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A BILL TO BE ENTITLED
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AN ACT
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relating to the addition of certain municipalities to the territory |
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of a regional transportation authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter P, Chapter 452, Transportation Code, |
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is amended by adding Section 452.6026 to read as follows: |
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Sec. 452.6026. ADDITION OF CERTAIN MUNICIPALITIES BY |
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ELECTION; DELAYED ENTRY. (a) In this section, "special sales and |
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use tax" means a sales and use tax levied by a municipality that is |
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in excess of one percent. |
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(b) This section applies only to a municipality that levies |
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a special sales and use tax that, when combined with the authority's |
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sales and use tax, would result in a sales and use tax rate of more |
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than two percent in the territory of the municipality. |
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(c) A municipality that does not have territory that is part |
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of an authority may be added to the territory of an authority on a |
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date determined by the executive committee if: |
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(1) any part of the territory of the municipality is |
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located in a county in which the authority has territory or in a |
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county that is adjacent to a county in which the authority has |
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territory; |
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(2) the executive committee states, by resolution, the |
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authority's intention to provide transportation services in the |
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territory of the municipality; |
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(3) the governing body of the municipality calls an |
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election on the addition of the territory of the municipality to the |
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territory of the authority; and |
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(4) a majority of the votes cast in the election favor |
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the proposition. |
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(d) At any time after the date of the election approving the |
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addition of the territory of the municipality to the territory of |
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the authority, the executive committee and the governing body of |
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the municipality may enter into an interlocal agreement that |
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provides for the eventual admission of the territory of the |
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municipality to the territory of the authority, provided that the |
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admission of the territory of the municipality to the territory of |
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the authority is delayed until the municipality's special sales and |
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use tax is reduced to a rate that will not impair the imposition of |
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the authority's sales and use tax. |
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(e) Notwithstanding Section 452.607, a sales and use tax |
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imposed by the authority takes effect in the territory of the |
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municipality on the first day of the first calendar quarter that |
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begins after the date the comptroller receives a certified copy of |
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an order adopted by the executive committee adding the territory of |
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the municipality, accompanied by a map of the authority clearly |
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showing the territory added. |
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SECTION 2. 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, 2015. |