By: Williams, et al. S.B. No. 14
(Pitts, Murphy, Cook, Crownover, Turner of Collin)
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. AVAILABILITY OF INFORMATION REGARDING
FACILITIES. (a) For the purpose of providing information to the
public regarding district or school facilities usage and taxpayer
value, a school district or open-enrollment charter school shall:
(1) report data elements specified by commissioner
rule to the agency through the Texas Student Data System (TSDS) or a
successor data management system maintained by the agency; and
(2) provide a direct link on the district's or school's
Internet website to the Texas Student Data System (TSDS) or a
successor data management system maintained by the agency through
which the facilities information relevant to the specific district
or school may be readily accessed.
(b) The commissioner shall adopt rules necessary to
implement this section, including rules ensuring that the Texas
Student Data System (TSDS) or a successor data management system
maintained by the agency includes appropriate data elements
regarding school facilities usage and taxpayer value.
(c) The commissioner shall adopt rules for purposes of
Subsection (b) based on the recommendations of the Taxpayer Value
and School Facilities Usage Advisory Committee established under
Section 46.102. This subsection expires September 1, 2017.
Sec. 46.102. TAXPAYER VALUE AND SCHOOL FACILITIES USAGE
ADVISORY COMMITTEE. (a) The Taxpayer Value and School Facilities
Usage Advisory Committee is established to serve the function
specified by this section.
(b) The committee consists of:
(1) the commissioner and the comptroller, who serve as
co-chairs of the committee; and
(2) the following persons, appointed jointly by the
commissioner and comptroller from lists of persons recommended by
the lieutenant governor and speaker of the house of
representatives:
(A) a current school board member;
(B) a current school district administrator;
(C) a current public school teacher;
(D) a parent of a student currently enrolled in a
public school;
(E) a representative of the school construction
industry, who may be an engineer, architect, or contractor;
(F) a representative of the construction
industry who does not work on school construction, who may be an
engineer, architect, or contractor; and
(G) a member of the public.
(c) The lieutenant governor and speaker of the house of
representatives shall submit to the commissioner and comptroller
lists of persons recommended for appointment to the committee not
later than October 15, 2013. The lists must include recommended
persons for each position described in Subsections (b)(2)(A)-(G).
The commissioner and comptroller shall make the appointments
required by Subsection (b) not later than December 1, 2013.
(d) The committee shall meet to develop recommendations
regarding the data that should be considered in evaluating a school
district's or open-enrollment charter school's facility usage and
taxpayer value with regard to school facility construction and
renovation. The committee shall hold its initial meeting as soon as
possible after the committee members are selected, but not later
than January 15, 2014.
(e) Not later than December 31, 2014, the committee shall
develop its final recommendations and submit a report to the
governor, lieutenant governor, and speaker of the house of
representatives. The committee shall also make the report
available electronically to members of the legislature.
(f) Based on the recommendations developed by the
committee, the commissioner shall:
(1) ensure that the Texas Student Data System (TSDS)
or a successor data management system maintained by the agency
includes appropriate data elements regarding school facilities;
and
(2) adopt rules for purposes of Section 46.101.
(g) A committee member is not entitled to reimbursement of
expenses or to compensation.
(h) Chapter 2110, Government Code, does not apply to the
committee.
(i) This section expires September 1, 2017.
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) take action to ensure that the institution's most
recent annual financial report is posted continuously on the
institution's Internet website.
(b) Not later than November 30 of each year, each
institution of higher education shall take action to ensure that a
report showing the amount and a description of the institution's
outstanding debt on the last day of the preceding state fiscal year
is posted on the institution's Internet website. For a university
system, the report must show the aggregate outstanding debt for the
system and, to the extent that the debt is attributable to a
specific institution, the outstanding debt for each system
institution. In this subsection, "university system" has the
meaning assigned by Section 61.003.
(c) Each institution of higher education shall maintain or
cause to be maintained an Internet website to comply with this
section.
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 take action to ensure that the board's
findings are posted 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.
(f) Each junior college district shall maintain or cause to
be maintained an Internet website to comply with this section.
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
regarding each local security to the Bond Review Board not later
than the fifth day before the date the attorney general approves the
local security under Section 1202.003 [for inclusion in the board's
report of debt statistics under Section 1231.062].
