HBA-SEB H.B. 3705 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3705
By: Van de Putte
Urban Affairs
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

The term "advanced transportation" includes light rail, commuter rail,
fixed guideways, high occupancy vehicle lanes, as well as other
transportation facilities and services.  In light of the growing population
of Texas, the development of such means of transportation may be useful as
a means of relieving traffic congestion on streets and highways.  H.B. 3705
authorizes the board of a rapid transit authority to order an election to
create an advanced transportation district (district) within the
authority's boundaries and to impose a sales and use tax for advanced
transportation.  It also authorizes the authority to order an election to
impose a sales and use tax for local development within a district's
boundaries. 
  
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 Chapter 451, Transportation Code, by adding Subchapter
O, as follows: 

SUBCHAPTER O.  ADVANCED TRANSPORTATION DISTRICT

Sec. 451.701.  DEFINITIONS.  Defines "advanced transportation," "local
development," "district," and "participating unit." 

Sec. 451.702.  ELECTION AUTHORIZED.  Authorizes the board of a rapid
transit authority (board, authority) to order an election to create an
advanced transportation district (district) within the authority's
boundaries and to impose a sales and use tax for advanced transportation.
Provides that an authority that has such authorization is one in which the
sales and use tax is imposed at a rate of one-half of one percent and in
which the principal municipality has a population of 700,000 or more.
Requires a sales and use tax that is approved at the election to be
one-fourth of one percent until January 1, 2011, and one-half of one
percent thereafter.  Requires  the board to provide written notification of
the board's intention to call an election to the governing body of each
municipality and the commissioners court of each county, any part of which
is in the authority, at least 120 days prior to an election.  Requires the
authority to pay the costs of an election.  Sets forth the language of the
ballot.  Requires the proceeds of the sales and use tax imposed under this
section to be used by the district only for advanced transportation
purposes. 

Sec. 451.703.  CONDUCT OF INITIAL ELECTION:  SEPARATE RESULT.  Requires the
election to be conducted so that votes are separately tabulated and
canvassed and that the result is declared in each municipality of the
authority and in the unincorporated area of a county in the authority. 

Sec. 451.704.  RESULTS OF ELECTION; ORDER.  Establishes that a district is
created if a majority of the votes cast in the principal municipality of
the authority are in favor of the proposition. Sets forth the composition
of the district.  Requires the board to record the results in its minutes
and to adopt an order regarding the specifics of the newly created
district and the election results if the district is created.  Provides
that the order must be accompanied by a map of the district showing the
district's boundaries.  Requires a copy of the order and map to be filed
with the Texas Department of Transportation, with the comptroller, and in
the deed records of each county in which the district is located. 

Sec. 451.705.  SUBSEQUENT ELECTIONS.  Authorizes the governing body of a
municipality to order an election at a later date on the question of
joining a district if the voters of a municipality within the authority do
not vote to join the district at the initial election.  Authorizes the
commissioners court of the county to order an election at a later date on
the question of joining the district if the voters of the unincorporated
area of the county do not vote to join the district at the initial
election.   Requires the subsequent election to be held in the same manner
as the initial election, except that the governmental entity is required to
pay the costs of the election, canvass the vote, declare the results, and
notify the district of the results.   

Sec. 451.706.  LOCAL DEVELOPMENT SALES AND USE TAX.  (a)  Authorizes the
authority to order an election to impose a sales an use tax until January
1, 2011, for local development within a district's boundaries.  Provides
that the election is to be held on the same date as the election for
creating the district is held.  Requires the rate of such sales and use tax
for local development to be one-fourth of one percent.  Requires the
election to impose the tax to be effective only if the district is created
and a majority of the votes within the district are cast in favor of the
proposition.  Provides that the board must provide to the governing body of
each municipality and the commissioners court of each county within the
authority written notification of the board's intent to call an election
for the proposition for the local development sales and use tax within a
specific time frame.  Requires the notice to also inform the entities of
the provisions of Subsection (b).  Establishes that the ballot proposition
must state the exact purpose for which the sales and use tax will be used.
Requires the ballot proposition to state that the local development sales
and use tax shall be retained by the district for advanced transportation
purposes if the governing body has not adopted a pre-election document as
required by Subsection (b). 

