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Amend CSHB 3 in ARTICLE 5 of the bill by adding the following
appropriately numbered SECTION to PART A of the ARTICLE and
renumbering subsequent SECTIONS of the part accordingly:
SECTION 5A.__. (a) At the general election to be held
November 8, 2005, the voters of this state shall be permitted to
vote in a nonbinding referendum on the increases in the state sales
tax rate under Section 151.051, Tax Code, as provided by Sections
5A.01 and 5A.01A of this article.
(b) Notwithstanding Subsection (a), if an election is held
before November 8, 2005, on one or more amendments to the Texas
Constitution proposed by the 79th Legislature, the referendum
required by this section shall be held on that date.
(c) The ballot for the referendum shall be printed to permit
voting "Yes" or "No" on the following propositions:
(1) "Do you approve of the state sales tax rate
increase to 6.5 percent?"; and
(2) "Should the state sales tax rate increase to a rate
of 6.75 percent if the constitutional amendment proposed by S.J.R.
No. 38, Acts of the 79th Legislature, Regular Session, 2005, is
approved by the voters?".
(d) The proposition shall be printed on the ballot beneath
any proposed constitutional amendments under the heading:
"Nonbinding Statewide Referendum."
(e) Except as otherwise provided by this section, the
election shall be conducted in the same manner as an election on a
proposed amendment to the Texas Constitution. If an election on one
or more proposed constitutional amendments will be conducted on the
same date, notice of the election on the referendum proposition
shall be given by inclusion of the proposition in the proclamation
by the governor ordering the election on the proposed
constitutional amendments and in the notice of that election given
by each county judge.
(f) Immediately after the results of the election are
certified by the governor, the secretary of state shall transmit a
copy of the certification to the lieutenant governor and the
speaker of the house of representatives.
(g) It is the legislature's intention that the will of the
people as reflected by the results of the election should be given
the highest consideration by the legislature and the governor in
acting to address the important issue of taxation in this state.