HJR7 - Proposing a constitutional amendment to dedicate a portion of the revenue derived from state sales and use taxes to the Texas water fund and to provide for the allocation and use of that revenue.

      H.J.R. No. 7       A JOINT RESOLUTION   proposing a constitutional amendment to dedicate a portion of the   revenue derived from state sales and use taxes to the Texas water   fund and to provide for the allocation and use of that revenue.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 49-d-16, Article III, Texas   Constitution, as proposed by S.J.R. 75, 88th Legislature, Regular   Session, 2023, is amended by amending Subsections (c) and (e) and   adding Subsections (e-1), (e-2), and (e-3) to read as follows:          (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; [ and ]                (5)  money returned from any authorized transfer ; and                 (6)     money in accounts established in the fund under   this constitution or by general law .          (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.          SECTION 2.  Article VIII, Texas Constitution, is amended by   adding Section 7-e to read as follows:           Sec.   7-e.     (a)   Subject to Section 7-d of this article and   Subsection (b) of this section, in each state fiscal year, the   comptroller of public accounts shall deposit to the credit of the   Texas water fund the first $1 billion of the net revenue derived   from the imposition of the state sales and use tax on the sale,   storage, use, or other consumption in this state of taxable items   under Chapter 151, Tax Code, or its successor, that exceeds the   first $46.5 billion of that revenue coming into the treasury in that   state fiscal year.           (b)     The duty of the comptroller of public accounts to make a   deposit under this section expires August 31, 2047.           (c)     Money deposited to the credit of the Texas water fund   under Subsection (a) of this section may not be transferred to the   New Water Supply for Texas Fund for the purpose of financing the   construction of infrastructure to transport groundwater that was   produced from a well in this state and that, at the time of   production, was not brackish, as that term is defined by general   law. This subsection applies to the construction of infrastructure   to transport water produced from a well associated with an aquifer   storage and recovery project only if the water injected as part of   the project was groundwater described by this subsection.           (d)     Notwithstanding Section 49-d-16(b), Article III, of   this constitution, as proposed by S.J.R. 75, 88th Legislature,   Regular Session, 2023, the revenue deposited to the credit of the   Texas water fund under Subsection (a) of this section shall be   maintained by the administrator of the fund in a separate account in   the fund and may not be transferred from the fund by the   administrator except as directed by the legislature pursuant to an   appropriation made in accordance with Section 6 of this article.   The administrator of the fund shall transfer the amount   appropriated by the legislature from the account in accordance with   the applicable allocations specified by Section 49-d-16, Article   III, of this constitution, as proposed by S.J.R. 75, 88th   Legislature, Regular Session, 2023.          SECTION 3.  The following temporary provision is added to   the Texas Constitution:           TEMPORARY PROVISION.     (a)     This temporary provision applies   to the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, to dedicate a portion of the revenue derived   from state sales and use taxes to the Texas water fund and to   provide for the allocation and use of that revenue.           (b)     Section 7-e, Article VIII, of this constitution takes   effect September 1, 2027.           (c)  This temporary provision expires September 1, 2028.          SECTION 4.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 4, 2025.     The ballot shall be printed to permit voting for or against the   proposition: "The constitutional amendment to dedicate a portion of   the revenue derived from state sales and use taxes to the Texas   water fund and to provide for the allocation and use of that   revenue."       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.J.R. No. 7 was passed by the House on April   29, 2025, by the following vote:  Yeas 138, Nays 6, 2 present, not   voting; and that the House concurred in Senate amendments to H.J.R.   No. 7 on May 29, 2025, by the following vote:  Yeas 122, Nays 12, 2   present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.J.R. No. 7 was passed by the Senate, with   amendments, on May 27, 2025, by the following vote:  Yeas 31, Nays   0.     _______________________________   Secretary of the Senate       RECEIVED:  _____________________                      Date                          _____________________               Secretary of State