By: Madla S.B. No. 769
99S0565/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of an advanced transportation district;
1-2 authorizing the imposition of a local sales and use tax for
1-3 advanced transportation and local development.
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. APPLICATION OF SUBCHAPTER. This subchapter
1-9 applies only to an authority that imposed a sales and use tax at
1-10 the rate of one-half of one percent on October 20, 1987, and that
1-11 imposes a sales and use tax at the rate of one-half of one percent
1-12 on the date of the election ordered under Section 451.703.
1-13 Sec. 451.702. DEFINITIONS. In this subchapter:
1-14 (1) "Advanced transportation" means light rail,
1-15 commuter rail, fixed guideways, high occupancy vehicle lanes,
1-16 traffic monitoring systems, and other advanced transportation
1-17 facilities and services, including planning, feasibility studies,
1-18 and professional and other services in connection with such
1-19 advanced facilities and services.
1-20 (2) "Advanced transportation district" means a
1-21 district created for advanced transportation and local development
1-22 purposes.
1-23 (3) "Local development" means any activities and
1-24 purposes for which special districts may be created and funded by
2-1 local sales and use taxes upon elections within the districts under
2-2 laws in effect on January 1, 1999.
2-3 (4) "Participating unit" means a municipality in the
2-4 authority's boundaries electing to join the advanced transportation
2-5 district under Section 451.704 or the unincorporated area of a
2-6 county within the authority electing to join the advanced
2-7 transportation district under Section 451.704. For purposes of
2-8 this subchapter, the governing body of the unincorporated area is
2-9 the commissioners court of the county.
2-10 Sec. 451.703. CREATION OF ADVANCED TRANSPORTATION DISTRICT.
2-11 The board of the authority may order an election to create an
2-12 advanced transportation district within the authority's boundaries
2-13 and to impose a sales and use tax at the rate of one-half of one
2-14 percent for advanced transportation and local development in
2-15 accordance with this subchapter. An election may be held only
2-16 after the board has provided written notification of the board's
2-17 election order to the governing body of each municipality and the
2-18 commissioners court of each county included in whole or part within
2-19 the territory of the authority. The authority shall pay the costs
2-20 of each election ordered by the board.
2-21 Sec. 451.704. CONDUCT OF INITIAL ELECTION; SEPARATE RESULT.
2-22 (a) The election shall be conducted so that the votes are
2-23 separately tabulated and canvassed and the result is declared in
2-24 each unit of election in the authority as follows:
2-25 (1) in each municipality within the authority; and
2-26 (2) in the unincorporated area of a county within the
3-1 authority.
3-2 (b) The board shall canvass the votes cast in the election
3-3 and shall issue an order declaring the results of the canvass and
3-4 the election.
3-5 (c) If a majority of the votes in the municipality with the
3-6 largest population in the authority's boundaries are cast in favor
3-7 of the proposition, the advanced transportation district is created
3-8 and shall consist of:
3-9 (1) the municipality with the largest population;
3-10 (2) all other municipalities, if any, in which the
3-11 election was held and in which a majority of votes cast favored the
3-12 proposition; and
3-13 (3) an unincorporated area within the authority, if
3-14 the majority of votes cast in the unincorporated area favored the
3-15 proposition.
3-16 (d) If the advanced transportation district is created, the
3-17 board shall record the results of the election in its minutes and
3-18 adopt an order:
3-19 (1) declaring that the advanced transportation
3-20 district is created;
3-21 (2) describing the territory of the advanced
3-22 transportation district;
3-23 (3) stating the date of the election;
3-24 (4) containing the proposition;
3-25 (5) showing the number of votes cast for or against
3-26 the proposition in each unit of election; and
4-1 (6) showing the number of votes by which the
4-2 proposition was approved in each unit of election in which the
4-3 proposition was approved.
4-4 (e) The order must be accompanied by a map of the advanced
4-5 transportation district that shows the boundaries of the district.
4-6 (f) A copy of the order and map shall be filed:
4-7 (1) with the department;
4-8 (2) with the comptroller; and
4-9 (3) in the deed records of each county in which the
4-10 authority is located.
4-11 (g) When a municipality that is part of the advanced
4-12 transportation district annexes territory that before the
4-13 annexation was not part of the advanced transportation district,
4-14 the annexed territory becomes part of the district.
