84R8973 JAM-D
By: Huffines S.J.R. No. 43
A JOINT RESOLUTION
proposing a constitutional amendment prohibiting the issuance of
certain debt and the use of certain revenue for toll roads.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49-m(a), Article III, Texas
Constitution, is amended to read as follows:
(a) The legislature, by law, may authorize the Texas
Transportation Commission or its successor to authorize the Texas
Department of Transportation or its successor to issue notes or
borrow money from any source to carry out the functions of the
department other than department functions related to toll roads.
SECTION 2. Section 49-n(a), Article III, Texas
Constitution, as proposed by H.J.R. 28, 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) To fund highway improvement projects, other than toll
roads, the legislature may authorize the Texas Transportation
Commission or its successor to issue bonds and other public
securities and enter into bond enhancement agreements that are
payable from revenue deposited to the credit of the state highway
fund.
SECTION 3. Section 49-p(a), Article III, Texas
Constitution, is amended to read as follows:
(a) To provide funding for highway improvement projects,
other than toll roads, the legislature by general law may authorize
the Texas Transportation Commission or its successor to issue
general obligation bonds of the State of Texas in an aggregate
amount not to exceed $5 billion and enter into related credit
agreements. The bonds shall be executed in the form, on the terms,
and in the denominations, bear interest, and be issued in
installments as prescribed by the Texas Transportation Commission
or its successor.
SECTION 4. 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 policing public roadways and for acquiring
rights-of-way for and [,] constructing and [,] maintaining[, and
policing such] public roadways, other than toll roads, 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 policing public roadways and for acquiring
rights-of-way for and constructing and[,] maintaining[, and
policing] public roadways, other than toll roads, are also
constitutionally dedicated and shall be used only for those
purposes.
SECTION 5. 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 debt may
be issued and 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 49-m, 49-n, and 49-p, Article
III, and 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) This temporary provision expires September 2, 2017.
SECTION 6. 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 prohibiting the
issuance of certain debt and the use of certain revenue for toll
roads."