HBA-NLM S.B. 1511 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1511
By: Ogden
County Affairs
5/14/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, certain local governments are authorized to levy local taxes,
including a county sales tax and a metropolitan transit authority (MTA)
tax.  However, state law prohibits local taxes from exceeding a total of 2
percent.  An MTA tax imposed within a small area of a county may limit the
amount of sales tax the county can levy.  This limitation may prevent some
counties from being able to raise enough revenue to pay for necessary
county services.  S.B. 1511 sets forth provisions regarding the creation of
a county assistance district in certain counties in which a rapid transit
or regional transportation authority is located. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 12, Local Government Code, by adding
Chapter 384 to read as follows: 

CHAPTER 384.  COUNTY ASSISTANCE DISTRICT

Sec. 384.001.  DEFINITION.  Defines "district."

Sec. 384.002.  APPLICABILITY.  Provides that this chapter applies only to a
county that has a population of less than 45,000 and any portion of which
is included in an authority governed by Chapter 451 or 452, Transportation
Code. 

Sec. 384.003. CREATION AND FUNCTIONS OF DISTRICT.  (a)  Authorizes the
commissioners court of the county to call an election on the question of
creating a county assistance district (district) under this chapter to
perform certain district functions.  

(b)  Provides that the order calling the election must define the
boundaries of the district to include any portion of the county that is not
located in an authority governed by Chapter 451 or 452, Transportation
Code, and call for the election to be held within those boundaries. 

(c)  Specifies that the ballot at the election must be printed to permit
voting for or against the proposition, and provides the language for the
ballot. 

(d)  Provides that the district is created if a majority of the votes
received at the election favor the creation of the district. 

(e)   Prohibits another election on the question of creating a county
assistance district, if a majority of the votes received at the election
are against the creation of the district, from being held in the county
before the first anniversary of the most recent election concerning the
creation of a district. 

 (f)  Authorizes the commissioners court to call an election to be held in
an area of the county that is not located in a district created under this
section to determine whether the area should be included in the district
and whether the district's sales and use tax should be imposed in the area.
Prohibits an election from being held in an area that is included in an
authority governed by Chapter 451 or 452, Transportation Code.  Provides
that the area is included in the district and the sales and use tax is
imposed if a majority of the votes received at the election favor inclusion
in the district and imposition of the sales and use tax. 

Sec. 384.004.  POLITICAL SUBDIVISION.  Establishes that a district is a
political subdivision of this state. 

Sec. 384.005.  GOVERNING BODY.  Provides that the commissioners court of
the county in which the district is created is the governing body of the
district.  Specifies that a member of the commissioners court is not
entitled to compensation for service on the governing body of the district
but is entitled to reimbursement for actual and necessary expenses. 

Sec. 384.006.  GENERAL POWERS OF DISTRICT.  Sets forth the general powers
and authority of a district.  Establishes the rulemaking authority of the
district.  Authorizes a district to contract with a public or private
person to perform any act the district is authorized to perform under this
chapter.  Prohibits a district from levying an ad valorem tax. 

Sec. 384.007.  SALES AND USE TAX.  Authorizes a district by order to impose
a sales and use tax under this chapter to finance the operations of the
district only if the tax is approved at an election held under Section
384.003.  Prohibits a district from adopting a sales and use tax under this
chapter if the adoption of the tax would result in a combined tax rate of
all local sales and use taxes of more than two percent in any location in
the district. 

Sec. 384.008.  TAX CODE APPLICABLE.  Provides that Chapter 323, Tax Code,
governs the imposition, computation, administration, collection, and
remittance of a tax authorized under this chapter except as inconsistent
with this chapter, and specifies that Section 323.101(b), Tax Code, does
not apply to a tax authorized by this chapter. 

Sec. 384.009.  TAX RATE.  Specifies that the rate of a tax adopted under
this chapter must be one-eighth, one-fourth, three-eighths, or one-half of
one percent. 

Sec. 384.010.  REPEAL OR RATE CHANGE.  Authorizes a district that has
adopted a sales and use tax under this chapter to, by order and subject to
Section 384.007(b), change the rate of the tax or repeal the tax if the
change or repeal is approved by a majority of the votes received in the
district at an election held for that purpose.  Authorizes the tax to be
changed in one or more increments of one-eighth of one percent to a maximum
of one-half of one percent.  Sets forth the ballot for an election to
change the tax and the ballot for the election to repeal the tax. 
 
Sec. 384.011.  IMPOSITION OF TAX.  Specifies that a tax is imposed on the
receipts from the sale at retail of taxable items in the district at the
rate approved at the election, if the district adopts the tax.  Provides
that there is also imposed an excise tax on the use, storage, or other
consumption in the district of tangible personal property purchased,
leased, or rented from a retailer during the period that the tax is
effective in the district.  Provides that the rate of the excise tax is the
same as the rate of the sales tax portion of the tax and is applied to the
sale price of the tangible personal property. 

Sec. 384.012.  EFFECTIVE DATE OF TAX.  Specifies the date on which the
adoption of the tax, the change of the tax rate, or the repeal of the tax
takes effect. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.