By:  Harris, Chris                                     S.B. No. 124
       73R2026 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the initial collection of taxes imposed by certain
    1-3  development corporations.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4B(f), Development Corporation Act of
    1-6  1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
    1-7  read as follows:
    1-8        (f)  Chapter 321, Tax Code, governs the imposition,
    1-9  computation, administration, collection, and remittance of the tax
   1-10  except as inconsistent with this section.  <Section 321.102(a), Tax
   1-11  Code, does not apply to the tax imposed under this section.  The
   1-12  ordinance under which the taxes authorized by this section are
   1-13  levied must provide for the effective date of the tax.  That
   1-14  effective date must occur on the first day of a month, which day
   1-15  may not be earlier than the 45th day after the date of final action
   1-16  of the governing body in adopting the ordinance or after the date
   1-17  of the election, whichever is later.>  If the ordinance levying the
   1-18  tax is adopted after the election, the presiding officer of the
   1-19  governing body shall, not later than the 10th day after the date of
   1-20  the final action in adopting the ordinance, send to the comptroller
   1-21  by certified mail a copy of the ordinance.  The tax imposed under
   1-22  this section takes effect as provided by Section 321.102(a), Tax
   1-23  Code.  If, however, an election is held under this section at the
   1-24  same time an election is held to impose or change the rate of the
    2-1  additional municipal sales and use tax, the tax under this section
    2-2  and the imposition or change in rate of the additional municipal
    2-3  sales and use tax take effect as provided by Section 321.102(b),
    2-4  Tax Code  <The tax is effective on the date specified in the
    2-5  ordinance unless the comptroller, within 10 days after the receipt
    2-6  of an ordinance sent under this subsection, notifies the secretary
    2-7  of the municipality that more time is required, in which case the
    2-8  effective date of the application of the tax is the first day of
    2-9  the first calendar quarter after the expiration of the first
   2-10  complete calendar quarter occurring after the date on which the
   2-11  comptroller receives the ordinance>.  After the effective date of
   2-12  the taxes imposed under this section, the adoption of a sales and
   2-13  use tax or the attempted adoption of a sales and use tax by the
   2-14  eligible city or any other taxing jurisdiction having territory in
   2-15  the city does not impair the taxes imposed under this section.
   2-16        SECTION 2.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended,
   2-21  and that this Act take effect and be in force from and after its
   2-22  passage, and it is so enacted.