By Madden                                             H.B. No. 3011
       74R6335 JBN-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the rate of state and local sales and use taxes.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle C, Title 3, Tax Code, is amended by
    1-5  adding Chapter 325 to read as follows:
    1-6          CHAPTER 325.  MAXIMUM LOCAL SALES AND USE TAX RATES
    1-7        Sec. 325.001.  DEFINITIONS.  In this chapter:
    1-8              (1)  "Combined local sales and use tax rate" means the
    1-9  sum of the rates of all local sales and use taxes applicable to the
   1-10  sale of a taxable item.
   1-11              (2)  "Local sales and use tax" means a tax administered
   1-12  and computed  according to Chapters 321-324 and to which those
   1-13  chapters apply, including a tax imposed under Chapter 285, 775, or
   1-14  776, Health and Safety Code;  the Crime Control and Prevention
   1-15  District Act (Article 2370c-4, Vernon's Texas Civil Statutes); or
   1-16  the Development Corporation Act of 1979 (Article 5190.6, Vernon's
   1-17  Texas Civil Statutes).  The term does not include a state tax.
   1-18              (3)  "Local sales and use tax rate" means the rate at
   1-19  which a political subdivision is authorized by the voters of the
   1-20  subdivision to impose a local sales and use tax even if the rate
   1-21  imposed is lower than the rate authorized by the voters.
   1-22              (4)  "Taxable item" has the meaning assigned by Section
   1-23  151.010.
   1-24        Sec. 325.002.  MAXIMUM LOCAL SALES AND USE TAX RATE.  (a)
    2-1  The combined local sales and use tax rate may not exceed two and
    2-2  one-fourth percent.
    2-3        (b)  This section prevails over any other statute to the
    2-4  extent of a conflict with this section.  The rule of statutory
    2-5  construction that a specific statute prevails over a general
    2-6  statute does not apply to determining the application of this
    2-7  section unless the specific statute expressly states that this
    2-8  section does not apply.
    2-9        Sec. 325.003.  ELECTION TO INCREASE TAX RATE HIGHER THAN
   2-10  MAXIMUM RATE.  (a)  The governing body of a political subdivision
   2-11  may not order or hold an election to increase the rate of a local
   2-12  sales and use tax or to annex territory subject to a local sales
   2-13  and use tax of another political subdivision if the result of the
   2-14  election, on approval of the voters of the proposition, would be a
   2-15  combined local sales and use tax rate at any place in that
   2-16  political subdivision that exceeds the rate provided by Section
   2-17  325.002(a).
   2-18        (b)  This section does not prevent, subject to Section
   2-19  325.004, the order or holding of simultaneous elections in more
   2-20  than one political subdivision if the elections may result in a
   2-21  combined local sales and use tax rate within the rate prescribed by
   2-22  Section 325.002(a).
   2-23        Sec. 325.004.  SIMULTANEOUS ELECTIONS RESULTING IN TAXES
   2-24  EXCEEDING MAXIMUM RATE.  If in an election the voters of a
   2-25  political subdivision approve the imposition or rate of a local
   2-26  sales and use tax and the voters of the same or one or more other
   2-27  political subdivisions in an election held on the same day approve
    3-1  the imposition or rate of a local sales and use tax and the result
    3-2  of the elections is the combined local sales and use tax rate at
    3-3  any place in any of those political subdivisions exceeds the rate
    3-4  provided by Section 325.002(a), each election, including an
    3-5  election to repeal or reduce the rate of a local sales and use tax,
    3-6  is void.
    3-7        Sec. 325.005.  DE MINIMIS EFFECT.  (a)  This chapter does not
    3-8  prohibit a combined local sales and use tax rate in excess of the
    3-9  rate provided by Section 325.002(a) in a territory that:
   3-10              (1)  is located in a municipality in more than one
   3-11  county;
   3-12              (2)  has a population of less than 250; and
   3-13              (3)  is located in an authority created under Chapter
   3-14  683, Acts of the 66th Legislature, Regular Session, 1979 (Article
   3-15  1118y, Vernon's Texas Civil Statutes), composed of a subregion
   3-16  having a principal city with a population of more than 800,000
   3-17  determined in the manner provided by that Act.
   3-18        (b)  This section does not permit the combined local sales
   3-19  and use tax rate to exceed the rate provided by Section 325.002(a)
   3-20  by more than one-fourth of one percent.
   3-21        SECTION 2.  Section 151.051(b), Tax Code, is amended to read
   3-22  as follows:
   3-23        (b)  The sales tax rate is six <6-1/4> percent of the sales
   3-24  price of the taxable item sold.
   3-25        SECTION 3.  Sections 321.101(a) and (b), Tax Code, are
   3-26  amended to read as follows:
   3-27        (a)  A municipality may adopt or repeal a sales and use tax
    4-1  or increase or reduce the rate of a sales and use tax authorized by
    4-2  this chapter, other than the additional municipal sales and use
    4-3  tax, at an election in which a majority of the qualified voters of
    4-4  the municipality approve the adoption or repeal of the tax.
    4-5        (b)  A municipality <that is not disqualified> may, by a
    4-6  majority vote of the qualified voters of the municipality voting at
    4-7  an election held for that purpose, adopt an additional sales and
    4-8  use tax for the benefit of the municipality in accordance with this
    4-9  chapter.  A municipality is disqualified from adopting the
   4-10  additional sales and use tax at a rate higher than one-fourth of
   4-11  one percent if the municipality:
   4-12              (1)  is included within the boundaries of a rapid
   4-13  transit authority created under Chapter 141, Acts of the 63rd
   4-14  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
   4-15  Civil Statutes);
   4-16              (2)  is included within the boundaries of a regional
   4-17  transportation authority created under Chapter 683, Acts of the
   4-18  66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
   4-19  Texas Civil Statutes), by a principal city having a population of
   4-20  less than 800,000, unless the city has a population of 400,000 or
   4-21  more and is located in more than one county;
   4-22              (3)  is wholly or partly located in a county that
   4-23  contains territory within the boundaries of a regional
   4-24  transportation authority created under Chapter 683, Acts of the
   4-25  66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
   4-26  Texas Civil Statutes), by a principal city having a population in
   4-27  excess of 800,000, unless:
    5-1                    (A)  the city is a contiguous city; or
    5-2                    (B)  the municipality is not included within the
    5-3  boundaries of the authority and is located wholly or partly in a
    5-4  county in which fewer than 250 persons are residents of both the
    5-5  county and the authority according to the most recent federal
    5-6  census; or
    5-7                    (C)  the municipality is not and on January 1,
    5-8  1993, was not included within the boundaries of the authority; or
    5-9              (4)  imposes a tax authorized by Article 1118z, Revised
   5-10  Statutes.
   5-11        SECTION 4.  Section 321.1025(c), Tax Code, is amended to read
   5-12  as follows:
   5-13        (c)  If the annexation is approved by the voters, the
   5-14  election is to be treated for all purposes as an election to reduce
   5-15  the rate of the additional sales and use tax to the highest rate
   5-16  allowable under Section 321.103(b) that will not result in
   5-17  exceeding the maximum combined local sales and use tax rates
   5-18  prescribed by Chapter 325 or, if the rate cannot be reduced to a
   5-19  rate not in violation of Chapter 325, to abolish the additional
   5-20  sales and use tax in the municipality, and the tax is so reduced or
   5-21  repealed in the manner provided by this chapter.
   5-22        SECTION 5.  Section 321.103, Tax Code, is amended to read as
   5-23  follows:
   5-24        Sec. 321.103.  Sales Tax.  (a)  In a municipality that has
   5-25  adopted the tax authorized by Section 321.101(a), there is imposed
   5-26  a tax on the receipts from the sale at retail of taxable items
   5-27  within the municipality:
    6-1              (1)  at the rate of one, one and one-eighth, or one and
    6-2  one-fourth of one percent, as approved by the voters; and
    6-3              (2)  at the same rate on the receipts from the sale at
    6-4  retail within the municipality of gas and electricity for
    6-5  residential use.
    6-6        (b)  In a municipality that has adopted the additional
    6-7  municipal sales and use tax, the tax is imposed at the rate
    6-8  approved by the voters.  The rate, when the tax is adopted, must be
    6-9  equal to either one-eighth, one-fourth, three-eighths, <or>
   6-10  one-half, five-eighths, or three-fourths of one percent.  The rate
   6-11  may be reduced in one or more increments of one-eighth of one
   6-12  percent to a minimum of one-eighth of one percent or increased in
   6-13  one or more increments of one-eighth of one percent to a maximum of
   6-14  three-fourths <one-half> of one percent, or the tax may be
   6-15  abolished.  The rate that the municipality adopts is on the
   6-16  receipts from the sale at retail of all taxable items within the
   6-17  municipality and at the same rate on the receipts from the sale at
   6-18  retail within the municipality of gas and electricity for
   6-19  residential use unless the residential use of gas and electricity
   6-20  is exempted from the tax imposed under Section 321.101(a), in which
   6-21  case the residential use of gas and electricity is exempted under
   6-22  this subsection also.
   6-23        SECTION 6.  Section 321.401(e), Tax Code, is amended to read
   6-24  as follows:
   6-25        (e)  The governing body of any municipality that has adopted
   6-26  the sales and use tax under Section 321.101(a) or the additional
   6-27  sales and use tax shall, on petition of qualified voters of the
    7-1  municipality equal in number to at least five percent of the number
    7-2  of voters registered in the municipality, provide by ordinance for
    7-3  the calling and holding of an election on the question of
    7-4  increasing, reducing, or repealing the sales and use tax or the
    7-5  additional sales and use tax.
    7-6        SECTION 7.  Section 321.403, Tax Code, is amended to read as
    7-7  follows:
    7-8        Sec. 321.403.  Time of Election.  (a)  An election under this
    7-9  chapter to adopt or repeal or change the rate of the tax authorized
   7-10  under Section 321.101(a) must be held on the first succeeding
   7-11  uniform election date for which sufficient time elapses for the
   7-12  holding of an election.
