By: Ashby, et al. (Senate Sponsor - Huffman) H.J.R. No. 125
         (In the Senate - Received from the House April 27, 2023;
  May 2, 2023, read first time and referred to Committee on Business &
  Commerce; May 3, 2023, rereferred to Committee on Finance;
  May 16, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 16, Nays 1; May 16, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.J.R. No. 125 By:  Huffman
 
 
HOUSE JOINT RESOLUTION
 
 
  proposing a constitutional amendment creating the broadband
  infrastructure fund to expand high-speed broadband access and
  assist in the financing of connectivity projects.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article III, Texas Constitution, is amended by
  adding Section 49-d-16 to read as follows:
         Sec. 49-d-16.  (a) In this section:
               (1)  "Comptroller" means the comptroller of public
  accounts of the State of Texas or its successor.
               (2)  "Fund" means the broadband infrastructure fund.
         (b)  The broadband infrastructure fund is created as a
  special fund in the state treasury outside the general revenue
  fund.
         (c)  The fund consists of:
               (1)  money transferred or deposited to the credit of
  the fund by this constitution, general law, or the General
  Appropriations Act;
               (2)  revenue that the legislature by general law
  dedicates for deposit to the credit of the fund;
               (3)  investment earnings and interest earned on money
  in the fund; and
               (4)  gifts, grants, and donations to the fund.
         (d)  Money in the fund shall be administered by the
  comptroller. Money from the fund may be used only for the expansion
  of access to and adoption of broadband and telecommunications
  services, including:
               (1)  the development, construction, reconstruction,
  and expansion of broadband and telecommunications infrastructure
  or services;
               (2)  the operation of broadband and telecommunications
  infrastructure;
               (3)  the provision of broadband and telecommunications
  services; and
               (4)  the reasonable expenses of administering and
  managing the investments of the fund.
         (e)  The legislature by general law shall provide for the
  manner in which the assets of the fund may be used, subject to the
  limitations of this section. Money in the fund may be used in
  conjunction with other funds or financial resources, including
  money from the federal government, in accordance with procedures,
  standards, and limitations established by federal law and general
  law of this state.
         (f)  For purposes of Section 22, Article VIII, of this
  constitution:
               (1)  money in the fund is dedicated by this
  constitution; and
               (2)  an appropriation of state tax revenues for the
  purpose of depositing money to the credit of the fund is treated  as
  if it were an appropriation of revenues dedicated by this
  constitution.
         (g)  Unless extended by adoption of a concurrent resolution
  approved by a record vote of two-thirds of the members of each house
  of the legislature, this section expires on September 1, 2035. A
  resolution suspends the expiration of this section until September
  1 of the 10th year following the adoption of the resolution.
         (h)  Immediately before the expiration of this section, the
  comptroller shall transfer any unexpended and unobligated balance
  remaining in the fund to the general revenue fund.
         SECTION 2.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies
  to the amendment to Article III of this constitution as proposed by
  the 88th Legislature, Regular Session, 2023, creating the broadband
  infrastructure fund to expand high-speed broadband access and
  assist in the financing of connectivity projects.
         (b)  The change made to Article III of this constitution by
  the amendment described in Subsection (a) of this section takes
  effect January 1, 2024.
         (c)  This temporary provision expires January 1, 2025.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 7, 2023.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment creating the broadband
  infrastructure fund to expand high-speed broadband access and
  assist in the financing of connectivity projects."
 
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