By: Seliger S.B. No. 1463
(In the Senate - Filed March 10, 2005; March 21, 2005, read
first time and referred to Committee on Intergovernmental
Relations; May 3, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 3, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1463 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to combined municipal sales tax ballot propositions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 321, Tax Code, is amended
by adding Section 321.409 to read as follows:
Sec. 321.409. COMBINED MUNICIPAL SALES TAX BALLOT
PROPOSITIONS. (a) Notwithstanding any provisions of this code or
other state law and subject to the provisions of this section, a
municipality may by a combined ballot proposition lower or repeal
any dedicated or special purpose municipal sales tax, including the
additional sales tax for property tax relief, and by the same
proposition raise or adopt any other dedicated or special purpose
municipal sales tax, including the additional sales tax for
property tax relief.
(b) This section does not apply to a municipal sales tax the
revenue from which:
(1) the municipality may use for any purpose for which
the general funds of the municipality may be used; or
(2) the municipality has pledged to the payment of
bonds or other indebtedness.
(c) A combined sales tax proposition under this section must
contain substantially the same language, if any, required by law
for the lowering, repealing, raising, or adopting of each tax as
appropriate.
(d) A negative vote on a combined sales tax proposition
under this section has no effect on either the sales tax to be
lowered or repealed by the proposition or the sales tax to be raised
or adopted by the proposition.
(e) This section does not apply to sales tax elections
called by any method other than by the governing body.
(f) This section may not be construed to change the
substantive law of any sales tax, including the allowed maximum
rate or combined rate of local sales taxes.
SECTION 2. This Act takes effect September 1, 2005.
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