By Duncan S.B. No. 590
75R5393 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption or increase of local sales and use taxes
1-3 by a municipality or county in which previous elections adopting
1-4 the taxes are invalid.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 321.101, Tax Code, is amended by adding
1-7 Subsection (h) to read as follows:
1-8 (h) A municipality in which the adoption or increase of a
1-9 sales and use tax approved by the voters in an election held after
1-10 September 1, 1995, and before December 31, 1995, is void under
1-11 Subsection (f) because it resulted in the imposition of local
1-12 sales and use taxes that exceeded two percent at any location in
1-13 the municipality may, notwithstanding Subsection (f), adopt or
1-14 increase the sales and use tax previously approved by the voters by
1-15 an ordinance or resolution of the governing body of the
1-16 municipality. The governing body of the municipality must decide
1-17 to adopt or increase the sales and use tax before June 30, 1997.
1-18 If the governing body of the municipality adopts or increases the
1-19 sales and use tax under this subsection, the municipal secretary
1-20 shall send to the comptroller by certified or registered mail a
1-21 certified copy of the ordinance or resolution. The tax takes
1-22 effect on the first day of October following the expiration of the
1-23 first complete calendar quarter occurring after the date on which
1-24 the comptroller receives the ordinance or resolution. This
2-1 subsection expires October 1, 1998.
2-2 SECTION 2. Section 323.101, Tax Code, is amended by adding
2-3 Subsection (g) to read as follows:
2-4 (g) A county in which the adoption or increase of a sales
2-5 and use tax approved by the voters in an election held after
2-6 September 1, 1995, and before December 31, 1995, is void under
2-7 Subsection (e) because it resulted in the imposition of local
2-8 sales and use taxes that exceeded two percent at any location in
2-9 the county may, notwithstanding Subsection (e), adopt or increase
2-10 the sales and use tax previously approved by the voters by a
2-11 resolution of the commissioners court of the county. The
2-12 commissioners court must decide to adopt or increase the sales and
2-13 use tax before June 30, 1997. If the commissioners court adopts or
2-14 increases the sales and use tax under this subsection, the county
2-15 judge shall send to the comptroller by certified or registered mail
2-16 a certified copy of the resolution. The tax takes effect on the
2-17 first day of October following the expiration of the first complete
2-18 calendar quarter occurring after the date on which the comptroller
2-19 receives the resolution. This subsection expires October 1, 1998.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.