By Haywood                                            S.B. No. 1818
         76R7992 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sales and use tax in certain metropolitan transit
 1-3     authorities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter I, Chapter 451, Transportation Code,
 1-6     is amended by adding Section 451.4051 to read as follows:
 1-7           Sec. 451.4051.  REFERENDUM ON USES OF SALES AND USE TAX:
 1-8     CERTAIN AUTHORITIES.  (a)  This section applies only to an
 1-9     authority in which the board reduced the sales and use tax of the
1-10     authority from the maximum permissible rate but subsequently
1-11     adopted the maximum rate.
1-12           (b)  The authority shall hold on November 2, 1999, a
1-13     referendum on whether the authority shall dedicate a portion of its
1-14     revenue for a fixed rail transit system and for state highway and
1-15     tollway projects that benefit the authority.  At the election the
1-16     ballots shall be printed to permit voting for or against the
1-17     following propositions:
1-18                 (1)  "The dedication and use of one-quarter of the
1-19     sales and use tax revenue of (name of authority) for the operation
1-20     of a fixed rail transit system by (name of authority)."; and
1-21                 (2)  "The dedication and use of one-quarter of the
1-22     sales and use tax revenue of (name of authority) for state highway
1-23     and tollway projects that benefit (name of authority)."
1-24           (c)  If a majority of the votes cast favor the proposition in
 2-1     Subsection (b)(1), the authority may dedicate and use one-quarter
 2-2     of the sales and use tax revenue to build and operate a fixed rail
 2-3     transit system.  If less than a majority of the votes cast favor
 2-4     the proposition in Subsection (b)(1), the authority may not spend
 2-5     funds of the authority to purchase, acquire, construct, operate, or
 2-6     maintain any form of a fixed rail transit system unless approved at
 2-7     a subsequent referendum.
 2-8           (d)  If a majority of the votes cast favor the proposition in
 2-9     Subsection (b)(2), the authority shall dedicate and use one-quarter
2-10     of the sales and use tax revenue for state highway or tollway
2-11     projects that benefit the taxpayers of the authority.
2-12           (e)  Notwithstanding Section 451.404, the sales and use tax
2-13     rate that the authority imposes may not exceed:
2-14                 (1)  one percent, if both propositions in Subsection
2-15     (b) are approved at the referendum;
2-16                 (2)  three-quarters of one percent, if only one
2-17     proposition in Subsection (b) is approved at the referendum; or
2-18                 (3)  one-half of one percent, if neither proposition in
2-19     Subsection (b) is approved at the referendum.
2-20           (f)  If a proposition in Subsection (b) is not approved at
2-21     the referendum, the board may call a subsequent referendum on the
2-22     proposition.  A subsequent referendum must be held on the uniform
2-23     election date in November. A referendum may be held under this
2-24     subsection more than once.
2-25           (g)  Funds dedicated for state highway or tollway projects
2-26     under this section may be used only to construct, maintain, or
2-27     expand a state highway or tollway project that benefits the
 3-1     taxpayers of the authority and that is selected by the Texas
 3-2     Department of Transportation or a regional tollway authority in
 3-3     consultation with the authority and the local metropolitan planning
 3-4     organization.  The project is not required to be in the service
 3-5     area of the authority.
 3-6           (h)  To accomplish Subsection (g), the authority shall enter
 3-7     into an agreement with:
 3-8                 (1)  the Texas Department of Transportation; or
 3-9                 (2)  a regional tollway authority.
3-10           (i)  A change in the sales and use tax that is required by a
3-11     referendum held under this section takes effect on the first day of
3-12     the fiscal year of the authority that follows the referendum.
3-13           SECTION 2.  Sections 451.3625(b) and (c), Transportation
3-14     Code, are amended to read as follows:
3-15           (b)  An authority may not issue short-term debt under Section
3-16     451.362 or bonds secured by the revenue of the authority to finance
3-17     any portion of the purchase, acquisition, construction, operation,
3-18     or maintenance of a fixed rail transit system unless the
3-19     proposition contained in Section 451.4051(b)(1) [the system] is
3-20     approved at a referendum [under Section 451.071].
3-21           (c)  If the proposition contained in Section 451.4051(b)(1)
3-22     is approved at a referendum [is approved under Section 451.071],
3-23     the term for which short-term debt may be issued under Section
3-24     451.362 is increased to five years if the purpose of the debt is
3-25     the purchase, acquisition, construction, operation, or maintenance
3-26     of a [the] fixed rail transit system [approved at the referendum].
3-27           SECTION 3.  Section 451.071, Transportation Code, is
 4-1     repealed.
 4-2           SECTION 4.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended,
 4-7     and that this Act take effect and be in force from and after its
 4-8     passage, and it is so enacted.