Texas 2025 - 89th Regular

Texas House Bill HB188 Compare Versions

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11 89R260 CJC-D
22 By: Landgraf H.B. No. 188
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the allocation of certain constitutional transfers of
1010 money to certain funds and accounts, including the Texas severance
1111 tax revenue and oil and natural gas (Texas STRONG) defense fund, and
1212 to the permissible uses of money deposited to the Texas severance
1313 tax revenue and oil and natural gas (Texas STRONG) defense fund.
1414 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1515 SECTION 1. The heading to Subchapter H, Chapter 316,
1616 Government Code, is amended to read as follows:
1717 SUBCHAPTER H. ALLOCATION OF CONSTITUTIONAL TRANSFERS TO CERTAIN
1818 FUNDS [ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND]
1919 SECTION 2. The heading to Section 316.092, Government Code,
2020 is amended to read as follows:
2121 Sec. 316.092. DETERMINATION OF THRESHOLD FOR
2222 CONSTITUTIONAL TRANSFER TO CERTAIN FUNDS [STATE HIGHWAY FUND].
2323 SECTION 3. Section 316.092(b), Government Code, is amended
2424 to read as follows:
2525 (b) This section expires December 31, 2036 [2042].
2626 SECTION 4. The heading to Section 316.093, Government Code,
2727 is amended to read as follows:
2828 Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO
2929 CERTAIN FUNDS [FUND AND STATE HIGHWAY FUND].
3030 SECTION 5. Section 316.093, Government Code, is amended by
3131 amending Subsections (b), (c), and (d) and adding Subsection (e) to
3232 read as follows:
3333 (b) If the sum described by Subsection (a) is less than the
3434 amount determined under Section 316.092 for that state fiscal
3535 biennium, the comptroller shall reduce proportionately the
3636 allocations [allocation] to the state highway fund, the oil and gas
3737 regulation and cleanup account, the Texas emissions reduction plan
3838 fund, and the Texas severance tax revenue and oil and natural gas
3939 (Texas STRONG) defense fund as provided by Section 49-g(c-1)
4040 [49-g(c)], Article III, Texas Constitution, and increase the
4141 allocation to the economic stabilization fund[,] in an [equal]
4242 amount equal to the reduction of those allocations[,] until the
4343 amount determined under Section 316.092 for that state fiscal
4444 biennium would be achieved by the transfer to the fund or the total
4545 amount of the sum described by Section 49-g(c), Article III, Texas
4646 Constitution, is allocated to the fund, whichever occurs first.
4747 (c) For the purposes of Section 49-g(c-2), Article III,
4848 Texas Constitution, the comptroller shall adjust the allocation
4949 provided by Section 49-g(c-1) of that article so that [of amounts to
5050 be transferred to the fund and to the state highway fund under
5151 Section 49-g(c) of that article in a state fiscal year] beginning
5252 [on or after] September 1, 2037 [2043], the amount allocated for
5353 transfer to the Texas severance tax revenue and oil and natural gas
5454 (Texas STRONG) defense fund under Section 49-g(c-1) of that article
5555 is instead [so that the total of those amounts is] transferred to
5656 the economic stabilization fund.
5757 (d) The [, except that the] comptroller shall reduce a
5858 transfer to the economic stabilization fund required [made] under
5959 Subsection (c) of this section [this subsection] as necessary to
6060 prevent the amount in the fund from exceeding the limit in effect
6161 for that biennium under Section 49-g(g), Article III, Texas
6262 Constitution [of that article].
6363 (e) [(d)] Subsections (a) and (b) and this subsection
6464 expire December 31, 2036 [2042].
6565 SECTION 6. Subchapter G, Chapter 403, Government Code, is
6666 amended by adding Section 403.108 to read as follows:
6767 Sec. 403.108. TEXAS SEVERANCE TAX REVENUE AND OIL AND
6868 NATURAL GAS (TEXAS STRONG) DEFENSE FUND; GRANT PROGRAM. (a) In
6969 this section:
7070 (1) "Fund" means the Texas severance tax revenue and
7171 oil and natural gas (Texas STRONG) defense fund under Section
7272 49-g-1, Article III, Texas Constitution.
7373 (2) "Qualifying county" means a county in which the
7474 amount of oil and gas production taxes collected by the comptroller
7575 during the preceding two state fiscal years is at least 0.5 percent
7676 of the total amount of those taxes collected in the state during
7777 that same period.
7878 (b) Money in the fund may be appropriated by the legislature
7979 only to:
8080 (1) the governor for the purpose of implementing,
8181 administering, and funding the grant program established under
8282 Subsection (c);
8383 (2) the Texas Department of Transportation for the
8484 purpose of making grants under Subchapter C, Chapter 256,
8585 Transportation Code, to a qualifying county or a county in which a
8686 port authority or navigation district is engaged in oil or gas
8787 production, refinement, or export, notwithstanding any other
8888 provision of that subchapter;
8989 (3) the trusteed programs within the office of the
9090 governor for the purpose of meeting economic development needs in
9191 qualifying counties; and
9292 (4) the Department of Public Safety for the purposes
9393 of:
9494 (A) paying the salaries, benefit costs, and other
9595 costs associated with additional full-time equivalent department
9696 employees stationed in qualifying counties;
9797 (B) paying salary increases to department
9898 employees stationed in qualifying counties; or
9999 (C) providing additional resources for the
100100 enforcement of commercial motor vehicle safety standards under
101101 Chapter 644, Transportation Code, and the prevention of gang
102102 violence and human trafficking, in qualifying counties.
103103 (c) Subject to Subsection (d), the governor by rule shall:
104104 (1) establish a grant program using money received
105105 from the fund to address the effects of and needs associated with
106106 significant oil and gas production in this state by providing
107107 financial assistance to nonprofit organizations, public
108108 institutions of higher education, school districts, and other
109109 political subdivisions;
110110 (2) develop an application process for grants made
111111 under the program; and
112112 (3) prioritize grants for first responders, emergency
113113 and trauma care services, health care and mental health care
114114 services, educational opportunities, and workforce preparedness
115115 needs.
116116 (d) In awarding grants under the grant program established
117117 under Subsection (c), the governor shall give priority to an
118118 applicant located in a qualifying county or a county in which a port
119119 authority or navigation district is engaged in oil or gas
120120 production, refinement, or export.
121121 SECTION 7. Section 386.250(b), Health and Safety Code, is
122122 amended to read as follows:
123123 (b) The fund consists of:
124124 (1) the amount of money deposited to the credit of the
125125 fund under:
126126 (A) Section 386.056;
127127 (B) Sections 151.0515 and 152.0215, Tax Code; and
128128 (C) Sections 501.138, 502.358, and 548.5055,
129129 Transportation Code; [and]
130130 (2) money transferred to the fund under Section
131131 49-g(c), Article III, Texas Constitution; and
132132 (3) grant money recaptured under Section 386.111(d)
133133 and Chapter 391.
134134 SECTION 8. This Act takes effect September 1, 2027, but only
135135 if the constitutional amendment proposed by the 89th Legislature,
136136 Regular Session, 2025, providing for the creation of the Texas
137137 severance tax revenue and oil and natural gas (Texas STRONG)
138138 defense fund, dedicating the money in that fund to benefit areas of
139139 the state significantly affected by oil and gas production, and
140140 providing for the transfer of certain general revenues to that
141141 fund, the economic stabilization fund, and certain other funds and
142142 accounts is approved by the voters. If that amendment is not
143143 approved by the voters, this Act has no effect.