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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 83rd Legislature, 2nd Called Session, 2013, That House Rule |
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13, Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 16 (the creation and |
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functions of legislative select committees on transportation |
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funding, expenditures, and finance and to the preservation of a |
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sufficient balance in the economic stabilization fund) to consider |
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and take action on the following matters: |
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(1) House Rule 13, Sections 9(a)(1) and (2), are suspended |
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to permit the committee to change, alter, amend, and omit text which |
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is not in disagreement in Section 1 of the bill to read as follows: |
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SECTION 1. (a) The speaker of the house of representatives |
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shall appoint nine members to a House Select Committee on |
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Transportation Funding, Expenditures, and Finance and designate |
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one member as chair. The lieutenant governor shall appoint nine |
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members to a Senate Select Committee on Transportation Funding, |
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Expenditures, and Finance and designate one member as chair. The |
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speaker and lieutenant governor shall make the appointments not |
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later than November 30, 2013. |
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(b) The committees established under this section may meet |
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separately at the call of the chair of the committee or jointly at |
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the call of both chairs. In joint meetings, the chairs shall act as |
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joint chairs. |
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(c) The committees established under this section, meeting |
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separately or jointly, shall review, study, and evaluate: |
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(1) the future reliability of all current state |
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transportation funding sources; |
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(2) alternatives that may increase available state |
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funding for surface transportation, including an examination of |
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increases to current surface-transportation-related funding |
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streams and possible diversions of |
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non-surface-transportation-related funding streams toward surface |
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transportation funding; |
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(3) the use of debt financing in state transportation |
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funding, including the uses of the Texas Mobility Fund, and the |
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effects on long-term transportation planning of using debt |
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financing; |
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(4) alternative transportation funding options in use |
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nationally and internationally; |
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(5) current and historic appropriations to the Texas |
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Department of Transportation, including: |
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(A) whether that agency's budget structure best |
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maximizes the application of limited public funds toward highway |
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maintenance and construction; |
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(B) whether there are opportunities to reduce the |
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use of money from the state highway fund by that agency for |
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activities not related to highway maintenance and construction, |
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including such uses as employee salaries and benefits; and |
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(C) possible benefits of developing a budget for |
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that agency for the 2016-2017 state fiscal biennium using |
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zero-based budgeting principles; |
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(6) the uses of the state highway fund for agencies |
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other than the Texas Department of Transportation, including and |
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emphasizing the use of that fund for the Department of Public Safety |
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of the State of Texas; and |
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(7) the original purpose of the economic stabilization |
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fund established by Section 49-g, Article III, Texas Constitution, |
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whether that purpose remains relevant, and whether it remains |
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appropriate to continue using the net amount of oil and gas |
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production taxes received in the 1987 state fiscal year as the basis |
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for making general revenue transfers to the economic stabilization |
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fund. |
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(d) Following consideration of the factors described by |
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Subsection (c) of this section, the committees established under |
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this section shall jointly adopt recommendations related to the |
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reviewed subjects and shall provide a written report of the |
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committees' recommendations on the reviewed subjects to the |
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legislature not later than November 1, 2014. |
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(e) The committees established under this section may |
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exercise any power of a committee of their respective chambers and |
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any powers of a joint committee. For the purposes of this Act, the |
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committees established under this section are considered a joint |
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committee and the cost of operation of each committee may be borne |
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in the same manner as the cost of a joint committee. The Texas |
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Legislative Council may provide funding for the operations of the |
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committees. To the extent not inconsistent with this resolution, |
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the joint rules adopted by the 83rd Legislature for the |
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administration of joint interim legislative study committees apply |
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to the committees established under this section. |
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(f) This section expires January 13, 2015. |
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Explanation: The change is necessary to replace the joint |
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committee and study regarding the economic stabilization fund |
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included as provided by each chamber's version of the bill with |
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select committees to study the matters described by Section 1 of the |
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bill and to provide for the expiration of the select committees. |
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(2) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter which is not included in |
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either the House or Senate version of the bill to read as follows: |
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SECTION 2. (a) Chapter 316, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. PRESERVATION OF SUFFICIENT BALANCE IN ECONOMIC |
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STABILIZATION FUND |
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Sec. 316.091. DEFINITION. In this subchapter: |
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(1) "Board" means the Legislative Budget Board. |
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(2) "Fund" means the economic stabilization fund. |
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Sec. 316.092. DETERMINATION OF SUFFICIENT BALANCE. (a) For |
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the purposes of Section 49-g(c-2), Article III, Texas Constitution, |
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before the board submits the budget as prescribed by Section |
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322.008(c), the board shall determine and adopt for the next state |
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fiscal biennium a sufficient balance of the fund in an amount that |
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the board estimates will ensure an appropriate amount of revenue |
