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S.B. No. 1730
AN ACT
relating to the use of ad valorem taxes by a municipality or county
for a sports and community venue project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 334, Local Government
Code, is amended by adding Section 334.0241 to read as follows:
Sec. 334.0241. ELECTION ON USE OF AD VALOREM TAXES.
(a) The governing body of a municipality or county imposing a
hotel occupancy tax under Subchapter H may order an election on the
question of approving the use of revenue derived from ad valorem
taxes to finance a venue project.
(b) The ballot at the election held under this section must
be printed to permit voting for or against the proposition:
"Authorizing ________ (insert name of municipality or
county) to use an amount not to exceed __________ (insert
percentage of property tax revenue or dollar amount of revenue to be
used) of the revenue derived from the _______ (insert "county" or
"municipal") property tax, in addition to the hotel occupancy tax
and any other applicable taxes, for the purpose of financing the
_________ (describe the venue project)."
(c) If a majority of the votes cast at the election under
this section favor the use of revenue derived from ad valorem taxes
to finance a venue project, the municipality or county shall
annually deposit an amount not to exceed the authorized amount of ad
valorem tax revenue in the venue project fund of the municipality or
county and may use that amount to finance the venue project.
SECTION 2. Subsection (f), Section 334.041, Local
Government Code, is amended to read as follows:
(f) A municipality or county may not use revenue derived
from ad valorem taxes to construct, operate, maintain, or renovate
a venue that is part of an approved venue project. This provision
does not apply to:
(1) a venue authorized under Section 334.001(4)(D) or
(F); or
(2) a county or municipality for which the use of
revenue derived from ad valorem taxes to finance a venue project is
approved at an election held under Section 334.0241.
SECTION 3. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1730 passed the Senate on
May 16, 2005, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1730 passed the House on
May 25, 2005, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor