83R10770 JAM-D
 
  By: Lucio S.J.R. No. 46
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment prescribing the purposes for
  which revenue from motor vehicle registration fees, certain motor
  vehicle-related taxes, 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.  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 and on new and used
  motor vehicle tires, new and used motor vehicle parts, and new
  automotive accessories, shall be used for the sole purpose of
  acquiring rights-of-way and [,] 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. Nothing contained herein shall be construed as
  authorizing the pledging of the State's credit for any purpose.
         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, prescribing the purposes for which revenue
  from motor vehicle registration fees, taxes on motor fuels and
  lubricants, motor vehicle tires and parts, and automotive
  accessories, and certain revenues received from the federal
  government may be used.
         (b)  The amendments to Sections 7-a and 7-b, Article VIII, of
  this constitution apply only in connection with a state fiscal
  biennium that begins on or after September 1, 2019.
         (c)  Beginning in the state fiscal year that begins on
  September 1, 2019, and subject to Subsection (e) of this temporary
  provision, the legislature may not appropriate any revenue
  described by Section 7-a, Article VIII, of this constitution, and
  the state agency responsible for the construction and maintenance
  of state highways may not allocate any revenue described by that
  section that is appropriated to the state agency, for any purpose
  other than acquiring rights-of-way and constructing and
  maintaining public roadways.
         (d)  Beginning in each state fiscal year that begins on or
  after September 1, 2015, and subject to Subsection (e) of this
  temporary provision, the legislature shall proportionally decrease
  the amount of revenue described by Section 7-a, Article VIII, of
  this constitution that is appropriated for any purpose other than
  acquiring rights-of-way and constructing and maintaining public
  roadways, as necessary to comply with Subsection (c) of this
  temporary provision beginning September 1, 2019. The state agency
  responsible for the construction and maintenance of state highways
  shall ensure that any revenue described by Section 7-a, Article
  VIII, of this constitution that is appropriated to the agency is
  allocated in a manner that reflects that proportional decrease.
         (e)  This temporary provision does not affect:
               (1)  the allocation of revenue to the available school
  fund or the allocation to counties of motor vehicle registration
  fees under Section 7-a, Article VIII, of this constitution; or
               (2)  the use of revenue described by Section 7-a or 7-b,
  Article VIII, of this constitution for a purpose specifically
  authorized by another provision of this constitution.
         (f)  This temporary provision expires September 1, 2020.
         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 prescribing the
  purposes for which revenue from motor vehicle registration fees,
  taxes on motor fuels and lubricants, motor vehicle tires and parts,
  and automotive accessories, and certain revenues received from the
  federal government may be used."