Article III, Section 49-g of the Texas Constitution ("Economic Stabilization Fund; Allocation of Certain Tax Revenue")
As amended November 7, 2023:
(a) The Economic Stabilization Fund is established as a special fund in the State Treasury.
(b) The Comptroller shall, not later than the 90th day of each biennium, transfer to the Economic Stabilization Fund one-half of any unencumbered positive balance of general revenues on the last day of the preceding biennium. If necessary, the Comptroller shall reduce the amount transferred in proportion to the other amounts prescribed by this section to prevent the amount in the fund from exceeding the limit in effect for that biennium under Subsection (g) of this section.
(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 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) 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, the Comptroller shall allocate one-half to the Economic Stabilization Fund and the remainder to the State Highway Fund, except as provided by Subsection (c-2) of this section.
(c-2) The Legislature by general law shall provide for a procedure by which the allocation of the sum of the amounts described by Subsections (d) and (e) of this section may be adjusted to provide for a transfer to the Economic Stabilization Fund of an amount greater than the allocation provided for under Subsection (c-1) of this section with the remainder of that sum, if any, allocated for transfer to the State Highway Fund. The allocation made as provided by that general law is binding on the Comptroller for the purposes of the transfers required by Subsection (c) of this section.
(d) If in the preceding year the State received from oil production taxes a net amount greater than the net amount of oil production taxes received by the State in the fiscal year ending August 31, 1987, the Comptroller shall transfer under Subsection (c) of this section and allocate in accordance with Subsections (c-1) and (c-2) of this section an amount equal to 75 percent of the difference between those amounts. The Comptroller shall retain the remaining 25 percent of the difference as general revenue. In computing the net amount of oil production taxes received, the Comptroller may not consider refunds paid as a result of oil overcharge litigation.
(e) If in the preceding year the State received from gas production taxes a net amount greater than the net amount of gas production taxes received by the State in the fiscal year ending August 31, 1987, the Comptroller shall transfer under Subsection (c) of this section and allocate in accordance with Subsections (c-1) and (c-2) of this section an amount equal to 75 percent of the difference between those amounts. The Comptroller shall retain the remaining 25 percent of the difference as general revenue. For the purposes of this subsection, the Comptroller shall adjust the computation of revenues to reflect only 12 months of collection.
(f) The Legislature may appropriate additional amounts to the Economic Stabilization Fund.
(g) During each fiscal biennium, the amount in the Economic Stabilization Fund may not exceed an amount equal to 10 percent of the total amount, excluding investment income, interest income, and amounts borrowed from special funds, deposited in general revenue during the preceding biennium.
(h) In preparing an estimate of anticipated revenues for a succeeding biennium as required by Article III, Section 49-a, of this constitution, the Comptroller shall estimate the amount of the transfers that will be made under Subsections (b), (d), and (e) of this section. The Comptroller shall deduct that amount from the estimate of anticipated revenues as if the transfers were made on August 31 of that fiscal year.
(i) The Comptroller shall credit to general revenue interest due to the Economic Stabilization Fund that would result in an amount in the Economic Stabilization Fund that exceeds the limit in effect under Subsection (g) of this section.
(j) The Comptroller may transfer money from the Economic Stabilization Fund to general revenue to prevent or eliminate a temporary cash deficiency in general revenue. The Comptroller shall return the amount transferred to the Economic Stabilization Fund as soon as practicable, but not later than August 31 of each odd-numbered year. The Comptroller shall allocate the depository interest as if the transfers had not been made. If the Comptroller submits a statement to the Governor and the Legislature under Article III, Section 49-a, of this constitution when money from the Economic Stabilization Fund is in general revenue, the Comptroller shall state that the transferred money is not available for appropriation from general revenue.
