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AN ACT
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relating to public health and safety; authorizing the imposition of |
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a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.49, Code of Criminal Procedure, is |
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amended by adding Subsections (m), (n), (o), (p), (q), (r), (s), and |
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(t) to read as follows: |
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(m) As soon as possible but not later than the next business |
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day after the date the magistrate issues an order imposing a |
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condition of bond or modifying or removing a condition imposed |
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under this article, the magistrate shall send a copy of the order to |
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the appropriate attorney representing the state and either to the |
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chief of police in the municipality where the victim of the offense |
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resides, if the victim resides in a municipality, or to the sheriff |
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of the county where the victim resides, if the victim does not |
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reside in a municipality. The clerk of the court shall send a copy |
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of the order to the victim at the victim's last known address as |
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soon as possible but not later than the next business day after the |
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date the order is issued. |
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(n) A magistrate or clerk of the court may delay sending a |
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copy of the order under Subsection (m) only if the magistrate or |
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clerk lacks information necessary to ensure service and |
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enforcement. |
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(o) If an order described by Subsection (m) prohibits a |
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defendant from going to or near a child care facility or school, the |
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magistrate shall send a copy of the order to the applicable child |
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care facility or school. |
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(p) The copy of the order and any related information may be |
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sent under Subsection (m) or (o) electronically or in another |
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manner that can be accessed by the recipient. |
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(q) If the victim of the offense is not present when an order |
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described by Subsection (m) is issued, the magistrate shall order a |
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peace officer to make a good faith effort to provide notice of the |
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order to the victim within 24 hours by calling the victim's last |
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known phone number. |
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(r) Not later than the third business day after the date of |
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receipt of the copy of an order described by Subsection (m) by the |
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applicable law enforcement agency, the law enforcement agency shall |
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enter the following information into the statewide law enforcement |
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information system maintained by the Department of Public Safety or |
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shall modify or remove that information, as appropriate: |
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(1) the information listed in Section 411.042(b)(6), |
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Government Code, as that information relates to an order issued |
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under this article; |
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(2) the date the order releasing the defendant on bond |
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was issued; and |
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(3) the court that issued the order releasing the |
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defendant on bond. |
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(s) The law enforcement agency shall enter the information |
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described by Subsection (r) into the statewide law enforcement |
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information system maintained by the Department of Public Safety: |
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(1) in the same manner that the agency enters the |
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information into the system for a protective order or magistrate's |
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order of emergency protection; and |
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(2) regardless of whether a protective order or |
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magistrate's order of emergency protection: |
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(A) has been issued or has been entered into the |
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system with respect to the defendant; or |
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(B) protects the same person as a condition of |
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bond in an order described by Subsection (m). |
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(t) The Department of Public Safety shall modify the |
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department's statewide law enforcement information system to: |
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(1) enable the system to accept and maintain detailed |
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information regarding the requirements and status of a condition of |
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bond imposed under this article, including information described by |
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Subsection (r), so that a peace officer may: |
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(A) easily and quickly search the system by one |
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or more criteria related to the information described by Subsection |
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(r), including the name of the defendant on whom the condition is |
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imposed; and |
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(B) retrieve the information necessary to |
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enforce the condition of bond or prevent a violation of the |
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condition; and |
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(2) ensure that a person who accesses the system for |
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the purpose of entering, modifying, or removing information that |
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relates to a condition of bond imposed under this article may add or |
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remove notes regarding the condition, the defendant on whom the |
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condition is imposed, or the person protected by the condition. |
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SECTION 2. Subchapter A, Chapter 772, Government Code, is |
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amended by adding Section 772.0077 to read as follows: |
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Sec. 772.0077. GRANT PROGRAM FOR MONITORING DEFENDANTS AND |
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VICTIMS IN FAMILY VIOLENCE CASES. (a) In this section: |
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(1) "Criminal justice division" means the criminal |
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justice division established under Section 772.006. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(b) The criminal justice division shall establish and |
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administer a grant program to reimburse counties for all or part of |
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the costs incurred by counties as a result of monitoring in cases |
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involving family violence defendants and victims who participate in |
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a global positioning monitoring system under Article 17.292 or |
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17.49, Code of Criminal Procedure. A grant recipient may use funds |
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from a grant awarded under the program only for monitoring |
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conducted for the purpose of restoring a measure of security and |
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safety for a victim of family violence. |
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(c) The criminal justice division shall establish: |
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(1) additional eligibility criteria for grant |
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applicants; |
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(2) grant application procedures; |
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(3) guidelines relating to grant amounts; |
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(4) procedures for evaluating grant applications; and |
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(5) procedures for monitoring the use of a grant |
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awarded under the program and ensuring compliance with any |
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conditions of a grant. |
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(d) The criminal justice division shall include in the |
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biennial report required by Section 772.006(a)(9) a detailed |
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reporting of the results and performance of the grant program |
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administered under this section. |
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(e) The criminal justice division may use any revenue |
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available for purposes of this section. |
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SECTION 3. Section 1061.151(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) The proposed budget must contain a complete financial |
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statement of: |
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(1) the outstanding obligations of the district; |
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(2) the cash on hand in each district fund; |
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(3) the money received by the district from all |