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available in the fund. In determining the sufficient balance for |
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each that fiscal biennium, the board shall consider: |
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(1) the history of fund balances; |
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(2) the history of transfers to the fund; |
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(3) estimated fund balances during that fiscal |
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biennium; |
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(4) estimated transfers to the fund to occur during |
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that fiscal biennium; |
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(5) information available to the board regarding state |
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highway congestion and funding demands; and |
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(6) any other information requested by the board |
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regarding the state's financial condition. |
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(b) On or before October 1 of each even-numbered year, the |
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comptroller shall provide to the board the comptroller's projection |
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of the amounts to be transferred to the fund during the next state |
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fiscal biennium. |
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Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO |
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FUND AND STATE HIGHWAY FUND. (a) Before the comptroller makes |
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transfers for a state fiscal year in accordance with Section |
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49-g(c), Article III, Texas Constitution, the comptroller shall |
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determine whether the sum of the balance of the fund on the |
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preceding August 31, any projected transfer to the fund under |
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Section 49-g(b) of that article, and any projected transfer to the |
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fund under Section 49-g(c) of that article in accordance with the |
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allocations for the transfer as provided by Section 49-g(c-1) of |
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that article is less than the sufficient balance adopted under |
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Section 316.092. |
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(b) If the sum described by Subsection (a) is less than the |
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sufficient balance adopted under Section 316.092, the comptroller |
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shall adjust the allocation of amounts to be transferred to the fund |
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and to the state highway fund as provided by Section 49-g(c), |
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Article III, Texas Constitution, so that: |
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(1) the amount allocated for transfer to the fund is |
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increased by an additional amount equal to the lesser of the |
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remaining one-half of the sum of the amounts allocated for transfer |
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under Sections 49-g (d) and (e) of that article or the amount |
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necessary for the sufficient balance to be reached when considered |
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together with other estimated transfers to the fund during the |
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then-current fiscal year; and |
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(2) the amount allocated for transfer to the state |
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highway fund is reduced by the amount of the increased allocation to |
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the fund under Subdivision (1). |
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(c) If the board has not adopted under Section 316.092 a |
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sufficient balance for the comptroller to consider under this |
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section, the comptroller shall adjust the allocation of amounts to |
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be transferred to the fund and to the state highway fund as provided |
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by Section 49-g(c), Article III, Texas Constitution, so that the |
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total of those amounts are transferred to the economic |
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stabilization fund, except that the comptroller shall reduce a |
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transfer made under this subsection as necessary to prevent the |
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amount in the fund from exceeding the limit in effect for that |
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biennium under Section 49-g(g) of that article. |
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(d) As soon as practicable after the effective date of this |
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section, the board shall determine and adopt a sufficient balance |
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of the fund applicable to the transfers to be made under Section |
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49-g(c), Article III, Texas Constitution, for the state fiscal year |
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beginning September 1, 2014, and a sufficient balance of the fund |
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applicable to the transfers to be made under that section for the |
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next fiscal biennium. The comptroller may not make the transfers |
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required under that section for the state fiscal year beginning |
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September 1, 2014, until the board has adopted a sufficient balance |
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under this subsection. However, if the board has not adopted the |
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balance before the 30th day after the effective date of this |
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section, the comptroller shall make that transfer on the 30th day |
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after the effective date of this section in accordance with |
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Subsection (c) of this section. This subsection expires September |
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1, 2015. |
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(b) This section takes effect immediately on the final |
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canvass of the election on the constitutional amendment proposed by |
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the 83rd Legislature, 2nd Called Session, 2013, to provide for the |
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transfer of certain general revenue to the economic stabilization |
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fund and the state highway fund and for the dedication of the |
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revenue transferred to the state highway fund, but only if that |
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amendment is approved by the voters. If that amendment is not |
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approved by the voters, this Act has no effect. |
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Explanation: The change is necessary to provide a general |
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law procedure for allocation of certain amounts to be transferred |
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under Section 49-g, Article III, Texas Constitution, as would be |
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required if the constitutional amendment proposed by House Joint |
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Resolution No. 2 is approved by the voters. |
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(3) House Rule 13, Sections 9(a)(1) and (3), are suspended |
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to permit the committee to change, alter, amend, and add text on a |
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matter which is not in disagreement to read as follows: |
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SECTION 3. Except as otherwise provided by this Act: |
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(1) this Act takes effect immediately if it receives a |
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vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution; and |
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(2) if this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect on the 91st day after the |
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last day of the legislative session. |
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Explanation: The change is necessary to allow for the select |
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committees provided for to begin functioning earlier and to provide |
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for a contingent effective date for the general law procedure, as |
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provided by the bill, for allocation of certain amounts to be |
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transferred under Section 49-g, Article III, Texas Constitution, as |
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would be required if the constitutional amendment proposed by House |
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Joint Resolution No. 2 is approved by the voters. |