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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 expand high-speed broadband access and |
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assist in the financing of connectivity projects. |
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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) "Comptroller" means the comptroller of public |
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accounts of the State of Texas or its successor. |
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(2) "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) The fund consists of: |
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(1) money transferred or deposited to the credit of |
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the fund by this constitution, general law, or the General |
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Appropriations Act; |
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(2) revenue that the legislature by general law |
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dedicates for deposit to the credit of the fund; |
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(3) investment earnings and interest earned on money |
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in the fund; and |
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(4) gifts, grants, and donations to the fund. |
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(d) Money in the fund shall be administered by the |
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comptroller. Money from the fund may be used, without further |
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appropriation, only for the expansion of access to and adoption of |
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broadband and telecommunications services, including: |
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(1) the development, construction, reconstruction, |
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and expansion of broadband and telecommunications infrastructure |
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or services; |
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(2) the operation of broadband and telecommunications |
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infrastructure; |
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(3) the provision of broadband and telecommunications |
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services; and |
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(4) the reasonable expenses of administering and |
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managing the investments of the fund. |
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(e) The legislature by general law shall provide for the |
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manner in which the assets of the fund may be used, subject to the |
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limitations of this section. Money in the fund may be used in |
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conjunction with other funds or financial resources, including |
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money from the federal government, in accordance with procedures, |
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standards, and limitations established by federal law and general |
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law of this state. |
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(f) The comptroller may transfer money from the fund to |
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another fund as provided by general law. The state agency that |
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administers the fund to which the money is transferred as |
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authorized by this subsection may use the money without further |
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appropriation only for the expansion of access to and adoption of |
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broadband and telecommunications services as provided by general |
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law. |
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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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(h) Immediately before the expiration of this section, the |
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comptroller shall transfer any unexpended and unobligated balance |
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remaining in the fund to the general revenue fund. |
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(i) For purposes of Section 22, Article VIII, of this |
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constitution: |
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(1) money in the fund is dedicated by this |
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constitution; and |
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(2) an appropriation of state tax revenues for the |
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purpose of depositing money to the credit of the fund is treated as |
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if it were an appropriation of revenues dedicated by this |
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constitution. |
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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 expand high-speed broadband access and |
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assist in the financing of connectivity projects. |
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(b
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