By: Nichols, et al. S.J.R. No. 1
 
  (Pickett, Phillips, Harper-Brown, Darby)
 
   
 
 
 
  proposing a constitutional amendment to provide for the transfer of
  certain general revenue to the economic stabilization fund and to
  the state highway fund and for the dedication of the revenue
  transferred to the state highway 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
  Subsections (c-1) and (c-2) to read as follows:
         (c)  Not later than the 90th day of each fiscal year, the
  comptroller of public accounts shall transfer from the general
  revenue fund to the economic stabilization fund and the state
  highway fund the sum of the amounts described [prescribed] by
  Subsections (d) and (e) of this section, to be allocated as provided
  by Subsections (c-1) and (c-2) of this section. However, if
  necessary and notwithstanding the allocations prescribed by
  Subsections (c-1) and (c-2) of this section, the comptroller shall
  reduce proportionately the amounts described by Subsections (d) and
  (e) of this section to be transferred and allocated to the economic
  stabilization fund to prevent the amount in that [the] fund from
  exceeding the limit in effect for that biennium under Subsection
  (g) of this section. Revenue transferred to the state highway fund
  under this subsection may be used only for constructing,
  maintaining, and acquiring rights-of-way for public roadways other
  than toll roads.
         (c-1)  Of the sum of the amounts described by Subsections (d)
  and (e) of this section and required to be transferred from the
  general revenue fund under Subsection (c) of this section, the
  comptroller shall allocate one-half to the economic stabilization
  fund and the remainder to the state highway fund, except as provided
  by Subsection (c-2) of this section.
         (c-2)  The legislature by general law shall provide for a
  procedure by which the allocation of the sum of the amounts
  described by Subsections (d) and (e) of this section may be adjusted
  to provide for a transfer to the economic stabilization fund of an
  amount greater than the allocation provided for under Subsection
  (c-1) of this section with the remainder of that sum, if any,
  allocated for transfer to the state highway fund. The allocation
  made as provided by that general law is binding on the comptroller
  for the purposes of the transfers required by Subsection (c) 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 transfer under Subsection
  (c) of this section and allocate in accordance with Subsections
  (c-1) and (c-2) of this section [to the economic stabilization
  fund] an amount equal to 75 percent of the difference between those
  amounts. The comptroller shall 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 transfer under Subsection
  (c) of this section and allocate in accordance with Subsections
  (c-1) and (c-2) of this section [to the economic stabilization
  fund] an amount equal to 75 percent of the difference between those
  amounts. The comptroller shall 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.
         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 83rd Legislature,
  3rd Called Session, 2013, to provide for the transfer of certain
  general revenue to the economic stabilization fund and to the state
  highway fund and for the dedication of the revenue transferred to
  the state highway 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, 2014, and the
  effective date of that constitutional amendment, 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 existed at
  the time of the transfer, as soon as practicable after the effective
  date of the amendment, the comptroller shall return the transferred
  amounts from the economic stabilization fund to general revenue and
  transfer from general revenue to the economic stabilization fund
  and the state highway fund amounts in accordance with the amended
  provisions and in accordance with general law, notwithstanding the
  requirement of Subsection (c) of that section that the transfers
  for that fiscal year be made before the 90th day of the fiscal year
  beginning September 1, 2014.
         (c)  This temporary provision expires January 1, 2017.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 4, 2014.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment providing for the use
  and dedication of certain money transferred to the state highway
  fund to assist in the completion of transportation construction,
  maintenance, and rehabilitation projects, not to include toll
  roads."