Texas 2023 - 88th Regular

Texas House Bill HJR125 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.J.R. No. 125
	1	+	By: Ashby, et al. (Senate Sponsor - Huffman) H.J.R. No. 125
	2	+	(In the Senate - Received from the House April 27, 2023;
	3	+	May 2, 2023, read first time and referred to Committee on Business &
	4	+	Commerce; May 3, 2023, rereferred to Committee on Finance;
	5	+	May 16, 2023, reported adversely, with favorable Committee
	6	+	Substitute by the following vote: Yeas 16, Nays 1; May 16, 2023,
	7	+	sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.J.R. No. 125 By: Huffman
2	10
3	11
4		-	A JOINT RESOLUTION
	12	+	HOUSE JOINT RESOLUTION
5	13		proposing a constitutional amendment creating the broadband
6	14		infrastructure fund to expand high-speed broadband access and
7	15		assist in the financing of connectivity projects.
8	16		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Article III, Texas Constitution, is amended by
10	18		adding Section 49-d-16 to read as follows:
11	19		Sec. 49-d-16. (a) In this section:
12	20		(1) "Comptroller" means the comptroller of public
13	21		accounts of the State of Texas or its successor.
14	22		(2) "Fund" means the broadband infrastructure fund.
15	23		(b) The broadband infrastructure fund is created as a
16	24		special fund in the state treasury outside the general revenue
17	25		fund.
18	26		(c) The fund consists of:
19	27		(1) money transferred or deposited to the credit of
20	28		the fund by this constitution, general law, or the General
21	29		Appropriations Act;
22	30		(2) revenue that the legislature by general law
23	31		dedicates for deposit to the credit of the fund;
24	32		(3) investment earnings and interest earned on money
25	33		in the fund; and
26	34		(4) gifts, grants, and donations to the fund.
27	35		(d) Money in the fund shall be administered by the
28		-	comptroller. Money from the fund may be used~~, without further~~
29		-	~~appropriation, only for the expansion~~ of access to and adoption of
30		-	~~broadband and telecommunications~~ services, including:
	36	+	comptroller. Money from the fund may be used only for the expansion
	37	+	of access to and adoption of broadband and telecommunications
	38	+	services, including:
31	39		(1) the development, construction, reconstruction,
32	40		and expansion of broadband and telecommunications infrastructure
33	41		or services;
34	42		(2) the operation of broadband and telecommunications
35	43		infrastructure;
36	44		(3) the provision of broadband and telecommunications
37	45		services; and
38	46		(4) the reasonable expenses of administering and
39	47		managing the investments of the fund.
40	48		(e) The legislature by general law shall provide for the
41	49		manner in which the assets of the fund may be used, subject to the
42	50		limitations of this section. Money in the fund may be used in
43	51		conjunction with other funds or financial resources, including
44	52		money from the federal government, in accordance with procedures,
45	53		standards, and limitations established by federal law and general
46	54		law of this state.
47		-	(f) The comptroller may transfer money from the fund to
48		-	another fund as provided by general law. The state agency that
49		-	administers the fund to which the money is transferred as
50		-	authorized by this subsection may use the money without further
51		-	appropriation only for the expansion of access to and adoption of
52		-	broadband and telecommunications services as provided by general
53		-	law.
	55	+	(f) For purposes of Section 22, Article VIII, of this
	56	+	constitution:
	57	+	(1) money in the fund is dedicated by this
	58	+	constitution; and
	59	+	(2) an appropriation of state tax revenues for the
	60	+	purpose of depositing money to the credit of the fund is treated as
	61	+	if it were an appropriation of revenues dedicated by this
	62	+	constitution.
54	63		(g) Unless extended by adoption of a concurrent resolution
55	64		approved by a record vote of two-thirds of the members of each house
56	65		of the legislature, this section expires on September 1, 2035. A
57	66		resolution suspends the expiration of this section until September
58	67		1 of the 10th year following the adoption of the resolution.
59	68		(h) Immediately before the expiration of this section, the
60	69		comptroller shall transfer any unexpended and unobligated balance
61	70		remaining in the fund to the general revenue fund.
62		-	(i) For purposes of Section 22, Article VIII, of this
63		-	constitution:
64		-	(1) money in the fund is dedicated by this
65		-	constitution; and
66		-	(2) an appropriation of state tax revenues for the
67		-	purpose of depositing money to the credit of the fund is treated as
68		-	if it were an appropriation of revenues dedicated by this
69		-	constitution.
70	71		SECTION 2. The following temporary provision is added to
71	72		the Texas Constitution:
72	73		TEMPORARY PROVISION. (a) This temporary provision applies
73	74		to the amendment to Article III of this constitution as proposed by
74	75		the 88th Legislature, Regular Session, 2023, creating the broadband
75	76		infrastructure fund to expand high-speed broadband access and
76	77		assist in the financing of connectivity projects.
77	78		(b) The change made to Article III of this constitution by
78	79		the amendment described in Subsection (a) of this section takes
79	80		effect January 1, 2024.
80	81		(c) This temporary provision expires January 1, 2025.
81	82		SECTION 3. This proposed constitutional amendment shall be
82	83		submitted to the voters at an election to be held November 7, 2023.
83	84		The ballot shall be printed to permit voting for or against the
84	85		proposition: "The constitutional amendment creating the broadband
85	86		infrastructure fund to expand high-speed broadband access and
86	87		assist in the financing of connectivity projects."
87		-	______________________________ ______________________________
88		-	President of the Senate Speaker of the House
89		-	I certify that H.J.R. No. 125 was passed by the House on April
90		-	26, 2023, by the following vote: Yeas 137, Nays 7, 1 present, not
91		-	voting; that the House refused to concur in Senate amendments to
92		-	H.J.R. No. 125 on May 23, 2023, by a non-record vote and requested
93		-	the appointment of a conference committee to consider the
94		-	differences between the two houses; and that the House adopted the
95		-	conference committee report on H.J.R. No. 125 on May 28, 2023, by
96		-	the following vote: Yeas 128, Nays 10, 1 present, not voting.
97		-	______________________________
98		-	Chief Clerk of the House
99		-	I certify that H.J.R. No. 125 was passed by the Senate, with
100		-	amendments, on May 18, 2023, by the following vote: Yeas 30, Nays
101		-	1; at the request of the House, the Senate appointed a conference
102		-	committee to consider the differences between the two houses; and
103		-	that the Senate adopted the conference committee report on H.J.R.
104		-	No. 125 on May 28, 2023, by the following vote: Yeas 30, Nays 1.
105		-	______________________________
106		-	Secretary of the Senate
107		-	RECEIVED: __________________
108		-	Date
109		-	__________________
110		-	Secretary of State
	88	+	* * * * *