JWB S.B. 1805 75(R)BILL ANALYSIS


WAYS & MEANS
S.B. 1805
By: Nixon, Drew (Sadler)
5-13-97
Committee Report (Unamended)



BACKGROUND 

Current law allows municipalities to submit tax proposals to the voters
for approval. In certain instances (the city of Carthage, for example),
municipalities have given proposals to the voters adopting two tax
proposals in a single proposition.  This combination of two tax proposals
into one proposal was found to be unauthorized by the attorney general.  

PURPOSE

The bill outlines provisions regarding the adoption or increase of local
sales and use taxes by a municipality or county in which previous
elections adopting the new taxes are invalid. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 321.101, Tax Code (Tax Authorized), by adding
Subsection (i) to provide that a municipality in which the adoption or
increase of a sales and use tax approved by the voters in an election held
after May 1, 1995, and before December 31, 1995, is invalid because it
combined into a single proposition proposals for adopting an economic
development sales and use tax under Section 4B, Article 5190.6, Vernon's
Texas Civil Statutes, and an additional sales and use tax under Section
321.101(b), Tax Code (Tax Authorized), may adopt or increase the sales and
use tax previously approved by the voters.  Provides that if the governing
body of the municipality adopts or increases the sales and use tax under
this subsection, the municipal secretary shall send to the comptroller, by
certified or registered mail, a certified copy of the ordinance or
resolution.  Provides that the tax takes effect on the first day of the
month following the expiration of the calendar quarter occurring after the
date on which the comptroller receives the ordinance or resolution. 

SECTION 2.Emergency clause.  Effective date: upon passage.