Texas Constitution:Article III, Section 49-d-16

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. ???

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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

• 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)