| 1 | 1 | | 84R529 JAM-D |
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| 2 | 2 | | By: Schwertner S.J.R. No. 15 |
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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 prescribing the purposes for |
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| 7 | 7 | | which revenue from motor vehicle registration fees, certain motor |
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| 8 | 8 | | vehicle-related taxes, and certain revenues received from the |
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| 9 | 9 | | federal government may be used. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 7-a and 7-b, Article VIII, Texas |
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| 12 | 12 | | Constitution, are amended to read as follows: |
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| 13 | 13 | | Sec. 7-a. Subject to legislative appropriation, allocation |
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| 14 | 14 | | and direction, all net revenues remaining after payment of all |
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| 15 | 15 | | refunds allowed by law and expenses of collection derived from |
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| 16 | 16 | | motor vehicle registration fees, and all taxes, except gross |
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| 17 | 17 | | production and ad valorem taxes, on motor fuels and lubricants used |
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| 18 | 18 | | to propel motor vehicles over public roadways, shall be used for the |
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| 19 | 19 | | sole purpose of acquiring rights-of-way and [,] constructing and |
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| 20 | 20 | | [,] maintaining[, and policing] such public roadways[, and for the |
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| 21 | 21 | | administration of such laws as may be prescribed by the Legislature |
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| 22 | 22 | | pertaining to the supervision of traffic and safety on such roads; |
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| 23 | 23 | | and for the payment of the principal and interest on county and road |
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| 24 | 24 | | district bonds or warrants voted or issued prior to January 2, 1939, |
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| 25 | 25 | | and declared eligible prior to January 2, 1945, for payment out of |
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| 26 | 26 | | the County and Road District Highway Fund under existing law]; |
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| 27 | 27 | | provided, however, that one-fourth (1/4) of such net revenue from |
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| 28 | 28 | | the motor fuel tax shall be allocated to the Available School Fund; |
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| 29 | 29 | | and, provided, however, that the net revenue derived by counties |
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| 30 | 30 | | from motor vehicle registration fees shall never be less than the |
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| 31 | 31 | | maximum amounts allowed to be retained by each County and the |
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| 32 | 32 | | percentage allowed to be retained by each County under the laws in |
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| 33 | 33 | | effect on January 1, 1945. Nothing contained herein shall be |
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| 34 | 34 | | construed as authorizing the pledging of the State's credit for any |
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| 35 | 35 | | purpose. |
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| 36 | 36 | | Sec. 7-b. All revenues received from the federal government |
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| 37 | 37 | | as reimbursement for state expenditures of funds that are |
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| 38 | 38 | | themselves dedicated for acquiring rights-of-way and constructing |
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| 39 | 39 | | and[,] maintaining[, and policing] public roadways are also |
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| 40 | 40 | | constitutionally dedicated and shall be used only for those |
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| 41 | 41 | | purposes. |
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| 42 | 42 | | SECTION 2. The following temporary provision is added to |
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| 43 | 43 | | the Texas Constitution: |
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| 44 | 44 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 45 | 45 | | to the constitutional amendment proposed by the 84th Legislature, |
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| 46 | 46 | | Regular Session, 2015, prescribing the purposes for which revenue |
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| 47 | 47 | | from motor vehicle registration fees, taxes on motor fuels and |
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| 48 | 48 | | lubricants, and certain revenues received from the federal |
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| 49 | 49 | | government may be used. |
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| 50 | 50 | | (b) The amendments to Sections 7-a and 7-b, Article VIII, of |
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| 51 | 51 | | this constitution apply only in connection with a state fiscal |
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| 52 | 52 | | biennium that begins on or after September 1, 2017. |
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| 53 | 53 | | (c) Beginning in the state fiscal year that begins on |
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| 54 | 54 | | September 1, 2017, the legislature may not appropriate any revenue |
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| 55 | 55 | | described by Section 7-a, Article VIII, of this constitution, and |
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| 56 | 56 | | the state agency responsible for the construction and maintenance |
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| 57 | 57 | | of state highways may not allocate any revenue described by that |
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| 58 | 58 | | section that is appropriated to the state agency, for any purpose |
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| 59 | 59 | | other than acquiring rights-of-way and constructing and |
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| 60 | 60 | | maintaining public roadways. |
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| 61 | 61 | | (d) This temporary provision does not affect: |
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| 62 | 62 | | (1) the allocation of revenue to the available school |
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| 63 | 63 | | fund or the allocation to counties of motor vehicle registration |
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| 64 | 64 | | fees under Section 7-a, Article VIII, of this constitution; or |
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| 65 | 65 | | (2) the use of revenue described by Section 7-a or 7-b, |
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| 66 | 66 | | Article VIII, of this constitution for a purpose specifically |
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| 67 | 67 | | authorized by another provision of this constitution. |
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| 68 | 68 | | (e) This temporary provision expires September 2, 2017. |
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| 69 | 69 | | SECTION 3. This proposed constitutional amendment shall be |
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| 70 | 70 | | submitted to the voters at an election to be held November 3, 2015. |
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| 71 | 71 | | The ballot shall be printed to permit voting for or against the |
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| 72 | 72 | | proposition: "The constitutional amendment prescribing the |
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| 73 | 73 | | purposes for which revenue from motor vehicle registration fees, |
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| 74 | 74 | | taxes on motor fuels and lubricants, and certain revenues received |
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| 75 | 75 | | from the federal government may be used." |
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