82R25006 ACP-D

By: Ritter H.J.R. No. 138

Substitute the following for H.J.R. No. 138:

By: Hopson C.S.H.J.R. No. 138

A JOINT RESOLUTION

proposing a constitutional amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article III, Texas Constitution, is amended by adding Section 49-d-12 to read as follows:

Sec. 49-d-12. (a) The state water implementation fund for Texas is created in the state treasury to provide a method for financing projects included in a statewide water plan that is required by general law and adopted by the Texas Water Development Board or its successor in function.

(b) Money deposited to the credit of the state water implementation fund for Texas and interest earned on the investment of money credited to the fund shall be administered, without further appropriation, by the Texas Water Development Board or its successor in function and used only to fund projects included in a statewide water plan that is required by general law and adopted by the Texas Water Development Board or its successor in function.

(c) The legislature by general law:

(1) may provide for the imposition by this state of a fee or tax the proceeds of which shall be deposited to the credit of the state water implementation fund for Texas and may provide for the deposit of other sources of revenue to the credit of the fund; and

(2) shall prescribe the manner in which money in the fund may be used.

(d) This subsection expires September 1, 2027. The legislature by general law shall provide for the imposition of a public water supply service connection fee to be collected by a water utility from the utility's customers. The legislature by general law may provide for exemptions from the fee. A fee collected under this subsection shall be deposited to the credit of the state water implementation fund for Texas. The comptroller of public accounts by rule shall establish the rate of the fee, which may not exceed:

(1) $1 each month, if the connection is for a residential use;

(2) $5 each month, if the connection is for a commercial use; or

(3) $100 each month, if the connection is for an industrial use.

(e) A general law enacted under this section dedicating revenue to the state water implementation fund for Texas prevails over any Act enacted in the same session of the legislature that purports to abolish dedications of revenue in the state treasury for a particular purpose, regardless of the relative dates of enactment.

(f) If the system benefit fund created under Section 39.903, Utilities Code, or its successor in function exists on September 1, 2014, the comptroller of public accounts shall transfer from that fund or its successor in function the lesser of $500 million or the amount available in that fund or its successor in function to the state water implementation fund for Texas on that date. This subsection expires September 1, 2015.

SECTION 2. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 82nd Legislature, Regular Session, 2011, providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan.

(b) A general law enacted in anticipation of the adoption of the amendment is not void due to the law's anticipatory character.

(c) This temporary provision expires January 1, 2013.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2011. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan."