By: Carona S.B. No. 1461
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Transportation;
April 15, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 15, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1461 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to addition of certain municipalities to the territory of
a regional transportation authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 452.6025, Transportation Code, is
amended to read as follows:
Sec. 452.6025. ADDITION OF CERTAIN MUNICIPALITIES BY
ELECTION. (a) In this section, "special sales and use tax" means a
sales and use tax levied by a municipality that is in excess of one
percent[:
[(1) a sales and use tax levied by a municipality
under:
[(A) Chapter 504 or 505, Local Government Code;
[(B) Section 379A.081, Local Government Code,
for the benefit of a municipal development corporation; or
[(C) Section 363.055, Local Government Code, for
the benefit of a crime control and prevention district; or
[(2) an additional municipal sales and use tax levied
by a municipality under Chapter 321, Tax Code].
(b) This section applies only to a municipality that levies
a special sales and use tax that, when combined with the authority's
sales and use tax, would result in a sales and use tax rate of more
than two percent in the territory of the municipality.
(c) A [Notwithstanding Section 452.606, a] municipality
that does not have territory that is [not] part of an authority may
be added to the territory of an authority on a date determined by
the executive committee if:
(1) any part of the territory of the municipality is
located in a county in which the authority has territory or in a
county that is adjacent to a county in which the authority has
territory;
(2) the executive committee states, by resolution, the
authority's intention to provide transportation services in the
territory of the municipality;
(3) [(2)] the governing body of the municipality calls
an election on the addition of the territory of the municipality to
the territory of the authority; and
(4) [(3)] a majority of the votes cast in the election
favor the proposition.
(d) The election in a municipality to approve the addition
of the territory of the municipality to the territory of the
authority is to be treated for all purposes as an election to reduce
the rate of the municipality's special sales and use tax, on the
effective date determined by the executive committee, to the
highest rate that will not impair the imposition of the authority's
sales and use tax.
(e) At any time after the date of the election approving the
addition of the territory of the municipality to the territory of
the authority, the executive committee and the governing body of
the municipality may enter into an interlocal agreement that
provides for the eventual admission of the territory of the
municipality to the territory of the authority.
(f) Notwithstanding Section 452.607, a sales and use tax
imposed by the authority takes effect in the territory of the
municipality on the first day of the first calendar quarter that
begins after the date the comptroller receives a certified copy of
an order adopted by the executive committee adding the territory of
the municipality, accompanied by a map of the authority clearly
showing the territory added.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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