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