Sec. 505.256. APPLICABILITY OF TAX CODE. (a) Chapter 321, Tax Code, governs the imposition, computation, administration, collection, and remittance of the sales and use tax, except as inconsistent with this chapter. An authorizing municipality may not adopt a rate under this chapter that, when added to the rates of all other sales and use taxes imposed by the authorizing municipality and other political subdivisions of this state having territory in the authorizing municipality, would result in a combined rate exceeding two percent at any location in the municipality.
(b) Except as provided by this subsection, the tax imposed under this chapter takes effect as provided by Section 321.102(a), Tax Code. If an election is held under this chapter at the same time an election is held to impose or change the rate of the additional municipal sales and use tax, the tax under this chapter and the imposition or change in rate of the additional municipal sales and use tax take effect as provided by Section 321.102(b), Tax Code.
(c) After the effective date of the taxes imposed under this chapter, the adoption of a sales and use tax or the attempted adoption of a sales and use tax by the authorizing municipality or another taxing jurisdiction having territory in the municipality does not impair the taxes imposed under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.01, eff. April 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1246 (H.B. 157), Sec. 10, eff. September 1, 2015.
Structure Texas Statutes
Title 12 - Planning and Development
Chapter 505 - Type B Corporations
Subchapter F. Sales and Use Tax
Section 505.251. Tax Authorized
Section 505.254. Specification of Tax Rate on Ballot
Section 505.255. Adoption of Tax at Election to Reduce or Abolish Tax for Type a Corporation
Section 505.256. Applicability of Tax Code
Section 505.2565. Limitation on Duration of Tax
Section 505.2566. Election to Reduce or Increase Tax Rate
Section 505.257. Reduction of Tax Within Regional Transportation Authority
Section 505.2575. Limited Sales and Use Tax for Specific Project
Section 505.258. Cessation of Collection of Taxes
Section 505.259. Election Requirement for Certain Municipalities