HBA-JRA H.B. 2138 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2138 By: Krusee Ways & Means 4/1/1999 Introduced BACKGROUND AND PURPOSE Under current law, metropolitan rapid transit authorities are authorized to collect a sales and use tax of up to one percent. Voters in the authority must authorize the tax to be collected. In some cases, authorization to collect the maximum tax rate was approved by the voters at the same election that created the authority, but the full amount was not collected initially. Consequently, the board of such an authority has been able to increase the tax rate without further approval by the voters. Currently, there is no method for the public to force the board to lower the rate. H.B. 2138 provides for the expiration of a tax rate of three-quarters of one percent or one percent that was set by an authority that set the tax at a rate lower than authorized and subsequently raised it back to the maximum permissible amount, unless the continuation of the tax rate is approved by the voters. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter I, Chapter 451, Transportation Code, by adding Section 451.4051, as follows: Sec. 451.4051. TAX RATE IN CERTAIN AUTHORITIES. (a) Makes this section applicable only to a rapid transit authority in which the governing body of the authority (board) has lowered the tax rate from the maximum permissible amount and subsequently raised the tax rate back to the maximum permissible amount. (b) Provides that a tax rate of three-quarters of one percent or one percent in effect on September 1, 1999, expires on December 1, 1999, unless the continuation of the tax rate is approved by a majority of the votes recorded at an election called for that purpose on the uniform election date in November 1999. (c) Requires the ballots at an election held under this section to printed to provide for voting for or against the proposition. Sets forth the required language of the ballot. Provides that Sections 451.411-451.413 (Results of Election; Notice), (Effective Date of Tax Rate Change), and (Tax Effective Dates after Election Contest), Transportation Code, apply to an election under this section as if the election were held to increase or decrease the tax rate. (d) Authorizes the board to set the tax rate at one-quarter of one percent or one-half of one percent if a tax rate expires under this section. SECTION 2.Emergency clause. Effective date: upon passage.