83R7690 TJB-F

By: Harless H.J.R. No. 136

A JOINT RESOLUTION

proposing a constitutional amendment limiting the permissible uses of the state highway fund, including further limiting the use of additional tax and fee revenue attributable to changes to certain state taxes and fees, to increase revenue for nontolled public highway purposes.

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

SECTION 1. Section 7-a, Article VIII, Texas Constitution, is amended to read as follows:

Sec. 7-a. (a) Except as provided by Subsections (d) and (e) of this section and subject [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.

(b) For a biennium, the Legislature may not appropriate funds derived from the revenue described by Subsection (a) of this section or Section 7-b of this article for a purpose other than acquiring rights-of-way or planning, designing, 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 planning, designing, constructing, or maintaining public roadways in the preceding biennium; or

(2) the amount determined under Subsection (c) of this section.

(c) For each biennium, the maximum amount that may be appropriated as provided by Subsection (b) of this section is reduced by 20 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.

(d) All net revenue deposited to the credit of the state highway fund, as required by this section or by general law, that is attributable to all or part of the following sources shall be deposited to the credit of a special account in that fund:

(1) the state sales and use tax imposed on motor vehicles by Chapter 152, Tax Code, or its successor;

(2) the taxes imposed on gasoline and diesel fuel used to propel motor vehicles on the public roadways attributable to the portion of the tax rates in excess of 20 cents for each net gallon or fractional part on which the gasoline or diesel fuel tax is imposed;

(3) registration fees imposed on motorcycles and mopeds by Section 502.251, Transportation Code, or its successor, attributable to the portion of the rate of those fees that exceeds the rate in effect on August 31, 2013;

(4) registration fees imposed on vehicles that weigh 6,000 pounds or less by Section 502.252, Transportation Code, or its successor, and other vehicles to which that section applies, attributable to the portion of the rate of those fees that exceeds the rate in effect on August 31, 2013;

(5) registration fees imposed on vehicles that weigh more than 6,000 pounds by Section 502.253, Transportation Code, or its successor, and other vehicles to which that section applies, attributable to the portion of the rates of those fees that exceed the rates in effect on August 31, 2013;

(6) registration fees imposed on trailers, travel trailers, and semitrailers by Section 502.254, Transportation Code, or its successor, attributable to the portion of the rate of those fees that exceeds the rate in effect on August 31, 2013; and

(7) the revenue from any other tax, fee, or charge not previously dedicated to the state highway fund that is dedicated to that fund by an act of the 83rd Legislature, Regular Session, 2013.

(e) Interest earned on the account under Subsection (d) of this section in the state highway fund shall be credited to the account. Revenue allocated to the account and interest on the revenue may be used only for acquiring rights-of-way and planning, designing, constructing, and maintaining nontolled public roadways.

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 permissible uses of the state highway fund, including further limiting the use of additional tax and fee revenue attributable to changes to certain state taxes and fees, to increase revenue for nontolled public highway purposes.

(b) Sections 7-a(b) and (c), Article VIII, of this constitution apply only in connection with a state fiscal biennium that begins on or after September 1, 2015.

(c) Sections 7-a(d) and (e), Article VIII, of this constitution take effect January 1, 2014.

(d) 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 limiting the permissible uses of the state highway fund, including further limiting the use of additional tax and fee revenue attributable to changes to certain state taxes and fees, to increase revenue used for nontolled public highway purposes."