HBA-KDB, MSH H.B. 602 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 602
By: Zbranek
Ways & Means
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th legislature, a commissioner's court of a county could
call for an election to create a hospital district after being petitioned
by the voters affected by the proposed district.  A property tax could be
levied to service the district's debts and pay district expenses.  To lower
property taxes, the district was authorized to levy a sales and use tax,
but it had to account for those taxes in calculating the district's
effective and rollback tax rates.  An already burdened taxpayer in a small
county would potentially not favor an election to create a hospital
district that would include the imposition of  another property tax without
an adjustment to the district's effective and rollback tax rates.  House
Bill 602 authorizes a small county with a population of 75,000 or less to
create a hospital district under general law by the petition and election
process by imposition of a sales and use tax only to service the district's
debt and pay for the district's expenses. 

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

House Bill 602 amends the Health and Safety Code relating to the creation
and financing of hospital districts.  The bill authorizes a hospital
district located in a county with a population of less than 75,000 to lower
the ad valorem tax or to adopt a sales and use tax approved by a majority
of voters in an election held in the district  (Secs. 285.061 and 286.171).
The bill requires that any new tax adopted not cause the combined rates of
all state and local taxes to exceed two percent in any part of the district
(Secs. 285.161 and 286.172).  The bill authorizes the district to increase
or decrease the sales and use tax rate upon the approval of a majority of
voters in the district and sets forth election procedures (Secs. 285.162,
285.163, 285.062, 286.062, and 286.174).   

The bill specifies that when a district is located within the boundaries of
another taxing authority, an adopted or increased tax cannot raise the
combined state and local tax rate to above two percent (Secs. 285.164,
286.101, and 286.173).  The bill provides that an election to approve or
increase the tax to over two percent has no effect unless one or more  of
the other taxing authorities holds an election in accordance with the law
governing that authority on the same date as the election to reduce the tax
rate of that authority to a rate that will result in a combined tax rate by
the district and other political subdivisions of not more than two percent
at any location in the district, and the combined tax rate is reduced to
not more than two percent as a result of that election (Secs. 285.164 and
286.173). 

The bill authorizes the district to use the tax to pay debts or maintenance
and operating expenses of the district  (Secs. 286.165 and 286.175).  The
bill amends the requirements for a petition to create a hospital district
to require that it also include whether the district will impose a property
tax or a sales tax and the maximum tax rate to be voted on at the creation
election  (Sec. 286.022).  The bill prohibits the commissioners court from
granting a petition for the creation of a hospital district that will
impose a sales and use tax if the district will be located within a county
or counties each with a population greater than  75,000  (Sec. 286.023). 

The bill requires that upon the dissolution of the district the board of
directors of the district (board) impose a property tax that is in
proportion of the debt of the district to the property value of the
property on the district's tax rolls, if the district had imposed a
property tax.  The bill also requires that the board continue a sales tax
in the district until the debt of the district is repaid  (Sec. 286.104). 
The bill authorizes the district to impose a property tax upon approval by
a majority of voters in the district at a district election (Sec. 286.161). 

The bill amends the Tax Code to amend the definition of "additional sales
and use tax" to exempt hospital districts in a county or counties with a
population less than 75,000 and created after September 1, 2001 (Sec.
26.012). 

EFFECTIVE DATE

September 1, 2001.