By Reyna of Bexar H.B. No. 3195
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of development corporations and advanced
1-3 transportation districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 451, Transportation Code, is amended by
1-6 adding Subchapter O to read as follows:
1-7 SUBCHAPTER O. ADVANCED TRANSPORTATION DISTRICT
1-8 Sec. 451.701. DEFINITIONS. In this subchapter:
1-9 (1) "District" means an advanced transportation
1-10 district created under this subchapter.
1-11 (2) "Participating unit" means a municipality or
1-12 county that joins a district under this subchapter.
1-13 Sec. 451.702. ELECTION AUTHORIZED. (a) The board of an
1-14 authority in which the sales and use tax is imposed at a rate of
1-15 one-half of one percent may order an election to create an advanced
1-16 transportation district within the authority's boundaries and to
1-17 impose a sales and use tax at the rate of one-half of one percent
1-18 for advanced transportation and local development under this
1-19 subchapter.
1-20 (b) The board must provide a copy of the election order to
1-21 the governing body of each municipality and the commissioners court
2-1 of each county any part of which is in the authority.
2-2 (c) The authority shall pay the costs of an election held
2-3 under this subchapter.
2-4 Sec. 451.703. CONDUCT OF INITIAL ELECTION: SEPARATE RESULT.
2-5 The election shall be conducted so that votes are separately
2-6 tabulated and canvassed and that the result is declared in each
2-7 unit of election in the authority as follows:
2-8 (1) each municipality in the authority; and
2-9 (2) the unincorporated area of a county in the
2-10 authority.
2-11 Sec. 451.704. BALLOT PROPOSITION. At the election, the
2-12 ballots shall be prepared to permit voting for or against the
2-13 following proposition: "The creation of an advanced transportation
2-14 district and the imposition of a sales and use tax at the rate of
2-15 one-half of one percent for advanced transportation and local
2-16 development."
2-17 Sec. 451.705. RESULTS OF ELECTION; ORDER. (a) If a
2-18 majority of the votes cast in the principal municipality of the
2-19 authority are in favor of the proposition, the district is created
2-20 and includes:
2-21 (1) the principal municipality;
2-22 (2) each municipality in which a majority of the votes
2-23 cast favor the proposition; and
2-24 (3) the unincorporated area of each county in which a
2-25 majority of the votes cast favor the proposition.
3-1 (b) If the district is created, the board shall record the
3-2 results in its minutes and adopt an order:
3-3 (1) declaring that the district is created;
3-4 (2) describing the territory of the district;
3-5 (3) stating the date of the election;
3-6 (4) containing the proposition;
3-7 (5) showing the number of votes cast for or against
3-8 the proposition in each unit of election; and
3-9 (6) showing the number of votes by which the
3-10 proposition was approved in each unit of election in which the
3-11 proposition was approved.
3-12 (c) The order must be accompanied with a map of the
3-13 authority that shows the boundaries of the authority.
3-14 (d) A copy of the order and map shall be filed:
3-15 (1) with the department;
3-16 (2) with the comptroller; and
3-17 (3) in the deed records of each county in which the
3-18 authority is located.
3-19 Sec. 451.706. SUBSEQUENT ELECTIONS. (a) If the voters of a
3-20 municipality of the authority do not vote to join the district at
3-21 the initial election under Section 451.703, the governing body of
3-22 the municipality may order an election at a later date on the
3-23 question of joining the district.
3-24 (b) If the voters of the unincorporated area of a county do
3-25 not vote to join the district at the initial election under Section
4-1 451.703, the commissioners court of the county may order an
4-2 election at a later date on the question of joining the district.
4-3 (c) An election ordered under this section shall be held in
4-4 the same manner as the initial election, except that the
4-5 governmental entity ordering the election shall pay the costs of
4-6 the election, canvass the vote, declare the results, and notify the
4-7 district of the results of the election.
4-8 Sec. 451.707. LIMITATION ON TAX RATE. (a) The combined
4-9 rate of all sales and use taxes imposed by the district and all
4-10 other political subdivisions of the state may not exceed two
4-11 percent in any location in the district.
