77R7310 CBH-D                           
         By Goodman, Lewis of Tarrant                           H.B. No. 445
         Substitute the following for H.B. No. 445:
         By Davis of Dallas                                 C.S.H.B. No. 445
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the imposition by certain municipalities of a sales and
 1-3     use tax dedicated to street maintenance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle C, Title 3, Tax Code, is amended by
 1-6     adding Chapter 327 to read as follows:
 1-7      CHAPTER 327.  MUNICIPAL SALES AND USE TAX FOR STREET MAINTENANCE
 1-8           Sec. 327.001.  DEFINITION. In this chapter, "municipal
 1-9     street" means the entire width of a way held by a municipality in
1-10     fee or by easement or dedication that has a part open for public
1-11     use for vehicular travel.  The term does not include a designated
1-12     state or federal highway or road or a designated county road.
1-13           Sec. 327.002.  MUNICIPAL SALES AND USE TAX ACT APPLICABLE.
1-14     Except to the extent that a provision of this chapter applies,
1-15     Chapter 321 applies to the tax authorized by this chapter in the
1-16     same manner as that chapter applies to the tax authorized by that
1-17     chapter.
1-18           Sec. 327.003.  TAX AUTHORIZED.  (a)  A municipality may adopt
1-19     the sales and use tax authorized by this chapter at an election
1-20     held in the municipality.
1-21           (b)  A municipality may not adopt a tax under this chapter if
1-22     as a result of the adoption of the tax the combined rate of all
1-23     sales and use taxes imposed by the municipality and other political
1-24     subdivisions of this state having territory in the municipality
 2-1     would exceed two percent at any location in the municipality.
 2-2           (c)  If the voters of a municipality approve the adoption of
 2-3     the tax at an election held on the same election date on which
 2-4     another political subdivision adopts a sales and use tax or
 2-5     approves the increase in the rate of its sales and use tax and as a
 2-6     result the combined rate of all sales and use taxes imposed by the
 2-7     municipality and other political subdivisions of this state having
 2-8     territory in the municipality would exceed two percent at any
 2-9     location in the municipality, the election to adopt a sales and use
2-10     tax under this chapter has no effect.
2-11           Sec. 327.004.  TAX RATE.  The rate of the tax authorized by
2-12     this chapter is one-fourth of one percent.
2-13           Sec. 327.005.  SALES AND USE TAX EFFECTIVE DATE.  (a)  The
2-14     adoption of the tax takes effect on the first day of the first
2-15     calendar quarter occurring after the expiration of the first
2-16     complete calendar quarter occurring after the date on which the
2-17     comptroller receives notice of the results of the election.
2-18           (b)  If the comptroller determines that an effective date
2-19     provided by Subsection (a)  will occur before the comptroller can
2-20     reasonably take the action required to begin collecting the tax,
2-21     the effective date may be extended by the comptroller until the
2-22     first day of the next succeeding calendar quarter.
2-23           Sec. 327.006.  ELECTION PROCEDURE. (a)  An election to adopt
2-24     the tax authorized by this chapter is called by the adoption of an
2-25     ordinance by the governing body of the municipality. The governing
2-26     body shall call an election if a number of qualified voters of the
2-27     municipality equal to at least five percent of the number of votes
 3-1     cast in the most recent regular municipal election petitions the
 3-2     governing body to call the election.
 3-3           (b)  At an election to adopt the tax, the ballot shall be
 3-4     prepared to permit voting for or against the proposition: "The
 3-5     adoption of a local sales and use tax in (name of municipality) at
 3-6     the rate of one-fourth of one percent to provide revenue for
 3-7     maintenance and repair of municipal streets."
 3-8           Sec. 327.007.  REAUTHORIZATION OF TAX.  (a)  Unless
 3-9     imposition of the  sales and use tax authorized by this chapter is
3-10     reauthorized as provided by this section, the tax expires on:
3-11                 (1)  the fourth anniversary of the date the tax
3-12     originally took effect under Section 327.005; or
3-13                 (2)  the first day of the first calendar quarter
3-14     occurring after the fourth anniversary of the date the tax was last
3-15     reauthorized under this section.
3-16           (b)  An election to reauthorize the tax is called and held in
3-17     the same manner as an election to adopt the tax under Section
3-18     327.006, except the ballot proposition shall be prepared to permit
3-19     voting for or against the proposition:  "The reauthorization of the
3-20     local sales and use tax in (name of municipality) at the rate of
3-21     one-fourth of one percent to continue providing revenue for
3-22     maintenance and repair of municipal streets."
3-23           (c)  If an election to reauthorize the tax is not held before
3-24     the tax expires as provided by Subsection (a), or if a majority of
3-25     the votes cast in an election to reauthorize the tax do not favor
3-26     reauthorization, the municipality may not call an election on the
3-27     question of authorizing a new tax under this chapter before the
 4-1     first anniversary of the date on which the tax expired.
 4-2           (d)  Not later than the 10th day after the date the
 4-3     municipality determines that the tax will expire as provided by
 4-4     Subsection (a), the municipality shall notify the comptroller of
 4-5     the scheduled expiration. The comptroller may delay the scheduled
 4-6     expiration date if the comptroller notifies the municipality that
 4-7     more time is required.  The comptroller must provide a new
 4-8     expiration date  that is not later than the last day of the first
 4-9     calendar quarter occurring after the notification to the
4-10     comptroller.
4-11           Sec. 327.008.  USE OF TAX REVENUE. Revenue from the tax
4-12     imposed under this chapter may be used only to maintain and repair
4-13     municipal streets existing on the date of the election to adopt the
4-14     tax.
4-15           SECTION 2.  This Act takes effect immediately if it receives
4-16     a vote of two-thirds of all the members elected to each house, as
4-17     provided by Section 39, Article III, Texas Constitution.  If this
4-18     Act does not receive the vote necessary for immediate effect, this
4-19     Act takes effect September 1, 2001.