82R6255 ACP-D
By: Ritter H.J.R. No. 138
A JOINT RESOLUTION
proposing a constitutional amendment providing for the creation and
funding of the state water implementation fund for Texas to assist
the Texas Water Development Board in the funding of certain
projects included in the state water plan.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 49-d-12 to read as follows:
Sec. 49-d-12. (a) The state water implementation fund for
Texas is created in the state treasury to provide a method for
financing projects included in a statewide water plan that is
required by general law and adopted by the Texas Water Development
Board or its successor in function.
(b) Money deposited to the credit of the state water
implementation fund for Texas and interest earned on the investment
of money credited to the fund may be appropriated only to the Texas
Water Development Board or its successor in function and used only
to fund projects included in a statewide water plan that is required
by general law and adopted by the Texas Water Development Board or
its successor in function.
(c) The legislature by general law:
(1) shall provide for the imposition by this state of a
fee or tax the proceeds of which must be deposited to the credit of
the fund and may provide for the deposit of other sources of revenue
to the credit of the fund; and
(2) may prescribe the manner in which money in the fund
may be used.
(d) A general law enacted under this section dedicating
revenue to the fund prevails over any Act enacted in the same
session of the legislature that purports to abolish dedications of
revenue in the state treasury for a particular purpose, regardless
of the relative dates of enactment.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies to
the constitutional amendment proposed by the 82nd Legislature,
Regular Session, 2011, providing for the creation and funding of
the state water implementation fund for Texas to assist the Texas
Water Development Board in the funding of certain projects included
in the state water plan.
(b) A general law enacted in anticipation of the adoption of
the amendment is not void due to the law's anticipatory character.
(c) This temporary provision expires January 1, 2013.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing for the
creation and funding of the state water implementation fund for
Texas to assist the Texas Water Development Board in the funding of
certain projects included in the state water plan."