4-12 (b) If after an election held under Section 451.703 or
4-13 451.706 the imposition of the district's tax in a participating
4-14 unit would exceed the limit imposed under Subsection (a), the
4-15 election of a participating unit to join the district repeals all
4-16 local sales and use taxes in that unit except for:
4-17 (1) the sales and use tax of the authority; and
4-18 (2) a sales and use tax of not more than one percent
4-19 imposed by a municipality under Section 321.101(a) or 321.103(a),
4-20 Tax Code.
4-21 (c) The sales and use tax authorized by this subchapter and
4-22 the repeal of any local sales and use taxes under this section take
4-23 effect on the first day of the second calendar quarter beginning
4-24 after the date the comptroller receives a copy of the order
4-25 canvassing the results of the election.
5-1 Sec. 451.708. USE OF TAX PROCEEDS. (a) Before January 1,
5-2 2010, 50 percent of the proceeds of the district's sales and use
5-3 tax collected in a participating unit shall be distributed by the
5-4 district to the governing body of that unit. The governing body of
5-5 the unit may use this money to perform any activity or purpose for
5-6 which a special district that is funded by a sales and use tax
5-7 approved at an election may perform under laws in effect on January
5-8 1, 1999.
5-9 (b) Proceeds remaining after the distribution required under
5-10 Subsection (a) may be used by the district for light rail,
5-11 commuter rail, fixed guideways, high occupancy vehicle lanes, and
5-12 traffic monitoring systems and other advanced transportation
5-13 facilities and services, including planning, feasibility studies,
5-14 and professional and other services in connection with advanced
5-15 facilities and services.
5-16 Sec. 451.709. DEVELOPMENT CORPORATION. As an alternative to
5-17 the use of the tax proceeds provided by Section 451.708, a district
5-18 may create a development corporation in the same manner and for the
5-19 same purposes as a city under Section 4A, Development Corporation
5-20 Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), or a
5-21 city or eligible city under Section 4B, Development Corporation Act
5-22 of 1979 (Article 5190.6, Vernon's Texas Civil Statutes). A local
5-23 sales and use tax collected by the district on behalf of the
5-24 corporation may not exceed the limit imposed by Section 451.707.
5-25 Sec. 451.710. GOVERNANCE OF DISTRICT. (a) The board of the
6-1 authority shall act as the governing body of the district and is
6-2 responsible for the management, operation, and control of the
6-3 district.
6-4 (b) The business of the district is conducted through its
6-5 governing body and by the employees of the authority acting under
6-6 the control and direction of the general manager of the authority.
6-7 (c) The district may enter into contracts with the authority
6-8 or other private or public entities to conduct the business of the
6-9 district.
6-10 (d) Except as otherwise provided by this subchapter, the
6-11 district has the same powers of the authority that called the
6-12 election creating the district as provided by Subchapters B, C, F,
6-13 H, I, and K.
6-14 Sec. 451.711. DISTRICT ASSETS AND RECORDKEEPING. (a) An
6-15 asset of the district shall be held in the name of the authority.
6-16 (b) The authority shall keep separate books and accounting
6-17 records for the funds, revenues, expenses, and other property of
6-18 the district.
6-19 Sec. 451.712. NATURE OF DISTRICT. The district is a
6-20 governmental unit under Chapter 101, Civil Practice and Remedies
6-21 Code, and the operations of the district are not proprietary
6-22 functions for any purpose, including the application of Chapter
6-23 101, Civil Practice and Remedies Code.
6-24 Sec. 451.713. ANNEXATION OF TERRITORY BY MUNICIPALITY. On
6-25 annexation by a municipality that is in the district, territory
7-1 that is not in the district becomes part of the district.
7-2 SECTION 2. The importance of this legislation and the
7-3 crowded condition of the calendars in both houses create an
7-4 emergency and an imperative public necessity that the
7-5 constitutional rule requiring bills to be read on three several
7-6 days in each house be suspended, and this rule is hereby suspended,
7-7 and that this Act take effect and be in force from and after its
7-8 passage, and it is so enacted.