Texas 2017 - 85th Regular

Texas Senate Bill SB1727 Compare Versions

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1-S.B. No. 1727
1+By: Birdwell S.B. No. 1727
2+ (Cook)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to the procedure for an election to adopt a sales and use
68 tax or to change the tax rate in an emergency services district.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 775.0751(c-1), Health and Safety Code,
911 is amended to read as follows:
1012 (c-1) A district that otherwise would be precluded from
1113 adopting a sales and use tax under Subsection (c) may adopt a sales
1214 and use tax, change the rate of its sales and use tax, or abolish its
1315 sales and use tax at an election held as provided by Section
1416 775.0752, if the board:
1517 (1) excludes from the [election and the] applicability
1618 of any proposed sales and use tax any territory in the district
1719 where the sales and use tax is then at two percent; and
1820 (2) not later than the 30th day after the date on which
1921 the board issues the election order, gives, for informational
2022 purposes, written or oral notice on the proposed imposition,
2123 increase, or abolition of the sales and use tax, including the
2224 reasons for the proposed change, to the commissioners court of each
2325 county in which the district is located.
2426 SECTION 2. Section 775.0752, Health and Safety Code, is
2527 amended by adding Subsection (f) to read as follows:
2628 (f) At an election described by Section 775.0751(c-1) to
2729 adopt the tax, the ballot shall be prepared to permit voting for or
2830 against the proposition: "The adoption of a local sales and use tax
2931 in (name of district) at a rate not to exceed (proposed tax rate)
3032 percent in any location in the district."
3133 SECTION 3. The acts and proceedings of an emergency
3234 services district relating to an election described by Section
3335 775.0751(c-1), Health and Safety Code, to impose a sales and use tax
3436 that was held November 3, 2015, and at which the ballot proposition
3537 used language from Section 775.0752, Health and Safety Code, and
3638 was approved by a majority of the voters voting on the proposition
3739 are validated as of the dates they occurred. The validation
3840 includes the preparation and wording of the ballot proposition, any
3941 action taken by the district in calling, holding, and canvassing
4042 the tax election, and any other action taken by the district before
4143 the effective date of this Act in connection with the imposition of
4244 the tax approved in the tax election. A district may take any
4345 further action or conduct any further proceeding necessary to
4446 complete the imposition of the tax approved at the tax election.
4547 SECTION 4. This Act takes effect immediately if it receives
4648 a vote of two-thirds of all the members elected to each house, as
4749 provided by Section 39, Article III, Texas Constitution. If this
4850 Act does not receive the vote necessary for immediate effect, this
4951 Act takes effect September 1, 2017.
50- ______________________________ ______________________________
51- President of the Senate Speaker of the House
52- I hereby certify that S.B. No. 1727 passed the Senate on
53- May 4, 2017, by the following vote: Yeas 29, Nays 2.
54- ______________________________
55- Secretary of the Senate
56- I hereby certify that S.B. No. 1727 passed the House on
57- May 24, 2017, by the following vote: Yeas 144, Nays 2, two
58- present not voting.
59- ______________________________
60- Chief Clerk of the House
61- Approved:
62- ______________________________
63- Date
64- ______________________________
65- Governor