86R4374 CJC-D
 
  By: Geren H.B. No. 705
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the substitution of a county sales and use tax for all
  or a portion of property taxes imposed by the county; authorizing
  the imposition of a tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 3, Tax Code, is amended by
  adding Chapter 328 to read as follows:
  CHAPTER 328. COUNTY SALES AND USE TAX FOR PROPERTY TAX RELIEF
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 328.0001. APPLICABLE LAW.  (a)  Except as otherwise
  provided by this chapter, Chapter 323 applies to the tax authorized
  by this chapter in the same manner as that chapter applies to the
  tax authorized by that chapter.
         (b)  The following provisions do not apply to the tax
  authorized by this chapter:
               (1)  Section 323.101; and
               (2)  Subchapter E, Chapter 323, and the other
  provisions of Chapter 323 relating to an election.
         Sec. 328.0002.  EFFECT ON COMBINED LOCAL TAX RATE. The rate
  of a county sales and use tax imposed under this chapter may not be
  considered in determining the combined or overlapping rate in any
  area of local sales and use taxes under this subtitle or another
  law.
  SUBCHAPTER B. IMPOSITION OF TAX
         Sec. 328.0051.  TAX AUTHORIZED. A county may adopt or
  abolish the sales and use tax authorized by this chapter at an
  election held in the county.
         Sec. 328.0052.  TAX RATE. The rate of the tax authorized by
  this chapter is one percent.
         Sec. 328.0053.  SALES AND USE TAX EFFECTIVE DATE. The
  adoption or abolition of the tax authorized by this chapter takes
  effect on the next January 1 that is at least six months after the
  date the comptroller receives notice of the results of the election
  from the county.
  SUBCHAPTER C. TAX ELECTION PROCEDURES
         Sec. 328.0101.  CALLING ELECTION. An election authorized by
  this chapter is called by the adoption of an order by the
  commissioners court.
         Sec. 328.0102.  ELECTION DATE.  An election under this
  chapter must be held on the next uniform election date that occurs
  after the date of the election order and that allows sufficient time
  to comply with the requirements of other law.
         Sec. 328.0103.  BALLOT.  (a)  At an election to adopt the
  tax, the ballot shall be prepared to permit voting for or against
  the proposition: "The adoption of a local sales and use tax in
  (name of county) at the rate of one percent to reduce the county
  property tax rate."
         (b)  At an election to abolish the tax, the ballot shall be
  prepared to permit voting for or against the proposition:  "The
  abolition of the one percent sales and use tax in (name of county)
  used to reduce the county property tax rate."
  SUBCHAPTER D. USE OF TAX REVENUE
         Sec. 328.0151.  USE OF REVENUE.  Any amount derived by a
  county from the sales and use tax under this chapter is additional
  sales and use tax revenue for purposes of Section 26.041.
         SECTION 2.  Section 26.012(1), Tax Code, is amended to read
  as follows:
               (1)  "Additional sales and use tax" means an additional
  sales and use tax imposed by:
                     (A)  a municipality [city] under Section
  321.101(b);
                     (B)  a county under Chapter 323 or 328; or
                     (C)  a hospital district, other than a hospital
  district created on or after September 1, 2001, that:
                           (i)  imposes the sales and use tax under
  Subchapter I, Chapter 286, Health and Safety Code; or
                           (ii)  imposes the sales and use tax under
  Subchapter L, Chapter 285, Health and Safety Code.
         SECTION 3.  Section 31.01(i), Tax Code, is amended to read as
  follows:
         (i)  For a municipality [city or town] that imposes an
  additional sales and use tax under Section 321.101(b) [of this
  code], or a county that imposes a sales and use tax under Chapter
  323 or 328 [of this code], the tax bill shall indicate the amount of
  additional ad valorem taxes, if any, that would have been imposed on
  the property if additional ad valorem taxes had been imposed in an
  amount equal to the amount of revenue estimated to be collected from
  the additional municipal [city] sales and use tax or from the county
  sales and use tax, as applicable, for the year determined as
  provided by Section 26.041 [of this code].
         SECTION 4.  Sections 26.012(1) and 31.01(i), Tax Code, as
  amended by this Act, apply only to ad valorem taxes that are imposed
  for an ad valorem tax year that begins on or after January 1, 2020.
         SECTION 5.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2019.
         (b)  Sections 26.012(1) and 31.01(i), Tax Code, as amended by
  this Act, take effect January 1, 2020.