Texas 2013 - 83rd Regular

Texas House Bill HB14 Compare Versions

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1	1	83R20279 TJB-D
2	2	By: Pitts, Murphy, Cook, Crownover, H.B. No. 14
3	3	Turner of Collin, et al.
4	4	Substitute the following for H.B. No. 14:
5	5	By: Pitts C.S.H.B. No. 14
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the fiscal transparency and accountability of certain
11	11	entities responsible for public money.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 46, Education Code, is amended by adding
14	14	Subchapter D to read as follows:
15	15	SUBCHAPTER D. PUBLIC INFORMATION REGARDING FACILITIES
16	16	Sec. 46.101. AVAILABILITY OF INFORMATION REGARDING
17	17	FACILITIES. (a) For the purpose of providing information to the
18	18	public regarding district or school facilities usage and taxpayer
19	19	value, a school district or open-enrollment charter school shall:
20	20	(1) report data elements specified by commissioner
21	21	rule to the agency through the Texas Student Data System (TSDS) or a
22	22	successor data management system maintained by the agency; and
23	23	(2) provide a direct link on the district's or school's
24	24	Internet website to the Texas Student Data System (TSDS) or a
25	25	successor data management system maintained by the agency through
26	26	which the facilities information relevant to the specific district
27	27	or school may be readily accessed.
28	28	(b) The commissioner shall adopt rules necessary to
29	29	implement this section, including rules ensuring that the Texas
30	30	Student Data System (TSDS) or a successor data management system
31	31	maintained by the agency includes appropriate data elements
32	32	regarding school facilities usage and taxpayer value.
33	33	(c) The commissioner shall adopt rules for purposes of
34	34	Subsection (b) based on the recommendations of the Taxpayer Value
35	35	and School Facilities Usage Advisory Committee established under
36	36	Section 46.102. This subsection expires September 1, 2017.
37	37	Sec. 46.102. TAXPAYER VALUE AND SCHOOL FACILITIES USAGE
38	38	ADVISORY COMMITTEE. (a) The Taxpayer Value and School Facilities
39	39	Usage Advisory Committee is established to serve the function
40	40	specified by this section.
41	41	(b) The committee consists of:
42	42	(1) the commissioner and the comptroller, who serve as
43	43	co-chairs of the committee; and
44	44	(2) the following persons, appointed jointly by the
45	45	commissioner and comptroller:
46	46	(A) a current school board member;
47	47	(B) a current school district administrator;
48	48	(C) a current public school teacher;
49	49	(D) a parent of a student currently enrolled in a
50	50	public school;
51	51	(E) a representative of the school construction
52	52	industry, who may be an engineer, architect, or contractor;
53	53	(F) a representative of the construction
54	54	industry who does not work on school construction, who may be an
55	55	engineer, architect, or contractor; and
56	56	(G) a member of the public.
57	57	(c) The commissioner and comptroller shall make the
58	58	appointments required by Subsection (b) not later than October 15,
59	59	2013.
60	60	(d) The committee shall meet to develop recommendations
61	61	regarding the data that should be considered in evaluating a school
62	62	district's or open-enrollment charter school's facility usage and
63	63	taxpayer value with regard to school facility construction and
64	64	renovation. The committee shall hold its initial meeting as soon as
65	65	possible after the committee members are selected, but not later
66	66	than November 15, 2013.
67	67	(e) Not later than December 31, 2014, the committee shall
68	68	develop its final recommendations and submit a report to the
69	69	governor, lieutenant governor, and speaker of the house of
70	70	representatives. The committee shall also make the report
71	71	available electronically to members of the legislature.
72	72	(f) Based on the recommendations developed by the
73	73	committee, the commissioner shall:
74	74	(1) ensure that the Texas Student Data System (TSDS)
75	75	or a successor data management system maintained by the agency
76	76	includes appropriate data elements regarding school facilities;
77	77	and
78	78	(2) adopt rules for purposes of Section 46.101.
79	79	(g) A committee member is not entitled to reimbursement of
80	80	expenses or to compensation.
81	81	(h) Chapter 2110, Government Code, does not apply to the
82	82	committee.
83	83	(i) This section expires September 1, 2017.
84	84	SECTION 2. Section 51.005, Education Code, is amended to
85	85	read as follows:
86	86	Sec. 51.005. ANNUAL FINANCIAL REPORT [REPORTS]. (a) Each
87	87	institution of higher education shall:
88	88	(1) prepare a complete annual financial report as
89	89	prescribed by Section 2101.011, Government Code; and
90	90	(2) take action to ensure that the institution's most
91	91	recent annual financial report is posted continuously on the
92	92	institution's Internet website.
93	93	(b) Not later than November 30 of each year, each
94	94	institution of higher education shall take action to ensure that a
95	95	report showing the amount and a description of the institution's
96	96	outstanding debt on the last day of the preceding state fiscal year
97	97	is posted on the institution's Internet website. For a university
98	98	system, the report must show the aggregate outstanding debt for the
99	99	system and, to the extent that the debt is attributable to a
100	100	specific institution, the outstanding debt for each system
101	101	institution. In this subsection, "university system" has the
102	102	meaning assigned by Section 61.003.
103	103	(c) Each institution of higher education shall maintain or
104	104	cause to be maintained an Internet website to comply with this
105	105	section.
