85R1236 JAM-D
 
  By: Huffines S.J.R. No. 35
 
 
 
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."