By: Nichols, et al. S.J.R. No. 1
(Pickett, Phillips, Harper-Brown, Darby)
proposing a constitutional amendment to provide for the transfer of
certain general revenue to the economic stabilization fund and to
the state highway fund and for the dedication of the revenue
transferred to the state highway fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49-g, Article III, Texas Constitution,
is amended by amending Subsections (c), (d), and (e) and adding
Subsections (c-1) and (c-2) to read as follows:
(c) Not later than the 90th day of each fiscal year, the
comptroller of public accounts shall transfer from the general
revenue fund to the economic stabilization fund and the state
highway fund the sum of the amounts described [prescribed] by
Subsections (d) and (e) of this section, to be allocated as provided
by Subsections (c-1) and (c-2) of this section. However, if
necessary and notwithstanding the allocations prescribed by
Subsections (c-1) and (c-2) of this section, the comptroller shall
reduce proportionately the amounts described by Subsections (d) and
(e) of this section to be transferred and allocated to the economic
stabilization fund to prevent the amount in that [the] fund from
exceeding the limit in effect for that biennium under Subsection
(g) of this section. Revenue transferred to the state highway fund
under this subsection may be used only for constructing,
maintaining, and acquiring rights-of-way for public roadways other
than toll roads.
(c-1) Of the sum of the amounts described by Subsections (d)
and (e) of this section and required to be transferred from the
general revenue fund under Subsection (c) of this section, the
comptroller shall allocate one-half to the economic stabilization
fund and the remainder to the state highway fund, except as provided
by Subsection (c-2) of this section.
(c-2) The legislature by general law shall provide for a
procedure by which the allocation of the sum of the amounts
described by Subsections (d) and (e) of this section may be adjusted
to provide for a transfer to the economic stabilization fund of an
amount greater than the allocation provided for under Subsection
(c-1) of this section with the remainder of that sum, if any,
allocated for transfer to the state highway fund. The allocation
made as provided by that general law is binding on the comptroller
for the purposes of the transfers required by Subsection (c) 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 transfer under Subsection
(c) of this section and allocate in accordance with Subsections
(c-1) and (c-2) of this section [to the economic stabilization
fund] an amount equal to 75 percent of the difference between those
amounts. The comptroller shall 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 transfer under Subsection
(c) of this section and allocate in accordance with Subsections
(c-1) and (c-2) of this section [to the economic stabilization
fund] an amount equal to 75 percent of the difference between those
amounts. The comptroller shall 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. 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,
3rd Called Session, 2013, to provide for the transfer of certain
general revenue to the economic stabilization fund and to the state
highway fund and for the dedication of the revenue transferred to
the state highway fund.
(b) The amendment to Section 49-g, Article III, of this
constitution takes effect immediately on the final canvass of the
election on the amendment. If, between September 1, 2014, and the
effective date of that constitutional amendment, the comptroller of
public accounts has transferred from general revenue to the
economic stabilization fund amounts in accordance with Subsections
(c), (d), and (e) of that section, as those subsections existed at
the time of the transfer, as soon as practicable after the effective
date of the amendment, the comptroller shall return the transferred
amounts from the economic stabilization fund to general revenue and
transfer from general revenue to the economic stabilization fund
and the state highway fund amounts in accordance with the amended
provisions and in accordance with general law, notwithstanding the
requirement of Subsection (c) of that section that the transfers
for that fiscal year be made before the 90th day of the fiscal year
beginning September 1, 2014.
(c) This temporary provision expires January 1, 2017.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2014.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing for the use
and dedication of certain money transferred to the state highway
fund to assist in the completion of transportation construction,
maintenance, and rehabilitation projects, not to include toll
roads."