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


Office of House Bill AnalysisC.S.H.B. 3705
By: Van de Putte
Urban Affairs
4/6/1999
Committee Report (Substituted)



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.  C.S.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.  
  
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," "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.
Provides that the rate of a sales and use tax that is approved at the
election to be one-fourth of one percent.  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 before the
date of the proposed election.  Requires the authority to pay the costs of
an election.  Sets forth the proposition to appear on 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 in the municipality 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 and the governing body of that
entity is required to canvass the vote, declare the results, and notify the
district of the results.   

Sec. 451.706.  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.  Provides that the election of a participating unit to join the
district repeals all other 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. 451.707.  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. 451.708.  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. 451.709.  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. 451.710.  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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1, by amending proposed
Subchapter O, Chapter 451, Transportation Code, as follows: 

The substitute removes the authorization of a rapid transit authority to
order an election to impose a sales and use tax for local development
within a district's boundaries.  The substitute deletes the definition of
"local development" from proposed Section 451.701 (Definitions) and deletes
proposed Section 451.706 of the original (Local Development Sales and Use
Tax) which would have set forth election requirements, methods of
distributing  proceeds from the tax, and the rate and effective date of the
tax. 

The substitute amends proposed Section 451.702(a) to delete a provision
that a sales and use tax that is approved by the voters of a district would
have increased from one-fourth of one percent to one-half of one percent on
January 1, 2011.  It also modifies the language of the proposition of the
ballot in proposed Subsection (d) to reflect the deletion of the tax
increase. The substitute also makes nonsubstantive changes in this section. 

The substitute amends proposed Section 451.705(a) to specify that the
governing body of a municipality may order an election within the same
municipality on the question of joining a district if the voters of the
municipality do not vote to join the district at the initial election. In
proposed Subsection (c), the substitute requires the governing body of a
governmental entity ordering an election, rather than the entity itself, to
canvass the vote of the election, declare the results, and notify the
district of the results. 

The substitute deletes proposed Section 451.707 (Accounting), which would
have required 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. 

The substitute redesignates proposed Sections 451.708-451.712 to
451.706-451.710.   

The substitute modifies Section 451.706, as redesignated from Section
451.708, to make nonsubstantive changes.