83S20003 JJT-F
By: Pickett H.J.R. No. 2
A JOINT RESOLUTION
proposing a constitutional amendment to provide for revenue from
motor fuel taxes to be used solely for constructing, maintaining,
and acquiring rights-of-way for certain public roadways and to
provide for the transfer of certain general revenue to the
available school fund and the economic stabilization fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 49-g(c), (d), and (e), Article III,
Texas Constitution, are amended to read as follows:
(c) Not later than the 90th day of each fiscal year, the
comptroller of public accounts shall transfer from general revenue
to the economic stabilization fund and to the available school fund
the amounts prescribed by Subsections (d) and (e) of this section.
However, if necessary, the comptroller shall reduce
proportionately the amounts transferred to the economic
stabilization fund to prevent the amount in the fund from exceeding
the limit in effect for that biennium under Subsection (g) of this
section.
(d) If in the preceding year the state received from oil
production taxes a net amount greater than the net amount of oil
production taxes received by the state in the fiscal year ending
August 31, 1987, the comptroller shall retain [transfer to the
economic stabilization fund] an amount equal to 25 [75] percent of
the difference between those amounts as general revenue. Of the
remaining 75 percent of the difference between those amounts, the
[. The] comptroller shall transfer an amount equal to one-half to
the economic stabilization fund and transfer an amount equal to
one-half to the available school fund [retain the remaining 25
percent of the difference as general revenue]. In computing the net
amount of oil production taxes received, the comptroller may not
consider refunds paid as a result of oil overcharge litigation.
(e) If in the preceding year the state received from gas
production taxes a net amount greater than the net amount of gas
production taxes received by the state in the fiscal year ending
August 31, 1987, the comptroller shall retain [transfer to the
economic stabilization fund] an amount equal to 25 [75] percent of
the difference between those amounts as general revenue. Of the
remaining 75 percent of the difference between those amounts, the
[. The] comptroller shall transfer an amount equal to one-half to
the economic stabilization fund and transfer an amount equal to
one-half to the available school fund [retain the remaining 25
percent of the difference as general revenue]. For the purposes of
this subsection, the comptroller shall adjust the [his] computation
of revenues to reflect only 12 months of collection.
SECTION 2. Section 7-a, Article VIII, Texas Constitution,
is 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 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, constructing,
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, all net revenues remaining after payment of all refunds
allowed by law and expenses of collection derived from all taxes on
motor fuels used to propel motor vehicles over public roadways may
be used only for constructing, maintaining, and acquiring
rights-of-way for public roadways other than toll roads.
(c) Nothing in this section [contained herein] shall be
construed as authorizing the pledging of the State's credit for any
purpose.
SECTION 3. 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,
2nd Called Session, 2013, to provide for revenue from motor fuel
taxes to be used solely for constructing, maintaining, and
acquiring rights-of-way for certain public roadways and to provide
for the transfer of certain general revenue to the available school
fund and the economic stabilization fund.
(b) The amendment to Section 49-g, Article III, of this
constitution takes effect January 1, 2014, and applies only to a
transfer of revenue made by the comptroller of public accounts as
provided by Subsection (d) or (e) of that section on or after that
date.
(c) The amendment to Section 7-a, Article VIII, of this
constitution takes effect January 1, 2014, and applies only to the
collection and allocation of tax revenue derived from tax liability
accruing on and after that date.
(d) This temporary provision expires January 1, 2015.
SECTION 4. 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 provide for revenue
from motor fuel taxes to be used solely for constructing,
maintaining, and acquiring rights-of-way for certain public
roadways and to provide for the transfer of certain general revenue
to the available school fund and the economic stabilization fund."