Texas 2011 - 82nd Regular

Texas House Bill HJR84 Compare Versions

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11 82R22938 JAM-D
22 By: Larson, Phillips, Pickett, Harper-Brown, H.J.R. No. 84
33 Lavender
44 Substitute the following for H.J.R. No. 84:
55 By: Pickett C.S.H.J.R. No. 84
66
77
88 A JOINT RESOLUTION
99 proposing a constitutional amendment to limit the purposes for
1010 which revenues from motor vehicle registration fees, taxes on motor
1111 fuels and lubricants, and certain revenues received from the
1212 federal government may be used.
1313 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 7-a, Article VIII, Texas Constitution,
1515 is amended to read as follows:
1616 Sec. 7-a. (a) Subject to legislative appropriation,
1717 allocation and direction, all net revenues remaining after payment
1818 of all refunds allowed by law and expenses of collection derived
1919 from motor vehicle registration fees, and all taxes, except gross
2020 production and ad valorem taxes, on motor fuels and lubricants used
2121 to propel motor vehicles over public roadways, shall be used for the
2222 sole purpose of acquiring rights-of-way, constructing,
2323 maintaining, and policing such public roadways, and for the
2424 administration of such laws as may be prescribed by the Legislature
2525 pertaining to the supervision of traffic and safety on such roads;
2626 [and for the payment of the principal and interest on county and
2727 road district bonds or warrants voted or issued prior to January 2,
2828 1939, and declared eligible prior to January 2, 1945, for payment
2929 out of the County and Road District Highway Fund under existing
3030 law;] provided, however, that one-fourth (1/4) of such net revenue
3131 from the motor fuel tax shall be allocated to the Available School
3232 Fund; and, provided, however, that the net revenue derived by
3333 counties from motor vehicle registration fees shall never be less
3434 than the maximum amounts allowed to be retained by each County and
3535 the percentage allowed to be retained by each County under the laws
3636 in effect on January 1, 1945. Nothing contained herein shall be
3737 construed as authorizing the pledging of the State's credit for any
3838 purpose.
3939 (b) For a biennium, the Legislature may not appropriate
4040 funds derived from the revenue described by Subsection (a) of this
4141 section or Section 7-b of this article for a purpose other than
4242 acquiring rights-of-way or constructing or maintaining public
4343 roadways in an amount that exceeds the lesser of:
4444 (1) the total amount of those funds appropriated for a
4545 purpose other than acquiring rights-of-way or constructing or
4646 maintaining public roadways in the preceding biennium; or
4747 (2) the amount determined under Subsection (c) of this
4848 section.
4949 (c) For each biennium, the maximum amount that may be
5050 appropriated as provided by Subsection (b) of this section is
5151 reduced by 20 percent from the preceding biennium if the estimate of
5252 anticipated revenue from all sources made in advance of the regular
5353 session under Section 49a(a), Article III, of this constitution for
5454 the biennium exceeds the total amount of revenue from all sources
5555 for the preceding biennium by more than three times the amount of
5656 the reduction.
5757 SECTION 2. The following temporary provision is added to
5858 the Texas Constitution:
5959 TEMPORARY PROVISION. (a) This temporary provision applies
6060 to the constitutional amendment proposed by the 82nd Legislature,
6161 Regular Session, 2011, to limit the purposes for which revenues
6262 from motor vehicle registration fees, taxes on motor fuels and
6363 lubricants, and certain revenues received from the federal
6464 government may be used.
6565 (b) The changes to Section 7-a, Article VIII, of this
6666 constitution made by the amendment apply only in connection with a
6767 state fiscal biennium that begins on or after September 1, 2013.
6868 (c) This temporary provision expires September 2, 2013.
6969 SECTION 3. This proposed constitutional amendment shall be
7070 submitted to the voters at an election to be held November 8, 2011.
7171 The ballot shall be printed to permit voting for or against the
7272 proposition: "The constitutional amendment to limit the purposes
7373 for which revenues from motor vehicle registration fees, taxes on
7474 motor fuels and lubricants, and certain revenues received from the
7575 federal government may be used."