| 1 | 1 | | 85R20534 JNC-D |
|---|
| 2 | 2 | | By: Capriglione H.C.R. No. 118 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | CONCURRENT RESOLUTION |
|---|
| 6 | 6 | | WHEREAS, In the 2015 election, 83 percent of Texas voters |
|---|
| 7 | 7 | | approved Proposition 7, a state constitutional amendment directing |
|---|
| 8 | 8 | | the allocation of a modest portion of sales tax revenue to the state |
|---|
| 9 | 9 | | highway fund for much-needed roadwork; and |
|---|
| 10 | 10 | | WHEREAS, Senate Bill 1 employs an accounting procedure that |
|---|
| 11 | 11 | | delays the prescribed diversion of $2.5 billion for highway funding |
|---|
| 12 | 12 | | from the 2019 fiscal year to the following budget cycle; this |
|---|
| 13 | 13 | | effectively double counts $2.5 billion, which will appear on the |
|---|
| 14 | 14 | | books of both the state's general fund and the highway fund during |
|---|
| 15 | 15 | | 2019; and |
|---|
| 16 | 16 | | WHEREAS, In addition to counting the same money twice, this |
|---|
| 17 | 17 | | tactic ignores Section 7-c, Article VIII, of the Texas |
|---|
| 18 | 18 | | Constitution, which requires the state comptroller to shift |
|---|
| 19 | 19 | | designated revenues to the state highway fund from the general |
|---|
| 20 | 20 | | revenue fund in the same fiscal year in which that revenue is |
|---|
| 21 | 21 | | collected; and |
|---|
| 22 | 22 | | WHEREAS, Failure to allocate the designated revenues to the |
|---|
| 23 | 23 | | highway fund in the correct year would contravene both the Texas |
|---|
| 24 | 24 | | Constitution and the clearly expressed desire of an overwhelming |
|---|
| 25 | 25 | | percentage of Texas voters; now, therefore, be it |
|---|
| 26 | 26 | | RESOLVED, That the 85th Legislature of the State of Texas |
|---|
| 27 | 27 | | hereby find that the diversion of sales tax funds from general |
|---|
| 28 | 28 | | revenue to the state highway fund was approved by Texas voters in |
|---|
| 29 | 29 | | 2015 and is required under Section 7-c, Article VIII, of the Texas |
|---|
| 30 | 30 | | Constitution; and, be it further |
|---|
| 31 | 31 | | RESOLVED, That the Texas Legislature affirm that a delay of |
|---|
| 32 | 32 | | this transfer from one fiscal year to another is unconstitutional. |
|---|