106	106	SECTION 3. Subchapter C, Chapter 61, Education Code, is
107	107	amended by adding Section 61.0621 to read as follows:
108	108	Sec. 61.0621. JUNIOR COLLEGE DISTRICT CONSTRUCTION COST
109	109	REPORTING. (a) The board shall require each junior college
110	110	district to report building construction costs and related
111	111	information to the board for the purpose of determining:
112	112	(1) the average cost per square foot, adjusted for
113	113	inflation for the region of the state in which the project is
114	114	located; and
115	115	(2) the average cost per full-time equivalent student
116	116	for each junior college district.
117	117	(b) The board, in consultation with the governing boards of
118	118	the state's junior college districts, shall prescribe the form,
119	119	manner, and times of reports required under this section.
120	120	(c) The board shall compile the information reported under
121	121	Subsection (a) for all junior college districts and periodically
122	122	report its findings to the districts. The board and each junior
123	123	college district shall take action to ensure that the board's
124	124	findings are posted on each respective entity's Internet website.
125	125	(d) The board shall adopt rules for the administration of
126	126	this section.
127	127	(e) In administering this section, the board shall attempt
128	128	to avoid duplicating other reporting requirements applicable to
129	129	junior college districts.
130	130	(f) Each junior college district shall maintain or cause to
131	131	be maintained an Internet website to comply with this section.
132	132	SECTION 4. Subchapter B, Chapter 403, Government Code, is
133	133	amended by adding Section 403.0117 to read as follows:
134	134	Sec. 403.0117. LOCAL TAX RATES PUBLISHED ON INTERNET. (a)
135	135	The comptroller shall publish on the comptroller's Internet
136	136	website, listed by county:
137	137	(1) the name of each political subdivision that
138	138	imposes a sales and use tax and the sales and use tax rate for the
139	139	political subdivision; and
140	140	(2) the tax rate information reported to the
141	141	comptroller by each county assessor-collector under Section
142	142	26.16(e), Tax Code.
143	143	(b) The comptroller shall update the information described
144	144	by Subsection (a) at least annually.
145	145	SECTION 5. Section 1202.008, Government Code, is amended to
146	146	read as follows:
147	147	Sec. 1202.008. COLLECTION AND REPORT OF INFORMATION ON
148	148	LOCAL [PUBLIC] SECURITIES [OF POLITICAL SUBDIVISIONS]. (a) In
149	149	this section, "local security" has the meaning assigned by Section
150	150	1231.001.
151	151	(b) In reviewing local [public] securities under this
152	152	chapter, the attorney general shall [may] collect, in the form
153	153	required by the Bond Review Board, information on each local
154	154	security [public securities issued by a municipal corporation or
155	155	political subdivision of this state].
156	156	(c) [(b)] The information must include:
157	157	(1) the terms of each local security [the public
158	158	securities];
159	159	(2) the debt service payable on each local security
160	160	[the public securities]; and
161	161	(3) other information required by the Bond Review
162	162	Board.
163	163	(d) [(c)] The attorney general shall send the information
164	164	regarding each local security to the Bond Review Board not later
165	165	than the fifth day before the date the attorney general approves the
166	166	local security under Section 1202.003 [for inclusion in the board's
167	167	report of debt statistics under Section 1231.062].
168	168	(e) If an issuer has not provided the information required
169	169	by Subsection (c), the bond finance office at the Bond Review Board
170	170	shall notify the person listed as the contact for the issuer. The
171	171	notice must be in writing, describe the information that must be
172	172	submitted to the bond finance office, and inform the issuer that the
173	173	issuer will be placed on the noncompliance list if the information
174	174	is not provided as required by this subsection. An issuer must
175	175	provide the information described in the notice to the bond finance
176	176	office not later than the 60th day after the date the issuer
177	177	receives the notice. The bond finance office and the attorney
178	178	general shall maintain a noncompliance list of issuers that do not
179	179	provide the information in the manner provided by this subsection.
180	180	(f) The attorney general may not approve a local security
181	181	under Section 1202.003 submitted by an issuer that is included on
182	182	the noncompliance list described by Subsection (e) until the
183	183	attorney general receives written notification from the bond
184	184	finance office at the Bond Review Board that the office:
185	185	(1) has received the information required by
186	186	Subsection (c); or
187	187	(2) has agreed to a later date for the submission of
188	188	the information.
189	189	SECTION 6. The heading to Subtitle B, Title 9, Government
190	190	Code, is amended to read as follows:
191	191	SUBTITLE B. PROVISIONS APPLICABLE TO PUBLIC SECURITIES [ISSUED BY
192	192	STATE GOVERNMENT]
193	193	SECTION 7. Section 1231.001, Government Code, is amended by
194	194	adding Subdivision (4) to read as follows:
195	195	(4) "Local security" means a public security as
196	196	defined by Section 1201.002, other than a state security.
197	197	SECTION 8. Subchapter B, Chapter 1231, Government Code, is
198	198	amended by adding Section 1231.024 to read as follows:
199	199	Sec. 1231.024. CONTRACTS TO COLLECT INFORMATION. The board
200	200	may enter into one or more contracts to procure services to collect
201	201	and maintain information regarding the indebtedness of state
202	202	agencies and local governments.
