BILL ANALYSIS

S.B. 169

By: Hegar

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

When a county wishes to implement a venue tax, it must put before voters a ballot which states the name of the taxing authority, a description of the venue project, and the type and amount of the tax. The ballot measure requires majority approval. Should the taxing authority later wish to devote proceeds to another project, it must again seek voter approval. The problem is that the statutorily mandated ballot language does not make clear that a taxing authority may not be proposing a new or increased tax, but only seeking voter approval for expenditure of funds raised by an existing and already approved tax.

S.B. 169 modifies ballot language by providing an option to make clear that the election is either imposing a new tax or directing revenue from an existing tax ("impose a new" or "authorize the use of the existing"). The proposal has the support of the Aransas County Commissioners Court and no known opposition exists.

As proposed, S.B. 169 amends current law relating to ballot language for an election to approve and finance a municipal or county venue project.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

ANALYSIS

SECTION 1. Amends Section 334.024(c), Local Government Code, to modify the required language to be used in a ballot at an election authorized under this section.

SECTION 2. Makes application of this Act prospective.

EFFECTIVE DATE

Effective date: September 1, 2013