By Christian                                          H.B. No. 3851
         76R12866 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain municipalities to impose a
 1-3     sales and use tax to retire the debt of a municipal power agency
 1-4     created by the municipalities.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 163, Utilities Code, is
 1-7     amended by adding Section 163.103 to read as follows:
 1-8           Sec. 163.103.  AUTHORITY TO IMPOSE SALES AND USE TAX.  (a)
 1-9     Except to the extent that a provision of this section applies,
1-10     Chapter 321, Tax Code, applies to the tax authorized by this
1-11     section in the same manner as that chapter applies to the tax
1-12     authorized by that chapter.  Section 321.101(f), Tax Code, does not
1-13     apply to the tax authorized by this section.
1-14           (b)  A municipality that participates in a municipal power
1-15     agency created under this subchapter may adopt or abolish the sales
1-16     and use tax authorized by this section at an election held in the
1-17     municipality. The rate of the tax authorized by this section is
1-18     one-half percent.
1-19           (c)  The adoption or abolition of the tax takes effect on the
1-20     first day of the first calendar quarter occurring after the
1-21     expiration of the first complete calendar quarter occurring after
1-22     the date the comptroller receives a notice of the results of the
1-23     election.  If the comptroller determines that an effective date
1-24     provided by this subsection will occur before the comptroller can
 2-1     reasonably take the action required to begin collecting the tax or
 2-2     to implement the abolition of the tax, the effective date may be
 2-3     extended by the comptroller until the first day of the next
 2-4     succeeding calendar quarter.
 2-5           (d)  An election to adopt or abolish the tax authorized by
 2-6     this section is called by the adoption of an order by the governing
 2-7     body of the municipality.  The governing body shall call an
 2-8     election if a number of qualified voters of the municipality equal
 2-9     to at least five percent of the number of registered voters in the
2-10     municipality petitions the governing body to call the election.
2-11           (e)  At an election to adopt the tax, the ballot shall be
2-12     prepared to permit voting for or against the proposition:  "The
2-13     adoption of a sales and use tax in _________(name of municipality)
2-14     at the rate of one-half percent to provide revenue to retire the
2-15     municipality's share of the bonded indebtedness of the ______(name
2-16     of agency) municipal power agency."
2-17           (f)  At an election to abolish the tax, the ballot shall be
2-18     prepared to permit voting for or against the proposition:  "The
2-19     abolition of the sales and use tax in _________(name of
2-20     municipality) used to retire the municipality's share of the bonded
2-21     indebtedness of the ______(name of agency) municipal power agency."
2-22           (g)  Revenue from the tax imposed under this section may be
2-23     used only to retire the municipality's share of the bonded
2-24     indebtedness, on September 1, 1999, of the municipal power agency
2-25     in which the municipality participates.  If the municipal power
2-26     agency has not determined a municipality's share of the bonded
2-27     indebtedness on or before September 1, 1999, the municipality's
 3-1     share of the debt shall be determined in accordance with the ratio
 3-2     that the population of the municipality bears to the total
 3-3     population of all participating public entities.
 3-4           (h)  A sales and use tax imposed under this section may not
 3-5     be collected after the last day of the first calendar quarter
 3-6     occurring after the earlier of:
 3-7                 (1)  the 10th anniversary of the date the municipality
 3-8     began collecting the tax; or
 3-9                 (2)  the date the municipality notifies the comptroller
3-10     that the municipality has abolished the tax or that the
3-11     municipality's share of the bonded indebtedness has been paid in
3-12     full or the full amount of money, excluding guaranteed interest,
3-13     necessary to pay in full the municipality's share of the bonded
3-14     indebtedness has been set aside in a trust account dedicated to the
3-15     payment of the bonds.
3-16           (i)  The municipality shall notify the comptroller of the
3-17     expiration of the tax not later than the 60th day before the
3-18     expiration date.
3-19           SECTION 2.  This Act takes effect September 1, 1999.
3-20           SECTION 3.  The importance of this legislation and the
3-21     crowded condition of the calendars in both houses create an
3-22     emergency and an imperative public necessity that the
3-23     constitutional rule requiring bills to be read on three several
3-24     days in each house be suspended, and this rule is hereby suspended.