1-1     By:  Seaman, et al. (Senate Sponsor - Armbrister)     H.B. No. 1723
 1-2           (In the Senate - Received from the House April 9, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of a county employment development board
 1-9     in certain counties to develop programs for rural economic
1-10     assistance for career training; authorizing a tax.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Subtitle B, Title 12, Local Government Code, is
1-13     amended by adding Chapter 386 to read as follows:
1-14         CHAPTER 386.  COUNTY EMPLOYMENT DEVELOPMENT BOARD FOR RURAL
1-15                                  COUNTIES
1-16                      SUBCHAPTER A.  GENERAL PROVISIONS
1-17           Sec. 386.001.  DEFINITIONS. In this chapter:
1-18                 (1)  "Board" means a county employment development
1-19     board.
1-20                 (2)  "Rural county" means a county with a population of
1-21     50,000 or less.
1-22           Sec. 386.002.  CREATION IN RURAL COUNTY. The commissioners
1-23     court of a rural county may establish a county employment
1-24     development board.
1-25              (Sections 386.003-386.020 reserved for expansion
1-26       SUBCHAPTER B.  COUNTY EMPLOYMENT DEVELOPMENT BOARD; POWERS AND
1-27                                   DUTIES
1-28           Sec. 386.021.  BOARD MEMBERSHIP. (a)  The board consists of
1-29     9, 11, 13, or 15 members appointed by the commissioners court.
1-30           (b)  The board must include:
1-31                 (1)  a member of the commissioners court of the
1-32     county;
1-33                 (2)  a superintendent, or a representative of a
1-34     superintendent, from a school district located primarily in the
1-35     county;
1-36                 (3)  an employee of a public community college that
1-37     serves the  county, or a person with experience in workforce
1-38     training, economic development, or higher education;
1-39                 (4)  an official from another governmental entity in
1-40     the county;
1-41                 (5)  at least five members of the county's business
1-42     community; and
1-43                 (6)  any other person whose presence on the board will
1-44     further the purposes of this chapter.
1-45           (c)  A majority of the board membership must be
1-46     representatives of the county's business community.
1-47           (d)  A member of the board serves a two-year term expiring
1-48     February 1 of each odd-numbered year.
1-49           (e)  The board may elect a member to serve as the presiding
1-50     officer.
1-51           Sec. 386.022.  BOARD POWERS AND DUTIES. (a)  The board may:
1-52                 (1)  establish and operate one or more programs in the
1-53     county that provide economic assistance for career training, that
1-54     promote adult job training, economic development, and career and
1-55     technology education in the county, and that may include efforts
1-56     to:
1-57                       (A)  develop continuing education, including job
1-58     training and skills enhancement;
1-59                       (B)  assist public schools in the creation of
1-60     career and technology education programs;
1-61                       (C)  assist businesses in the creation of
1-62     employment opportunities through job training;
1-63                       (D)  assist local workforce development boards in
1-64     achieving their job training and skills development goals at the
 2-1     county level; and
 2-2                       (E)  develop and fund, or assist institutions of
 2-3     higher education in developing and funding, training and
 2-4     educational programs for nurses;
 2-5                 (2)  develop partnerships between businesses, public
 2-6     schools, institutions of higher education, and the Texas
 2-7     Engineering Extension Service;
 2-8                 (3)  employ necessary personnel; and
 2-9                 (4)  contract with a private person or a political
2-10     subdivision of this state.
2-11           (b)  To the extent the board determines necessary to
2-12     administer its functions, the board may cooperate with:
2-13                 (1)  a local workforce development board;
2-14                 (2)  the Texas Agricultural Extension Service;
2-15                 (3)  an economic development corporation;
2-16                 (4)  an industrial development corporation; and
2-17                 (5)  a partnership established under Section 311.005,
2-18     Labor Code, between a local workforce development board and another
2-19     local or regional entity.
2-20           (c)  The board may impose a fee for participation in a
2-21     program and may administer any funds collected for a program under
2-22     this chapter.  The fee authorized by this section is in addition to
2-23     any tax authorized by this chapter.
2-24           (d)  The board may adopt rules to accomplish the goals of
2-25     this chapter.
2-26           (e)  The board shall contract with the county auditor to
2-27     review the board's finances every fiscal year.
2-28           Sec. 386.023.  OPEN MEETINGS AND OPEN RECORDS. Chapters 551
2-29     and 552, Government Code, apply to the board.
