84R3130 CJC-D
By: Nichols, Nelson S.J.R. No. 5
A JOINT RESOLUTION
proposing a constitutional amendment dedicating certain revenue
derived from the tax imposed on the sale of motor vehicles to the
state highway fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VIII, Texas Constitution, is amended by
adding Section 7-c to read as follows:
Sec. 7-c. (a) Subject to Subsection (b) of this section,
all net revenue derived from the tax authorized by Chapter 152, Tax
Code, or its successor, and imposed on the sale of a motor vehicle
sold in this state that exceeds the first $2.5 billion of that
revenue coming into the treasury for a state fiscal year shall be
deposited to the credit of the state highway fund and may be
appropriated only to:
(1) construct, maintain, or acquire rights-of-way for
public roadways other than toll roads; or
(2) repay the principal and interest on general
obligation bonds issued as authorized by Section 49-p, Article III,
of this constitution.
(b) Revenue described by Subsection (a) of this section
that, under general law in effect on January 1, 2015, was required
to be deposited to the credit of a fund outside the general revenue
fund from which money could be appropriated only for a purpose that
decreases the rates of, or reduces reliance on, ad valorem taxes
imposed to fund public schools is not included as part of the first
$2.5 billion coming into the treasury for purposes of Subsection
(a) of this section, and is not subject to the requirements
applicable to the deposit of money in excess of $2.5 billion
prescribed by Subsection (a) of this section, to the extent general
law continues to require the deposit of that revenue as described by
this subsection and limit the appropriation of that revenue to the
purpose described by this subsection.
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, dedicating certain revenue derived from the
tax imposed on the sale of a motor vehicle sold in this state to the
state highway fund.
(b) The changes to Article VIII of this constitution made by
the amendment take effect September 1, 2017.
(c) Beginning with the state fiscal year beginning on
September 1, 2017, the legislature may not appropriate any revenue
to which Section 7-c(a), Article VIII, of this constitution applies
for any purpose other than a purpose described by Section 7-c(a),
Article VIII, of this constitution.
(d) This temporary provision expires September 1, 2018.
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 dedicating certain
revenue derived from the tax imposed on the sale of a motor vehicle
sold in this state to the state highway fund."