Article VIII, Section 7-a of the Texas Constitution

From TLG
Revision as of 14:59, September 10, 2020 by imported>Admin (3 revisions imported: transfer to 1.34.1)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search

Added November 5, 1946:

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. Nothing contained herein shall be construed as authorizing the pledging of the State's credit for any purpose.

Editor Comments

None.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • State v. City of Austin, 331 S.W.2d 737, 746 (Tex. 1960) ("Petitioner argues that utility relocation expense is not part of the cost of highway construction within the meaning of this provision. The courts of other jurisdictions . . . . It seems to us that the latter conclusion is sound in principle and supported by the better reasoning. Article VIII, Section 7-a, does not define or restrict the meaning of 'constructing' in any way. The term obviously does not embrace merely the clearing and grading of the roadbed and the pouring of concrete, but includes 'everything appropriately connected with, and necessarily incidental to, the complete accomplishment' of the general purpose for which the fund exists.")

Library Resources

Online Resources