1-1 By: Campbell (Senate Sponsor - Carriker) H.B. No. 384
1-2 (In the Senate - Received from the House March 31, 1993;
1-3 April 1, 1993, read first time and referred to Committee on
1-4 Finance; May 4, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; May 4, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 384 By: Moncrief
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the authority of a municipality to adopt an additional
1-26 sales and use tax.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Section 321.101(b), Tax Code, is amended to read
1-29 as follows:
1-30 (b) A municipality that is not disqualified may, by a
1-31 majority vote of the qualified voters of the municipality voting at
1-32 an election held for that purpose, adopt an additional sales and
1-33 use tax for the benefit of the municipality in accordance with this
1-34 chapter. A municipality is disqualified from adopting the
1-35 additional sales and use tax if the municipality:
1-36 (1) is included within the boundaries of a rapid
1-37 transit authority created under Chapter 141, Acts of the 63rd
1-38 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1-39 Civil Statutes);
1-40 (2) is included within the boundaries of a regional
1-41 transportation authority created under Chapter 683, Acts of the
1-42 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
1-43 Texas Civil Statutes), by a principal city having a population of
1-44 less than 800,000, unless the city has a population of 400,000 or
1-45 more and is located in more than one county;
1-46 (3) is wholly or partly located in a county that
1-47 contains territory within the boundaries of a regional
1-48 transportation authority created under Chapter 683, Acts of the
1-49 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
1-50 Texas Civil Statutes), by a principal city having a population in
1-51 excess of 800,000, unless:
1-52 (A) the city is a contiguous city; or
1-53 (B) the municipality is not included within the
1-54 boundaries of the authority and is located wholly or partly in a
1-55 county in which fewer than 250 persons are residents of both the
1-56 county and the authority according to the most recent federal
1-57 census; or
1-58 (C) the municipality is not and on January 1,
1-59 1993 <1991>, was not included within the boundaries of the
1-60 authority <and the municipality had a population in excess of
1-61 67,000 as reported in the 1990 federal census>; or
1-62 (4) imposes a tax authorized by Article 1118z, Revised
1-63 Statutes.
1-64 SECTION 2. Section 321.101, Tax Code, is amended by adding
1-65 Section 321.101(g) to read as follows:
1-66 (g) A municipality with a population of 400,000 or more that
1-67 is not disqualified may by majority vote of the qualified voters of
1-68 the municipality voting at an election held for that purpose, adopt
2-1 an additional sales and use tax for the benefit of the
2-2 municipality, where the benefit of the municipality may be for the
2-3 payment of debt service. Section 26.041 of this chapter shall not
2-4 apply when the additional sales and use tax is used for the payment
2-5 of debt service.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.
2-13 * * * * *
2-14 Austin,
2-15 Texas
2-16 May 4, 1993
2-17 Hon. Bob Bullock
2-18 President of the Senate
2-19 Sir:
2-20 We, your Committee on Finance to which was referred H.B. No. 384,
2-21 have had the same under consideration, and I am instructed to
2-22 report it back to the Senate with the recommendation that it do not
2-23 pass, but that the Committee Substitute adopted in lieu thereof do
2-24 pass and be printed.
2-25 Montford,
2-26 Chairman
2-27 * * * * *
2-28 WITNESSES
2-29 No witnesses appeared on H.B. No. 384.