2-30              (Sections 386.024-386.040 reserved for expansion
2-31                      SUBCHAPTER C.  SALES AND USE TAX
2-32           Sec. 386.041.  SALES AND USE TAX AUTHORIZED. (a)  A county
2-33     may impose a sales and use tax at the rate of one-eighth of one
2-34     percent in the county for the benefit of a program under this
2-35     chapter if a majority of the votes cast at an election held for
2-36     that purpose favor the imposition of the tax.
2-37           (b)  A county may not impose a sales and use tax under this
2-38     subchapter if the adoption of the tax under this subchapter would
2-39     result in a combined tax rate of all local sales and use taxes of
2-40     more than two percent in any location in the county.
2-41           Sec. 386.042.  ELECTION. (a)  The commissioners court may
2-42     order an election to impose a sales and use tax under this
2-43     subchapter.
2-44           (b)  The election shall be held on the first uniform election
2-45     date that occurs on or after the 45th day following the date the
2-46     commissioners court orders the election.
2-47           (c)  At an election to adopt the tax, the ballot shall be
2-48     prepared to permit voting for or against the proposition: "The
2-49     adoption of a local sales and use tax  at the rate of one-eighth of
2-50     one percent to provide funding for the operation of a program for
2-51     rural economic assistance for career training in ____  (name of
2-52     county)."
2-53           (d)  If a majority of the votes received at the election
2-54     favor the proposition, the tax is adopted.
2-55           Sec. 386.043.  TAX CODE APPLICABLE. (a)  Chapter 323, Tax
2-56     Code, governs the imposition, computation, administration,
2-57     collection, and remittance of a tax authorized under this chapter
2-58     except as inconsistent with this chapter.
2-59           (b)  Section 323.101(b), Tax Code, does not apply to a tax
2-60     authorized by this chapter.
2-61           Sec. 386.044.  IMPOSITION OF TAX. (a)  If the county adopts a
2-62     tax under this subchapter, a tax is imposed on the receipts from
2-63     the sale at retail of taxable items in the county at the rate of
2-64     one-eighth of one percent during the period that the tax is
2-65     effective in the county.
2-66           (b)  There is also imposed an excise tax on the use, storage,
2-67     or other consumption in the county of tangible personal property
2-68     purchased, leased, or rented from a retailer during the period that
2-69     the tax is effective in the county.  The rate of the excise tax is
 3-1     the same as the rate of the sales tax portion of the tax and is
 3-2     applied to the sale price of the tangible personal property.
 3-3           Sec. 386.045.  USE OF REVENUE. Revenue from a tax imposed
 3-4     under this subchapter may be used only to operate a program under
 3-5     this chapter in the county.  The board may award grants for program
 3-6     purposes to local businesses, school districts, or other entities
 3-7     with revenue from a tax imposed under this subchapter.  The board
 3-8     shall contract with the grant recipient to ensure that the program
 3-9     purposes are promoted by the grant.
3-10           Sec. 386.046.  ABOLITION OF TAX. (a)  The commissioners court
3-11     may:
3-12                 (1)  call an election to abolish the tax; or
3-13                 (2)  abolish the tax on finding that the purposes for
3-14     which the tax was imposed under this subchapter have been
3-15     accomplished.
3-16           (b)  At an election to abolish the tax, the ballot shall be
3-17     prepared to permit voting for or against the proposition: "The
3-18     abolition of a local sales and use tax for the operation of a
3-19     program for rural economic assistance for career training in ____
3-20     (name of county)."
3-21           (c)  If a majority of the votes received at the election
3-22     favor the proposition, the tax is abolished.
3-23           Sec. 386.047.  EFFECTIVE DATE OF TAX. (a)  The adoption or
3-24     abolition of a tax under this subchapter takes effect on the first
3-25     day of the first calendar quarter occurring after the expiration of
3-26     the first complete quarter occurring after the date the comptroller
3-27     receives a notice of the order abolishing the tax or the results of
3-28     the election adopting or abolishing the tax.
3-29           (b)  If the comptroller determines that an effective date
3-30     provided by Subsection (a)  will occur before the comptroller can
3-31     reasonably take the action required to begin collecting the tax or
3-32     to implement the abolition of the tax, the effective date may be
3-33     extended by the comptroller until the first day of the next
3-34     succeeding calendar quarter.
