Texas Proposition 6, Creation of the Water Fund Amendment (2023)

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Texas Proposition 6
Flag of Texas.png
Election date
November 7, 2023
Topic
Water and State and local government budgets, spending and finance
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

Texas Proposition 6, the Creation of the Water Fund Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.[1][2] The ballot measure was approved.

A "yes" vote supported amending the state constitution to create the Texas Water Fund administered by the Texas Water Development Board to finance water projects in the state.

A "no" vote opposed amending the state constitution to create the Texas Water Fund administered by the Texas Water Development Board to finance water projects in the state.


Election results

Texas Proposition 6

Result Votes Percentage

Approved Yes

1,969,996 77.66%
No 566,712 22.34%
Results are officially certified.
Source

Overview

What did Proposition 6 do?

See also: Text of measure

Proposition 6 established in the Texas Constitution the Texas Water Fund administered by the Texas Water Development Board. The board was authorized to transfer funds between the state Water Fund and the Water Assistance Fund No. 480, the New Water Supply for Texas Fund, the Rural Water Assistance Fund No. 301, or the Statewide Water Public Awareness Account.

The Water Fund consisted of money allocated by the state legislature, gifts and grants, and investment earnings of the fund. The amendment required no less than 25% of the initial allocation to the fund by the legislature to be transferred to the New Water Supply for Texas Fund. Money appropriated by the state legislature to the fund is excluded from the state's appropriation limit.[2]

The state legislature also passed Senate Bill 28, the implementing legislation, during the 2023 regular legislative session.[3]

Who supported and opposed Proposition 6?

See also: Support and Opposition

State Sen. Charles Perry (R-28) sponsored the amendment and said, "Water infrastructure needs in Texas total in the billions in order to cover aging and failing pipes and build out new water supply. It is estimated that the state loses 136 billion of gallons of water a year to leaking water main pipes. Additionally, the state will be 7 million acre feet short of supply in the next 50 years. S.J.R. 75 allows the Texas voters to decide if the state will create the Texas Water Fund to continue investment in water for years to come." During the legislative process, the Texas Water Development Board, the Texas Water Conservation Association, the Texas Oil & Gas Association, the Texas Association of Builders, the Texas Association of Business, and the Texas Desalination Association endorsed the amendment.[4]

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Text of measure

Ballot title

The ballot title was as follows:[2]

The constitutional amendment creating the Texas water fund to assist in financing water projects in this state.[5]

Constitutional changes

See also: Article 3, Texas Constitution

Proposition 6 amended section 49 of Article 3 of the state constitution. The following underlined text was added:[2] Note: Use your mouse to scroll over the below text to see the full text.

Sec. 49-d-16. (a) The Texas water fund is created as a special fund in the state treasury outside the general revenue fund. The fund is administered by the Texas Water Development Board or by that board’s successor in function as provided by general law. The legislature may appropriate money for the purpose of depositing the money to the fund to be available for transfer as provided by Subsection (b) of this section. (b) The administrator of the Texas water fund may use the fund only to transfer money to other funds or accounts administered by the Texas Water Development Board or that board’s successor in function. The administrator may restore to the fund money transferred from the fund and deposited to the credit of another fund or account. Legislative appropriation is not required for the administrator to transfer money from or restore money to the fund, including the transfer of money from the fund to or the restoration of the money from:

(1) the Water Assistance Fund No. 480;
(2) the New Water Supply for Texas Fund;
(3) the Rural Water Assistance Fund No.A301; or
(4) the Statewide Water Public Awareness Account.

(c) The Texas water fund consists of:

(1) money transferred or deposited to the credit of the fund 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 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.

(d) The legislature by general law shall provide for the manner in which money from the Texas water fund may be used, subject to the limitations provided by this section. (e) 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. (f) The expenses of managing the investments of the Texas water fund shall be paid from that fund. (g) For purposes of Section 22, Article VIII, of this constitution:

(1) money in the Texas water 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 Texas water fund is treated as if it were an appropriation of revenues dedicated by this constitution.

