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proposing a constitutional amendment dedicating a portion of the |
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revenue derived from the state sales and use tax and the tax imposed |
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on the sale, use, or rental of a motor vehicle to the state highway |
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fund. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article VIII, Texas Constitution, is amended by |
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adding Section 7-c to read as follows: |
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Sec. 7-c. (a) Subject to Subsections (d) and (e) of this |
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section, in each state fiscal year, the comptroller of public |
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accounts shall deposit to the credit of the state highway fund $2.5 |
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billion of the net revenue derived from the imposition of the state |
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sales and use tax on the sale, storage, use, or other consumption in |
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this state of taxable items under Chapter 151, Tax Code, or its |
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successor, that exceeds the first $28 billion of that revenue |
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coming into the treasury in that state fiscal year. |
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(b) Subject to Subsections (d) and (e) of this section, in |
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each state fiscal year, the comptroller of public accounts shall |
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deposit to the credit of the state highway fund an amount equal to |
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35 percent of the net revenue derived from the tax authorized by |
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Chapter 152, Tax Code, or its successor, and imposed on the sale, |
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use, or rental of a motor vehicle that exceeds the first $5 billion |
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of that revenue coming into the treasury in that state fiscal year. |
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(c) Money deposited to the credit of the state highway fund |
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under this section may be appropriated only to: |
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(1) construct, maintain, or acquire rights-of-way for |
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public roadways other than toll roads; or |
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(2) repay the principal of and interest on general |
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obligation bonds issued as authorized by Section 49-p, Article III, |
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of this constitution. |
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(d) The legislature by adoption of a resolution approved by |
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a record vote of two-thirds of the members of each house of the |
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legislature may direct the comptroller of public accounts to reduce |
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the amount of money deposited to the credit of the state highway |
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fund under Subsection (a) or (b) of this section. The comptroller |
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may be directed to make that reduction only: |
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(1) in the state fiscal year in which the resolution is |
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adopted, or in either of the following two state fiscal years; and |
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(2) by an amount or percentage that does not result in |
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a reduction of more than 50 percent of the amount that would |
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otherwise be deposited to the fund in the affected state fiscal year |
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under the applicable subsection of this section. |
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(e) Subject to Subsection (f) of this section, the duty of |
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the comptroller of public accounts to make a deposit under this |
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section expires: |
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(1) August 31, 2032, for a deposit required by |
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Subsection (a) of this section; and |
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(2) August 31, 2029, for a deposit required by |
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Subsection (b) of this section. |
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(f) The legislature by adoption of a resolution approved by |
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a record vote of a majority of the members of each house of the |
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legislature may extend, in 10-year increments, the duty of the |
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comptroller of public accounts to make a deposit under Subsection |
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(a) or (b) of this section beyond the applicable date prescribed by |
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Subsection (e) of this section. |
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SECTION 2. 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 84th Legislature, |
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Regular Session, 2015, dedicating a portion of the revenue derived |
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from the state sales and use tax and the tax imposed on the sale, |
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use, or rental of a motor vehicle to the state highway fund. |
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(b) Section 7-c(a), Article VIII, of this constitution |
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takes effect September 1, 2017. |
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(c) Section 7-c(b), Article VIII, of this constitution |
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takes effect September 1, 2019. |
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(d) Beginning on the dates prescribed by Subsections (b) and |
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(c) of this section, the legislature may not appropriate any |
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revenue to which Section 7-c(a) or (b), Article VIII, of this |
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constitution applies that is deposited to the credit of the state |
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highway fund for any purpose other than a purpose described by |
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Section 7-c(c), Article VIII, of this constitution. |
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(e) This temporary provision expires September 1, 2020. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2015. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment dedicating certain |
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sales and use tax revenue and motor vehicle sales, use, and rental |
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tax revenue to the state highway fund to provide funding for |
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nontolled roads and the reduction of certain |
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transportation-related debt." |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.J.R. No. 5 passed the Senate on |
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March 4, 2015, by the following vote: Yeas 28, Nays 2; |
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May 4, 2015, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 6, 2015, House |
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granted request of the Senate; May 29, 2015, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.J.R. No. 5 passed the House, with |
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amendments, on April 30, 2015, by the following vote: Yeas 138, |
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Nays 3, one present not voting; May 6, 2015, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 30, 2015, House adopted Conference Committee Report by the |
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following vote: Yeas 142, Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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