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  81R1429 KLA-D
 
  By: Leibowitz H.J.R. No. 13
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment dedicating certain revenue
  derived from motor fuel taxes to the construction of public
  highways.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7-a, Article VIII, Texas Constitution,
  is amended to read as follows:
         Sec. 7-a. (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;
  [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.
         (b)  Subject to legislative appropriation, allocation, and
  direction:
               (1)  three-fourths of the net revenue that is remaining
  after payment of all refunds allowed by law and expenses of
  collection and that is derived from all taxes, except gross
  production and ad valorem taxes, on motor fuels and lubricants used
  to propel motor vehicles over public highways shall be used for the
  sole purpose of constructing public highways; and
               (2)  one-fourth of that net revenue shall be allocated
  to the available school fund.
         (c) Nothing contained in this section [herein] shall be
  construed as authorizing the pledging of the State's credit for any
  purpose.
         SECTION 2.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 3, 2009.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment dedicating
  three-fourths of the revenue derived from motor fuel taxes to the
  construction of public highways."