   7-13        (b)  An election on the approval or repeal or change in the
   7-14  rate of the additional sales and use tax must be held on the next
   7-15  succeeding uniform election date not less than 30 days after the
   7-16  passage of the ordinance calling the election.
   7-17        SECTION 8.  Sections 321.404(a) and (c), Tax Code, are
   7-18  amended to read as follows:
   7-19        (a)  In an election to adopt, or increase or reduce the rate
   7-20  of, the tax, the ballot shall be printed to provide for voting for
   7-21  or against the applicable proposition:  "A <one percent> sales and
   7-22  use tax at the rate of _____ percent is adopted within the city"
   7-23  (one, one and one-eighth, or one and one-fourth to be inserted as
   7-24  appropriate) or "The adoption of an additional sales and use tax
   7-25  within the city at the rate of ________ of one percent to be used
   7-26  to reduce the property tax rate" (one-eighth, one-fourth,
   7-27  three-eighths, <or> one-half, five-eighths, or three-fourths to be
    8-1  inserted as appropriate).
    8-2        (c)  In a municipality that does not impose a property tax,
    8-3  the ballot at an election to adopt the additional municipal sales
    8-4  and use tax shall be printed to provide for voting for or against
    8-5  the following proposition:  "The adoption of an additional sales
    8-6  and use tax within the city at the rate of ________ of one percent"
    8-7  (one-eighth, one-fourth, three-eighths, <or> one-half,
    8-8  five-eighths, or three-fourths to be inserted as appropriate).
    8-9        SECTION 9.  Sections 321.405(a) and (c), Tax Code, are
   8-10  amended to read as follows:
   8-11        (a)  Within 10 days after an election in which the voters
   8-12  approve of the adoption or abolition, or an increase or reduction
   8-13  in the rate, of a tax authorized by this chapter, the governing
   8-14  body of the municipality shall by resolution or ordinance entered
   8-15  in its minutes of proceedings, declare the results of the election.
   8-16  A resolution or ordinance under this section must include
   8-17  statements showing:
   8-18              (1)  the date of the election;
   8-19              (2)  the proposition on which the vote was held;
   8-20              (3)  the total number of votes cast for and against the
   8-21  proposition; <and>
   8-22              (4)  the number of votes by which the proposition was
   8-23  approved; and
   8-24              (5)  the rate of the tax.
   8-25        (c)  Not later than the 30th day after the date the
   8-26  comptroller receives a certified copy of an ordinance or resolution
   8-27  showing the adoption or a change in the rate of the additional
    9-1  municipal sales and use tax, the comptroller shall notify the
    9-2  municipal secretary that he is prepared for the administration of
    9-3  the tax.
    9-4        SECTION 10.  Section 323.101, Tax Code, is amended to read as
    9-5  follows:
    9-6        Sec. 323.101.  Tax Authorized.  (a)  A qualified county may
    9-7  adopt or repeal the county sales and use tax authorized by this
    9-8  chapter at an election in which a majority of the qualified voters
    9-9  of the county approve the adoption or repeal of the tax, as
   9-10  applicable.
   9-11        <(b)  A county is qualified to adopt the tax only if no part
   9-12  of the county is located in a rapid transit authority created under
   9-13  Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
   9-14  (Article 1118x, Vernon's Texas Civil Statutes), or a regional
   9-15  transportation authority created under Chapter 683, Acts of the
   9-16  66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
   9-17  Texas Civil Statutes).>
   9-18        <(c)  An authority created under Chapter 141, Acts of the
   9-19  63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
   9-20  Texas Civil Statutes), or Chapter 683, Acts of the 66th
   9-21  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   9-22  Civil Statutes), is prohibited from imposing the tax provided for
   9-23  in those Acts in a county in which the county sales and use tax
   9-24  provided for in this section is in effect or is scheduled to take
   9-25  effect.  For the purposes of this section, an authority is not
   9-26  considered to be located in any county in which fewer than 250
   9-27  persons are both residents of the authority and the county.>
   10-1        <(d)  A county may not adopt a sales and use tax under this
   10-2  section if as a result of the adoption of the tax the combined rate
   10-3  of all sales and use taxes imposed by the county and other
   10-4  political subdivisions of this state having territory in the county
   10-5  would exceed two percent at any location in the county.>
   10-6        <(e)  If the voters of a county approve the adoption of a
   10-7  sales and use tax at an election held on the same election date on
   10-8  which a municipality having territory in the county adopts a sales
   10-9  and use tax or an additional sales and use tax and as a result the
  10-10  combined rate of all sales and use taxes imposed by the county and
  10-11  other political subdivisions of this state having territory in the
  10-12  county would exceed two percent at any location in the county, the
  10-13  election to adopt a county sales and use tax has no effect.>
  10-14        (b) <(f)>  The provisions of this chapter govern the
  10-15  application, collection, and administration of a sales and use tax
  10-16  imposed under Chapter 285, 775, or 776, Health and Safety Code, to
  10-17  the extent not inconsistent with the provisions of those chapters.
