Texas Proposition 8, Creation of Broadband Infrastructure Fund Amendment (2023)
| Texas Proposition 8 | |
|---|---|
 | |
| Election date November 7, 2023 | |
| Topic State and local government budgets, spending and finance | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Texas Proposition 8, the Creation of Broadband Infrastructure 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 broadband infrastructure fund to finance broadband and telecommunications projects. |
A "no" vote opposed amending the state constitution to create the broadband infrastructure fund to finance broadband and telecommunications projects. |
Election results
|
Texas Proposition 8 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
1,750,736 | 69.45% | ||
| No | 770,112 | 30.55% | ||
Overview
What did the amendment do?
- See also: Text of measure
The constitutional amendment created the Broadband Infrastructure Fund in the Texas Constitution. The fund is financed through money allocated by the state legislature, gifts, grants, and investment earnings. The purpose of the fund is to enhance the availability and usage of broadband and telecommunications services. Money appropriated to this fund by the state legislature is not counted towards the state's appropriation limit.[2]
The fund is administered by the state comptroller. Money in the fund can be used in conjunction with federal funds or other state allocations for the purposes of the fund. The constitutional provision authorizing the fund will expire on September 1, 2035, unless extended by a concurrent resolution of the state legislature adopted by a two-thirds (66.67%) vote that would authorize the fund for another 10 years. If the fund expires, money remaining in the fund is required to be transferred to the state general fund.[2]
The amendment took effect on January 1, 2024.[2]
The state legislature also passed House Bill 9, the implementing legislation for the amendment, during the 2023 regular legislative session.[3]
Who supported and opposed the amendment?
- See also: Support and Opposition
The amendment received endorsements from AT&T Inc., Comcast Corporation & NBCUniversal, Conference of Urban Counties, T-Mobile US, Inc., and Verizon Communications, Inc. State Rep. Trent Ashby (R-9), who authored the amendment, said, "This represents a historic investment in connectivity infrastructure to meet the technological demands of the future. And reaffirms our belief that all Texans deserve access to affordable, reliable high-speed internet."[4]
Texans for Liberty registered in opposition to the amendment during the legislative process. You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.[5]
Text of measure
Ballot title
The ballot title was as follows:[2]
| “ | The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.[6] | ” |
Constitutional changes
- See also: Article 3, Texas Constitution
The measure 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) In this section:
(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:
(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:
(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:
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.[6] |
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 17, and the FRE is 15. The word count for the ballot title is 22.
Support
Texas Infrastructure Coalition led the campaign in support of Proposition 8.[7]
Supporters
Organizations
- AARP Texas
- AT&T Inc. Federal Political Action Committee (AT&T Federal PAC)
- Comcast Corporation & NBCUniversal Political Action Committee - Federal
- Conference of Urban Counties
- T-Mobile US, Inc. Political Action Committee (T-PAC)
- Texas Association of Realtors
- Texas Broadband Now
- Texas Cable Association
- Texas Farm Bureau (AGFUND)
- Texas Realtors
- Verizon Communications, Inc. Political Action Committee (Verizon PAC)
Arguments
Opposition
Opponents
Organizations
- Huffines Liberty Foundation
- Texans for Fiscal Responsibility
- Texas Eagle Forum
- Texas for Liberty
- True Texas Project
Arguments
Campaign finance
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
Opposition
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org
Background
House Bill 9 (2023)
The Texas State Legislature passed House Bill 9 (HB 9) during the 2023 regular legislative session by a vote of 30-1 in the Senate and 134-8 in the House. HB 9 created the Texas Broadband Infrastructure Fund (BIF) administered by the comptroller. Funds in the BIF are required to be used only for expanding broadband and telecommunications across the state, including projects like 911 and Next Generation 911 services, the Pole Replacement Program, matching funds for federal money for the Broadband Equity, Access, and Deployment (BEAD) Program, and expanding access to broadband services in economically distressed communities. House Bill 9 took effect on January 1, 2024.[8]
Broadband internet
The United States Congress provided in the Telecommunications Act of 1996 that broadband internet is defined as "advanced telecommunications capability that enable[s] users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.” On January 29, 2015, the Federal Communications Commission (FCC) voted to define broadband internet as internet speeds of 25 Mbps (megabits per second) for downloads and 3 Mbps for uploads. From 2010-2015, the FCC defined broadband speeds as 4 Mbps for downloads and 1 Mbps for uploads. From 1996 to 2010, the defined speeds were 200 Kbps (kilobytes per second) for downloads and uploads.[9]
The map below was produced by the Texas Broadband Development Office, which is operated by the Texas Comptroller. The map was current as of October 7, 2022. The full map can be viewed here.
Related ballot measures
In 2022, voters in Alabama and New Mexico decided on two constitutional amendments that related to internet infrastructure. In Alabama, voters approved Amendment 2 with 79% of the vote to allow state and local governments to grant federal awards funds or other state-designated broadband funds to public or private entities to provide or expand broadband internet infrastructure. In New Mexico, voters approved Amendment 2 with 65% of the vote to authorize the legislature to appropriate state funds for infrastructure that provides services primarily for residential use — such as internet, electric, natural gas, water, and wastewater — through a majority vote in each chamber.
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 | ||
| # | % | # | % | ||||
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 House Joint Resolution 125 on March 13, 2023. On April 26, 2023, the state House passed HJR 125 by a vote of 138-7 with six not voting. The Senate passed an amended version of the amendment on May 18 by a vote of 30-1. The chambers met in a conference committee to decide on a final version of the amendment. The House passed the conference version on May 28 by a vote of 128-10 with 11 not voting or absent. The Senate passed the amendment on the same day by a vote of 30-1.[1]
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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.
| How to cast a vote in Texas | ||||||
|---|---|---|---|---|---|---|
Poll timesIn Texas, all polling places are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Texas is divided between Central and Mountain time zones.[10]
Registration
To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[11] The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[12] Automatic registrationTexas does not practice automatic voter registration. Online registration
Texas does not permit online voter registration. Same-day registrationTexas does not allow same-day voter registration. Residency requirementsProspective voters must reside in the county in which they are registering to vote. Verification of citizenshipTexas does not require proof of citizenship for voter registration. Section 18.068 of the Texas Election Code says the following:
In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days.[14] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[15][16] A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”[17] Verifying your registrationThe Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirementsTexas requires voters to present photo identification while voting.[18] The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.
Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.[18] Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:[18]
The following voters are exempt from showing photo ID:[18]
Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.[18] | ||||||
See also
External links
Footnotes
- ↑ 1.0 1.1 Texas State Legislature, "HJR 125 Overview," accessed April 27, 2023
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Texas State Legislature, "HJR 125 Text," accessed April 27, 2023
- ↑ Texas State Legislature, "House Bill 9," accessed June 12, 2023
- ↑ Texas Tribune, "Legislature broadband infrastructure fund," May 28, 2023
- ↑ Texas State Legislature, "HJR 125 Witness List," accessed July 18, 2023
- ↑ 6.0 6.1 6.2 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 - ↑ Texas Infrastructure Coalition, "Home," accessed November 2, 2023
- ↑ Texas State Legislature, "House Bill 9," accessed June 16, 2023
- ↑ Broadband Now, "The FCC Definition of Broadband: Analysis and History," accessed March 30, 2022
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ 18.0 18.1 18.2 18.3 18.4 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
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