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Amend HB 2510 (Senate committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS and
renumber subsequent SECTIONS accordingly:
SECTION ____. (a) The purpose of Chapter 329, Tax Code, as
added by this section, is to promote and provide for funding for
commuter rail transit between municipalities located in the
counties to which that chapter applies.
(b) Subtitle C, Title 3, Tax Code, is amended by adding
Chapter 329 to read as follows:
CHAPTER 329. SALES AND USE TAXES BY CERTAIN MUNICIPALITIES
Sec. 329.001. DEFINITION. In this chapter, "transit sales
and use tax" means a sales and use tax imposed for the support of
transportation services authorized under the Transportation Code.
Sec. 329.002. APPLICABILITY. This chapter applies only to
a municipality located wholly or partly in:
(1) a district created under Article 6550c-3, Revised
Statutes;
(2) one or both of two contiguous counties, each of
which has a population of one million or more; or
(3) a county contiguous to one of the counties
described in Subdivision (2).
Sec. 329.003. TRANSIT SALES AND USE TAX NOT COUNTED IN
COMBINED LOCAL TAX RATE. Notwithstanding any other law, the rate of
a transit sales and use tax imposed within the territory of a
municipality to which this chapter applies may not be considered in
determining the combined or overlapping rate of local sales and use
taxes in the municipality for any purpose other than as provided in
Section 329.004.
Sec. 329.004. LIMITATION FOR TRANSIT SALES AND USE TAXES.
Notwithstanding any other law, the rate of all transit sales and use
taxes imposed within the territory of a municipality to which this
chapter applies may not exceed one percent at any location in the
municipality.
SECTION ____. Sections 321.101(b) and (e), Tax Code, are
amended to read as follows:
(b) A municipality that is not disqualified may, by a
majority vote of the qualified voters of the municipality voting at
an election held for that purpose, adopt an additional sales and use
tax for the benefit of the municipality in accordance with this
chapter. A municipality, other than a municipality to which
Chapter 329 applies, is disqualified from adopting the additional
sales and use tax if the municipality:
(1) is included within the boundaries of a rapid
transit authority created under Chapter 451, Transportation Code;
(2) is included within the boundaries of a regional
transportation authority created under Chapter 452, Transportation
Code, by a principal municipality having a population of less than
800,000, unless the municipality has a population of 400,000 or
more and is located in more than one county;
(3) is wholly or partly located in a county that
contains territory within the boundaries of a regional
transportation authority created under Chapter 452, Transportation
Code, by a principal municipality having a population in excess of
800,000, unless:
(A) the municipality is a contiguous
municipality; or
(B) the municipality is not included within the
boundaries of the authority and is located wholly or partly in a
county in which fewer than 250 persons are residents of both the
county and the authority according to the most recent federal
census; or
(C) the municipality is not and on January 1,
1993, was not included within the boundaries of the authority; or
(4) imposes a tax authorized by Chapter 453,
Transportation Code.
(e) An authority created under Chapter 451 or 452,
Transportation Code, is prohibited from imposing the tax provided
for by those chapters if within the boundaries of the authority
there is a municipality, other than a municipality to which Chapter
329 applies, that has adopted the additional sales and use tax
provided for by this section.
(2) In SECTION 1 of the bill, in new Section 8, Article
6550c-3, Revised Statutes, strike Subsection (f) (page 5, lines
4-8), and reletter subsequent subsections accordingly.