S.J.R. No. 5
proposing a constitutional amendment dedicating a portion of the
revenue derived from the state sales and use tax and 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 Subsections (d) and (e) of this
section, in each state fiscal year, the comptroller of public
accounts shall deposit to the credit of the state highway fund $2.5
billion of the net revenue derived from the imposition of the state
sales and use tax on the sale, storage, use, or other consumption in
this state of taxable items under Chapter 151, Tax Code, or its
successor, that exceeds the first $28 billion of that revenue
coming into the treasury in that state fiscal year.
(b) Subject to Subsections (d) and (e) of this section, in
each state fiscal year, the comptroller of public accounts shall
deposit to the credit of the state highway fund an amount equal to
35 percent of 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 $5 billion
of that revenue coming into the treasury in that state fiscal year.
(c) 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.
(d) The legislature by adoption of a resolution approved by
a record vote of two-thirds of the members of each house of the
legislature may direct the comptroller of public accounts to reduce
the amount of money deposited to the credit of the state highway
fund under Subsection (a) or (b) of this section. The comptroller
may be directed to make that reduction only:
(1) in the state fiscal year in which the resolution is
adopted, or in either of the following two state fiscal years; and
(2) by an amount or percentage that does not result in
a reduction of more than 50 percent of the amount that would
otherwise be deposited to the fund in the affected state fiscal year
under the applicable subsection of this section.
(e) Subject to Subsection (f) of this section, the duty of
the comptroller of public accounts to make a deposit under this
section expires:
(1) August 31, 2032, for a deposit required by
Subsection (a) of this section; and
(2) August 31, 2029, for a deposit required by
Subsection (b) of this section.
(f) The legislature by adoption of a resolution approved by
a record vote of a majority of the members of each house of the
legislature may extend, in 10-year increments, the duty of the
comptroller of public accounts to make a deposit under Subsection
(a) or (b) of this section beyond the applicable date prescribed by
Subsection (e) of this section.
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 a portion of the revenue derived
from the state sales and use tax and the tax imposed on the sale,
use, or rental of a motor vehicle to the state highway fund.
(b) Section 7-c(a), Article VIII, of this constitution
takes effect September 1, 2017.
(c) Section 7-c(b), Article VIII, of this constitution
takes effect September 1, 2019.
(d) Beginning on the dates prescribed by Subsections (b) and
(c) of this section, the legislature may not appropriate any
revenue to which Section 7-c(a) or (b), Article VIII, of this
constitution applies that is deposited to the credit of the state
highway fund for any purpose other than a purpose described by
Section 7-c(c), Article VIII, of this constitution.
(e) This temporary provision expires September 1, 2020.
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
sales and use tax revenue and motor vehicle sales, use, and rental
tax revenue to the state highway fund to provide funding for
nontolled roads and the reduction of certain
transportation-related debt."
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.J.R. No. 5 passed the Senate on
March 4, 2015, by the following vote: Yeas 28, Nays 2;
May 4, 2015, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 6, 2015, House
granted request of the Senate; May 29, 2015, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.J.R. No. 5 passed the House, with
amendments, on April 30, 2015, by the following vote: Yeas 138,
Nays 3, one present not voting; May 6, 2015, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2015, House adopted Conference Committee Report by the
following vote: Yeas 142, Nays 1, one present not voting.
______________________________
Chief Clerk of the House