By: McClendon (Senate Sponsor - Zaffirini) H.B. No. 2396
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 20, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 8, Nays 0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2396 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to the pledge of advanced transportation district sales
and use taxes to certain bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 451.702, Transportation Code, is amended
by amending Subsections (a) and (l) and adding Subsection (l-1) to
read as follows:
(a) The board of an authority in which the sales and use tax
is imposed at a rate of one-half of one percent and in which the
principal municipality has a population of more than 1.3 million
[700,000] may order an election to create an advanced
transportation district within the authority's boundaries and to
impose a sales and use tax for advanced transportation and mobility
enhancement under this subchapter. If approved at the election,
the rate of the sales and use tax for advanced transportation and
mobility enhancement shall be set by the governing body of the
district at a rate of:
(1) one-eighth of one percent;
(2) one-fourth of one percent;
(3) three-eighths of one percent; or
(4) one-half of one percent.
(l) Notwithstanding any other provision of this chapter,
the [The] governing body of a [the] district may, by order or
resolution, without the necessity of an election specifically
concerning the matter:
(1) pledge the sales and use tax proceeds identified
in Subsection (f) from a sales and use tax imposed by an election
held under this section after May 21, 1999, to one or more series of
sales and use tax revenue bonds issued under Subchapter H, subject
to Subsection (l-1); and
(2) enter into an agreement or contractual arrangement
under Subsection (k) [without the necessity of an election].
(l-1) The governing body of a district may not pledge sales
and use tax proceeds under Subsection (l) unless the board has
conducted a public hearing concerning the issuance of the bonds to
which the proceeds are pledged and published notice of the hearing
at least 14 days before the date of the hearing in a newspaper of
general circulation in the principal municipality of the authority.
SECTION 2. This Act takes effect September 1, 2011.
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