By Zbranek                                             H.B. No. 602
         77R1523 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation and financing of hospital districts in
 1-3     small counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading to Subchapter E, Chapter 285, Health
 1-6     and Safety Code, is amended to read as follows:
 1-7            SUBCHAPTER E.  [HOSPITAL DISTRICT] SALES AND USE TAX
 1-8                          TO LOWER AD VALOREM TAXES
 1-9           SECTION 2. Section 285.061(a), Health and Safety Code, is
1-10     amended to read as follows:
1-11           (a)  A hospital district that is authorized to impose ad
1-12     valorem taxes may adopt a sales and use tax to lower the district's
1-13     ad valorem taxes at an election held as provided by this
1-14     subchapter. A district may[,] change the rate of the [its] sales
1-15     and use tax[,] or abolish the [its] sales and use tax at an
1-16     election held as provided by this subchapter. Subject to the
1-17     limitations provided by Subsections (c) and (d), the district may
1-18     impose the tax in increments of one-eighth of one percent, with a
1-19     minimum tax of one-eighth of one percent and a maximum tax of two
1-20     percent.
1-21           SECTION 3.  Section 285.062(c), Health and Safety Code, is
1-22     amended to read as follows:
1-23           (c)  At an election to adopt the tax, the ballot shall be
1-24     prepared to permit voting for or against the proposition: "The
 2-1     adoption of a local sales and use tax in (name of district) at the
 2-2     rate of (proposed tax rate) percent to be used to reduce the
 2-3     district property taxes."
 2-4           SECTION 4. Chapter 285, Health and Safety Code, is amended by
 2-5     adding Subchapter L to read as follows:
 2-6              SUBCHAPTER L.  SALES AND USE TAX TO RAISE REVENUE
 2-7                       FOR DISTRICTS IN SMALL COUNTIES
 2-8           Sec. 285.161.  TAX AUTHORIZED. (a)  A majority of voters in a
 2-9     hospital district created under general or special law of which all
2-10     or a majority of the territory is located in a county or counties
2-11     each with a population of 75,000 or less may impose a sales and use
2-12     tax to raise revenue if the imposition is authorized at an election
2-13     under this subchapter.
2-14           (b)  A district may not adopt a tax under this subchapter or
2-15     increase the rate of the tax if as a result of the adoption or
2-16     increase the combined rate of all sales and use taxes imposed by
2-17     the district and other political subdivisions of this state having
2-18     territory in the district would exceed two percent at any location
2-19     in the district after the application of Section 285.164.
2-20           Sec. 285.162.  TAX RATE; CHANGE IN RATE. (a)  A district may
2-21     impose the tax in increments of one-eighth of one percent, with a
2-22     minimum rate of one-eighth of one percent and a maximum rate of two
2-23     percent.
2-24           (b)  A district may increase the rate of the tax to a maximum
2-25     of two percent or decrease the rate of the tax to a minimum of
2-26     one-eighth of one percent if the change is approved by a majority
2-27     of the voters of the district at an election called for that
 3-1     purpose.
 3-2           Sec. 285.163.  TAX ELECTION PROCEDURES. (a)  An election is
 3-3     called by the adoption of a resolution by the governing body of the
 3-4     district.  The governing body shall call an election if at least
 3-5     five percent of the number of registered voters in the district
 3-6     petition the governing body to call the election.
 3-7           (b)  At an election to adopt the tax, the ballot shall be
 3-8     prepared to permit voting for or against the proposition: "The
 3-9     adoption of a local sales and use tax to raise revenue in (name of
3-10     district) at the rate of (proposed tax rate) percent."
3-11           (c)  At an election to abolish the tax, the ballot shall be
3-12     prepared to permit voting for or against the proposition: "The
3-13     abolition of the local sales and use tax to raise revenue in (name
3-14     of district)."
3-15           (d)  At an election to change the rate of the tax, the ballot
3-16     shall be prepared to permit voting for or against the proposition:
3-17     "The (increase or decrease, as applicable) in the rate of the local
3-18     sales and use tax to raise revenue imposed by (name of district)
3-19     from (tax rate on election date) percent to (proposed tax rate)
3-20     percent."
