H.J.R. No. 125       A JOINT RESOLUTION   proposing a constitutional amendment creating the broadband   infrastructure fund to expand high-speed broadband access and   assist in the financing of connectivity projects.          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)  "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.          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 expand high-speed broadband access and   assist in the financing of connectivity projects.          (b)  The change made to Article III of this constitution by   the amendment described in Subsection (a) of this section 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 expand high-speed broadband access and   assist in the financing of connectivity projects."       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.J.R. No. 125 was passed by the House on April   26, 2023, by the following vote:  Yeas 137, Nays 7, 1 present, not   voting; that the House refused to concur in Senate amendments to   H.J.R. No. 125 on May 23, 2023, by a non-record vote and requested   the appointment of a conference committee to consider the   differences between the two houses; and that the House adopted the   conference committee report on H.J.R. No. 125 on May 28, 2023, by   the following vote:  Yeas 128, Nays 10, 1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.J.R. No. 125 was passed by the Senate, with   amendments, on May 18, 2023, by the following vote:  Yeas 30, Nays   1; at the request of the House, the Senate appointed a conference   committee to consider the differences between the two houses; and   that the Senate adopted the conference committee report on H.J.R.   No. 125 on May 28, 2023, by the following vote:  Yeas 30, Nays 1.     ______________________________   Secretary of the Senate      RECEIVED: __________________                   Date                       __________________            Secretary of State