83R9769 MTB-D
By: Williams S.J.R. No. 39
A JOINT RESOLUTION
proposing a constitutional amendment providing for the creation of
the new capacity fund and the dedication of certain state revenue to
that fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 49-q to read as follows:
Sec. 49-q. (a) In this section:
(1) "Commission" means the governing body of the state
agency responsible for transportation.
(2) "Obligation" means bonds, notes, and other public
securities.
(b) The new capacity fund is created as a special fund in the
state treasury outside the general revenue fund and shall be
administered by the commission.
(c) Money deposited to the credit of the new capacity fund:
(1) is dedicated to new capacity transportation
projects, including planning of, acquisition of rights-of-way for,
engineering for, design of, and construction of those projects, and
may be used only for those purposes;
(2) may not be used for the construction or financing
of toll roads or for participation in a comprehensive development
agreement; and
(3) may not be used to pay for the cost or issuance of
obligations of the state or related credit agreements.
(d) Notwithstanding Section 7-a, Article VIII, of this
constitution, the new capacity fund consists of:
(1) after payment of all expenses of collection,
revenues derived from any:
(A) increase in motor vehicle registration fees
imposed throughout the state on or after September 1, 2013; and
(B) additional motor vehicle registration fee
imposed throughout the state on or after September 1, 2013;
(2) any other money transferred by law to the fund; and
(3) interest earned on the balance of the fund.
(e) The commission may not issue or sell obligations of the
state or enter into related credit agreements that are payable from
or secured by a pledge of or a lien on the money on deposit in the
new capacity fund.
(f) The legislature by general law shall prescribe the
manner in which money in the fund may be used, subject to the
limitations provided by this section.
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 83rd Legislature,
Regular Session, 2013, providing for the creation of the new
capacity fund and the dedication of certain state revenue to that
fund.
(b) On the effective date of that constitutional amendment,
the comptroller of public accounts shall transfer an amount equal
to, after payment of all expenses of collection, the amount of
revenues derived from any:
(1) increase in motor vehicle registration fees
imposed throughout the state on or after September 1, 2013; and
(2) additional motor vehicle registration fee imposed
throughout the state on or after September 1, 2013.
(c) This temporary provision expires January 1, 2015.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing for the
creation of the new capacity fund and the dedication of certain
state revenue to that fund."