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CONCURRENT RESOLUTION
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WHEREAS, In the 2015 election, 83 percent of Texas voters |
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approved Proposition 7, a state constitutional amendment directing |
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the allocation of a modest portion of sales tax revenue to the state |
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highway fund for much-needed roadwork; and |
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WHEREAS, Senate Bill 1 employs an accounting procedure that |
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delays the prescribed diversion of $2.5 billion for highway funding |
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from the 2019 fiscal year to the following budget cycle; this |
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effectively double counts $2.5 billion, which will appear on the |
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books of both the state's general fund and the highway fund during |
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2019; and |
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WHEREAS, In addition to counting the same money twice, this |
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tactic ignores Section 7-c, Article VIII, of the Texas |
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Constitution, which requires the state comptroller to shift |
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designated revenues to the state highway fund from the general |
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revenue fund in the same fiscal year in which that revenue is |
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collected; and |
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WHEREAS, Failure to allocate the designated revenues to the |
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highway fund in the correct year would contravene both the Texas |
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Constitution and the clearly expressed desire of an overwhelming |
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percentage of Texas voters; now, therefore, be it |
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RESOLVED, That the 85th Legislature of the State of Texas |
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hereby find that the diversion of sales tax funds from general |
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revenue to the state highway fund was approved by Texas voters in |
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2015 and is required under Section 7-c, Article VIII, of the Texas |
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Constitution; and, be it further |
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RESOLVED, That the Texas Legislature affirm that a delay of |
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this transfer from one fiscal year to another is unconstitutional. |