Bill Text: TX HJR2 | 2013 | 83rd Legislature 2nd Special Session | Engrossed
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-Engrossed.html
| By: Pickett, Phillips, Harper-Brown, Darby, | H.J.R. No. 2 | |
| et al. | ||
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| 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. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 49-g(c), (d), (e), and (h), Article | ||
| III, Texas Constitution, are amended 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 an amount equal to the amount by | ||
| which the sum of the amounts allocated under [ |
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| Subsections (d) and (e) of this section for transfer under this | ||
| subsection exceeds the amount to be transferred to the available | ||
| school fund in that fiscal year in accordance with Section 5(h), | ||
| Article VII, of this constitution. 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 allocate for transfer to the | ||
| economic stabilization fund under Subsection (c) of this section an | ||
| amount of general revenue equal to 75 percent of the difference | ||
| between those amounts. [ |
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| 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 allocate for transfer to the | ||
| economic stabilization fund under Subsection (c) of this section an | ||
| amount of general revenue equal to 75 percent of the difference | ||
| between those amounts. [ |
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| of this subsection, the comptroller shall adjust the [ |
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| computation of revenues to reflect only 12 months of collection. | ||
| (h) In preparing an estimate of anticipated revenues for a | ||
| succeeding biennium as required by Article III, Section 49a, of | ||
| this constitution, the comptroller shall estimate the amount of the | ||
| transfers that will be made under Subsections (b) and (c)[ |
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| the estimate of anticipated revenues as if the transfers were made | ||
| on August 31 of that fiscal year. | ||
| SECTION 2. Section 5, Article VII, Texas Constitution, is | ||
| amended by adding Subsections (h) and (i) to read as follows: | ||
| (h) Not later than the 90th day of each fiscal year, the | ||
| comptroller of public accounts shall transfer from general revenue | ||
| to the available school fund an amount equal to 25 percent of the | ||
| net revenue remaining after payment of all refunds allowed by law | ||
| and expenses of collection that is derived in the preceding fiscal | ||
| year from all taxes, except gross production and ad valorem taxes, | ||
| imposed on motor fuels used to propel motor vehicles over public | ||
| roadways at the lesser of: | ||
| (1) the tax rates in effect at the time the taxes are | ||
| imposed; or | ||
| (2) the tax rates in effect on July 1, 2013, if the | ||
| taxes were imposed at those rates. | ||
| (i) In preparing an estimate of anticipated revenues for a | ||
| succeeding biennium as required by Section 49a, Article III, of | ||
| this constitution, the comptroller shall estimate the amount of the | ||
| transfers that will be made under Subsection (h) of this section. | ||
| The comptroller shall deduct that amount from the estimate of | ||
| anticipated revenues as if the transfers were made on August 31 of | ||
| that fiscal year. | ||
| SECTION 3. 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; | ||
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| from the motor fuel tax shall be used for the sole purpose of | ||
| acquiring rights-of-way, constructing, and maintaining such public | ||
| roadways, other than toll roads [ |
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| 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 4. 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 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 amendments to Section 49-g, Article III, and Section | ||
| 5, Article VII, of this constitution take effect immediately on the | ||
| final canvass of the election on the amendments. If, between | ||
| September 1, 2013, and the effective date of the amendments to | ||
| Section 49-g, Article III, and Section 5, Article VII, of this | ||
| constitution, the comptroller of public accounts has transferred | ||
| from general revenue to the economic stabilization fund amounts in | ||
| accordance with Sections 49-g(c), (d), and (e), Article III, as | ||
| those subsections provided at the time of the transfer, as soon as | ||
| practicable after the effective date of the amendments, the | ||
| comptroller shall return the transferred amounts from the economic | ||
| stabilization fund to general revenue and transfer from general | ||
| revenue to the available school fund and the economic stabilization | ||
| fund amounts in accordance with the amended provisions, | ||
| irrespective of whether the transfers for that fiscal year occur | ||
| before, on, or after the 90th day of the fiscal year beginning | ||
| September 1, 2013. | ||
| (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 5. 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 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." | ||
