88R20613 JAM-F
By: Clardy, Rogers, King of Uvalde, Price, H.J.R. No. 169
Burrows, et al.
A JOINT RESOLUTION
proposing a constitutional amendment providing for the dedication
of certain sales and use tax revenue to a special fund established
in the state treasury to pay for water infrastructure in this 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) The Texas Water Fund is created as a
special fund in the state treasury outside the general revenue
fund. Money in the Texas Water Fund is administered by the Texas
Water Development Board or that board's successor in function and
may be used only as provided by general law by the Texas Water
Development Board or that board's successor in function.
(b) The administrator of the Texas Water Fund may establish
separate accounts in the fund as necessary to administer the fund or
authorized projects.
(c) The legislature by general law may authorize the
administrator of the Texas Water Fund to issue bonds and enter into
related credit agreements that are payable only from all revenues
available to the Texas Water Fund.
(d) The administrator of the Texas Water Fund shall provide
written notice to the Legislative Budget Board or that board's
successor in function before issuing a revenue bond pursuant to
this section or entering into a related credit agreement that is
payable from revenue deposited to the credit of the fund and shall
provide a copy of the proposed bond or agreement to the Legislative
Budget Board or that board's successor in function for
approval. The proposed bond or agreement shall be considered to be
approved unless the Legislative Budget Board or that board's
successor in function issues a written disapproval not later than
the 21st day after the date on which the staff of that board
receives the submission.
(e) The Texas Water Fund consists of:
(1) money transferred or deposited to the fund as
provided by Section 7-c, Article VIII, of this constitution;
(2) appropriations made to the fund by the
legislature;
(3) gifts and grants, including grants from the
federal government and other organizations, made to the fund;
(4) all interest, dividends, and other income of the
fund;
(5) the proceeds from the sale of bonds, including
revenue bonds issued under this section by the administrator of the
Texas Water Fund for the purpose of providing money for the fund;
and
(6) repayments of loans made from the fund.
(f) Money from the Texas Water Fund may be used as provided
by general law for the purpose of:
(1) making grants or loans for water infrastructure
projects; and
(2) disbursing money to another fund or account
administered by the Texas Water Development Board or that board's
successor in function.
(g) The legislature by general law shall provide for the
manner in which the assets of the Texas Water Fund may be used,
subject to the limitations provided by this section. The
legislature by general law may provide for costs of the Texas Water
Fund to be paid from that fund.
(h) In each fiscal year in which amounts become due under
the revenue bonds or agreements authorized by this section, the
administrator of the Texas Water Fund shall set aside from revenue
deposited to the credit of the Texas Water Fund in that fiscal year
an amount that is sufficient to pay:
(1) the principal of and interest on the bonds that
mature or become due during the fiscal year; and
(2) any cost related to the bonds, including payments
under related credit agreements that become due during that fiscal
year.
(i) Any obligations authorized by general law to be issued
by the administrator of the Texas Water Fund pursuant to this
section are special obligations payable solely from amounts in the
Texas Water Fund. Obligations issued by the Texas Water
Development Board or that board's successor in function pursuant to
this section may not be a constitutional state debt payable from the
general revenue of the state.
(j) Any dedication or appropriation of revenue to the credit
of the Texas Water Fund may not be modified so as to impair any
outstanding bonds secured by a pledge of that revenue unless
provisions have been made for a full discharge of those bonds.
(k) Money in the Texas Water Fund is dedicated by this
constitution for purposes of Section 22, Article VIII, of this
constitution.
(l) This section is intended only to establish a basic
framework for and not to be a comprehensive treatment of the Texas
Water Fund. The legislature by law may implement and effectuate the
design and objects of this section, and may delegate duties,
responsibilities, functions, and authority to the Texas Water
Development Board or that board's successor in function as the
legislature considers necessary.
SECTION 2. Section 7-c, Article VIII, Texas Constitution,
is amended by adding Subsections (b-1) and (d-1) to read as follows:
(b-1) Subject to Subsection (d-1) of this section,
beginning with the state fiscal year beginning September 1, 2023,
in each state fiscal year, the comptroller of public accounts shall
deposit to the credit of the Texas Water Fund $250 million 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 amount of $30.5 billion of that revenue coming into the
treasury.
(d-1) The legislature by adoption of a 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 to the credit of the Texas Water Fund
under Subsection (b-1) 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 to the fund in the affected state fiscal year
under Subsection (b-1) of this section.
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 providing for the
dedication of certain sales and use tax revenue to a special fund
established in the state treasury to pay for water infrastructure
in this state."