1 | 1 | | By: Perry, et al. S.J.R. No. 66 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | A JOINT RESOLUTION |
---|
7 | 7 | | proposing a constitutional amendment dedicating a portion of the |
---|
8 | 8 | | revenue derived from state sales and use taxes and insurance |
---|
9 | 9 | | premium taxes to the Texas water fund. |
---|
10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
11 | 11 | | SECTION 1. Section 49-d-16, Article III, Texas |
---|
12 | 12 | | Constitution, as proposed by S.J.R. 75, 88th Legislature, Regular |
---|
13 | 13 | | Session, 2023, is amended by amending Subsections (c) and (e) and |
---|
14 | 14 | | adding Subsections (e-1), (e-2), and (e-3) to read as follows: |
---|
15 | 15 | | (c) The Texas water fund consists of: |
---|
16 | 16 | | (1) money transferred or deposited to the credit of |
---|
17 | 17 | | the fund under this constitution or by general law, including money |
---|
18 | 18 | | appropriated by the legislature directly to the fund and money from |
---|
19 | 19 | | any source transferred or deposited to the credit of the fund |
---|
20 | 20 | | authorized by this constitution or by general law; |
---|
21 | 21 | | (2) any other revenue that the legislature by statute |
---|
22 | 22 | | dedicates for deposit to the credit of the fund; |
---|
23 | 23 | | (3) investment earnings and interest earned on amounts |
---|
24 | 24 | | credited to the fund; |
---|
25 | 25 | | (4) money from gifts, grants, or donations to the |
---|
26 | 26 | | fund; and |
---|
27 | 27 | | (5) money returned from any authorized transfer. |
---|
28 | 28 | | (e) For the period of 10 state fiscal years beginning |
---|
29 | 29 | | September 1, 2043, and for each period of 10 state fiscal years that |
---|
30 | 30 | | occur after that period has ended, the legislature by general law |
---|
31 | 31 | | may allocate for transfer to the funds and accounts administered by |
---|
32 | 32 | | the Texas Water Development Board or that board's successor the |
---|
33 | 33 | | money deposited to the credit of the Texas water fund under Section |
---|
34 | 34 | | 7-e, Article VIII, of this constitution. The allocation of money |
---|
35 | 35 | | prescribed by a general law enacted under this subsection may not be |
---|
36 | 36 | | amended by the legislature during the 10-year period for which the |
---|
37 | 37 | | money is allocated. Any money deposited to the credit of the Texas |
---|
38 | 38 | | water fund under Section 7-e, Article VIII, of this constitution |
---|
39 | 39 | | that is not allocated by a general law enacted under this subsection |
---|
40 | 40 | | may be transferred to other funds or accounts by the Texas Water |
---|
41 | 41 | | Development Board or that board's successor in accordance with |
---|
42 | 42 | | Subsection (b) of this section. |
---|
43 | 43 | | (e-1) Of the amount of money initially appropriated to the |
---|
44 | 44 | | Texas water fund, the administrator of the fund shall allocate not |
---|
45 | 45 | | less than 25 percent to be used only for transfer to the New Water |
---|
46 | 46 | | Supply for Texas Fund. |
---|
47 | 47 | | (e-2) Of the amount of money deposited to the credit of the |
---|
48 | 48 | | Texas water fund under Section 7-e, Article VIII, of this |
---|
49 | 49 | | constitution before September 1, 2043, the administrator of the |
---|
50 | 50 | | fund shall allocate not less than 80 percent to be used only for |
---|
51 | 51 | | transfer to the New Water Supply for Texas Fund. |
---|
52 | 52 | | (e-3) This subsection and Subsections (e-1) and (e-2) of |
---|
53 | 53 | | this section expire August 31, 2043. |
---|
54 | 54 | | SECTION 2. Article VIII, Texas Constitution, is amended by |
---|
55 | 55 | | adding Section 7-e to read as follows: |
---|
56 | 56 | | Sec. 7-e. (a) Subject to Section 7-d of this article and |
---|
57 | 57 | | Subsections (b) and (c) of this section, in each state fiscal |
---|
58 | 58 | | year, the comptroller of public accounts shall deposit to the |
