By: Hinojosa  S.B. No. 1889
         (In the Senate - Filed March 9, 2007; March 22, 2007, read
  first time and referred to Committee on Intergovernmental
  Relations; April 27, 2007, reported favorably by the following
  vote:  Yeas 4, Nays 0; April 27, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use of sales tax revenue to pay or secure certain
  municipal public securities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1331, Government Code, is amended by
  adding Subchapter Z to read as follows:
  SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
         Sec. 1331.901.  USE OF SALES TAX TO PAY OR SECURE CERTAIN
  PUBLIC SECURITIES. (a)  In this section, "public security" has the
  meaning assigned by Section 1201.002.
         (b)  Revenue derived from a sales and use tax received by a
  municipality may be used to pay or secure the payment of public
  securities issued by or on behalf of the municipality to finance the
  acquisition, construction, equipping, renovation, or improvement
  of any public work or other project any part of which is located in:
               (1)  a tax increment reinvestment zone created under
  Chapter 311, Tax Code;
               (2)  an area designated as an enterprise zone under
  Chapter 2303;
               (3)  a municipal management district created under
  general or local law;
               (4)  a public improvement district created under
  Chapter 372, Local Government Code;
               (5)  an empowerment zone or an enterprise community
  designated under Section 1391, Internal Revenue Code of 1986; or
               (6)  a renewal community designated under Section
  1400E, Internal Revenue Code of 1986.
         SECTION 2.  Section 321.506, Tax Code, is amended to read as
  follows:
         Sec. 321.506.  USE OF TAX REVENUE BY MUNICIPALITY. Except as
  provided by Section 321.507, the money received by a municipality
  under this chapter is for the use and benefit of the municipality
  and may be used for any purpose for which the general funds of the
  municipality may be used.  However, [except that] a municipality
  may not pledge the revenue received under this chapter to the
  payment of bonds or other indebtedness except as provided by
  Section 1331.901, Government Code.
         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, 2007.
 
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