  10-18  <Provided, however, that Subsection (b) shall not apply to a tax
  10-19  authorized under those chapters.>
  10-20        SECTION 11.  Section 323.103, Tax Code, is amended to read as
  10-21  follows:
  10-22        Sec. 323.103.  Sales Tax.  In a county that has adopted the
  10-23  tax authorized by this chapter, there is imposed a tax on the
  10-24  receipts from the sale at retail of taxable items within the county
  10-25  at the rate of:
  10-26              (1)  one-half, five-eighths, or three-fourths of one
  10-27  percent; <,> or
   11-1              (2)  in a county that includes no territory within the
   11-2  limits of a municipality, one, one and one-eighth, or one and
   11-3  one-fourth of one percent.
   11-4        SECTION 12.  Sections 323.105(a) and (b), Tax Code, are
   11-5  amended to read as follows:
   11-6        (a)  Subject to an election held in accordance with the Crime
   11-7  Control and Prevention District Act, a county in which a crime
   11-8  control and prevention district is established shall adopt a sales
   11-9  and use tax in the area of the district for the purpose of
  11-10  financing the operation of the crime control and prevention
  11-11  district.  The revenue from the tax may be used only for the
  11-12  purpose of financing the operation of the crime control and
  11-13  prevention district.  The proposition for adopting a tax under this
  11-14  section and the proposition for creation of a crime control and
  11-15  prevention district shall be submitted at the same election.   <For
  11-16  purposes of Subsection (c) of Section 323.101 of this code, a tax
  11-17  under this section is not a county sales and use tax.>
  11-18        (b)  A tax adopted for a district under this section for
  11-19  financing the operation of the district may be decreased in
  11-20  increments of one-eighth  <one-fourth> of one percent by order of
  11-21  the board of directors of the district.  The rate of a tax adopted
  11-22  for a district under this section may be increased in increments of
  11-23  one-eighth <one-fourth> of one percent, not to exceed a total tax
  11-24  rate of three-fourths of one <one-half> percent for financing the
  11-25  operation of the crime control and prevention district, by order of
  11-26  the board of directors of the crime control and prevention district
  11-27  if approved by a majority of the qualified voters voting at an
   12-1  election called by the board and held in the district on the
   12-2  question of increasing the tax rate.  At the election, the ballot
   12-3  shall be printed to provide for voting for or against the following
   12-4  proposition:  "The increase of the ____________ County Crime
   12-5  Control and Prevention District sales and use tax rate to
   12-6  ____________ percent."  If there is an increase or decrease under
   12-7  this subsection in the rate of a tax imposed under this section,
   12-8  the new rate takes effect on the first day of the  next calendar
   12-9  year after the expiration of one calendar quarter after the
  12-10  comptroller receives notice of the increase or decrease.  However,
  12-11  if the comptroller notifies the president of the board of directors
  12-12  of the district in writing within 10 days after receipt of the
  12-13  notification that the comptroller requires more time to implement
  12-14  reporting and collection procedures, the comptroller may delay
  12-15  implementation of the rate change for one whole calendar quarter.
  12-16  In that event, the new rate takes effect on the first day of the
  12-17  next calendar quarter following the elapsed quarter.
  12-18        SECTION 13.  Sections 323.404(a) and (b), Tax Code, are
  12-19  amended to read as follows:
  12-20        (a)  Except as provided by Subsection (b), in an election to
  12-21  adopt, or increase or reduce the rate of, the tax, the ballot shall
  12-22  be printed to provide for voting for or against the proposition:
  12-23  "Adoption of a _____ of one <one-half> percent county sales and use
  12-24  tax within the county to be used to reduce the county property tax
  12-25  rate." (One-half, five-eighths, or three-fourths to be inserted as
  12-26  appropriate.)
  12-27        (b)  In an election in a county that includes no territory
   13-1  within the limits of a municipality, the ballot shall be printed to
   13-2  provide for voting for or against the proposition:  "Adoption of a
   13-3  _____ <one> percent county sales and use tax within the county to
   13-4  be used to reduce the county property tax rate."  (One, one and
   13-5  one-eighth, or one and one-fourth to be inserted as appropriate.)
   13-6        SECTION 14.  Section 323.405(a), Tax Code, is amended to read
   13-7  as follows:
   13-8        (a)  Within 10 days after an election in which the voters of
   13-9  a county approve of the adoption or abolition, or increase or
  13-10  reduction in the rate, of the tax authorized by this chapter, the
  13-11  commissioners court of the county shall, by resolution entered in
  13-12  its minutes of proceedings, declare the results of the election.  A
  13-13  resolution or ordinance under this section must include statements
  13-14  showing:
  13-15              (1)  the date of the election;
  13-16              (2)  the proposition on which the vote was held;
  13-17              (3)  the total number of votes cast for and against the
  13-18  proposition; <and>
  13-19              (4)  the number of votes by which the proposition was
  13-20  approved; and
  13-21              (5)  the rate of the tax.
