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Amend SB 1154 immediately after SECTION 5 of the bill
(engrossed version page 4, after line 27) by inserting the
following new SECTION and renumbering the subsequent SECTIONS
appropriately:
SECTION 6. Subchapter I, Chapter 441, Government Code, is
amended by adding Section 441.1281 to read as follows:
Sec. 441.1281. CREATION OF LIBRARY DISTRICTS IN CERTAIN
MUNICIPALITIES. (a) This section applies only to a municipality
that does not have a municipal public library accredited for
membership in the state library system.
(b) An election to adopt or increase the local sales and use
tax under Subchapter E, Chapter 326, Local Government Code, is to be
treated also as an election that will have the effect of reducing
the tax rate of an industrial development district if:
(1) all or any part of the proposed district is
included within the boundaries of an industrial development
corporation created under Section 4B, Development Corporation Act
of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), by the
municipality after the date of the first filing of a petition with
the commissioners court of the county to create a library district
under Chapter 326, Local Government Code; and
(2) the adoption or increase of the local sales and use
tax under Subchapter E, Chapter 326, Local Government Code, would
result in a combined tax rate of more than two percent in any
location in the proposed district.
(c) If the voters approve the adoption or increase of the
district tax under Subsection (b), the tax rate to which the
development corporation's tax is reduced is the highest rate that
will not result in a combined tax rate of more than two percent in
any location in the proposed district.
(d) The rate of the tax imposed by the development
corporation is increased without further action of the board or the
voters of the development corporation or the district on the date on
which the tax imposed under Subchapter E, Chapter 326, Local
Government Code, is decreased or expires. The development
corporation's tax rate increases only to the extent that any tax
imposed by the development corporation was reduced under this
section when the tax imposed by the district was adopted or
increased.
(e) This section does not permit a taxing unit to impose
taxes at different tax rates in the territory of the unit.
(f) For the purposes of holding an election as described by
this section, a petition filed before, on, or after September 1,
2003, with the commissioners court of the county to create a library
district is effective and valid for subsequent filing purposes
until the second anniversary of the date on which the petition was
first filed.
(g) If the boundaries of the proposed library district
include any territory that, on the date on which a petition is filed
on the question of creating the district, is part of a municipality
that operates a municipal public library accredited for membership
in the state library system, the governing body of that
municipality must consent by resolution to allow the inclusion of
that municipal territory in the proposed district.