83R6635 TJB-D
By: Pitts H.B. No. 1805
A BILL TO BE ENTITLED
AN ACT
relating to the fiscal transparency and accountability of certain
entities responsible for public money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Education Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. PUBLIC INFORMATION REGARDING FACILITIES
Sec. 46.101. DEFINITION. In this subchapter,
"instructional facility" has the meaning assigned by Section
46.001.
Sec. 46.102. INVENTORY OF EXISTING FACILITIES. (a) A
school district or open-enrollment charter school shall post an
inventory of the district's or school's existing facilities on the
district's or school's Internet website.
(b) The inventory must include at least the following
information regarding instructional facilities:
(1) the total available square footage and maximum
student capacity of the district's or school's instructional
facilities in aggregate;
(2) the total current student enrollment in the
district or school; and
(3) for each separate instructional facility:
(A) square footage;
(B) maximum student capacity; and
(C) current student enrollment.
(c) The inventory must include at least the following
information regarding each facility other than an instructional
facility:
(1) square footage;
(2) a statement of the facility's current use; and
(3) any other information specified by rule adopted by
the commissioner.
(d) For a facility for which the school district or
open-enrollment charter school developed and posted construction
or renovation information in accordance with Section 46.103, the
information provided under this section for the facility must also
include the final updated information required under Section
46.103. This subsection does not require a district or school to
develop and post information regarding construction or renovation
costs for a facility not subject to Section 46.103.
(e) A school district or open-enrollment charter school
shall update the information posted under this section at least
annually and more frequently if necessary to ensure that the
information provides an accurate description of existing
facilities.
(f) A school district or open-enrollment charter school
shall maintain an Internet website to comply with this section.
Sec. 46.103. CONSTRUCTION AND RENOVATION OF FACILITIES.
(a) A school district or open-enrollment charter school shall post
on the district's or school's Internet website at least the
information specified by this section regarding each project for
the construction or renovation of a facility.
(b) The following information must be posted regarding an
instructional facility:
(1) the square footage of the facility;
(2) the square footage per student, computed using the
maximum student capacity at the facility;
(3) the cost per square foot;
(4) the cost per student, computed using the maximum
student capacity at the facility; and
(5) the average cost of constructing a comparable
facility in the region, as determined by the commissioner under
Subsection (f).
(c) The following information must be posted regarding a
facility other than an instructional facility:
(1) the square footage of the facility;
(2) a statement of the intended use of the facility;
(3) the cost per square foot;
(4) the average cost of constructing a comparable
facility in the region, as determined by the commissioner under
Subsection (f); and
(5) any other information specified by rule adopted by
the commissioner.
(d) A school district or open-enrollment charter school
shall comply with this section at the beginning of a project by
posting information based on estimated costs and anticipated
construction or renovation design plans. At the conclusion of the
project, the district or school shall post updated information that
reflects the actual cost and final specifications of the project.
Subsequently, the district or school shall continue to post the
information as provided by Section 46.102(d).
(e) A school district or open-enrollment charter school
shall maintain an Internet website to comply with this section.
(f) The commissioner shall determine and periodically
update information regarding the average cost per square foot in
each region of the state of constructing instructional facilities
and other school district or open-enrollment charter school
facilities. The commissioner may base a determination under this
subsection on any relevant information available to the
commissioner and may enter into any contract necessary to authorize
use of or access to the information.
SECTION 2. Section 51.005, Education Code, is amended to
read as follows:
Sec. 51.005. ANNUAL FINANCIAL REPORT [REPORTS]. (a) Each
institution of higher education shall:
(1) prepare a complete annual financial report as
prescribed by Section 2101.011, Government Code; and
(2) post the institution's most recent annual
financial report continuously on the institution's Internet
website.
(b) Each institution of higher education that is a component
of a university system shall include in its annual financial report
a description of any debt issued by the university system for or on
behalf of the institution during the fiscal year covered by the
report. In this subsection, "university system" has the meaning
assigned by Section 61.003.
SECTION 3. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0621 to read as follows:
Sec. 61.0621. JUNIOR COLLEGE DISTRICT CONSTRUCTION COST
REPORTING. (a) The board shall require each junior college
district to report building construction costs and related
information to the board for the purpose of determining:
(1) the average cost per square foot, adjusted for
inflation for the region of the state in which the project is
located; and
(2) the average cost per full-time equivalent student
for each junior college district.
(b) The board, in consultation with the governing boards of
the state's junior college districts, shall prescribe the form,
manner, and times of reports required under this section.
(c) The board shall compile the information reported under
Subsection (a) for all junior college districts and periodically
report its findings to the districts. The board and each junior
college district shall post the board's findings on each respective
entity's Internet website.
(d) The board shall adopt rules for the administration of
this section.
(e) In administering this section, the board shall attempt
to avoid duplicating other reporting requirements applicable to
junior college districts.
