By: Carona S.B. No. 1461

(In the Senate - Filed March 7, 2013; March 18, 2013, read first time and referred to Committee on Transportation; April 15, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 15, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1461 By: Campbell

A BILL TO BE ENTITLED

AN ACT

relating to addition of certain municipalities to the territory of a regional transportation authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 452.6025, Transportation Code, is amended to read as follows:

Sec. 452.6025. ADDITION OF CERTAIN MUNICIPALITIES BY ELECTION. (a) In this section, "special sales and use tax" means a sales and use tax levied by a municipality that is in excess of one percent[:

[(1) a sales and use tax levied by a municipality under:

[(A) Chapter 504 or 505, Local Government Code;

[(B) Section 379A.081, Local Government Code, for the benefit of a municipal development corporation; or

[(C) Section 363.055, Local Government Code, for the benefit of a crime control and prevention district; or

[(2) an additional municipal sales and use tax levied by a municipality under Chapter 321, Tax Code].

(b) This section applies only to a municipality that levies a special sales and use tax that, when combined with the authority's sales and use tax, would result in a sales and use tax rate of more than two percent in the territory of the municipality.

(c) A [Notwithstanding Section 452.606, a] municipality that does not have territory that is [not] part of an authority may be added to the territory of an authority on a date determined by the executive committee if:

(1) any part of the territory of the municipality is located in a county in which the authority has territory or in a county that is adjacent to a county in which the authority has territory;

(2) the executive committee states, by resolution, the authority's intention to provide transportation services in the territory of the municipality;

(3) [(2)] the governing body of the municipality calls an election on the addition of the territory of the municipality to the territory of the authority; and

(4) [(3)] a majority of the votes cast in the election favor the proposition.

(d) The election in a municipality to approve the addition of the territory of the municipality to the territory of the authority is to be treated for all purposes as an election to reduce the rate of the municipality's special sales and use tax, on the effective date determined by the executive committee, to the highest rate that will not impair the imposition of the authority's sales and use tax.

(e) At any time after the date of the election approving the addition of the territory of the municipality to the territory of the authority, the executive committee and the governing body of the municipality may enter into an interlocal agreement that provides for the eventual admission of the territory of the municipality to the territory of the authority.

(f) Notwithstanding Section 452.607, a sales and use tax imposed by the authority takes effect in the territory of the municipality on the first day of the first calendar quarter that begins after the date the comptroller receives a certified copy of an order adopted by the executive committee adding the territory of the municipality, accompanied by a map of the authority clearly showing the territory added.

SECTION 2. 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, 2013.

* * * * *