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A 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, certain motor |
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vehicle-related taxes, 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. 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 and on new and used |
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motor vehicle tires and new and used motor vehicle parts, shall be |
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used 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; 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. Nothing contained herein shall be construed as |
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authorizing the pledging of the State's credit for any 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 are also |
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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 82nd Legislature, |
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Regular Session, 2011, prescribing the purposes for which revenue |
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from motor vehicle registration fees, taxes on motor fuels and |
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lubricants and motor vehicle tires and parts, and certain revenues |
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received from the federal 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 apply only in connection with a state fiscal |
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biennium that begins on or after September 1, 2015. |
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(c) Beginning in the state fiscal year that begins on |
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September 1, 2015, 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, Article VIII, of this constitution, and |
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the state agency responsible for the construction and maintenance |
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of state highways may not allocate any revenue described by that |
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section that is appropriated to the state agency, for any purpose |
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other than acquiring rights-of-way and constructing and |
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maintaining public roadways. |
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(d) Beginning in each state fiscal year that begins on or |
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after September 1, 2013, and subject to Subsection (e) of this |
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temporary provision, the legislature shall proportionally decrease |
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the amount of revenue described by Section 7-a, Article VIII, of |
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this constitution that is appropriated for any purpose other than |
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acquiring rights-of-way and constructing and maintaining public |
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roadways, as necessary to comply with Subsection (c) of this |
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temporary provision beginning September 1, 2015. The state agency |
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responsible for the construction and maintenance of state highways |
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shall ensure that any revenue described by Section 7-a, Article |
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VIII, of this constitution that is appropriated to the agency is |
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allocated in a 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 Section 7-a or 7-b, |
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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, 2016. |
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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 8, 2011. |
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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, |
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taxes on motor fuels and lubricants and motor vehicle tires and |
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parts, and certain revenues received from the federal government |
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may be used." |