| 1 | 1 | | By: Phillips H.J.R. No. 113 |
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| 3 | 3 | | |
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| 4 | 4 | | A JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment limiting the purposes for |
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| 6 | 6 | | which revenue from taxes on motor fuels and lubricants may be used. |
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| 7 | 7 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article VIII, Texas Constitution, is amended by |
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| 9 | 9 | | amending Section 7-a and adding Section 7-c to read as follows: |
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| 10 | 10 | | Sec. 7-a. (a) Subject to legislative appropriation, |
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| 11 | 11 | | allocation, and direction, all net revenues remaining after payment |
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| 12 | 12 | | of all refunds allowed by law and expenses of collection derived |
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| 13 | 13 | | from motor vehicle registration fees[, and all taxes, except gross |
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| 14 | 14 | | production and ad valorem taxes, on motor fuels and lubricants used |
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| 15 | 15 | | to propel motor vehicles over public roadways,] shall be used for |
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| 16 | 16 | | the sole purpose of acquiring rights-of-way, constructing, |
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| 17 | 17 | | maintaining, and policing [such] public roadways, and for the |
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| 18 | 18 | | administration of such laws as may be prescribed by the Legislature |
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| 19 | 19 | | pertaining to the supervision of traffic and safety on such roads; |
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| 20 | 20 | | [and for the payment of the principal and interest on county and |
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| 21 | 21 | | road district bonds or warrants voted or issued prior to January 2, |
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| 22 | 22 | | 1939, and declared eligible prior to January 2, 1945, for payment |
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| 23 | 23 | | out of the County and Road District Highway Fund under existing law; |
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| 24 | 24 | | provided, however, that one-fourth (1/4) of such net revenue from |
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| 25 | 25 | | the motor fuel tax shall be allocated to the Available School Fund; |
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| 26 | 26 | | and,] provided, however, that the net revenue derived by counties |
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| 27 | 27 | | from motor vehicle registration fees shall never be less than the |
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| 28 | 28 | | maximum amounts allowed to be retained by each County and the |
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| 29 | 29 | | percentage allowed to be retained by each County under the laws in |
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| 30 | 30 | | effect on January 1, 1945. |
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| 31 | 31 | | (b) Subject to legislative appropriation, allocation, and |
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| 32 | 32 | | direction: |
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| 33 | 33 | | (1) three-fourths of the net revenue that is remaining |
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| 34 | 34 | | after payment of all refunds allowed by law and expenses of |
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| 35 | 35 | | collection and that is derived from all taxes, except gross |
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| 36 | 36 | | production and ad valorem taxes, on motor fuels and lubricants used |
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| 37 | 37 | | to propel motor vehicles over public highways shall be used for the |
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| 38 | 38 | | sole purpose of constructing and maintaining public highways; and |
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| 39 | 39 | | (2) one-fourth of that net revenue shall be allocated |
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| 40 | 40 | | to the available school fund. |
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| 41 | 41 | | (c) Nothing contained in this section [herein] shall be |
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| 42 | 42 | | construed as authorizing the pledging of the State's credit for any |
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| 43 | 43 | | purpose. |
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| 44 | 44 | | SECTION 2. This proposed constitutional amendment shall be |
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| 45 | 45 | | submitted to the voters at an election to be held November 3, 2009. |
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| 46 | 46 | | The ballot shall be printed to permit voting for or against the |
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| 47 | 47 | | proposition: "The constitutional amendment limiting the purposes |
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| 48 | 48 | | for which revenue from taxes on motor fuels and lubricants may be |
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| 49 | 49 | | used and authorizing the legislature to provide for automatic |
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| 50 | 50 | | adjustments of the rates of motor fuels taxes." |
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