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
1-25 amount)"; or
2-1 (3) "Whether the following flood control projects
2-2 should receive funds generated by the flood control tax imposed
2-3 under Section 1-a, Article VIII, Texas Constitution (list any flood
2-4 control projects designated by the commissioners court as available
2-5 for funding)."
2-6 (c) If a majority of votes cast in the referendum approve an
2-7 increase in the flood control tax, the flood control tax is
2-8 increased. If a majority of votes cast in the referendum approve a
2-9 decrease in the flood control tax, the flood control tax is
2-10 decreased. A flood control project for which a majority of the
2-11 votes cast at the referendum do not approve funding may not receive
2-12 funds from revenue generated by the flood control tax.
2-13 SECTION 2. This Act takes effect immediately if it receives
2-14 a vote of two-thirds of all the members elected to each house, as
2-15 provided by Section 39, Article III, Texas Constitution. If this
2-16 Act does not receive the vote necessary for immediate effect, this
2-17 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1168 passed the Senate on
April 5, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1168 passed the House on
May 8, 2001, by the following vote: Yeas 147, Nays 0, two present,
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor