83S10119 JAM-F

By: Phillips H.J.R. No. 10

A JOINT RESOLUTION

proposing a constitutional amendment to limit the purposes for which revenue from motor vehicle registration fees, taxes on motor fuels and lubricants and motor vehicle tires and parts, and certain revenues received from the federal government may be used.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 7-a and 7-b, Article VIII, Texas Constitution, are 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 from taxes on new and used motor vehicle tires and new and used motor vehicle parts [, 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, for constructing and[,] 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.

(b) Subject to legislative appropriation, allocation, and direction, of the net revenue that is remaining after payment of all refunds allowed by law and expenses of collection and that is derived from all taxes, except gross production and ad valorem taxes, on motor fuels and lubricants used to propel motor vehicles over public highways:

(1) three-fourths shall be used for the sole purpose of constructing and maintaining public highways; and

(2) one-fourth shall be allocated to the available school fund.

(c) Nothing contained in this section [herein] shall be construed as authorizing the pledging of the State's credit for any purpose.

(d) For a biennium, the Legislature may not appropriate funds derived from the revenue described by Subsection (a) or (b) 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 (e) of this section.

(e) For each biennium, the maximum amount that may be appropriated as provided by Subsection (b) of this section is reduced by 25 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.

Sec. 7-b. All revenues received from the federal government as reimbursement for state expenditures of funds that are themselves dedicated for acquiring rights-of-way and constructing and[,] maintaining[, and policing] public roadways are also constitutionally dedicated and shall be used only for those purposes.

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 83rd Legislature, 1st Called Session, 2013, to limit the purposes for which revenues from motor vehicle registration fees, taxes on motor fuels and lubricants and motor vehicle tires and parts, and certain revenues received from the federal government may be used.

(b) The changes to Sections 7-a and 7-b, 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, 2015.

(c) This temporary provision expires September 2, 2015.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2013. 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 motor vehicle tires and parts, and certain revenues received from the federal government may be used."