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A JOINT RESOLUTION
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proposing a constitutional amendment limiting the purposes for |
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which revenue from motor vehicle registration fees, taxes on motor |
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fuels and lubricants, and certain revenues received from the |
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federal government may be used and authorizing the legislature to |
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provide for automatic adjustments of the rates of motor fuels |
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taxes. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article VIII, Texas Constitution, is amended by |
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amending Sections 7-a and 7-b and adding Section 7-c to read as |
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follows: |
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Sec. 7-a. Subject to legislative appropriation, allocation |
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and direction, all net revenues remaining after payment of all |
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refunds allowed by law and expenses of collection derived from |
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motor vehicle registration fees, and all taxes, except gross |
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production and ad valorem taxes, on motor fuels and lubricants used |
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to propel motor vehicles over public roadways, shall be used only |
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for [the sole purpose of] acquiring rights-of-way and [,] |
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constructing and [,] maintaining[, and policing such] public |
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roadways, and for the administration of such laws as may be |
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prescribed by the Legislature pertaining to the supervision of |
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traffic and safety on such roads performed by, or under the |
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supervision of, the state agency that is responsible for the |
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construction and maintenance of state highways [; and for the
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payment of the principal and interest on county and road district
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bonds or warrants voted or issued prior to January 2, 1939, and
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declared eligible prior to January 2, 1945, for payment out of the
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County and Road District Highway Fund under existing law]; |
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provided, however, that one-fourth (1/4) of such net revenue from |
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the motor fuel tax shall be allocated to the Available School Fund; |
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and, provided, however, that the net revenue derived by counties |
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from motor vehicle registration fees shall never be less than the |
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maximum amounts allowed to be retained by each County and the |
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percentage allowed to be retained by each County under the laws in |
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effect on January 1, 1945. Nothing contained herein shall be |
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construed as authorizing the pledging of the State's credit for any |
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purpose. |
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Sec. 7-b. All revenues received from the federal government |
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as reimbursement for state expenditures of funds that are |
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themselves dedicated for acquiring rights-of-way and constructing |
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and [,] maintaining[, and policing] public roadways or for the |
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administration of a law described by Section 7-a of this article are |
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also constitutionally dedicated and shall be used only for those |
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purposes. |
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Sec. 7-c. The legislature by general law may authorize the |
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comptroller of public accounts to automatically adjust the rates of |
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taxes imposed on motor fuels. A general law authorizing the |
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comptroller of public accounts to automatically adjust the rates |
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must prescribe the manner in which the comptroller may adjust the |
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rates and may include a provision basing the adjustment wholly or |
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partly on one or more price or cost indexes published by an agency |
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of the United States. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, to limit the purposes for which revenues |
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from motor vehicle registration fees, taxes on motor fuels and |
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lubricants, and certain revenues received from the federal |
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government may be used. |
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(b) The changes to Sections 7-a and 7-b, Article VIII, of |
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this constitution made by the amendment apply only in connection |
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with a state fiscal biennium that begins on or after September 1, |
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2011. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment limiting the purposes |
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for which revenue from motor vehicle registration fees, taxes on |
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motor fuels and lubricants, and certain revenues received from the |
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federal government may be used and authorizing the legislature to |
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provide for automatic adjustments of the rates of motor fuels |
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taxes." |