  13-22        SECTION 15.  Section 324.021, Tax Code, is amended to read as
  13-23  follows:
  13-24        Sec. 324.021.  Tax Authorized.  <(a)>  A county having a
  13-25  population of 50,000 or less may adopt or abolish the sales and use
  13-26  tax authorized by this chapter at an election held in the county.
  13-27        <(b)  A county may not adopt a tax under this chapter if as a
   14-1  result of the adoption of the tax the combined rate of all sales
   14-2  and use taxes imposed by the county and other political
   14-3  subdivisions of this state having territory in the county would
   14-4  exceed two percent at any location in the county.>
   14-5        <(c)  If the voters of a county approve the adoption of the
   14-6  tax at an election held on the same election date on which another
   14-7  political subdivision adopts a sales and use tax or approves the
   14-8  increase in the rate of its sales and use tax and as a result the
   14-9  combined rate of all sales and use taxes imposed by the county and
  14-10  other political subdivisions of this state having territory in the
  14-11  county would exceed two percent at any location in the county, the
  14-12  election to adopt a sales and use tax under this chapter has no
  14-13  effect.>
  14-14        SECTION 16.  Section 324.022, Tax Code, is amended to read as
  14-15  follows:
  14-16        Sec. 324.022.  TAX RATE.  The rate of the tax authorized by
  14-17  this chapter is one-half, five-eighths, or three-fourths of one
  14-18  percent.
  14-19        SECTION 17.  Section 324.023(a), Tax Code, is amended to read
  14-20  as follows:
  14-21        (a)  The adoption or abolition, or an increase or reduction
  14-22  in the rate, of the tax takes effect on the first day of the first
  14-23  calendar quarter occurring after the expiration of the first
  14-24  complete calendar quarter occurring after the date on which the
  14-25  comptroller receives a notice of the results of the election.
  14-26        SECTION 18.  Sections 324.061(a) and (b), Tax Code, are
  14-27  amended to read as follows:
   15-1        (a)  An election to adopt or abolish, or increase or reduce
   15-2  the rate of,  the tax authorized by this chapter is called by the
   15-3  adoption of an order by the commissioners court of the county.  The
   15-4  commissioners court shall call an election if a number of qualified
   15-5  voters of the county equal to at least five percent of the number
   15-6  of registered voters in the county petitions the commissioners
   15-7  court to call the election.
   15-8        (b)  At the <an> election <to adopt the tax>, the ballot
   15-9  shall be prepared to permit voting for or against the proposition:
  15-10  "The adoption of a local sales and use tax  in  (name of county) at
  15-11  the rate of _______ of one <one-half> percent to provide revenue
  15-12  for health services in the county." (One-half, five-eighths, or
  15-13  three-fourths to be inserted, as appropriate.)
  15-14        SECTION 19.  Section 285.061(a), Health and Safety Code, is
  15-15  amended to read as follows:
  15-16        (a)  A hospital district that is authorized to impose ad
  15-17  valorem taxes may adopt a sales and use tax, change the rate of its
  15-18  sales and use tax, or abolish its sales and use tax at an election
  15-19  held as provided by this subchapter.  The <Subject to the
  15-20  limitations provided by Subsections (c) and (d), the> district may
  15-21  impose the tax at a rate in increments of one-eighth percent, not
  15-22  to exceed two and one-fourth <, one-fourth  percent, one-half
  15-23  percent, one percent, one and one-half percent, or two> percent.
  15-24        SECTION 20.  Section 775.0751(a), Health and Safety Code, is
  15-25  amended to read as follows:
  15-26        (a)  A district may adopt a sales and use tax, change the
  15-27  rate of its sales and use tax, or abolish its sales and use tax at
   16-1  an election held as provided by Section 775.0752.  The district may
   16-2  impose the tax at a rate  in increments of one-eighth percent, with
   16-3  the minimum tax rate equal to one-half percent and the maximum tax
   16-4  rate equal to two and one-fourth <of one-half percent, one percent,
   16-5  one and one-half percent, or two> percent.  Revenue from the tax
   16-6  may be used for any purpose for which ad valorem tax revenue of the
   16-7  district may be used.
   16-8        SECTION 21.  Section 776.0751(a), Health and Safety Code, is
   16-9  amended to read as follows:
  16-10        (a)  A district may adopt a sales and use tax, change the
  16-11  rate of its sales and use tax, or abolish its sales and use tax at
  16-12  an election held as provided by Section 776.0752.  The district may
  16-13  impose the tax at a rate  in increments of one-eighth percent, with
  16-14  the minimum tax rate equal to one-half percent and the maximum tax
  16-15  rate equal to two and one-fourth <of one-half percent, one percent,
  16-16  one and one-half percent, or two> percent.  Revenue from the tax
  16-17  may be used for any purpose for which ad valorem tax revenue of the
  16-18  district may be used.
