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proposing a constitutional amendment appropriating money from the |
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system benefit fund for the purpose of returning system benefit |
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fund fees to retail electric customers. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article VIII, Texas Constitution, is amended by |
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adding Section 30 to read as follows: |
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Sec. 30. (a) On November 10, 2013, 90 percent of the |
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unobligated and otherwise unappropriated balance of the system |
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benefit fund account in the general revenue fund is appropriated to |
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the comptroller for the purpose of returning the appropriated money |
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to retail electric customers in the manner provided by general law. |
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The appropriation made by this subsection is not considered an |
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appropriation of state tax revenues for purposes of Section 22 of |
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this article. |
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(b) On the date specified by Subsection (a) of this section, |
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the comptroller shall transfer the amount appropriated by that |
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subsection from the system benefit fund account in the general |
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revenue fund into a special fund in the state treasury outside of |
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the general revenue fund. The comptroller shall retain the balance |
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in that special fund and without further appropriation shall |
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disburse the money to retail electric customers as directed under |
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general law. The comptroller shall credit to the special fund all |
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interest or other earnings on the balance of the special fund. |
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(c) Money authorized to be spent out of the system benefit |
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fund account by an appropriation that is made by law before November |
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10, 2013, may be spent as provided by general law and in accordance |
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with that appropriation. |
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(d) The legislature by general law shall provide for the |
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Public Utility Commission of Texas to direct the comptroller to |
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disburse the money appropriated by Subsection (a) of this section |
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to retail electric customers beginning as soon as practicable, with |
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the entire balance of the appropriated money disbursed before |
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September 1, 2014. |
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(e) This section expires January 1, 2016. |
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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 5, 2013. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment appropriating the |
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system benefit fund for the purpose of returning system benefit |
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fund fees to retail electric customers as provided by the Texas |
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Legislature." |