HBA-KDB C.S.H.B. 1723 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1723
By: Seaman
Land & Resource Management
3/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, there are local workforce development boards (LWDBs)
across the state to provide workforce development programs specific to the
needs of each community.  State block grants for employment, training, and
child care are administered to LWDBs by the Texas Workforce Commission.
However, there is concern that more populated urban areas may be receiving
greater attention and funding than less populated rural areas. There  is a
potential need to create a more expansive, long-term solution for the
adequate provision of workforce services to these rural communities.
C.S.H.B. 1723 authorizes the commissioners court of a county with a
population of 50,000 or less to establish a county employment development
board for the purpose of supplementing existing workforce development
programs being administered by LWDBs. 

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. 

ANALYSIS

C.S.H.B. 1723 amends the Local Government Code to authorize the
commissioners court of a rural county to establish a county employment
development board (board) (Sec. 386.002).  The bill sets forth provisions
for the membership and operations of the board and the terms of board
members (Sec. 386.021).  The bill provides for the board's powers and
duties and authorizes the board to adopt rules to accomplish its goals
(Sec. 386.022).  Provisions relating to open meetings and public
information apply to the board (Sec. 386.023).  The bill authorizes a
county to impose a sales and use tax (tax) at the rate of one-eighth of one
percent in the county for the benefit of a program for rural economic
assistance if a majority of the votes cast at an election held for that
purpose favor the imposition of the tax.  The bill prohibits a county from
imposing the tax 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 county (Sec. 386.041).  The bill sets forth provisions for
the election for the tax (Sec. 386.042).  The bill provides the County
Sales and Use Tax Act governs the imposition, computation, administration,
collection, and remittance of the tax (Sec. 386.043).  The bill sets forth
provisions for the adoption, abolition, effective date, and imposition of
the tax and use of the revenue from the tax ( Secs. 386.044 - 386.047).
For the benefit of a program for rural economic assistance, the bill
authorizes the commissioners court to impose a new property tax in the
county at a rate not to exceed three cents on the $100 valuation of taxable
property, increase the property tax rate in the county by an amount not to
exceed three cents on the $100 valuation of taxable property, or use
revenue collected from a county property tax imposed under another law, in
an amount not to exceed three cents on the $100 valuation of property taxed
(Sec. 386.061).  The bill sets forth provisions for the use of revenue from
the property tax (386.062). 

EFFECTIVE DATE

On passage, or if this Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1723 modifies the original bill by providing that a county
employment development board (board) can include a person with experience
in workforce training, economic development, or higher education (Sec.
386.021).  The substitute modifies the original bill by authorizing, rather
than requiring, the board to carry out powers and duties of the board.  The
substitute authorizes the board to employ necessary personnel and contract
with a private person or a political subdivision of the state.  The
substitute modifies the original bill by authorizing the board, to the
extent the board determines necessary to administer its functions, to also
cooperate with a partnership between a local workforce development board
and another local or regional entity.  The substitute modifies the original
by providing that the fee authorized, rather than required, by the board
for participation in a program is in addition to any other tax authorized
by the board. The substitute adds new language to authorize the board to
adopt rules to accomplish its goals and to require the board to contract
with the county auditor to review the board's finances every fiscal year
(Sec. 386.022).  The substitute establishes that provisions relating to
open meetings and public information apply to the board (Sec. 386.023).
The substitute adds that the sales and use and property taxes authorized by
the bill are in addition to any other tax or fee in the bill.