Amend CSHB 92 as follows:
(1) On page 4, line 11, strike "; and" and substitute ";".
(2) On page 4, between lines 11 and 12, insert the
following:
(2) to the extent required by Section 334.0235 or
334.0236, a rapid transit authority determines that the
implementation of the resolution will not have a significant
negative impact on the authority's ability to provide services and
will not impair any existing contracts; and
(3) On page 4, line 12, strike "(2)" and substitute "(3)".
(4) On page 6, between lines 12 and 13, insert the
following:
Sec. 334.0235. TRANSPORTATION AUTHORITY IMPACT
ANALYSIS. (a) If the resolution contains a proposed sales and use
tax under Subchapter D, and imposition of the tax would result in
the reduction of the tax rate of a rapid transit authority created
under Chapter 451, Transportation Code, the municipality or county
shall send a copy of the resolution to the authority before calling
an election on the resolution under Section 334.024.
(b) Before the 30th day after the date the rapid transit
authority receives the copy of the resolution, the authority shall:
(1) perform an analysis to determine if implementation
of the proposed sales and use tax and the resulting reduction in
the authority's tax rate will:
(A) have a significant negative impact on the
authority's ability to provide services; or
(B) impair any existing contracts; and
(2) provide to the municipality or county written
notice of the results of the analysis.
(c) If the rapid transit authority determines that
implementation of the resolution will have a significant negative
impact on the authority's ability to provide services or will
impair any existing contracts, the written analysis required under
Subsection (b)(2) must include information on how to change the
resolution so that implementation on how to change the resolution
so that implementation will not have a significant negative impact
on the authority's ability to provide service or will not impair
any existing contracts.
(d) If the rapid transit authority does not complete the
analysis and provide the notice before the 30th day after the date
the authority receives the copy of the resolution, the authority is
considered to have determined that implementation of the resolution
will not have a significant negative impact on the authority's
ability to provide services and will not impair any existing
contracts.
Sec. 334.0236. APPEAL OF AUTHORITY DETERMINATION. (a) If a
rapid transit authority determines under Section 334.0235 that
implementation of the resolution will have a significant negative
impact on the authority's ability to provide services or will
impair an existing contract, the municipality or county may contest
the finding by filing an appeal with the authority not later than
the 10th day after the date the municipality or county receives the
written notice under Section 334.0235.
(b) Before the 11th day after the date the rapid transit
authority receives the appeal under Subsection (a), the authority
shall perform a new analysis to determine if implementation of the
resolution will have a significant negative impact on the
authority's ability to provide services or will impair an existing
contract and provide to the municipality or county written notice
of the results of the analysis.
(c) If the authority again determines that implementation
will have a significant negative impact on the authority's ability
to provide services or will impair an existing contract, the
written analysis required under Subsection (b) must include
additional information on how to change the resolution so that
implementation will not have a significant negative impact on the
authority's ability to provide services and will not impair an
existing contract.
(d) If the rapid transit authority does not comply with
Subsection (b) before the 11th day after the date the authority
receives the appeal or request for information, the authority is
considered to have determined that approval and implementation of
the resolution will not have a significant negative impact on the
authority's ability to provide services and will not impair any
existing contracts.
(5) On page 6, line 16, after "revenue," insert "and, if
applicable, the rapid transit authority determines under Section
334.0235 or 334.0236 that the implementation will not have a
significant negative impact on the authority's ability to provide
service and will not impair any existing contracts,".
(6) On page 13, line 25, after the period, add the
following:
If the municipality or county is located within the
boundaries of only one taxing authority, and the adoption or
increase of the tax under this subchapter will result in a decrease
of the tax rate of the taxing authority, the ballot at an election
to impose or increase the tax must clearly state that the adoption
or increase of the tax will result in a reduction of the tax rate
of the taxing authority.
(7) On page 15, line 4, between "REVENUES." AND "revenue",
insert "(a)".
(8) On page 15, between lines 6 and 7, insert the following:
(b) Notwithstanding Section 334.042, if the municipality or
county is included within the boundaries of a rapid transit
authority created under Chapter 451, Transportation Code, and the
adoption or increase of the tax under this subchapter results in a
reduction of the tax rate of the authority, the municipality or
county may use revenue from the tax imposed under this subchapter
only for a purpose for which the authority could have used the
revenue.
(9) On page 37, line 9, strike "; and" and substitute ";".
(10) On page 37, between lines 9 and 10, insert the
following:
(2) to the extent required by Section 335.0535 or
335.0536, a rapid transit authority determines that the
implementation of the resolution will not have a significant
negative impact on the authority's ability to provide services and
will not impair any existing contracts; and
(11) On page 37, line 10, strike "(2)" and substitute "(3)".
(12) On page 39, between lines 10 and 11, insert the
following:
Sec. 335.0535. TRANSPORTATION AUTHORITY IMPACT
ANALYSIS. (a) If the resolution contains a proposed sales and use
tax under Subchapter D, Chapter 334, and imposition of the tax
would result in the reduction of the tax rate of a rapid transit
authority created under Chapter 451, Transportation Code, the
district shall send a copy of the resolution to the authority
before calling an election on the resolution under Section 335.054.
(b) Before the 30th day after the date the rapid transit
authority receives the copy of the resolution, the authority shall:
(1) perform an analysis to determine if implementation
of the proposed sales and use tax and the resulting reduction in
the authority's tax rate:
(A) have a significant negative impact on the
authority's ability to provide services; or
(B) impair any existing contracts; and
(2) provide to the district written notice of the
results of the analysis.
(c) If the rapid transit authority determines that
implementation of the resolution will have a significant negative
impact on the authority's ability to provide services or will
impair any existing contracts, the written analysis required under
Subsection (b)(2) must include information on how to change the
resolution so that implementation will not have a significant
negative impact on the authority's ability to provide service or
will not impair any existing contracts.
(d) If the rapid transit authority does not complete the
analysis and provide the notice before the 30th day after the date
the authority receives the copy of the resolution, the authority is
considered to have determined that implementation of the resolution
will not have a significant negative impact on the authority's
ability to provide services and will not impair any existing
contracts.
Sec. 335.0536. APPEAL OF AUTHORITY DETERMINATION. (a) If a
rapid transit authority determines under Section 335.0535 that
implementation of the resolution will have a significant negative
impact on the authority's ability to provide services or will
impair an existing contract, the district may contest the finding
by filing an appeal with the authority not later than the 10th day
after the date the district receives the written notice under
Section 335.0535.
(b) Before the 11th day after the date the rapid transit
authority receives the appeal under Subsection (a), the authority
shall perform a new analysis to determine if implementation of the
resolution will have a significant negative impact on the
authority's ability to provide services or will impair an existing
contract and provide to the district written notice of the results
of the analysis.
(c) If the authority again determines that implementation
will have a significant negative impact on the authority's ability
to provide services or will impair an existing contract, the
written analysis required under Subsection (b) must include
additional information on how to change the resolution so that
implementation will not have a significant negative impact on the
authority's ability to provide services and will not impair an
existing contract.
(d) If the rapid transit authority does not comply with
Subsection (b) before the 11th day after the date the authority
receives the appeal or request for information, the authority is
considered to have determined that approval and implementation of
the resolution will not have a significant negative impact on the
authority's ability to provide services and will not impair any
existing contracts.
(13) On page 39, line 14, after "revenue," insert "and, if
applicable, the rapid transit authority determines under Section
335.0535 or 335.0536 that the implementation will not have
significant impact on the authority's ability to provide service
and will not impair any existing contracts,".