1-1     By:  Brown                                            S.J.R. No. 17

 1-2           (In the Senate - Filed January 22, 1997; January 23, 1997,

 1-3     read first time and referred to Committee on Natural Resources;

 1-4     March 25, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 11, Nays 0; March 25, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.J.R. No. 17                   By:  Brown

 1-8                           SENATE JOINT RESOLUTION

 1-9     proposing a constitutional amendment relating to creation of the

1-10     Texas Water Development Fund II; to authorizing the Texas Water

1-11     Development Board to administer the fund and issue general

1-12     obligation bonds for the purposes of the fund; and to the flow of

1-13     funds for repayment of Texas agricultural water conservation bonds.

1-14           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Article III, Texas Constitution, is amended by

1-16     adding Section 49-d-8 to read as follows:

1-17           Sec. 49-d-8.  (a)  The Texas Water Development Fund II is

1-18     created in the state treasury as a fund separate and distinct from

1-19     the Texas Water Development Fund established under Section 49-c of

1-20     this article.  Money in the Texas Water Development Fund II shall

1-21     be administered without further appropriation by the Texas Water

1-22     Development Board and shall be used for any one or more of the

1-23     purposes authorized by Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-5,

1-24     49-d-6, and 49-d-7 of this article, as determined by the Texas

1-25     Water Development Board.  Separate accounts shall be established in

1-26     the Texas Water Development Fund II for administering proceedings

1-27     related to the purposes described in Section 49-d of this article,

1-28     the purposes described in Subsection (e) of Section 49-d-7 of this

1-29     article, and all other authorized purposes.  The Texas Water

1-30     Development Board is hereby authorized, at its determination, to

1-31     issue general obligation bonds for one or more accounts of the

1-32     Texas Water Development Fund II in an aggregate principal amount

1-33     equal to the amount of bonds authorized pursuant to Sections

1-34     49-d-2, 49-d-6, and 49-d-7 of this article less the amount of bonds

1-35     issued pursuant to those sections to augment the Texas Water

1-36     Development Fund.  Nothing in this section, however, shall grant to

1-37     the Texas Water Development Board the authority to issue bonds

1-38     under this section and under Sections 49-d-2, 49-d-6, and 49-d-7 of

1-39     this article in excess of the total amount of authorized bonds

1-40     described in Sections 49-d-2, 49-d-6, and 49-d-7 of this article or

1-41     to issue bonds for purposes described in Subsection (e) of Section

1-42     49-d-7 of this article in excess of $250,000,000.  The expenses of

1-43     the Texas Water Development Board in connection with the issuance

1-44     of bonds for an account of the Texas Water Development Fund II and

1-45     administration of such account may be paid from money in such

1-46     account.

1-47           (b)  The Texas Water Development Board is hereby authorized,

1-48     at its determination, to issue general obligation bonds for one or

1-49     more accounts of the Texas Water Development Fund II in order to

1-50     refund outstanding bonds previously issued to augment the Texas

1-51     Water Development Fund, as long as the principal amount of the

1-52     refunding bonds does not exceed the outstanding principal amount of

1-53     the refunded bonds, and to refund the general obligation of the

1-54     State of Texas under long-term contracts entered into by the Texas

1-55     Water Development Board with the United States or any of its

1-56     agencies under authority granted by Section 49-d of this article,

1-57     as long as the principal amount of the refunding bonds does not

1-58     exceed the principal amount of the contractual obligation of the

1-59     Texas Water Development Board.  Money and assets in the Texas Water

1-60     Development Fund attributable to such refunding bonds shall be

1-61     transferred to the appropriate account of the Texas Water

1-62     Development Fund II, as determined by the Texas Water Development

1-63     Board, to the extent not inconsistent with the proceedings

1-64     authorizing any outstanding bonds issued to augment the Texas Water

 2-1     Development Fund and the terms of any long-term contracts entered

 2-2     into by the Texas Water Development Board with the United States or

 2-3     any of its agencies.  Further, at such time as all bonds issued to

 2-4     augment the Texas Water Development Fund and all such contractual

 2-5     obligations have been paid or otherwise discharged, all money and

 2-6     assets in the Texas Water Development Fund shall be transferred to

 2-7     the credit of the Texas Water Development Fund II and deposited to

 2-8     the accounts therein, as determined by the Texas Water Development

 2-9     Board.

2-10           (c)  Subject to the limitations set forth in Section 49-d of

2-11     this article, the legislature shall provide terms and conditions

2-12     under which the Texas Water Development Board may sell, transfer,

2-13     or lease, in whole or in part, facilities held for the account

2-14     established within the Texas Water Development Fund II for

2-15     administering proceedings related to the purposes described in

2-16     Section 49-d of this article, and the legislature may provide terms

2-17     and conditions under which the Texas Water Development Board may

2-18     sell any unappropriated public waters of the state that may be

2-19     stored in such facilities.  Money received from any sale, transfer,

2-20     or lease of such facilities or water shall be credited to the

2-21     account established within the Texas Water Development Fund II for

2-22     the purpose of administering proceedings related to the purposes

2-23     described in Section 49-d of this article.

