1 | 1 | | 84R8973 JAM-D |
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2 | 2 | | By: Huffines S.J.R. No. 43 |
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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 prohibiting the issuance of |
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7 | 7 | | certain debt and the use of certain revenue for toll roads. |
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8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 49-m(a), Article III, Texas |
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10 | 10 | | Constitution, is amended to read as follows: |
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11 | 11 | | (a) The legislature, by law, may authorize the Texas |
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12 | 12 | | Transportation Commission or its successor to authorize the Texas |
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13 | 13 | | Department of Transportation or its successor to issue notes or |
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14 | 14 | | borrow money from any source to carry out the functions of the |
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15 | 15 | | department other than department functions related to toll roads. |
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16 | 16 | | SECTION 2. Section 49-n(a), Article III, Texas |
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17 | 17 | | Constitution, as proposed by H.J.R. 28, 78th Legislature, Regular |
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18 | 18 | | Session, 2003, is amended to read as follows: |
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19 | 19 | | (a) To fund highway improvement projects, other than toll |
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20 | 20 | | roads, the legislature may authorize the Texas Transportation |
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21 | 21 | | Commission or its successor to issue bonds and other public |
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22 | 22 | | securities and enter into bond enhancement agreements that are |
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23 | 23 | | payable from revenue deposited to the credit of the state highway |
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24 | 24 | | fund. |
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25 | 25 | | SECTION 3. Section 49-p(a), Article III, Texas |
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26 | 26 | | Constitution, is amended to read as follows: |
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27 | 27 | | (a) To provide funding for highway improvement projects, |
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28 | 28 | | other than toll roads, the legislature by general law may authorize |
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29 | 29 | | the Texas Transportation Commission or its successor to issue |
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30 | 30 | | general obligation bonds of the State of Texas in an aggregate |
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31 | 31 | | amount not to exceed $5 billion and enter into related credit |
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32 | 32 | | agreements. The bonds shall be executed in the form, on the terms, |
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33 | 33 | | and in the denominations, bear interest, and be issued in |
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34 | 34 | | installments as prescribed by the Texas Transportation Commission |
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35 | 35 | | or its successor. |
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36 | 36 | | SECTION 4. Sections 7-a and 7-b, Article VIII, Texas |
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37 | 37 | | Constitution, are amended to read as follows: |
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38 | 38 | | Sec. 7-a. Subject to legislative appropriation, allocation |
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39 | 39 | | and direction, all net revenues remaining after payment of all |
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40 | 40 | | refunds allowed by law and expenses of collection derived from |
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41 | 41 | | motor vehicle registration fees, and all taxes, except gross |
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42 | 42 | | production and ad valorem taxes, on motor fuels and lubricants used |
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43 | 43 | | to propel motor vehicles over public roadways, shall be used for the |
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44 | 44 | | sole purpose of policing public roadways and for acquiring |
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45 | 45 | | rights-of-way for and [,] constructing and [,] maintaining[, and |
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46 | 46 | | policing such] public roadways, other than toll roads, and for the |
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47 | 47 | | administration of such laws as may be prescribed by the Legislature |
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48 | 48 | | pertaining to the supervision of traffic and safety on such roads; |
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49 | 49 | | [and for the payment of the principal and interest on county and |
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50 | 50 | | road district bonds or warrants voted or issued prior to January 2, |
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51 | 51 | | 1939, and declared eligible prior to January 2, 1945, for payment |
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52 | 52 | | out of the County and Road District Highway Fund under existing |
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53 | 53 | | law;] provided, however, that one-fourth (1/4) of such net revenue |
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54 | 54 | | from the motor fuel tax shall be allocated to the Available School |
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55 | 55 | | Fund; and, provided, however, that the net revenue derived by |
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56 | 56 | | counties from motor vehicle registration fees shall never be less |
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57 | 57 | | than the maximum amounts allowed to be retained by each County and |
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58 | 58 | | the percentage allowed to be retained by each County under the laws |
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59 | 59 | | in effect on January 1, 1945. Nothing contained herein shall be |
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60 | 60 | | construed as authorizing the pledging of the State's credit for any |
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61 | 61 | | purpose. |
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62 | 62 | | Sec. 7-b. All revenues received from the federal government |
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63 | 63 | | as reimbursement for state expenditures of funds that are |
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64 | 64 | | themselves dedicated for policing public roadways and for acquiring |
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65 | 65 | | rights-of-way for and constructing and[,] maintaining[, and |
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66 | 66 | | policing] public roadways, other than toll roads, are also |
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67 | 67 | | constitutionally dedicated and shall be used only for those |
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68 | 68 | | purposes. |
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69 | 69 | | SECTION 5. The following temporary provision is added to |
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70 | 70 | | the Texas Constitution: |
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71 | 71 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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72 | 72 | | to the constitutional amendment proposed by the 84th Legislature, |
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73 | 73 | | Regular Session, 2015, prescribing the purposes for which debt may |
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74 | 74 | | be issued and for which revenue from motor vehicle registration |
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75 | 75 | | fees, taxes on motor fuels and lubricants, and certain revenues |
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76 | 76 | | received from the federal government may be used. |
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77 | 77 | | (b) The amendments to Sections 49-m, 49-n, and 49-p, Article |
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78 | 78 | | III, and Sections 7-a and 7-b, Article VIII, of this constitution |
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79 | 79 | | apply only in connection with a state fiscal biennium that begins on |
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80 | 80 | | or after September 1, 2017. |
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81 | 81 | | (c) This temporary provision expires September 2, 2017. |
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82 | 82 | | SECTION 6. This proposed constitutional amendment shall be |
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83 | 83 | | submitted to the voters at an election to be held November 3, 2015. |
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84 | 84 | | The ballot shall be printed to permit voting for or against the |
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85 | 85 | | proposition: "The constitutional amendment prohibiting the |
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86 | 86 | | issuance of certain debt and the use of certain revenue for toll |
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87 | 87 | | roads." |
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