SECTION 4. Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.0117 to read as follows:
Sec. 403.0117. LOCAL TAX RATES PUBLISHED ON INTERNET. (a)
The comptroller shall publish on the comptroller's Internet
website, listed by county:
(1) the name of each political subdivision that
imposes a sales and use tax and the sales and use tax rate for the
political subdivision; and
(2) the tax rate information reported to the
comptroller by each county assessor-collector under Section
26.16(e), Tax Code.
(b) The comptroller shall update the information described
by Subsection (a) at least annually.
SECTION 5. Section 1202.008, Government Code, is amended to
read as follows:
Sec. 1202.008. COLLECTION AND REPORT OF INFORMATION ON
LOCAL [PUBLIC] SECURITIES [OF POLITICAL SUBDIVISIONS]. (a) In
this section, "local security" has the meaning assigned by Section
1231.001.
(b) In reviewing local [public] securities under this
chapter, the attorney general shall [may] collect, in the form
required by the Bond Review Board, information on each local
security [public securities issued by a municipal corporation or
political subdivision of this state].
(c) [(b)] The information must include:
(1) the terms of each local security [the public
securities];
(2) the debt service payable on each local security
[the public securities]; and
(3) other information required by the Bond Review
Board.
(d) [(c)] The attorney general shall send the information
to the Bond Review Board for inclusion in the reports required by
Sections [board's report of debt statistics under Section]
1231.062, 1231.104, and 1231.105.
(e) The attorney general may not approve a local security
under Section 1202.003 until the attorney general receives written
notification from the bond finance office at the Bond Review Board
that the office:
(1) has received the information required by
Subsection (c); or
(2) has agreed to a later date for the submission of
the information.
SECTION 6. The heading to Subtitle B, Title 9, Government
Code, is amended to read as follows:
SUBTITLE B. PROVISIONS APPLICABLE TO PUBLIC SECURITIES [ISSUED BY
STATE GOVERNMENT]
SECTION 7. Section 1231.001, Government Code, is amended by
adding Subdivision (4) to read as follows:
(4) "Local security" means a public security as
defined by Section 1201.002, other than a state security.
SECTION 8. Section 1231.062(b), Government Code, is amended
to read as follows:
(b) A report must include:
(1) total debt service as a percentage of total
expenditures;
(2) total debt [tax-supported debt service as a
percentage of general revenue expenditure;
[(3)] per capita [total debt];
(3) tax-supported debt [(4) per capita tax-supported
debt;
[(5) total debt and tax-supported debt as a percentage
of personal income;
[(6) total personal income per capita;
[(7) total debt per capita as a percentage of total
personal income] per capita;
(4) [(8)] total debt and tax-supported debt as a
percentage of real property valuations;
(5) [(9) total debt and tax-supported debt as a
percentage of annual revenues and expenditures;
[(10)] principal scheduled [required] to be repaid in
five years, [and principal required to be repaid in] 10 years, and
20 years;
(6) [(11) growth rates of total debt per capita and
total debt per dollar of personal income;
[(12)] recent issuances [trends in the issuance] of
short-term notes;
(7) [(13)] recent trends in issuance costs;
(8) [(14)] savings from recent refundings;
(9) debt outstanding [(15) recent trends in
capitalized interest use;
[(16) debt service coverage ratios, if applicable];
and
(10) [(17)] other information the board considers
relevant.
SECTION 9. The heading to Section 1231.102, Government
Code, is amended to read as follows:
Sec. 1231.102. STATE SECURITIES ANNUAL REPORT.
SECTION 10. Subchapter F, Chapter 1231, Government Code, is
amended by adding Sections 1231.104, 1231.105, and 1231.106 to read
as follows:
Sec. 1231.104. LOCAL SECURITIES ANNUAL REPORT. Not later
than the 180th day after the end of each state fiscal year, the bond
finance office shall publish a report listing:
(1) the amount of local securities outstanding;
(2) applicable repayment schedules; and
(3) other information the office considers relevant.
Sec. 1231.105. ONLINE ANNUAL LOCAL DEBT STATISTICS REPORT.
Not later than the 150th day after the end of each state fiscal
year, the bond finance office shall publish on the office's
Internet website a report that includes the statistical information
listed in Section 1231.062(b) for all local securities for the
preceding fiscal year.
Sec. 1231.106. REQUIRED INFORMATION. (a) An issuer of a
local security shall provide annually to the bond finance office,
and at other times required by the office, information that the
office determines necessary to administer the powers or duties of
the board or the office, including the preparation of any report.
(b) The bond finance office shall develop a standardized
format to simplify the submission of information by an issuer under
this section.
SECTION 11. Section 140.005, Local Government Code, is
transferred to Subchapter D, Chapter 12, Education Code,
redesignated as Section 12.1191, Education Code, and amended to
read as follows:
Sec. 12.1191 [140.005]. ANNUAL FINANCIAL STATEMENT OF
CHARTER SCHOOL [, ROAD, OR OTHER DISTRICT]. (a) The governing body
of an [a school district,] open-enrollment charter school [, junior
college district, or a district or authority organized under
Article III, Section 52, or Article XVI, Section 59, of the Texas
Constitution,] shall prepare an annual financial statement showing
for each fund subject to the authority of the governing body during
the fiscal year:
(1) the total receipts of the fund, itemized by source
of revenue, including taxes, assessments, service charges, grants
of state money, gifts, or other general sources from which funds are
derived;
(2) the total disbursements of the fund, itemized by
the nature of the expenditure; and
(3) the balance in the fund at the close of the fiscal
year.