203	203	SECTION 9. Section 1231.062(b), Government Code, is amended
204	204	to read as follows:
205	205	(b) A report must include:
206	206	(1) total debt service as a percentage of total
207	207	expenditures;
208	208	(2) ad valorem tax-supported debt [service as a
209	209	percentage of general revenue expenditure];
210	210	(3) [per capita] total revenue obligations [debt];
211	211	(4) ad valorem [per capita tax-supported debt;
212	212	[(5) total debt and tax-supported debt as a percentage
213	213	of personal income;
214	214	[(6) total personal income per capita;
215	215	[(7) total debt per capita as a percentage of total
216	216	personal income per capita;
217	217	[(8) total debt and] tax-supported debt as a
218	218	percentage of real property valuations;
219	219	(5) [(9) total debt and tax-supported debt as a
220	220	percentage of annual revenues and expenditures;
221	221	[(10)] principal scheduled [required] to be repaid in
222	222	five years and [principal required to be repaid] in 10 years;
223	223	(6) [(11) growth rates of total debt per capita and
224	224	total debt per dollar of personal income;
225	225	[(12)] recent issuances [trends in the issuance] of
226	226	short-term notes;
227	227	(7) [(13)] recent trends in issuance costs;
228	228	(8) [(14)] savings from recent refundings;
229	229	(9) debt outstanding [(15) recent trends in
230	230	capitalized interest use;
231	231	[(16) debt service coverage ratios, if applicable];
232	232	and
233	233	(10) [(17)] other information the board considers
234	234	relevant.
235	235	SECTION 10. The heading to Section 1231.102, Government
236	236	Code, is amended to read as follows:
237	237	Sec. 1231.102. STATE SECURITIES ANNUAL REPORT.
238	238	SECTION 11. Subchapter F, Chapter 1231, Government Code, is
239	239	amended by adding Sections 1231.104 and 1231.105 to read as
240	240	follows:
241	241	Sec. 1231.104. LOCAL SECURITIES ANNUAL REPORT. Not later
242	242	than the 180th day after the last day of each state fiscal year, the
243	243	bond finance office shall publish a report listing:
244	244	(1) the amount of local securities outstanding;
245	245	(2) applicable repayment schedules; and
246	246	(3) other information the office considers relevant.
247	247	Sec. 1231.105. ONLINE ANNUAL LOCAL DEBT STATISTICS REPORT.
248	248	Not later than the 150th day after the last day of each state fiscal
249	249	year, the bond finance office shall publish on the office's
250	250	Internet website a report that includes the statistical information
251	251	listed in Section 1231.062(b) for all local securities for the
252	252	preceding fiscal year.
253	253	SECTION 12. Chapter 1251, Government Code, is amended by
254	254	designating Sections 1251.001, 1251.002, 1251.003, 1251.004,
255	255	1251.005, and 1251.006 as Subchapter A and adding a heading to
256	256	Subchapter A to read as follows:
257	257	SUBCHAPTER A. COUNTIES AND MUNICIPALITIES
258	258	SECTION 13. Chapter 1251, Government Code, is amended by
259	259	adding Subchapter B to read as follows:
260	260	SUBCHAPTER B. BOND MATTERS AFFECTING MORE THAN ONE TYPE OF
261	261	POLITICAL SUBDIVISION
262	262	Sec. 1251.051. DEFINITIONS. In this subchapter:
263	263	(1) "Debt obligation" means an issued public security,
264	264	as defined by Section 1201.002.
265	265	(2) "Political subdivision" means a county,
266	266	municipality, school district, junior college district, other
267	267	special district, or other subdivision of state government.
268	268	Sec. 1251.052. PUBLIC HEARING; VOTER INFORMATION DOCUMENT.
269	269	(a) Before a political subdivision may hold an election to
270	270	authorize the issuance of bonds, the governing body of the
271	271	political subdivision must conduct a public hearing at which
272	272	persons interested in the issuance of the bonds are given the
273	273	opportunity to be heard. The governing body must hold the hearing
274	274	not earlier than the 21st day or later than the first day before the
275	275	date the period for early voting by personal appearance begins for
276	276	the election, as determined under Section 85.001, Election Code.
277	277	(b) Not earlier than the 30th day or later than the 15th day
278	278	before the date of the hearing, the governing body of the political
279	279	subdivision shall take action to ensure that the notice of the
280	280	hearing and each voter information document described by Subsection
281	281	(c) are:
282	282	(1) provided by:
283	283	(A) publication in at least one newspaper of
284	284	general circulation in the county in which the political
285	285	subdivision is wholly or primarily located;
286	286	(B) inclusion in the political subdivision's
287	287	newsletter or circular mailed or delivered to each registered voter
288	288	in the political subdivision; or
289	289	(C) mail or hand delivery to each registered
290	290	voter in the political subdivision; and
291	291	(2) posted on the political subdivision's Internet
292	292	website, or on a website as authorized by Section 1251.054(b)(2),
293	293	until the conclusion of the hearing.
