Texas 2015 - 84th Regular

Texas House Bill HJR48 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2497 TJB-F
2	2	By: Harless H.J.R. No. 48
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment limiting the permissible uses
7	7	of the state highway fund, including further limiting the use of
8	8	additional tax and fee revenue attributable to changes to certain
9	9	state taxes and fees, to increase revenue for nontolled public
10	10	highway purposes.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 7-a, Article VIII, Texas Constitution,
13	13	is amended to read as follows:
14	14	Sec. 7-a. (a) Except as provided by Subsections (d) and (e)
15	15	of this section and subject [Subject] to legislative appropriation,
16	16	allocation and direction, all net revenues remaining after payment
17	17	of all refunds allowed by law and expenses of collection derived
18	18	from motor vehicle registration fees, and all taxes, except gross
19	19	production and ad valorem taxes, on motor fuels and lubricants used
20	20	to propel motor vehicles over public roadways, shall be used for the
21	21	sole purpose of acquiring rights-of-way, constructing,
22	22	maintaining, and policing such public roadways, and for the
23	23	administration of such laws as may be prescribed by the Legislature
24	24	pertaining to the supervision of traffic and safety on such roads;
25	25	[and for the payment of the principal and interest on county and
26	26	road district bonds or warrants voted or issued prior to January 2,
27	27	1939, and declared eligible prior to January 2, 1945, for payment
28	28	out of the County and Road District Highway Fund under existing
29	29	law;] provided, however, that one-fourth (1/4) of such net revenue
30	30	from the motor fuel tax shall be allocated to the Available School
31	31	Fund; and, provided, however, that the net revenue derived by
32	32	counties from motor vehicle registration fees shall never be less
33	33	than the maximum amounts allowed to be retained by each County and
34	34	the percentage allowed to be retained by each County under the laws
35	35	in effect on January 1, 1945. Nothing contained herein shall be
36	36	construed as authorizing the pledging of the State's credit for any
37	37	purpose.
38	38	(b) For a biennium, the Legislature may not appropriate
39	39	funds derived from the revenue described by Subsection (a) of this
40	40	section or Section 7-b of this article for a purpose other than
41	41	acquiring rights-of-way or planning, designing, constructing, or
42	42	maintaining public roadways in an amount that exceeds the lesser
43	43	of:
44	44	(1) the total amount of those funds appropriated for a
45	45	purpose other than acquiring rights-of-way or planning, designing,
46	46	constructing, or maintaining public roadways in the preceding
47	47	biennium; or
48	48	(2) the amount determined under Subsection (c) of this
49	49	section.
50	50	(c) For each biennium, the maximum amount that may be
51	51	appropriated as provided by Subsection (b) of this section is
52	52	reduced by 20 percent from the preceding biennium if the estimate of
53	53	anticipated revenue from all sources made in advance of the regular
54	54	session under Section 49a(a), Article III, of this constitution for
55	55	the biennium exceeds the total amount of revenue from all sources
56	56	for the preceding biennium by more than three times the amount of
57	57	the reduction.
58	58	(d) All net revenue deposited to the credit of the state
59	59	highway fund, as required by this section or by general law, that is
60	60	attributable to all or part of the following sources shall be
61	61	deposited to the credit of a special account in that fund:
62	62	(1) the state sales and use tax imposed on motor
63	63	vehicles by Chapter 152, Tax Code, or its successor;
64	64	(2) the taxes imposed on gasoline and diesel fuel used
65	65	to propel motor vehicles on the public roadways attributable to the
66	66	portion of the tax rates in excess of 20 cents for each net gallon or
67	67	fractional part on which the gasoline or diesel fuel tax is imposed;
68	68	(3) registration fees imposed on motorcycles and
69	69	mopeds by Section 502.251, Transportation Code, or its successor,
70	70	attributable to the portion of the rate of those fees that exceeds
71	71	the rate in effect on August 31, 2015;
72	72	(4) registration fees imposed on vehicles that weigh
73	73	6,000 pounds or less by Section 502.252, Transportation Code, or
74	74	its successor, and other vehicles to which that section applies,
75	75	attributable to the portion of the rate of those fees that exceeds
76	76	the rate in effect on August 31, 2015;
77	77	(5) registration fees imposed on vehicles that weigh
78	78	more than 6,000 pounds by Section 502.253, Transportation Code, or
79	79	its successor, and other vehicles to which that section applies,
80	80	attributable to the portion of the rates of those fees that exceed
81	81	the rates in effect on August 31, 2015;
82	82	(6) registration fees imposed on trailers, travel
83	83	trailers, and semitrailers by Section 502.254, Transportation
84	84	Code, or its successor, attributable to the portion of the rate of
85	85	those fees that exceeds the rate in effect on August 31, 2015; and
86	86	(7) the revenue from any other tax, fee, or charge not
87	87	previously dedicated to the state highway fund that is dedicated to
88	88	that fund by an act of the 84th Legislature, Regular Session, 2015.
89	89	(e) Interest earned on the account under Subsection (d) of
90	90	this section in the state highway fund shall be credited to the
91	91	account. Revenue allocated to the account and interest on the
92	92	revenue may be used only for acquiring rights-of-way and planning,
93	93	designing, constructing, and maintaining nontolled public
94	94	roadways.
95	95	SECTION 2. The following temporary provision is added to
96	96	the Texas Constitution:
97	97	TEMPORARY PROVISION. (a) This temporary provision applies
98	98	to the constitutional amendment proposed by the 84th Legislature,
99	99	Regular Session, 2015, to limit the permissible uses of the state
100	100	highway fund, including further limiting the use of additional tax
101	101	and fee revenue attributable to changes to certain state taxes and
102	102	fees, to increase revenue for nontolled public highway purposes.
103	103	(b) Sections 7-a(b) and (c), Article VIII, of this
104	104	constitution apply only in connection with a state fiscal biennium
105	105	that begins on or after September 1, 2017.
106	106	(c) Sections 7-a(d) and (e), Article VIII, of this
107	107	constitution take effect January 1, 2016.
108	108	(d) This temporary provision expires September 2, 2017.
109	109	SECTION 3. This proposed constitutional amendment shall be
110	110	submitted to the voters at an election to be held November 3, 2015.
111	111	The ballot shall be printed to permit voting for or against the
112	112	proposition: "The constitutional amendment limiting the
113	113	permissible uses of the state highway fund, including further
114	114	limiting the use of additional tax and fee revenue attributable to
115	115	changes to certain state taxes and fees, to increase revenue for
116	116	nontolled public highway purposes."