BILL ANALYSIS

S.J.R. 52

By: Davis, Wendy

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law restricts funds collected from motor vehicle registration fees and motor fuels taxes for use on a variety of transportation purposes. These include the acquisition of rights-of-way, construction, maintenance, and policing of public roadways, and traffic safety on such roads.

S.J.R. 52 proposes an amendment to the Texas Constitution to authorize the legislature to authorize a county to assess and collect a local motor fuels tax and an additional vehicle registration fee to be used for mobility improvement projects and for passenger rail, transit, and freight rail systems.

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.J.R. 52 proposes an amendment to the Texas Constitution to authorize the legislature by general law to authorize a county to assess and collect a local tax on the sale of gasoline and diesel fuel in the county, to assess and collect an additional vehicle registration fee on a vehicle registered in the county, and to use the revenue from the tax and fee for mobility improvement projects, including acquiring rights-of-way, constructing and maintaining public roadways of the county, and providing funding for the construction, maintenance, and operation of passenger rail, transit, and freight rail systems.

S.J.R. 52 allows revenue derived from the tax or fee to be used only as specified. The resolution clarifies that other constitutional provisions that establish the purposes for which revenues from motor vehicle registration fees and taxes on motor vehicle fuels and lubricants may be used are not applicable to a tax authorized by the proposed constitutional amendment. The resolution sets forth the required language of the ballot.

ELECTION DATE

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 3, 2009.