S.J.R. No. 93

	proposing a constitutional amendment providing for the creation of
	the Texas energy fund to support the construction, maintenance,
	modernization, and operation of electric generating facilities.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article III, Texas Constitution, is amended by
	adding Section 49-q to read as follows:
	Sec. 49-q.  (a)  The Texas energy fund is created as a
	special fund in the state treasury outside the general revenue
	fund.
	(b)  As provided by general law, money in the Texas energy
	fund may be administered and used, without further appropriation,
	only by the Public Utility Commission of Texas or that commission's
	successor in function to provide loans and grants to any entity to
	finance or incentivize the construction, maintenance,
	modernization, and operation of electric generating facilities,
	including associated infrastructure, necessary to ensure the
	reliability or adequacy of an electric power grid in this state.
	The commission shall allocate money from the fund for loans and
	grants to eligible projects:
	(1)  for electric generating facilities that serve as
	backup power sources; and
	(2)  in each region of the state that is part of an
	electric power grid in proportion to that region's load share.
	(c)  The entity administering the Texas energy fund may
	establish separate accounts in the fund as necessary or convenient
	for the fund's administration.
	(d)  The Texas energy fund consists of:
	(1)  money credited, appropriated, or transferred to
	the fund by or as authorized by the legislature;
	(2)  revenue that the legislature dedicates for deposit
	to the credit of the fund;
	(3)  the returns received from the investment of the
	money in the fund; and
	(4)  gifts, grants, and donations contributed to the
	credit of the fund.
	(e)  The reasonable expenses of managing the Texas energy
	fund's assets shall be paid from the fund.
	(f)  The legislature by a provision of a general
	appropriations act may provide for the transfer to the general
	revenue fund of money that is subject to this section.
	(g)  The legislature may appropriate general revenue for the
	purpose of depositing money to the credit of the Texas energy fund
	to be used for the purposes of that fund.
	(h)  For purposes of Section 22, Article VIII, of this
	constitution:
	(1)  money in the Texas energy fund is dedicated by this
	constitution; and
	(2)  an appropriation of state tax revenues for the
	purpose of depositing money to the credit of the Texas energy fund
	is treated as if it were an appropriation of revenues dedicated by
	this constitution.
	SECTION 2.  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 Texas energy fund to support the construction,
	maintenance, modernization, and operation of electric generating
	facilities."
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.J.R. No. 93 was adopted by the Senate
	on May 4, 2023, by the following vote: Yeas 27, Nays 4; and that
	the Senate concurred in House amendment on May 28, 2023, by the
	following vote: Yeas 27, Nays 4.
	______________________________
	Secretary of the Senate
	I hereby certify that S.J.R. No. 93 was adopted by the House,
	with amendment, on May 22, 2023, by the following vote: Yeas 103,
	Nays 35, one present not voting.