By: Cain, Moncrief S.B. No. 1480
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the sharing of revenue among a municipality and other
1-2 municipalities that jointly operate an airport in the territory of
1-3 the municipality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 22, Transportation Code, is
1-6 amended by adding Section 22.0781 to read as follows:
1-7 Sec. 22.0781. REVENUE SHARING AGREEMENT WITH MUNICIPALITY.
1-8 (a) A municipality, a joint board for which the constituent
1-9 agencies are populous home-rule municipalities, and the constituent
1-10 agencies may make an agreement under which a portion of the revenue
1-11 derived from a tax or fee of the municipality imposed in the
1-12 territory of the municipality for which the joint board has
1-13 exclusive power under Section 22.074(d) may be transferred to the
1-14 constituent agencies if under the agreement the joint board agrees
1-15 to encourage development opportunities in the territory of the
1-16 municipality that are feasible and consistent with the development
1-17 policies of the joint board.
1-18 (b) A tax or fee that may be transferred under an agreement
1-19 includes a sales and use tax, an ad valorem property tax, a mixed
1-20 beverage tax, a fine, a franchise fee, a cost of court, and a hotel
1-21 occupancy tax.
1-22 (c) The agreement may provide for the inclusion of revenue
1-23 from a tax imposed under Chapter 334, Local Government Code, in the
1-24 transfer only if the election approving that tax is held after the
2-1 date the agreement is made under this section. If any revenue from
2-2 a tax imposed under Chapter 334, Local Government Code, is to be
2-3 transferred, the municipality must provide general notice of that
2-4 fact in the order calling the election and in the ballot
2-5 proposition. The specifics of the transfer agreement are not
2-6 required to be placed in the order or in the ballot proposition and
2-7 only the municipality that will transfer its revenue is required to
2-8 hold an election for the agreement to be effective. The ballot for
2-9 an election held under this subsection shall be prepared to permit
2-10 voting for or against the proposition: "Authorizing _______(insert
2-11 name of municipality) to impose a _______(insert type of tax) tax
2-12 at the rate of ______ (insert the maximum rate of the tax) with
2-13 the revenue to be shared with ________ (insert name of each
2-14 constituent agency covered by the agreement) under a revenue
2-15 sharing agreement."
2-16 (d) A constituent agency may use revenue received under an
2-17 agreement under this section for one or more of the following:
2-18 (1) the acquisition, construction, improvement, and
2-19 renovation of any public work, including land, buildings,
2-20 materials, supplies, equipment, furnishings, and machinery;
2-21 (2) to secure and pledge in support of the payment of
2-22 bonds or other obligations issued by or on behalf of the
2-23 constituent agency after the effective date of the agreement for
2-24 any purpose for which the constituent agency, or an entity created
2-25 by the constituent agency to act on its behalf, may issue bonds or
2-26 obligations; and
3-1 (3) to pay the cost of a credit agreement, as defined
3-2 by Section 1, Chapter 656, Acts of the 68th Legislature, Regular
3-3 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
3-4 (e) Notwithstanding any other law, a municipality may use
3-5 revenue retained under an agreement for any governmental purpose.
3-6 (f) Notwithstanding any other provision of Chapter 334,
3-7 Local Government Code, a tax imposed under Chapter 334 that is
3-8 subject to an agreement under this section continues in effect
3-9 until the governing body of the municipality that imposed the tax
3-10 acts at its discretion to repeal the tax.
3-11 (g) To the extent of any conflict between this section and
3-12 another provision of law, including a charter provision, this
3-13 section controls.
3-14 SECTION 2. An agreement described by Section 22.0781,
3-15 Transportation Code, as added by this Act, that was made before the
3-16 effective date of this Act is validated as of the date the
3-17 agreement was made.
3-18 SECTION 3. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.