Bill Text: TX HJR2 | 2013 | 83rd Legislature 2nd Special Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Proposing a constitutional amendment to provide for revenue from motor fuel taxes to be used solely for constructing, maintaining, and acquiring rights-of-way for certain public roadways and to provide for the transfer of certain general revenue to the economic stabilization fund and the available school fund.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2013-07-29 - Statement(s) of vote recorded in Journal [HJR2 Detail]

Download: Texas-2013-HJR2-Comm_Sub.html

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83S20351 JJT-F
By: Pickett, Phillips, Harper-Brown, et al. H.J.R. No. 2
Substitute the following for H.J.R. No. 2:
By: Pitts C.S.H.J.R. No. 2

A JOINT RESOLUTION
proposing a constitutional amendment to provide for certain revenue
from motor fuel taxes to be used solely for constructing,
maintaining, and acquiring rights-of-way for certain public
roadways and to provide for the transfer of certain general revenue
to the economic stabilization fund and the available school fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49-g, Article III, Texas Constitution,
is amended by amending Subsections (c), (d), and (e) and adding
Subsection (e-1) to read as follows:
(c) Not later than the 90th day of each fiscal year, the
comptroller of public accounts shall transfer from general revenue
to the economic stabilization fund and to the available school fund
the amounts prescribed by Subsections (d) and (e) of this section.
However, if necessary, the comptroller shall reduce
proportionately the amounts to be transferred to the economic
stabilization fund to prevent the amount in the fund from exceeding
the limit in effect for that biennium under Subsection (g) of this
section.
(d) If in the preceding year the state received from oil
production taxes a net amount greater than the net amount of oil
production taxes received by the state in the fiscal year ending
August 31, 1987, the comptroller shall retain [transfer to the
economic stabilization fund] an amount equal to 25 [75] percent of
the difference between those amounts as general revenue. The
comptroller shall transfer the remaining 75 percent of the
difference between those amounts to the economic stabilization fund
and the available school fund, as allocated in accordance with
Subsection (e-1) of this section [retain the remaining 25 percent
of the difference as general revenue]. In computing the net amount
of oil production taxes received, the comptroller may not consider
refunds paid as a result of oil overcharge litigation.
(e) If in the preceding year the state received from gas
production taxes a net amount greater than the net amount of gas
production taxes received by the state in the fiscal year ending
August 31, 1987, the comptroller shall retain [transfer to the
economic stabilization fund] an amount equal to 25 [75] percent of
the difference between those amounts as general revenue. The
comptroller shall transfer the remaining 75 percent of the
difference between those amounts to the economic stabilization fund
and the available school fund, as allocated in accordance with
Subsection (e-1) of this section [retain the remaining 25 percent
of the difference as general revenue]. For the purposes of this
subsection, the comptroller shall adjust the [his] computation of
revenues to reflect only 12 months of collection.
(e-1) Of the sum of the amounts to be transferred to the
economic stabilization fund and the available school fund under
Subsections (d) and (e) of this section, the comptroller shall
transfer:
(1) to the available school fund an amount equal to the
lesser of:
(A) 25 percent of the net revenue derived in the
preceding year from all taxes, except gross production and ad
valorem taxes, imposed on motor fuels used to propel motor vehicles
over public roadways that remains after payment of all refunds
allowed by law and expenses of collection; or
(B) the total of the sum of the amounts to be
transferred under Subsections (d) and (e) of this section; and
(2) any remainder to the economic stabilization fund,
subject to any reduction required by Subsection (c) of this
section.
SECTION 2. Section 7-a, Article VIII, Texas Constitution,
is 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 acquiring rights-of-way, constructing,
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 may be used for the sole purpose of
acquiring rights-of-way, constructing, and maintaining such public
roadways, other than toll roads [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.
SECTION 3. 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,
2nd Called Session, 2013, to provide for certain revenue from motor
fuel taxes to be used solely for constructing, maintaining, and
acquiring rights-of-way for certain public roadways and to provide
for the transfer of certain general revenue to the economic
stabilization fund and the available school fund.
(b) The amendment to Section 49-g, Article III, of this
constitution takes effect immediately on the final canvass of the
election on the amendment. If, between September 1, 2013, and the
effective date of the amendment to Section 49-g, Article III, of
this constitution, the comptroller of public accounts has
transferred from general revenue to the economic stabilization fund
amounts in accordance with Subsections (c), (d), and (e) of that
section as those subsections provided at the time of the transfer,
as soon as practicable after the effective date of the amendment the
comptroller shall transfer from the economic stabilization fund to
the available school fund an amount as described by Subsection
(e-1) of that section.
(c) The amendment to Section 7-a, Article VIII, of this
constitution takes effect January 1, 2014, and applies only to the
collection and allocation of tax revenue derived from tax liability
accruing on and after that date.
(d) This temporary provision expires January 1, 2015.
SECTION 4. 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 to provide for certain
revenue from motor fuel taxes to be used solely for constructing,
maintaining, and acquiring rights-of-way for certain public
roadways and to provide for the transfer of certain general revenue
to the economic stabilization fund and the available school fund."