature for the
	94	+	purposes of funding public schools that is determined by the
	95	+	commissioner of education to exceed the amount required for the
	96	+	support and maintenance of public schools, including amounts to
	97	+	which the public schools of this state are entitled under general
	98	+	law; and
	99	+	(6) money transferred to the fund from another fund or
	100	+	account to which money from the fund was transferred, as authorized
	101	+	by general law.
	102	+	(d) The legislature by general law shall provide for the
109	103		manner in which money in the state school safety fund may be used,
110	104		subject to the limitations provided by this section. The
111	105		legislature by general law may provide for costs of investment and
112	106		administration of the state school safety fund to be paid from the
113	107		fund.
114		-	(f) For the purposes of Section 22, Article VIII, of this
	108	+	(e) For the purposes of Section 22, Article VIII, of this
115	109		constitution, an appropriation of money from the economic
116	110		stabilization fund for the purpose of depositing that money to the
117	111		credit of the state school safety fund is considered to be an
118	112		appropriation of state tax revenues dedicated by this constitution.
119		-	(g) This section is intended to establish a basic framework
	113	+	(f) This section is intended to establish a basic framework
120	114		of the state school safety fund, and the legislature by general law
121	115		may provide for the implementation and effectuate the design and
122	116		objects of this section and may delegate duties, responsibilities,
123	117		functions, and authority granted under this section to another
124	118		entity for those purposes.
125	119		SECTION 3. The following temporary provision is added to
126	120		the Texas Constitution:
127	121		TEMPORARY PROVISION. (a) This temporary provision applies
128	122		to the constitutional amendment proposed by the 88th Legislature,
129	123		4th Called Session, 2023, creating the state school safety fund to
130	124		provide ongoing financial support for projects that ensure the
131	125		safety of public schools in this state and providing for the
132	126		transfer of certain general revenues to that fund, the economic
133	127		stabilization fund, and the state highway fund.
134	128		(b) Section 49-g, Article III, of this constitution, as
135	129		amended by the amendment, takes effect September 1, 2024.
136	130		(c) This temporary provision expires September 1, 2025.
137	131		SECTION 4. This proposed constitutional amendment shall be
138	132		submitted to the voters at an election to be held May 4, 2024. The
139	133		ballot shall be printed to permit voting for or against the
140	134		proposition: "The constitutional amendment creating the state
141	135		school safety fund to provide ongoing financial support for
142	136		projects that ensure the safety of public schools in this state and
143	137		providing for the transfer of certain general revenues to that
144	138		fund, the economic stabilization fund, and the state highway fund."