(h) Any unexpended and unobligated balance remaining in the Texas water fund at the end of a state fiscal biennium is appropriated to the administrator of that fund for the following state fiscal biennium for the purposes authorized by this section.[5]

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 13, and the FRE is 35. The word count for the ballot title is 17.


Support

Texas Infrastructure Coalition led the campaign in support of Proposition 6.[6]

Supporters

Corporations

  • ExxonMobil
  • Occidential Petroleum

Organizations

  • San Antonio Water System
  • Texas Association of Builders
  • Texas Association of Business
  • Texas Desalination Association
  • Texas Farm Bureau (AGFUND)
  • Texas Municipal League
  • Texas Oil & Gas Association - TXOGA PAC
  • Texas Realtors
  • Texas Rural Water Association
  • Texas Water Conservation Association
  • Texas Water Development Board
  • Texas Water Infrastructure Network
  • Texas Water Supply Partners
  • Water Environment Association of Texas

Arguments

  • State Sen. Charles Perry (R-28): "Water infrastructure needs in Texas total in the billions in order to cover aging and failing pipes and build out new water supply. It is estimated that the state loses 136 billion of gallons of water a year to leaking water main pipes. Additionally, the state will be 7 million acre feet short of supply in the next 50 years. S.J.R. 75 allows the Texas voters to decide if the state will create the Texas Water Fund to continue investment in water for years to come."


Opposition

Opponents

Organizations

  • Huffines Liberty Foundation
  • Texas Eagle Forum
  • True Texas Project

Arguments

  • True Texas Project: "This is one of the 'fund' amendments to keep spending off-budget. The state is already spending money on financing water projects and not solving the problem. This fund is socialistic and is government ownership of means of production."


Campaign finance

See also: Campaign finance requirements for Texas ballot measures

If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00

Media editorials

See also: 2023 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

  • Houston Chronicle Editorial Board: "Prop 6, Texas Water Fund: For. Though the proposal includes money for sources of water that could harm the environment, including desalination, most of the $1 billion dedicated to this fund would go to needed projects in the state water plan."
  • San Antonio Express-News Editorial Board: "Proposition 6: Water is a precious resource, and this proposition would create a new special Texas water fund outside of the general revenue fund, to help finance projects. The fund would be endowed with a $1 billion down payment. Administered by the Texas Water Development Board, this fund would help acquire more water sources and mitigate water loss. Our view: For."
  • The Dallas Morning News Editorial Board: "RECOMMENDATION: Yes. Due to a need to improve Texas’ crumbling water infrastructure amid explosive growth, we supported this constitutional amendment earlier this year. The Texas Water Fund would be a $1 billion bucket used for water infrastructure projects across the state."
  • Fort Worth Star-Telegram Editorial Board: "This amendment would allow for $1 billion from the state budget surplus to create a lasting fund for water development projects. In a growing state with longer, deeper droughts, this is a must. Recommendation: For."
  • The Austin Chronicle Editorial Board: "State Water Fund: Yes. A $1 billion investment in Texas' broken water infrastructure is needed, and will address the roughly 50 gallons of water a day lost per home through leaky pipes. Part of the fund is also appropriated toward new supply projects, including marine desalination and treated fracking wastewater, as well as education programs about water loss."
  • Austin American-Statesman Editorial Board: "Proposition 6 would address urgent needs. Aging water pipes leak billions of gallons of water each year, according to the state, and water and wastewater plants in many communities need repairs or replacement. Vote 'Yes.'"

Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org


Background

Senate Bill 28 (2023)

During the 2023 legislative session, the Texas State Legislature passed Senate Bill 28 (2023) — the implementing legislation for the amendment. It passed in the Senate by a vote of 31-0 and in the House by a vote of 134-4 on May 28. It was scheduled to take effect because the amendment was approved by voters.[3]

SB 28 created the Texas Water Fund in state law to be administered by the Texas Water Development Board. Money in the fund can only be transferred to the WaterAssistance Fund, the New Supply Fund, the Water Implementation Fund, the State Water Implementation Revenue Fund for Texas, the Financial Assistance for Water Pollution Control, Rural Water Assistance Fund, the state Water Account, the Financial Assistance Account, and the state Participation Account. Distributions to water infrastructure projects will prioritize projects in rural political subdivisions or municipalities with a population of less than 150,000.

