H.J.R. No. 125
A 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, without further
appropriation, 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) The comptroller may transfer money from the fund to
another fund as provided by general law. The state agency that
administers the fund to which the money is transferred as
authorized by this subsection may use the money without further
appropriation only for the expansion of access to and adoption of
broadband and telecommunications services as provided by general
law.
(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.
(i) 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.
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."
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.J.R. No. 125 was passed by the House on April
26, 2023, by the following vote: Yeas 137, Nays 7, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.J.R. No. 125 on May 23, 2023, by a non-record vote and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.J.R. No. 125 on May 28, 2023, by
the following vote: Yeas 128, Nays 10, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.J.R. No. 125 was passed by the Senate, with
amendments, on May 18, 2023, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.J.R.
No. 125 on May 28, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
RECEIVED: __________________
Date
__________________
Secretary of State