By: Ashby, et al. (Senate Sponsor - Huffman) H.J.R. No. 125
(In the Senate - Received from the House April 27, 2023;
May 2, 2023, read first time and referred to Committee on Business &
Commerce; May 3, 2023, rereferred to Committee on Finance;
May 16, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 16, Nays 1; May 16, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.J.R. No. 125 By: Huffman
HOUSE JOINT RESOLUTION
proposing a constitutional amendment creating the broadband
infrastructure fund to expand high-speed broadband access and
assist in the financing of connectivity projects.
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) "Comptroller" means the comptroller of public
accounts of the State of Texas or its successor.
(2) "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) The fund consists of:
(1) money transferred or deposited to the credit of
the fund by this constitution, general law, or the General
Appropriations Act;
(2) revenue that the legislature by general law
dedicates for deposit to the credit of the fund;
(3) investment earnings and interest earned on money
in the fund; and
(4) gifts, grants, and donations to the fund.
(d) Money in the fund shall be administered by the
comptroller. Money from the fund may be used only for the expansion
of access to and adoption of broadband and telecommunications
services, including:
(1) the development, construction, reconstruction,
and expansion of broadband and telecommunications infrastructure
or services;
(2) the operation of broadband and telecommunications
infrastructure;
(3) the provision of broadband and telecommunications
services; and
(4) the reasonable expenses of administering and
managing the investments of the fund.
(e) The legislature by general law shall provide for the
manner in which the assets of the fund may be used, subject to the
limitations of 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) For purposes of Section 22, Article VIII, of this
constitution:
(1) money in the fund is dedicated by this
constitution; and
(2) an appropriation of state tax revenues for the
purpose of depositing money to the credit of the fund is treated as
if it were an appropriation of revenues dedicated by this
constitution.
(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.
(h) Immediately before the expiration of this section, the
comptroller shall transfer any unexpended and unobligated balance
remaining in the fund to the general revenue fund.
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 expand high-speed broadband access and
assist in the financing of connectivity projects.
(b) The change made to Article III of this constitution by
the amendment described in Subsection (a) of this section 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 expand high-speed broadband access and
assist in the financing of connectivity projects."
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