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A JOINT RESOLUTION
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proposing a constitutional amendment appropriating the system |
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benefit fund for the purpose of returning system benefit fund fees |
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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 January 1, 2014, the unobligated and |
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otherwise unappropriated balance of the system benefit fund account |
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in the general revenue fund is appropriated to the comptroller for |
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the purpose of returning the appropriated money to retail electric |
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customers in the manner provided by general law. The appropriation |
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made by this subsection is not considered an appropriation of state |
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tax revenues for purposes of Section 22 of 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 unobligated and otherwise |
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unappropriated balance of the system benefit fund account from the |
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general revenue fund into a special fund outside of the general |
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revenue fund. The comptroller shall retain the balance in that |
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special fund and without further appropriation shall disburse the |
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money to retail electric customers as directed under general law. |
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The comptroller shall credit to the special fund all interest or |
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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 January |
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1, 2014, may be spent as provided by general law and in accordance |
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with that appropriation. The comptroller shall transfer to the |
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special fund described by Subsection (b) of this section the |
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unexpended and unobligated balance of the appropriated money that |
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remains at the time the appropriation expires and without further |
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appropriation shall disburse the money to retail electric customers |
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as directed under general law. |
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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 not earlier than September |
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1, 2015, with the entire balance of the money disbursed before |
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January 1, 2019. |
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(e) This section expires January 1, 2021. |
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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." |