(e) If an issuer has not provided the information required
by Subsection (c), the bond finance office at the Bond Review Board
shall notify the person listed as the contact for the issuer. The
notice must be in writing, describe the information that must be
submitted to the bond finance office, and inform the issuer that the
issuer will be placed on the noncompliance list if the information
is not provided as required by this subsection. An issuer must
provide the information described in the notice to the bond finance
office not later than the 90th day after the date the issuer
receives the notice. The bond finance office and the attorney
general shall maintain a noncompliance list of issuers that do not
provide the information in the manner provided by this subsection.
(f) The attorney general may not approve a local security
under Section 1202.003 submitted by an issuer that is included on
the noncompliance list described by Subsection (e) 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. Subchapter B, Chapter 1231, Government Code, is
amended by adding Section 1231.024 to read as follows:
Sec. 1231.024. CONTRACTS TO COLLECT INFORMATION. The board
may enter into one or more contracts to procure services to collect
and maintain information regarding the indebtedness of state
agencies and local governments.
SECTION 9. Subsection (b), Section 1231.062, Government
Code, is amended to read as follows:
(b) A report must include:
(1) total debt service as a percentage of total
expenditures;
(2) ad valorem tax-supported debt [service as a
percentage of general revenue expenditure];
(3) [per capita] total revenue obligations [debt];
(4) ad valorem [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;
[(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;
(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 10. The heading to Section 1231.102, Government
Code, is amended to read as follows:
Sec. 1231.102. STATE SECURITIES ANNUAL REPORT.
SECTION 11. Subchapter F, Chapter 1231, Government Code, is
amended by adding Sections 1231.104 and 1231.105 to read as
follows:
Sec. 1231.104. LOCAL SECURITIES ANNUAL REPORT. Not later
than the 180th day after the last day 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 last day 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.
SECTION 12. Chapter 1251, Government Code, is amended by
designating Sections 1251.001, 1251.002, 1251.003, 1251.004,
1251.005, and 1251.006 as Subchapter A and adding a heading to
Subchapter A to read as follows:
SUBCHAPTER A. COUNTIES AND MUNICIPALITIES
SECTION 13. Chapter 1251, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. BOND MATTERS AFFECTING MORE THAN ONE TYPE OF
POLITICAL SUBDIVISION
Sec. 1251.051. DEFINITIONS. In this subchapter:
(1) "Debt obligation" means an issued public security,
as defined by Section 1201.002, secured by property taxes.
(2) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
(3) "Secured self-supporting debt obligation" means a
debt obligation secured by property taxes but payable from revenue
from another source.
Sec. 1251.052. PUBLIC HEARING; VOTER INFORMATION DOCUMENT.
(a) Before a political subdivision may hold an election to
authorize the issuance of bonds, the governing body of the
political subdivision must conduct a public hearing at which
persons interested in the issuance of the bonds are given the
opportunity to be heard. The governing body must hold the hearing
not earlier than the day the governing body adopts the election
order or later than the first day before the date the period for
early voting by personal appearance begins for the election, as
determined under Section 85.001, Election Code.
(b) Not earlier than the 30th day or later than the 15th day
before the date of the hearing, the political subdivision must
provide the notice of the hearing and each voter information
document described by Subsection (c):
(1) by:
(A) publication in at least one newspaper of
general circulation in the county in which the political
subdivision is wholly or primarily located;
(B) inclusion in the political subdivision's
newsletter or circular mailed or delivered to each registered voter
in the political subdivision; or
(C) mail or hand delivery to each registered
voter in the political subdivision; and
(2) if the political subdivision has at least 250
registered voters, by:
(A) posting the notice and each document on:
(i) the political subdivision's Internet
website; or
(ii) a website as authorized by Section
1251.054(b)(2); or
(B) electronically submitting the notice and
each document as authorized by Section 1251.055(c)(2) or
1251.056(c).
(c) The political subdivision must prepare a separate voter
information document for each proposition to be discussed at the
hearing. Each voter information document must distinctly state:
(1) the language that will appear on the ballot;
(2) the purpose for which the bonds are to be
authorized;
(3) that taxes sufficient to pay the annual principal
of and interest on the bonds may be imposed;
(4) the maximum rate of interest for the bonds to be
authorized;
(5) the maturity date of the bonds to be authorized or
that the bonds may be issued to mature over a specified number of
years not to exceed the maximum number of years authorized by law;
(6) the following information formatted as a table:
(A) the property tax debt rate expressed in
dollars per $100 valuation of all taxable property in the political
subdivision, stated as:
(i) the existing rate;
(ii) the estimated rate if the bonds are
authorized; and
(iii) the estimated increase in the rate if
the bonds are authorized; and
(B) the amount expressed in dollars of the
property tax debt levy of the political subdivision per residence
with a taxable value of $100,000, stated as:
(i) the existing levy;
(ii) the estimated levy if the bonds are
authorized; and
(iii) the estimated increase in the levy if
the bonds are authorized;
(7) the following information formatted as a second
table and stated as a total amount and, if the political subdivision
is a municipality, county, or school district, as a per capita
amount:
(A) the principal of the bonds to be authorized;
(B) the estimated interest for the bonds to be
authorized;
(C) the estimated combined principal and
interest required to pay on time and in full the bonds to be
authorized; and
(D) as of the date the political subdivision
adopts the bond election order:
(i) the principal of all outstanding debt
obligations of the political subdivision secured by and payable
from property taxes;
(ii) the estimated remaining interest of
all outstanding debt obligations of the political subdivision
secured by and payable from property taxes; and
(iii) the estimated combined principal and
interest required to pay on time and in full all outstanding debt
obligations of the political subdivision secured by and payable
from property taxes;
(8) the following information as of the date the
political subdivision adopts the bond election order, formatted as
a third table:
(A) the principal of all outstanding secured
self-supporting debt obligations of the political subdivision;
(B) the estimated remaining interest of all
outstanding secured self-supporting debt obligations of the
political subdivision; and
(C) the estimated combined principal and
interest required to pay on time and in full all outstanding secured
self-supporting debt obligations of the political subdivision; and
(9) any other information that the political
subdivision considers relevant or necessary to explain the values
required by Subdivisions (4)-(8), including:
(A) an amount required by Subdivision (7) stated
as a per capita amount if the political subdivision is not required
to provide the amount under Subdivision (7);
(B) an explanation of the payment sources for the
different types of debt; and
(C) a value for the following expressed as a good
faith projection as of the last day of the maximum term of the bonds
to be authorized:
(i) a per capita amount required by
Subdivision (7);
(ii) an estimated rate required by
Subdivision (6)(A)(ii); and
(iii) an estimated levy required by
Subdivision (6)(B)(ii).
(d) Each voter information document required by Subsection
(c) must be printed:
(1) on not more than two pages that are not wider than
8-1/2 inches and not longer than 14 inches;
(2) in type not smaller than 12-point type; and
(3) in the form prescribed by the secretary of state.
(e) The governing body of the political subdivision must
make a copy of each voter information document available to each
individual attending the hearing.
(f) The secretary of state by rule shall prescribe the form
of a voter information document.
(g) The Texas Ethics Commission shall provide guidelines
for political subdivisions regarding how to conduct a hearing under
this section and how to provide additional information on the form
prescribed by the secretary of state under Subsection (f) without
violating electioneering and political advertising laws, including
Section 255.003, Election Code, and Section 11.169, Education Code.
(h) A good faith estimate or projection in a voter
information document, and a good faith assumption made to determine
the estimate or projection, of an estimate required by Subsections
(c)(6)-(8) or an estimate or projection authorized by Subsection
(c)(9) does not constitute a breach of contract with the voters
solely because the assumption, estimate, or projection is later
determined to be incorrect.
Sec. 1251.053. ONLINE SAMPLE BALLOT. The governing body of
a political subdivision that has at least 250 registered voters
shall take action to ensure that a sample of the ballot printed for
an election to authorize a political subdivision to issue bonds is
posted or submitted in a manner required by Section 1251.052(b)(2)
as soon as practicable after the official ballots have been
prepared and remains posted until the day following the election.
Sec. 1251.054. INTERNET WEBSITE. (a) This section applies
only to a political subdivision that has at least 250 registered
voters. Except as provided by Subsection (b), a political
subdivision shall maintain or cause to be maintained an Internet
website to comply with this subchapter.
(b) This subsection does not apply to a county or
municipality with a population of more than 2,000 or a school
district or a junior college district. If a political subdivision
did not maintain an Internet website or cause a website to be
maintained on January 1, 2013, the political subdivision shall post
the information required by Section 1251.052 on:
(1) the political subdivision's website, if the
political subdivision chooses to maintain the website or cause the
website to be maintained; or
(2) a website in which the political subdivision
controls the content of the posting, including a social media site,
provided that the information is easily found by searching the name
of the political subdivision on the Internet.
Sec. 1251.055. ALTERNATIVE POSTING REQUIREMENT FOR CERTAIN
WATER DISTRICTS. (a) This section applies only to a political
subdivision that has at least 250 registered voters and that is a
district as defined by Section 49.001(1), Water Code.
(b) Notwithstanding any other provision of this subchapter,
a political subdivision that is required by this subchapter to post
information on a website may satisfy the posting requirement as
provided by Subsection (c).
