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A JOINT RESOLUTION
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proposing a constitutional amendment prohibiting the diversion of |
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and concerning the use of statutorily dedicated revenues. |
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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 25 to read as follows: |
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Sec. 25. (a) The statutorily dedicated revenue fund is |
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created in the state treasury as a special fund outside the general |
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revenue fund. |
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(b) To the extent any state revenue by statute is dedicated |
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so that the revenue may be appropriated only for use for one or more |
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particular purposes or by one or more particular entities, the |
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comptroller of public accounts shall deposit the dedicated revenue |
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into the statutorily dedicated revenue fund to the credit of an |
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appropriate account created for appropriations consistent with the |
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statutory dedication. |
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(c) Money deposited to the credit of an account in the |
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statutorily dedicated revenue fund: |
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(1) may be appropriated only for a use consistent with |
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the statutory dedication of the money; |
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(2) may not be considered available for the |
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comptroller's certification under Section 49a(b), Article III, of |
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this constitution for any purpose other than an appropriation for a |
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use consistent with the statutory dedication; and |
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(3) may not be transferred to another fund unless the |
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statutory dedication is repealed in accordance with Subsection (e) |
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of this section. |
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(d) The legislature may direct money in the state treasury |
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to be deposited to the credit of an account created in the |
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statutorily dedicated revenue fund, and money transferred to an |
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account may be used only as if the money were originally collected |
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under the statutory dedication associated with the account. State |
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tax revenue appropriated from an account in the statutorily |
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dedicated revenue fund is considered state tax revenue dedicated by |
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this constitution for the purposes of Section 22 of this article. |
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(e) The legislature by a bill enacted by a two-thirds vote |
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of the members present in each house may alter a statutory |
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dedication of revenue by amending the statute that enacted the |
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dedication. Such an amendment is effective to rededicate the |
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unappropriated balance of the revenue collected for the previously |
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dedicated purpose or purposes or for the previously dedicated |
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entity or entities as provided by the amended statute. The |
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legislature may repeal a statutory dedication of money in an |
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account created in the statutorily dedicated revenue fund only by |
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the enactment, by a two-thirds vote of the members present in each |
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house, of a bill expressly repealing the statutory dedication and |
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directing the comptroller to transfer the unappropriated balance of |
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the account associated with the statutory dedication to the credit |
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of the general revenue fund or of a fund or account in the state |
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treasury consistent with another use of the money as provided by |
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that bill. A bill described by this subsection may not affect more |
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than one account in the statutorily dedicated revenue fund. |
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(f) Subsection (b) of this section does not apply to revenue |
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that is otherwise dedicated by this constitution, regardless of the |
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manner that revenue is addressed by statute, and revenue otherwise |
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dedicated by this constitution may not be deposited to the |
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statutorily dedicated revenue fund. |
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SECTION 2. 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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Regular Session, 2013, prohibiting the diversion of and concerning |
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the use of statutorily dedicated revenues. |
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(b) Section 25, Article VIII, of this constitution takes |
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effect January 1, 2014. |
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(c) Sections 25(b) and (e), Article VIII, of this |
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constitution do not apply to a statutory dedication that was made |
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before the effective date of this temporary provision so that the |
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revenue may be appropriated only for use for one or more particular |
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purposes or by one or more particular entities or to revenue |
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collected under such a statutory dedication. |
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(d) Section 25(e), Article VIII, of this constitution does |
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not apply to a bill considered for the purposes of this subsection. |
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On or before January 1, 2020, for all revenue held in a dedicated |
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account in the general revenue fund the legislature by statute |
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shall: |
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(1) rededicate the revenue such that the revenue may |
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be appropriated only for use for one or more particular purposes or |
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by one or more particular entities and provide for the transfer of |
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the balance to the statutorily dedicated revenue fund; or |
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(2) repeal the statute or statutes purporting to |
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dedicate the revenue and provide for the revenue to be transferred |
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to the undedicated portion of the general revenue fund in the state |
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treasury or as otherwise provided by law. |
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(e) On January 1, 2020, the comptroller of public accounts |
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shall: |
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(1) transfer the unappropriated and unencumbered |
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balance of each dedicated account in the general revenue fund that |
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is rededicated as provided by Subsection (d)(1) of this temporary |
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provision to the credit of an account in the statutorily dedicated |
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revenue fund that is associated with the corresponding one or more |
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particular purposes or one or more particular entities; and |
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(2) for each dedicated general revenue fund account to |
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which Subsection (d) of this temporary provision applies that |
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remains unaffected by a statute enacted or amended as required by |
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Subsection (d) of this temporary provision, transfer the |
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unappropriated and unencumbered balance of the account to the |
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credit of an account in the statutorily dedicated revenue fund. |
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(f) This temporary provision expires January 1, 2023. |
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SECTION 3. 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 prohibiting the |
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diversion of and concerning the use of statutorily dedicated |
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revenues." |