1-1     By:  Madla                                            S.B. No. 1168
 1-2           (In the Senate - Filed March 6, 2001; March 8, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; March 28, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; March 28, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to authorizing counties to order a referendum on the
 1-9     increase or decrease of flood control taxes or the use of funds
1-10     generated by flood control taxes.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Chapter 411, Local Government Code, is amended by
1-13     adding Section 411.009 to read as follows:
1-14           Sec. 411.009.  REFERENDUM ON FLOOD CONTROL TAX AND PROJECTS
1-15     FUNDED.  (a)  The commissioners court of a county may order a
1-16     referendum on the question of whether:
1-17                 (1)  flood control taxes should be increased;
1-18                 (2)  flood control taxes should be decreased; or
1-19                 (3)  an existing or proposed flood control project
1-20     should receive funding.
1-21           (b)  The ballot for a referendum under this section shall be
1-22     printed to permit voting for or against one or more of the
1-23     following propositions:
1-24                 (1)  "Whether the flood control tax imposed under
1-25     Section 1-a, Article VIII, Texas Constitution, should be increased
1-26     by (state amount of increase as a percentage or as a specific
1-27     amount)";
1-28                 (2)  "Whether the flood control tax imposed under
1-29     Section 1-a, Article VIII, Texas Constitution, should be decreased
1-30     by (state amount of decrease as a percentage or as a specific
1-31     amount)"; or
1-32                 (3)  "Whether the following flood control projects
1-33     should receive funds generated by the flood control tax imposed
1-34     under Section 1-a, Article VIII, Texas Constitution (list any flood
1-35     control projects designated by the commissioners court as available
1-36     for funding)."
1-37           (c)  If a majority of votes cast in the referendum approve an
1-38     increase in the flood control tax, the flood control tax is
1-39     increased.  If a majority of votes cast in the referendum approve a
1-40     decrease in the flood control tax, the flood control tax is
1-41     decreased.  A flood control project for which a majority of the
1-42     votes cast at the referendum do not approve funding may not receive
1-43     funds from revenue generated by the flood control tax.
1-44           SECTION 2.  This Act takes effect immediately if it receives
1-45     a vote of two-thirds of all the members elected to each house, as
1-46     provided by Section 39, Article III, Texas Constitution.  If this
1-47     Act does not receive the vote necessary for immediate effect, this
1-48     Act takes effect September 1, 2001.
1-49                                  * * * * *