85R1236 JAM-D

By: Huffines S.J.R. No. 35

A JOINT RESOLUTION

proposing a constitutional amendment prohibiting the issuance of certain debt and the use of certain revenue for toll roads.

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

SECTION 1. Section 49-m(a), Article III, Texas Constitution, is amended to read as follows:

(a) The legislature, by law, may authorize the Texas Transportation Commission or its successor to authorize the Texas Department of Transportation or its successor to issue notes or borrow money from any source to carry out the functions of the department other than department functions related to toll roads.

SECTION 2. Section 49-n(a), Article III, Texas Constitution, as proposed by H.J.R. 28, 78th Legislature, Regular Session, 2003, is amended to read as follows:

(a) To fund highway improvement projects, other than toll roads, the legislature may authorize the Texas Transportation Commission or its successor to issue bonds and other public securities and enter into bond enhancement agreements that are payable from revenue deposited to the credit of the state highway fund.

SECTION 3. Section 49-p(a), Article III, Texas Constitution, is amended to read as follows:

(a) To provide funding for highway improvement projects, other than toll roads, the legislature by general law may authorize the Texas Transportation Commission or its successor to issue general obligation bonds of the State of Texas in an aggregate amount not to exceed $5 billion and enter into related credit agreements. The bonds shall be executed in the form, on the terms, and in the denominations, bear interest, and be issued in installments as prescribed by the Texas Transportation Commission or its successor.

SECTION 4. 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, shall be used for the sole purpose of policing public roadways and for acquiring rights-of-way for and [,] constructing and [,] maintaining[, and policing such] public roadways, other than toll roads, 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 policing public roadways and for acquiring rights-of-way for and constructing and[,] maintaining[, and policing] public roadways, other than toll roads, are also constitutionally dedicated and shall be used only for those purposes.

SECTION 5. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 85th Legislature, Regular Session, 2017, prohibiting the issuance of certain debt and the use of certain revenue for toll roads.

(b) The amendments to Sections 49-m, 49-n, and 49-p, Article III, and 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) This temporary provision expires September 2, 2019.

SECTION 6. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2017. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment prohibiting the issuance of certain debt and the use of certain revenue for toll roads."