|
|
|
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." |