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