84R6302 JRR-F
By: Turner of Tarrant H.B. No. 3485
A BILL TO BE ENTITLED
AN ACT
relating to the 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. Subchapter P, Chapter 452, Transportation Code,
is amended by adding Section 452.6026 to read as follows:
Sec. 452.6026. ADDITION OF CERTAIN MUNICIPALITIES BY
ELECTION; DELAYED ENTRY. (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.
(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 municipality that does not have territory that is 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) 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) a majority of the votes cast in the election favor
the proposition.
(d) 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, provided that the
admission of the territory of the municipality to the territory of
the authority is delayed until the municipality's special sales and
use tax is reduced to a rate that will not impair the imposition of
the authority's sales and use tax.
(e) 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, 2015.