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A JOINT RESOLUTION
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proposing a constitutional amendment creating the broadband |
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infrastructure fund to assist in the financing of broadband and |
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telecommunications services projects in the state. |
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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-16 to read as follows: |
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Sec. 49-d-16. (a) In this section: |
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(1) "Commission" means the Public Utility Commission |
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of Texas or its successor. |
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(2) "Comptroller" means the comptroller of public |
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accounts of the State of Texas or its successor. |
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(3) "Fund" means the broadband infrastructure fund. |
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(b) The broadband infrastructure fund is created as a |
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special fund in the state treasury outside the general revenue |
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fund. |
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(c) As provided by general law, the fund shall be |
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administered by the comptroller to provide a method of financing |
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projects for the development of broadband and telecommunications |
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services, including the construction, reconstruction, and |
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expansion of broadband and telecommunications infrastructure or |
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services, the operation of broadband and telecommunications |
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infrastructure, and the provision of broadband and |
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telecommunications services, as determined by the comptroller and |
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the commission. |
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(d) Money in the fund is dedicated by this constitution for |
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purposes of Section 22, Article VIII, of this constitution, and an |
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appropriation from the economic stabilization fund to the credit of |
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the fund is an appropriation of state tax revenues dedicated by this |
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constitution for the purposes of Section 22, Article VIII, of this |
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constitution. |
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(e) Money deposited to the credit to the fund and |
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appropriations made from the fund may be used only in accordance |
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with this section and general laws enacted to implement this |
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section. Money in the fund may be used in conjunction with other |
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funds or financial resources, including money from the federal |
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government, in accordance with procedures, standards, and |
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limitations established by federal law and general law of this |
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state. |
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(f) The total amount appropriated by the legislature to the |
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fund may not exceed $5 billion. |
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(g) Unless extended 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, this section expires on September 1, 2035. A |
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resolution suspends the expiration of this section until September |
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1 of the 10th year following the adoption of the resolution. |
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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 amendment to Article III of this constitution as proposed by |
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the 88th Legislature, Regular Session, 2023, creating the broadband |
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infrastructure fund to assist in the financing of broadband and |
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telecommunications services projects in the state. |
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(b) The change made to Article III of this constitution by |
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the amendment described in Subsection (a) takes effect January 1, |
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2024. |
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(c) This temporary provision expires January 1, 2025. |
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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, 2023. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment creating the broadband |
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infrastructure fund to assist in the financing of broadband and |
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telecommunications services projects in the state." |