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A BILL TO BE ENTITLED
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AN ACT
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relating to the allocation of certain constitutional transfers of |
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money to certain funds and accounts, including the Texas severance |
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tax revenue and oil and natural gas (Texas STRONG) defense fund, and |
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to the permissible uses of money deposited to the Texas severance |
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tax revenue and oil and natural gas (Texas STRONG) defense fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter H, Chapter 316, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER H. ALLOCATION OF CONSTITUTIONAL TRANSFERS TO CERTAIN |
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FUNDS [ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND] |
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SECTION 2. The heading to Section 316.092, Government Code, |
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is amended to read as follows: |
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Sec. 316.092. DETERMINATION OF THRESHOLD FOR |
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CONSTITUTIONAL TRANSFER TO CERTAIN FUNDS [STATE HIGHWAY FUND]. |
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SECTION 3. Section 316.092(b), Government Code, is amended |
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to read as follows: |
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(b) This section expires December 31, 2036 [2042]. |
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SECTION 4. The heading to Section 316.093, Government Code, |
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is amended to read as follows: |
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Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO |
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CERTAIN FUNDS [FUND AND STATE HIGHWAY FUND]. |
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SECTION 5. Section 316.093, Government Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (e) to |
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read as follows: |
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(b) If the sum described by Subsection (a) is less than the |
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amount determined under Section 316.092 for that state fiscal |
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biennium, the comptroller shall reduce proportionately the |
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allocations [allocation] to the state highway fund, the oil and gas |
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regulation and cleanup account, the Texas emissions reduction plan |
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fund, and the Texas severance tax revenue and oil and natural gas |
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(Texas STRONG) defense fund as provided by Section 49-g(c-1) |
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[49-g(c)], Article III, Texas Constitution, and increase the |
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allocation to the economic stabilization fund[,] in an [equal] |
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amount equal to the reduction of those allocations[,] until the |
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amount determined under Section 316.092 for that state fiscal |
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biennium would be achieved by the transfer to the fund or the total |
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amount of the sum described by Section 49-g(c), Article III, Texas |
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Constitution, is allocated to the fund, whichever occurs first. |
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(c) For the purposes of Section 49-g(c-2), Article III, |
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Texas Constitution, the comptroller shall adjust the allocation |
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provided by Section 49-g(c-1) of that article so that [of amounts to |
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be transferred to the fund and to the state highway fund under |
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Section 49-g(c) of that article in a state fiscal year] beginning |
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[on or after] September 1, 2037 [2043], the amount allocated for |
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transfer to the Texas severance tax revenue and oil and natural gas |
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(Texas STRONG) defense fund under Section 49-g(c-1) of that article |
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is instead [so that the total of those amounts is] transferred to |
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the economic stabilization fund. |
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(d) The [, except that the] comptroller shall reduce a |
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transfer to the economic stabilization fund required [made] under |
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Subsection (c) of this section [this subsection] as necessary to |
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prevent the amount in the fund from exceeding the limit in effect |
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for that biennium under Section 49-g(g), Article III, Texas |
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Constitution [of that article]. |
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(e) [(d)] Subsections (a) and (b) and this subsection |
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expire December 31, 2036 [2042]. |
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SECTION 6. Subchapter G, Chapter 403, Government Code, is |
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amended by adding Section 403.108 to read as follows: |
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Sec. 403.108. TEXAS SEVERANCE TAX REVENUE AND OIL AND |
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NATURAL GAS (TEXAS STRONG) DEFENSE FUND; GRANT PROGRAM. (a) In |
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this section: |
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(1) "Fund" means the Texas severance tax revenue and |
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oil and natural gas (Texas STRONG) defense fund under Section |
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49-g-1, Article III, Texas Constitution. |
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(2) "Qualifying county" means a county in which the |
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amount of oil and gas production taxes collected by the comptroller |
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during the preceding two state fiscal years is at least 0.5 percent |
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of the total amount of those taxes collected in the state during |
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that same period. |
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(b) Money in the fund may be appropriated by the legislature |
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only to: |
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(1) the governor for the purpose of implementing, |
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administering, and funding the grant program established under |
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Subsection (c); |
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(2) the Texas Department of Transportation for the |
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purpose of making grants under Subchapter C, Chapter 256, |
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Transportation Code, to a qualifying county or a county in which a |
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port authority or navigation district is engaged in oil or gas |
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production, refinement, or export, notwithstanding any other |
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provision of that subchapter; |
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(3) the trusteed programs within the office of the |
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governor for the purpose of meeting economic development needs in |
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qualifying counties; and |
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(4) the Department of Public Safety for the purposes |
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of: |
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(A) paying the salaries, benefit costs, and other |
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costs associated with additional full-time equivalent department |
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employees stationed in qualifying counties; |
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(B) paying salary increases to department |
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employees stationed in qualifying counties; or |
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(C) providing additional resources for the |
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enforcement of commercial motor vehicle safety standards under |
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Chapter 644, Transportation Code, and the prevention of gang |
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violence and human trafficking, in qualifying counties. |
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(c) Subject to Subsection (d), the governor by rule shall: |
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(1) establish a grant program using money received |
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from the fund to address the effects of and needs associated with |
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significant oil and gas production in this state by providing |
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financial assistance to nonprofit organizations, public |
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institutions of higher education, school districts, and other |
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political subdivisions; |
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(2) develop an application process for grants made |
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under the program; and |
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(3) prioritize grants for first responders, emergency |
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and trauma care services, health care and mental health care |
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services, educational opportunities, and workforce preparedness |
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needs. |
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(d) In awarding grants under the grant program established |
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under Subsection (c), the governor shall give priority to an |
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applicant located in a qualifying county or a county in which a port |
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authority or navigation district is engaged in oil or gas |
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production, refinement, or export. |
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SECTION 7. Section 386.250(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The fund consists of: |
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(1) the amount of money deposited to the credit of the |
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fund under: |
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(A) Section 386.056; |
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(B) Sections 151.0515 and 152.0215, Tax Code; and |
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(C) Sections 501.138, 502.358, and 548.5055, |
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Transportation Code; [and] |
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(2) money transferred to the fund under Section |
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49-g(c), Article III, Texas Constitution; and |
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(3) grant money recaptured under Section 386.111(d) |
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and Chapter 391. |
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SECTION 8. This Act takes effect September 1, 2027, but only |
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if the constitutional amendment proposed by the 89th Legislature, |
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Regular Session, 2025, providing for the creation of the Texas |
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severance tax revenue and oil and natural gas (Texas STRONG) |
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defense fund, dedicating the money in that fund to benefit areas of |
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the state significantly affected by oil and gas production, and |
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providing for the transfer of certain general revenues to that |
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fund, the economic stabilization fund, and certain other funds and |
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accounts is approved by the voters. If that amendment is not |
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approved by the voters, this Act has no effect. |