88R13426 DIO-F By: Ashby H.J.R. No. 125 A JOINT RESOLUTION proposing a constitutional amendment creating the broadband infrastructure fund to assist in the financing of broadband and telecommunications services projects in the state. 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) "Commission" means the Public Utility Commission of Texas or its successor. (2) "Comptroller" means the comptroller of public accounts of the State of Texas or its successor. (3) "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) As provided by general law, the fund shall be administered by the comptroller to provide a method of financing projects for the development of broadband and telecommunications services, including the construction, reconstruction, and expansion of broadband and telecommunications infrastructure or services, the operation of broadband and telecommunications infrastructure, and the provision of broadband and telecommunications services, as determined by the comptroller and the commission. (d) Money in the fund is dedicated by this constitution for purposes of Section 22, Article VIII, of this constitution, and an appropriation from the economic stabilization fund to the credit of the fund is an appropriation of state tax revenues dedicated by this constitution for the purposes of Section 22, Article VIII, of this constitution. (e) Money deposited to the credit to the fund and appropriations made from the fund may be used only in accordance with this section and general laws enacted to implement 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 total amount appropriated by the legislature to the fund may not exceed $5 billion. (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. 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 assist in the financing of broadband and telecommunications services projects in the state. (b) The change made to Article III of this constitution by the amendment described in Subsection (a) 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 assist in the financing of broadband and telecommunications services projects in the state."