84R6302 JRR-F
 
  By: Turner of Tarrant H.B. No. 3485
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the 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.  Subchapter P, Chapter 452, Transportation Code,
  is amended by adding Section 452.6026 to read as follows:
         Sec. 452.6026.  ADDITION OF CERTAIN MUNICIPALITIES BY
  ELECTION; DELAYED ENTRY. (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.
         (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 municipality that does not have territory that is 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)  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)  a majority of the votes cast in the election favor
  the proposition.
         (d)  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, provided that the
  admission of the territory of the municipality to the territory of
  the authority is delayed until the municipality's special sales and
  use tax is reduced to a rate that will not impair the imposition of
  the authority's sales and use tax.
         (e)  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, 2015.