SRC-CTC H.B. 1723 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1723
By: Seaman (Armbrister)
Business & Commerce
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, there are local workforce development boards (LWDBs)
across the state to provide workforce development programs specific to the
needs of each community.  State block grants for employment, training, and
child care are administered to the LWDBs by the Texas Workforce Commission.
However, there is concern that more populated urban areas may be receiving
greater attention and funding than their less populated rural counterparts.
There  is a potential need to create a more expansive, longterm solution
for the adequate provision of workforce services to these rural
communities.  H.B. 1723 authorizes the commissioners court of a county with
a population of 50,000 or less to establish a county employment development
board for the purpose of supplementing existing workforce development
programs being administered by the LWDBs. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to a county employment
development board in SECTION 1 (Section 386.022, Local Government Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 12B, Local Government Code, by adding Chapter 386,
as follows: 

CHAPTER 386.  COUNTY EMPLOYMENT DEVELOPMENT BOARD FOR RURAL COUNTIES

SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 386.001.  DEFINITIONS.  Defines "board" and "rural county."

Sec. 386.002.  CREATION IN RURAL COUNTY.  Authorizes the commissioners
court of a rural county to establish a county employment development board
(board). 

[Reserves Sections 386.003-386.020 for expansion]

SUBCHAPTER B.  COUNTY EMPLOYMENT DEVELOPMENT BOARD; POWERS AND DUTIES

Sec. 386.021.  BOARD MEMBERSHIP.  Sets forth the size and certain
requirements of the board membership.  Provides that a member of the board
serves a two-year term expiring February 1 of each odd-numbered year.
Authorizes the board to elect a member to serve as the presiding officer. 

Sec. 386.022.  BOARD POWERS AND DUTIES.  Authorizes the board to take
certain actions.  Authorizes the board, to the extent the board determines
necessary to administer its functions, to cooperate with certain entities.
Authorizes the board to impose a fee for participation in a program and to
administer any funds collected for a program under this  chapter.  Provides
that the fee authorized by this section is in addition to any tax
authorized by this chapter.  Authorizes the board to adopt rules to
accomplish the goals of this chapter. Requires the board to contract with
the county auditor to review the board's finances every fiscal year. 

Sec. 386.023.  OPEN MEETINGS AND OPEN RECORDS.  Provides that Chapter 551
(Open Meetings) and 552 (Public Information), Government Code, apply to the
board. 

[Reserves Sections 386.024-386.040 for expansion]

SUBCHAPTER C.  SALES AND USE TAX

Sec. 386.041.  SALES AND USE TAX AUTHORIZED.  Authorizes a county to impose
a sales and use tax at the rate of one-eighth of one percent in the county
for the benefit of a program under this chapter if a majority of the votes
cast in an election held for that purpose favor the imposition of the tax.
Prohibits a county from imposing a sales and use tax under this subchapter
if the adoption of the tax under this subchapter would result in a combined
tax rate of all local sales and use taxes of more than two percent in any
location in the county. 

Sec. 386.042.  ELECTION.  Authorizes the commissioners court to order an
election to impose a sales and use tax under this subchapter.  Requires the
election to be held on the first uniform election date that occurs on or
after the 45th day following the date the commissioners court orders the
election.  Requires the ballot, at an election to adopt the tax, to be
printed to permit voting for or against the proposition and sets forth
specific wording to be contained on the ballot.  Provides that the tax is
adopted if a majority of the votes received at the election favor the
proposition. 

Sec. 386.043.  IMPOSITION OF TAX.  Provides that Chapter 323 (County Sales
and Use Tax Act), Tax Code, governs the imposition, computation,
administration, collection, and remittance of a tax authorizes under this
chapter except as inconsistent with this chapter. Provides that Section
323.101(b), Tax Code, does not apply to a tax authorized by this chapter. 

Sec. 386.044.  IMPOSITION OF TAX.  Sets forth the items and services on
which the tax adopted under this subchapter and the related excise tax
apply. 

Sec. 386.045.  USE OF REVENUE.  Authorizes the revenue from a tax imposed
under this subchapter to be used only to operate a program under this
chapter in the county.  Authorizes the board to award grants for program
purposes to local businesses, school districts, or other entities with
revenue from a tax imposed under this subchapter.  Requires the board to
contract with the grant recipient to ensure that the program purposes are
promoted by the grant. 

Sec. 386.046.  ABOLITION OF TAX.  Authorizes the commissioners court to
abolish the tax in a certain manner.  Requires the ballot, at an election
to abolish the tax, to be prepared to permit voting for or against the
proposition and sets forth specific wording to be contained on the ballot.
Provides that the tax is abolished if a majority of the votes received at
the election favor the proposition. 

Sec. 386.047.  EFFECTIVE DATE OF TAX.  Sets forth the effective date of the
adoption or abolition of a tax under this subchapter.  Authorizes the
effective date to be extended by the comptroller under certain conditions. 

Sec. 386.048.  SALES TAX NOT EXCLUSIVE.  Provides that the sales and use
tax authorized by this subchapter is in addition to any other tax or fee
authorized by this chapter. 

 [Reserves Sections 386.049-386.060 for expansion]

SUBCHAPTER D.  PROPERTY TAX

Sec. 386.061.  PROPERTY TAX AUTHORIZED.  Authorizes the commissioners
court, for the benefit of a program under this chapter, to take certain
actions. 

Sec. 386.062.  USE OF PROPERTY TAX REVENUE.  Authorizes revenue from a tax
imposed under this subchapter to be used only as provided by Section
386.045 for revenue collected under Subchapter C. 

Sec. 386.063.  PROPERTY TAX NOT EXCLUSIVE.  Provides that the property tax
authorized by this subchapter is in addition to any other tax or fee
authorized by this subchapter. 

SECTION 2.  Amends Sections 4A(f) and (m), Development Corporation Act of
1979 (Article 5190.6, V.T.C.S.) to authorize tax proceeds to be used to
provide funding to a county employment development board created under
Chapter 386 (County Employment Development Board for Rural Counties), Local
Government Code, for any program purpose authorized by that chapter.  Adds
"job or career training" to the required wording to be contained on the
ballot in an election to adopt the tax under this section. 

SECTION 3.  Amends Section 4B(g), Development Corporation Act of 1979
(Article 5190.6, V.T.C.S.) to make a conforming change. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: upon passage or September 1, 2001.