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          SENATE JOINT RESOLUTION
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        proposing a constitutional amendment to provide for the transfer of  | 
      
      
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        certain general revenue to the economic stabilization fund, to  | 
      
      
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        provide for the transfer of certain general revenue to the state  | 
      
      
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        highway fund and the dedication of that revenue, and to authorize  | 
      
      
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        the payment of the principal and interest on certain highway  | 
      
      
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        improvement bonds from certain general revenue transferred to the  | 
      
      
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        state highway fund. | 
      
      
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               BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 49-g, Article III, Texas Constitution,  | 
      
      
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        is amended by amending Subsections (c), (d), and (e) and adding  | 
      
      
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        Subsections (c-1) and (c-2) to read as follows: | 
      
      
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               (c)  Not later than the 90th day of each fiscal year, the  | 
      
      
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        comptroller of public accounts shall transfer from the general  | 
      
      
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        revenue fund to the economic stabilization fund and the state  | 
      
      
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        highway fund the sum of the amounts described [prescribed] by  | 
      
      
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        Subsections (d) and (e) of this section, to be allocated as provided  | 
      
      
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        by Subsections (c-1) and (c-2) of this section.  However, if  | 
      
      
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        necessary and notwithstanding the allocations prescribed by  | 
      
      
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        Subsections (c-1) and (c-2) of this section, the comptroller shall  | 
      
      
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        reduce proportionately the amounts described by Subsections (d) and  | 
      
      
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        (e) of this section to be transferred and allocated to the economic  | 
      
      
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        stabilization fund to prevent the amount in that [the] fund from  | 
      
      
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        exceeding the limit in effect for that biennium under Subsection  | 
      
      
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        (g) of this section.  Revenue transferred to the state highway fund  | 
      
      
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        under this subsection may be used only for constructing,  | 
      
      
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        maintaining, and acquiring rights-of-way for public roadways other  | 
      
      
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        than toll roads. | 
      
      
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               (c-1)  Of the sum of the amounts described by Subsections (d)  | 
      
      
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        and (e) of this section and required to be transferred from the  | 
      
      
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        general revenue fund under Subsection (c) of this section, the  | 
      
      
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        comptroller shall allocate one-half to the economic stabilization  | 
      
      
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        fund and the remainder to the state highway fund, except as provided  | 
      
      
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        by Subsection (c-2) of this section. | 
      
      
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               (c-2)  If the anticipated balance of the economic  | 
      
      
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        stabilization fund after any transfer that may be made under  | 
      
      
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        Subsection (b) of this section and any transfer and allocation of  | 
      
      
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        money that may be made as provided by Subsections (c) and (c-1) of  | 
      
      
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        this section would be less than one-third of the maximum authorized  | 
      
      
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        balance of the economic stabilization fund, as provided by  | 
      
      
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        Subsection (g) of this section, for the state fiscal biennium  | 
      
      
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        preceding the biennium during which the transfer under Subsection  | 
      
      
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        (c) of this section is to be made, the comptroller shall reduce the  | 
      
      
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        amount that would otherwise be allocated to the state highway fund  | 
      
      
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        as provided by Subsection (c-1) of this section by the lesser of the  | 
      
      
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        total amount of the allocation to that fund or the amount necessary  | 
      
      
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        for the anticipated balance of the economic stabilization fund,  | 
      
      
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        after any transfer that may be made under Subsection (b) of this  | 
      
      
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        section and the transfer and allocation to be made as provided by  | 
      
      
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        Subsections (c) and (c-1) of this section, to equal one-third of the  | 
      
      
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        maximum authorized balance of the economic stabilization fund, as  | 
      
      
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        provided by Subsection (g) of this section, for the state fiscal  | 
      
      
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        biennium preceding the biennium during which the transfer under  | 
      
      
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        Subsection (c) of this section is to be made.  The comptroller shall  | 
      
      
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        allocate to the economic stabilization fund the amount by which the  | 
      
      
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        allocation to the state highway fund is reduced under this  | 
      
      
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        subsection. | 
      
      
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               (d)  If in the preceding year the state received from oil  | 
      
      
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        production taxes a net amount greater than the net amount of oil  | 
      
      
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        production taxes received by the state in the fiscal year ending  | 
      
      
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        August 31, 1987, the comptroller shall transfer under Subsection  | 
      
      
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        (c) of this section and allocate in accordance with Subsections  | 
      
      
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        (c-1) and (c-2) of this section [to the economic stabilization 
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          fund] an amount equal to 75 percent of the difference between those  | 
      
      
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        amounts.  The comptroller shall retain the remaining 25 percent of  | 
      
      
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        the difference as general revenue.  In computing the net amount of  | 
      
      
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        oil production taxes received, the comptroller may not consider  | 
      
      
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        refunds paid as a result of oil overcharge litigation. | 
      
      
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               (e)  If in the preceding year the state received from gas  | 
      
      
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        production taxes a net amount greater than the net amount of gas  | 
      
      
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        production taxes received by the state in the fiscal year ending  | 
      
      
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        August 31, 1987, the comptroller shall transfer under Subsection  | 
      
      
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        (c) of this section and allocate in accordance with Subsections  | 
      
      
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        (c-1) and (c-2) of this section [to the economic stabilization 
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          fund] an amount equal to 75 percent of the difference between those  | 
      
      
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        amounts.  The comptroller shall retain the remaining 25 percent of  | 
      
      
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        the difference as general revenue.  For the purposes of this  | 
      
      
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        subsection, the comptroller shall adjust the [his] computation of  | 
      
      
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        revenues to reflect only 12 months of collection. | 
      
      
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               SECTION 2.  Section 49-p, Article III, Texas Constitution,  | 
      
      
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        is amended by adding Subsection (e) to read as follows: | 
      
      
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               (e)  Revenue transferred to the state highway fund under  | 
      
      
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        Section 49-g(c) of this article may be appropriated to pay the  | 
      
      
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        principal of and interest on bonds issued under this section. | 
      
      
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               SECTION 3.  The following temporary provision is added to  | 
      
      
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        the Texas Constitution: | 
      
      
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               TEMPORARY PROVISION.  (a)  This temporary provision applies  | 
      
      
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        to the constitutional amendment proposed by the 83rd Legislature,  | 
      
      
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        2nd Called Session, 2013, to provide for the transfer of certain  | 
      
      
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        general revenue to the economic stabilization fund, to provide for  | 
      
      
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        the transfer of certain general revenue to the state highway fund  | 
      
      
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        and the dedication of that revenue, and to authorize the payment of  | 
      
      
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        the principal and interest on certain highway improvement bonds  | 
      
      
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        from certain general revenue transferred to the state highway fund. | 
      
      
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               (b)  The amendment to Section 49-g, Article III, of this  | 
      
      
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        constitution takes effect January 1, 2014, and applies only to a  | 
      
      
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        transfer of revenue made by the comptroller of public accounts as  | 
      
      
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        provided by Subsection (c) of that section on or after January 1,  | 
      
      
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        2014. | 
      
      
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               (c)  This temporary provision expires January 1, 2015. | 
      
      
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               SECTION 4.  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 permit voting for or against the  | 
      
      
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        proposition:  "The constitutional amendment to provide for the  | 
      
      
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        transfer of certain general revenue to the economic stabilization  | 
      
      
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        fund, to provide for the transfer of certain general revenue to the  | 
      
      
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        state highway fund and the dedication of that revenue, and to  | 
      
      
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        authorize the payment of the principal and interest on certain  | 
      
      
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        highway improvement bonds from certain general revenue transferred  | 
      
      
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        to the state highway fund." | 
      
      
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