---|
59 | 59 | | credit of the Texas water fund: |
---|
60 | 60 | | (1) the net revenue derived from the imposition of the |
---|
61 | 61 | | state sales and use tax on the sale, storage, use, or other |
---|
62 | 62 | | consumption in this state of taxable items under Chapter 151, Tax |
---|
63 | 63 | | Code, or its successor, that exceeds the first $46.5 billion of that |
---|
64 | 64 | | revenue coming into the treasury in that state fiscal year, |
---|
65 | 65 | | provided that the total amount deposited to the credit of the Texas |
---|
66 | 66 | | water fund under this subsection in a state fiscal year may not |
---|
67 | 67 | | exceed $500 million; and |
---|
68 | 68 | | (2) the first $500 million of the net revenue derived |
---|
69 | 69 | | from the imposition of the insurance premium taxes on the taxable |
---|
70 | 70 | | gross premiums, gross premium receipts, and gross revenues from the |
---|
71 | 71 | | sale of certificates or contracts subject to those taxes under |
---|
72 | 72 | | Subtitle B, Title 3, Insurance Code, or its successor, coming into |
---|
73 | 73 | | the treasury in that state fiscal year. |
---|
74 | 74 | | (b) The legislature by adoption of a resolution approved by |
---|
75 | 75 | | a record vote of two-thirds of the members of each house of the |
---|
76 | 76 | | legislature may direct the comptroller of public accounts to reduce |
---|
77 | 77 | | the amount of money deposited to the credit of the Texas water fund |
---|
78 | 78 | | under Subsection (a) of this section. The comptroller may be |
---|
79 | 79 | | directed to make that reduction only: |
---|
80 | 80 | | (1) in the state fiscal year in which the resolution is |
---|
81 | 81 | | adopted, or in either of the following two state fiscal years; and |
---|
82 | 82 | | (2) by an amount or percentage that does not result in |
---|
83 | 83 | | a reduction of more than 50 percent of the amount that would |
---|
84 | 84 | | otherwise be deposited to the fund in the affected state fiscal year |
---|
85 | 85 | | under the applicable subsection of this section. |
---|
86 | 86 | | (c) Subject to Subsection (d) of this section, the duty of |
---|
87 | 87 | | the comptroller of public accounts to make a deposit under |
---|
88 | 88 | | Subsection (a) of this section expires August 31, 2043. |
---|
89 | 89 | | (d) The legislature by adoption of a concurrent resolution |
---|
90 | 90 | | approved by a record vote of a majority of the members of each house |
---|
91 | 91 | | of the legislature may extend, in 10-year increments, the duty of |
---|
92 | 92 | | the comptroller of public accounts to make a deposit under |
---|
93 | 93 | | Subsection (a) of this section beyond the date prescribed by |
---|
94 | 94 | | Subsection (c) of this section. |
---|
95 | 95 | | SECTION 3. The following temporary provision is added to |
---|
96 | 96 | | the Texas Constitution: |
---|
97 | 97 | | TEMPORARY PROVISION. (a) This temporary provision applies |
---|
98 | 98 | | to the constitutional amendment proposed by the 89th Legislature, |
---|
99 | 99 | | Regular Session, 2025, dedicating a portion of the revenue derived |
---|
100 | 100 | | from state sales and use taxes and the insurance premium taxes to |
---|
101 | 101 | | the Texas water fund. |
---|
102 | 102 | | (b) Section 7-e, Article VIII, of this constitution takes |
---|
103 | 103 | | effect September 1, 2027. |
---|
104 | 104 | | (c) This temporary provision expires September 1, 2028. |
---|
105 | 105 | | SECTION 4. This proposed constitutional amendment shall be |
---|
106 | 106 | | submitted to the voters at an election to be held November 4, 2025. |
---|
107 | 107 | | The ballot shall be printed to permit voting for or against the |
---|
108 | 108 | | proposition: "The constitutional amendment dedicating a portion of |
---|
109 | 109 | | the revenue derived from state sales and use taxes and insurance |
---|
110 | 110 | | premium taxes to the Texas water fund." |
---|