BIKE: Envision Central Texas is being killed by CTRMA scam

[David Dobbs]

At 23:38 -0500 4/15/04, rcbaker wrote:
>One reason why the TxDOT bureaucracy is
>unable to shift to alternatives is because the Texas Constitution 
>mandates that
>the gas tax can only be used for roads and their upkeep.


A slight correction here for the record.  The Texas Constitution 
allocates motor fuel taxes and motor registration fees 75 percent to 
roads and 25 percent to the "Available School Fund."

Essentially, Roger is correct in that the vast majority of TxDOT 
money comes from these dedicated funds and a very small amount comes 
from the general fund as adopted by the Texas Legislature every two 
years.  In 1987 some folks in the Ledge thought perhaps federal funds 
coming back to the state for completed road projects eligible for 
federal funds might be available for something besides roads, but the 
lobby closed any possible loophole by bulldozing through a 
constitutional amendment that former Highway Commission Chair (and 
Houston Mayor 1991-1998) Bob Lanier lobbied vigorously for and voters 
overwhelmingly approved in November 1988.

The bottom line is that TxDOT remains defacto "The Highway Department."

The so called "good roads amendment" (circa 1946)  reinforced by the 
1988  "good roads amendment" of the Texas Constitution reads as 
follows:


Texas Constitution Article VIII

      Section 7-a. NET MOTOR LICENSE FEES AND MOTOR FUEL TAX REVENUES 
RESTRICTED EXCEPT ONE FOURTH OF FUEL TAXES TO SCHOOLS, TO HIGHWAY 
IMPROVEMENT POLICING AND ADMINISTRATION --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 11 1945. Nothing contained herein shall be 
construed as authorizing the pledging of the State's credit for any 
purpose.
_________
      [Note -Section 7-a of Art. VIII Is an amendment restricting 
revenues from motor vehicle registration and motor fuel taxes to the 
stated purposes of highway improvement, policing and administration. 
Submitted by the Forty-ninth Legislature (1945), ratified in an 
election Nov. 5, 1946.]
_________
      Section 7-b. All revenues received from the federal government 
as reimbursement for state expenditures of funds that are themselves 
dedicated for acquiring rights-of-way and constructing, maintaining, 
and policing public roadways are also constitutionally dedicated and 
shall be used only for those purposes.
_________
      [Note -Section 7-b of Art. VIII, an amendment, provides for the 
dedication of certain funds for highway purposes. Submitted by the 
Seventieth Legislature (1987) and adopted in an election Nov. 8, 
1988.]

In the meantime, keep pedaling while the weather's great.  So far 
I've got 40 miles in for the week and will probably double that by 
Sunday.  Just can't stand to be in when it's this nice.

Dave Dobbs

+++++++++++++++++++++++++++++++++
Texas Association for Public Transportation
9702 Swansons Ranch Road
Austin, Texas 78748
Ph 512.282.1149

Visit our website at  http://www.lightrailnow.org
+++++++++++++++++++++++++++++++++
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