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HOUSE 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 and to provide for the allocation and use of that revenue. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49-d-16, Article III, Texas |
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Constitution, as proposed by S.J.R. 75, 88th Legislature, Regular |
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Session, 2023, is amended by amending Subsections (c) and (e) and |
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adding Subsections (e-1), (e-2), and (e-3) to read as follows: |
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(c) The Texas water fund consists of: |
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(1) money transferred or deposited to the credit of |
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the fund under this constitution or by general law, including money |
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appropriated by the legislature directly to the fund and money from |
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any source transferred or deposited to the credit of the fund |
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authorized by this constitution or by general law; |
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(2) any other revenue that the legislature by statute |
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dedicates for deposit to the credit of the fund; |
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(3) investment earnings and interest earned on amounts |
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credited to the fund; |
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(4) money from gifts, grants, or donations to the |
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fund; [and] |
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(5) money returned from any authorized transfer; and |
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(6) money in accounts established in the fund under |
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this constitution or by general law. |
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(e) The legislature by general law or by adoption of a |
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concurrent resolution approved by a record vote of a majority of the |
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members of each house may allocate for transfer to the funds and |
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accounts administered by the Texas Water Development Board or that |
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board's successor the money deposited to the credit of the Texas |
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water fund under Section 7-e, Article VIII, of this constitution. |
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The allocation of money prescribed by a general law or resolution |
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under this subsection may not be changed by the legislature during |
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the first 10 fiscal years for which the money is allocated by the |
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general law or resolution. Any money deposited to the credit of the |
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Texas water fund under Section 7-e, Article VIII, of this |
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constitution that is not allocated by a general law or resolution |
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under this subsection may be transferred to other funds or accounts |
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by the Texas Water Development Board or that board's successor in |
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accordance with Subsection (b) of this section. |
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(e-1) During a state of disaster declared under Chapter 418, |
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Government Code, or its successor, an allocation made under |
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Subsection (e) of this section may be suspended through the budget |
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execution process under Chapter 317, Government Code, or its |
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successor, or by adoption of a concurrent resolution approved by a |
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record vote of a majority of the members of each house. During a |
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suspension of an allocation under this subsection, the money that |
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would have been allocated but for the suspension is subject to |
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appropriation by the legislature for any purpose. It is the intent |
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of the legislature that any money repurposed under this subsection |
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be restored to the Texas water fund when practicable. |
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(e-2) Of the amount of money initially appropriated to the |
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Texas water fund, the administrator of the fund shall allocate not |
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less than 25 percent to be used only for transfer to the New Water |
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Supply for Texas Fund. |
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(e-3) This subsection and Subsections (e), (e-1), and (e-2) |
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of this section expire August 31, 2047. |
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SECTION 2. 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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Subsection (b) of this section, in each state fiscal year, the |
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comptroller of public accounts shall deposit to the credit of the |
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Texas water fund the first $1 billion of the net revenue derived |
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from the imposition of the state sales and use tax on the sale, |
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storage, use, or other consumption in this state of taxable items |
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under Chapter 151, Tax Code, or its successor, that exceeds the |
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first $46.5 billion of that revenue coming into the treasury in that |
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state fiscal year. |
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(b) The duty of the comptroller of public accounts to make a |
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deposit under this section expires August 31, 2047. |
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(c) Money deposited to the credit of the Texas water fund |
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under Subsection (a) of this section may not be transferred to the |
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New Water Supply for Texas Fund for the purpose of financing the |
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construction of infrastructure to transport groundwater that was |
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produced from a well in this state and that, at the time of |
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production, was not brackish, as that term is defined by general |
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law. This subsection applies to the construction of infrastructure |
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to transport water produced from a well associated with an aquifer |
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storage and recovery project only if the water injected as part of |
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the project was groundwater described by this subsection. |
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(d) Notwithstanding Section 49-d-16(b), Article III, of |
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this constitution, as proposed by S.J.R. 75, 88th Legislature, |
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Regular Session, 2023, the revenue deposited to the credit of the |
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Texas water fund under Subsection (a) of this section shall be |
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maintained by the administrator of the fund in a separate account in |
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the fund and may not be transferred from the fund by the |
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administrator except as directed by the legislature pursuant to an |
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appropriation made in accordance with Section 6 of this article. |
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The administrator of the fund shall transfer the amount |
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appropriated by the legislature from the account in accordance with |
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the applicable allocations specified by Section 49-d-16, Article |
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III, of this constitution, as proposed by S.J.R. 75, 88th |
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Legislature, Regular Session, 2023. |
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SECTION 3. 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 and to |
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provide for the allocation and use of that revenue. |
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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 4. 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 and to provide for the allocation and use of that |
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revenue." |
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