By Wentworth                                          S.B. No. 1459
         77R5966 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the Bexar County Hospital District to
 1-3     impose a sales and use tax.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 281, Health and Safety Code, is amended by
 1-6     adding Subchapter H to read as follows:
 1-7       SUBCHAPTER H. SALES AND USE TAXATION AUTHORITY OF BEXAR COUNTY
 1-8                              HOSPITAL DISTRICT
 1-9           Sec. 281.141.  DEFINITION. In this subchapter, "district"
1-10     means the Bexar County Hospital District.
1-11           Sec. 281.142.  APPLICABILITY OF OTHER LAW. Except to the
1-12     extent that a provision of this subchapter applies, Chapter 323,
1-13     Tax Code, applies to a tax authorized by this subchapter, except
1-14     that Sections 323.101(b) and (c) do not apply.
1-15           Sec. 281.143.  TAXING AUTHORITY. (a)  The district may adopt
1-16     or abolish a sales and use tax authorized by this subchapter at an
1-17     election held in the district.
1-18           (b)  The district may not adopt a tax under this subchapter
1-19     if as a result of the adoption of the tax the combined rate of all
1-20     sales and use taxes imposed by the district and all other political
1-21     subdivisions of this state having territory in the district would
1-22     exceed 2.25 percent in any location in the district.
1-23           Sec. 281.144.  TAX RATE. The rate of the tax authorized by
1-24     this subchapter is:
 2-1                 (1)  one-eighth of one percent; or
 2-2                 (2)  one-quarter of one percent.
 2-3           Sec. 281.145.  TAX EFFECTIVE DATE. (a)  The adoption or
 2-4     abolition of a tax under this subchapter takes effect on the first
 2-5     day of the first calendar quarter occurring after the expiration of
 2-6     the first complete calendar quarter occurring after the date on
 2-7     which the comptroller receives notice of the results of the
 2-8     election.
 2-9           (b)  If the comptroller determines that an effective date
2-10     provided by Subsection (a)  will occur before the comptroller can
2-11     reasonably take the action required to begin collecting the tax or
2-12     to implement the abolition of the tax, the effective date may be
2-13     extended by the comptroller until the first day of the next
2-14     calendar quarter.
2-15           Sec. 281.146.  ELECTION PROCEDURE. An election to adopt or
2-16     abolish a tax authorized by this subchapter is called by the
2-17     adoption of an order of the board.  The board may call an election
2-18     on its own motion and shall call an election if a number of
2-19     qualified voters in the district equal to at least five percent of
2-20     the number of registered voters in the district petitions the board
2-21     to call the election.
2-22           Sec. 281.147.  USE OF TAX REVENUE. Revenue from a tax imposed
2-23     under this subchapter may be used by the district only to fund
2-24     level I trauma operations.
2-25           SECTION 2. Section 26.012(1), Tax Code, is amended to read as
2-26     follows:
2-27                 (1)  "Additional sales and use tax" means an additional
 3-1     sales and use tax imposed by a city under Section 321.101(b) of
 3-2     this code, a sales and use tax imposed by a county under Chapter
 3-3     323 of this code, or a sales and use tax imposed by a hospital
 3-4     district other than a hospital district that imposes a sales and
 3-5     use tax under Subchapter H, Chapter 281, Health and Safety Code.
 3-6           SECTION 3.  This Act takes effect immediately if it receives
 3-7     a vote of two-thirds of all the members elected to each house, as
 3-8     provided by Section 39, Article III, Texas Constitution.  If this
 3-9     Act does not receive the vote necessary for immediate effect, this
3-10     Act takes effect September 1, 2001.