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A JOINT RESOLUTION
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proposing a constitutional amendment providing for the creation of |
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and use of money in the generate recurring oil wealth for Texas |
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(GROW Texas) fund and allocating certain general revenues to that |
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fund, the economic stabilization fund, and the state highway fund. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49-g, Article III, Texas Constitution, |
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is amended by amending Subsections (c), (c-1), and (c-2) and adding |
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Subsection (c-3) to read as follows: |
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(c) Not later than the 90th day of each fiscal year, the |
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comptroller of public accounts shall transfer from the general |
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revenue fund to the economic stabilization fund, [and] the state |
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highway fund, and the generate recurring oil wealth for Texas (GROW |
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Texas) fund the sum of the amounts described by Subsections (d) and |
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(e) of this section, to be allocated as provided by Subsections |
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(c-1), [and] (c-2), and (c-3) of this section. However, if |
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necessary and notwithstanding the allocations prescribed by |
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Subsections (c-1), [and] (c-2), and (c-3) of this section, the |
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comptroller shall reduce proportionately the amounts described by |
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Subsections (d) and (e) of this section to be transferred and |
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allocated to the economic stabilization fund to prevent the amount |
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in that fund from exceeding the limit in effect for that biennium |
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under Subsection (g) of this section. Revenue transferred to the |
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state highway fund under this subsection may be used only for |
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constructing, maintaining, and acquiring rights-of-way for public |
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roadways other than toll roads. |
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(c-1) Of the sum of the amounts described by Subsections (d) |
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and (e) of this section and required to be transferred from the |
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general revenue fund under Subsection (c) of this section, the |
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comptroller shall allocate one-half to the economic stabilization |
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fund and the remainder to the state highway fund, except as provided |
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by Subsections [Subsection] (c-2) and (c-3) of this section. |
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(c-2) The legislature by general law shall provide for a |
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procedure by which the allocations prescribed by Subsections (c-1) |
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and (c-3) [allocation of the sum of the amounts described by
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Subsections (d) and (e)] of this section may be adjusted to provide |
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for a transfer to the economic stabilization fund of an amount |
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greater than the allocations [allocation] provided for under those |
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subsections [Subsection (c-1) of this section with the remainder of
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that sum, if any, allocated for transfer to the state highway fund]. |
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The allocations [allocation] made as provided by that general law |
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are [is] binding on the comptroller for the purposes of the |
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transfers required by Subsection (c) of this section. |
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(c-3) Each time the comptroller determines the amount of |
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general revenue to be allocated for transfer to the economic |
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stabilization fund under Subsection (c-1) of this section, the |
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comptroller shall reduce by 12 percent the amount of that transfer |
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and at the same time transfer to the credit of the generate |
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recurring oil wealth for Texas (GROW Texas) fund an amount of |
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general revenue equal to the amount by which the comptroller |
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reduced the amount of the transfer to the economic stabilization |
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fund, provided that the total amount transferred to the generate |
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recurring oil wealth for Texas (GROW Texas) fund under this |
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subsection may not exceed $250 million in a state fiscal biennium. |
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For purposes of determining the amount of the transfer to the |
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generate recurring oil wealth for Texas (GROW Texas) fund under |
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this subsection, the comptroller may not consider any amount by |
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which the amount transferred to the economic stabilization fund is |
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increased under Subsection (c-2) of this section. |
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SECTION 2. Article III, Texas Constitution, is amended by |
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adding Section 49-g-3 to read as follows: |
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Sec. 49-g-3. (a) The generate recurring oil wealth for |
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Texas (GROW Texas) fund is established as a fund in the state |
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treasury. |
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(b) The generate recurring oil wealth for Texas (GROW Texas) |
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fund consists of: |
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(1) money transferred to the fund under Section 49-g |
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of this article; |
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(2) money appropriated to the fund by the legislature; |
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(3) money that the legislature by statute dedicates |
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for deposit to the credit of the fund; |
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(4) gifts or grants contributed to the fund; and |
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(5) investment earnings and interest earned on amounts |
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credited to the fund. |
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(c) The legislature may appropriate money from the generate |
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recurring oil wealth for Texas (GROW Texas) fund only for use in |
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areas of the state from which oil and gas are produced and only to |
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address infrastructure needs in the manner provided by general law |
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in areas of the state determined by the legislature to be |
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significantly affected by oil and gas production. General law |
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enacted under this subsection may provide for the appropriation of |
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money in the fund to make grants to state agencies and political |
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subdivisions of the state for a purpose authorized by this |
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subsection. |
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(d) On the last day of each state fiscal biennium, the |
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comptroller of public accounts shall transfer any unobligated and |
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unappropriated money that remains in the fund on that date to the |
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economic stabilization fund. |
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(e) The generate recurring oil wealth for Texas (GROW Texas) |
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fund commission is created to administer money appropriated from |
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the fund and to advise the legislature on making appropriations |
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from the fund. The commission consists of seven members who serve |
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four-year terms beginning September 1 of each odd-numbered year. |
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The lieutenant governor shall appoint two members of the senate to |
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the commission. The speaker of the house of representatives shall |
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appoint two members of the house of representatives to the |
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commission. The governor shall appoint three members of the public |
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to the commission and shall designate the presiding officer of the |
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commission. A vacancy on the commission shall be filled in the same |
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manner as the original appointment for the unexpired term. Members |
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of the commission are not entitled to compensation for service on |
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the commission but are entitled to reimbursement of expenses |
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incurred while performing duties as commission members. |
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SECTION 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 86th Legislature, |
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Regular Session, 2019, providing for the creation of the generate |
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recurring oil wealth for Texas (GROW Texas) fund, dedicating the |
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money in that fund to benefit areas of the state from which oil and |
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gas are produced, and providing for the transfer of certain general |
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revenues to that fund, the economic stabilization fund, and the |
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state highway fund. |
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(b) Section 49-g-3, Article III, of this constitution, as |
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added by the amendment, and the amendment to Section 49-g, Article |
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III, of this constitution, take effect September 1, 2021. |
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(c) This temporary provision expires September 1, 2022. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2019. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment providing for the |
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creation of the generate recurring oil wealth for Texas (GROW |
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Texas) fund, dedicating the money in that fund to benefit areas of |
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the state from which oil and gas are produced, and providing for the |
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transfer of certain general revenues to that fund, the economic |
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stabilization fund, and the state highway fund." |