SB 28 also created the New Supply Fund in state law to be administered by the Texas Water Development Board. The fund consists of money allocated to it by the legislature, interest, and investment returns from the fund, gifts, grants, donations, and any other fees or sources of revenue that the legislature authorizes. The fund is to be used to finance projects to create seven million acre-feet of new water supplies by December 31, 2033. The projects included marine and brackish water desalination, water treatment, aquifer storage and recovery, and the development of infrastructure to transport water.[3]

The law required the board to develop rules to administer financial assistance from the fund. The law also required the board to consider the following criteria when administering financial assistance:[3]

(1) the intended end users of the water supply, the needs of the area to be served by the project, the expected benefit

of the project to the area, the relationship of the project to the water supply needs of this state overall, and the relationship of the project to the state water plan;

(2) the amount of water expected to be produced by the project; and

(3) the availability of money or revenue to the political subdivision from all sources for the ultimate repayment of the cost of the project, including all interest.[5]

Texas Water Development Board

See also: Texas Water Development Fund, Proposition 2 (1957)

The Texas Water Development Board (WDB) was created in 1957 via Proposition 2. WDP is a three-member board, with the governor appointing each member. The WDP oversees state programs related to the conservation and development of water resources in Texas, including the Economically Distressed Areas Program (EDAP).[7]

Referred measures on the Texas ballot

See also: List of Texas ballot measures

In Texas, a total of 281 ballot measures appeared on statewide ballots between 1985 and 2022. Two hundred forty-eight ballot measures were approved, and 33 ballot measures were defeated.

Texas statewide ballot measures, 1985-2022
Total number Annual average Annual minimum Annual maximum Approved Defeated
# % # %
281
6.39
0
22
248
88.26
33
11.74

Texas ballot measures in odd-numbered years

Between 1995 and 2021, Texans decided on 175 statewide ballot measures appearing on odd-numbered year ballots. Voters approved 160 measures and defeated 15.


Path to the ballot

See also: Amending the Texas Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.

This amendment was introduced as Senate Joint Resolution 75 on March 6, 2023. On April 3, 2023, the state Senate passed SJR 75 by a vote of 31-0. The state House adopted an amended version on May 16 by a vote of 135-4 with 10 not voting. The chambers met in a conference committee to decide on a final version of the amendment. The House adopted the conference committee version by a vote of 142-0 with seven not voting or absent on May 28. The Senate adopted the conference version on the same day by a vote of 31-0.[1]

Vote in the Texas State Senate
May 28, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 21  Approveda
YesNoNot voting
Total3100
Total percent100.0%0.0%0.0%
Democrat1200
Republican1900

Vote in the Texas House of Representatives
May 28, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 100  Approveda
YesNoNot voting
Total14207
Total percent95.3%0.0%4.7%
Democrat6004
Republican8203

How to cast a vote

See also: Voting in Texas

Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.

See also

External links

Footnotes

  1. 1.0 1.1 Texas State Legislature, "SJR 75 Overview," accessed April 3, 2023
  2. 2.0 2.1 2.2 2.3 Texas State Legislature, "SJR 75 Text," accessed April 3, 2023
  3. 3.0 3.1 3.2 3.3 Texas State Legislature, "Senate Bill 28," accessed June 12, 2023
  4. Texas State Legislature, "SJR 75 Analysis," accessed July 12, 2023
  5. 5.0 5.1 5.2 5.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. Texas Infrastructure Coalition, "Home," accessed November 2, 2023
  7. Texas Water Development Board, "About," accessed June 24, 2019
  8. VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
  9. Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
  10. Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
  11. Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
  12. The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
  13. The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
  14. The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
  15. Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
  16. 16.0 16.1 16.2 16.3 16.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid <ref> tag; name "tvid" defined multiple times with different content