294	294	(c) The governing body of the political subdivision shall
295	295	take action to ensure that a separate voter information document is
296	296	prepared for each proposition to be discussed at the hearing. Each
297	297	voter information document must distinctly state:
298	298	(1) the language that will appear on the ballot;
299	299	(2) the purpose for which the bonds are to be
300	300	authorized;
301	301	(3) that taxes sufficient to pay the annual principal
302	302	of and interest on the bonds may be imposed;
303	303	(4) the maximum rate of interest for the bonds to be
304	304	authorized;
305	305	(5) the maturity date of the bonds to be authorized or
306	306	that the bonds may be issued to mature over a specified number of
307	307	years not to exceed 40 years from the date the bonds are issued;
308	308	(6) the following information formatted as a table, as
309	309	of the date the political subdivision adopts the bond election
310	310	order:
311	311	(A) the principal of all outstanding debt
312	312	obligations of the political subdivision;
313	313	(B) the estimated remaining interest of all
314	314	outstanding debt obligations of the political subdivision; and
315	315	(C) the estimated combined principal and
316	316	interest required to pay all outstanding debt obligations of the
317	317	political subdivision on time and in full;
318	318	(7) the following information formatted as a second
319	319	table:
320	320	(A) as a total amount and, if the political
321	321	subdivision is a municipality, county, or school district, as a per
322	322	capita amount:
323	323	(i) the principal of the bonds to be
324	324	authorized;
325	325	(ii) the estimated interest for the bonds
326	326	to be authorized;
327	327	(iii) the estimated combined principal and
328	328	interest required to pay the bonds to be authorized on time and in
329	329	full;
330	330	(iv) as of the date the political
331	331	subdivision adopts the bond election order, the principal of all
332	332	outstanding debt obligations of the political subdivision secured
333	333	by ad valorem taxation;
334	334	(v) as of the date the political
335	335	subdivision adopts the bond election order, the estimated remaining
336	336	interest of all outstanding debt obligations of the political
337	337	subdivision secured by ad valorem taxation; and
338	338	(vi) as of the date the political
339	339	subdivision adopts the bond election order, the estimated combined
340	340	principal and interest required to pay all outstanding debt
341	341	obligations of the political subdivision secured by ad valorem
342	342	taxation on time and in full;
343	343	(B) the property tax debt rate expressed in
344	344	dollars per $100 valuation of all taxable property in the political
345	345	subdivision, stated as:
346	346	(i) the existing rate;
347	347	(ii) the estimated rate if the bonds are
348	348	authorized; and
349	349	(iii) the estimated percentage increase in
350	350	the rate if the bonds are authorized; and
351	351	(C) the amount of the property tax debt levy of
352	352	the political subdivision per residence based on the current
353	353	average residential property value in the political subdivision,
354	354	stated as:
355	355	(i) the existing levy;
356	356	(ii) the estimated levy if the bonds are
357	357	authorized; and
358	358	(iii) the estimated percent increase in the
359	359	levy if the bonds are authorized; and
360	360	(8) any other information that the political
361	361	subdivision considers relevant or necessary to explain the values
362	362	required by Subdivisions (4), (5), (6), and (7), including:
363	363	(A) an amount required by Subdivision (7)(A)
364	364	stated as a per capita amount if the political subdivision is not
365	365	required to provide the amount under that paragraph;
366	366	(B) an explanation of the payment sources for the
367	367	different types of debt; and
368	368	(C) a value for the following expressed as a
369	369	projection as of the last day of the maximum term of the bonds to be
370	370	authorized:
371	371	(i) a per capita amount required by
372	372	Subdivision (7)(A);
373	373	(ii) an estimated rate required by
374	374	Subdivision (7)(B)(ii); and
375	375	(iii) an estimated levy required by
376	376	Subdivision (7)(C)(ii).
377	377	(d) Each voter information document required by Subsection
378	378	(c) must be printed:
379	379	(1) on not more than two pages that are not wider than
380	380	8-1/2 inches and not longer than 14 inches;
381	381	(2) in type not smaller than 12-point type; and
382	382	(3) in the form prescribed by the secretary of state.
383	383	(e) The governing body of the political subdivision must
384	384	make a copy of each voter information document available to each
385	385	individual attending the hearing.
386	386	(f) The secretary of state by rule shall prescribe the form
387	387	of a voter information document.
388	388	(g) The Texas Ethics Commission shall provide guidelines
389	389	for political subdivisions regarding how to conduct a hearing under
390	390	this section and how to provide additional information on the form
391	391	prescribed by the secretary of state under Subsection (f) without
392	392	violating electioneering and political advertising laws, including
393	393	Section 255.003, Election Code, and Section 11.169, Education Code.
394	394	(h) A good faith estimate in a voter information document of
395	395	an estimate required by Subsections (c)(6) and (7) or an estimate or
396	396	projection authorized by Subsection (c)(8) does not constitute a
397	397	breach of contract with the voters solely because the estimate or
398	398	projection is later determined to be incorrect.
399	399	Sec. 1251.053. ONLINE SAMPLE BALLOT. The governing body of
400	400	a political subdivision shall take action to ensure that a sample of
401	401	the ballot printed for an election to authorize a political
402	402	subdivision to issue bonds is posted on the political subdivision's
403	403	Internet website, or on a website as authorized by Section
404	404	1251.054(b)(2), as soon as practicable after the official ballots
405	405	have been prepared and remains posted until the day following the
406	406	election.
407	407	Sec. 1251.054. INTERNET WEBSITE. (a) Except as provided by
408	408	Subsection (b), a political subdivision shall maintain or cause to
409	409	be maintained an Internet website to comply with this subchapter.
410	410	(b) This subsection does not apply to a county or
411	411	municipality with a population of more than 2,000 or a school
412	412	district or a junior college district. If a political subdivision
413	413	did not maintain an Internet website or cause a website to be
414	414	maintained on January 1, 2013, the political subdivision shall post
415	415	the information required by Section 1251.052 on:
416	416	(1) the political subdivision's website, if the
417	417	political subdivision chooses to maintain the website or cause the
418	418	website to be maintained; or
419	419	(2) a website in which the political subdivision
420	420	controls the content of the posting, including a social media site,
421	421	provided that the information is easily found by searching the name
422	422	of the political subdivision on the Internet.
