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A JOINT RESOLUTION
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proposing a constitutional amendment to dedicate a portion of the |
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revenue derived from state sales and use taxes to the Texas water |
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fund. |
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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 Section 7-d of this article and |
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Subsections (b) and (c) of this section, in each state fiscal year, |
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the comptroller of public accounts shall deposit to the credit of |
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the Texas water fund $1 billion of the net revenue derived from the |
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imposition of the state sales and use tax on the sale, storage, use, |
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or other consumption in this state of taxable items under Chapter |
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151, Tax Code, or its successor, that exceeds the first $48 billion |
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of that revenue coming into the treasury in that state fiscal year. |
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(b) 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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increase or reduce the amount of money deposited to the credit of |
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the Texas water fund under Subsection (a) of this section. The |
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comptroller may be directed to make the increase or reduction 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) an increase of more than 100 percent of the |
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amount that would otherwise be deposited to the fund in the affected |
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state fiscal year under Subsection (a) of this section; or |
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(B) a reduction of more than 50 percent of the |
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amount that would otherwise be deposited to the fund in the affected |
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state fiscal year under Subsection (a) of this section. |
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(c) Subject to Subsection (d) of this section, the duty of |
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the comptroller of public accounts to make a deposit under this |
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section expires August 31, 2035. |
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(d) 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 (c) of this section. |
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(e) Money deposited to the credit of the Texas water fund |
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under Subsection (a) of this section and transferred by the Texas |
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Water Development Board or that board's successor to the New Water |
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Supply for Texas Fund may not be used to provide financial |
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assistance for projects the primary purpose of which is to produce |
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groundwater, or transport groundwater produced, from a well in this |
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state. The limitation prescribed by this subsection does not apply |
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to a project to produce or transport groundwater that is considered |
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brackish under general law or by the board. |
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(f) Notwithstanding that money transferred from the Texas |
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water fund to a fund or account may be spent without further |
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legislative appropriation as provided by Section 49-d-16(b), |
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Article III, of this constitution, the revenue derived from the |
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imposition of the state sales and use tax dedicated by this Section |
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7-e shall be maintained in a separate account and may not be drawn |
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from the treasury but in pursuance of specific appropriation made |
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by law as provided by Section 6 of this article. |
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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 89th Legislature, |
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Regular Session, 2025, to dedicate a portion of the revenue derived |
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from state sales and use taxes to the Texas water fund. |
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(b) Section 7-e, Article VIII, of this constitution takes |
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effect September 1, 2027. |
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(c) This temporary provision expires September 1, 2028. |
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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 4, 2025. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to dedicate a portion of |
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the revenue derived from state sales and use taxes to the Texas |
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water fund." |