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A JOINT RESOLUTION
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proposing a constitutional amendment to prohibit using voluntarily |
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paid additional fees and surcharges that are dedicated by law for |
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nondedicated general governmental purposes and to prohibit using |
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that money for certification of appropriations for nondedicated |
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purposes or entities. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49a, Article III, Texas Constitution, is |
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amended by adding Subsection (c) to read as follows: |
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(c) In making the determinations necessary for the |
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Comptroller of Public Accounts to endorse the certificate under |
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Subsection (b) of this section, the Comptroller may not consider |
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any portion of any revenue of or money received by this state, or |
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any account or fund balance accrued from revenue or money, that was |
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received from voluntarily paid additional fees or surcharges and |
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that by law has been dedicated to a particular purpose or entity, as |
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available for the purpose of certifying that the amount of |
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appropriations for any other purpose or entity is within the amount |
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estimated to be available in the affected funds. The legislature |
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may not by general law make an unappropriated balance of a dedicated |
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account or fund described by this subsection available for general |
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governmental purposes or certification except by expressly |
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repealing the dedication. For purposes of this subsection: |
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(1) the Comptroller shall identify the revenue, money, |
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and account and fund balances to which this subsection applies, |
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subject to Subdivisions (2) and (3) of this subsection; |
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(2) a fee paid for a regulatory purpose or to receive a |
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direct personal benefit is not considered to be a voluntarily paid |
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additional fee or surcharge; and |
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(3) a fee or surcharge voluntarily paid in addition to |
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a payment described by Subdivision (1) of this subsection, such as |
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an additional dedicated fee paid in connection with registration of |
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a motor vehicle to receive certain specialty license plates, is |
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considered to be a voluntarily paid additional fee or surcharge. |
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SECTION 2. Article VIII, Texas Constitution, is amended by |
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adding Section 31 to read as follows: |
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Sec. 31. Revenue of or money received by this state from one |
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or more particular sources or held in or deposited to an identified |
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account or fund inside or outside the state treasury that was |
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received from voluntarily paid additional fees or surcharges and |
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the appropriation or expenditure of which at the time the revenue is |
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collected or the money is received by the state is dedicated by |
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general law to one or more particular purposes or for one or more |
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particular entities may not be appropriated or expended for any |
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purpose, or to or by any entity, other than a purpose or entity to |
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which the revenue or money is dedicated unless the legislature |
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expressly repeals the dedication. For purposes of this subsection: |
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(1) the Comptroller shall identify the revenue, money, |
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and account and fund balances to which this subsection applies, |
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subject to Subdivisions (2) and (3) of this subsection; |
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(2) a fee paid for a regulatory purpose or to receive a |
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direct personal benefit is not considered to be a voluntarily paid |
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additional fee or surcharge; and |
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(3) a fee or surcharge voluntarily paid in addition to |
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a payment described by Subdivision (1) of this subsection, such as |
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an additional dedicated fee paid in connection with registration of |
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a motor vehicle to receive certain specialty license plates, is |
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considered to be a voluntarily paid additional fee or surcharge. |
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SECTION 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 83rd Legislature, |
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Regular Session, 2013, to prohibit using voluntarily paid |
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additional fees and surcharges that are dedicated by law for |
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nondedicated general governmental purposes and to prohibit using |
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that money for certification of appropriations for nondedicated |
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purposes or entities. |
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(b) Section 49a(c), Article III, of this constitution takes |
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effect January 1, 2015, and applies only to the certification of an |
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appropriation authorized for all or part of a state fiscal year |
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beginning on or after September 1, 2015. |
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(c) Section 31, Article VIII, of this constitution takes |
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effect September 1, 2015, and applies only to appropriations |
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authorized for all or part of, or expenditures during, a state |
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fiscal year beginning on or after that date. |
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(d) This temporary provision expires January 1, 2016. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to end fee and other |
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revenue diversions by prohibiting using voluntarily paid |
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additional fees and surcharges dedicated by law for nondedicated |
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purposes or entities and to prohibit using that money to certify |
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appropriations for nondedicated purposes or entities." |