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A JOINT RESOLUTION
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proposing a constitutional amendment dedicating a portion of the |
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revenue derived from the state sales and use tax to the Texas Water |
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Development Fund II. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article VIII, Texas Constitution, is amended by |
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adding Section 7-e to read as follows: |
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Sec. 7-e. (a) Subject to Subsections (b), (e), and (f) of |
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this section, in each state fiscal year, the comptroller of public |
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accounts shall deposit to the credit of a separate account in the |
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Texas Water Development Fund II $1 billion of the net revenue |
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derived from the imposition of the state sales and use tax on the |
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sale, storage, use, or other consumption in this state of taxable |
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items under Chapter 151, Tax Code, or its successor, that exceeds |
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the first $30.5 billion of that revenue coming into the treasury in |
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that state fiscal year. For purposes of determining when $30.5 |
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billion of that revenue has come into the treasury in a state fiscal |
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year, the comptroller of public accounts shall include revenue from |
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the same source coming into the treasury that, under Section 7-c of |
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this article, is required to be deposited to the credit of the state |
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highway fund in each state fiscal year. |
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(b) Notwithstanding Subsection (a) of this section, the |
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comptroller of public accounts may not make a deposit required |
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under that subsection if, as a result of the deposit, the balance of |
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the Texas Water Development Fund II would exceed $4 billion. |
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(c) Money deposited to the credit of the Texas Water |
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Development Fund II under this section may be used by the Texas |
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Water Development Board or that board's successor in function only |
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for constructing and operating: |
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(1) a seawater desalination project; or |
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(2) an aquifer storage and recovery project as defined |
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by Chapter 27, Water Code, or its successor. |
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(d) The legislature by adoption of a concurrent resolution |
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approved by a record vote of two-thirds of the members of each house |
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of the legislature may direct the comptroller of public accounts to |
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reduce the amount of money deposited under Subsection (a) of this |
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section. The comptroller may be directed to make that reduction |
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only: |
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(1) in the state fiscal year in which the resolution is |
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adopted, or in either of the following two state fiscal years; and |
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(2) by an amount or percentage that does not result in |
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a reduction of more than 50 percent of the amount that would |
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otherwise be deposited under that subsection in the affected state |
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fiscal year. |
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(e) Subject to Subsection (f) of this section, the duty of |
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the comptroller of public accounts to make a deposit under |
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Subsection (a) of this section expires August 31, 2034. |
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(f) The legislature by adoption of a concurrent resolution |
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approved by a record vote of a majority of the members of each house |
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of the legislature may extend, in 10-year increments, the duty of |
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the comptroller of public accounts to make a deposit under |
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Subsection (a) of this section beyond the applicable date |
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prescribed by Subsection (e) of this section. |
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(g) This section expires September 15, 2034, if on or before |
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August 31 of that year: |
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(1) a project described by Subsection (c) of this |
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section, the costs for which are paid by the Texas Water Development |
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Board or that board's successor in function using money deposited |
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under Subsection (a) of this section, is not under active |
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construction or operational; and |
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(2) the legislature has not extended the duty of the |
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comptroller of public accounts to make the deposit under Subsection |
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(a) of this section in the manner provided by Subsection (f) of this |
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section. |
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(h) On September 1 of the year in which this section expires |
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under Subsection (g) of this section: |
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(1) the comptroller of public accounts shall determine |
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the amount of money in the Texas Water Development Fund II |
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attributable to deposits made under Subsection (a) of this section; |
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and |
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(2) the Texas Water Development Board or that board's |
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successor in function shall transfer the amount determined under |
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Subdivision (1) of this subsection from the Texas Water Development |
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Fund II to the State Water Implementation Fund for Texas. |
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(i) Subsections (g) and (h) of this section expire October |
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1, 2034, unless this section expires in accordance with Subsection |
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(g) of this section. |
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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 |
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to the constitutional amendment proposed by the 85th Legislature, |
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Regular Session, 2017, dedicating a portion of the revenue derived |
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from the state sales and use tax to the Texas Water Development Fund |
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II. |
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(b) Section 7-e, Article VIII, of this constitution takes |
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effect September 1, 2019. |
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(c) This temporary provision expires September 1, 2022. |
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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 7, 2017. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment dedicating certain |
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sales and use tax revenue to the Texas Water Development Fund II to |
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provide funding for increased water supply and water quality |
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enhancement." |