78R4037 MTB-F

By:  Puente                                                     H.J.R. No. 1  



A JOINT RESOLUTION

proposing a constitutional amendment allowing the expenditure of 
motor vehicle fuel taxes and registration fees for rights-of-way 
for railroads and utilities.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 7-a, Article VIII, Texas Constitution, 
is amended to read as follows:
	Sec. 7-a.  Subject to legislative appropriation, allocation 
and direction, all net revenues remaining after payment of all 
refunds allowed by law and expenses of collection derived from 
motor vehicle registration fees, and all taxes, except gross 
production and ad valorem taxes, on motor fuels and lubricants used 
to propel motor vehicles over public roadways, shall be used for the 
sole purpose of acquiring rights-of-way, constructing, 
maintaining, and policing such public roadways, and for the 
administration of such laws as may be prescribed by the Legislature 
pertaining to the supervision of traffic and safety on such roads; 
and for the purpose of planning and acquiring rights-of-way for 
railroads and utilities, including pipelines, water lines, power 
lines, and communications lines, if the Texas Transportation 
Commission or its successor finds that the expenditure will benefit 
the state highway system;  and for the payment of the principal and 
interest on county and road district bonds or warrants voted or 
issued prior to January 2, 1939, and declared eligible prior to 
January 2, 1945, for payment out of the County and Road District 
Highway Fund under existing law;  provided, however, that 
one-fourth (1/4) of such net revenue from the motor fuel tax shall 
be allocated to the Available School Fund;  and, provided, however, 
that the net revenue derived by counties from motor vehicle 
registration fees shall never be less than the maximum amounts 
allowed to be retained by each County and the percentage allowed to 
be retained by each County under the laws in effect on January 1, 
1945.  Nothing contained herein shall be construed as authorizing 
the pledging of the State's credit for any purpose.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003. 
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment to allow the 
expenditure of motor vehicle fuel taxes and registration fees to 
plan and acquire property for railroads and utilities, including 
pipelines, water lines, power lines, and communications lines, if 
the expenditure will benefit the state highway system."