1 | 1 | | 89R260 CJC-D |
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2 | 2 | | By: Blanco S.B. No. 1001 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the allocation of certain constitutional transfers of |
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10 | 10 | | money to certain funds and accounts, including the Texas severance |
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11 | 11 | | tax revenue and oil and natural gas (Texas STRONG) defense fund, and |
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12 | 12 | | to the permissible uses of money deposited to the Texas severance |
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13 | 13 | | tax revenue and oil and natural gas (Texas STRONG) defense fund. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. The heading to Subchapter H, Chapter 316, |
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16 | 16 | | Government Code, is amended to read as follows: |
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17 | 17 | | SUBCHAPTER H. ALLOCATION OF CONSTITUTIONAL TRANSFERS TO CERTAIN |
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18 | 18 | | FUNDS [ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND] |
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19 | 19 | | SECTION 2. The heading to Section 316.092, Government Code, |
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20 | 20 | | is amended to read as follows: |
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21 | 21 | | Sec. 316.092. DETERMINATION OF THRESHOLD FOR |
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22 | 22 | | CONSTITUTIONAL TRANSFER TO CERTAIN FUNDS [STATE HIGHWAY FUND]. |
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23 | 23 | | SECTION 3. Section 316.092(b), Government Code, is amended |
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24 | 24 | | to read as follows: |
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25 | 25 | | (b) This section expires December 31, 2036 [2042]. |
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26 | 26 | | SECTION 4. The heading to Section 316.093, Government Code, |
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27 | 27 | | is amended to read as follows: |
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28 | 28 | | Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO |
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29 | 29 | | CERTAIN FUNDS [FUND AND STATE HIGHWAY FUND]. |
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30 | 30 | | SECTION 5. Section 316.093, Government Code, is amended by |
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31 | 31 | | amending Subsections (b), (c), and (d) and adding Subsection (e) to |
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32 | 32 | | read as follows: |
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33 | 33 | | (b) If the sum described by Subsection (a) is less than the |
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34 | 34 | | amount determined under Section 316.092 for that state fiscal |
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35 | 35 | | biennium, the comptroller shall reduce proportionately the |
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36 | 36 | | allocations [allocation] to the state highway fund, the oil and gas |
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37 | 37 | | regulation and cleanup account, the Texas emissions reduction plan |
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38 | 38 | | fund, and the Texas severance tax revenue and oil and natural gas |
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39 | 39 | | (Texas STRONG) defense fund as provided by Section 49-g(c-1) |
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40 | 40 | | [49-g(c)], Article III, Texas Constitution, and increase the |
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41 | 41 | | allocation to the economic stabilization fund[,] in an [equal] |
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42 | 42 | | amount equal to the reduction of those allocations[,] until the |
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43 | 43 | | amount determined under Section 316.092 for that state fiscal |
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44 | 44 | | biennium would be achieved by the transfer to the fund or the total |
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45 | 45 | | amount of the sum described by Section 49-g(c), Article III, Texas |
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46 | 46 | | Constitution, is allocated to the fund, whichever occurs first. |
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47 | 47 | | (c) For the purposes of Section 49-g(c-2), Article III, |
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48 | 48 | | Texas Constitution, the comptroller shall adjust the allocation |
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49 | 49 | | provided by Section 49-g(c-1) of that article so that [of amounts to |
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50 | 50 | | be transferred to the fund and to the state highway fund under |
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51 | 51 | | Section 49-g(c) of that article in a state fiscal year] beginning |
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52 | 52 | | [on or after] September 1, 2037 [2043], the amount allocated for |
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53 | 53 | | transfer to the Texas severance tax revenue and oil and natural gas |
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54 | 54 | | (Texas STRONG) defense fund under Section 49-g(c-1) of that article |
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55 | 55 | | is instead [so that the total of those amounts is] transferred to |
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56 | 56 | | the economic stabilization fund. |
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57 | 57 | | (d) The [, except that the] comptroller shall reduce a |
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58 | 58 | | transfer to the economic stabilization fund required [made] under |
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59 | 59 | | Subsection (c) of this section [this subsection] as necessary to |
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60 | 60 | | prevent the amount in the fund from exceeding the limit in effect |
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61 | 61 | | for that biennium under Section 49-g(g), Article III, Texas |
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62 | 62 | | Constitution [of that article]. |
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63 | 63 | | (e) [(d)] Subsections (a) and (b) and this subsection |
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64 | 64 | | expire December 31, 2036 [2042]. |
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65 | 65 | | SECTION 6. Subchapter G, Chapter 403, Government Code, is |
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66 | 66 | | amended by adding Section 403.108 to read as follows: |
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67 | 67 | | Sec. 403.108. TEXAS SEVERANCE TAX REVENUE AND OIL AND |
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68 | 68 | | NATURAL GAS (TEXAS STRONG) DEFENSE FUND; GRANT PROGRAM. (a) In |
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69 | 69 | | this section: |
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70 | 70 | | (1) "Fund" means the Texas severance tax revenue and |
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71 | 71 | | oil and natural gas (Texas STRONG) defense fund under Section |
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72 | 72 | | 49-g-1, Article III, Texas Constitution. |
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73 | 73 | | (2) "Qualifying county" means a county in which the |
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74 | 74 | | amount of oil and gas production taxes collected by the comptroller |
