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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of certain rapid transit authorities, |
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including the power to repeal the local sales and use tax exemption |
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for telecommunications services and the use of revenue from the |
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tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 322.109, Tax Code, is amended by |
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amending Subsection (d) and adding Subsection (f) to read as |
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follows: |
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(d) The governing board of a taxing entity created under |
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Chapter 451, Transportation Code, may not repeal the application of |
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the exemption provided by Subsection (a) unless the repeal is first |
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approved by a majority of the members of the governing body of each |
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municipality that created the taxing entity, except as authorized |
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by Subsection (f). A reinstatement of the exemption must be |
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approved in the same manner. |
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(f) The governing board of a taxing entity created before |
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1980 in which the principal municipality has a population of less |
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than 1.5 million may not repeal the application of the exemption |
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provided by Subsection (a) unless the repeal is first approved by a |
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majority vote of a committee created under Section 451.061(d), |
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Transportation Code. A reinstatement of the exemption must be |
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approved in the same manner. Revenue resulting from a repeal of the |
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application of the exemption by a taxing entity to which this |
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subsection applies may be used only to provide transportation |
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services to persons with disabilities as required by the federal |
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Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et |
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seq.) or regulations adopted under that Act. |
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SECTION 2. Section 451.061(d), Transportation Code, is |
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amended to read as follows: |
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(d) Except as provided by Subsection (d-1), the fares, |
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tolls, charges, rents, and other compensation established by an |
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authority in which the principal municipality has a population of |
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less than 1.5 [1.2] million may not take effect until approved by a |
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majority vote of a committee composed of: |
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(1) five members of the governing body of the |
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principal municipality, selected by that governing body; |
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(2) three members of the commissioners court of the |
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county having the largest portion of the incorporated territory of |
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the principal municipality, selected by that commissioners court; |
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and |
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(3) three mayors of municipalities, other than the |
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principal municipality, located in the authority, selected by: |
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(A) the mayors of all the municipalities, except |
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the principal municipality, located in the authority; or |
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(B) the mayor of the most populous municipality, |
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other than the principal municipality, in the case of an authority |
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in which the principal municipality has a population of less than |
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300,000. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |