Article III, Section 49-d-16 of the Texas Constitution ("Two Sections with Same Number–Broadband Fund and Water Fund")

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Added November 7, 2023:

text of Article III, Section 49-d-16 proposed by Acts 2023, 88th Leg., R.S., H.J.R. No. 125

(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 Broadband Infrastructure Fund is created as a special fund in the State Treasury outside the General Revenue Fund.

(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) 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) 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) 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) 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) 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) For purposes of Section 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. 480; (2) the New Water Supply for Texas Fund; (3) the Rural Water Assistance Fund No. 301; 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 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.

Editor Comments

There are currently two Article III sections numbered 49-d-16.

Both were approved by voters on November 7, 2023.

Neither has been amended or repealed since that date.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources