1-1 AN ACT
1-2 relating to voter authorization for additional projects by certain
1-3 economic development corporations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4A, Development Corporation Act of 1979
1-6 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
1-7 adding Subsection (s) to read as follows:
1-8 (s)(1) A city that creates or has created a corporation
1-9 governed by this section may submit to the voters of the city, at a
1-10 separate election to be held on a uniform election date or at an
1-11 election held under another provision of this Act, including the
1-12 election at which the proposition to initially authorize the
1-13 collection of a sales and use tax for the benefit of the
1-14 corporation is submitted, a ballot proposition that authorizes the
1-15 corporation to use the sales and use tax, including any amount
1-16 previously authorized and collected, for a specific project or for
1-17 a specific category of projects that does not qualify under this
1-18 section but qualifies under Section 4B of this Act. Prior approval
1-19 of a specific project at an election or completion of a specific
1-20 project approved at an election does not prohibit a city from
1-21 seeking voter approval of an additional project or category of
1-22 projects under this subsection to be funded from the same sales and
1-23 use tax.
1-24 (2) In the election to authorize the use of the sales
2-1 or use tax for a specific project or for a specific category of
2-2 projects not authorized under this section, the project or category
2-3 of projects must be clearly described on the ballot so that a voter
2-4 will be able to discern the limits of the specific project or
2-5 category of projects authorized by the proposition. If maintenance
2-6 and operating costs of an otherwise authorized facility are to be
2-7 paid from the sales or use tax, the ballot language must clearly
2-8 state that fact.
2-9 (3) Before an election may be held under this
2-10 subsection, a public hearing shall be held in the city to inform
2-11 the residents of the city of the cost and impact of the project or
2-12 category of projects. At least 30 days before the date set for the
2-13 hearing, a notice of the date, time, place, and subject of the
2-14 hearing shall be published in a newspaper with general circulation
2-15 in the city in which the project is located. The notice should be
2-16 published on a weekly basis until the date of the hearing.
2-17 (4) If a majority of the voters voting on the issue do
2-18 not approve a specific project or a specific category of projects
2-19 at an election under this subsection, another election may not be
2-20 held on the same project or category of projects before the first
2-21 anniversary of the date of the most recent election disapproving
2-22 the project or category of projects.
2-23 (5) Projects undertaken under this subsection are
2-24 governed by the provisions of this section including the provisions
2-25 relating to the authorization and expiration of any sales and use
2-26 tax.
2-27 SECTION 2. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1525 was passed by the House on April
8, 1997, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1525 on May 29, 1997, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1525 on June 1, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1525 was passed by the Senate, with
amendments, on May 27, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1525 on June 1, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor