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 a 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.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
Result		Votes	Percentage
Yes		1,750,736	69.45%
No		770,112	30.55%

Results are officially certified.

Source

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.

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.

The amendment took effect on January 1, 2024.

The state legislature also passed House Bill 9, the implementing legislation for the amendment, during the 2023 regular legislative session.

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."

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.

Text of measure

Ballot title

The ballot title was as follows:

“

The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.

”

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:

Note: Hover over the text and scroll to see the full text.

Sec. 49-d-16. (a) In this section:

(1) "Comptroller" means the comptroller of public accounts of the State of Texas or its successor.

(2) "Fund" means the broadband infrastructure fund.

(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:

(1) money transferred or deposited to the credit of the fund by this constitution, general law, or the General Appropriations Act;

(2) revenue that the legislature by general law dedicates for deposit to the credit of the fund;

(3) investment earnings and interest earned on money in the fund; and

(4) gifts, grants, and donations to the fund.

(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:

(1) the development, construction, reconstruction, and expansion of broadband and telecommunications infrastructure or services;

(2) the operation of broadband and telecommunications infrastructure;

(3) the provision of broadband and telecommunications services; and

(4) the reasonable expenses of administering and managing the investments of the fund.

(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:

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

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.

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

• State Rep. Trent Ashby (R-9): "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."
• Texas Cable Association: "We look forward to working with state leaders to ensure unserved and underserved communities are prioritized for connectivity and that strong guardrails are established to protect these investments from wasteful abuse."

Opposition

Opponents

Organizations

• Huffines Liberty Foundation
• Texans for Fiscal Responsibility
• Texas Eagle Forum
• Texas for Liberty
• True Texas Project

Arguments

• Huffines Liberty Foundation: "Proposition 8 comes while SpaceX and (soon) Amazon are using private capital to fill the skies with satellites designed to bring broadband to underserved areas, including rural Texas. Texans should reject this transfer of wealth from average taxpayers to telecom companies that expands the size and scope of Texas government."

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
Total	$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 8, Broadband Infrastructure Fund: For. Without fast internet in parts of Texas, students can’t complete classes, seniors can’t see doctors online and businesses struggle. This $1.5 billion fund will help bridge the digital divide."
• San Antonio Express-News Editorial Board: "Proposition 8: Broadband is essential, and this proposition would create a $1.5 billion to expand internet access across Texas where millions of households lack quality connections. Our view: For."
• The Dallas Morning News Editorial Board: "RECOMMENDATION: Yes. Establishing an infrastructure funding mechanism for state-backed expansion of high-speed Internet and telecommunications services is an important step toward closing digital chasms across Texas."
• Fort Worth Star-Telegram Editorial Board: "Texas would take up to $1.5 billion to finance broadband internet access. Too many rural communities have no reliable way to connect, an important concern for remote work and education. Recommendation: For."
• The Austin Chronicle Editorial Board: "Expanding Broadband: Yes. Broadband access is not equitable in Texas, and Prop 8 would create a broadband infrastructure fund to expand high-speed internet to Texans statewide, including where private companies don't operate. This has broad bipartisan support, and the Legislature has already appropriated $1.5 billion to the proposed fund, contingent on voters approving this amendment."
• Austin American-Statesman Editorial Board: "Internet access connects us not only to education, but to healthcare and jobs. Especially at election time, the Editorial Board hears about the hardships of rural and other communities without high-speed internet. Some students travel miles to fast-food restaurant parking lots to get a signal to do their homework. Proposition 8 can help alleviate some of those hardships. Vote 'Yes.'"

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.

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.

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
				#	%	#	%
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 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.

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  a
	Yes	No	Not voting
Total	128	10	11
Total percent	85.9%	6.7%	7.4%
Democrat	61	0	3
Republican	67	10	8

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  a
	Yes	No	Not voting
Total	30	1	0
Total percent	96.8%	3.2%	0.0%
Democrat	12	0	0
Republican	18	1	0

How to cast a vote

See also: Voting in Texas

See below to learn more about current voter registration rules, identification requirements, and poll times in Texas.

How to vote in Texas

Poll times

In Texas, all polling places are open from 7:00 a.m. to 7:00 p.m. local time. Texas is divided between the Central and Mountain time zones. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

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.

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.

Automatic registration

Texas does not practice automatic voter registration.

Online registration

See also: Online voter registration

Texas does not permit online voter registration.

Same-day registration

Texas does not allow same-day voter registration.

Residency requirements

Prospective voters must reside in the county in which they are registering to vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Texas does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

State law requires election officials to conduct a check of registered voters' citizenship status. Section 18.068 of the Texas Election Code says the following:

“	The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.	”
—Section 18.068, Texas Election Code

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. The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April. 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.”

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Texas requires voters to present photo identification while voting.

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.

• Texas driver’s license issued by the Texas Department of Public Safety (DPS)
• Texas Election Identification Certificate issued by DPS
• Texas Personal Identification Card issued by DPS
• Texas handgun license issued by DPS
• United States Military Identification Card containing the person’s photograph
• United States Citizenship Certificate containing the person’s photograph
• United States passport (book or card)

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.

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:

• Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate
• Copy of or original current utility bill
• Copy of or original bank statement
• Copy of or original government check
• Copy of or original paycheck
• Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document)

The following voters are exempt from showing photo ID:

• Voters with a disability
  • Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county."
• Voters who have a religious objection to being photographed

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.

See also

2023 measures

• 2023 ballot measures
• Budgets on the ballot
• Utilities on the ballot

Texas

• Texas ballot measures
• Texas ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Texas House Joint Resolution 125