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."