Amend HB 3540 on third reading by striking Section 
370.352(a), Transportation Code, as added by Amendment No. 28 by 
Dukes and as amended by Amendment No. 31 by Davis and substituting 
the following:
	(a)  A county by order of the commissioners court, may impose 
a tax on the sale of gasoline sold in the county to propel a motor 
vehicle on the public highways of this state if:
		(1)  the county is included in an authority or is 
adjacent to such a county, provided that a county not included in 
the authority must be located in the same metropolitan planning 
organization as the county in the authority to which it is adjacent;
		(2)  the county is located in the boundaries of a 
metropolitan planning area that is served by a metropolitan 
planning organization; and
		(3)  imposition of the tax is approved at an election 
called for that purpose and held in each county located in that 
metropolitan planning area.
	(a-1)  This subchapter, including Subsection (a), does not 
apply to a county with a population of more than two million.