Bill Text: TX SJR5 | 2015-2016 | 84th Legislature | Enrolled

Texas Senate Joint Resolution 5 (Prior Session Legislation)

Bill Title: Proposing a constitutional amendment dedicating a portion of the revenue derived from the state sales and use tax and the tax imposed on the sale, use, or rental of a motor vehicle to the state highway fund.

Spectrum: Slight Partisan Bill (Republican 33-14)

Status: (Enrolled - Dead) 2015-06-01 - Filed with the Secretary of State [SJR5 Detail]

Download: Texas-2015-SJR5-Enrolled.html



	S.J.R. No. 5




	proposing a constitutional amendment dedicating a portion of the
	revenue derived from the state sales and use tax and 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 Subsections (d) and (e) of this
	section, in each state fiscal year, the comptroller of public
	accounts shall deposit to the credit of the state highway fund $2.5
	billion of the net revenue derived from the imposition of the state
	sales and use tax on the sale, storage, use, or other consumption in
	this state of taxable items under Chapter 151, Tax Code, or its
	successor, that exceeds the first $28 billion of that revenue
	coming into the treasury in that state fiscal year.
	(b) Subject to Subsections (d) and (e) of this section, in
	each state fiscal year, the comptroller of public accounts shall
	deposit to the credit of the state highway fund an amount equal to
	35 percent of 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 $5 billion
	of that revenue coming into the treasury in that state fiscal year.
	(c) 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.
	(d) The legislature by adoption of a resolution approved by
	a record vote of two-thirds of the members of each house of the
	legislature may direct the comptroller of public accounts to reduce
	the amount of money deposited to the credit of the state highway
	fund under Subsection (a) or (b) of this section. The comptroller
	may be directed to make that reduction only:
	(1) in the state fiscal year in which the resolution is
	adopted, or in either of the following two state fiscal years; and
	(2) by an amount or percentage that does not result in
	a reduction of more than 50 percent of the amount that would
	otherwise be deposited to the fund in the affected state fiscal year
	under the applicable subsection of this section.
	(e) Subject to Subsection (f) of this section, the duty of
	the comptroller of public accounts to make a deposit under this
	section expires:
	(1) August 31, 2032, for a deposit required by
	Subsection (a) of this section; and
	(2) August 31, 2029, for a deposit required by
	Subsection (b) of this section.
	(f) The legislature by adoption of a resolution approved by
	a record vote of a majority of the members of each house of the
	legislature may extend, in 10-year increments, the duty of the
	comptroller of public accounts to make a deposit under Subsection
	(a) or (b) of this section beyond the applicable date prescribed by
	Subsection (e) of this section.
	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 a portion of the revenue derived
	from the state sales and use tax and the tax imposed on the sale,
	use, or rental of a motor vehicle to the state highway fund.
	(b) Section 7-c(a), Article VIII, of this constitution
	takes effect September 1, 2017.
	(c) Section 7-c(b), Article VIII, of this constitution
	takes effect September 1, 2019.
	(d) Beginning on the dates prescribed by Subsections (b) and
	(c) of this section, the legislature may not appropriate any
	revenue to which Section 7-c(a) or (b), Article VIII, of this
	constitution applies that is deposited to the credit of the state
	highway fund for any purpose other than a purpose described by
	Section 7-c(c), Article VIII, of this constitution.
	(e) This temporary provision expires September 1, 2020.
	SECTION 3. This proposed constitutional amendment shall be
	submitted to the voters at an election to be held November 3, 2015.
	The ballot shall be printed to permit voting for or against the
	proposition: "The constitutional amendment dedicating certain
	sales and use tax revenue and motor vehicle sales, use, and rental
	tax revenue to the state highway fund to provide funding for
	nontolled roads and the reduction of certain
	transportation-related debt."





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.J.R. No. 5 passed the Senate on
	March 4, 2015, by the following vote: Yeas 28, Nays 2;
	May 4, 2015, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 6, 2015, House
	granted request of the Senate; May 29, 2015, Senate adopted
	Conference Committee Report by the following vote: Yeas 31,
	Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.J.R. No. 5 passed the House, with
	amendments, on April 30, 2015, by the following vote: Yeas 138,
	Nays 3, one present not voting; May 6, 2015, House granted request
	of the Senate for appointment of Conference Committee;
	May 30, 2015, House adopted Conference Committee Report by the
	following vote: Yeas 142, Nays 1, one present not voting.


	______________________________
	Chief Clerk of the House