C.S.H.B. 1770 78(R)    BILL ANALYSIS


C.S.H.B. 1770
By: Keel
State Cultural and Recreational Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes local option elections in any county for the
creation of public library districts funded by a local sales tax of up to
one-half of one percent.  The law also provides that if the boundaries of
a proposed district include any territory that is part of a municipality
that has a municipal public library, the governing authority of that
municipality must consent by resolution to allow the inclusion of that
municipal territory in the proposed district.  C.S.H.B. 1770 includes in
the definition of a municipal public library the condition that a library
be accredited for membership in the state library system and addresses the
taxation utilized when creating a library district.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 326, Local Government Code, by
adding Section 326.097, as follows: 

Sec. 326.097.  EFFECT OF TAX ON CERTAIN OTHER TAXING UNITS.  (a)  This
section applies only to a municipality that does not have a municipal
public library. 

(b)  Provides that an election to adopt or increase the local sales and
use tax under this subchapter is to be treated also as an election that
will have the effect of reducing the tax rate of an industrial development
district if: 

(1)  all or any part of the proposed district is included within the
boundaries of an industrial development corporation created under Section
4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
Civil Statutes), by the municipality after the date of the first filing of
a petition with the commissioners court of the county to create a library
district under this chapter; and 
(2)  the adoption or increase of the local sales and use tax under this
subchapter would result in a combined tax rate of more than two percent in
any location in the proposed district. 

(c)  If the voters approve the adoption or increase of the district tax
under Subsection (b), the tax rate to which the development corporation's
tax is reduced is the highest rate that will not result in a combined tax
rate of more than two percent in any location in the proposed district. 

(d)  The rate of the tax imposed by the development corporation is
increased without further action of the board or the voters of the
development corporation or the district on the date on which the tax
imposed under this subchapter is decreased or expires. The development
corporation's tax rate increases only to the extent that any tax imposed
by the development corporation was reduced under this section when the tax
imposed by the district was adopted or increased. 
 (e)  This section does not permit a taxing unit to impose taxes at
different tax rates in the territory of the unit. 

(f)  For the purposes of holding an election under this chapter, a
petition filed with the commissioners court of the county to create a
library district under this chapter is effective and valid for subsequent
filing purposes until the second anniversary of the date on which the
petition was first filed. 

SECTION 2.  Amends Section 326.003(3), Local Government Code, to include
in the definition of a municipal public library the condition that a
library be accredited for membership in the state library system. 
  
SECTION 3.  Amends Section 326.022(c), Local Government Code, to provide
that if the boundaries of the proposed district include any territory
that, on the date on which a petition is filed, rather than on which an
election is ordered, on the question of creating the district, is part of
a municipality that operates, rather than operated,  a municipal public
library, then the governing authority of that municipality must consent by
resolution to allow the inclusion of that municipal territory in the
proposed district.  

SECTION 4.  The changes in law made by Sections 2 and 3 of this Act
applies to a petition that is filed before, on, or after the effective
date of this Act. 

SECTION 5.  This Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution.  If this Act does not receive
the vote necessary for immediate effect, this Act takes effect September
1, 2003. 

EFFECTIVE DATE

Immediately, if approved by two-thirds of the legislature. If not approved
immediately, the Act takes effect September 1, 2003.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by affecting only municipalities
that do not have a municipal public library. Whereas, the original
affected municipalities that did not support the petition to create a
library district within the previous five years and did not have a library
accredited for membership in the state library system when the petition
was filed. The substitute adds the condition that all or any part of the
proposed library district be within the boundaries of an industrial
development corporation created by the municipality after the date of the
first filing of a petition to create a district in order for an election
to adopt or increase the local sales and use tax to be treated as an
election that will have the effect of reducing the tax rate of an
industrial development district.  

Furthermore, the substitute decreases the time frame, from the fifth to
the second anniversary, that a petition filed to create a library district
is effective and valid for subsequent filings. The substitute also makes
this time frame provision applicable to petitions filed before the
effective date of this Act.