1 | 1 | | 89R808 CJC-D |
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2 | 2 | | By: Craddick H.J.R. No. 35 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment providing for the creation of |
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9 | 9 | | and use of money in the Grow Texas fund and allocating certain |
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10 | 10 | | general revenues to that fund, the economic stabilization fund, and |
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11 | 11 | | the state highway fund. |
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12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 49-g, Article III, Texas Constitution, |
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14 | 14 | | is amended by amending Subsections (c), (c-1), and (c-2) and adding |
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15 | 15 | | Subsection (c-3) to read as follows: |
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16 | 16 | | (c) Not later than the 90th day of each fiscal year, the |
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17 | 17 | | comptroller of public accounts shall transfer from the general |
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18 | 18 | | revenue fund to the economic stabilization fund, [and] the state |
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19 | 19 | | highway fund, and the Grow Texas fund the sum of the amounts |
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20 | 20 | | described by Subsections (d) and (e) of this section, to be |
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21 | 21 | | allocated as provided by Subsections (c-1), [and] (c-2), and (c-3) |
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22 | 22 | | of this section. However, if necessary and notwithstanding the |
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23 | 23 | | allocations prescribed by Subsections (c-1), [and] (c-2), and (c-3) |
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24 | 24 | | of this section, the comptroller shall reduce proportionately the |
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25 | 25 | | amounts described by Subsections (d) and (e) of this section to be |
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26 | 26 | | transferred and allocated to the economic stabilization fund to |
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27 | 27 | | prevent the amount in that fund from exceeding the limit in effect |
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28 | 28 | | for that biennium under Subsection (g) of this section. Revenue |
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29 | 29 | | transferred to the state highway fund under this subsection may be |
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30 | 30 | | used only for constructing, maintaining, and acquiring |
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31 | 31 | | rights-of-way for public roadways other than toll roads. |
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32 | 32 | | (c-1) Of the sum of the amounts described by Subsections (d) |
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33 | 33 | | and (e) of this section and required to be transferred from the |
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34 | 34 | | general revenue fund under Subsection (c) of this section, the |
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35 | 35 | | comptroller shall allocate one-half to the economic stabilization |
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36 | 36 | | fund and the remainder to the state highway fund, except as provided |
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37 | 37 | | by Subsections [Subsection] (c-2) and (c-3) of this section. |
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38 | 38 | | (c-2) The legislature by general law shall provide for a |
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39 | 39 | | procedure by which the allocations prescribed by Subsections (c-1) |
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40 | 40 | | and (c-3) [allocation of the sum of the amounts described by |
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41 | 41 | | Subsections (d) and (e)] of this section may be adjusted to provide |
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42 | 42 | | for a transfer to the economic stabilization fund of an amount |
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43 | 43 | | greater than the allocations [allocation] provided for under those |
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44 | 44 | | subsections [Subsection (c-1) of this section with the remainder of |
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45 | 45 | | that sum, if any, allocated for transfer to the state highway fund]. |
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46 | 46 | | The allocations [allocation] made as provided by that general law |
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47 | 47 | | are [is] binding on the comptroller for the purposes of the |
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48 | 48 | | transfers required by Subsection (c) of this section. |
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49 | 49 | | (c-3) Each time the comptroller determines the amount of |
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50 | 50 | | general revenue to be allocated for transfer to the economic |
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51 | 51 | | stabilization fund under Subsection (c-1) of this section, the |
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52 | 52 | | comptroller shall reduce by 12 percent the amount of that transfer |
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53 | 53 | | and at the same time transfer to the credit of the Grow Texas fund an |
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54 | 54 | | amount of general revenue equal to the amount by which the |
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55 | 55 | | comptroller reduced the amount of the transfer to the economic |
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56 | 56 | | stabilization fund, provided that the total amount transferred to |
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57 | 57 | | the Grow Texas fund under this subsection may not exceed $250 |
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58 | 58 | | million in a state fiscal biennium. For purposes of determining the |
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59 | 59 | | amount of the transfer to the Grow Texas fund under this subsection, |
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60 | 60 | | the comptroller may not consider any amount by which the amount |
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61 | 61 | | transferred to the economic stabilization fund is increased under |
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62 | 62 | | Subsection (c-2) of this section. |
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63 | 63 | | SECTION 2. Article III, Texas Constitution, is amended by |
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64 | 64 | | adding Section 49-g-1 to read as follows: |
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65 | 65 | | Sec. 49-g-1. (a) The Grow Texas fund is established as a |
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66 | 66 | | fund in the state treasury. |
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67 | 67 | | (b) The Grow Texas fund consists of: |