(k) Amounts from the Economic Stabilization Fund may be appropriated during a regular legislative session only for a purpose for which an appropriation from general revenue was made by the preceding Legislature and may be appropriated in a special session only for a purpose for which an appropriation from general revenue was made in a preceding legislative session of the same Legislature. An appropriation from the Economic Stabilization Fund may be made only if the Comptroller certifies that appropriations from general revenue made by the preceding Legislature for the current biennium exceed available general revenues and cash balances for the remainder of that biennium. The amount of an appropriation from the Economic Stabilization Fund may not exceed the difference between the Comptroller's estimate of general revenue for the current biennium at the time the Comptroller receives for certification the bill making the appropriation and the amount of general revenue appropriations for that biennium previously certified by the Comptroller. Appropriations from the Economic Stabilization Fund under this subsection may not extend beyond the last day of the current biennium. An appropriation from the Economic Stabilization Fund must be approved by a three-fifths vote of the members present in each House of the Legislature.
(l) If an estimate of anticipated revenues for a succeeding biennium prepared by the Comptroller pursuant to Article III, Section 49-a, of this constitution is less than the revenues that are estimated at the same time by the Comptroller to be available for the current biennium, the Legislature may, by a three-fifths vote of the members present in each House, appropriate for the succeeding biennium from the Economic Stabilization Fund an amount not to exceed this difference. Following each fiscal year, the actual amount of revenue shall be computed, and if the estimated difference exceeds the actual difference, the Comptroller shall transfer the amount necessary from general revenue to the Economic Stabilization Fund so that the actual difference shall not be exceeded. If all or a portion of the difference in revenue from one biennium to the next results, at least in part, from a change in a tax rate or base adopted by the Legislature, the computation of revenue difference shall be adjusted to the amount that would have been available had the rate or base not been changed.
(m) In addition to the appropriation authority provided by Subsections (k) and (l) of this section, the Legislature may, by a two-thirds vote of the members present in each House, appropriate amounts from the Economic Stabilization Fund at any time and for any purpose.
(n) Money appropriated from the Economic Stabilization Fund is subject to being withheld or transferred, within any limits provided by statute, by any person or entity authorized to exercise the power granted by Article XVI, Section 69, of this constitution.
(o) In this section, "net" means the amount of money that is equal to the difference between gross collections and refunds before the Comptroller allocates the receipts as provided by law.
(p) On the first business day occurring on or after the 90th day of each state fiscal year, an amount equal to the interest income, dividends, and investment earnings attributable to the Economic Stabilization Fund for the preceding state fiscal year, not to exceed the amount determined under Subsection (q) of this section, is appropriated from the Economic Stabilization Fund to the Comptroller of Public Accounts for the purpose of immediate deposit to the credit of the Texas University Fund. For purposes of this subsection, the amount of interest income, dividends, and investment earnings attributable to the Economic Stabilization Fund for a state fiscal year is computed by: (1) determining the amount of interest and dividends due to the fund for that fiscal year, including any interest credited to general revenue under Subsection (i) of this section; (2) adding to the amount determined under Subdivision (1) of this subsection an amount equal to the increase, if any, in the fair market value of the fund between the last day of that fiscal year and the last day of the preceding state fiscal year; and (3) subtracting from the amount determined under Subdivision (2) of this subsection the amount of any expenses of managing the investments of money in the fund that are paid from the fund during that fiscal year.
(q) The amount of the appropriation made under Subsection (p) of this section may not exceed: (1) for the state fiscal year beginning September 1, 2023, $100 million; or (2) for a state fiscal year beginning on or after September 1, 2024, the amount determined under this subsection for the preceding state fiscal year adjusted by the increase, if any, in the general price level during the preceding state fiscal year, as determined by the Comptroller of Public Accounts on the basis of changes in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency and not to exceed two percent per state fiscal year.
Editor Comments
There have been two Article III sections numbered 49-g.
The first Article III, Section 49-g was added in 1987. It authorized the Superconducting Super Collider Fund. That section was repealed in 1997.
The second Article III, Section 49-g was added in 1988. It, inter alia, authorizes the Economic Stabilization Fund (a/k/a Texas Rainy Day Fund).
Recent Decisions
None.
Historic Decisions
None.
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)