Sec. 453.402.  MAXIMUM TAX RATE.  (a)  A board may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales and use taxes imposed by all political subdivisions of this state having territory in the municipality exceeds two percent in any location in the municipality.
(b)  An election by a transit department to approve a sales and use tax or increase the rate of the transit department's sales and use tax has no effect if:
(1)  the voters of the transit department approve the department's sales and use tax rate or rate increase at an election held on the same day on which the municipality or county having territory in the jurisdiction of the transit department adopts a sales and use tax or an additional sales and use tax;  and
(2)  the combined rates of all sales and use taxes imposed by the transit department and all political subdivisions of this state would exceed two percent in any part of the territory in the jurisdiction of the transit department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.