2-24           (d)  Each account of the Texas Water Development Fund II

2-25     shall consist of:

2-26                 (1)  the Texas Water Development Board's rights to

2-27     receive repayment of financial assistance provided from such

2-28     account, together with any evidence of such rights;

2-29                 (2)  money received from the sale or other disposition

2-30     of the Texas Water Development Board's rights to receive repayment

2-31     of such financial assistance;

2-32                 (3)  money received as repayment of such financial

2-33     assistance;

2-34                 (4)  money and assets attributable to bonds issued and

2-35     sold by the Texas Water Development Board for such account,

2-36     including money and assets transferred from the Texas Water

2-37     Development Fund pursuant to this section;

2-38                 (5)  money deposited in such account pursuant to

2-39     Subsection (c) of this section;

2-40                 (6)  payments received by the Texas Water Development

2-41     Board under a bond enhancement agreement as authorized by law with

2-42     respect to bonds issued for such account; and

2-43                 (7)  interest and other income received from investment

2-44     of money in such account.

2-45           (e)  Notwithstanding the provisions of Sections 49-d-2,

2-46     49-d-6, and 49-d-7 of this article, the principal of and interest

2-47     on the general obligation bonds issued for an account of the Texas

2-48     Water Development Fund II, including payments by the Texas Water

2-49     Development Board under a bond enhancement agreement as authorized

2-50     by law with respect to principal of or interest on such bonds,

2-51     shall be paid out of such account, but the money in such account

2-52     that is not immediately committed to the purposes of such account

2-53     or the payment of expenses may be invested as authorized by law

2-54     until the money is needed for those purposes.  If there is not

2-55     enough money in any account available to pay the principal of and

2-56     interest on the general obligation bonds issued for such account,

2-57     including money to make payments by the Texas Water Development

2-58     Board under a bond enhancement agreement as authorized by law with

2-59     respect to principal of or interest on such bonds, there is

2-60     appropriated out of the first money coming into the state treasury

2-61     in each fiscal year not otherwise appropriated by this constitution

2-62     an amount that is sufficient to pay the principal of and interest

2-63     on such general obligation bonds that mature or become due during

2-64     that fiscal year or to make bond enhancement payments with respect

2-65     to those bonds.

2-66           (f)  The general obligation bonds authorized by this section

2-67     may be issued as bonds, notes, or other obligations as permitted by

2-68     law and shall be sold in forms and denominations, on terms, at

2-69     times, in the manner, at places, and in installments, all as

 3-1     determined by the Texas Water Development Board.  The bonds shall

 3-2     bear a rate or rates of interest the Texas Water Development Board

 3-3     determines.  The bonds authorized by this section shall be

 3-4     incontestable after execution by the Texas Water Development Board,

 3-5     approval by the attorney general, and delivery to the purchaser or

 3-6     purchasers of the bonds.

 3-7           (g)  This section being intended only to establish a basic

 3-8     framework and not to be a comprehensive treatment of the Texas

 3-9     Water Development Fund II, there is hereby reposed in the

3-10     legislature full power to implement and effectuate the design and

3-11     objects of this section, including the power to delegate such

3-12     duties, responsibilities, functions, and authority to the Texas

3-13     Water Development Board as it believes necessary.

3-14           SECTION 2.  Subsection (c), Section 50-d, Article III, Texas

3-15     Constitution, is amended to read as follows:

3-16           (c)  Texas agricultural water conservation bonds are general

3-17     obligations of the State of Texas.  During the time that Texas

3-18     agricultural water conservation bonds or any interest on those

3-19     bonds is outstanding or unpaid, there is appropriated out of the

3-20     first money coming into the state treasury in each fiscal year, not

3-21     otherwise appropriated by this constitution, an amount that is

3-22     sufficient to pay the principal of and interest on those bonds that

3-23     mature or become due during that fiscal year[, less the amount in

3-24     the sinking fund at the close of the prior fiscal year].

3-25           SECTION 3.  This proposed constitutional amendment shall be

3-26     submitted to the voters at an election to be held November 4, 1997.

3-27     The ballot shall be printed to permit voting for or against the

3-28     proposition:  "The constitutional amendment relating to the

3-29     authorization to the Texas Water Development Board to transfer

3-30     existing bond authorizations for water supply, water quality, flood

3-31     control, or state participation from one category of use to another

3-32     category to maximize the use of existing funds and relating to more

3-33     efficient operation of the bond programs."

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