(b) The governing body of an open-enrollment charter school
shall take action to ensure that the school's annual financial
report is made available in the manner provided by Chapter 552,
Government Code, and is posted continuously on the school's
Internet website.
(c) An open-enrollment charter school shall maintain an
Internet website to comply with this section.
SECTION 12. Chapter 140, Local Government Code, is amended
by adding Section 140.008 to read as follows:
Sec. 140.008. ANNUAL FINANCIAL REPORT; DEBT INFORMATION.
(a) In this section:
(1) "Debt obligation" means an issued public security,
as defined by Section 1201.002, Government Code.
(2) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
(b) A political subdivision shall prepare an annual
financial report that includes:
(1) financial information for each fund subject to the
authority of the governing body of the political subdivision during
the fiscal year, including:
(A) the total receipts of the fund, itemized by
source of revenue, including taxes, assessments, service charges,
grants of state money, gifts, or other general sources from which
funds are derived;
(B) the total disbursements of the fund, itemized
by the nature of the expenditure;
(C) the balance in the fund as of the last day of
the fiscal year; and
(D) any other information required by law to be
included by the political subdivision in an annual financial report
or comparable annual financial statement, exhibit, or report; and
(2) then-current debt obligation information for the
political subdivision that must state:
(A) as a total amount and as a per capita amount:
(i) the amount of all authorized debt
obligations;
(ii) the principal of all outstanding debt
obligations;
(iii) the principal of each outstanding
debt obligation;
(iv) the combined principal and interest
required to pay all outstanding debt obligations on time and in
full; and
(v) the combined principal and interest
required to pay each outstanding debt obligation on time and in
full; and
(B) for each debt obligation:
(i) the issued and unissued amount;
(ii) the spent and unspent amount;
(iii) the maturity date; and
(iv) the stated purpose for which the debt
obligation was authorized.
(c) The governing body of a political subdivision shall take
action to ensure that:
(1) the political subdivision's annual financial
report is made available for inspection by any person and is posted
continuously on the political subdivision's Internet website; and
(2) the contact information for the main office of the
political subdivision is continuously posted on the website,
including the physical address, the mailing address, the main
telephone number, and an e-mail address.
(d) A political subdivision shall maintain an Internet
website to comply with this section.
SECTION 13. The heading to Section 26.16, Tax Code, is
amended to read as follows:
Sec. 26.16. REPORTING OF TAX RATES AND POSTING OF [TAX]
RATES ON COUNTY'S INTERNET WEBSITE.
SECTION 14. Section 26.16, Tax Code, is amended by amending
Subsections (a), (b), and (e) and adding Subsection (f) to read as
follows:
(a) The county assessor-collector for each county,
including those that do not participate in the assessment or
collection of property taxes, shall maintain [that maintains] an
Internet website. The county assessor-collector shall post on the
website [of the county] the following information for the most
recent five tax years beginning with the 2012 tax year for each
taxing unit all or part of the territory of which is located in the
county:
(1) the adopted tax rate;
(2) the maintenance and operations rate;
(3) the debt rate;
(4) the effective tax rate;
(5) the effective maintenance and operations rate; and
(6) the rollback tax rate.
(b) Each taxing unit [all or part of the territory of which
is located in the county] shall annually provide the information
described by Subsection (a) pertaining to the taxing unit to the
county assessor-collector of each county in which all or part of the
unit's territory is located [annually] following the adoption of a
tax rate by the taxing unit for the current tax year. The chief
appraiser of the appraisal district established in the county may
assist the county assessor-collector in identifying the taxing
units required to provide information to the assessor-collector.
(e) The county assessor-collector for each county shall
report the tax rate information described by Subsection (a) for the
current tax year to the comptroller.
(f) The comptroller by rule shall prescribe the time and
manner in which the information described by this section is
required to be reported and published [presented].
SECTION 15. Section 140.006, Local Government Code, is
repealed.
SECTION 16. (a) Section 46.103, Education Code, as added by
this Act, applies only to school district construction or
renovation projects that are in progress on or are initiated on or
after the effective date of this Act. A school district is not
required to post information regarding projects that are completed
on or before the effective date of this Act.
(b) The governing body of a school district or junior
college district required to publish an annual financial statement
under former Section 140.006, Local Government Code, shall publish
an annual financial statement for the last fiscal year ending
before the effective date of this Act for which the district has not
published an annual financial statement.
(c) Section 140.008, Local Government Code, as added by this
Act, applies only to an annual financial report for a fiscal year
ending on or after the effective date of this Act. An annual
financial report for a fiscal year ending before the effective date
of this Act is governed by the law in effect when the fiscal year
ended, and the former law is continued in effect for that purpose.
SECTION 17. This Act takes effect September 1, 2013.