423	423	SECTION 14. Section 140.005, Local Government Code, is
424	424	transferred to Subchapter D, Chapter 12, Education Code,
425	425	redesignated as Section 12.1191, Education Code, and amended to
426	426	read as follows:
427	427	Sec. 12.1191 [140.005]. ANNUAL FINANCIAL STATEMENT OF
428	428	CHARTER SCHOOL [, ROAD, OR OTHER DISTRICT]. (a) The governing body
429	429	of an [a school district,] open-enrollment charter school [, junior
430	430	college district, or a district or authority organized under
431	431	Article III, Section 52, or Article XVI, Section 59, of the Texas
432	432	Constitution,] shall prepare an annual financial statement showing
433	433	for each fund subject to the authority of the governing body during
434	434	the fiscal year:
435	435	(1) the total receipts of the fund, itemized by source
436	436	of revenue, including taxes, assessments, service charges, grants
437	437	of state money, gifts, or other general sources from which funds are
438	438	derived;
439	439	(2) the total disbursements of the fund, itemized by
440	440	the nature of the expenditure; and
441	441	(3) the balance in the fund at the close of the fiscal
442	442	year.
443	443	(b) The governing body of an open-enrollment charter school
444	444	shall take action to ensure that the school's annual financial
445	445	report is made available in the manner provided by Chapter 552,
446	446	Government Code, and is posted continuously on the school's
447	447	Internet website.
448	448	(c) An open-enrollment charter school shall maintain or
449	449	cause to be maintained an Internet website to comply with this
450	450	section.
451	451	SECTION 15. Chapter 140, Local Government Code, is amended
452	452	by adding Section 140.008 to read as follows:
453	453	Sec. 140.008. ANNUAL FINANCIAL REPORT; DEBT INFORMATION.
454	454	(a) In this section:
455	455	(1) "Debt obligation" means an issued public security,
456	456	as defined by Section 1201.002, Government Code.
457	457	(2) "Political subdivision" means a county,
458	458	municipality, school district, junior college district, other
459	459	special district, or other subdivision of state government.
460	460	(b) Except as provided by Subsections (c) and (d), a
461	461	political subdivision shall prepare an annual financial report that
462	462	includes:
463	463	(1) financial information for each fund subject to the
464	464	authority of the governing body of the political subdivision during
465	465	the fiscal year, including:
466	466	(A) the total receipts of the fund, itemized by
467	467	source of revenue, including taxes, assessments, service charges,
468	468	grants of state money, gifts, or other general sources from which
469	469	funds are derived;
470	470	(B) the total disbursements of the fund, itemized
471	471	by the nature of the expenditure;
472	472	(C) the balance in the fund as of the last day of
473	473	the fiscal year; and
474	474	(D) any other information required by law to be
475	475	included by the political subdivision in an annual financial report
476	476	or comparable annual financial statement, exhibit, or report;
477	477	(2) as of the last day of the preceding fiscal year,
478	478	debt obligation information for the political subdivision that must
479	479	state:
480	480	(A) the amount of all authorized debt
481	481	obligations;
482	482	(B) the principal of all outstanding debt
483	483	obligations;
484	484	(C) the principal of each outstanding debt
485	485	obligation;
486	486	(D) the combined principal and interest required
487	487	to pay all outstanding debt obligations on time and in full;
488	488	(E) the combined principal and interest required
489	489	to pay each outstanding debt obligation on time and in full;
490	490	(F) the amounts required by Paragraphs (A)-(E)
491	491	limited to authorized and outstanding debt obligations secured by
492	492	ad valorem taxation, expressed as a total amount and, if the
493	493	political subdivision is a municipality, county, or school
494	494	district, as a per capita amount; and
495	495	(G) the following for each debt obligation:
496	496	(i) the issued and unissued amount;
497	497	(ii) the spent and unspent amount;
498	498	(iii) the maturity date; and
499	499	(iv) the stated purpose for which the debt
500	500	obligation was authorized; and
501	501	(3) any other information that the political
502	502	subdivision considers relevant or necessary to explain the values
503	503	required by Subdivisions (2)(A)-(F), including:
504	504	(A) an amount required by Subdivision (2)(F)
505	505	stated as a per capita amount if the political subdivision is not
506	506	required to provide the amount under that paragraph;
507	507	(B) an explanation of the payment sources for the
508	508	different types of debt; and
509	509	(C) a projected per capita amount of an amount
510	510	required by Subdivision (2)(F), as of the last day of the maximum
511	511	term of the most recent debt obligation issued by the political
512	512	subdivision.
513	513	(c) Instead of replicating in the annual financial report
514	514	information required by Subsection (b) that is posted separately on
515	515	the political subdivision's Internet website, or on a website as
516	516	authorized by Subsection (g)(2), the political subdivision may
517	517	provide in the report a direct link to, or a clear statement
518	518	describing the location of, the separately posted information.
519	519	(d) As an alternative to preparing an annual financial
520	520	report, a political subdivision may provide to the comptroller the
521	521	information described by Subsection (b) and any other related
522	522	information required by the comptroller in the form and in the
523	523	manner prescribed by the comptroller. The comptroller shall post
524	524	the information on the comptroller's Internet website in the format
525	525	that the comptroller determines is appropriate. The political
526	526	subdivision shall provide a link from the political subdivision's
527	527	website, or a website as authorized by Subsection (g)(2), to the
528	528	location on the comptroller's website where the political
529	529	subdivision's financial information may be viewed. The comptroller
530	530	shall adopt rules necessary to implement this subsection.
531	531	(e) Except as provided by Subsection (d), the governing body
532	532	of a political subdivision shall take action to ensure that:
533	533	(1) the political subdivision's annual financial
534	534	report is made available for inspection by any person and is posted
535	535	continuously on the political subdivision's Internet website, or on
536	536	a website as authorized by Subsection (g)(2), until the political
537	537	subdivision posts the next annual financial report; and
538	538	(2) the contact information for the main office of the
539	539	political subdivision is continuously posted on the website,
540	540	including the physical address, the mailing address, the main
541	541	telephone number, and an e-mail address.
542	542	(f) Except as provided by Subsection (g), a political
543	543	subdivision shall maintain or cause to be maintained an Internet
544	544	website to comply with this section.
545	545	(g) This subsection does not apply to a county or
546	546	municipality with a population of more than 2,000 or a school
547	547	district or a junior college district. If a political subdivision
548	548	did not maintain an Internet website or cause a website to be
549	549	maintained on January 1, 2013, the political subdivision shall post
550	550	the information required by this section on:
551	551	(1) the political subdivision's website, if the
552	552	political subdivision chooses to maintain the website or cause the
553	553	website to be maintained; or
554	554	(2) a website in which the political subdivision
555	555	controls the content of the posting, including a social media site,
556	556	provided that the information is easily found by searching the name
557	557	of the political subdivision on the Internet.
558	558	SECTION 16. Section 271.047, Local Government Code, is
559	559	amended by adding Subsection (d) to read as follows:
560	560	(d) Except as provided by this subsection, the governing
561	561	body of an issuer may not authorize a certificate to pay a
562	562	contractual obligation to be incurred if a bond proposition to
563	563	authorize the issuance of bonds for the same purpose was submitted
564	564	to the voters during the preceding three years and failed to be
565	565	approved. A governing body may authorize a certificate that the
566	566	governing body is otherwise prohibited from authorizing under this
567	567	subsection:
568	568	(1) in a case described by Sections 271.056(1)-(3);
569	569	and
570	570	(2) to comply with a state or federal law, rule, or
571	571	regulation if the political subdivision has been officially
572	572	notified of noncompliance with the law, rule, or regulation.
573	573	SECTION 17. Section 271.049, Local Government Code, is
574	574	amended by amending Subsections (a), (b), and (d) and adding
575	575	Subsections (e), (f), and (g) to read as follows:
576	576	(a) Regardless of the sources of payment of certificates,
577	577	certificates may not be issued unless the issuer publishes notice
578	578	of its intention to issue the certificates. The notice must be
579	579	published:
580	580	(1) once a week for two consecutive weeks in a
581	581	newspaper, as defined by Subchapter C, Chapter 2051, Government
582	582	Code, that is of general circulation in the area of the issuer, with
583	583	the date of the first publication to be before the 45th [30th] day
584	584	before the date tentatively set for the passage of the order or
585	585	ordinance authorizing the issuance of the certificates; and
586	586	(2) continuously on the issuer's Internet website, or
587	587	on a website as authorized by Subsection (f)(2), for at least 45
588	588	days before the date tentatively set for the passage of the order or
589	589	ordinance authorizing the issuance of the certificates and until
590	590	the first day after the date the issuer adopts the order or
591	591	ordinance.
592	592	(b) The notice must state:
593	593	(1) the time and place tentatively set for the passage
594	594	of the order or ordinance authorizing the issuance of the
595	595	certificates;
596	596	(2) the [maximum amount and] purpose of the
597	597	certificates to be authorized; [and]
598	598	(3) the manner in which the certificates will be paid
599	599	for, whether by taxes, revenues, or a combination of the two;
600	600	(4) as of the date the issuer adopts the order or
601	601	ordinance, the principal of all outstanding debt obligations of the
602	602	issuer;
603	603	(5) as of the date the issuer adopts the order or
604	604	ordinance, the estimated remaining interest of all outstanding debt
605	605	obligations of the issuer;
606	606	(6) as of the date the issuer adopts the order or
607	607	ordinance, the estimated combined principal and interest required
608	608	to pay all outstanding debt obligations of the issuer on time and in
609	609	full;
610	610	(7) the maximum principal of the certificates to be
611	611	authorized; and
612	612	(8) the process by which a petition may be submitted
613	613	requesting an election on the issuance of the certificates, in the
614	614	following form:
615	615	"Five percent of the qualified voters of (name of issuer) may
616	616	petition to require an election to be held authorizing the issuance
617	617	of certificates of obligation by delivering a signed petition to
618	618	the (insert "secretary or clerk" if the issuer is a municipality, or
619	619	"county clerk" if the issuer is a county) of (name of issuer)
620	620	before the date the governing body has set for the authorization of
621	621	the certificates of obligation. Information about the requirements
622	622	of the petition may be obtained from the (insert "secretary or
623	623	clerk" if the issuer is a municipality, or "county clerk" if the
624	624	issuer is a county) of (name of issuer)."[.]
625	625	(d) This section does not apply to certificates issued for
626	626	the purposes described by Sections 271.056(1)-(3)
627	627	[271.056(1)-(4)].
628	628	(e) Except as provided by Subsection (f), an issuer shall
629	629	maintain or cause to be maintained an Internet website to comply
630	630	with this section.
631	631	(f) This subsection does not apply to a county or
632	632	municipality with a population of more than 2,000. If an issuer did
633	633	not maintain an Internet website or cause a website to be maintained
634	634	on January 1, 2013, the issuer shall post the information required
635	635	by Subsection (b) on:
636	636	(1) the issuer's website, if the issuer chooses to
637	637	maintain the website or cause the website to be maintained; or
638	638	(2) a website in which the issuer controls the content
639	639	of the posting, including a social media site, provided that the
640	640	information is easily found by searching the name of the issuer on
641	641	the Internet.
642	642	(g) In this section, "debt obligation" means an issued
643	643	public security, as defined by Section 1201.002, Government Code,
644	644	that is payable from and secured by ad valorem taxes.
