Texas 2011 - 82nd Regular

Texas House Bill HJR138 Compare Versions

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Old	New	Differences
1	1	82R25006 ACP-D
2	2	By: Ritter H.J.R. No. 138
3	3	Substitute the following for H.J.R. No. 138:
4	4	By: Hopson C.S.H.J.R. No. 138
5	5
6	6
7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment providing for the creation and
9	9	funding of the state water implementation fund for Texas to assist
10	10	the Texas Water Development Board in the funding of certain
11	11	projects included in the state water plan.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article III, Texas Constitution, is amended by
14	14	adding Section 49-d-12 to read as follows:
15	15	Sec. 49-d-12. (a) The state water implementation fund for
16	16	Texas is created in the state treasury to provide a method for
17	17	financing projects included in a statewide water plan that is
18	18	required by general law and adopted by the Texas Water Development
19	19	Board or its successor in function.
20	20	(b) Money deposited to the credit of the state water
21	21	implementation fund for Texas and interest earned on the investment
22	22	of money credited to the fund shall be administered, without
23	23	further appropriation, by the Texas Water Development Board or its
24	24	successor in function and used only to fund projects included in a
25	25	statewide water plan that is required by general law and adopted by
26	26	the Texas Water Development Board or its successor in function.
27	27	(c) The legislature by general law:
28	28	(1) may provide for the imposition by this state of a
29	29	fee or tax the proceeds of which shall be deposited to the credit of
30	30	the state water implementation fund for Texas and may provide for
31	31	the deposit of other sources of revenue to the credit of the fund;
32	32	and
33	33	(2) shall prescribe the manner in which money in the
34	34	fund may be used.
35	35	(d) This subsection expires September 1, 2027. The
36	36	legislature by general law shall provide for the imposition of a
37	37	public water supply service connection fee to be collected by a
38	38	water utility from the utility's customers. The legislature by
39	39	general law may provide for exemptions from the fee. A fee
40	40	collected under this subsection shall be deposited to the credit of
41	41	the state water implementation fund for Texas. The comptroller of
42	42	public accounts by rule shall establish the rate of the fee, which
43	43	may not exceed:
44	44	(1) $1 each month, if the connection is for a
45	45	residential use;
46	46	(2) $5 each month, if the connection is for a
47	47	commercial use; or
48	48	(3) $100 each month, if the connection is for an
49	49	industrial use.
50	50	(e) A general law enacted under this section dedicating
51	51	revenue to the state water implementation fund for Texas prevails
52	52	over any Act enacted in the same session of the legislature that
53	53	purports to abolish dedications of revenue in the state treasury
54	54	for a particular purpose, regardless of the relative dates of
55	55	enactment.
56	56	(f) If the system benefit fund created under Section 39.903,
57	57	Utilities Code, or its successor in function exists on September 1,
58	58	2014, the comptroller of public accounts shall transfer from that
59	59	fund or its successor in function the lesser of $500 million or the
60	60	amount available in that fund or its successor in function to the
61	61	state water implementation fund for Texas on that date. This
62	62	subsection expires September 1, 2015.
63	63	SECTION 2. The following temporary provision is added to
64	64	the Texas Constitution:
65	65	TEMPORARY PROVISION. (a) This temporary provision applies to
66	66	the constitutional amendment proposed by the 82nd Legislature,
67	67	Regular Session, 2011, providing for the creation and funding of
68	68	the state water implementation fund for Texas to assist the Texas
69	69	Water Development Board in the funding of certain projects included
70	70	in the state water plan.
71	71	(b) A general law enacted in anticipation of the adoption of
72	72	the amendment is not void due to the law's anticipatory character.
73	73	(c) This temporary provision expires January 1, 2013.
74	74	SECTION 3. This proposed constitutional amendment shall be
75	75	submitted to the voters at an election to be held November 8, 2011.
76	76	The ballot shall be printed to permit voting for or against the
77	77	proposition: "The constitutional amendment providing for the
78	78	creation and funding of the state water implementation fund for
79	79	Texas to assist the Texas Water Development Board in the funding of
80	80	certain projects included in the state water plan."