By: Phillips H.J.R. No. 113
A JOINT RESOLUTION
proposing a constitutional amendment limiting the purposes for
which revenue from taxes on motor fuels and lubricants may be used.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
amending Section 7-a and adding Section 7-c to read as follows:
Sec. 7-a. (a) Subject to legislative appropriation,
allocation, and direction, all net revenues remaining after payment
of all refunds allowed by law and expenses of collection derived
from motor vehicle registration fees[, and all taxes, except gross
production and ad valorem taxes, on motor fuels and lubricants used
to propel motor vehicles over public roadways,] shall be used for
the sole purpose of acquiring rights-of-way, constructing,
maintaining, and policing [such] public roadways, and for the
administration of such laws as may be prescribed by the Legislature
pertaining to the supervision of traffic and safety on such roads;
[and for the payment of the principal and interest on county and
road district bonds or warrants voted or issued prior to January 2,
1939, and declared eligible prior to January 2, 1945, for payment
out of the County and Road District Highway Fund under existing law;
provided, however, that one-fourth (1/4) of such net revenue from
the motor fuel tax shall be allocated to the Available School Fund;
and,] provided, however, that the net revenue derived by counties
from motor vehicle registration fees shall never be less than the
maximum amounts allowed to be retained by each County and the
percentage allowed to be retained by each County under the laws in
effect on January 1, 1945.
(b) Subject to legislative appropriation, allocation, and
direction:
(1) three-fourths of the net revenue that is remaining
after payment of all refunds allowed by law and expenses of
collection and that is derived from all taxes, except gross
production and ad valorem taxes, on motor fuels and lubricants used
to propel motor vehicles over public highways shall be used for the
sole purpose of constructing and maintaining public highways; and
(2) one-fourth of that net revenue shall be allocated
to the available school fund.
(c) Nothing contained in this section [herein] shall be
construed as authorizing the pledging of the State's credit for any
purpose.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment limiting the purposes
for which revenue from taxes on motor fuels and lubricants may be
used and authorizing the legislature to provide for automatic
adjustments of the rates of motor fuels taxes."