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