Texas Constitution:Article III, Section 49-d-16 and Texas Constitution:Article III, Section 49-c: Difference between pages

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Texas Constitution:Article III, Section 49-c (view source)

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{{DISPLAYTITLE:Article III, Section 49-d-16 of the Texas Constitution (''<small>"Two Sections with Same Number—Broadband Fund and Water Fund"</small>'')}}{{Texas Constitution|text=Added November 7, 2023:
{{DISPLAYTITLE:Article III, Section 49-c of the Texas Constitution (''<small>"Texas Water Development Board; Bonds; Texas Water Development Fund"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:


''text of Article III, Section 49-d-16 proposed by Acts 2023, 88th Leg., R.S., H.J.R. No. 125''
'''(a) The Texas Water Development Board, an agency of the State of Texas, shall exercise such powers as necessary under this provision together with such other duties and restrictions as may be prescribed by law. The qualifications, compensation, and number of members of said Board shall be determined by law. They shall be appointed by the Governor with the advice and consent of the Senate in the manner and for such terms as may be prescribed by law.'''


'''(a) In this section: (1) "Comptroller" means the Comptroller of Public Accounts of the State of Texas or its successor. (2) "Fund" means the Broadband Infrastructure Fund.'''
'''(b) The Texas Water Development Board shall have the authority to provide for, issue and sell general obligation bonds of the State of Texas as authorized by constitutional amendment or by a debt proposition under Section [[Texas Constitution:Article III, Section 49|49]] of this article. The bonds shall be called "Texas Water Development Bonds," shall be executed in such form, denominations and upon such terms as may be prescribed by law, and may be issued in such installments as the Board finds feasible and practical in accomplishing the purpose set forth herein.'''


'''(b) The Broadband Infrastructure Fund is created as a special fund in the State Treasury outside the General Revenue Fund.'''
'''(c) All moneys received from the sale of the bonds shall be deposited in a fund hereby created in the State Treasury to be known as the Texas Water Development Fund to be administered (without further appropriation) by the Texas Water Development Board in such manner as prescribed by law.'''


'''(c) The fund consists of: (1) money transferred or deposited to the credit of the fund by this constitution, general law, or the general appropriations act; (2) revenue that the Legislature by general law dedicates for deposit to the credit of the fund; (3) investment earnings and interest earned on money in the fund; and (4) gifts, grants, and donations to the fund.'''
'''(d) Such fund shall be used only for the purpose of aiding or making funds available upon such terms and conditions as the Legislature may prescribe, to the various political subdivisions or bodies politic and corporate of the State of Texas including river authorities, conservation and reclamation districts and districts created or organized or authorized to be created or organized under Article XVI, Section [[Texas Constitution:Article XVI, Section 59|59]] or Article III, Section [[Texas Constitution:Article III, Section 52|52]], of this Constitution, interstate compact commissions to which the State of Texas is a party and municipal corporations, in the conservation and development of the water resources of this State, including the control, storing and preservation of its storm and flood waters and the waters of its rivers and streams, for all useful and lawful purposes by the acquisition, improvement, extension, or construction of dams, reservoirs and other water storage projects, including any system necessary for the transportation of water from storage to points of treatment and/or distribution, including facilities for transporting water therefrom to wholesale purchasers, or for any one or more of such purposes or methods.'''


'''(d) Money in the fund shall be administered by the Comptroller. Money from the fund may be used, without further appropriation, only for the expansion of access to and adoption of broadband and telecommunications services, including: (1) the development, construction, reconstruction, and expansion of broadband and telecommunications infrastructure or services; (2) the operation of broadband and telecommunications infrastructure; (3) the provision of broadband and telecommunications services; and (4) the reasonable expenses of administering and managing the investments of the fund.'''
'''(e) Any or all financial assistance as provided herein shall be repaid with interest upon such terms, conditions and manner of repayment as may be provided by law.'''


'''(e) The Legislature by general law shall provide for the manner in which the assets of the fund may be used, subject to the limitations of this section. Money in the fund may be used in conjunction with other funds or financial resources, including money from the federal government, in accordance with procedures, standards, and limitations established by federal law and general law of this state.'''
'''(f) While any of the Texas Water Development Bonds, or any interest on any of such bonds, is outstanding and unpaid, there is hereby appropriated out of the first moneys coming into the Treasury in each fiscal year, not otherwise appropriated by this Constitution, an amount which is sufficient to pay the principal and interest on such bonds that mature or become due during such fiscal year, less the amount in the sinking fund at the close of the prior fiscal year.'''


'''(f) The Comptroller may transfer money from the fund to another fund as provided by general law. The state agency that administers the fund to which the money is transferred as authorized by this subsection may use the money without further appropriation only for the expansion of access to and adoption of broadband and telecommunications services as provided by general law.'''
'''(g) The Legislature may provide for the investment of moneys available in the Texas Water Development Fund, and the interest and sinking funds established for the payment of bonds issued by the Texas Water Development Board. Income from such investment shall be used for the purposes prescribed by the Legislature. The Legislature may also make appropriations from the General Revenue Fund for paying administrative expenses of the Board.'''


