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.
 
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