By:  Lindsay                                          S.J.R. No. 27
         2001S0496/1                            
 1-1                           SENATE JOINT RESOLUTION
 1-2     proposing a constitutional amendment establishing a special motor
 1-3     fuels tax and dedicating the proceeds of the special tax to the
 1-4     Texas Department of Transportation and to the funding of group
 1-5     health benefits for employees of school districts.
 1-6           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 7-a, Article VIII, Texas Constitution, is
 1-8     amended to read as follows:
 1-9           Sec. 7-a.  (a)  Except as provided by Section 7-c of this
1-10     article and subject [Subject] to legislative appropriation,
1-11     allocation, and direction, all net revenues remaining after payment
1-12     of all refunds allowed by law and expenses of collection derived
1-13     from motor vehicle registration fees, and all taxes, except gross
1-14     production and ad valorem taxes, on motor fuels and lubricants used
1-15     to propel motor vehicles over public roadways, shall be used for
1-16     the sole purpose of:
1-17                 (1)  acquiring rights-of-way;
1-18                 (2)  [,] constructing, maintaining, and policing such
1-19     public roadways;[,] and
1-20                 (3)  [for] the administration of such laws as may be
1-21     prescribed by the legislature [Legislature] pertaining to the
1-22     supervision of traffic and safety on such roads.
1-23           (b)  One-fourth[; and for the payment of the principal and
1-24     interest on county and road district bonds or warrants voted or
 2-1     issued prior to January 2, 1939, and declared eligible prior to
 2-2     January 2, 1945, for payment out of the County and Road District
 2-3     Highway Fund under existing law; provided, however, that one-fourth
 2-4     (1/4)] of the [such] net revenue from the motor fuel tax authorized
 2-5     under this section shall be allocated to the available school fund.
 2-6           (c)  The [Available School Fund; and, provided, however, that
 2-7     the] net revenue derived by counties from motor vehicle
 2-8     registration fees shall never be less than the maximum amounts
 2-9     allowed to be retained by each County and the percentage allowed to
2-10     be retained by each County under the laws in effect on January 1,
2-11     1945.
2-12           (d)  Nothing contained in this section [herein] shall be
2-13     construed as authorizing the pledging of the State's credit for any
2-14     purpose.
2-15           SECTION 2.  Article VIII, Texas Constitution, is amended by
2-16     adding Section 7-c to read as follows:
2-17           Sec. 7-c.  (a)  In addition to any taxes on motor fuels
2-18     authorized by other provisions of this constitution, for the
2-19     purposes described by this section the legislature by law shall
2-20     impose a special tax of four cents on the sale of motor fuels used
2-21     to propel motor vehicles over public roadways.
2-22           (b)  One cent from the tax imposed under Subsection (a) of
2-23     this section shall be allocated to the available school fund to  be
2-24     used for the sole purpose of funding group health benefits for
2-25     employees of school districts.  Three cents from the tax imposed
2-26     under Subsection (a) of this section shall be allocated to the
 3-1     Texas Department of Transportation, of which not more than one cent
 3-2     may be used for the purpose of paying the department's debt
 3-3     service.
 3-4           SECTION 3.  This proposed constitutional amendment shall be
 3-5     submitted to the voters at an election to be held November 6, 2001.
 3-6     The ballot shall be printed to permit voting for or against the
 3-7     proposition:  "The constitutional amendment establishing a special
 3-8     motor fuels tax and dedicating the proceeds of the special tax to
 3-9     the Texas Department of Transportation and to funding group health
3-10     benefits for employees of school districts."