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proposing a constitutional amendment providing for the creation of |
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the Texas energy fund to support the construction, maintenance, |
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modernization, and operation of electric generating facilities. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 49-q to read as follows: |
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Sec. 49-q. (a) The Texas energy fund is created as a |
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special fund in the state treasury outside the general revenue |
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fund. |
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(b) As provided by general law, money in the Texas energy |
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fund may be administered and used, without further appropriation, |
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only by the Public Utility Commission of Texas or that commission's |
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successor in function to provide loans and grants to any entity to |
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finance or incentivize the construction, maintenance, |
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modernization, and operation of electric generating facilities, |
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including associated infrastructure, necessary to ensure the |
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reliability or adequacy of an electric power grid in this state. |
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The commission shall allocate money from the fund for loans and |
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grants to eligible projects: |
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(1) for electric generating facilities that serve as |
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backup power sources; and |
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(2) in each region of the state that is part of an |
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electric power grid in proportion to that region's load share. |
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(c) The entity administering the Texas energy fund may |
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establish separate accounts in the fund as necessary or convenient |
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for the fund's administration. |
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(d) The Texas energy fund consists of: |
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(1) money credited, appropriated, or transferred to |
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the fund by or as authorized by the legislature; |
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(2) revenue that the legislature dedicates for deposit |
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to the credit of the fund; |
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(3) the returns received from the investment of the |
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money in the fund; and |
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(4) gifts, grants, and donations contributed to the |
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credit of the fund. |
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(e) The reasonable expenses of managing the Texas energy |
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fund's assets shall be paid from the fund. |
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(f) The legislature by a provision of a general |
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appropriations act may provide for the transfer to the general |
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revenue fund of money that is subject to this section. |
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(g) The legislature may appropriate general revenue for the |
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purpose of depositing money to the credit of the Texas energy fund |
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to be used for the purposes of that fund. |
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(h) For purposes of Section 22, Article VIII, of this |
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constitution: |
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(1) money in the Texas energy fund is dedicated by this |
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constitution; and |
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(2) an appropriation of state tax revenues for the |
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purpose of depositing money to the credit of the Texas energy fund |
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is treated as if it were an appropriation of revenues dedicated by |
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this constitution. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2023. |
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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 Texas energy fund to support the construction, |
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maintenance, modernization, and operation of electric generating |
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facilities." |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.J.R. No. 93 was adopted by the Senate |
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on May 4, 2023, by the following vote: Yeas 27, Nays 4; and that |
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the Senate concurred in House amendment on May 28, 2023, by the |
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following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.J.R. No. 93 was adopted by the House, |
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with amendment, on May 22, 2023, by the following vote: Yeas 103, |
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Nays 35, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Received: |
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______________________________ |
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Date |
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______________________________ |
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Secretary of State |