Texas 2013 - 83rd Regular

Texas Senate Bill SB1461 Compare Versions

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Old	New	Differences
1	1	83R19857 VOO-F
2	2	By: Carona S.B. No. 1461
3	3	(Harper-Brown)
4	4	Substitute the following for S.B. No. 1461: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to addition of certain municipalities to the territory of
10	10	a regional transportation authority.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 452.6025, Transportation Code, is
13	13	amended to read as follows:
14	14	Sec. 452.6025. ADDITION OF CERTAIN MUNICIPALITIES BY
15	15	ELECTION. (a) In this section, "special sales and use tax" means a
16	16	sales and use tax levied by a municipality that is in excess of one
17	17	percent[:
18	18	[(1) a sales and use tax levied by a municipality
19	19	under:
20	20	[(A) Chapter 504 or 505, Local Government Code;
21	21	[(B) Section 379A.081, Local Government Code,
22	22	for the benefit of a municipal development corporation; or
23	23	[(C) Section 363.055, Local Government Code, for
24	24	the benefit of a crime control and prevention district; or
25	25	[(2) an additional municipal sales and use tax levied
26	26	by a municipality under Chapter 321, Tax Code].
27	27	(b) This section applies only to a municipality that levies
28	28	a special sales and use tax that, when combined with the authority's
29	29	sales and use tax, would result in a sales and use tax rate of more
30	30	than two percent in the territory of the municipality.
31	31	(c) A [Notwithstanding Section 452.606, a] municipality
32	32	that does not have territory that is [not] part of an authority may
33	33	be added to the territory of an authority on a date determined by
34	34	the executive committee if:
35	35	(1) any part of the territory of the municipality is
36	36	located in a county in which the authority has territory or in a
37	37	county that is adjacent to a county in which the authority has
38	38	territory;
39	39	(2) the executive committee states, by resolution, the
40	40	authority's intention to provide transportation services in the
41	41	territory of the municipality;
42	42	(3) [(2)] the governing body of the municipality calls
43	43	an election on the addition of the territory of the municipality to
44	44	the territory of the authority; and
45	45	(4) [(3)] a majority of the votes cast in the election
46	46	favor the proposition.
47	47	(d) The election in a municipality to approve the addition
48	48	of the territory of the municipality to the territory of the
49	49	authority is to be treated for all purposes as an election to reduce
50	50	the rate of the municipality's special sales and use tax, on the
51	51	effective date determined by the executive committee, to the
52	52	highest rate that will not impair the imposition of the authority's
53	53	sales and use tax.
54	54	(e) At any time after the date of the election approving the
55	55	addition of the territory of the municipality to the territory of
56	56	the authority, the executive committee and the governing body of
57	57	the municipality may enter into an interlocal agreement that
58	58	provides for the eventual admission of the territory of the
59	59	municipality to the territory of the authority.
60	60	(f) Notwithstanding Section 452.607, a sales and use tax
61	61	imposed by the authority takes effect in the territory of the
62	62	municipality on the first day of the first calendar quarter that
63	63	begins after the date the comptroller receives a certified copy of
64	64	an order adopted by the executive committee adding the territory of
65	65	the municipality, accompanied by a map of the authority clearly
66	66	showing the territory added.
67	67	SECTION 2. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2013.