88R13426 DIO-F
By: Ashby H.J.R. No. 125
A JOINT RESOLUTION
proposing a constitutional amendment creating the broadband
infrastructure fund to assist in the financing of broadband and
telecommunications services projects in the state.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 49-d-16 to read as follows:
Sec. 49-d-16. (a) In this section:
(1) "Commission" means the Public Utility Commission
of Texas or its successor.
(2) "Comptroller" means the comptroller of public
accounts of the State of Texas or its successor.
(3) "Fund" means the broadband infrastructure fund.
(b) The broadband infrastructure fund is created as a
special fund in the state treasury outside the general revenue
fund.
(c) As provided by general law, the fund shall be
administered by the comptroller to provide a method of financing
projects for the development of broadband and telecommunications
services, including the construction, reconstruction, and
expansion of broadband and telecommunications infrastructure or
services, the operation of broadband and telecommunications
infrastructure, and the provision of broadband and
telecommunications services, as determined by the comptroller and
the commission.
(d) Money in the fund is dedicated by this constitution for
purposes of Section 22, Article VIII, of this constitution, and an
appropriation from the economic stabilization fund to the credit of
the fund is an appropriation of state tax revenues dedicated by this
constitution for the purposes of Section 22, Article VIII, of this
constitution.
(e) Money deposited to the credit to the fund and
appropriations made from the fund may be used only in accordance
with this section and general laws enacted to implement this
section. Money in the fund may be used in conjunction with other
funds or financial resources, including money from the federal
government, in accordance with procedures, standards, and
limitations established by federal law and general law of this
state.
(f) The total amount appropriated by the legislature to the
fund may not exceed $5 billion.
(g) Unless extended by adoption of a concurrent resolution
approved by a record vote of two-thirds of the members of each house
of the legislature, this section expires on September 1, 2035. A
resolution suspends the expiration of this section until September
1 of the 10th year following the adoption of the resolution.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the amendment to Article III of this constitution as proposed by
the 88th Legislature, Regular Session, 2023, creating the broadband
infrastructure fund to assist in the financing of broadband and
telecommunications services projects in the state.
(b) The change made to Article III of this constitution by
the amendment described in Subsection (a) takes effect January 1,
2024.
(c) This temporary provision expires January 1, 2025.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2023.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment creating the broadband
infrastructure fund to assist in the financing of broadband and
telecommunications services projects in the state."