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A JOINT RESOLUTION
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proposing a constitutional amendment providing for the creation and |
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funding of the state water implementation fund for Texas to assist |
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the Texas Water Development Board in the funding of certain |
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projects included in the state water plan. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 49-d-12 to read as follows: |
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Sec. 49-d-12. (a) The state water implementation fund for |
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Texas is created in the state treasury to provide a method for |
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financing projects included in a statewide water plan that is |
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required by general law and adopted by the Texas Water Development |
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Board or its successor in function. |
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(b) Money deposited to the credit of the state water |
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implementation fund for Texas and interest earned on the investment |
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of money credited to the fund shall be administered, without |
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further appropriation, by the Texas Water Development Board or its |
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successor in function and used only to fund projects included in a |
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statewide water plan that is required by general law and adopted by |
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the Texas Water Development Board or its successor in function. |
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(c) The legislature by general law: |
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(1) may provide for the imposition by this state of a |
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fee or tax the proceeds of which shall be deposited to the credit of |
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the state water implementation fund for Texas and may provide for |
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the deposit of other sources of revenue to the credit of the fund; |
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and |
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(2) shall prescribe the manner in which money in the |
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fund may be used. |
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(d) This subsection expires September 1, 2027. The |
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legislature by general law shall provide for the imposition of a |
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public water supply service connection fee to be collected by a |
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water utility from the utility's customers. The legislature by |
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general law may provide for exemptions from the fee. A fee |
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collected under this subsection shall be deposited to the credit of |
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the state water implementation fund for Texas. The comptroller of |
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public accounts by rule shall establish the rate of the fee, which |
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may not exceed: |
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(1) $1 each month, if the connection is for a |
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residential use; |
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(2) $5 each month, if the connection is for a |
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commercial use; or |
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(3) $100 each month, if the connection is for an |
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industrial use. |
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(e) A general law enacted under this section dedicating |
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revenue to the state water implementation fund for Texas prevails |
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over any Act enacted in the same session of the legislature that |
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purports to abolish dedications of revenue in the state treasury |
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for a particular purpose, regardless of the relative dates of |
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enactment. |
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(f) If the system benefit fund created under Section 39.903, |
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Utilities Code, or its successor in function exists on September 1, |
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2014, the comptroller of public accounts shall transfer from that |
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fund or its successor in function the lesser of $500 million or the |
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amount available in that fund or its successor in function to the |
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state water implementation fund for Texas on that date. This |
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subsection expires September 1, 2015. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies to |
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the constitutional amendment proposed by the 82nd Legislature, |
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Regular Session, 2011, providing for the creation and funding of |
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the state water implementation fund for Texas to assist the Texas |
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Water Development Board in the funding of certain projects included |
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in the state water plan. |
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(b) A general law enacted in anticipation of the adoption of |
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the amendment is not void due to the law's anticipatory character. |
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(c) This temporary provision expires January 1, 2013. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment providing for the |
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creation and funding of the state water implementation fund for |
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Texas to assist the Texas Water Development Board in the funding of |
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certain projects included in the state water plan." |