By:  Harris of Tarrant                                 S.B. No. 124
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the authority of a municipality located in more than
    1-2  one county to create an industrial development corporation and to
    1-3  levy a sales and use tax.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subdivision (1), Subsection (a), Section 4B,
    1-6  Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
    1-7  Civil Statutes), is amended to read as follows:
    1-8              (1)  "Eligible city" means a city:
    1-9                    (A)  that is located wholly or partly in a county
   1-10  with a population of 750,000 or more, according to the most recent
   1-11  federal decennial census; and
   1-12                    (B)  in which the combined rate of all sales and
   1-13  use taxes imposed by the city, the state, and other political
   1-14  subdivisions of the state having territory in the city does not
   1-15  exceed 7.25 percent on the date of any election held under or made
   1-16  applicable to this section.
   1-17        SECTION 2.  Subsections (c) and (f), Section 4B, Development
   1-18  Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
   1-19  Statutes), are amended to read as follows:
   1-20        (c)  The board of directors of a corporation under this
   1-21  section consists of seven directors who are appointed by the
   1-22  governing body of the eligible city for two-year terms of office.
   1-23  A director may be removed by the governing body of the eligible
   1-24  city at any time without cause.  Each director must be a resident
    2-1  of the eligible city.  Three <At least four directors must be
    2-2  persons who are members of the governing body of the eligible city,
    2-3  and the remaining three> directors shall be persons who are not
    2-4  employees, officers, or members of the governing body of the
    2-5  eligible city.  A majority of the entire membership of the board is
    2-6  a quorum.  The board shall conduct all meetings within the
    2-7  boundaries of the eligible city.  The board shall appoint a
    2-8  president, a secretary, and other officers of the corporation that
    2-9  the governing body of the eligible city considers necessary.  The
   2-10  corporation's registered agent must be an individual resident of
   2-11  the state and the corporation's registered office must be within
   2-12  the boundaries of the eligible city.
   2-13        (f)  Chapter 321, Tax Code, governs the imposition,
   2-14  computation, administration, collection, and remittance of the tax
   2-15  except as inconsistent with this section.  The tax imposed under
   2-16  this section takes effect as provided by Section 321.102(a), Tax
   2-17  Code.  If, however, an election is held under this section at the
   2-18  same time an election is held to impose or change the rate of the
   2-19  additional municipal sales and use tax, the tax under this section
   2-20  and the imposition or change in rate of the additional municipal
   2-21  sales and use tax take effect as provided by Section 321.102(b),
   2-22  Tax Code.  <Section 321.102(a), Tax Code, does not apply to the tax
   2-23  imposed under this section.  The ordinance under which the taxes
   2-24  authorized by this section are levied must provide for the
   2-25  effective date of the tax.  That effective date must occur on the
   2-26  first day of a month, which day may not be earlier than the 45th
   2-27  day after the date of final action of the governing body in
    3-1  adopting the ordinance or after the date of the election, whichever
    3-2  is later.  If the ordinance levying the tax is adopted after the
    3-3  election, the presiding officer of the governing body shall, not
    3-4  later than the 10th day after the date of the final action in
    3-5  adopting the ordinance, send to the comptroller by certified mail a
    3-6  copy of the ordinance.  The tax is effective on the date specified
    3-7  in the ordinance unless the comptroller, within 10 days after the
    3-8  receipt of an ordinance sent under this subsection, notifies the
    3-9  secretary of the municipality that more time is required, in which
   3-10  case the effective date of the application of the tax is the first
   3-11  day of the first calendar quarter after the expiration of the first
   3-12  complete calendar quarter occurring after the date on which the
   3-13  comptroller receives the ordinance.>  After the effective date of
   3-14  the taxes imposed under this section, the adoption of a sales and
   3-15  use tax or the attempted adoption of a sales and use tax by the
   3-16  eligible city or any other taxing jurisdiction having territory in
   3-17  the city does not impair the taxes imposed under this section.
   3-18        SECTION 3.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended,
   3-23  and that this Act take effect and be in force from and after its
   3-24  passage, and it is so enacted.