3-21           Sec. 285.164.  IMPOSITION IN DISTRICT WITH OTHER TAXING
3-22     AUTHORITY. (a)  In this section, "taxing authority" means an entity
3-23     authorized to impose a tax under:
3-24                 (1)  Chapter 775 or 776, Health and Safety Code;
3-25                 (2)  Chapter 326, 334, 335, 363, 377, or 383, Local
3-26     Government Code, or Chapter 384, Local Government Code, as added by
3-27     Chapter 1283, Acts of the 76th Legislature, Regular Session, 1999;
 4-1                 (3)  Chapter 324 or 325, Tax Code;
 4-2                 (4)  the Development Corporation Act of 1979 (Article
 4-3     5190.6, Vernon's Texas Civil Statutes);
 4-4                 (5)  Chapter 289, Acts of the 73rd Legislature, Regular
 4-5     Session, 1993; or
 4-6                 (6)  Chapter 1316, Acts of the 75th Legislature,
 4-7     Regular Session, 1997.
 4-8           (b)  If a district or proposed district is included within
 4-9     the boundaries of another taxing authority and the adoption or
4-10     increase of the tax under this subchapter would result in a
4-11     combined tax rate by the district and other political subdivisions
4-12     of this state of more than two percent at any location in the
4-13     district, the election to approve or increase the tax under this
4-14     subchapter is to be treated for all purposes as an election to
4-15     reduce the tax rate of the other taxing authority to the highest
4-16     rate that will not result in a combined tax rate by the district
4-17     and other political subdivisions of more than two percent at any
4-18     location in the district.  If the district or proposed district is
4-19     located within the boundaries of only one taxing authority and the
4-20     adoption or increase of the tax under this subchapter will result
4-21     in a decrease of the tax rate of the taxing authority, the ballot
4-22     at the election to impose or increase the tax must clearly state
4-23     that the adoption or increase of the tax will result in a reduction
4-24     of the tax rate of the taxing authority.  If the district or
4-25     proposed district is included within the boundaries of more than
4-26     one taxing authority, the election to impose or increase the tax
4-27     under this subchapter must allow the voters to choose which taxing
 5-1     authority's tax will be reduced.
 5-2           (c)  An election under this section may not be held if the
 5-3     taxing authority notifies the entity ordering the election that the
 5-4     resulting reduction in the authority's tax will impair any existing
 5-5     contracts or bonds.
 5-6           (d)  This section does not permit a taxing authority to
 5-7     impose taxes at differential tax rates within the territory of the
 5-8     authority.
 5-9           Sec. 286.165.  USE OF TAX. The taxes imposed may be used to
5-10     pay:
5-11                 (1)  the indebtedness issued or assumed by the
5-12     district; and
5-13                 (2)  the maintenance and operating expenses of the
5-14     district.
5-15           Sec. 285.166.  EFFECTIVE DATE. (a)  The adoption or abolition
5-16     of the tax or a change in the rate of the tax takes effect on the
5-17     first day of the first calendar quarter occurring after the
5-18     expiration of the first complete calendar quarter occurring after
5-19     the date the comptroller receives a notice of the results of the
5-20     election.
5-21           (b)  If the comptroller determines that an effective date
5-22     provided by Subsection (a) will occur before the comptroller can
5-23     reasonably take the action required to begin collecting the tax or
5-24     to implement the abolition of the tax or the change in the rate of
5-25     the tax, the effective date may be extended by the comptroller
5-26     until the first day of the next calendar quarter.
5-27           Sec. 285.167.  COUNTY SALES AND USE TAX ACT APPLICABLE.
 6-1     Except to the extent that a provision of this chapter applies,
 6-2     Chapter 323, Tax Code, applies to the tax authorized by this
 6-3     chapter in the same manner as that chapter applies to the tax
 6-4     authorized by that chapter.
 6-5           SECTION 5. Section 286.022(a), Health and Safety Code, is
 6-6     amended to read as follows:
 6-7           (a)  The petition prescribed by Section 286.021 must show:
 6-8                 (1)  that the district is to be created and is to
 6-9     operate under Article IX, Section 9, of the Texas Constitution;
6-10                 (2)  the name of the proposed district;
6-11                 (3)  the district's boundaries as designated by metes
6-12     and bounds or other sufficient legal description;
6-13                 (4)  that none of the territory in the district is
6-14     included in another hospital district;
6-15                 (5)  the names of the temporary directors the
6-16     commissioners court must appoint under Section 286.030 or a request
6-17     that the commissioners court appoint temporary directors;
6-18                 (6)  whether the district is to impose a property tax
6-19     and the maximum tax rate to be voted on at the creation election,
6-20     which may not exceed 75 cents on the $100 valuation of all taxable
6-21     property in the district;
6-22                 (7)  whether the district is to impose a sales and use
6-23     tax under Subchapter I and the maximum tax rate to be voted on at
6-24     the creation election, which may not exceed the rate allowed under
6-25     that subchapter;
6-26                 (8)  the method by which the permanent directors will
6-27     be elected, as provided by Subsection (c); and
 7-1                 (9) [(8)]  the mailing address of each petitioner.
