Texas 2017 - 85th Regular

Texas House Bill HJR101 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9784 CJC-D
2	2	By: Workman H.J.R. No. 101
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment dedicating a portion of the
7	7	revenue derived from the state sales and use tax to the Texas Water
8	8	Development Fund II.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article VIII, Texas Constitution, is amended by
11	11	adding Section 7-e to read as follows:
12	12	Sec. 7-e. (a) Subject to Subsections (b), (e), and (f) of
13	13	this section, in each state fiscal year, the comptroller of public
14	14	accounts shall deposit to the credit of a separate account in the
15	15	Texas Water Development Fund II $1 billion of the net revenue
16	16	derived from the imposition of the state sales and use tax on the
17	17	sale, storage, use, or other consumption in this state of taxable
18	18	items under Chapter 151, Tax Code, or its successor, that exceeds
19	19	the first $30.5 billion of that revenue coming into the treasury in
20	20	that state fiscal year. For purposes of determining when $30.5
21	21	billion of that revenue has come into the treasury in a state fiscal
22	22	year, the comptroller of public accounts shall include revenue from
23	23	the same source coming into the treasury that, under Section 7-c of
24	24	this article, is required to be deposited to the credit of the state
25	25	highway fund in each state fiscal year.
26	26	(b) Notwithstanding Subsection (a) of this section, the
27	27	comptroller of public accounts may not make a deposit required
28	28	under that subsection if, as a result of the deposit, the balance of
29	29	the Texas Water Development Fund II would exceed $4 billion.
30	30	(c) Money deposited to the credit of the Texas Water
31	31	Development Fund II under this section may be used by the Texas
32	32	Water Development Board or that board's successor in function only
33	33	for constructing and operating:
34	34	(1) a seawater desalination project; or
35	35	(2) an aquifer storage and recovery project as defined
36	36	by Chapter 27, Water Code, or its successor.
37	37	(d) The legislature by adoption of a concurrent resolution
38	38	approved by a record vote of two-thirds of the members of each house
39	39	of the legislature may direct the comptroller of public accounts to
40	40	reduce the amount of money deposited under Subsection (a) of this
41	41	section. The comptroller may be directed to make that reduction
42	42	only:
43	43	(1) in the state fiscal year in which the resolution is
44	44	adopted, or in either of the following two state fiscal years; and
45	45	(2) by an amount or percentage that does not result in
46	46	a reduction of more than 50 percent of the amount that would
47	47	otherwise be deposited under that subsection in the affected state
48	48	fiscal year.
49	49	(e) Subject to Subsection (f) of this section, the duty of
50	50	the comptroller of public accounts to make a deposit under
51	51	Subsection (a) of this section expires August 31, 2034.
52	52	(f) The legislature by adoption of a concurrent resolution
53	53	approved by a record vote of a majority of the members of each house
54	54	of the legislature may extend, in 10-year increments, the duty of
55	55	the comptroller of public accounts to make a deposit under
56	56	Subsection (a) of this section beyond the applicable date
57	57	prescribed by Subsection (e) of this section.
58	58	(g) This section expires September 15, 2034, if on or before
59	59	August 31 of that year:
60	60	(1) a project described by Subsection (c) of this
61	61	section, the costs for which are paid by the Texas Water Development
62	62	Board or that board's successor in function using money deposited
63	63	under Subsection (a) of this section, is not under active
64	64	construction or operational; and
65	65	(2) the legislature has not extended the duty of the
66	66	comptroller of public accounts to make the deposit under Subsection
67	67	(a) of this section in the manner provided by Subsection (f) of this
68	68	section.
69	69	(h) On September 1 of the year in which this section expires
70	70	under Subsection (g) of this section:
71	71	(1) the comptroller of public accounts shall determine
72	72	the amount of money in the Texas Water Development Fund II
73	73	attributable to deposits made under Subsection (a) of this section;
74	74	and
75	75	(2) the Texas Water Development Board or that board's
76	76	successor in function shall transfer the amount determined under
77	77	Subdivision (1) of this subsection from the Texas Water Development
78	78	Fund II to the State Water Implementation Fund for Texas.
79	79	(i) Subsections (g) and (h) of this section expire October
80	80	1, 2034, unless this section expires in accordance with Subsection
81	81	(g) of this section.
82	82	SECTION 2. The following temporary provision is added to
83	83	the Texas Constitution:
84	84	TEMPORARY PROVISION. (a) This temporary provision applies
85	85	to the constitutional amendment proposed by the 85th Legislature,
86	86	Regular Session, 2017, dedicating a portion of the revenue derived
87	87	from the state sales and use tax to the Texas Water Development Fund
88	88	II.
89	89	(b) Section 7-e, Article VIII, of this constitution takes
90	90	effect September 1, 2019.
91	91	(c) This temporary provision expires September 1, 2022.
92	92	SECTION 3. This proposed constitutional amendment shall be
93	93	submitted to the voters at an election to be held November 7, 2017.
94	94	The ballot shall be printed to permit voting for or against the
95	95	proposition: "The constitutional amendment dedicating certain
96	96	sales and use tax revenue to the Texas Water Development Fund II to
97	97	provide funding for increased water supply and water quality
98	98	enhancement."