Texas 2009 - 81st Regular

Texas Senate Bill SJR9 Compare Versions

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1	1	By: Carona, et al. S.J.R. No. 9
2	2
3	3
4	4	SENATE JOINT RESOLUTION
5	5	proposing a constitutional amendment prescribing the purposes for
6	6	which revenue from motor vehicle registration fees and taxes on
7	7	motor fuels and lubricants and certain revenues received from the
8	8	federal government may be used.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 7-a and 7-b, Article VIII, Texas
11	11	Constitution, are amended to read as follows:
12	12	Sec. 7-a. (a) Subject to legislative appropriation,
13	13	allocation, and direction, all net revenues remaining after payment
14	14	of all refunds allowed by law and expenses of collection derived
15	15	from motor vehicle registration fees, and all taxes, except gross
16	16	production and ad valorem taxes, on motor fuels and lubricants used
17	17	to propel motor vehicles over public roadways, shall be used only
18	18	for [the sole purpose of] acquiring rights-of-way and[,]
19	19	constructing and[,] maintaining[, and policing] such public
20	20	roadways, and for the administration of such laws as may be
21	21	prescribed by the Legislature pertaining to the supervision of
22	22	traffic and safety on such roads performed by, or under the
23	23	supervision of, the agency of this state, or a component or
24	24	successor in function, responsible for the construction and
25	25	maintenance of state highways; [and for the payment of the
26	26	principal and interest on county and road district bonds or
27	27	warrants voted or issued prior to January 2, 1939, and declared
28	28	eligible prior to January 2, 1945, for payment out of the County and
29	29	Road District Highway Fund under existing law;] provided, however,
30	30	that one-fourth (1/4) of such net revenue from the motor fuel tax
31	31	shall be allocated to the Available School Fund; and, provided,
32	32	however, that the net revenue derived by counties from motor
33	33	vehicle registration fees shall never be less than the maximum
34	34	amounts allowed to be retained by each County and the percentage
35	35	allowed to be retained by each County under the laws in effect on
36	36	January 1, 1945.
37	37	(b) Nothing in this section may [contained herein shall] be
38	38	construed as authorizing the pledging of the State's credit for any
39	39	purpose.
40	40	Sec. 7-b. All revenues received from the federal government
41	41	as reimbursement for state expenditures of funds that are
42	42	themselves dedicated for acquiring rights-of-way and constructing
43	43	and[,] maintaining[, and policing] public roadways or for the
44	44	administration of a law described by Section 7-a of this article are
45	45	also constitutionally dedicated and shall be used only for those
46	46	purposes.
47	47	SECTION 2. The following temporary provision is added to
48	48	the Texas Constitution:
49	49	TEMPORARY PROVISION. (a) This temporary provision applies
50	50	to the constitutional amendment proposed by the 81st Legislature,
51	51	Regular Session, 2009, prescribing the purposes for which revenue
52	52	from motor vehicle registration fees and taxes on motor fuels and
53	53	lubricants and certain revenues received from the federal
54	54	government may be used.
55	55	(b) The amendments to Sections 7-a and 7-b, Article VIII, of
56	56	this constitution, take effect September 1, 2018.
57	57	(c) Beginning in the state fiscal year beginning on
58	58	September 1, 2018, and subject to Subsection (e) of this temporary
59	59	provision, the legislature may not appropriate any revenue
60	60	described by Section 7-a or 7-b, Article VIII, of this
61	61	constitution, and the state agency responsible for the construction
62	62	and maintenance of state highways may not allocate any revenue
63	63	described by those sections that is appropriated to the state
64	64	agency, for any purpose other than acquiring rights-of-way and
65	65	constructing and maintaining public roadways or for the
66	66	administration of a law described by Section 7-a, Article VIII, of
67	67	this constitution.
68	68	(d) Beginning in each state fiscal year that begins on or
69	69	after September 1, 2011, but before September 1, 2018, and subject
70	70	to Subsection (e) of this temporary provision, the legislature
71	71	shall proportionally decrease the amount of revenue described by
72	72	Sections 7-a and 7-b, Article VIII, of this constitution, that is
73	73	appropriated for any purpose other than acquiring rights-of-way and
74	74	constructing and maintaining public roadways or for the
75	75	administration of a law described by Section 7-a of that article, as
76	76	necessary to comply with Subsection (c) of this temporary provision
77	77	beginning September 1, 2018. The state agency responsible for the
78	78	construction and maintenance of state highways shall ensure that
79	79	any revenue described by Sections 7-a and 7-b, Article VIII, of this
80	80	constitution, that is appropriated to the agency is allocated in a
81	81	manner that reflects that proportional decrease.
82	82	(e) This temporary provision does not affect:
83	83	(1) the allocation of revenue to the available school
84	84	fund or the allocation to counties of motor vehicle registration
85	85	fees under Section 7-a, Article VIII, of this constitution; or
86	86	(2) the use of revenue described by Sections 7-a and
87	87	7-b, Article VIII, of this constitution, for a purpose specifically
88	88	authorized by another provision of this constitution.
89	89	(f) This temporary provision expires September 1, 2019.
90	90	SECTION 3. This proposed constitutional amendment shall be
91	91	submitted to the voters at an election to be held November 3, 2009.
92	92	The ballot shall be printed to permit voting for or against the
93	93	proposition: "The constitutional amendment prescribing the
94	94	purposes for which revenue from motor vehicle registration fees and
95	95	taxes on motor fuels and lubricants and certain revenues received
96	96	from the federal government may be used."