Texas 2015 84th Regular

Texas Senate Bill SJR15 Introduced / Bill

Filed 11/17/2014

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                    84R529 JAM-D
 By: Schwertner S.J.R. No. 15


 A JOINT RESOLUTION
 proposing a constitutional amendment prescribing the purposes for
 which revenue from motor vehicle registration fees, certain motor
 vehicle-related taxes, and certain revenues received from the
 federal government may be used.
 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 7-a and 7-b, Article VIII, Texas
 Constitution, are amended to read as follows:
 Sec. 7-a.  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 and [,] constructing and
 [,] 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.
 Sec. 7-b.  All revenues received from the federal government
 as reimbursement for state expenditures of funds that are
 themselves dedicated for acquiring rights-of-way and constructing
 and[,] maintaining[, and policing] public roadways are also
 constitutionally dedicated and shall be used only for those
 purposes.
 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, prescribing the purposes for which revenue
 from motor vehicle registration fees, taxes on motor fuels and
 lubricants, and certain revenues received from the federal
 government may be used.
 (b)  The amendments to Sections 7-a and 7-b, Article VIII, of
 this constitution apply only in connection with a state fiscal
 biennium that begins on or after September 1, 2017.
 (c)  Beginning in the state fiscal year that begins on
 September 1, 2017, the legislature may not appropriate any revenue
 described by Section 7-a, Article VIII, of this constitution, and
 the state agency responsible for the construction and maintenance
 of state highways may not allocate any revenue described by that
 section that is appropriated to the state agency, for any purpose
 other than acquiring rights-of-way and constructing and
 maintaining public roadways.
 (d)  This temporary provision does not affect:
 (1)  the allocation of revenue to the available school
 fund or the allocation to counties of motor vehicle registration
 fees under Section 7-a, Article VIII, of this constitution; or
 (2)  the use of revenue described by Section 7-a or 7-b,
 Article VIII, of this constitution for a purpose specifically
 authorized by another provision of this constitution.
 (e)  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 prescribing the
 purposes for which revenue from motor vehicle registration fees,
 taxes on motor fuels and lubricants, and certain revenues received
 from the federal government may be used."