 7-2           SECTION 6. Sections 286.023(d) and (e), Health and Safety
 7-3     Code, are amended to read as follows:
 7-4           (d)  At the time and place set for the hearing, the
 7-5     commissioners court shall consider the petition.  The commissioners
 7-6     court shall grant the petition if the court finds that the petition
 7-7     is in proper form and contains the information required by Section
 7-8     286.022.  The commissioners court may grant a petition proposing
 7-9     creation of a hospital district that imposes a sales and use tax
7-10     under Subchapter I only if all or a majority of the territory of
7-11     the district is located in a county or counties each with a
7-12     population of 75,000 or less.
7-13           (e)  If a petition is granted, the commissioners court shall
7-14     order an election to confirm the district's creation and to
7-15     authorize the levy of a tax not to exceed the maximum tax rate
7-16     [amount] prescribed by the petition [on each $100 of the taxable
7-17     value of all taxable property in the district].
7-18           SECTION 7. Section 286.026, Health and Safety Code, is
7-19     amended to read as follows:
7-20           Sec. 286.026.  BALLOT PROPOSITION. (a)  The ballot for an
7-21     [the] election proposing to create a hospital district that imposes
7-22     a property tax shall be printed to permit voting for or against the
7-23     proposition:  "The creation of the __________ (name of district)
7-24     Hospital District and the levy of annual property taxes for
7-25     hospital purposes at a rate not to exceed __________ (insert the
7-26     amount prescribed by the petition, not to exceed 75 cents) cents on
7-27     each $100 valuation of all taxable property in the district."
 8-1           (b)  The ballot for an election proposing to create a
 8-2     hospital district that imposes a sales and use tax under Subchapter
 8-3     I shall be printed to permit voting for or against the proposition:
 8-4     "The creation of the __________ (name of district) Hospital
 8-5     District and the levy of sales and use taxes for hospital purposes
 8-6     at a rate not to exceed __________ (insert the amount prescribed by
 8-7     the petition, not to exceed the amount allowed under Subchapter I)
 8-8     percent."
 8-9           (c)  If a bond proposition is submitted to the voters, the
8-10     ballot for the election shall contain the proposition prescribed by
8-11     Subsection (a) or (b) followed by [be printed to permit voting for
8-12     or against the proposition]:  "[The creation of the __________
8-13     (name of district) Hospital District, the levy of annual taxes for
8-14     hospital purposes at a rate not to exceed __________ (insert the
8-15     amount prescribed by the petition, not to exceed 75 cents) cents on
8-16     each $100 valuation of all taxable property in the district,] and
8-17     the issuance of bonds in an amount not to exceed __________ (insert
8-18     the amount prescribed by the petition or the commissioners court's
8-19     order) and to mature not later than __________ (insert the date
8-20     prescribed by the petition or the commissioners court's order)."
8-21           SECTION 8. Section 286.101, Health and Safety Code, is
8-22     amended by adding Subsection (g) to read as follows:
8-23           (g)  If a district imposes a sales and use tax under
8-24     Subchapter I, the territory added to the district must be located
8-25     in a county or counties each with a population of 75,000 or less,
8-26     and the addition of the territory may not result in a combined tax
8-27     rate by the hospital district and other political subdivisions of
 9-1     this state of more than two percent at any location in the
 9-2     district.
 9-3           SECTION 9. Sections 286.104(b) and (c), Health and Safety
 9-4     Code, are amended to read as follows:
 9-5           (b)  After the board finds that the district is dissolved,
 9-6     the board shall[:]
 9-7                 [(1)]  determine the debt owed by the district[;] and:
 9-8                 (1)  if the district imposes a property tax,
 9-9     [(2)]  impose on the property included in the district's tax rolls
9-10     a tax that is in proportion of the debt to the property value; or
9-11                 (2)  if the district imposes a sales and use tax under
9-12     Subchapter I, continue the tax until the debt is repaid.
9-13           (c)  The board may institute a suit to enforce payment of
9-14     taxes and to foreclose liens to secure the payment of property
9-15     taxes due the district.
9-16           SECTION 10. Section 286.105, Health and Safety Code, is
9-17     amended to read as follows:
9-18           Sec. 286.105.  RETURN OF SURPLUS PROPERTY TAX MONEY. (a)
9-19     When all outstanding debts and obligations of the district are
9-20     paid, the board shall order the secretary to return the pro rata
9-21     share of all unused property tax money to each district taxpayer.
9-22           (b)  A taxpayer may request that the taxpayer's share of
9-23     surplus property tax money be credited to the taxpayer's county
9-24     taxes. If a taxpayer requests the credit, the board shall direct
9-25     the secretary to transmit the funds to the county tax
9-26     assessor-collector.
