SRC-SEW C.S.S.B. 1812 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1812
By: Armbrister
Intergovernmental Relations
5/2/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current law allows for the creation of county development districts under
Chapter 383 (County Development Districts), Local Government Code, in order
to promote the economic welfare of the residents of this state.  C.S.S.B.
1812 creates the Hays County Education District No. 2 and grants the
district the power to impose certain taxes, the proceeds of which are to be
used to promote educational initiatives in Hays County.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CREATION OF DISTRICT.  Creates the Hays County Education
District (district) No 2.  Provides that the district is a governmental
agency, a body politic and corporate, and a political subdivision of the
state.  Provides that the district is a unit of government for purposes of
Chapter 101 (Tort Claims), Civil Practice and Remedies Code, and operations
of the district are considered to be essential governmental functions and
not proprietary functions for all purposes, including the application of
the Texas Tort Claims Act.  Provides that the creation of the district is
essential to accomplish the purposes of Sections 52 (Counties, Cities, or
other Political Corporations or Subdivisions; Lending Credit; Grants;
Bonds) and Section 52-a (Loan or Grant of Public Money for Economic
Development), Article III, and Section 59 (Conservation and Development of
Natural Resources: Conservation and Reclamation Districts), Article XVI,
Texas Constitution, and the other public purposes stated in this Act.
Provides that, despite its name, this district is not governed by Chapter
383 (County Development Districts) of the Local Government Code. 

SECTION 2. DEFINITIONS.  Defines "board," "county," "district,"
"municipality," and "foundation."   

SECTION 3. BOUNDARIES.  Sets forth the boundaries of the district.

SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  Provides findings relating to
boundaries. 

SECTION 5.  BOARD OF DIRECTORS IN GENERAL.  Sets forth guidelines regarding
the board of directors, officers, and employees of the district.

SECTION 6.  APPOINTMENT OF DIRECTORS.  Sets forth guidelines regarding the
composition of the board, board positions, and vacancies on the board.
Provides that a board member serves on the board as additional duty of the
office held on the appointing governing body.   

SECTION 7.  CONFLICTS OF INTEREST.  Provides that Chapter 171 (Regulation
of Conflicts of Interest of Officers of Municipalities, Counties, and
Certain Other Local Governments), Local Government Code, governs conflicts
of interest for board members.          
 
SECTION 8.  LIMITED SALES AND USE TAX.  (a)  Authorizes the board by order
or resolution to impose a sales and use tax for benefit of the district in
an amount not to exceed two percent. Provides that no election is necessary
for imposition of the tax authorized by this section. 
 
(b)  Authorizes the board to increase, repeal, or decrease the rate of the
limited sales and use tax authorized by this Act without holding an
election. 
 
(c)  Requires the provisions of Subchapters B (Assessment and Computation
of Taxes), C (Administration of Taxes), and D (Revenue Deposit,
Distribution, and Use), Chapter 322, Tax Code, relating to sales and use
taxes for special purpose taxing authorities, to apply to the application,
collection, and administration of a sales and use tax imposed under this
Act, to the extent not inconsistent with the provisions of this Act, and
with the same effect as if references therein to a taxing entity or the
entity area referred to the district or the area within the boundaries of
the district. 
 
(d)  Sets forth guidelines regarding the effective date of a tax imposed
under this Act or the repeal or change in rate of a tax under this Act. 
 
(e)  Provides that, on adoption of the tax authorized by this Act, certain
taxes are imposed in the district.  Sets forth guidelines regarding the tax
rates.  Defines "use" with respect to a taxable service. 
 
(f)  Provides that the district is entitled to examine and receive certain
information from the comptroller of public accounts. 

SECTION 9.  USE OF HOTEL OCCUPANCY TAX PROCEEDS.  Authorizes sales and use
taxes collected under this Act to be used only as provided in this Act. 

SECTION 10.  HOTEL OCCUPANCY TAX.  Defines "hotel."  Sets forth guidelines
regarding the district imposing a hotel occupancy tax.  

SECTION 11.  USE OF HOTEL OCCUPANCY TAX PROCEEDS.  Requires the district to
apply the proceeds from a hotel occupancy tax imposed under this Act as
provided by this Act and Section 352.1015 (County Hotel Occupancy Taxes),
Tax Code, to further public education in the county.   

SECTION 12.  ALLOCATION OF REVENUES.  Sets forth guidelines regarding the
allocation of district tax revenues 

SECTION 13.  LIMITATION ON POWERS OF DISTRICT.  Provides that the district
has no powers or duties not expressly provided by this Act and prohibits
any from being implied. 

SECTION 14.  ADMINISTRATIVE SERVICES.  Authorizes the county, the
municipality, and the Hays Consolidated Independent School District to
provide administrative services to the district and to permit the board to
use meeting facilities without charge. 

SECTION 15.  DISSOLUTION.  Authorizes the board by resolution or order to
dissolve the district. Authorizes the district to also be dissolved in the
same manner as a district created under Chapter 383, Local Government Code.
Provides that, if the district is abolished, the taxes levied by the
district are repealed.   

SECTION 16.  Provides legislative findings.

SECTION 17.  INITIAL BOARD.  Sets forth guidelines regarding the initial
board of directors.   

SECTION 18.  LEGISLATIVE INTENT.  Sets forth legislative intent.
 
SECTION 19.  NONSEVERABILITY.  Provides that the legislature intends this
Act to be applied in its entirety and would not have enacted any provision
of this Act without each and every other provision.  Provides that the
provisions of this Act are not severable, and if any provision of this Act
is held invalid, the entire Act is invalid.   
 
SECTION 20.  EFFECTIVE DATE.  Provides that this Act takes effect on the
date on which the municipality consents to the creation of the district
under certain conditions.   
  
SUMMARY OF COMMITTEE CHANGES

Amends As Filed S.B. 1812 as follows:

Omits original SECTIONS 1 - 3.  

Adds new SECTIONS 1 - 2.  

Redesignates original SECTION 4 as SECTION 3.  No changes in text.

Redesignates original SECTION 5 as SECTION 4.  Omits text regarding the
right to issue bonds. 

Omits original SECTIONS 6 - 23.  Adds new SECTIONS 5 - 20.