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.