§ 3.49-d-16 — BROADBAND INFRASTRUCTURE FUND.

Texas § 3.49-d-16

• Jurisdiction: Texas
• Code CN: Texas Constitution

Text

(Text of section as proposed by Acts 2023, 88th Leg., R.S., H.J.R. 125.)
Sec. 49-d-16. BROADBAND INFRASTRUCTURE FUND. (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, without further appropriation, 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) The comptroller may transfer money from the fund to another fund as provided by general law. The state agency that administers the fund to which the money is transferred as authorized by this subsection may use the money without further appropriation only for the expansion of access to and adoption of broadband and telecommunications services as provided by general law.
(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.
(i) 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.
(Added Nov. 7, 2023.)
(Text of section as proposed by Acts 2023, 88th Leg., R.S., S.J.R. 75.)
Sec. 49-d-16. TEXAS WATER FUND. (a) The Texas water fund is created as a special fund in the state treasury outside the general revenue fund. The fund is administered by the Texas Water Development Board or by that board's successor in function as provided by general law. The legislature may appropriate money for the purpose of depositing the money to the fund to be available for transfer as provided by Subsection (b) of this section.
(b) The administrator of the Texas water fund may use the fund only to transfer money to other funds or accounts administered by the Texas Water Development Board or that board's successor in function. Money transferred from the Texas water fund to a fund or account may be spent without further legislative appropriation in the manner provided by general law governing the use of money in the fund or account to which the money was transferred. The administrator may restore to the fund money transferred from the fund and deposited to the credit of another fund or account. Legislative appropriation is not required for the administrator to transfer money from or restore money to the fund, including the transfer of money from the fund to or the restoration of the money from:
(1) the Water Assistance Fund No. 480;
(2) the New Water Supply for Texas Fund;
(3) the Rural Water Assistance Fund No. 301; or
(4) the Statewide Water Public Awareness Account.
(c) The Texas water fund consists of:
(1) money transferred or deposited to the credit of the fund under this constitution or by general law, including money appropriated by the legislature directly to the fund and money from any source transferred or deposited to the credit of the fund authorized by this constitution or by general law;
(2) any other revenue that the legislature by statute dedicates for deposit to the credit of the fund;
(3) investment earnings and interest earned on amounts credited to the fund;
(4) money from gifts, grants, or donations to the fund;
(5) money returned from any authorized transfer; and
(6) money in accounts established in the fund under this constitution or by general law.
(d) The legislature by general law shall provide for the manner in which money from the Texas water fund may be used, subject to the limitations provided by this section.
(e) The legislature by general law or by adoption of a concurrent resolution approved by a record vote of a majority of the members of each house may allocate for transfer to the funds and accounts administered by the Texas Water Development Board or that board's successor the money deposited to the credit of the Texas water fund under Section 7-e , Article VIII, of this constitution. The allocation of money prescribed by a general law or resolution under this subsection may not be changed by the legislature during the first 10 fiscal years for which the money is allocated by the general law or resolution. Any money deposited to the credit of the Texas water fund under Section 7-e , Article VIII, of this constitution that is not allocated by a general law or resolution under this subsection may be transferred to other funds or accounts by the Texas Water Development Board or that board's successor in accordance with Subsection (b) of this section.
(e-1) During a state of disaster declared under Chapter 418 , Government Code, or its successor, an allocation made under Subsection (e) of this section may be suspended through the budget execution process under Chapter 317 , Government Code, or its successor, or by adoption of a concurrent resolution approved by a record vote of a majority of the members of each house. During a suspension of an allocation under this subsection, the money that would have been allocated but for the suspension is subject to appropriation by the legislature for any purpose. It is the intent of the legislature that any money repurposed under this subsection be restored to the Texas water fund when practicable.
(e-2) Of the amount of money initially appropriated to the Texas water fund, the administrator of the fund shall allocate not less than 25 percent to be used only for transfer to the New Water Supply for Texas Fund.
(e-3) This subsection and Subsections (e), (e-1), and (e-2) of this section expire August 31, 2047.
(f) The expenses of managing the investments of the Texas water fund shall be paid from that fund.
(g) For purposes of Section 22 , Article VIII, of this constitution:
(1) money in the Texas water 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 Texas water fund is treated as if it were an appropriation of revenues dedicated by this constitution.
(h) Any unexpended and unobligated balance remaining in the Texas water fund at the end of a state fiscal biennium is appropriated to the administrator of that fund for the following state fiscal biennium for the purposes authorized by this section.
(Added Nov. 7, 2023; Subsecs. (c) and (e) amended and (e-1), (e-2), and (e-3) added Nov. 4, 2025.)