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A JOINT RESOLUTION
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proposing a constitutional amendment to limit the purposes for |
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which revenue from motor vehicle registration fees, taxes on motor |
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fuels and lubricants and motor vehicle tires and parts, and certain |
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revenues received from the federal government may be used. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 7-a and 7-b, Article VIII, Texas |
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Constitution, are amended 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 from taxes on new and used |
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motor vehicle tires and new and used motor vehicle parts [, and all
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taxes, except gross production and ad valorem taxes, on motor fuels
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and lubricants used to propel motor vehicles over public roadways,] |
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shall be used for the sole purpose of acquiring rights-of-way, for |
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constructing and[,] maintaining[, and policing such] public |
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roadways, and for the administration of such laws as may be |
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prescribed by the Legislature pertaining to the supervision of |
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traffic and safety on such roads; [and for the payment of the
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principal and interest on county and road district bonds or
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warrants voted or issued prior to January 2, 1939, and declared
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eligible prior to January 2, 1945, for payment out of the County and
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Road District Highway Fund under existing law; provided, however,
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that one-fourth (1/4) of such net revenue from the motor fuel tax
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shall be allocated to the Available School Fund; and,] provided, |
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however, that the net revenue derived by counties from motor |
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vehicle registration fees shall never be less than the maximum |
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amounts allowed to be retained by each County and the percentage |
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allowed to be retained by each County under the laws in effect on |
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January 1, 1945. |
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(b) Subject to legislative appropriation, allocation, and |
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direction, of the net revenue that is remaining after payment of all |
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refunds allowed by law and expenses of collection and that is |
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derived from all taxes, except gross production and ad valorem |
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taxes, on motor fuels and lubricants used to propel motor vehicles |
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over public highways: |
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(1) three-fourths shall be used for the sole purpose |
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of constructing and maintaining public highways; and |
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(2) one-fourth shall be allocated to the available |
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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) or (b) of |
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this section or Section 7-b of this article for a purpose other than |
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acquiring rights-of-way or constructing or maintaining public |
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roadways in an amount that exceeds the lesser 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 (e) 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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Sec. 7-b. All revenues received from the federal government |
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as reimbursement for state expenditures of funds that are |
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themselves dedicated for acquiring rights-of-way and constructing |
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and[,] maintaining[, and policing] public roadways are also |
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constitutionally dedicated and shall be used only for those |
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purposes. |
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SECTION 2. 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 |
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to the constitutional amendment proposed by the 83rd Legislature, |
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Regular Session, 2013, to limit the purposes for which revenues |
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from motor vehicle registration fees, taxes on motor fuels and |
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lubricants and motor vehicle tires and parts, and certain revenues |
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received from the federal government may be used. |
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(b) The changes to Sections 7-a and 7-b, Article VIII, of |
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this constitution made by the amendment apply only in connection |
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with a state fiscal biennium that begins on or after September 1, |
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2015. |
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(c) This temporary provision expires September 2, 2015. |
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SECTION 3. 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 limit the purposes |
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for which revenues from motor vehicle registration fees, taxes on |
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motor fuels and lubricants and motor vehicle tires and parts, and |
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certain revenues received from the federal government may be used." |