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75 | 75 | | during the preceding two state fiscal years is at least 0.5 percent |
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76 | 76 | | of the total amount of those taxes collected in the state during |
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77 | 77 | | that same period. |
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78 | 78 | | (b) Money in the fund may be appropriated by the legislature |
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79 | 79 | | only to: |
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80 | 80 | | (1) the governor for the purpose of implementing, |
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81 | 81 | | administering, and funding the grant program established under |
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82 | 82 | | Subsection (c); |
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83 | 83 | | (2) the Texas Department of Transportation for the |
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84 | 84 | | purpose of making grants under Subchapter C, Chapter 256, |
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85 | 85 | | Transportation Code, to a qualifying county or a county in which a |
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86 | 86 | | port authority or navigation district is engaged in oil or gas |
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87 | 87 | | production, refinement, or export, notwithstanding any other |
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88 | 88 | | provision of that subchapter; |
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89 | 89 | | (3) the trusteed programs within the office of the |
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90 | 90 | | governor for the purpose of meeting economic development needs in |
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91 | 91 | | qualifying counties; and |
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92 | 92 | | (4) the Department of Public Safety for the purposes |
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93 | 93 | | of: |
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94 | 94 | | (A) paying the salaries, benefit costs, and other |
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95 | 95 | | costs associated with additional full-time equivalent department |
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96 | 96 | | employees stationed in qualifying counties; |
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97 | 97 | | (B) paying salary increases to department |
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98 | 98 | | employees stationed in qualifying counties; or |
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99 | 99 | | (C) providing additional resources for the |
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100 | 100 | | enforcement of commercial motor vehicle safety standards under |
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101 | 101 | | Chapter 644, Transportation Code, and the prevention of gang |
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102 | 102 | | violence and human trafficking, in qualifying counties. |
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103 | 103 | | (c) Subject to Subsection (d), the governor by rule shall: |
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104 | 104 | | (1) establish a grant program using money received |
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105 | 105 | | from the fund to address the effects of and needs associated with |
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106 | 106 | | significant oil and gas production in this state by providing |
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107 | 107 | | financial assistance to nonprofit organizations, public |
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108 | 108 | | institutions of higher education, school districts, and other |
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109 | 109 | | political subdivisions; |
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110 | 110 | | (2) develop an application process for grants made |
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111 | 111 | | under the program; and |
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112 | 112 | | (3) prioritize grants for first responders, emergency |
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113 | 113 | | and trauma care services, health care and mental health care |
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114 | 114 | | services, educational opportunities, and workforce preparedness |
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115 | 115 | | needs. |
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116 | 116 | | (d) In awarding grants under the grant program established |
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117 | 117 | | under Subsection (c), the governor shall give priority to an |
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118 | 118 | | applicant located in a qualifying county or a county in which a port |
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119 | 119 | | authority or navigation district is engaged in oil or gas |
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120 | 120 | | production, refinement, or export. |
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121 | 121 | | SECTION 7. Section 386.250(b), Health and Safety Code, is |
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122 | 122 | | amended to read as follows: |
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123 | 123 | | (b) The fund consists of: |
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124 | 124 | | (1) the amount of money deposited to the credit of the |
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125 | 125 | | fund under: |
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126 | 126 | | (A) Section 386.056; |
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127 | 127 | | (B) Sections 151.0515 and 152.0215, Tax Code; and |
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128 | 128 | | (C) Sections 501.138, 502.358, and 548.5055, |
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129 | 129 | | Transportation Code; [and] |
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130 | 130 | | (2) money transferred to the fund under Section |
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131 | 131 | | 49-g(c), Article III, Texas Constitution; and |
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132 | 132 | | (3) grant money recaptured under Section 386.111(d) |
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133 | 133 | | and Chapter 391. |
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134 | 134 | | SECTION 8. This Act takes effect September 1, 2027, but only |
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135 | 135 | | if the constitutional amendment proposed by the 89th Legislature, |
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136 | 136 | | Regular Session, 2025, providing for the creation of the Texas |
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137 | 137 | | severance tax revenue and oil and natural gas (Texas STRONG) |
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138 | 138 | | defense fund, dedicating the money in that fund to benefit areas of |
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139 | 139 | | the state significantly affected by oil and gas production, and |
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140 | 140 | | providing for the transfer of certain general revenues to that |
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141 | 141 | | fund, the economic stabilization fund, and certain other funds and |
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142 | 142 | | accounts is approved by the voters. If that amendment is not |
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143 | 143 | | approved by the voters, this Act has no effect. |
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