By Brown                                               S.B. No. 683
         76R4825 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain municipalities and counties to
 1-3     impose a sales and use tax to fund venue projects.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 334.085(b) and (b-1), Local Government
 1-6     Code, are amended to read as follows:
 1-7           (b)  Except as provided by Subsection (b-1) and Section
 1-8     334.0855, if a municipality or county is included within the
 1-9     boundaries of another taxing authority and the adoption or increase
1-10     of the tax under this subchapter would result in a combined tax
1-11     rate of more than two percent in any location in the municipality
1-12     or county, the election to approve or increase the tax under this
1-13     chapter is to be treated for all purposes as an election to reduce
1-14     the tax rate of the other taxing authority [(except a rapid transit
1-15     authority created under Chapter 451, Transportation Code)] to the
1-16     highest rate that will not result in a combined tax rate of more
1-17     than two percent in any location in the municipality or county.  If
1-18     the municipality or county is located within the boundaries of only
1-19     one taxing authority, and the adoption or increase of the tax under
1-20     this subchapter will result in a decrease of the tax rate of the
1-21     taxing authority, the ballot at an election to impose or increase
1-22     the tax must clearly state that the adoption or increase of the tax
1-23     will result in a reduction of the tax rate of the taxing authority.
1-24     If the municipality or county is included within the boundaries of
 2-1     more than one taxing authority, the election to impose or increase
 2-2     the tax under this subchapter must allow the voters to choose which
 2-3     taxing authority's tax will be reduced.
 2-4           (b-1)  If the voters choose reduction of the tax collected by
 2-5     a rapid transit authority created under Chapter 451, Transportation
 2-6     Code, and imposition of the tax authorized under this section would
 2-7     result in a reduction of the rapid transit authority's tax rate to
 2-8     the highest rate that will not result in a combined tax rate of
 2-9     more than two percent in any location in the municipality or
2-10     county, an election must be held [pursuant to Subchapter M, Chapter
2-11     451, Transportation Code, as applicable for the type of authority
2-12     involved,] on the question of withdrawing the affected
2-13     municipalities from the authority prior to imposition of the tax
2-14     authorized in this section.  An affected municipality in which
2-15     Subchapter M, Chapter 451, Transportation Code, applies by its own
2-16     terms shall hold the election in accordance with the applicable
2-17     provisions of that subchapter.  An affected municipality in which
2-18     Subchapter M, Chapter 451, Transportation Code, does not apply by
2-19     its own terms shall hold the election in accordance with Section
2-20     451.617, Transportation Code.  If withdrawal is not authorized, the
2-21     tax may not be imposed unless authorized pursuant to subsequent
2-22     election(s).  Upon withdrawal of each affected municipality from
2-23     the authority (if withdrawal is authorized), the obligation to
2-24     provide service (including service to persons with disabilities)
2-25     shall be discontinued for that municipality except as required
2-26     under applicable federal law.  In all other respects, the
2-27     provisions of Subchapter M, Chapter 451, Transportation Code,
 3-1     governing withdrawal procedures and obligations of municipalities
 3-2     upon withdrawal shall apply.
 3-3           SECTION 2.  The importance of this legislation and the
 3-4     crowded condition of the calendars in both houses create an
 3-5     emergency and an imperative public necessity that the
 3-6     constitutional rule requiring bills to be read on three several
 3-7     days in each house be suspended, and this rule is hereby suspended,
 3-8     and that this Act take effect and be in force from and after its
 3-9     passage, and it is so enacted.