83S10177 JJT-F
 
  By: Pickett H.J.R. No. 16
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment to provide for revenue from
  motor fuel taxes to be used solely for policing, maintaining,
  constructing, and acquiring rights-of-way for public roadways and
  to provide for the transfer of certain general revenue to the
  available school fund and the economic stabilization fund.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 49-g(c), (d), and (e), Article III,
  Texas Constitution, are amended to read as follows:
         (c)  Not later than the 90th day of each fiscal year, the
  comptroller of public accounts shall transfer from general revenue
  to the economic stabilization fund and to the available school fund
  the amounts prescribed by Subsections (d) and (e) of this section.
  However, if necessary, the comptroller shall reduce
  proportionately the amounts transferred to the economic
  stabilization fund to prevent the amount in the fund from exceeding
  the limit in effect for that biennium under Subsection (g) of this
  section.
         (d)  If in the preceding year the state received from oil
  production taxes a net amount greater than the net amount of oil
  production taxes received by the state in the fiscal year ending
  August 31, 1987, the comptroller shall retain [transfer to the
  economic stabilization fund] an amount equal to 25 [75] percent of
  the difference between those amounts as general revenue. Of the
  remaining 75 percent of the difference between those amounts, the
  [. The] comptroller shall transfer an amount equal to one-half to
  the economic stabilization fund and transfer an amount equal to
  one-half to the available school fund [retain the remaining 25
  percent of the difference as general revenue]. In computing the net
  amount of oil production taxes received, the comptroller may not
  consider refunds paid as a result of oil overcharge litigation.
         (e)  If in the preceding year the state received from gas
  production taxes a net amount greater than the net amount of gas
  production taxes received by the state in the fiscal year ending
  August 31, 1987, the comptroller shall retain [transfer to the
  economic stabilization fund] an amount equal to 25 [75] percent of
  the difference between those amounts as general revenue. Of the
  remaining 75 percent of the difference between those amounts, the
  [. The] comptroller shall transfer an amount equal to one-half to
  the economic stabilization fund and transfer an amount equal to
  one-half to the available school fund [retain the remaining 25
  percent of the difference as general revenue]. For the purposes of
  this subsection, the comptroller shall adjust the [his] computation
  of revenues to reflect only 12 months of collection.
         SECTION 2.  Section 7-a, Article VIII, Texas Constitution,
  is amended to read as follows:
         Sec. 7-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.
         SECTION 3.  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 provide for revenue from motor fuel taxes
  to be used solely for policing, maintaining, constructing, and
  acquiring rights-of-way for public roadways and to provide for the
  transfer of certain general revenue to the available school fund
  and the economic stabilization fund.
         (b)  The amendment to Section 49-g, Article III, of this
  constitution takes effect January 1, 2014, and applies only to a
  transfer of revenue made by the comptroller of public accounts as
  provided by Subsection (d) or (e) of that section on or after
  January 1, 2014.
         (c)  This temporary provision expires January 1, 2015.
         SECTION 4.  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 provide for revenue
  from motor fuel taxes to be used solely for policing, maintaining,
  constructing, and acquiring rights-of-way for public roadways and
  to provide for the transfer of certain general revenue to the
  available school fund and the economic stabilization fund."