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.
1-48 * * * * *