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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 83rd |
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Legislature, 2nd Called Session, 2013, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 16 (the creation and functions of legislative select |
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committees on transportation funding, expenditures, and finance |
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and to the preservation of a sufficient balance in the economic |
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stabilization fund) to consider and take action on the following |
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matters: |
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(1) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to change, alter, amend, and omit text which is not |
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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 |
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representatives shall appoint nine members to a House Select |
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Committee on Transportation Funding, Expenditures, and Finance |
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and designate one member as chair. The lieutenant governor shall |
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appoint nine members to a Senate Select Committee on |
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Transportation Funding, Expenditures, and Finance and designate |
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one member as chair. The speaker and lieutenant governor shall |
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make the appointments not later than November 30, 2013. |
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(b) The committees established under this section may |
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meet separately at the call of the chair of the committee or |
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jointly at the call of both chairs. In joint meetings, the chairs |
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shall act as joint chairs. |
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(c) The committees established under this section, |
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meeting separately or jointly, shall review, study, and |
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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 |
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surface transportation funding; |
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(3) the use of debt financing in state |
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transportation funding, including the uses of the Texas Mobility |
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Fund, and the effects on long-term transportation planning of |
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using debt financing; |
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(4) alternative transportation funding options in |
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use nationally and internationally; |
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(5) current and historic appropriations to the |
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Texas Department of Transportation, including: |
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(A) whether that agency's budget structure |
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best maximizes the application of limited public funds toward |
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highway maintenance and construction; |
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(B) whether there are opportunities to reduce |
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the 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 |
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for 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 |
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Safety of the State of Texas; and |
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(7) the original purpose of the economic |
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stabilization fund established by Section 49-g, Article III, |
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Texas Constitution, whether that purpose remains relevant, and |
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whether it remains appropriate to continue using the net amount |
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of oil and gas production taxes received in the 1987 state fiscal |
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year as the basis for making general revenue transfers to the |
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economic stabilization 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 |
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and any powers of a joint committee. For the purposes of this |
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Act, the committees established under this section are |
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considered a joint committee and the cost of operation of each |
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committee may be borne in the same manner as the cost of a joint |
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committee. The Texas Legislative Council may provide funding for |
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the operations of the committees. To the extent not inconsistent |
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with this resolution, the joint rules adopted by the 83rd |
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Legislature for the administration of joint interim legislative |
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study committees apply to the committees established under this |
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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 |
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the bill and to provide for the expiration of the select |
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committees. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter which is not included in either |
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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 |
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by 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. |
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(a) For the purposes of Section 49-g(c-2), Article III, Texas |
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Constitution, before the board submits the budget as prescribed |
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by Section 322.008(c), the board shall determine and adopt for |
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the next state fiscal biennium a sufficient balance of the fund |
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in an amount that the board estimates will ensure an appropriate |
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amount of revenue available in the fund. In determining the |
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sufficient balance for each that fiscal biennium, the board shall |
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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 |
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state 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, |
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the comptroller shall provide to the board the comptroller's |
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projection of the amounts to be transferred to the fund during |
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the next state fiscal biennium. |
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Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS |
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TO FUND AND STATE HIGHWAY FUND. (a) Before the comptroller |
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makes transfers for a state fiscal year in accordance with |
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Section 49-g(c), Article III, Texas Constitution, the |
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comptroller shall determine whether the sum of the balance of the |
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fund on the preceding August 31, any projected transfer to the |
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fund under Sections 49-g(b) of that article, and any projected |
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transfer to the fund under Section 49-g(c) of that article in |
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accordance with the allocations for the transfer as provided by |
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Section 49-g(c-1) of that article is less than the sufficient |
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balance adopted under Section 316.092. |
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(b) If the sum described by Subsection (a) is less than |
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the sufficient balance adopted under Section 316.092, the |
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comptroller shall adjust the allocation of amounts to be |
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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: |
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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 |
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transfer under Sections 49-g (d) and (e) of that article or the |
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amount necessary for the sufficient balance to be reached when |
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considered together with other estimated transfers to the fund |
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during the 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 |
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to 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 |
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to be transferred to the fund and to the state highway fund as |
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provided by Section 49-g(c), Article III, Texas Constitution, so |
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that the 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 |
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this section, the board shall determine and adopt a sufficient |
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balance of the fund applicable to the transfers to be made under |
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Section 49-g(c), Article III, Texas Constitution, for the state |
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fiscal year beginning September 1, 2014, and a sufficient balance |
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of the fund applicable to the transfers to be made under that |
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section for the next fiscal biennium. The comptroller may not |
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make the transfers required under that section for the state |
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fiscal year beginning September 1, 2014, until the board has |
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adopted a sufficient balance under this subsection. However, if |
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the board has not adopted the balance before the 30th day after |
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the effective date of this section, the comptroller shall make |
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that transfer on the 30th day after the effective date of this |
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section in accordance with Subsection (c) of this section. This |
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subsection expires September 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 |
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by the 83rd Legislature, 2nd Called Session, 2013, to provide for |
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the transfer of certain general revenue to the economic |
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stabilization fund and the state highway fund and for the |
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dedication of the revenue transferred to the state highway fund, |
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but only if that amendment is approved by the voters. If that |
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amendment is not 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) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change, alter, amend, and add text on a matter |
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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 |
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a 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 |
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for immediate effect, this Act takes effect on the 91st day after |
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the last day of the legislative session. |
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Explanation: The change is necessary to allow for the |
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select committees provided for to begin functioning earlier and |
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to provide for a contingent effective date for the general law |
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procedure, as provided by the bill, for allocation of certain |
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amounts to be transferred under Section 49-g, Article III, Texas |
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Constitution, as would be required if the constitutional |
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amendment proposed by House Joint Resolution No. 2 is approved by |
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the voters. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on July 29, 2013, by |
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the following vote: Yeas 21, |
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Nays 2. |
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_______________________________ |
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Secretary of the Senate |