Bill Text: TX SJR27 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Proposing a constitutional amendment creating the Texas Connectivity Fund for the development of broadband and other telecommunications services in all areas of the state and authorizing the appropriation to that fund of a portion of revenue received from the existing state sales and use taxes on telecommunications services while not increasing the rate of the sales and use taxes.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-03-21 - Co-author authorized [SJR27 Detail]
Download: Texas-2023-SJR27-Introduced.html
2023S0004-1 11/30/22 | ||
By: Perry | S.J.R. No. 27 |
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proposing a constitutional amendment creating the Texas | ||
Connectivity Fund for the development of broadband and other | ||
telecommunications services in all areas of the state and | ||
authorizing the appropriation to that fund of a portion of revenue | ||
received from the existing state sales and use taxes on | ||
telecommunications services while not increasing the rate of the | ||
sales and use taxes. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article III, Texas Constitution, is amended by | ||
adding Section 68 to read as follows: | ||
Sec. 68. (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. | ||
(3) "Fund" means the Texas Connectivity Fund. | ||
(b) The Texas Connectivity Fund is created in the state | ||
treasury and shall be administered by the comptroller as a | ||
revolving fund to provide a method of funding for the development of | ||
telecommunications services, including the construction, | ||
reconstruction, and expansion of telecommunications infrastructure | ||
and services, and the operation of existing telecommunications | ||
infrastructure and services as determined by the comptroller and | ||
the commission in accordance with standards and procedures | ||
established by law. | ||
(c) Money in the fund may also be used in conjunction with | ||
other funds in accordance with the procedures, standards, and | ||
limitations established by federal law and the laws of this state. | ||
(d) Money dedicated as provided by this section is | ||
appropriated when received by the state, shall be deposited to the | ||
credit of the fund, and may be used as provided by this section and | ||
any laws enacted under this section without further appropriation. | ||
(e) Unless authorized to continue by a two-thirds vote of | ||
the members elected to each house, this section expires on | ||
September 1, 2035. | ||
SECTION 2. Article VIII, Texas Constitution, is amended by | ||
adding Section 7-e to read as follows: | ||
Sec. 7-e. (a) Subject to Subsection (b) of this section, | ||
for each state fiscal year, 50 percent of the net revenue received | ||
from the collection of any state taxes imposed on the sale, use, or | ||
other consumption in this state of telecommunications services that | ||
were subject to taxation on January 1, 2023, under Chapter 151, Tax | ||
Code, is automatically appropriated to the Texas Connectivity Fund. | ||
The legislature by general law may provide limitations on the use of | ||
money appropriated under this subsection, with priority given to | ||
funds required by the universal service fund or its successor. | ||
(b) The legislature by adoption of a resolution approved by | ||
a record vote of two-thirds of the members of each house may direct | ||
the comptroller to reduce the amount of money appropriated to the | ||
Texas Connectivity Fund. The comptroller may be directed to make | ||
that reduction only: | ||
(1) in the state fiscal year in which the resolution is | ||
adopted, or in either of the following two state fiscal years; and | ||
(2) by an amount that does not result in a reduction of | ||
more than 50 percent of the amount that would otherwise be | ||
appropriated to the Texas Connectivity Fund in the affected state | ||
fiscal year under Subsection (a) of this section. | ||
(c) Money appropriated to the Texas Connectivity Fund under | ||
Subsection (a) of this section may not be considered available for | ||
certification by the comptroller under Section 49a(b), Article III, | ||
of this constitution. | ||
(d) In this section, "telecommunications services" means | ||
the electronic or electrical transmission, conveyance, routing, or | ||
reception of sounds, signals, data, or information utilizing wires, | ||
cable, radio waves, microwaves, satellites, fiber optics, or any | ||
other method now in existence or that may be devised, including | ||
long-distance telephone service. The term does not include: | ||
(1) the storage of data or information for subsequent | ||
retrieval or the processing, or reception and processing, of data | ||
or information intended to change its form or content; | ||
(2) the sale or use of a telephone prepaid calling | ||
card; | ||
(3) Internet access service; or | ||
(4) the portion of the sales price of a pay telephone | ||
coin sent-paid telephone call that is paid by coin. | ||
(e) Unless authorized to continue by a two-thirds vote of | ||
the members elected to each house, this section expires on | ||
September 1, 2035. | ||
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 88th Legislature, | ||
Regular Session, 2023, dedicating a portion of the revenue received | ||
from the existing state sales and use taxes that are imposed on | ||
telecommunications services to the Texas Connectivity Fund to | ||
provide funding for the development of broadband and other | ||
telecommunications services in all areas of the state while not | ||
increasing the rate of the state sales and use taxes. | ||
(b) Section 68, Article III, of this constitution takes | ||
effect September 1, 2025. | ||
(c) Section 7-e, Article VIII, of this constitution takes | ||
effect September 1, 2025, and applies only to state tax revenue | ||
collected on or after that date. | ||
(d) This temporary provision expires January 1, 2026. | ||
SECTION 4. 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 provide for voting for or against the | ||
proposition: "The constitutional amendment creating the Texas | ||
Connectivity Fund for the development of broadband and other | ||
telecommunications services in all areas of the state and | ||
authorizing the appropriation to that fund of a portion of revenue | ||
received from the existing state sales and use taxes on | ||
telecommunications services while not increasing the rate of the | ||
sales and use taxes." |