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A JOINT RESOLUTION
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proposing a constitutional amendment providing for the creation and |
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funding of the state water implementation fund for Texas to assist |
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the Texas Water Development Board in the funding of certain |
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projects included in the state water plan. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 49-d-12 to read as follows: |
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Sec. 49-d-12. (a) The state water implementation fund for |
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Texas is created in the state treasury to provide a method for |
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financing projects included in a statewide water plan that is |
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required by general law and adopted by the Texas Water Development |
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Board or its successor in function. |
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(b) Money deposited to the credit of the state water |
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implementation fund for Texas and interest earned on the investment |
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of money credited to the fund may be appropriated only to the Texas |
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Water Development Board or its successor in function and used only |
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to fund projects included in a statewide water plan that is required |
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by general law and adopted by the Texas Water Development Board or |
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its successor in function. |
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(c) The legislature by general law: |
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(1) shall provide for the imposition by this state of a |
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fee or tax the proceeds of which must be deposited to the credit of |
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the fund and may provide for the deposit of other sources of revenue |
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to the credit of the fund; and |
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(2) may prescribe the manner in which money in the fund |
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may be used. |
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(d) A general law enacted under this section dedicating |
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revenue to the fund prevails over any Act enacted in the same |
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session of the legislature that purports to abolish dedications of |
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revenue in the state treasury for a particular purpose, regardless |
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of the relative dates of enactment. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies to |
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the constitutional amendment proposed by the 82nd Legislature, |
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Regular Session, 2011, providing for the creation and funding of |
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the state water implementation fund for Texas to assist the Texas |
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Water Development Board in the funding of certain projects included |
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in the state water plan. |
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(b) A general law enacted in anticipation of the adoption of |
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the amendment is not void due to the law's anticipatory character. |
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(c) This temporary provision expires January 1, 2013. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment providing for the |
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creation and funding of the state water implementation fund for |
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Texas to assist the Texas Water Development Board in the funding of |
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certain projects included in the state water plan." |