By: Carona S.J.R. No. 9
(In the Senate - Filed November 10, 2008; March 13, 2009, read
first time and referred to Committee on Transportation and Homeland
Security; April 15, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 15, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.J.R. No. 9 By: Carona
SENATE JOINT RESOLUTION
proposing a constitutional amendment prescribing the purposes for
which revenue from motor vehicle registration fees and taxes on
motor fuels and lubricants and certain revenues received from the
federal government may be used.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7-a and 7-b, Article VIII, Texas
Constitution, are amended 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 only
for [the sole purpose of] acquiring rights-of-way and[,]
constructing and[,] 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 performed by, or under the
supervision of, the agency of this state, or a component or
successor in function, responsible for the construction and
maintenance of state highways; [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) Nothing in this section may [contained herein shall] be
construed as authorizing the pledging of the State's credit for any
purpose.
Sec. 7-b. All revenues received from the federal government
as reimbursement for state expenditures of funds that are
themselves dedicated for acquiring rights-of-way and constructing
and[,] maintaining[, and policing] public roadways or for the
administration of a law described by Section 7-a of this article are
also constitutionally dedicated and shall be used only for those
purposes.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, prescribing the purposes for which revenue
from motor vehicle registration fees and taxes on motor fuels and
lubricants and certain revenues received from the federal
government may be used.
(b) The amendments to Sections 7-a and 7-b, Article VIII, of
this constitution, take effect September 1, 2018.
(c) Beginning in the state fiscal year beginning on
September 1, 2018, and subject to Subsection (e) of this temporary
provision, the legislature may not appropriate any revenue
described by Section 7-a or 7-b, Article VIII, of this
constitution, and the state agency responsible for the construction
and maintenance of state highways may not allocate any revenue
described by those sections that is appropriated to the state
agency, for any purpose other than acquiring rights-of-way and
constructing and maintaining public roadways or for the
administration of a law described by Section 7-a, Article VIII, of
this constitution.
(d) Beginning in each state fiscal year that begins on or
after September 1, 2011, but before September 1, 2018, and subject
to Subsection (e) of this temporary provision, the legislature
shall proportionally decrease the amount of revenue described by
Sections 7-a and 7-b, Article VIII, of this constitution, that is
appropriated for any purpose other than acquiring rights-of-way and
constructing and maintaining public roadways or for the
administration of a law described by Section 7-a of that article, as
necessary to comply with Subsection (c) of this temporary provision
beginning September 1, 2018. The state agency responsible for the
construction and maintenance of state highways shall ensure that
any revenue described by Sections 7-a and 7-b, Article VIII, of this
constitution, that is appropriated to the agency is allocated in a
manner that reflects that proportional decrease.
(e) This temporary provision does not affect:
(1) the allocation of revenue to the available school
fund or the allocation to counties of motor vehicle registration
fees under Section 7-a, Article VIII, of this constitution; or
(2) the use of revenue described by Sections 7-a and
7-b, Article VIII, of this constitution, for a purpose specifically
authorized by another provision of this constitution.
(f) This temporary provision expires September 1, 2019.
SECTION 3. 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 prescribing the
purposes for which revenue from motor vehicle registration fees and
taxes on motor fuels and lubricants and certain revenues received
from the federal government may be used."
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