By Culberson                                    H.B. No. 2258

      75R4835 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the imposition of taxes or fees in certain water

 1-3     districts.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 53, Water Code, is amended

 1-6     by adding Section 53.089 to read as follows:

 1-7           Sec. 53.089.  APPROVAL OF CERTAIN ACTIONS.  (a)  A political

 1-8     subdivision that seeks to impose a tax or fee on a person living in

 1-9     any part of a freshwater supply district shall, not later than the

1-10     180th day before the date of the imposition of the tax or fee,

1-11     inform the board, in writing, of the political subdivision's

1-12     intention.

1-13           (b)  The board, on receipt of the notice, shall conduct an

1-14     election on the issue of whether the tax or fee may be imposed in

1-15     the district. The election must be conducted not later than the

1-16     10th day before the date of the imposition of the tax or fee.

1-17           (c)  The ballot proposition for an election under this

1-18     section must be printed to permit voting for or against the

1-19     imposition of the tax or fee by the political subdivision in the

1-20     specified part of the district. All voters in the district may vote

1-21     on the proposition.

1-22           (d)  If a majority of voters voting at the election approve

1-23     the proposition, the tax or fee may be imposed.  If a majority of

1-24     voters voting at the election disapprove the proposition, the

 2-1     political subdivision may not impose the tax or fee and may not

 2-2     propose to impose any tax or fee in the district until the fifth

 2-3     anniversary after the date of the election.

 2-4           (e)  The provisions of this section also apply to districts

 2-5     established or operating under this title.

 2-6           SECTION 2.  (a)  This Act takes effect September 1, 1997, and

 2-7     applies to the imposition of taxes and fees by a political

 2-8     subdivision on or after the effective date of this Act. The

 2-9     imposition of taxes or fees by a political subdivision before the

2-10     effective date of this Act is governed by the law as it existed

2-11     immediately before the effective date of this Act, and that law is

2-12     continued in effect for that purpose.

2-13           (b)  This Act applies only to a new tax or fee imposed by a

2-14     political subdivision. This Act does not apply to the change in a

2-15     tax or fee imposed by a political subdivision.

2-16           SECTION 3.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.