  16-19        SECTION 22.  Section 4(e)(2)(A), Chapter 141, Acts of the
  16-20  63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
  16-21  Texas Civil Statutes), is amended to read as follows:
  16-22                    (A)  In addition to the methods of removal of
  16-23  board members provided by Subdivisions (1) and (4) of this
  16-24  subsection, board members of an authority <in which the rate of the
  16-25  sales and use tax is one percent and> whose principal city has a
  16-26  population of more than 1.6 million <1,200,000>, according to the
  16-27  most recent federal census, are subject to removal by the recall
   17-1  procedure provided by this subdivision.
   17-2        SECTION 23.  Section 4(e)(3), Chapter 141, Acts of the 63rd
   17-3  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
   17-4  Civil Statutes), is amended to read as follows:
   17-5              (3)  In an authority in which the principal city has a
   17-6  population of less than 500,000 according to the last preceding
   17-7  federal census and that was confirmed in a tax election before July
   17-8  1, 1985 <in which the rate of the sales and use tax is one
   17-9  percent>, a board member may be removed from office by a majority
  17-10  vote of the body that appointed that member for malfeasance or
  17-11  nonfeasance in office.
  17-12        SECTION 24.  Section 11B, Chapter 141, Acts of the 63rd
  17-13  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
  17-14  Civil Statutes), is amended to read as follows:
  17-15        Sec. 11B.   <(A)> Subject to approval at a tax election in
  17-16  accordance with this Act, the board of an authority shall be
  17-17  authorized to levy, collect and impose a local sales and use tax
  17-18  for the benefit of the authority.  The provisions of Chapter 322,
  17-19  Tax Code, shall be applicable to the levy, imposition and
  17-20  collection of such tax.  The <permissible rates for a> local sales
  17-21  and use tax may be imposed in increments of one-eighth percent,
  17-22  with the minimum tax rate equal to one-quarter of one percent and
  17-23  the maximum tax rate equal to one and one-quarter of one percent.
  17-24  <levied under this Act are>:
  17-25              <(1)  one-quarter of one percent;>
  17-26              <(2)  one-half of one percent;>
  17-27              <(3)  three-quarters of one percent; and>
   18-1              <(4)  one percent.>
   18-2        SECTION 25.  Section 11(f)(3), Chapter 683, Acts of the 66th
   18-3  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   18-4  Civil Statutes), is amended to read  as follows:
   18-5              (3)  If an authority created by a principal city having
   18-6  a population of more than 800,000 adds territory that is a city or
   18-7  town that imposes an additional sales and use tax under Chapter
   18-8  321, Tax Code, the additional sales and use tax is reduced to the
   18-9  highest rate allowable under Section 321.103(b), Tax Code, that
  18-10  will not result in exceeding the maximum combined local sales and
  18-11  use tax rates prescribed by Chapter 325, Tax Code, or if the rate
  18-12  cannot be reduced to a rate not in violation of Chapter 325, the
  18-13  additional sales and use tax is repealed as provided by Section
  18-14  321.1025, Tax Code.  The effective date for the reduction of a tax
  18-15  rate or the repeal and for the imposition of the tax authorized to
  18-16  be collected under Section 16 of this Act in the added territory is
  18-17  the date that, under Section 321.102(b), Tax Code, the rate
  18-18  reduction or  repeal of the additional sales and use tax is
  18-19  effective in the territory.
  18-20        SECTION 26.  Section 16(a), Chapter 683, Acts of the 66th
  18-21  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
  18-22  Civil Statutes), is amended to read as follows:
  18-23        (a)  Subject to approval at a confirmation election in
  18-24  accordance with this Act, the executive committee is authorized to
  18-25  levy, collect, and impose a local sales and use tax for the benefit
  18-26  of the authority.  The tax rate may be levied or collected only  in
  18-27  increments of one-eighth of one percent, with the minimum tax rate
   19-1  equal to one-quarter of one percent and the maximum tax rate equal
   19-2  to one and one-quarter of one <as a quarter of one percent, a half
   19-3  of one percent, three-quarters of one percent, or one> percent.
   19-4  The provisions of Chapter 322, Tax Code, shall be applicable to the
   19-5  levy, imposition, and collection of the tax.
   19-6        SECTION 27.  Section 5(a), Article 1118z, Revised Statutes,
   19-7  is amended to read as follows:
   19-8        (a)  When the board considers implementation of a mass
   19-9  transit plan developed by the department to be feasible, the board
  19-10  shall, unless  an additional sales and use tax has been imposed
  19-11  within the city at the maximum tax rate allowable under Section
  19-12  321.101(b), Tax Code, call an election to establish a source of
  19-13  continuing revenue for mass transit in the form of an additional
  19-14  local sales and use tax in an amount determined by the board as
  19-15  provided by  Subsection (a) of Section 8 of this article.  An
  19-16  election under this section may not be scheduled or held on the
  19-17  same day as an election held under Section 321.101(b), Tax Code, by
  19-18  the city.
