By: Smith of Tarrant H.J.R. No. 111
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment limiting the purposes for
  which revenue from motor vehicle registration fees, 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 fuels
  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-c 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 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 state agency that is 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. Nothing 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-c.  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.
         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, to limit the purposes for which revenues
  from motor vehicle registration fees, taxes on motor fuels and
  lubricants, and certain revenues received from the federal
  government may be used.
         (b)  The changes to Sections 7-a and 7-b, Article VIII, of
  this constitution made by the amendment apply only in connection
  with a state fiscal biennium that begins on or after September 1,
  2011.
         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 limiting the purposes
  for which revenue from motor vehicle registration fees, 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 fuels
  taxes."