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A BILL TO BE ENTITLED
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AN ACT
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relating to the holding by a county, municipality, or junior |
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college district of a petition-initiated election on whether to |
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establish a limitation on increases in the amount of ad valorem |
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taxes imposed by the county, municipality, or junior college |
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district on residence homesteads of the elderly or disabled. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.261, Tax Code, is amended by adding |
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Subsections (a-1), (a-2), and (a-3) to read as follows: |
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(a-1) This subsection applies only to a county, general-law |
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municipality, or junior college district that, in any 36-month |
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period, has held at least two elections under Section 1-b(h), |
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Article VIII, Texas Constitution, each of which was called on |
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receipt of a petition under that section and at each of which the |
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voters of the county, general-law municipality, or junior college |
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district did not approve the establishment of a limitation on |
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county, municipal, or junior college district tax increases under |
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that section. Notwithstanding the subsequent receipt of a valid |
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petition under Section 1-b(h), Article VIII, Texas Constitution, |
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the county, municipality, or junior college district may not hold |
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another election under that section before the third anniversary of |
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the date of the most recent of the two elections held in a 36-month |
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period under that section by the county, municipality, or junior |
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college district. |
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(a-2) Subsection (a-1) may not be construed to: |
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(1) prohibit the governing body of a county, |
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general-law municipality, or junior college district from |
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establishing, at any time and by its own action in the manner |
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required by law for official action, a limitation on county, |
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municipal, or junior college district tax increases under Section |
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1-b(h), Article VIII, Texas Constitution; or |
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(2) prohibit the governing body of a county, |
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general-law municipality, or junior college district that is |
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authorized by a law outside this code to call, without a voter |
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petition, an election under Section 1-b(h), Article VIII, Texas |
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Constitution, from calling, at any time and by its own action in the |
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manner required by law for official action, a subsequent election |
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under that section to allow the voters of the county, municipality, |
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or junior college district to determine whether to establish a |
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limitation on county, municipal, or junior college district tax |
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increases under that section. |
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(a-3) This subsection applies only to a home-rule |
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municipality that, in any 36-month period, has held at least two |
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elections under Section 1-b(h), Article VIII, Texas Constitution, |
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each of which was called on receipt of a petition under that section |
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and at each of which the voters of the home–rule municipality did |
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not approve the establishment of a limitation on municipal tax |
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increases under that section. On the subsequent receipt of a valid |
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petition under Section 1-b(h), Article VIII, Texas Constitution, |
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the governing body of the municipality shall order an election on |
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the question but, notwithstanding any other state or local law, may |
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choose to hold the election as part of the next regularly scheduled |
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election for municipal officers that occurs after the date the |
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governing body of the municipality orders the election and that |
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allows sufficient time to prepare the ballot in compliance with |
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other requirements of law. |
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SECTION 2. This Act takes effect September 1, 2007. |