By Madla                                              S.B. No. 1168
         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.