4-15 Sec. 451.705. SUBSEQUENT ELECTIONS. If a municipality does
4-16 not vote to join the advanced transportation district at the
4-17 initial election called by the authority, the governing body of the
4-18 municipality may call and hold an election at a later date to join
4-19 the advanced transportation district. If the unincorporated area
4-20 within the authority does not join the advanced transportation
4-21 district in the initial election called by the authority, the
4-22 commissioners court of the county may call and hold an election at
4-23 a later date to join the advanced transportation district. The
4-24 governing bodies of the municipalities and the commissioners court
4-25 shall pay the costs of the election, canvass the votes, declare the
4-26 results, and notify the advanced transportation district of the
5-1 results in an election held under this section.
5-2 Sec. 451.706. EFFECT OF ELECTIONS. The combined rates of
5-3 all sales and use taxes imposed by the advanced transportation
5-4 district and all other political subdivisions of the state may not
5-5 exceed two percent in any location in the advanced transportation
5-6 district. In participating units in which the imposition of the
5-7 local sales and use tax by the advanced transportation district
5-8 would result in the imposition of a total local sales and use tax
5-9 in the participating unit of more than two percent, the election by
5-10 the participating unit to join the advanced transportation district
5-11 under Section 451.704 or 451.705 shall also act to repeal all local
5-12 sales and use taxes imposed by or within the participating unit,
5-13 whether adopted prior to or at the same time as an advanced
5-14 transportation district election, except the local sales and use
5-15 tax imposed by the authority and the local sales and use tax of one
5-16 percent imposed by a municipality pursuant to Sections 321.101(a)
5-17 and 321.103(a). The sales and use tax authorized by this
5-18 subchapter and the repeal of any other local sales and use taxes
5-19 under this section shall take effect on the first day of the second
5-20 calendar quarter beginning after the date the comptroller receives
5-21 a copy of the order canvassing the results of the election.
5-22 Sec. 451.707. BALLOT PROPOSITION. The board under Section
5-23 451.703 shall submit to the voters the proposition: "Shall an
5-24 advanced transportation district be created and shall a sales and
5-25 use tax at the rate of one-half of one percent be levied for
5-26 advanced transportation and local development within the boundaries
6-1 of the district, with 50 percent of such one-half percent sales and
6-2 use tax collected by the advanced transportation district paid by
6-3 the district to participating political subdivisions for local
6-4 development until January 1, 2010?"
6-5 Sec. 451.708. USE OF SALES AND USE TAX PROCEEDS.
6-6 (a) Except as provided by Subsection (b), the proceeds of the
6-7 sales and use tax imposed by this subchapter shall be used by the
6-8 advanced transportation district only for advanced transportation.
6-9 (b) Prior to January 1, 2010, the advanced transportation
6-10 district shall pay 50 percent of the sales and use tax collected by
6-11 the advanced transportation district under this subchapter in each
6-12 participating unit to the governing body of the participating unit
6-13 for local development as determined by the governing body of the
6-14 participating unit.
6-15 Sec. 451.709. GOVERNANCE AND POWERS OF THE ADVANCED
6-16 TRANSPORTATION DISTRICT. The board shall act as the governing body
6-17 of the advanced transportation district and shall be responsible
6-18 for the management, operation, and control of the advanced
6-19 transportation district. The business of the advanced
6-20 transportation district shall be conducted by its governing body
6-21 and by the employees of the authority acting under the control and
6-22 direction of the general manager of the authority. The advanced
6-23 transportation district may enter into contracts with the authority
6-24 or other private or public entities to conduct the business of the
6-25 advanced transportation district. Except as otherwise provided by
6-26 this subchapter, the advanced transportation district shall have
7-1 the powers of the authority that called the election to create the
7-2 district under Subchapters B, C, F, H, I, and K and shall exercise
7-3 such powers in the manner provided by those subchapters.
7-4 Sec. 451.710. PROPERTY OF THE ADVANCED TRANSPORTATION
7-5 DISTRICT; SEPARATE BOOKS. Property of the advanced transportation
7-6 district shall be held in the name of the authority. However, the
7-7 authority shall keep separate books and accounting records
7-8 segregating the funds, revenues, expenses, and other property of
7-9 the advanced transportation district.
7-10 Sec. 451.711. GOVERNMENTAL UNIT. The advanced
7-11 transportation district is a governmental unit under Chapter 101,
7-12 Civil Practice and Remedies Code, and the operations of the
7-13 advanced transportation district are not proprietary functions for
7-14 any purpose, including the application of Chapter 101, Civil
7-15 Practice and Remedies Code.
7-16 SECTION 2. This Act takes effect September 1, 1999.
7-17 SECTION 3. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended.