The board sets the district’s sales and use tax rate by resolution or order, may later change it in one-eighth-of-one-percent steps, and cannot reduce it if that would impair debt repayment.
Sec. 4017.0603. SALES AND USE TAX RATE. (a) After the date the results are declared of an election held under Section 4017.0602 at which the voters authorized imposition of a tax, the board shall provide by resolution or order the initial rate of the tax, which must be in one or more increments of one-eighth of one percent. (b) After the authorization of a tax under Section 4017.0602, the board may increase or decrease the rate of the tax by one or more increments of one-eighth of one percent. (c) The board may not decrease the rate of the tax if the decrease would impair the repayment of any outstanding debt or obligation payable from the tax. (d) The initial rate of the tax or any rate resulting from subsequent increases or decreases may not exceed the lesser of: (1) the maximum rate authorized at the election held under Section 4017.0602; or (2) a rate that, when added to the rates of all sales and use taxes imposed by other political subdivisions with territory in the district, would result in the maximum combined rate prescribed by Section 321.101(f), Tax Code, at any location in the district. (e) In determining whether the combined sales and use tax rate under Subsection (d)(2) would exceed the maximum combined rate prescribed by Section 321.101(f), Tax Code, at any location in the district, the board shall include: (1) any sales and use tax imposed by a political subdivision whose territory overlaps all or part of the district; (2) any sales and use tax to be imposed by the city or the county as a result of an election held on the same date as the election held under Section 4017.0602; and (3) any increase to an existing sales and use tax imposed by the city or the county as a result of an election held on the same date as the election held under Section 4017.0602. (f) If the district adopts a sales and use tax authorized at an election held under Section 4017.0602 and subsequently includes new territory in the district, the district: (1) is not required to hold another election to approve the imposition of the sales and use tax in the included territory; and (2) shall impose the sales and use tax in the included territory as provided by Chapter 321, Tax Code. (g) If the district adopts a sales and use tax authorized at an election held under Section 4017.0602 and subsequently excludes territory from the district, the sales and use tax is inapplicable to the excluded territory, as provided by Chapter 321, Tax Code, but is applicable to the territory remaining in the district. Added by Acts 2025, 89th Leg., R.S., Ch. 532 (H.B. 5686), Sec. 1, eff. June 20, 2025.