9-27           SECTION 11. Section 286.124(b), Health and Safety Code, is
 10-1    amended to read as follows:
 10-2          (b)  The proposed budget must contain a complete financial
 10-3    statement, including a statement of:
 10-4                (1)  the outstanding obligations of the district;
 10-5                (2)  the amount of cash on hand to the credit of each
 10-6    fund of the district;
 10-7                (3)  the amount of money received by the district from
 10-8    all sources during the previous year;
 10-9                (4)  the amount of money available to the district from
10-10    all sources during the ensuing year;
10-11                (5)  the amount of the balances expected at the end of
10-12    the year in which the budget is being prepared;
10-13                (6)  the estimated amount of revenues and balances
10-14    available to cover the proposed budget; and
10-15                (7)  the estimated property tax rate that will be
10-16    required, if the district imposes a property tax.
10-17          SECTION 12. The heading to Subchapter H, Chapter 286, Health
10-18    and Safety Code, is amended to read as follows:
10-19                       SUBCHAPTER H.  PROPERTY TAXES
10-20          SECTION 13. Section 286.161, Health and Safety Code, is
10-21    amended to read as follows:
10-22          Sec. 286.161.  TAX AUTHORIZED [LEVY OF TAXES]. (a)  A
10-23    majority of voters in a district or proposed district may, at the
10-24    creation election under Subchapter B or in conjunction with any
10-25    other district election, authorize the district to impose a
10-26    property tax.
10-27          (b)  The board annually may impose property taxes in an
 11-1    amount not to exceed the limit approved by the voters at the
 11-2    election authorizing the levy of taxes.
 11-3          (c) [(b)]  The tax rate for all purposes may not exceed 75
 11-4    cents on each $100 valuation of all taxable property in the
 11-5    district.
 11-6          (d) [(c)]  The taxes may be used to pay:
 11-7                (1)  the indebtedness issued or assumed by the
 11-8    district; and
 11-9                (2)  the maintenance and operating expenses of the
11-10    district.
11-11          (e) [(d)]  The district may not impose taxes to pay the
11-12    principal of or interest on revenue bonds issued under this
11-13    chapter.
11-14          SECTION 14. Chapter 286, Health and Safety Code, is amended
11-15    by amending Subchapter I and adding Subchapter X to read as
11-16    follows:
11-17             SUBCHAPTER I.  SALES AND USE TAXES FOR DISTRICTS
11-18                             IN SMALL COUNTIES
11-19          Sec. 286.171.  TAX AUTHORIZED. (a)  A majority of voters in a
11-20    proposed district of which all or a majority of the territory is
11-21    located in a county or counties each with a population of 75,000 or
11-22    less may impose a sales and use tax if the imposition is authorized
11-23    at the creation election under Subchapter B.
11-24          (b)  An election to authorize the imposition of a sales and
11-25    use tax under this subchapter may be held only in conjunction with
11-26    a creation election under Subchapter B.
11-27          Sec. 286.172.  LIMITATION ON COMBINED TAX RATE; EFFECT ON
 12-1    ELECTIONS. An election to create a hospital district and to
 12-2    authorize the imposition of a sales and use tax under this
 12-3    subchapter, or an election to change the tax rate under Section
 12-4    286.174, has no effect if as a result of the adoption of the sales
 12-5    and use tax or the change in the rate the combined rate of all
 12-6    sales and use taxes imposed by the district and other political
 12-7    subdivisions of this state having territory in the district would
 12-8    exceed two percent at any location in the district after the
 12-9    application of Section 286.173.
12-10          Sec. 286.173.  IMPOSITION IN DISTRICT WITH OTHER TAXING
12-11    AUTHORITY. (a)  In this section, "taxing authority" means an entity
12-12    authorized to impose a tax under:
12-13                (1)  Chapter 775 or 776, Health and Safety Code;
12-14                (2)  Chapter 326, 334, 335, 363, 377, or 383, Local
12-15    Government Code, or Chapter 384, Local Government Code, as added by
12-16    Chapter 1283, Acts of the 76th Legislature, Regular Session, 1999;
12-17                (3)  Chapter 324 or 325, Tax Code;
12-18                (4)  the Development Corporation Act of 1979 (Article
12-19    5190.6, Vernon's Texas Civil Statutes);
12-20                (5)  Chapter 289, Acts of the 73rd Legislature, Regular
12-21    Session, 1993; or
12-22                (6)  Chapter 1316, Acts of the 75th Legislature,
12-23    Regular Session, 1997.
