By: Nixon S.B. No. 1876 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of certain municipalities to impose a 1-2 sales and use tax to retire the debt of a municipal power agency 1-3 created by the municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 163, Utilities Code, is 1-6 amended by adding Section 163.103 to read as follows: 1-7 Sec. 163.103. AUTHORITY TO IMPOSE SALES AND USE TAX. 1-8 (a) Except to the extent that a provision of this section applies, 1-9 Chapter 321, Tax Code, applies to the tax authorized by this 1-10 section in the same manner as that chapter applies to the tax 1-11 authorized by that chapter. Section 321.101(f), Tax Code, does not 1-12 apply to the tax authorized by this section; provided, however, 1-13 that Section 321.101(f), Tax Code, does apply to a municipality the 1-14 electric utility of which has between 30,000 and 50,000 meter 1-15 connections. 1-16 (b) A municipality that participates in a municipal power 1-17 agency created under this subchapter may adopt or abolish the sales 1-18 and use tax authorized by this section at an election held in the 1-19 municipality. The rate of the tax authorized by this section is 1-20 one-half percent. 1-21 (c) The adoption or abolition of the tax takes effect on the 1-22 first day of the first calendar quarter occurring after the 1-23 expiration of the first complete calendar quarter occurring after 1-24 the date the comptroller receives a notice of the results of the 2-1 election. If the comptroller determines that an effective date 2-2 provided by this subsection will occur before the comptroller can 2-3 reasonably take the action required to begin collecting the tax or 2-4 to implement the abolition of the tax, the effective date may be 2-5 extended by the comptroller until the first day of the next 2-6 succeeding calendar quarter. 2-7 (d) An election to adopt or abolish the tax authorized by 2-8 this section is called by the adoption of an order by the governing 2-9 body of the municipality. The governing body shall call an 2-10 election if a number of qualified voters of the municipality equal 2-11 to at least five percent of the number of registered voters in the 2-12 municipality petitions the governing body to call the election. 2-13 (e) At an election to adopt the tax, the ballot shall be 2-14 prepared to permit voting for or against the proposition: "The 2-15 adoption of a sales and use tax in _________(name of municipality) 2-16 at the rate of one-half percent to provide revenue to retire the 2-17 municipality's share of the bonded indebtedness of the ______(name 2-18 of agency) municipal power agency." 2-19 (f) At an election to abolish the tax, the ballot shall be 2-20 prepared to permit voting for or against the proposition: "The 2-21 abolition of the sales and use tax in _________(name of 2-22 municipality) used to retire the municipality's share of the bonded 2-23 indebtedness of the ______(name of agency) municipal power agency." 2-24 (g) Revenue from the tax imposed under this section may be 2-25 used only to retire the municipality's share of the bonded 2-26 indebtedness, on September 1, 1999, of the municipal power agency 3-1 in which the municipality participates. If the municipal power 3-2 agency has not determined a municipality's share of the bonded 3-3 indebtedness on or before September 1, 1999, the municipality's 3-4 share of the debt shall be determined in accordance with the ratio 3-5 that the population of the municipality bears to the total 3-6 population of all participating public entities. 3-7 (h) A sales and use tax imposed under this section may not 3-8 be collected after the last day of the first calendar quarter 3-9 occurring after the earlier of: 3-10 (1) the 10th anniversary of the date the municipality 3-11 began collecting the tax; or 3-12 (2) the date the municipality notifies the comptroller 3-13 that the municipality has abolished the tax or that the 3-14 municipality's share of the bonded indebtedness has been paid in 3-15 full or the full amount of money, excluding guaranteed interest, 3-16 necessary to pay in full the municipality's share of the bonded 3-17 indebtedness has been set aside in a trust account dedicated to the 3-18 payment of the bonds. 3-19 (i) The municipality shall notify the comptroller of the 3-20 expiration of the tax not later than the 60th day before the 3-21 expiration date. 3-22 SECTION 2. This Act takes effect September 1, 1999. 3-23 SECTION 3. The importance of this legislation and the 3-24 crowded condition of the calendars in both houses create an 3-25 emergency and an imperative public necessity that the 3-26 constitutional rule requiring bills to be read on three several 4-1 days in each house be suspended, and this rule is hereby suspended.