83S10052 JAM-D
By: Lucio S.J.R. No. 5
A JOINT RESOLUTION
proposing a constitutional amendment prescribing the purposes for
which revenue from motor vehicle registration fees, certain motor
vehicle-related taxes, 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. 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 all taxes, except gross
production and ad valorem taxes, on motor fuels and lubricants used
to propel motor vehicles over public roadways and on new and used
motor vehicle tires, new and used motor vehicle parts, and new
automotive accessories, shall be used for the sole purpose of
acquiring rights-of-way and [,] 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. Nothing contained herein shall be construed as
authorizing the pledging of the State's credit for any purpose.
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, prescribing the purposes for which
revenue from motor vehicle registration fees, taxes on motor fuels
and lubricants, motor vehicle tires and parts, and automotive
accessories, and certain revenues received from the federal
government may be used.
(b) The amendments to Sections 7-a and 7-b, Article VIII, of
this constitution apply only in connection with a state fiscal
biennium that begins on or after September 1, 2019.
(c) Beginning in the state fiscal year that begins on
September 1, 2019, and subject to Subsection (e) of this temporary
provision, the legislature may not appropriate any revenue
described by Section 7-a, Article VIII, of this constitution, and
the state agency responsible for the construction and maintenance
of state highways may not allocate any revenue described by that
section that is appropriated to the state agency, for any purpose
other than acquiring rights-of-way and constructing and
maintaining public roadways.
(d) Beginning in each state fiscal year that begins on or
after September 1, 2015, and subject to Subsection (e) of this
temporary provision, the legislature shall proportionally decrease
the amount of revenue described by Section 7-a, Article VIII, of
this constitution that is appropriated for any purpose other than
acquiring rights-of-way and constructing and maintaining public
roadways, as necessary to comply with Subsection (c) of this
temporary provision beginning September 1, 2019. The state agency
responsible for the construction and maintenance of state highways
shall ensure that any revenue described by Section 7-a, Article
VIII, of this constitution that is appropriated to the agency is
allocated in a manner that reflects that proportional decrease.
(e) This temporary provision does not affect:
(1) the allocation of revenue to the available school
fund or the allocation to counties of motor vehicle registration
fees under Section 7-a, Article VIII, of this constitution; or
(2) the use of revenue described by Section 7-a or 7-b,
Article VIII, of this constitution for a purpose specifically
authorized by another provision of this constitution.
(f) This temporary provision expires September 1, 2020.
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 prescribing the
purposes for which revenue from motor vehicle registration fees,
taxes on motor fuels and lubricants, motor vehicle tires and parts,
and automotive accessories, and certain revenues received from the
federal government may be used."