By: Martin H.B. No. 209
73R1709 LJD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the form of the ballot proposition for the sales and
1-3 use tax that may be levied for the benefit of certain industrial
1-4 development corporations.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 4A(m) and (p), Development Corporation
1-7 Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), are
1-8 amended to read as follows:
1-9 (m) In an election to adopt the tax under this section, the
1-10 ballot shall be printed to provide for voting for or against the
1-11 proposition: "The adoption of a sales and use tax for the
1-12 promotion and development of (description of project to be
1-13 inserted) <new and expanded business enterprises> at the rate of
1-14 ________ of one percent" (one-eighth, one-fourth, three-eighths, or
1-15 one-half to be inserted as appropriate).
1-16 (p) A city that is authorized by this section to impose,
1-17 reduce, increase, or abolish the tax under this section may, at the
1-18 same time and on the same ballot, impose, reduce, increase, or
1-19 abolish the additional sales and use tax imposed under Section
1-20 321.101(b), Tax Code, if the city is authorized by Chapter 321, Tax
1-21 Code, to impose, reduce, increase, or abolish the additional sales
1-22 and use tax. The combined rate of the tax under this section and
1-23 the additional sales and use tax imposed under Section 321.101(b),
1-24 Tax Code, may not exceed one-half of one percent. An election
2-1 adopting a combined rate of the tax under this section and the
2-2 additional sales and use tax that exceeds one-half of one percent
2-3 has no effect. The city must follow, in relation to the
2-4 imposition, reduction, increase, or abolishment of the additional
2-5 sales and use tax imposed under Section 321.101(b), Tax Code, the
2-6 procedures of that chapter, except that in an election to impose,
2-7 reduce, increase, or abolish the tax under this section and the
2-8 additional sales and use tax the ballot shall be printed to provide
2-9 for voting for or against the proposition: "The adoption of a
2-10 sales and use tax within the city for the promotion and development
2-11 of (description of project to be inserted) <new and expanded
2-12 business enterprises> at the rate of ________ of one percent
2-13 (one-eighth, one-fourth, three-eighths, or one-half to be inserted
2-14 as appropriate) and the adoption of an additional sales and use tax
2-15 within the city at the rate of ________ of one percent to be used
2-16 to reduce the property tax rate" (one-eighth, one-fourth,
2-17 three-eighths, or one-half to be inserted as appropriate).
2-18 SECTION 2. Section 4A(1), Development Corporation Act of
2-19 1979 (Article 5190.6, Vernon's Texas Civil Statutes), as added by
2-20 Section 1, Chapter 634, Acts of the 72nd Legislature, Regular
2-21 Session, 1991, is repealed.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.