'''(g) Unless extended by adoption of a concurrent resolution approved by a record vote of two-thirds of the members of each house of the Legislature, this section expires on September 1, 2035. A resolution suspends the expiration of this section until September 1 of the 10th year following the adoption of the resolution.'''
'''(h) From the moneys received by the Texas Water Development Board as repayment of principal for financial assistance or as interest thereon, there shall be deposited in the interest and sinking fund for the bonds sufficient moneys to pay the interest and principal to become due during the ensuing year and sufficient to establish and maintain a reserve in said fund equal to the average annual principal and interest requirements on all outstanding bonds. If any year moneys are received in excess of the foregoing requirements then such excess shall be deposited to the Texas Water Development Fund, and may be used for administrative expenses of the Board and for the same purposes and upon the same terms and conditions prescribed for the proceeds derived from the sale of such State bonds.'''


'''(h) Immediately before the expiration of this section, the Comptroller shall transfer any unexpended and unobligated balance remaining in the fund to the General Revenue Fund.'''
'''(i) All Texas Water Development Bonds shall after approval by the Attorney General, registration by the Comptroller of Public Accounts of the State of Texas, and delivery to the purchasers, be incontestable and shall constitute general obligations of the State of Texas under the Constitution of Texas.'''
 
'''(i) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the 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 fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
 
''text of Article III, Section 49-d-16 proposed by Acts 2023, 88th Leg., R.S., S.J.R. No. 75''
 
'''(a) The Texas Water Fund is created as a special fund in the State Treasury outside the General Revenue Fund. The fund is administered by the Texas Water Development Board or by that board's successor in function as provided by general law. The Legislature may appropriate money for the purpose of depositing the money to the fund to be available for transfer as provided by Subsection (b) of this section.'''
 
'''(b) The administrator of the Texas Water Fund may use the fund only to transfer money to other funds or accounts administered by the Texas Water Development Board or that board's successor in function. Money transferred from the Texas Water Fund to a fund or account may be spent without further legislative appropriation in the manner provided by general law governing the use of money in the fund or account to which the money was transferred. The administrator may restore to the fund money transferred from the fund and deposited to the credit of another fund or account. Legislative appropriation is not required for the administrator to transfer money from or restore money to the fund, including the transfer of money from the fund to or the restoration of the money from: (1) the Water Assistance Fund No.A480; (2) the New Water Supply for Texas Fund; (3) the Rural Water Assistance Fund No.A301; or (4) the Statewide Water Public Awareness Account.'''
 
'''(c) The Texas Water Fund consists of: (1) money transferred or deposited to the credit of the fund by general law, including money appropriated by the Legislature directly to the fund and money from any source transferred or deposited to the credit of the fund authorized by general law; (2) any other revenue that the Legislature by statute dedicates for deposit to the credit of the fund; (3) investment earnings and interest earned on amounts credited to the fund; (4) money from gifts, grants, or donations to the fund; and (5) money returned from any authorized transfer.'''
 
'''(d) The Legislature by general law shall provide for the manner in which money from the Texas Water Fund may be used, subject to the limitations provided by this section.'''
 
'''(e) Of the amount of money initially appropriated to the Texas Water Fund, the administrator of the fund shall allocate not less than 25 percent to be used only for transfer to the New Water Supply for Texas Fund.'''
 
'''(f) The expenses of managing the investments of the Texas Water Fund shall be paid from that fund.'''
 
'''(g) For purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution: (1) money in the Texas Water 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 Water Fund is treated as if it were an appropriation of revenues dedicated by this constitution.'''
 
'''(h) Any unexpended and unobligated balance remaining in the Texas Water Fund at the end of a state fiscal biennium is appropriated to the administrator of that fund for the following state fiscal biennium for the purposes authorized by this section.'''


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There are currently two Article III sections numbered 49-d-16.
None.
 
Both were approved by voters on November 7, 2023.
 
Neither has been amended or repealed since that date.


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None.
None.


|seo_title=Article III, Section _ of the Texas Constitution ("Two Sections with Same Number—Broadband Fund and Water Fund")
|seo_title=Article III, Section 49-c of the Texas Constitution ("Texas Water Development Board; Bonds; Texas Water Development Fund")
|seo_keywords=Article 3 Section _, Texas Legislature, ...
|seo_keywords=Article 3 Section 49-c, Texas Legislature, ...
|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
|seo_image=Texas_Constitution_of_1876_Article_3.jpg
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[[Category:TxCon ArtIII Sec]]
[[Category:TxCon ArtIII Sec]]
[[Category:Amendments 2023]]
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