645	645	SECTION 18. Title 1, Special District Local Laws Code, is
646	646	amended by adding Chapter 2 to read as follows:
647	647	CHAPTER 2. COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS
648	648	Sec. 2.001. DEFINITION. In this chapter, "special
649	649	district" means a political subdivision of this state that has a
650	650	limited geographic area, is created by local law or under general
651	651	law for a special purpose, and is authorized to impose a tax,
652	652	assessment, or fee. The term does not include:
653	653	(1) a school district;
654	654	(2) a junior college district; or
655	655	(3) a political subdivision that receives financial
656	656	assistance through the state water implementation fund created by
657	657	the 83rd Legislature, Regular Session, 2013.
658	658	Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least
659	659	once every six years, the governing body of a special district that
660	660	has outstanding debt or imposes a tax, assessment, or fee shall
661	661	conduct a comprehensive review of the district under this chapter.
662	662	(b) The governing body of a special district that issues
663	663	debt or imposes a tax, assessment, or fee for the first time on or
664	664	after September 1, 2013, shall conduct the first comprehensive
665	665	review not later than the third anniversary of the date the
666	666	governing body issues the debt or imposes the tax, assessment, or
667	667	fee.
668	668	Sec. 2.003. COMPREHENSIVE SELF-EVALUATION REPORT. (a)
669	669	After conducting the review, the governing body must publish a
670	670	written self-evaluation report not later than the 30th day before
671	671	the date of the public hearing required by Section 2.005.
672	672	(b) Except as provided by Subsection (c), the
673	673	self-evaluation report must include:
674	674	(1) an identification of the statutory provision
675	675	authorizing the special district;
676	676	(2) an identification of the purpose of the special
677	677	district and an assessment of the extent to which the purpose has
678	678	been achieved, has failed to be achieved, or is continuing to be
679	679	achieved;
680	680	(3) an identification of the activities of the special
681	681	district that overlap or duplicate those of other governmental
682	682	entities;
683	683	(4) an identification of each tax, assessment, fee, or
684	684	penalty that the special district is authorized to impose or
685	685	collect;
686	686	(5) a statement of the revenue collected by the
687	687	special district and an assessment of whether the revenue exceeds
688	688	the amount needed to accomplish the purpose of the district; and
689	689	(6) an identification of the special district's
690	690	financial liabilities, including bonds and other obligations.
691	691	(c) Instead of replicating in the self-evaluation report
692	692	information required by Subsection (b) that is posted separately on
693	693	the special district's Internet website, or on a website as
694	694	authorized by Section 2.006(b)(2), the district may provide in the
695	695	report a direct link to, or a clear statement describing the
696	696	location of, the separately posted information.
697	697	(d) The governing body must make the self-evaluation report
698	698	available for inspection by any person. The governing body must
699	699	take action to ensure that the self-evaluation report is posted
700	700	continuously on the special district's Internet website, or on a
701	701	website as authorized by Section 2.006(b)(2).
702	702	Sec. 2.004. NOTICE OF HEARING. (a) Not earlier than the
703	703	30th day or later than the 15th day before the date of the hearing
704	704	required by Section 2.005, the governing body of the special
705	705	district shall take action to ensure that the notice of the hearing
706	706	is published in at least one newspaper of general circulation in the
707	707	county in which the district is located and on the district's
708	708	Internet website, or on a website as authorized by Section
709	709	2.006(b)(2). The notice on the website must remain posted until the
710	710	conclusion of the hearing.
711	711	(b) The notice must contain a statement in the following
712	712	form:
713	713	"NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE
714	714	SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT)
715	715	"The (insert name of the district) was created in (insert
716	716	year) to (insert purpose for district's creation). The district
717	717	imposes a (insert type of tax, assessment, or fee, as appropriate,
718	718	and the appropriate rate or amount). State law requires the
719	719	district to hold a hearing at least every six years to consider the
720	720	district's comprehensive self-evaluation report. The hearing will
721	721	be held on (insert date) at (insert time) at (insert location). A
722	722	copy of the district's comprehensive self-evaluation report is
723	723	available at (insert the physical address of the district's main
724	724	office, or the physical address of the main office of another local
725	725	political subdivision if the district does not maintain an office,
726	726	and the website address where the comprehensive self-evaluation
727	727	report is posted)."
728	728	Sec. 2.005. PUBLIC HEARING. (a) The governing body of a
729	729	special district must conduct a public hearing at which persons
730	730	interested in the self-evaluation report are given the opportunity
731	731	to be heard.
732	732	(b) Not later than the 10th day after the date of the public
733	733	hearing, the governing body shall take action to ensure that the
734	734	following is posted on the special district's Internet website, or
735	735	on a website as authorized by Section 2.006(b)(2):
736	736	(1) the minutes of the hearing;
737	737	(2) the estimated number of members of the public in
738	738	attendance at the hearing; and
739	739	(3) the number of witnesses testifying at the hearing.
740	740	Sec. 2.006. INTERNET WEBSITE. (a) Except as provided by
741	741	Subsection (b), a special district shall maintain or cause to be
742	742	maintained an Internet website to comply with this chapter.
743	743	(b) If a special district did not maintain an Internet
744	744	website or cause a website to be maintained on January 1, 2013, the
745	745	special district shall post the information required by this
746	746	chapter on:
747	747	(1) the special district's website, if the special
748	748	district chooses to maintain the website or cause the website to be
749	749	maintained; or
750	750	(2) a website in which the special district controls
751	751	the content of the posting, including a social media site, provided
752	752	that the information is easily found by searching the name of the
753	753	special district on the Internet.