12-24          (b)  If a district or proposed district is included within
12-25    the boundaries of another taxing authority and the adoption or
12-26    increase of the tax under this subchapter would result in a
12-27    combined tax rate by the district and other political subdivisions
 13-1    of this state of more than two percent at any location in the
 13-2    district, the election to approve or increase the tax under this
 13-3    subchapter is to be treated for all purposes as an election to
 13-4    reduce the tax rate of the other taxing authority to the highest
 13-5    rate that will not result in a combined tax rate by the district
 13-6    and other political subdivisions of more than two percent at any
 13-7    location in the district.  If the district or proposed district is
 13-8    located within the boundaries of only one taxing authority, and the
 13-9    adoption or increase of the tax under this subchapter will result
13-10    in a decrease of the tax rate of the taxing authority, the ballot
13-11    at the election to impose or increase the tax must clearly state
13-12    that the adoption or increase of the tax will result in a reduction
13-13    of the tax rate of the taxing authority. If the district or
13-14    proposed district is included within the boundaries of more than
13-15    one taxing authority, the election to impose or increase the tax
13-16    under this subchapter must allow the voters to choose which taxing
13-17    authority's tax will be reduced.
13-18          (c)  An election under this section may not be held if the
13-19    taxing authority notifies the entity ordering the election that the
13-20    resulting reduction in the authority's tax will impair any existing
13-21    contracts or bonds.
13-22          (d)  This section does not permit a taxing authority to
13-23    impose taxes at differential tax rates within the territory of the
13-24    authority.
13-25          Sec. 286.174.  TAX RATE; CHANGE IN RATE. (a)  A district may
13-26    impose the tax in increments of one-eighth of one percent, with a
13-27    minimum rate of one-eighth of one percent and a maximum rate of two
 14-1    percent.
 14-2          (b)  Subject to Section 286.172, a district may increase the
 14-3    rate of the tax to a maximum of two percent or decrease the rate of
 14-4    the tax to a minimum of one-eighth of one percent if the change is
 14-5    approved by a majority of the voters of the district at an election
 14-6    called for that purpose.
 14-7          Sec. 286.175.  USE OF TAX. The taxes imposed may be used to
 14-8    pay:
 14-9                (1)  the indebtedness issued or assumed by the
14-10    district; and
14-11                (2)  the maintenance and operating expenses of the
14-12    district.
14-13          Sec. 286.176.  EFFECTIVE DATE. (a)  The adoption or abolition
14-14    of the tax or a change in the rate of the tax takes effect on the
14-15    first day of the first calendar quarter occurring after the
14-16    expiration of the first complete calendar quarter occurring after
14-17    the date the comptroller receives a notice of the results of the
14-18    election.
14-19          (b)  If the comptroller determines that an effective date
14-20    provided by Subsection (a)  will occur before the comptroller can
14-21    reasonably take the action required to begin collecting the tax or
14-22    to implement the abolition of the tax or the change in the rate of
14-23    the tax, the effective date may be extended by the comptroller
14-24    until the first day of the next calendar quarter.
14-25          Sec. 286.177.  COUNTY SALES AND USE TAX ACT APPLICABLE.
14-26    Except to the extent that a provision of this chapter applies,
14-27    Chapter 323, Tax Code, applies to the tax authorized by this
 15-1    chapter in the same manner as that chapter applies to the tax
 15-2    authorized by that chapter.
 15-3                       SUBCHAPTER X.  MISCELLANEOUS
 15-4          Sec. 286.951 [286.181].  LIMITATION ON STATE ASSISTANCE. The
 15-5    state may not become obligated for the support or maintenance of a
 15-6    hospital district created under this chapter, and the legislature
 15-7    may not make a direct appropriation for the construction,
 15-8    maintenance, or improvement of a facility of the district.
 15-9          SECTION 15. Section 26.012(1), Tax Code, is amended to read
15-10    as follows:
15-11                (1)  "Additional sales and use tax" means an additional
15-12    sales and use tax imposed by:
15-13                      (A)  a city under Section 321.101(b);
15-14                      (B)  [of this code, a sales and use tax imposed
15-15    by] a county under Chapter 323; [of this code,] or
15-16                      (C)  [a sales and use tax imposed by] a hospital
15-17    district, other than a hospital district created on or after
15-18    September 1, 2001, that:
15-19                            (i)  imposes the sales and use tax under
15-20    Subchapter I, Chapter 286, Health and Safety Code; or
15-21                            (ii)  imposes the sales and use tax under
15-22    Subchapter L, Chapter 285, Health and Safety Code.
15-23          SECTION 16. This Act takes effect September 1, 2001.