82R22938 JAM-D
 
  By: Larson, Phillips, Pickett, Harper-Brown, H.J.R. No. 84
      Lavender
 
  Substitute the following for H.J.R. No. 84:
 
  By:  Pickett C.S.H.J.R. No. 84
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment 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.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7-a, Article VIII, Texas Constitution,
  is amended 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 for the
  sole purpose of acquiring rights-of-way, constructing,
  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;
  [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.
         (b)  For a biennium, the Legislature may not appropriate
  funds derived from the revenue described by Subsection (a) of this
  section or Section 7-b of this article for a purpose other than
  acquiring rights-of-way or constructing or maintaining public
  roadways in an amount that exceeds the lesser of:
               (1)  the total amount of those funds appropriated for a
  purpose other than acquiring rights-of-way or constructing or
  maintaining public roadways in the preceding biennium; or
               (2)  the amount determined under Subsection (c) of this
  section.
         (c)  For each biennium, the maximum amount that may be
  appropriated as provided by Subsection (b) of this section is
  reduced by 20 percent from the preceding biennium if the estimate of
  anticipated revenue from all sources made in advance of the regular
  session under Section 49a(a), Article III, of this constitution for
  the biennium exceeds the total amount of revenue from all sources
  for the preceding biennium by more than three times the amount of
  the reduction.
         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 82nd Legislature,
  Regular Session, 2011, 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 Section 7-a, 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, 2013.
         (c)  This temporary provision expires September 2, 2013.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment 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."