754	754	SECTION 19. The heading to Section 26.16, Tax Code, is
755	755	amended to read as follows:
756	756	Sec. 26.16. REPORTING OF TAX RATES AND POSTING OF [TAX]
757	757	RATES ON THE [COUNTY'S] INTERNET [WEBSITE].
758	758	SECTION 20. Section 26.16, Tax Code, is amended by amending
759	759	Subsections (a), (b), and (e) and adding Subsections (f) and (g) to
760	760	read as follows:
761	761	(a) Except as provided by Subsection (g), the [The] county
762	762	assessor-collector for each county, including those that do not
763	763	participate in the assessment or collection of property taxes,
764	764	shall maintain or cause to be maintained [that maintains] an
765	765	Internet website. The county assessor-collector shall post on the
766	766	assessor-collector's website or on the website of the county or
767	767	shall provide on at least one of those websites a link to the
768	768	location on the comptroller's website where may be viewed the
769	769	following information for the most recent five tax years beginning
770	770	with the 2012 tax year for each taxing unit all or part of the
771	771	territory of which is located in the county:
772	772	(1) the adopted tax rate;
773	773	(2) the maintenance and operations rate;
774	774	(3) the debt rate;
775	775	(4) the effective tax rate;
776	776	(5) the effective maintenance and operations rate; and
777	777	(6) the rollback tax rate.
778	778	(b) Each taxing unit [all or part of the territory of which
779	779	is located in the county] shall annually provide the information
780	780	described by Subsection (a) pertaining to the taxing unit to the
781	781	county assessor-collector of each county in which all or part of the
782	782	taxing unit's territory is located [annually] following the
783	783	adoption of a tax rate by the taxing unit for the current tax year.
784	784	The chief appraiser of the appraisal district established in the
785	785	county may assist the county assessor-collector in identifying the
786	786	taxing units required to provide information to the
787	787	assessor-collector.
788	788	(e) The county assessor-collector for each county shall
789	789	report the tax rate information described by Subsection (a) for the
790	790	current tax year to the comptroller.
791	791	(f) The comptroller by rule shall prescribe the time and
792	792	manner in which the information described by this section is
793	793	required to be reported and published [presented].
794	794	(g) If a county assessor-collector or the county served by
795	795	the assessor-collector did not maintain or cause to be maintained
796	796	an Internet website on January 1, 2013, and the county has a
797	797	population of 2,000 or less, the assessor-collector shall:
798	798	(1) post the information required by Subsection (a)
799	799	on:
800	800	(A) the assessor-collector's or county's
801	801	website, if the assessor-collector or county chooses to maintain
802	802	the website or cause the website to be maintained; or
803	803	(B) a website in which the assessor-collector or
804	804	county controls the content of the posting, including a social
805	805	media site, provided that the information is easily found by
806	806	searching the name of the county or the assessor-collector on the
807	807	Internet; or
808	808	(2) provide on at least one website a link to the
809	809	information on the comptroller's website, provided that the link is
810	810	easily found by searching the name of the county or the
811	811	assessor-collector on the Internet.
812	812	SECTION 21. Section 140.006, Local Government Code, is
813	813	repealed.
814	814	SECTION 22. (a) Section 46.101, Education Code, as added
815	815	by this Act, applies to a school district or open-enrollment
816	816	charter school beginning on the effective date of rules adopted by
817	817	the commissioner of education under Section 46.101(b), Education
818	818	Code, as added by this Act.
819	819	(b) Section 1251.052, Government Code, as added by this Act,
820	820	applies only to a bond election ordered on or after the effective
821	821	date of this Act. A bond election ordered before the effective date
822	822	of this Act is governed by the law in effect when the bond election
823	823	was ordered, and the former law is continued in effect for that
824	824	purpose.
825	825	(c) Not later than January 1, 2014, the secretary of state
826	826	shall make available on the secretary of state's Internet website a
827	827	form of the voter information document described by Section
828	828	1251.052(c), Government Code, as added by this Act.
829	829	(d) Not later than January 1, 2014, the Texas Ethics
830	830	Commission shall make available on the Texas Ethics Commission's
831	831	Internet website the guidelines required by Section 1251.052(g),
832	832	Government Code, as added by this Act.
833	833	(e) The governing body of a school district or junior
834	834	college district required to publish an annual financial statement
835	835	under former Section 140.006, Local Government Code, shall publish
836	836	an annual financial statement for the last fiscal year ending
837	837	before the effective date of this Act for which the district has not
838	838	published an annual financial statement.
839	839	(f) Section 140.008, Local Government Code, as added by this
840	840	Act, applies only to an annual financial report for a fiscal year
841	841	ending on or after the effective date of this Act. An annual
842	842	financial report for a fiscal year ending before the effective date
843	843	of this Act is governed by the law in effect when the fiscal year
844	844	ended, and the former law is continued in effect for that purpose.
845	845	(g) The changes in law made by this Act to Section 271.049,
846	846	Local Government Code, apply only to a certificate of obligation
847	847	for which the first notice of intention to issue the certificate is
848	848	made on or after the effective date of this Act. A certificate of
849	849	obligation for which the first notice of intention to issue the
850	850	certificate is made before the effective date of this Act is
851	851	governed by the law in effect when the notice of intention is made,
852	852	and the former law is continued in effect for that purpose.
853	853	(h) The governing body of a special district to which
854	854	Section 2.002, Special District Local Laws Code, as added by this
855	855	Act, applies that has issued debt or imposed a tax, assessment, or
856	856	fee before the effective date of this Act must conclude the first
857	857	comprehensive review cycle required by that section not later than
858	858	September 1, 2014.
859	859	SECTION 23. This Act takes effect September 1, 2013.