82R25006 ACP-D
By: Ritter H.J.R. No. 138
Substitute the following for H.J.R. No. 138:
By: Hopson C.S.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 shall be administered, without
further appropriation, by 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) may provide for the imposition by this state of a
fee or tax the proceeds of which shall be deposited to the credit of
the state water implementation fund for Texas and may provide for
the deposit of other sources of revenue to the credit of the fund;
and
(2) shall prescribe the manner in which money in the
fund may be used.
(d) This subsection expires September 1, 2027. The
legislature by general law shall provide for the imposition of a
public water supply service connection fee to be collected by a
water utility from the utility's customers. The legislature by
general law may provide for exemptions from the fee. A fee
collected under this subsection shall be deposited to the credit of
the state water implementation fund for Texas. The comptroller of
public accounts by rule shall establish the rate of the fee, which
may not exceed:
(1) $1 each month, if the connection is for a
residential use;
(2) $5 each month, if the connection is for a
commercial use; or
(3) $100 each month, if the connection is for an
industrial use.
(e) A general law enacted under this section dedicating
revenue to the state water implementation fund for Texas 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.
(f) If the system benefit fund created under Section 39.903,
Utilities Code, or its successor in function exists on September 1,
2014, the comptroller of public accounts shall transfer from that
fund or its successor in function the lesser of $500 million or the
amount available in that fund or its successor in function to the
state water implementation fund for Texas on that date. This
subsection expires September 1, 2015.
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."