Texas 2015 - 84th Regular

Texas House Bill HB3485 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R6302 JRR-F
2	2	By: Turner of Tarrant H.B. No. 3485
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the addition of certain municipalities to the territory
8	8	of a regional transportation authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter P, Chapter 452, Transportation Code,
11	11	is amended by adding Section 452.6026 to read as follows:
12	12	Sec. 452.6026. ADDITION OF CERTAIN MUNICIPALITIES BY
13	13	ELECTION; DELAYED ENTRY. (a) In this section, "special sales and
14	14	use tax" means a sales and use tax levied by a municipality that is
15	15	in excess of one percent.
16	16	(b) This section applies only to a municipality that levies
17	17	a special sales and use tax that, when combined with the authority's
18	18	sales and use tax, would result in a sales and use tax rate of more
19	19	than two percent in the territory of the municipality.
20	20	(c) A municipality that does not have territory that is part
21	21	of an authority may be added to the territory of an authority on a
22	22	date determined by the executive committee if:
23	23	(1) any part of the territory of the municipality is
24	24	located in a county in which the authority has territory or in a
25	25	county that is adjacent to a county in which the authority has
26	26	territory;
27	27	(2) the executive committee states, by resolution, the
28	28	authority's intention to provide transportation services in the
29	29	territory of the municipality;
30	30	(3) the governing body of the municipality calls an
31	31	election on the addition of the territory of the municipality to the
32	32	territory of the authority; and
33	33	(4) a majority of the votes cast in the election favor
34	34	the proposition.
35	35	(d) At any time after the date of the election approving the
36	36	addition of the territory of the municipality to the territory of
37	37	the authority, the executive committee and the governing body of
38	38	the municipality may enter into an interlocal agreement that
39	39	provides for the eventual admission of the territory of the
40	40	municipality to the territory of the authority, provided that the
41	41	admission of the territory of the municipality to the territory of
42	42	the authority is delayed until the municipality's special sales and
43	43	use tax is reduced to a rate that will not impair the imposition of
44	44	the authority's sales and use tax.
45	45	(e) Notwithstanding Section 452.607, a sales and use tax
46	46	imposed by the authority takes effect in the territory of the
47	47	municipality on the first day of the first calendar quarter that
48	48	begins after the date the comptroller receives a certified copy of
49	49	an order adopted by the executive committee adding the territory of
50	50	the municipality, accompanied by a map of the authority clearly
51	51	showing the territory added.
52	52	SECTION 2. This Act takes effect immediately if it receives
53	53	a vote of two-thirds of all the members elected to each house, as
54	54	provided by Section 39, Article III, Texas Constitution. If this
55	55	Act does not receive the vote necessary for immediate effect, this
56	56	Act takes effect September 1, 2015.