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 * * * * *