85R1236 JAM-D
	By: Leach	H.J.R. No. 65

	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."