Texas 2013 - 83rd 3rd C.S.

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1	1	83S30003 JJT-D
2	2	By: Pickett H.J.R. No. 1
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to provide for the transfer of
7	7	certain general revenue to the economic stabilization fund and to
8	8	the state highway fund and for the dedication of the revenue
9	9	transferred to the state highway fund.
10	10	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 49-g, Article III, Texas Constitution,
12	12	is amended by amending Subsections (c), (d), and (e) and adding
13	13	Subsections (c-1) and (c-2) to read as follows:
14	14	(c) Not later than the 90th day of each fiscal year, the
15	15	comptroller of public accounts shall transfer from the general
16	16	revenue fund to the economic stabilization fund and the state
17	17	highway fund the sum of the amounts described [prescribed] by
18	18	Subsections (d) and (e) of this section, to be allocated as provided
19	19	by Subsections (c-1) and (c-2) of this section. However, if
20	20	necessary and notwithstanding the allocations prescribed by
21	21	Subsections (c-1) and (c-2) of this section, the comptroller shall
22	22	reduce proportionately the amounts described by Subsections (d) and
23	23	(e) of this section to be transferred and allocated to the economic
24	24	stabilization fund to prevent the amount in that [the] fund from
25	25	exceeding the limit in effect for that biennium under Subsection
26	26	(g) of this section. Revenue transferred to the state highway fund
27	27	under this subsection may be used only for constructing,
28	28	maintaining, and acquiring rights-of-way for public roadways other
29	29	than toll roads.
30	30	(c-1) Of the sum of the amounts described by Subsections (d)
31	31	and (e) of this section and required to be transferred from the
32	32	general revenue fund under Subsection (c) of this section, the
33	33	comptroller shall allocate one-half to the economic stabilization
34	34	fund and the remainder to the state highway fund, except as provided
35	35	by Subsection (c-2) of this section.
36	36	(c-2) The legislature by general law shall provide for a
37	37	procedure by which the allocation of the sum of the amounts
38	38	described by Subsections (d) and (e) of this section may be adjusted
39	39	to provide for a transfer to the economic stabilization fund of an
40	40	amount greater than the allocation provided for under Subsection
41	41	(c-1) of this section with the remainder of that sum, if any,
42	42	allocated for transfer to the state highway fund. The allocation
43	43	made as provided by that general law is binding on the comptroller
44	44	for the purposes of the transfers required by Subsection (c) of this
45	45	section.
46	46	(d) If in the preceding year the state received from oil
47	47	production taxes a net amount greater than the net amount of oil
48	48	production taxes received by the state in the fiscal year ending
49	49	August 31, 1987, the comptroller shall transfer under Subsection
50	50	(c) of this section and allocate in accordance with Subsections
51	51	(c-1) and (c-2) of this section [to the economic stabilization
52	52	fund] an amount equal to 75 percent of the difference between those
53	53	amounts. The comptroller shall retain the remaining 25 percent of
54	54	the difference as general revenue. In computing the net amount of
55	55	oil production taxes received, the comptroller may not consider
56	56	refunds paid as a result of oil overcharge litigation.
57	57	(e) If in the preceding year the state received from gas
58	58	production taxes a net amount greater than the net amount of gas
59	59	production taxes received by the state in the fiscal year ending
60	60	August 31, 1987, the comptroller shall transfer under Subsection
61	61	(c) of this section and allocate in accordance with Subsections
62	62	(c-1) and (c-2) of this section [to the economic stabilization
63	63	fund] an amount equal to 75 percent of the difference between those
64	64	amounts. The comptroller shall retain the remaining 25 percent of
65	65	the difference as general revenue. For the purposes of this
66	66	subsection, the comptroller shall adjust the [his] computation of
67	67	revenues to reflect only 12 months of collection.
68	68	SECTION 2. The following temporary provision is added to
69	69	the Texas Constitution:
70	70	TEMPORARY PROVISION. (a) This temporary provision applies
71	71	to the constitutional amendment proposed by the 83rd Legislature,
72	72	3rd Called Session, 2013, to provide for the transfer of certain
73	73	general revenue to the economic stabilization fund and to the state
74	74	highway fund and for the dedication of the revenue transferred to
75	75	the state highway fund.
76	76	(b) The amendment to Section 49-g, Article III, of this
77	77	constitution takes effect immediately on the final canvass of the
78	78	election on the amendment. If, between September 1, 2014, and the
79	79	effective date of that constitutional amendment, the comptroller of
80	80	public accounts has transferred from general revenue to the
81	81	economic stabilization fund amounts in accordance with Subsections
82	82	(c), (d), and (e) of that section, as those subsections existed at
83	83	the time of the transfer, as soon as practicable after the effective
84	84	date of the amendment, the comptroller shall return the transferred
85	85	amounts from the economic stabilization fund to general revenue and
86	86	transfer from general revenue to the economic stabilization fund
87	87	and the state highway fund amounts in accordance with the amended
88	88	provisions and in accordance with general law, notwithstanding the
89	89	requirement of Subsection (c) of that section that the transfers
90	90	for that fiscal year be made before the 90th day of the fiscal year
91	91	beginning September 1, 2014.
92	92	(c) This temporary provision expires January 1, 2017.
93	93	SECTION 3. This proposed constitutional amendment shall be
94	94	submitted to the voters at an election to be held November 4, 2014.
95	95	The ballot shall be printed to permit voting for or against the
96	96	proposition: "The constitutional amendment providing for the use
97	97	and dedication of certain money transferred to the state highway
98	98	fund to assist in the completion of transportation construction,
99	99	maintenance, and rehabilitation projects, not to include toll
100	100	roads."