1-1     By:  Nelson                                           S.B. No. 1425

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 25, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 10, Nays 0;

 1-6     April 25, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1425                 By:  Lindsay

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to confirmation elections for and costs relating to the

1-11     establishment of certain county development districts.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsection (a), Section 312.610, Tax Code, is

1-14     amended to read as follows:

1-15           (a)  After the hearing, if it is found that the petition

1-16     conforms to the requirements of Section 312.6055 and that the

1-17     creation of the district and the proposed project is feasible and

1-18     necessary and would serve the public purpose of attracting visitors

1-19     or [and] tourists to the county, the commissioners court may

1-20     [shall] so find and enter an order creating the district.  The

1-21     order creating the district may specify the cost to the county of

1-22     publishing notice and conducting hearings for the creation of the

1-23     district together with the cost of conducting the confirmation and

1-24     sales and use tax election.  The county may require the petitioner

1-25     to pay to the county the amounts specified in the order creating

1-26     the district at the time the order becomes final.

1-27           SECTION 2.  Section 312.617, Tax Code, is amended by adding

1-28     Subsection (d) to read as follows:

1-29           (d)  In the event 10 or fewer votes are cast in the

1-30     confirmation and sales and use tax election, within 90 days

1-31     following the entry of the order canvassing the election the

1-32     proceedings of the election, including voter affidavits as to

1-33     residency and qualification to vote, shall be submitted to the

1-34     attorney general.

1-35           SECTION 3.  This Act applies only to a county development

1-36     district created on or after the effective date of this Act.  A

1-37     county development district created before the effective date of

1-38     this Act is governed by the law applicable to the district

1-39     immediately before the effective date of this Act, and that law is

1-40     continued in effect for that purpose.

1-41           SECTION 4.  The importance of this legislation and the

1-42     crowded condition of the calendars in both houses create an

1-43     emergency and an imperative public necessity that the

1-44     constitutional rule requiring bills to be read on three several

1-45     days in each house be suspended, and this rule is hereby suspended,

1-46     and that this Act take effect and be in force from and after its

1-47     passage, and it is so enacted.

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