HBA-GUM S.B. 1876 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1876
By: Nixon
Ways & Means
5/14/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, the Sam Rayburn Municipal Power Agency (agency), which serves
the cities of Jasper, Livingston, and Liberty, has incurred a great amount
of debt and requires additional tax revenue to remain solvent.  The cities
cannot retire the debt by raising taxes because they have reached their
sales tax ceiling.  Permitting the cities to raise taxes by a one-half cent
sales tax to pay off bonded indebtedness may permit the agency to be
relieved of the debt.  The tax increase would be submitted to the voters of
the three cities for approval, and last for a period not to exceed 10
years.  S.B. 1876 authorizes the aforementioned cities to impose a one-half
cent sales tax, and sets forth the language of the ballot to adopt the tax
and of the ballot to abolish the tax.  

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 Subchapter D, Chapter 163, Utilities Code, by adding
Section 163.103, as follows:  

Sec. 163.103.  AUTHORITY TO IMPOSE SALES AND USE TAX.  Provides that
Chapter 321 (Municipal Sales and Use Tax Act), Tax Code, applies to the tax
authorized by this section in the same manner as that chapter applies to
the tax authorized by that chapter, except to the extent that a provision
of this section applies.  Provides that Section 321.101(f), Tax Code, does
not apply to the tax authorized by this section provided that Section
321.101(f) does apply to a municipality of which the electric utility has
between 30,000 and 50,000 meter connections.  (Section 321.101(f) limits a
municipal sales and use tax rate to no more than two percent at any
location in the municipality.) 

(b)  Authorizes a municipality that participates in a municipal power
agency created under this subchapter to adopt or abolish the sales and use
tax authorized by this section at an election held in the municipality.
Establishes that the tax rate is one-half percent. 

(c)  Provides the effective date of the adoption or abolition of the tax.
Authorizes the effective date to be extended by the comptroller of public
accounts (comptroller) to a specified date, if the comptroller does not
have an opportunity to take the required action for the tax collection, or
tax abolishment.   

(d)  Provides that an election to adopt, or abolish the tax is called by
the adoption of an order by the governing body of the municipality.
Requires the governing body to call an election if a certain number of
qualified voters petition the body to call the election.  

(e)  Sets forth the language of the ballot to adopt the tax. 

(f)  Sets forth the language of the ballot to abolish the tax.

(g)  Authorizes the revenue collected from the tax to be used only to
retire the  municipality's share of the bonded indebtedness, on September
1, 1999, of the municipal power agency in which the municipality
participates.  Requires that the municipality's share of the debt be
determined in accordance with the ratio that the population of the
municipality bears to the total population of all participating public
entities, if the municipal power agency has not determined a municipality's
share of the bonded indebtedness by September 1, 1999.  

(h)  Prohibits a sales and use tax under this section from being collected
after the last day of the first calendar quarter occurring after the
earlier of the 10th anniversary of the date the municipality began
collecting the tax; or the date the municipality notifies the comptroller
of the abolishment of the tax, that the municipality's share of the bonded
indebtedness has been paid in full, or that the amount of the bonded
indebtedness has been set in a trust account dedicated to the payment of
the bonds.  

(i)  Requires the municipality to notify the comptroller of the expiration
of the tax not later than the 60th day before the expiration date. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment No. 1 modifies proposed Section 163.103(a) in SECTION 1 to
provide that Section 321.101(f), Tax Code, does not apply to the tax
authorized by this section in a municipality with a population of 30,000 or
less or that has a municipality owned electric utility that has 50,000 or
more meter connections.  This provision would  replace the provision
establishing that Section 321.101(f) does not apply to the tax authorized
by this section except with respect to a municipality which owns an
electric utility that has between 30,000 and 50,000 meter
connections.(Section 321.101(f) limits a municipal sales and use tax rate
to no more than two percent at any location in the municipality.)