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A JOINT RESOLUTION
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proposing a constitutional amendment to provide for revenue from |
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motor fuel taxes to be used solely for policing, maintaining, |
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constructing, and acquiring rights-of-way for public roadways and |
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to provide for the transfer of certain general revenue to the |
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available school fund and the economic stabilization fund. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 49-g(c), (d), and (e), Article III, |
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Texas Constitution, are amended to read as follows: |
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(c) Not later than the 90th day of each fiscal year, the |
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comptroller of public accounts shall transfer from general revenue |
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to the economic stabilization fund and to the available school fund |
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the amounts prescribed by Subsections (d) and (e) of this section. |
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However, if necessary, the comptroller shall reduce |
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proportionately the amounts transferred to the economic |
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stabilization fund to prevent the amount in the fund from exceeding |
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the limit in effect for that biennium under Subsection (g) of this |
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section. |
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(d) If in the preceding year the state received from oil |
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production taxes a net amount greater than the net amount of oil |
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production taxes received by the state in the fiscal year ending |
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August 31, 1987, the comptroller shall retain [transfer to the
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economic stabilization fund] an amount equal to 25 [75] percent of |
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the difference between those amounts as general revenue. Of the |
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remaining 75 percent of the difference between those amounts, the |
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[. The] comptroller shall transfer an amount equal to one-half to |
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the economic stabilization fund and transfer an amount equal to |
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one-half to the available school fund [retain the remaining 25
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percent of the difference as general revenue]. In computing the net |
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amount of oil production taxes received, the comptroller may not |
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consider refunds paid as a result of oil overcharge litigation. |
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(e) If in the preceding year the state received from gas |
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production taxes a net amount greater than the net amount of gas |
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production taxes received by the state in the fiscal year ending |
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August 31, 1987, the comptroller shall retain [transfer to the
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economic stabilization fund] an amount equal to 25 [75] percent of |
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the difference between those amounts as general revenue. Of the |
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remaining 75 percent of the difference between those amounts, the |
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[. The] comptroller shall transfer an amount equal to one-half to |
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the economic stabilization fund and transfer an amount equal to |
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one-half to the available school fund [retain the remaining 25
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percent of the difference as general revenue]. For the purposes of |
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this subsection, the comptroller shall adjust the [his] computation |
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of revenues to reflect only 12 months of collection. |
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SECTION 2. Section 7-a, Article VIII, Texas Constitution, |
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is 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, shall be used for the |
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sole purpose of acquiring rights-of-way, constructing, |
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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. Nothing contained 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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SECTION 3. 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 to |
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the constitutional amendment proposed by the 83rd Legislature, 1st |
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Called Session, 2013, to provide for revenue from motor fuel taxes |
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to be used solely for policing, maintaining, constructing, and |
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acquiring rights-of-way for public roadways and to provide for the |
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transfer of certain general revenue to the available school fund |
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and the economic stabilization fund. |
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(b) The amendment to Section 49-g, Article III, of this |
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constitution takes effect January 1, 2014, and applies only to a |
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transfer of revenue made by the comptroller of public accounts as |
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provided by Subsection (d) or (e) of that section on or after |
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January 1, 2014. |
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(c) This temporary provision expires January 1, 2015. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to provide for revenue |
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from motor fuel taxes to be used solely for policing, maintaining, |
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constructing, and acquiring rights-of-way for public roadways and |
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to provide for the transfer of certain general revenue to the |
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available school fund and the economic stabilization fund." |