88R7180 JAM-F
 
  By: Holland H.J.R. No. 138
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment providing for the creation of
  the land and water conservation fund, dedicating certain money in
  that fund to the conservation of, restoration of, or public access
  to land, water, or natural resources in this state, and providing
  for the transfer of certain general revenues to the economic
  stabilization fund, the land and water conservation fund, and the
  state highway fund.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 49-g(c) and (c-1), Article III, Texas
  Constitution, are amended to read as follows:
         (c)  Not later than the 90th day of each fiscal year, the
  comptroller of public accounts shall transfer from the general
  revenue fund to the economic stabilization fund, the land and water
  conservation fund, and the state highway fund the sum of the amounts
  described by Subsections (d) and (e) of this section, to be
  allocated as provided by Subsections (c-1) and (c-2) of this
  section.  However, if necessary and notwithstanding the
  allocations prescribed by Subsections (c-1) and (c-2) of this
  section, the comptroller shall reduce proportionately the amounts
  described by Subsections (d) and (e) of this section to be
  transferred and allocated to the economic stabilization fund to
  prevent the amount in that fund from exceeding the limit in effect
  for that biennium under Subsection (g) of this section.  Revenue
  transferred to the state highway fund under this subsection may be
  used only for constructing, maintaining, and acquiring
  rights-of-way for public roadways other than toll roads.
         (c-1)  Except as provided by Subsection (c-2) of this
  section, the comptroller shall allocate [Of] the sum of the amounts
  described by Subsections (d) and (e) of this section and required to
  be transferred from the general revenue fund under Subsection (c)
  of this section as follows:
               (1)  46 percent of that sum [, the comptroller shall
  allocate one-half] to the economic stabilization fund;
               (2)  four percent of that sum to the land and water
  conservation fund; and
               (3)  the remainder of that sum to the state highway fund
  [, except as provided by Subsection (c-2) of this section].
         SECTION 2.  Article III, Texas Constitution, is amended by
  adding Section 49-g-1 to read as follows:
         Sec. 49-g-1.  (a)  The land and water conservation fund is
  established as a special fund in the state treasury.
         (b)  The land and water conservation fund consists of money
  transferred to the fund under Section 49-g of this article and money
  the legislature:
               (1)  may appropriate to the credit of the fund; or
               (2)  by general law may dedicate or provide for deposit
  to the credit of the fund.
         (c)  Money in the land and water conservation fund may be
  spent:
               (1)  without further appropriation;
               (2)  only for purposes related to the conservation of,
  restoration of, or public access to land, water, or natural
  resources in this state; and
               (3)  without further legislative appropriation.
         SECTION 3.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a)  This temporary provision applies
  to the constitutional amendment proposed by the 88th Legislature,
  Regular Session, 2023, providing for the creation of the land and
  water conservation fund, dedicating certain money in that fund to
  the conservation of, restoration of, or public access to land,
  water, or natural resources in this state, and providing for the
  transfer of certain general revenues to the economic stabilization
  fund, the land and water conservation fund, and the state highway
  fund.
         (b)  The transfers and allocations to be made under Sections
  49-g(c) and (c-1), Article III, of this constitution are to be made
  beginning with the state fiscal year beginning September 1, 2025.
         (c)  This temporary provision expires September 1, 2026. 
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 7, 2023.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment providing for the
  creation of the land and water conservation fund, dedicating
  certain money in that fund to the conservation of, restoration of,
  or public access to land, water, or natural resources in this state,
  and providing for the transfer of certain general revenues to the
  economic stabilization fund, the land and water conservation fund,
  and the state highway fund."