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SENATE JOINT RESOLUTION
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proposing a constitutional amendment prescribing the purposes for |
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which revenue from motor vehicle registration fees and 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. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 7-a and 7-b, Article VIII, Texas |
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Constitution, are amended to read as follows: |
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Sec. 7-a. (a) Subject to legislative appropriation, |
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allocation, and direction, all net revenues remaining after payment |
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of all refunds allowed by law and expenses of collection derived |
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from 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 agency of this state, or a component or |
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successor in function, responsible for the construction and |
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maintenance of state highways; [and for the payment of the
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principal and interest on county and road district bonds or
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warrants voted or issued prior to January 2, 1939, and declared
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eligible prior to January 2, 1945, for payment out of the County and
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Road District Highway Fund under existing law;] provided, however, |
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that one-fourth (1/4) of such net revenue from the motor fuel tax |
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shall be allocated to the Available School Fund; and, provided, |
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however, that the net revenue derived by counties from motor |
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vehicle registration fees shall never be less than the maximum |
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amounts allowed to be retained by each County and the percentage |
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allowed to be retained by each County under the laws in effect on |
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January 1, 1945. |
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(b) Nothing in this section may [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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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, prescribing the purposes for which revenue |
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from motor vehicle registration fees and 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 amendments to Sections 7-a and 7-b, Article VIII, of |
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this constitution, take effect September 1, 2018. |
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(c) Beginning in the state fiscal year beginning on |
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September 1, 2018, and subject to Subsection (e) of this temporary |
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provision, the legislature may not appropriate any revenue |
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described by Section 7-a or 7-b, Article VIII, of this |
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constitution, and the state agency responsible for the construction |
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and maintenance of state highways may not allocate any revenue |
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described by those sections that is appropriated to the state |
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agency, for any purpose other than acquiring rights-of-way and |
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constructing and maintaining public roadways or for the |
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administration of a law described by Section 7-a, Article VIII, of |
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this constitution. |
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(d) Beginning in each state fiscal year that begins on or |
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after September 1, 2011, but before September 1, 2018, and subject |
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to Subsection (e) of this temporary provision, the legislature |
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shall proportionally decrease the amount of revenue described by |
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Sections 7-a and 7-b, Article VIII, of this constitution, that is |
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appropriated for any purpose other than acquiring rights-of-way and |
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constructing and maintaining public roadways or for the |
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administration of a law described by Section 7-a of that article, as |
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necessary to comply with Subsection (c) of this temporary provision |
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beginning September 1, 2018. The state agency responsible for the |
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construction and maintenance of state highways shall ensure that |
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any revenue described by Sections 7-a and 7-b, Article VIII, of this |
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constitution, that is appropriated to the agency is allocated in a |
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manner that reflects that proportional decrease. |
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(e) This temporary provision does not affect: |
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(1) the allocation of revenue to the available school |
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fund or the allocation to counties of motor vehicle registration |
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fees under Section 7-a, Article VIII, of this constitution; or |
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(2) the use of revenue described by Sections 7-a and |
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7-b, Article VIII, of this constitution, for a purpose specifically |
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authorized by another provision of this constitution. |
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(f) This temporary provision expires September 1, 2019. |
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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 prescribing the |
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purposes for which revenue from motor vehicle registration fees and |
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taxes on motor fuels and lubricants and certain revenues received |
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from the federal government may be used." |
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