3-35           Sec. 386.048.  SALES TAX NOT EXCLUSIVE. The sales and use tax
3-36     authorized by this subchapter is in addition to any other tax or
3-37     fee authorized by this chapter.
3-38              (Sections 386.049-386.060 reserved for expansion
3-39                         SUBCHAPTER D.  PROPERTY TAX
3-40           Sec. 386.061.  PROPERTY TAX AUTHORIZED. For the benefit of a
3-41     program under this chapter, the commissioners court may:
3-42                 (1)  impose a new property tax in the county at a rate
3-43     not to exceed three cents on the $100 valuation of taxable
3-44     property;
3-45                 (2)  increase the property tax rate in the county by an
3-46     amount not to exceed three cents on the $100 valuation of taxable
3-47     property; or
3-48                 (3)  use revenue collected from a county property tax
3-49     imposed under another law, in an amount not to exceed three cents
3-50     on the $100 valuation of property taxed.
3-51           Sec. 386.062.  USE OF PROPERTY TAX REVENUE. Revenue from a
3-52     tax imposed under this subchapter may be used only as provided by
3-53     Section 386.045 for revenue collected under Subchapter C.
3-54           Sec. 386.063.  PROPERTY TAX NOT EXCLUSIVE. The property tax
3-55     authorized by this subchapter is in addition to any other tax or
3-56     fee authorized by this chapter.
3-57           SECTION 2. Sections 4A(f) and (m), Development Corporation
3-58     Act of 1979  (Article 5190.6, Vernon's Texas Civil Statutes), are
3-59     amended to read as follows:
3-60           (f)  On receipt of the proceeds of the sales and use tax
3-61     imposed under this section from the comptroller, the city shall
3-62     deliver the proceeds to the corporation to use in carrying out its
3-63     functions.  Tax proceeds may be used to pay the principal of,
3-64     interest on, and other costs relating to the corporation's bonds,
3-65     but neither the bonds nor any instrument related to the bonds may
3-66     give a bondholder a right to demand payment from tax proceeds in
3-67     excess of those collected from the tax imposed by this section. Tax
3-68     proceeds may also be used to:
3-69                 (1)  pay expenses incurred by the corporation under
 4-1     Section 38 of this Act relating to job training; or
 4-2                 (2)  provide funding to a county employment development
 4-3     board created under Chapter 386, Local Government Code, for any
 4-4     purpose authorized by that chapter.
 4-5           (m)  In an election to adopt the tax under this section, the
 4-6     ballot shall be printed to provide for voting for or against the
 4-7     proposition:  "The adoption of a sales and use tax for the
 4-8     promotion and development of new and expanded business enterprises
 4-9     and job or career training at the rate of __________ of one
4-10     percent" (one-eighth, one-fourth, three-eighths, or one-half to be
4-11     inserted as appropriate).
4-12           SECTION 3. Section 4B(g), Development Corporation Act of 1979
4-13     (Article 5190.6, Vernon's Texas Civil Statutes), is amended to read
4-14     as follows:
4-15           (g)  On receipt of the proceeds of the sales and use tax
4-16     imposed under this section from the comptroller, the eligible city
4-17     shall deliver the proceeds to the corporation.  Tax proceeds may be
4-18     used to:
4-19                 (1)  pay the costs of projects of the types added to
4-20     the definition of that term by Subsection (a)  of this section;
4-21     [or]
4-22                 (2)  pay the principal of, interest on, and other costs
4-23     relating to bonds or other obligations issued by the corporation to
4-24     pay the costs of the projects or to refund bonds or other
4-25     obligations issued to pay the costs of projects; or
4-26                 (3)  provide funding to a county employment development
4-27     board created under Chapter 386, Local Government Code, for any
4-28     purpose authorized by that chapter.
4-29           SECTION 4. The changes in law made by this Act to Sections
4-30     4A(f) and 4B(g), Development Corporation Act of 1979 (Article
4-31     5190.6, Vernon's Texas Civil Statutes), apply to any tax proceeds
4-32     used by a development corporation on or after the effective date of
4-33     this Act, without regard to when the tax was imposed or collected.
4-34           SECTION 5.  This Act takes effect immediately if it receives
4-35     a vote of two-thirds of all the members elected to each house, as
4-36     provided by Section 39, Article III, Texas Constitution.  If this
4-37     Act does not receive the vote necessary for immediate effect, this
4-38     Act takes effect September 1, 2001.
4-39                                  * * * * *