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68 | 68 | | (1) money transferred to the fund under Section 49-g |
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69 | 69 | | of this article; |
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70 | 70 | | (2) money appropriated to the fund by the legislature; |
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71 | 71 | | (3) money that the legislature by statute dedicates |
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72 | 72 | | for deposit to the credit of the fund; |
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73 | 73 | | (4) money received from the federal government that |
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74 | 74 | | may be used for a purpose for which money in the fund may be used and |
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75 | 75 | | that is transferred or deposited to the credit of the fund by the |
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76 | 76 | | legislature; |
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77 | 77 | | (5) gifts or grants contributed to the fund; and |
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78 | 78 | | (6) investment earnings and interest earned on amounts |
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79 | 79 | | credited to the fund. |
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80 | 80 | | (c) The legislature may appropriate money from the Grow |
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81 | 81 | | Texas fund only for use in areas of the state from which oil and gas |
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82 | 82 | | are produced and only to address infrastructure needs in the manner |
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83 | 83 | | provided by general law in areas of the state determined by the |
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84 | 84 | | legislature to be significantly affected by oil and gas production. |
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85 | 85 | | General law enacted under this subsection may provide for the |
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86 | 86 | | appropriation of money in the fund to make grants to state agencies |
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87 | 87 | | and political subdivisions of the state for a purpose authorized by |
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88 | 88 | | this subsection. |
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89 | 89 | | (d) On the last day of each state fiscal biennium, the |
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90 | 90 | | comptroller of public accounts shall transfer any unobligated and |
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91 | 91 | | unappropriated money that remains in the Grow Texas fund on that |
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92 | 92 | | date to the economic stabilization fund. |
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93 | 93 | | (e) The Grow Texas fund commission is created to administer |
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94 | 94 | | money appropriated from the fund and to advise the legislature on |
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95 | 95 | | making appropriations from the fund. The commission consists of |
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96 | 96 | | seven members who serve four-year terms beginning September 1 of |
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97 | 97 | | each odd-numbered year. The lieutenant governor shall appoint two |
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98 | 98 | | members of the senate to the commission. The speaker of the house |
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99 | 99 | | of representatives shall appoint two members of the house of |
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100 | 100 | | representatives to the commission. The governor shall appoint |
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101 | 101 | | three members of the public to the commission and shall designate |
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102 | 102 | | the presiding officer of the commission. A vacancy on the |
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103 | 103 | | commission shall be filled in the same manner as the original |
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104 | 104 | | appointment for the unexpired term. Members of the commission are |
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105 | 105 | | not entitled to compensation for service on the commission but are |
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106 | 106 | | entitled to reimbursement of expenses incurred while performing |
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107 | 107 | | duties as commission members. |
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108 | 108 | | SECTION 3. The following temporary provision is added to |
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109 | 109 | | the Texas Constitution: |
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110 | 110 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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111 | 111 | | to the constitutional amendment proposed by the 89th Legislature, |
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112 | 112 | | Regular Session, 2025, providing for the creation of the Grow Texas |
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113 | 113 | | fund, dedicating the money in that fund to benefit areas of the |
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114 | 114 | | state from which oil and gas are produced, and providing for the |
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115 | 115 | | transfer of certain general revenues to that fund, the economic |
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116 | 116 | | stabilization fund, and the state highway fund. |
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117 | 117 | | (b) Section 49-g-1, Article III, of this constitution, as |
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118 | 118 | | added by the amendment, and the amendment to Section 49-g, Article |
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119 | 119 | | III, of this constitution, take effect September 1, 2027. |
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120 | 120 | | (c) This temporary provision expires September 1, 2028. |
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121 | 121 | | SECTION 4. This proposed constitutional amendment shall be |
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122 | 122 | | submitted to the voters at an election to be held November 4, 2025. |
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123 | 123 | | The ballot shall be printed to permit voting for or against the |
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124 | 124 | | proposition: "The constitutional amendment providing for the |
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125 | 125 | | creation of the Grow Texas fund, dedicating the money in that fund |
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126 | 126 | | to benefit areas of the state from which oil and gas are produced, |
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127 | 127 | | and providing for the transfer of certain general revenues to that |
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128 | 128 | | fund, the economic stabilization fund, and the state highway fund." |
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