85R9784 CJC-D
By: Workman H.J.R. No. 101
A JOINT RESOLUTION
proposing a constitutional amendment dedicating a portion of the
revenue derived from the state sales and use tax to the Texas Water
Development Fund II.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
adding Section 7-e to read as follows:
Sec. 7-e. (a) Subject to Subsections (b), (e), and (f) of
this section, in each state fiscal year, the comptroller of public
accounts shall deposit to the credit of a separate account in the
Texas Water Development Fund II $1 billion of the net revenue
derived from the imposition of the state sales and use tax on the
sale, storage, use, or other consumption in this state of taxable
items under Chapter 151, Tax Code, or its successor, that exceeds
the first $30.5 billion of that revenue coming into the treasury in
that state fiscal year. For purposes of determining when $30.5
billion of that revenue has come into the treasury in a state fiscal
year, the comptroller of public accounts shall include revenue from
the same source coming into the treasury that, under Section 7-c of
this article, is required to be deposited to the credit of the state
highway fund in each state fiscal year.
(b) Notwithstanding Subsection (a) of this section, the
comptroller of public accounts may not make a deposit required
under that subsection if, as a result of the deposit, the balance of
the Texas Water Development Fund II would exceed $4 billion.
(c) Money deposited to the credit of the Texas Water
Development Fund II under this section may be used by the Texas
Water Development Board or that board's successor in function only
for constructing and operating:
(1) a seawater desalination project; or
(2) an aquifer storage and recovery project as defined
by Chapter 27, Water Code, or its successor.
(d) The legislature by adoption of a concurrent resolution
approved by a record vote of two-thirds of the members of each house
of the legislature may direct the comptroller of public accounts to
reduce the amount of money deposited under Subsection (a) of this
section. The comptroller may be directed to make that reduction
only:
(1) in the state fiscal year in which the resolution is
adopted, or in either of the following two state fiscal years; and
(2) by an amount or percentage that does not result in
a reduction of more than 50 percent of the amount that would
otherwise be deposited under that subsection in the affected state
fiscal year.
(e) Subject to Subsection (f) of this section, the duty of
the comptroller of public accounts to make a deposit under
Subsection (a) of this section expires August 31, 2034.
(f) The legislature by adoption of a concurrent resolution
approved by a record vote of a majority of the members of each house
of the legislature may extend, in 10-year increments, the duty of
the comptroller of public accounts to make a deposit under
Subsection (a) of this section beyond the applicable date
prescribed by Subsection (e) of this section.
(g) This section expires September 15, 2034, if on or before
August 31 of that year:
(1) a project described by Subsection (c) of this
section, the costs for which are paid by the Texas Water Development
Board or that board's successor in function using money deposited
under Subsection (a) of this section, is not under active
construction or operational; and
(2) the legislature has not extended the duty of the
comptroller of public accounts to make the deposit under Subsection
(a) of this section in the manner provided by Subsection (f) of this
section.
(h) On September 1 of the year in which this section expires
under Subsection (g) of this section:
(1) the comptroller of public accounts shall determine
the amount of money in the Texas Water Development Fund II
attributable to deposits made under Subsection (a) of this section;
and
(2) the Texas Water Development Board or that board's
successor in function shall transfer the amount determined under
Subdivision (1) of this subsection from the Texas Water Development
Fund II to the State Water Implementation Fund for Texas.
(i) Subsections (g) and (h) of this section expire October
1, 2034, unless this section expires in accordance with Subsection
(g) of this section.
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 85th Legislature,
Regular Session, 2017, dedicating a portion of the revenue derived
from the state sales and use tax to the Texas Water Development Fund
II.
(b) Section 7-e, Article VIII, of this constitution takes
effect September 1, 2019.
(c) This temporary provision expires September 1, 2022.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment dedicating certain
sales and use tax revenue to the Texas Water Development Fund II to
provide funding for increased water supply and water quality
enhancement."