  19-19        SECTION 28.  Section 8(a), Article 1118z, Revised Statutes,
  19-20  is amended to read as follows:
  19-21        (a)  Subject to approval at a tax election in accordance with
  19-22  this article, the board may levy and collect a local sales and use
  19-23  tax for financing of the system, the sales tax portion of which
  19-24  applies to receipts from the sale of all taxable items within the
  19-25  city or town that are subject to taxation under the Limited Sales,
  19-26  Excise, and Use Tax Act, Chapter 151, Tax Code.  The effective date
  19-27  of a local sales and use tax is the first day of the second
   20-1  calendar quarter that begins after the date the comptroller
   20-2  receives, under Subsection (f) of Section 5 of this article, notice
   20-3  of an order except as provided by Subsection (e) of this section.
   20-4  The <permissible rates for a> local sales and use tax  may be
   20-5  imposed in increments of one-eighth of one percent, with the
   20-6  minimum tax rate  equal to one-quarter of one percent and the
   20-7  maximum tax rate equal to three-quarters <levied under this article
   20-8  are:>
   20-9              <(1)  one quarter of one percent; and>
  20-10              <(2)  one half> of one percent.
  20-11        SECTION 29.  Section 3.03, Crime Control  and Prevention
  20-12  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
  20-13  amended to read as follows:
  20-14        Sec. 3.03.  ELECTION ORDER.  (a)  An order calling an
  20-15  election under Section 3.02 of this Act must state:
  20-16              (1)  the nature of the election, including the
  20-17  proposition that is to appear on the ballot;
  20-18              (2)  the date of the election;
  20-19              (3)  the hours during which the polls will be open;
  20-20              (4)  the location of the polling places;
  20-21              (5)  in summary form, the approved budget plan and
  20-22  crime control plan of the proposed district;  and
  20-23              (6)  the proposed rate of the sales and use tax for the
  20-24  district.
  20-25        (b)  The proposed rate for the district sales and use tax
  20-26  imposed under Subchapter B, Chapter 323, Tax Code, may be only:
  20-27              (1)  one-fourth of one percent; <or>
   21-1              (2)  three-eighths of one percent;
   21-2              (3)  one-half of one percent;
   21-3              (4)  five-eighths of one percent; or
   21-4              (5)  three-fourths of one percent.
   21-5        <(c)  A sales and use tax approved under this Act may  be
   21-6  charged in addition to any other sales and use tax authorized by
   21-7  law and is included in computing a combined sales and use tax rate
   21-8  for purposes of any limitation provided by law on the maximum
   21-9  combined sales and use tax rate of political subdivisions.>
  21-10        SECTION 30.  Sections 4A(d), (m), and (o), Development
  21-11  Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
  21-12  Statutes), are amended to read as follows:
  21-13        (d)  The city may levy a sales and use tax for the benefit of
  21-14  a corporation under this section if the tax is authorized by a
  21-15  majority of the qualified voters of the city voting at an election
  21-16  called and held for that purpose.  If the city adopts the tax,
  21-17  there is imposed a tax on the receipts from the sale at retail of
  21-18  taxable items within the city at the rate approved by the voters.
  21-19  The rate must be equal  to one-eighth, one-fourth, three-eighths,
  21-20  <or> one-half, five-eighths, or three-fourths of one percent. <The
  21-21  city may not adopt a rate that would result in  a combined rate of
  21-22  all sales and use taxes, including the tax under this section,
  21-23  imposed by the city and other political subdivisions of this state
  21-24  having territory in the city that exceeds two percent.  An election
  21-25  adopting a rate that exceeds the limit on the combined rate has no
  21-26  effect.>  There is  also imposed an excise tax on the use, storage,
  21-27  or other consumption within the city of taxable items purchased,
   22-1  leased, or rented from a retailer during the period that the tax is
   22-2  effective within the city.  The rate of the excise tax is the same
   22-3  as the rate of the sales tax portion of the tax and is applied to
   22-4  the sales price of the taxable items.
   22-5        (m)  In an election to adopt the tax under this section, the
   22-6  ballot shall be printed to provide for voting for or against the
   22-7  proposition:  "The adoption of a sales and use tax  for the
   22-8  promotion and development of new and expanded business enterprises
   22-9  at the rate of _____ of one percent" (one-eighth, one-fourth,
  22-10  three-eighths, <or> one-half, five-eighths, or three-fourths to be
  22-11  inserted as appropriate).
  22-12        (o)  In a city in which a sales and use tax for the benefit
  22-13  of a corporation has been imposed under this section, in the same
  22-14  manner and by the same procedure the city by majority vote of the
  22-15  qualified voters of the city voting at an election called and held
  22-16  for the purpose may reduce or increase the tax.  The rate may be
  22-17  reduced in one or more increments of one-eighth of one percent to a
  22-18  minimum of one-eighth of one percent or increased in one or more
  22-19  increments of one-eighth of one percent to a maximum of
  22-20  three-fourths <one-half> of one percent.  On petition of 10 percent
  22-21  or more of the registered voters of the city requesting an election
  22-22  on the increase or decrease of the tax under this section, the
  22-23  governing body of the city shall order an election on the issue.
