By: Truitt, Anchia, McClendon H.J.R. No. 9

Substitute the following for H.J.R. No. 9:

By: Pickett C.S.H.J.R. No. 9

A JOINT RESOLUTION

proposing a constitutional amendment prescribing the purposes for which revenue from motor vehicle registration fees and taxes on motor fuels and lubricants and certain revenues received from the federal government may be used and authorizing the legislature to provide for automatic adjustments of the rates of motor fuel taxes.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article VIII, Texas Constitution, is amended by amending Sections 7-a and 7-b and adding Section 7-d to read as follows:

Sec. 7-a. (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 only for [the sole purpose of] acquiring rights-of-way and [,] constructing and [,] 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 performed by, or under the supervision of, the agency of this state, or a component or successor in function, responsible for the construction and maintenance of state highways; [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.

(b) Nothing in this section may [contained herein shall] be construed as authorizing the pledging of the State's credit for any purpose.

Sec. 7-b. All revenues received from the federal government as reimbursement for state expenditures of funds that are themselves dedicated for acquiring rights-of-way and constructing and[,] maintaining[, and policing] public roadways or for the administration of a law described by Section 7-a of this article are also constitutionally dedicated and shall be used only for those purposes.

Sec. 7-d. (a) The Legislature by general law may authorize the comptroller of public accounts to automatically adjust the rates of taxes imposed on motor fuels. A general law authorizing the comptroller of public accounts to automatically adjust the rates must prescribe the manner in which the comptroller may adjust the rates and may include a provision basing the adjustment wholly or partly on one or more price or cost indexes published by an agency of the United States.

(b) Notwithstanding Section 7-a of this article, if the Legislature authorizes the comptroller of public accounts to automatically adjust the rates of taxes imposed on motor fuels, the net revenue derived from that adjustment may, subject to legislative appropriation, allocation, and direction, be used only for:

(1) acquiring rights-of-way and constructing and maintaining public roadways;

(2) the administration of laws that may be prescribed by the Legislature pertaining to the supervision of traffic and safety on public roads performed by, or under the supervision of, the agency of this state, or a component or successor in function, responsible for the construction and maintenance of state highways; and

(3) the construction, maintenance, and operation of passenger rail, transit rail, and freight rail.

SECTION 2. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 81st Legislature, Regular Session, 2009, prescribing the purposes for which revenue from motor vehicle registration fees and taxes on motor fuels and lubricants and certain revenues received from the federal government may be used and authorizing the legislature to provide for automatic adjustments of the rates of motor fuel taxes.

(b) The amendments to Sections 7-a and 7-b, Article VIII, of this constitution, take effect September 1, 2014.

(c) Beginning in the state fiscal year beginning on September 1, 2014, and subject to Subsections (e) and (f) of this temporary provision, the legislature may not appropriate any revenue described by Section 7-a or 7-b, Article VIII, of this constitution, and the state agency responsible for the construction and maintenance of state highways may not allocate any revenue described by those sections that is appropriated to the state agency, for any purpose other than acquiring rights-of-way and constructing and maintaining public roadways or for the administration of a law described by Section 7-a, Article VIII, of this constitution.

(d) Beginning in each state fiscal year that begins on or after September 1, 2011, but before September 1, 2014, and subject to Subsections (e) and (f) of this temporary provision, the legislature shall decrease the amount of revenue described by Sections 7-a and 7-b, Article VIII, of this constitution, that is appropriated for any purpose other than acquiring rights-of-way and constructing and maintaining public roadways or for the administration of a law described by Section 7-a of that article, as necessary to comply with Subsection (c) of this temporary provision beginning September 1, 2014. The state agency responsible for the construction and maintenance of state highways shall ensure that any revenue described by Sections 7-a and 7-b, Article VIII, of this constitution, that is appropriated to the agency is allocated in a manner that reflects that decrease.

(e) This temporary provision does not affect:

(1) the allocation of revenue to the available school fund or the allocation to counties of motor vehicle registration fees under Section 7-a, Article VIII, of this constitution; or

(2) the use of revenue described by Sections 7-a and 7-b, Article VIII, of this constitution, for a purpose specifically authorized by another provision of this constitution.

(f) This temporary provision does not apply to revenue described by Section 7-d, Article VIII, of this constitution.

(g) This temporary provision expires September 1, 2015.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2009. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment prescribing the purposes for which revenue from motor vehicle registration fees and taxes on motor fuels and lubricants and certain revenues received from the federal government may be used and authorizing the legislature to provide for automatic adjustments of the rates of motor fuel taxes."