Texas 2015 - 84th Regular

Texas House Bill HJR24 Compare Versions

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11 84R8753 TJB-F
22 By: Harless H.J.R. No. 24
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment dedicating revenue derived
77 from the taxes imposed on the sale, use, or rental of motor vehicles
88 to the state highway fund and limiting the permissible uses of
99 certain money in the fund.
1010 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 7-a, Article VIII, Texas Constitution,
1212 is amended to read as follows:
1313 Sec. 7-a. (a) Subject to legislative appropriation,
1414 allocation and direction, all net revenues remaining after payment
1515 of all refunds allowed by law and expenses of collection derived
1616 from motor vehicle registration fees, and all taxes, except gross
1717 production and ad valorem taxes, on motor fuels and lubricants used
1818 to propel motor vehicles over public roadways, shall be used for the
1919 sole purpose of acquiring rights-of-way, constructing,
2020 maintaining, and policing such public roadways, and for the
2121 administration of such laws as may be prescribed by the Legislature
2222 pertaining to the supervision of traffic and safety on such roads;
2323 [and for the payment of the principal and interest on county and
2424 road district bonds or warrants voted or issued prior to January 2,
2525 1939, and declared eligible prior to January 2, 1945, for payment
2626 out of the County and Road District Highway Fund under existing
2727 law;] provided, however, that one-fourth (1/4) of such net revenue
2828 from the motor fuel tax shall be allocated to the Available School
2929 Fund; and, provided, however, that the net revenue derived by
3030 counties from motor vehicle registration fees shall never be less
3131 than the maximum amounts allowed to be retained by each County and
3232 the percentage allowed to be retained by each County under the laws
3333 in effect on January 1, 1945. Nothing contained herein shall be
3434 construed as authorizing the pledging of the State's credit for any
3535 purpose.
3636 (b) For a biennium, the Legislature may not appropriate
3737 funds derived from the revenue described by Subsection (a) of this
3838 section or Section 7-b of this article for a purpose other than
3939 acquiring rights-of-way or planning, designing, constructing, or
4040 maintaining public roadways in an amount that exceeds the lesser
4141 of:
4242 (1) the total amount of those funds appropriated for a
4343 purpose other than acquiring rights-of-way or planning, designing,
4444 constructing, or maintaining public roadways in the preceding
4545 biennium; or
4646 (2) the amount determined under Subsection (c) of this
4747 section.
4848 (c) For each biennium, the maximum amount that may be
4949 appropriated as provided by Subsection (b) of this section is
5050 reduced by 20 percent from the preceding biennium if the estimate of
5151 anticipated revenue from all sources made in advance of the regular
5252 session under Section 49a(a), Article III, of this constitution for
5353 the biennium exceeds the total amount of revenue from all sources
5454 for the preceding biennium by more than three times the amount of
5555 the reduction.
5656 (d) All net revenue derived from the taxes imposed on the
5757 sale, use, or rental of motor vehicles by Chapter 152, Tax Code, or
5858 its successor shall be deposited to the credit of a special account
5959 in the state highway fund.
6060 (e) Interest earned on the account under Subsection (d) of
6161 this section in the state highway fund shall be credited to the
6262 account. Revenue allocated to the account and interest on the
6363 revenue may be used only for acquiring rights-of-way and planning,
6464 designing, constructing, and maintaining nontolled public
6565 roadways.
6666 SECTION 2. The following temporary provision is added to
6767 the Texas Constitution:
6868 TEMPORARY PROVISION. (a) This temporary provision applies
6969 to the constitutional amendment proposed by the 84th Legislature,
7070 Regular Session, 2015, dedicating revenue derived from the taxes
7171 imposed on the sale, use, or rental of motor vehicles to the state
7272 highway fund and limiting the permissible uses of certain money in
7373 the fund.
7474 (b) Sections 7-a(b) and (c), Article VIII, of this
7575 constitution apply only in connection with a state fiscal biennium
7676 that begins on or after September 1, 2017.
7777 (c) Sections 7-a(d) and (e), Article VIII, of this
7878 constitution take effect January 1, 2016.
7979 (d) This temporary provision expires September 2, 2017.
8080 SECTION 3. This proposed constitutional amendment shall be
8181 submitted to the voters at an election to be held November 3, 2015.
8282 The ballot shall be printed to permit voting for or against the
8383 proposition: "The constitutional amendment dedicating revenue
8484 derived from the taxes imposed on the sale, use, or rental of motor
8585 vehicles to the state highway fund and limiting the permissible
8686 uses of certain money in the fund."