(b)   Requires a district to distribute the proceeds of the district's
sales and use tax for local development purposes in a participating unit to
the governing body of that unit. Provides that, within a specific time
frame, the governing body of each political subdivision within the
authority must adopt an official pre-election document setting forth the
exact local development purpose for which the funds will be used and must
deliver a copy of the document to the board within seven days after its
passage.  Requires all funds received by the participating unit from the
district to be used by the governing body exclusively for the purposes set
forth in the pre-election document.  Prohibits the governing body from
amending the pre-election document after the date of its original adoption.
Requires the proceeds of the local development sales and use tax to be
retained by the district for advanced transportation purposes if a
pre-election document is not adopted by the governing body at least 180
days prior to the election date. 

(c)  Authorizes a district to order an election prior to January 1, 2009,
to impose a local development sales and use tax until January 1, 2011,
within the district's boundaries if the authority does not order an
election under Subsection (a) or if the first election fails. Requires the
rate of the sales and use tax for local development to be one-fourth of one
percent.  Establishes that the district must provide written notification
of the district's intention to call the election to the governing body of
each municipality and the commissioners court of each county of the
authority within a specific time frame. Requires the notice to also inform
the entities of the provisions of Subsection (d). Provides that  the ballot
proposition must state the exact purpose for which the sales and use tax
will be used by the governing body of the participating unit.  Requires the
ballot proposition to state that the local development sales and use tax
shall be retained by the district for advanced transportation purposes if
the governing body has not adopted a preelection document as required by
Subsection (d).  

(d)  Requires a district to distribute the proceeds of the district's sales
and use tax for local  development purposes in a participating unit to the
governing body of that unit.  Provides that, within a specific time frame,
the governing body of each participating unit must adopt an official
pre-election document setting forth the exact local development purpose for
which the funds will be used and must deliver a copy of the document to the
board within seven days after its passage.  Requires all funds received by
the participating unit from the district to be used by the governing body
exclusively for the purposes set forth in the pre-election document.
Prohibits the governing body from amending the preelection document after
the date of its original adoption.  Requires the proceeds of the local
development sales and use tax to be retained by the district for advanced
transportation purposes if a pre-election document is not adopted by the
governing body at least 180 days prior to the election date. 

(e)  Requires any local development sales and use tax authorized under this
section to automatically cease effective January 1, 2011. 

(f)  Requires the authority or district to pay the costs of an election
ordered under this section. 

Sec. 451.707.  ACCOUNTING.  Requires the comptroller to maintain an account
of the sales and use tax collected by a district in each participating unit
and to provide monthly reports of the collections to the governing body of
the district. 

Sec. 451.708.  LIMITATION ON TAX RATE.  Prohibits the combined rate of all
sales and use taxes imposed by a district and all other political
subdivisions of the state from exceeding two percent in any location in the
district.  Requires the election of a participating unit to join the
district to automatically repeal all local sales and use taxes in that unit
except for the sales and use tax of the authority and a sales and use tax
of not more than one percent imposed by a municipality under Section
321.101(a) (regarding sales and use tax) or 321.103(a) (regarding sales
tax), Tax Code, if the imposition of the district's tax would exceed the
limit. Sets forth the effective date of the sales and use tax and the
repeal of any local sales and use taxes.  

Sec. 451.709.  GOVERNANCE OF DISTRICT.  Requires the board to act as the
governing body of a district.  Provides that the board is responsible for
the management, operation, and control of the district.  Provides that the
business of the district is conducted through its governing body and by the
employees of the authority acting under the control and direction of the
general manager of the authority.  Authorizes the district to enter into
contracts with the authority or other private or public entities to conduct
the business of the district. Provides that the district has the same
powers of the authority that called the election creating the district as
provided by Subchapters B (Powers of Authorities), C (Management of
Authority), F (Special Programs and Services), H (Bonds), I (Taxation), and
K (Boards).   

Sec. 451.710.  DISTRICT ASSETS AND RECORDKEEPING.  Requires an asset of a
district to be held in the name of the authority.  Requires the authority
to keep separate books and accounting records for the funds, revenues,
expenses, and other property of the district. 

Sec. 451.711.  NATURE OF DISTRICT.  Provides that a district is a
governmental unit under Chapter 101, Civil Practices and Remedies Code
(Tort Claims), and that the operations of the district are not proprietary
functions for any purpose, including the application of that chapter. 

Sec. 451.712.  ANNEXATION OF TERRITORY BY MUNICIPALITY.  Provides that
territory that is not in a district becomes part of the district on
annexation by a municipality that is in the district . 

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