Texas 2023 - 88th Regular

Texas Senate Bill SJR27 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	2023S0004-1 11/30/22
2	2	By: Perry S.J.R. No. 27
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment creating the Texas
7	7	Connectivity Fund for the development of broadband and other
8	8	telecommunications services in all areas of the state and
9	9	authorizing the appropriation to that fund of a portion of revenue
10	10	received from the existing state sales and use taxes on
11	11	telecommunications services while not increasing the rate of the
12	12	sales and use taxes.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article III, Texas Constitution, is amended by
15	15	adding Section 68 to read as follows:
16	16	Sec. 68. (a) In this section:
17	17	(1) "Commission" means the Public Utility Commission
18	18	of Texas or its successor.
19	19	(2) "Comptroller" means the comptroller of public
20	20	accounts of the State of Texas.
21	21	(3) "Fund" means the Texas Connectivity Fund.
22	22	(b) The Texas Connectivity Fund is created in the state
23	23	treasury and shall be administered by the comptroller as a
24	24	revolving fund to provide a method of funding for the development of
25	25	telecommunications services, including the construction,
26	26	reconstruction, and expansion of telecommunications infrastructure
27	27	and services, and the operation of existing telecommunications
28	28	infrastructure and services as determined by the comptroller and
29	29	the commission in accordance with standards and procedures
30	30	established by law.
31	31	(c) Money in the fund may also be used in conjunction with
32	32	other funds in accordance with the procedures, standards, and
33	33	limitations established by federal law and the laws of this state.
34	34	(d) Money dedicated as provided by this section is
35	35	appropriated when received by the state, shall be deposited to the
36	36	credit of the fund, and may be used as provided by this section and
37	37	any laws enacted under this section without further appropriation.
38	38	(e) Unless authorized to continue by a two-thirds vote of
39	39	the members elected to each house, this section expires on
40	40	September 1, 2035.
41	41	SECTION 2. Article VIII, Texas Constitution, is amended by
42	42	adding Section 7-e to read as follows:
43	43	Sec. 7-e. (a) Subject to Subsection (b) of this section,
44	44	for each state fiscal year, 50 percent of the net revenue received
45	45	from the collection of any state taxes imposed on the sale, use, or
46	46	other consumption in this state of telecommunications services that
47	47	were subject to taxation on January 1, 2023, under Chapter 151, Tax
48	48	Code, is automatically appropriated to the Texas Connectivity Fund.
49	49	The legislature by general law may provide limitations on the use of
50	50	money appropriated under this subsection, with priority given to
51	51	funds required by the universal service fund or its successor.
52	52	(b) The legislature by adoption of a resolution approved by
53	53	a record vote of two-thirds of the members of each house may direct
54	54	the comptroller to reduce the amount of money appropriated to the
55	55	Texas Connectivity Fund. The comptroller may be directed to make
56	56	that reduction only:
57	57	(1) in the state fiscal year in which the resolution is
58	58	adopted, or in either of the following two state fiscal years; and
59	59	(2) by an amount that does not result in a reduction of
60	60	more than 50 percent of the amount that would otherwise be
61	61	appropriated to the Texas Connectivity Fund in the affected state
62	62	fiscal year under Subsection (a) of this section.
63	63	(c) Money appropriated to the Texas Connectivity Fund under
64	64	Subsection (a) of this section may not be considered available for
65	65	certification by the comptroller under Section 49a(b), Article III,
66	66	of this constitution.
67	67	(d) In this section, "telecommunications services" means
68	68	the electronic or electrical transmission, conveyance, routing, or
69	69	reception of sounds, signals, data, or information utilizing wires,
70	70	cable, radio waves, microwaves, satellites, fiber optics, or any
71	71	other method now in existence or that may be devised, including
72	72	long-distance telephone service. The term does not include:
73	73	(1) the storage of data or information for subsequent
74	74	retrieval or the processing, or reception and processing, of data
75	75	or information intended to change its form or content;
76	76	(2) the sale or use of a telephone prepaid calling
77	77	card;
78	78	(3) Internet access service; or
79	79	(4) the portion of the sales price of a pay telephone
80	80	coin sent-paid telephone call that is paid by coin.
81	81	(e) Unless authorized to continue by a two-thirds vote of
82	82	the members elected to each house, this section expires on
83	83	September 1, 2035.
84	84	SECTION 3. The following temporary provision is added to
85	85	the Texas Constitution:
86	86	TEMPORARY PROVISION. (a) This temporary provision applies
87	87	to the constitutional amendment proposed by the 88th Legislature,
88	88	Regular Session, 2023, dedicating a portion of the revenue received
89	89	from the existing state sales and use taxes that are imposed on
90	90	telecommunications services to the Texas Connectivity Fund to
91	91	provide funding for the development of broadband and other
92	92	telecommunications services in all areas of the state while not
93	93	increasing the rate of the state sales and use taxes.
94	94	(b) Section 68, Article III, of this constitution takes
95	95	effect September 1, 2025.
96	96	(c) Section 7-e, Article VIII, of this constitution takes
97	97	effect September 1, 2025, and applies only to state tax revenue
98	98	collected on or after that date.
99	99	(d) This temporary provision expires January 1, 2026.
100	100	SECTION 4. This proposed constitutional amendment shall be
101	101	submitted to the voters at an election to be held November 7, 2023.
102	102	The ballot shall be printed to provide for voting for or against the
103	103	proposition: "The constitutional amendment creating the Texas
104	104	Connectivity Fund for the development of broadband and other
105	105	telecommunications services in all areas of the state and
106	106	authorizing the appropriation to that fund of a portion of revenue
107	107	received from the existing state sales and use taxes on
108	108	telecommunications services while not increasing the rate of the
109	109	sales and use taxes."