84R2497 TJB-F
By: Harless H.J.R. No. 48
A JOINT RESOLUTION
proposing a constitutional amendment limiting the permissible uses
of the state highway fund, including further limiting the use of
additional tax and fee revenue attributable to changes to certain
state taxes and fees, to increase revenue for nontolled public
highway purposes.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7-a, Article VIII, Texas Constitution,
is amended to read as follows:
Sec. 7-a. (a) Except as provided by Subsections (d) and (e)
of this section and subject [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. Nothing contained herein shall be
construed as authorizing the pledging of the State's credit for any
purpose.
(b) For a biennium, the Legislature may not appropriate
funds derived from the revenue described by Subsection (a) of this
section or Section 7-b of this article for a purpose other than
acquiring rights-of-way or planning, designing, constructing, or
maintaining public roadways in an amount that exceeds the lesser
of:
(1) the total amount of those funds appropriated for a
purpose other than acquiring rights-of-way or planning, designing,
constructing, or maintaining public roadways in the preceding
biennium; or
(2) the amount determined under Subsection (c) of this
section.
(c) For each biennium, the maximum amount that may be
appropriated as provided by Subsection (b) of this section is
reduced by 20 percent from the preceding biennium if the estimate of
anticipated revenue from all sources made in advance of the regular
session under Section 49a(a), Article III, of this constitution for
the biennium exceeds the total amount of revenue from all sources
for the preceding biennium by more than three times the amount of
the reduction.
(d) All net revenue deposited to the credit of the state
highway fund, as required by this section or by general law, that is
attributable to all or part of the following sources shall be
deposited to the credit of a special account in that fund:
(1) the state sales and use tax imposed on motor
vehicles by Chapter 152, Tax Code, or its successor;
(2) the taxes imposed on gasoline and diesel fuel used
to propel motor vehicles on the public roadways attributable to the
portion of the tax rates in excess of 20 cents for each net gallon or
fractional part on which the gasoline or diesel fuel tax is imposed;
(3) registration fees imposed on motorcycles and
mopeds by Section 502.251, Transportation Code, or its successor,
attributable to the portion of the rate of those fees that exceeds
the rate in effect on August 31, 2015;
(4) registration fees imposed on vehicles that weigh
6,000 pounds or less by Section 502.252, Transportation Code, or
its successor, and other vehicles to which that section applies,
attributable to the portion of the rate of those fees that exceeds
the rate in effect on August 31, 2015;
(5) registration fees imposed on vehicles that weigh
more than 6,000 pounds by Section 502.253, Transportation Code, or
its successor, and other vehicles to which that section applies,
attributable to the portion of the rates of those fees that exceed
the rates in effect on August 31, 2015;
(6) registration fees imposed on trailers, travel
trailers, and semitrailers by Section 502.254, Transportation
Code, or its successor, attributable to the portion of the rate of
those fees that exceeds the rate in effect on August 31, 2015; and
(7) the revenue from any other tax, fee, or charge not
previously dedicated to the state highway fund that is dedicated to
that fund by an act of the 84th Legislature, Regular Session, 2015.
(e) Interest earned on the account under Subsection (d) of
this section in the state highway fund shall be credited to the
account. Revenue allocated to the account and interest on the
revenue may be used only for acquiring rights-of-way and planning,
designing, constructing, and maintaining nontolled public
roadways.
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 84th Legislature,
Regular Session, 2015, to limit the permissible uses of the state
highway fund, including further limiting the use of additional tax
and fee revenue attributable to changes to certain state taxes and
fees, to increase revenue for nontolled public highway purposes.
(b) Sections 7-a(b) and (c), Article VIII, of this
constitution apply only in connection with a state fiscal biennium
that begins on or after September 1, 2017.
(c) Sections 7-a(d) and (e), Article VIII, of this
constitution take effect January 1, 2016.
(d) This temporary provision expires September 2, 2017.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2015.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment limiting the
permissible uses of the state highway fund, including further
limiting the use of additional tax and fee revenue attributable to
changes to certain state taxes and fees, to increase revenue for
nontolled public highway purposes."