| 1 | 1 | | 84R3130 CJC-D |
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| 2 | 2 | | By: Phillips H.J.R. No. 91 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment dedicating certain revenue |
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| 7 | 7 | | derived from the tax imposed on the sale of motor vehicles to the |
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| 8 | 8 | | 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. Article VIII, Texas Constitution, is amended by |
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| 11 | 11 | | adding Section 7-c to read as follows: |
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| 12 | 12 | | Sec. 7-c. (a) Subject to Subsection (b) of this section, |
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| 13 | 13 | | all net revenue derived from the tax authorized by Chapter 152, Tax |
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| 14 | 14 | | Code, or its successor, and imposed on the sale of a motor vehicle |
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| 15 | 15 | | sold in this state that exceeds the first $2.5 billion of that |
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| 16 | 16 | | revenue coming into the treasury for a state fiscal year shall be |
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| 17 | 17 | | deposited to the credit of the state highway fund and may be |
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| 18 | 18 | | appropriated only to: |
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| 19 | 19 | | (1) construct, maintain, or acquire rights-of-way for |
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| 20 | 20 | | public roadways other than toll roads; or |
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| 21 | 21 | | (2) repay the principal and interest on general |
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| 22 | 22 | | obligation bonds issued as authorized by Section 49-p, Article III, |
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| 23 | 23 | | of this constitution. |
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| 24 | 24 | | (b) Revenue described by Subsection (a) of this section |
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| 25 | 25 | | that, under general law in effect on January 1, 2015, was required |
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| 26 | 26 | | to be deposited to the credit of a fund outside the general revenue |
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| 27 | 27 | | fund from which money could be appropriated only for a purpose that |
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| 28 | 28 | | decreases the rates of, or reduces reliance on, ad valorem taxes |
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| 29 | 29 | | imposed to fund public schools is not included as part of the first |
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| 30 | 30 | | $2.5 billion coming into the treasury for purposes of Subsection |
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| 31 | 31 | | (a) of this section, and is not subject to the requirements |
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| 32 | 32 | | applicable to the deposit of money in excess of $2.5 billion |
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| 33 | 33 | | prescribed by Subsection (a) of this section, to the extent general |
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| 34 | 34 | | law continues to require the deposit of that revenue as described by |
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| 35 | 35 | | this subsection and limit the appropriation of that revenue to the |
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| 36 | 36 | | purpose described by this subsection. |
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| 37 | 37 | | SECTION 2. The following temporary provision is added to |
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| 38 | 38 | | the Texas Constitution: |
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| 39 | 39 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 40 | 40 | | to the constitutional amendment proposed by the 84th Legislature, |
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| 41 | 41 | | Regular Session, 2015, dedicating certain revenue derived from the |
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| 42 | 42 | | tax imposed on the sale of a motor vehicle sold in this state to the |
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| 43 | 43 | | state highway fund. |
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| 44 | 44 | | (b) The changes to Article VIII of this constitution made by |
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| 45 | 45 | | the amendment take effect September 1, 2017. |
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| 46 | 46 | | (c) Beginning with the state fiscal year beginning on |
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| 47 | 47 | | September 1, 2017, the legislature may not appropriate any revenue |
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| 48 | 48 | | to which Section 7-c(a), Article VIII, of this constitution applies |
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| 49 | 49 | | for any purpose other than a purpose described by Section 7-c(a), |
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| 50 | 50 | | Article VIII, of this constitution. |
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| 51 | 51 | | (d) This temporary provision expires September 1, 2018. |
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| 52 | 52 | | SECTION 3. This proposed constitutional amendment shall be |
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| 53 | 53 | | submitted to the voters at an election to be held November 3, 2015. |
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| 54 | 54 | | The ballot shall be printed to permit voting for or against the |
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| 55 | 55 | | proposition: "The constitutional amendment dedicating certain |
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| 56 | 56 | | revenue derived from the tax imposed on the sale of a motor vehicle |
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| 57 | 57 | | sold in this state to the state highway fund." |
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