By:  Wentworth                                         S.B. No. 439
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to an additional sales tax in certain municipalities for
    1-2  ad valorem property tax relief.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 321.101, Tax Code, is amended to read as
    1-5  follows:
    1-6        Sec. 321.101.  Tax Authorized.  (a)  A municipality may adopt
    1-7  or repeal a sales and use tax authorized by this chapter, other
    1-8  than the additional municipal sales and use tax, at an election in
    1-9  which a majority of the qualified voters of the municipality
   1-10  approve the adoption or repeal of the tax.
   1-11        (b)  A municipality that is not disqualified may, by a
   1-12  majority vote of the qualified voters of the municipality voting at
   1-13  an election held for that purpose, adopt an additional sales and
   1-14  use tax for the benefit of the municipality in accordance with this
   1-15  chapter.  A municipality is disqualified from adopting the
   1-16  additional sales and use tax if the municipality:
   1-17              (1)  is included within the boundaries of a rapid
   1-18  transit authority created under Chapter 141, Acts of the 63rd
   1-19  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
   1-20  Civil Statutes);
   1-21              (2)  is included within the boundaries of a regional
   1-22  transportation authority created under Chapter 683, Acts of the
   1-23  66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
    2-1  Texas Civil Statutes), by a principal city having a population of
    2-2  less than 800,000, unless the city has a population of 400,000 or
    2-3  more and is located in more than one county;
    2-4              (3)  is wholly or partly located in a county that
    2-5  contains territory within the boundaries of a regional
    2-6  transportation authority created under Chapter 683, Acts of the
    2-7  66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's
    2-8  Texas Civil Statutes), by a principal city having a population in
    2-9  excess of 800,000, unless:
   2-10                    (A)  the city is a contiguous city; or
   2-11                    (B)  the municipality is not included within the
   2-12  boundaries of the authority and is located wholly or partly in a
   2-13  county in which fewer than 250 persons are residents of both the
   2-14  county and the authority according to the most recent federal
   2-15  census; or
   2-16                    (C)  the municipality is not and on January 1,
   2-17  1993, was not included within the boundaries of the authority; or
   2-18              (4)  imposes a tax authorized by Article 1118z, Revised
   2-19  Statutes.
   2-20        (c)  A municipality is not disqualified from adopting an
   2-21  additional sales and use tax if the municipality has not elected to
   2-22  participate in the authorities listed in Subsection (b) and does
   2-23  not impose the tax authorized under those subdivisions.
   2-24        (d)  For the purposes of Subsection (b), "principal city" and
   2-25  "contiguous city" have the meanings assigned by Chapter 683, Acts
    3-1  of the 66th Legislature, Regular Session, 1979 (Article 1118y,
    3-2  Vernon's Texas Civil Statutes).
    3-3        (e) <(d)>  In any municipality in which an additional sales
    3-4  and use tax has been imposed, in the same manner and by the same
    3-5  procedure the municipality by majority vote of the qualified voters
    3-6  of the municipality voting at an election held for that purpose may
    3-7  reduce, increase, or abolish the additional sales and use tax.
    3-8        (f) <(e)>  An authority created under Chapter 141, Acts of
    3-9  the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   3-10  Vernon's Texas Civil Statutes), or Chapter 683, Acts of the 66th
   3-11  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   3-12  Civil Statutes), is prohibited from imposing the tax provided for
   3-13  in those Acts if within the boundaries of the authority there is a
   3-14  municipality that has adopted the additional sales and use tax
   3-15  provided for in this section.
   3-16        (g) <(f)>  A municipality may not adopt or increase a sales
   3-17  and use tax or an additional sales and use tax under this section
   3-18  if as a result of the adoption or increase of the tax the combined
   3-19  rate of all sales and use taxes imposed by the municipality and
   3-20  other political subdivisions of this state having territory in the
   3-21  municipality would exceed two percent at any location in the
   3-22  municipality.
   3-23        (h) <(g)>  For the purposes of Subsection (g)<(f)>,
   3-24  "territory" in a municipality having a population of 5,000 or less
   3-25  and bordering on the Gulf of Mexico does not include any area
    4-1  covered by water and in which no person has a place of business to
    4-2  which a sales tax permit issued under Subchapter F of Chapter 151
    4-3  applies.
    4-4        SECTION 2.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency and an imperative public necessity that the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.