Tax referenda question

I’ve had reporters call and ask about the referenda provisions of the County Land Transfer Tax contained in Section 31.17(a) of the budget conference report and the 1/4 cent sales tax contained in  Section 31.17(b).  Some folks are confused about the language about the referenda being advisory. 

A favorable vote in a referenda is a preresquisite to levy the tax, but a favorable vote does not require the county to levy the tax. A county could have a referenda on both issues the same day (with separate questions on the ballot), and if both pass, decide which one to levy, or still decide to levy neither.  The law does prohibit a county from having both taxes in effect at the same time.  A county could not have a ballot that said:

  [ ] Transfer tax  [ ] Sales Tax [ ] None of the above 

and decide the winner is the category with the most votes.


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