  22-24  The ballot shall be printed in the same manner as the ballot under
  22-25  Subsection (m) of this section.
  22-26        SECTION 31.  Section 4B(a)(1), Development Corporation Act of
  22-27  1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
   23-1  read as follows:
   23-2              (1)  "Eligible city" means a city:
   23-3                    (A)  that is located in a county with a
   23-4  population of 750,000 or more, according  to the most recent
   23-5  federal decennial census, and in which the combined rate of all
   23-6  sales  and use taxes imposed by the city, the  state, and other
   23-7  political subdivisions of the state having territory in the city
   23-8  does not exceed 7.5 <7.25> percent on the date of any election held
   23-9  under or made applicable to this section;
  23-10                    (B)  that has  a population of 400,000 or more,
  23-11  according to the most recent federal decennial census, and that is
  23-12  located in more than one county,  and in which the combined rate of
  23-13  all sales and use taxes imposed by the city, the state, and other
  23-14  political subdivisions of the state having territory in the city,
  23-15  including taxes under this section, does not exceed 8.25 percent;
  23-16  or
  23-17                    (C)  to which Section 4A of this Act applies.
  23-18        SECTION 32.  Section 4B(e), Development Corporation Act of
  23-19  1979 (Article 5190.6, Vernon's Texas Civil Statutes), as amended by
  23-20  Section 3, Chapter 1022, and Section 12, Chapter 1031, Acts of the
  23-21  73rd Legislature, Regular Session, 1993, is amended to read as
  23-22  follows:
  23-23        (e)  The rate of a tax adopted under this section must be
  23-24  one-eighth, one-fourth, three-eighths, <or> one-half, five-eighths,
  23-25  or three-fourths of one percent.  The ballot proposition at the
  23-26  election held to adopt the tax must specify the rate of the tax to
  23-27  be adopted.  A corporation that holds  an election to reduce a tax
   24-1  imposed under Section 4A of this Act may in a separate proposition
   24-2  on the same ballot adopt a tax under this section.  If an eligible
   24-3  city adopts the tax, a tax is imposed on the receipts from the sale
   24-4  at retail of taxable items within the eligible city at the rate
   24-5  approved at the election.  There is also  imposed an excise tax on
   24-6  the use, storage, or other consumption within the eligible city of
   24-7  tangible personal property purchased, leased, or rented from a
   24-8  retailer during the period that the tax is effective within  the
   24-9  eligible city.  The rate of the excise tax is the same as the rate
  24-10  of the sales tax portion of the tax and is applied to the sale
  24-11  price of the tangible personal property.
  24-12        SECTION 33.  The following are repealed:
  24-13              (1)  Sections 321.101(e) and (f), Tax Code;
  24-14              (2)  Sections 285.061(c) and (d), Health and Safety
  24-15  Code;
  24-16              (3)  Sections 775.0751(c) and (d), Health and Safety
  24-17  Code;
  24-18              (4)  Sections 776.0751(c) and (d), Health and Safety
  24-19  Code;
  24-20              (5)  Sections 11A(i) and (j), Chapter 141, Acts of the
  24-21  63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
  24-22  Texas Civil Statutes);
  24-23              (6)  Sections 16(f) and (g), Chapter 683, Acts of the
  24-24  66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
  24-25  Texas Civil Statutes);
  24-26              (7)  Sections 8(g) and (h), Article 1118z, Revised
  24-27  Statutes; and
   25-1              (8)  Sections 4A(n) and (p), Development Corporation
   25-2  Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes).
   25-3        SECTION 34.  (a)  Except as provided by Section 35, this Act
   25-4  takes effect October 1, 1995.
   25-5        (b)  This Act applies to a sale, storage, use, or other
   25-6  consumption of a taxable item under Chapter 151, Tax Code, on or
   25-7  after that date.  The sale, storage, use, or other consumption of a
   25-8  taxable item before the effective date of this Act is governed by
   25-9  the law in effect at the time of the transaction, and that law is
  25-10  continued in effect for the enforcement and collection of those
  25-11  taxes.
  25-12        SECTION 35.  Notwithstanding any other law, no election may
  25-13  be held  to adopt or increase the  rate of a local sales and use
  25-14  tax, as defined by Section 325.001, Tax Code, as added by this Act,
  25-15  after the effective date of this section and before November 7,
  25-16  1995.  This section takes effect on the earliest date it may take
  25-17  effect under Section 39, Article III, Texas Constitution.
  25-18        SECTION 36.  The importance of this legislation and the
  25-19  crowded condition of the calendars in both houses create an
  25-20  emergency and an imperative public necessity that the
  25-21  constitutional rule requiring bills to be read on three several
  25-22  days in each house be suspended, and this rule is hereby suspended,
  25-23  and that this Act take effect and be in force according to its
  25-24  terms, and it is so enacted.