By: Nichols, et al. S.J.R. No. 5
         (In the Senate - Filed February 4, 2015; February 9, 2015,
  read first time and referred to Committee on Transportation;
  March 2, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 1; March 2, 2015,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.J.R. No. 5 By:  Nichols
 
 
SENATE JOINT RESOLUTION
 
 
  proposing a constitutional amendment dedicating certain revenue
  derived from the tax imposed on the sale, use, or rental of a motor
  vehicle to the state highway fund.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article VIII, Texas Constitution, is amended by
  adding Section 7-c to read as follows:
         Sec. 7-c.  (a)  Subject to Subsection (c) of this section,
  the net revenue derived from the tax authorized by Chapter 152, Tax
  Code, or its successor, and imposed on the sale, use, or rental of a
  motor vehicle that exceeds the first $2.5 billion of that revenue
  coming into the treasury in a state fiscal year shall be deposited
  as follows:
               (1)  the next $2.5 billion of that revenue coming into
  the treasury in that state fiscal year shall be deposited to the
  credit of the state highway fund; and
               (2)  any additional revenue to which this subsection
  applies that comes into the treasury in that state fiscal year shall
  be deposited:
                     (A)  one-half to the credit of the state highway
  fund; and
                     (B)  the remainder to the credit of the general
  revenue fund.
         (b)  Money deposited to the credit of the state highway fund
  under this section may be appropriated only to:
               (1)  construct, maintain, or acquire rights-of-way for
  public roadways other than toll roads; or
               (2)  repay the principal of and interest on general
  obligation bonds issued as authorized by Section 49-p, Article III,
  of this constitution.
         (c)  Revenue described by Subsection (a) of this section
  that, under general law in effect on January 1, 2015, was required
  to be deposited to the credit of a fund outside the general revenue
  fund from which money could be appropriated only for a purpose that
  decreases the rates of, or reduces reliance on, ad valorem taxes
  imposed to fund public schools is not included as part of the first
  $5 billion coming into the treasury for purposes of Subsection (a)
  of this section, and the requirements applicable to the deposit of
  money in excess of $2.5 billion prescribed by Subsection (a) of this
  section do not apply to that revenue to the extent general law
  continues to require the deposit of that revenue as described by
  this subsection and limit the appropriation of that revenue to the
  purpose described by this subsection.
         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 84th Legislature,
  Regular Session, 2015, dedicating certain revenue derived from the
  tax imposed on the sale, use, or rental of a motor vehicle to the
  state highway fund.
         (b)  The changes to Article VIII of this constitution made by
  the amendment take effect September 1, 2017.
         (c)  Beginning with the state fiscal year beginning on
  September 1, 2017, the legislature may not appropriate any revenue
  to which Section 7-c(a)(1) or (2)(A), Article VIII, of this
  constitution applies for any purpose other than a purpose described
  by Section 7-c(b), Article VIII, of this constitution.
         (d)  This temporary provision expires September 1, 2018.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2016.
  The ballot shall be printed to permit voting for or against the
  proposition:  "The constitutional amendment dedicating certain
  revenue derived from the tax imposed on the sale, use, or rental of
  a motor vehicle to the state highway fund."
 
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