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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 taxes on motor fuels and lubricants may be used. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. proposing a constitutional amendment limiting the |
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purposes for which revenue from taxes on motor fuels and lubricants |
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may be used. |
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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 Section 7-a and adding Section 7-c 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, 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, constructing, |
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and maintaining, [and policing such] public roadways, and for the
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administration of such laws as may be prescribed by the Legislature |
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pertaining to the supervision of traffic and safety on such roads; |
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[and for the payment of the principal and interest on county and |
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road district bonds or warrants voted or issued prior to January 2, |
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1939, and declared eligible prior to January 2, 1945, for payment |
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out of the 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. |
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(b) Subject to legislative appropriation, allocation, and |
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direction: |
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(1) three-fourths of the net revenue that is remaining |
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after payment of all refunds allowed by law and expenses of |
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collection and that is derived from 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 highways shall be used for the |
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sole purpose of constructing and maintaining public highways; and |
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(2) one-fourth of that net revenue shall be allocated |
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to the available school fund. |
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(c) Nothing contained in this section [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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(d) For a biennium, the Legislature may not appropriate |
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funds derived from the revenue described by Subsection (a) and |
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Subsection (b) of this section or Section 7-b of this article for a |
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purpose other than acquiring rights-of-way or constructing or |
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maintaining public roadways in an amount that exceeds the lesser |
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of: |
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(1) the total amount of those funds appropriated for a |
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purpose other than acquiring rights-of-way or constructing or |
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maintaining public roadways in the preceding biennium; or |
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(2) the amount determined under Subsection (c) of this |
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section. |
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(e) For each biennium, the maximum amount that may be |
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appropriated as provided by Subsection (b) of this section is |
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reduced by 25 percent from the preceding biennium if the estimate of |
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anticipated revenue from all sources made in advance of the regular |
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session under Section 49a(a), Article III, of this constitution for |
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the biennium exceeds the total amount of revenue from all sources |
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for the preceding biennium by more than three times the amount of |
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the reduction. |
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SECTION 2. 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 taxes on motor fuels and lubricants may be |
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used and authorizing the legislature to provide for automatic |
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adjustments of the rates of motor fuels taxes." |