83R10306 JAM-F
 
  By: Phillips H.J.R. No. 108
 
 
 
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,
  Regular 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."