Tex. Local Gov't Code Section 383.106
Limitation on Adoption of Tax


(a)

A district may adopt a tax under this subchapter only if as a result of adoption of the tax the combined rate of all local sales and use taxes imposed by political subdivisions having territory in the district will not exceed two percent.

(b)

If, as a result of the imposition or increase in a sales and use tax by a municipality in which there is located a district with an existing sales and use tax or as a result of the annexation by a municipality of the territory in a district with an existing sales and use tax, the overlapping local sales and use taxes in the area in the district will exceed two percent, the district’s sales and use tax rate is automatically reduced to a rate that when added to the combined rate of local sales and use taxes will equal two percent.

(c)

If a district’s tax rate is reduced in accordance with Subsection (b), the municipality shall make payments to the district equal to the amounts that would have been collected by the district had the municipality not imposed or increased its sales and use tax or annexed the area in the district, less amounts that the district collects following the municipality’s levy of or increase in its sales and use tax or annexation of the area in the district. The payment shall be made by the municipality to the district within 10 days after the date of receipt of the money from the comptroller’s office and shall continue only for so long as any bonds of the district are outstanding.
Added by Acts 1995, 74th Leg., ch. 995, Sec. 5, eff. Sept. 1, 1997. Renumbered from Tax Code Sec. 312.637(h) and amended by Acts 1997, 75th Leg., ch. 165, Sec. 23.05, eff. Sept. 1, 1997.

Source: Section 383.106 — Limitation on Adoption of Tax, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­383.­htm#383.­106 (accessed Jun. 5, 2024).

383.001
Short Title
383.002
Legislative Intent
383.003
Findings
383.004
Definitions
383.005
Governmental Agency
383.021
Counties Authorized to Create Districts
383.022
Petition of Landowners
383.023
Contents of Petition
383.024
Commission Hearing
383.025
Notice of Hearing
383.026
Hearing
383.027
Granting or Refusing Petition
383.028
Temporary Directors
383.029
Qualification of Temporary Directors
383.030
Confirmation and Sales and Use Tax Election
383.031
Election Order
383.032
Notice
383.033
Conduct of Election
383.034
Results of Election
383.041
Board of Directors
383.042
Qualifications of Director
383.043
Persons Disqualified to Serve
383.044
Removal of Director
383.045
Board Vacancy
383.046
Director’s Compensation
383.047
Officers
383.048
Quorum
383.049
Bylaws
383.050
Management of District
383.051
Director Interested in Contract
383.052
District Office
383.053
Meetings and Notice
383.061
General Powers of District
383.062
Suits
383.063
Eminent Domain
383.064
Expenditures
383.065
Purposes for Borrowing Money
383.066
Repayment of Organizational Expenses
383.081
Issuance of Bonds
383.082
Manner of Repayment of Bonds
383.083
Use of Bond Proceeds
383.084
Adding and Excluding Land from the District
383.101
Sales and Use Tax
383.102
Imposition, Computation, Administration, and Governance of Tax
383.103
Tax Rates
383.104
Abolition of or Change in Tax Rate
383.105
Use of Tax
383.106
Limitation on Adoption of Tax
383.111
Competitive Bidding
383.112
Exemption
383.121
Dissolution of District
383.122
Dissolution by Order of Commissioners Court
383.123
Dissolution of District on Agreement with Municipality

Accessed:
Jun. 5, 2024

§ 383.106’s source at texas​.gov