By: Nichols, et al. S.J.R. No. 5
(In the Senate - Filed February 4, 2015; February 9, 2015,
read first time and referred to Committee on Transportation;
March 2, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; March 2, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.J.R. No. 5 By: Nichols
SENATE JOINT RESOLUTION
proposing a constitutional amendment dedicating certain revenue
derived from the tax imposed on the sale, use, or rental of a motor
vehicle 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 (c) of this section,
the net revenue derived from the tax authorized by Chapter 152, Tax
Code, or its successor, and imposed on the sale, use, or rental of a
motor vehicle that exceeds the first $2.5 billion of that revenue
coming into the treasury in a state fiscal year shall be deposited
as follows:
(1) the next $2.5 billion of that revenue coming into
the treasury in that state fiscal year shall be deposited to the
credit of the state highway fund; and
(2) any additional revenue to which this subsection
applies that comes into the treasury in that state fiscal year shall
be deposited:
(A) one-half to the credit of the state highway
fund; and
(B) the remainder to the credit of the general
revenue fund.
(b) Money deposited to the credit of the state highway fund
under this section 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 of and interest on general
obligation bonds issued as authorized by Section 49-p, Article III,
of this constitution.
(c) 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
$5 billion coming into the treasury for purposes of Subsection (a)
of this section, and the requirements applicable to the deposit of
money in excess of $2.5 billion prescribed by Subsection (a) of this
section do not apply to that revenue 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, use, or rental of a motor vehicle 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)(1) or (2)(A), Article VIII, of this
constitution applies for any purpose other than a purpose described
by Section 7-c(b), 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 8, 2016.
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, use, or rental of
a motor vehicle to the state highway fund."
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