83S10119 JAM-F
By: Phillips H.J.R. No. 10
A JOINT RESOLUTION
proposing a constitutional amendment to limit the purposes for
which revenue from motor vehicle registration fees, taxes on motor
fuels and lubricants and motor vehicle tires and parts, 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 from taxes on new and used
motor vehicle tires and new and used motor vehicle parts [, 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 for the sole purpose of acquiring rights-of-way, for
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; [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) Subject to legislative appropriation, allocation, and
direction, of the net revenue that is remaining after payment of all
refunds allowed by law and expenses of collection and that is
derived from all taxes, except gross production and ad valorem
taxes, on motor fuels and lubricants used to propel motor vehicles
over public highways:
(1) three-fourths shall be used for the sole purpose
of constructing and maintaining public highways; and
(2) one-fourth shall be allocated to the available
school fund.
(c) Nothing contained in this section [herein] shall be
construed as authorizing the pledging of the State's credit for any
purpose.
(d) For a biennium, the Legislature may not appropriate
funds derived from the revenue described by Subsection (a) or (b) of
this section or Section 7-b of this article for a purpose other than
acquiring rights-of-way or constructing or maintaining public
roadways in an amount that exceeds the lesser of:
(1) the total amount of those funds appropriated for a
purpose other than acquiring rights-of-way or constructing or
maintaining public roadways in the preceding biennium; or
(2) the amount determined under Subsection (e) of this
section.
(e) For each biennium, the maximum amount that may be
appropriated as provided by Subsection (b) of this section is
reduced by 25 percent from the preceding biennium if the estimate of
anticipated revenue from all sources made in advance of the regular
session under Section 49a(a), Article III, of this constitution for
the biennium exceeds the total amount of revenue from all sources
for the preceding biennium by more than three times the amount of
the reduction.
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 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 83rd Legislature,
1st Called Session, 2013, to limit the purposes for which revenues
from motor vehicle registration fees, taxes on motor fuels and
lubricants and motor vehicle tires and parts, and certain revenues
received from the federal government may be used.
(b) The changes to Sections 7-a and 7-b, Article VIII, of
this constitution made by the amendment apply only in connection
with a state fiscal biennium that begins on or after September 1,
2015.
(c) This temporary provision expires September 2, 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 to limit the purposes
for which revenues from motor vehicle registration fees, taxes on
motor fuels and lubricants and motor vehicle tires and parts, and
certain revenues received from the federal government may be used."