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sources during the previous year; |
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(4) the money available to the district from all |
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sources during the ensuing year; |
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(5) the balances expected at the end of the year in |
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which the budget is being prepared; |
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(6) the estimated revenue and balances available to |
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cover the proposed budget; |
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(7) the estimated ad valorem tax rate required; and |
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(8) the proposed expenditures and disbursements and |
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the estimated receipts and collections for the following fiscal |
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year. |
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SECTION 4. The heading to Subchapter F, Chapter 1061, |
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Special District Local Laws Code, is amended to read as follows: |
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SUBCHAPTER F. AD VALOREM TAXES |
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SECTION 5. Chapter 1061, Special District Local Laws Code, |
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is amended by adding Subchapter G to read as follows: |
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SUBCHAPTER G. SALES AND USE TAX |
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Sec. 1061.301. TAX AUTHORIZED. (a) The district may |
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adopt, change the rate of, or abolish a sales and use tax at an |
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election held in the district. |
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(b) The district may not adopt a tax under this subchapter |
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or increase the rate of the tax if as a result of the adoption of the |
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tax or the tax increase the combined rate of all sales and use taxes |
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imposed by the district and all other political subdivisions of |
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this state having territory in the district would exceed two |
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percent in any location in the district. |
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Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the |
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extent that a provision of this subchapter applies, Chapter 323, |
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Tax Code, applies to a tax authorized by this subchapter in the same |
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manner as that chapter applies to the tax authorized by that |
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chapter. |
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Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district |
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may impose a tax authorized by this subchapter in increments of |
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one-eighth of one percent, with a minimum rate of one-eighth of one |
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percent and a maximum rate of two percent. |
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(b) The district may increase the rate of a tax authorized |
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by this subchapter to a maximum of two percent or decrease the rate |
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of the tax to a minimum of one-eighth of one percent if the change is |
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approved by a majority of the voters of the district at an election |
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called for that purpose. |
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Sec. 1061.304. ELECTION PROCEDURE. An election to adopt, |
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change the rate of, or abolish a tax authorized by this subchapter |
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is called by the adoption of an order of the board. The board may |
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call an election on its own motion and shall call an election if a |
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number of qualified voters in the district equal to at least five |
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percent of the number of registered voters in the district |
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petitions the board to call the election. |
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Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In |
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this section, "taxing authority" means any entity authorized to |
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impose a local sales and use tax. |
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(b) If the district is included within the boundaries of |
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another taxing authority and the adoption or increase in the rate of |
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a tax under this subchapter would result in a combined tax rate by |
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the district and other political subdivisions of this state of more |
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than two percent at any location in the district, an election to |
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approve or increase the rate of the tax has no effect unless: |
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(1) one or more of the other taxing authorities holds |
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an election in accordance with the law governing that authority on |
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the same date as the election under this subchapter to reduce the |
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tax rate of that authority to a rate that will result in a combined |
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tax rate by the district and other political subdivisions of not |
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more than two percent at any location in the district; and |
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(2) the combined tax rate is reduced to not more than |
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two percent as a result of that election. |
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(c) This section does not permit a taxing authority to |
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impose taxes at differential tax rates within the territory of the |
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authority. |
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Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption, |
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change in the rate of, or abolition of a tax under this subchapter |
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takes effect on the first day of the first calendar quarter |
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occurring after the expiration of the first complete calendar |
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quarter occurring after the date on which the comptroller receives |
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notice of the results of an election to adopt, change the rate of, |
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or abolish the tax. |
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(b) If the comptroller determines that an effective date |
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provided by Subsection (a) will occur before the comptroller can |
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reasonably take the action required to begin collecting the tax or |
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to implement the change in the rate of the tax or the abolition of |
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the tax, the effective date may be extended by the comptroller until |
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the first day of the next calendar quarter. |
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Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax |
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imposed under this subchapter may be used by the district for any |
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purpose of the district authorized by law. |
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SECTION 6. Section 26.012(1), Tax Code, is amended to read |
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as follows: |
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(1) "Additional sales and use tax" means an additional |
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sales and use tax imposed by: |
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(A) a city under Section 321.101(b); |
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(B) a county under Chapter 323; or |
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(C) a hospital district, other than a hospital |
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district: |
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(i) created on or after September 1, 2001, |
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that: |
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(a) [(i)] imposes the sales and use |
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tax under Subchapter I, Chapter 286, Health and Safety Code; or |
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(b) [(ii)] imposes the sales and use |
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tax under Subchapter L, Chapter 285, Health and Safety Code; or |
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(ii) that imposes the sales and use tax |
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under Subchapter G, Chapter 1061, Special District Local Laws Code. |
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SECTION 7. Notwithstanding Section 1(b), Chapter 790 (H.B. |
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2662), Acts of the 85th Legislature, Regular Session, 2017, Section |
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401.207(g), Health and Safety Code, as amended by that Act, takes |
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effect September 1, 2021. |
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SECTION 8. Notwithstanding Section 3(b), Chapter 790 (H.B. |
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2662), Acts of the 85th Legislature, Regular Session, 2017, Section |
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401.2445, Health and Safety Code, as added by that Act, takes effect |
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September 1, 2021. |
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SECTION 9. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1804 passed the Senate on |
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April 11, 2019, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 25, 2019, by the |
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following vote: Yeas 27, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1804 passed the House, with |
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amendments, on May 22, 2019, by the following vote: Yeas 142, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |