1 | 1 | | 82R22938 JAM-D |
---|
2 | 2 | | By: Larson, Phillips, Pickett, Harper-Brown, H.J.R. No. 84 |
---|
3 | 3 | | Lavender |
---|
4 | 4 | | Substitute the following for H.J.R. No. 84: |
---|
5 | 5 | | By: Pickett C.S.H.J.R. No. 84 |
---|
6 | 6 | | |
---|
7 | 7 | | |
---|
8 | 8 | | A JOINT RESOLUTION |
---|
9 | 9 | | proposing a constitutional amendment to limit the purposes for |
---|
10 | 10 | | which revenues from motor vehicle registration fees, taxes on motor |
---|
11 | 11 | | fuels and lubricants, and certain revenues received from the |
---|
12 | 12 | | federal government may be used. |
---|
13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 14 | | SECTION 1. Section 7-a, Article VIII, Texas Constitution, |
---|
15 | 15 | | is amended to read as follows: |
---|
16 | 16 | | Sec. 7-a. (a) Subject to legislative appropriation, |
---|
17 | 17 | | allocation and direction, all net revenues remaining after payment |
---|
18 | 18 | | of all refunds allowed by law and expenses of collection derived |
---|
19 | 19 | | from motor vehicle registration fees, and all taxes, except gross |
---|
20 | 20 | | production and ad valorem taxes, on motor fuels and lubricants used |
---|
21 | 21 | | to propel motor vehicles over public roadways, shall be used for the |
---|
22 | 22 | | sole purpose of acquiring rights-of-way, constructing, |
---|
23 | 23 | | maintaining, and policing such public roadways, and for the |
---|
24 | 24 | | administration of such laws as may be prescribed by the Legislature |
---|
25 | 25 | | pertaining to the supervision of traffic and safety on such roads; |
---|
26 | 26 | | [and for the payment of the principal and interest on county and |
---|
27 | 27 | | road district bonds or warrants voted or issued prior to January 2, |
---|
28 | 28 | | 1939, and declared eligible prior to January 2, 1945, for payment |
---|
29 | 29 | | out of the County and Road District Highway Fund under existing |
---|
30 | 30 | | law;] provided, however, that one-fourth (1/4) of such net revenue |
---|
31 | 31 | | from the motor fuel tax shall be allocated to the Available School |
---|
32 | 32 | | Fund; and, provided, however, that the net revenue derived by |
---|
33 | 33 | | counties from motor vehicle registration fees shall never be less |
---|
34 | 34 | | than the maximum amounts allowed to be retained by each County and |
---|
35 | 35 | | the percentage allowed to be retained by each County under the laws |
---|
36 | 36 | | in effect on January 1, 1945. Nothing contained herein shall be |
---|
37 | 37 | | construed as authorizing the pledging of the State's credit for any |
---|
38 | 38 | | purpose. |
---|
39 | 39 | | (b) For a biennium, the Legislature may not appropriate |
---|
40 | 40 | | funds derived from the revenue described by Subsection (a) of this |
---|
41 | 41 | | section or Section 7-b of this article for a purpose other than |
---|
42 | 42 | | acquiring rights-of-way or constructing or maintaining public |
---|
43 | 43 | | roadways in an amount that exceeds the lesser of: |
---|
44 | 44 | | (1) the total amount of those funds appropriated for a |
---|
45 | 45 | | purpose other than acquiring rights-of-way or constructing or |
---|
46 | 46 | | maintaining public roadways in the preceding biennium; or |
---|
47 | 47 | | (2) the amount determined under Subsection (c) of this |
---|
48 | 48 | | section. |
---|
49 | 49 | | (c) For each biennium, the maximum amount that may be |
---|
50 | 50 | | appropriated as provided by Subsection (b) of this section is |
---|
51 | 51 | | reduced by 20 percent from the preceding biennium if the estimate of |
---|
52 | 52 | | anticipated revenue from all sources made in advance of the regular |
---|
53 | 53 | | session under Section 49a(a), Article III, of this constitution for |
---|
54 | 54 | | the biennium exceeds the total amount of revenue from all sources |
---|
55 | 55 | | for the preceding biennium by more than three times the amount of |
---|
56 | 56 | | the reduction. |
---|
57 | 57 | | SECTION 2. The following temporary provision is added to |
---|
58 | 58 | | the Texas Constitution: |
---|
59 | 59 | | TEMPORARY PROVISION. (a) This temporary provision applies |
---|
60 | 60 | | to the constitutional amendment proposed by the 82nd Legislature, |
---|
61 | 61 | | Regular Session, 2011, to limit the purposes for which revenues |
---|
62 | 62 | | from motor vehicle registration fees, taxes on motor fuels and |
---|
63 | 63 | | lubricants, and certain revenues received from the federal |
---|
64 | 64 | | government may be used. |
---|
65 | 65 | | (b) The changes to Section 7-a, Article VIII, of this |
---|
66 | 66 | | constitution made by the amendment apply only in connection with a |
---|
67 | 67 | | state fiscal biennium that begins on or after September 1, 2013. |
---|
68 | 68 | | (c) This temporary provision expires September 2, 2013. |
---|
69 | 69 | | SECTION 3. This proposed constitutional amendment shall be |
---|
70 | 70 | | submitted to the voters at an election to be held November 8, 2011. |
---|
71 | 71 | | The ballot shall be printed to permit voting for or against the |
---|
72 | 72 | | proposition: "The constitutional amendment to limit the purposes |
---|
73 | 73 | | for which revenues from motor vehicle registration fees, taxes on |
---|
74 | 74 | | motor fuels and lubricants, and certain revenues received from the |
---|
75 | 75 | | federal government may be used." |
---|