By McClendon H.B. No. 3009 77R8038 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing counties to order a referendum on the 1-3 increase or decrease of flood control taxes or the use of funds 1-4 generated by flood control taxes. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 411, Local Government Code, is amended by 1-7 adding Section 411.009 to read as follows: 1-8 Sec. 411.009. REFERENDUM ON FLOOD CONTROL TAX AND PROJECTS 1-9 FUNDED. (a) The commissioners court of a county may order a 1-10 referendum on the question of whether: 1-11 (1) flood control taxes should be increased; 1-12 (2) flood control taxes should be decreased; or 1-13 (3) an existing or proposed flood control project 1-14 should receive funding. 1-15 (b) The ballot for a referendum under this section shall be 1-16 printed to permit voting for or against one or more of the 1-17 following propositions: 1-18 (1) "Whether the flood control tax imposed under 1-19 Section 1-a, Article VIII, Texas Constitution, should be increased 1-20 by (state amount of increase as a percentage or as a specific 1-21 amount)"; 1-22 (2) "Whether the flood control tax imposed under 1-23 Section 1-a, Article VIII, Texas Constitution, should be decreased 1-24 by (state amount of decrease as a percentage or as a specific 2-1 amount)"; or 2-2 (3) "Whether the following flood control projects 2-3 should receive funds generated by the flood control tax imposed 2-4 under Section 1-a, Article VIII, Texas Constitution (list any flood 2-5 control projects designated by the commissioners court as available 2-6 for funding)." 2-7 (c) If a majority of votes cast in the referendum approve an 2-8 increase in the flood control tax, the flood control tax is 2-9 increased. If a majority of votes cast in the referendum approve a 2-10 decrease in the flood control tax, the flood control tax is 2-11 decreased. A flood control project for which a majority of the 2-12 votes cast at the referendum do not approve funding may not receive 2-13 funds from revenue generated by the flood control tax. 2-14 SECTION 2. This Act takes effect immediately if it receives 2-15 a vote of two-thirds of all the members elected to each house, as 2-16 provided by Section 39, Article III, Texas Constitution. If this 2-17 Act does not receive the vote necessary for immediate effect, this 2-18 Act takes effect September 1, 2001.