(c) A political subdivision may:
(1) post the information required by this subchapter
on a website authorized by Section 1251.054; or
(2) electronically submit the information to the
executive director of the Texas Commission on Environmental Quality
to be posted on the commission's Internet website on a web page
dedicated to the political subdivision, provided that the web page:
(A) is easily located by searching the name of
the political subdivision on the Internet; or
(B) is linked or automatically opened from a web
address maintained or caused to be maintained by the political
subdivision that is easily located by searching the name of the
political subdivision on the Internet.
(d) A website described by Subsection (c)(2) or Section
1251.054(b)(2), and a web address described by Subsection
(c)(2)(B), are not websites maintained by a political subdivision
for the purpose of other law.
Sec. 1251.0555. TEMPORARY PROVISION: EFFECTIVE DATE OF
CERTAIN PROVISIONS RELATING TO CERTAIN WATER DISTRICTS. (a) This
section applies only to a political subdivision that is a district
as defined by Section 49.001(1), Water Code.
(b) A requirement in this subchapter that a political
subdivision post on a website or electronically submit to the
executive director of the Texas Commission on Environmental Quality
a notice, voter information document, or ballot applies to an
election called by the governing body of a political subdivision on
or after September 1, 2014.
(c) This section expires September 1, 2015.
Sec. 1251.056. ALTERNATIVE POSTING REQUIREMENT FOR SMALL
COUNTIES AND MUNICIPALITIES. (a) This section applies only to:
(1) a county with a population of 10,200 or less; and
(2) a municipality with a population of 5,000 or less.
(b) Notwithstanding any other provision of this subchapter,
a county or municipality that is required by this subchapter to post
information on a website may satisfy the posting requirement as
provided by Subsection (c).
(c) A county or municipality may electronically submit
information required by this subchapter to be posted on a website to
the comptroller to be posted on the comptroller's Internet website,
provided that the web page on which the information may be viewed:
(1) is easily located by searching the name of the
county or municipality on the Internet; or
(2) is linked or automatically opened from a web
address maintained or caused to be maintained by the county or
municipality that is easily located by searching the name of the
county or municipality on the Internet.
(d) A website or web address described by Subsection (c) is
not a website maintained by a county or municipality for the purpose
of other law.
SECTION 14. 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
statement 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 or
cause to be maintained an Internet website to comply with this
section.
SECTION 15. 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) "Comparable financial report" means the most
recent financial report, financial statement, audit, exhibit, or
other comparable report that a county or municipality is required
by other law to prepare, provided that the report includes the
information required by Subsection (c).
(2) "Debt obligation" means an issued public security,
as defined by Section 1201.002, Government Code, secured by
property taxes.
(3) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
(b) This section does not apply to a district as defined by
Section 49.001(1), Water Code.
(c) Except as provided by Subsections (d) and (e), 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;
(B) the total disbursements of the fund;
(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;
(2) as of the last day of the preceding fiscal year,
the following information for the political subdivision expressed
as a total amount and, if the political subdivision is a
municipality, county, or school district, as a per capita amount:
(A) the amount of all authorized debt
obligations;
(B) the principal of all outstanding debt
obligations;
(C) the principal of each outstanding debt
obligation;
(D) the combined principal and interest required
to pay all outstanding debt obligations on time and in full; and
(E) the combined principal and interest required
to pay each outstanding debt obligation on time and in full;
(3) as of the last day of the preceding fiscal year,
the following for each debt obligation:
(A) the issued and unissued amount; and
(B) the spent and unspent amount;
(4) the maturity date for each debt obligation;
(5) the stated purpose for which each debt obligation
was authorized; and
(6) any other information that the political
subdivision considers relevant or necessary to explain the values
required by Subdivision (2), including:
(A) an amount stated as a per capita amount if the
political subdivision is not required to provide the amount under
Subdivision (2);
(B) an explanation of the payment sources for the
different types of debt; and
(C) a projected per capita amount of an amount
required by Subdivision (2), as of the last day of the maximum term
of the most recent debt obligation issued by the political
subdivision.
(d) Instead of replicating in the annual financial report
information required by Subsection (c) that is posted separately on
the political subdivision's Internet website, or on a website as
authorized by Subsection (h)(2), the political subdivision may
provide in the report a direct link to, or a clear statement
describing the location of, the separately posted information.
(e) As an alternative to preparing an annual financial
report, a political subdivision may provide to the comptroller the
information described by Subsection (c) and any other related
information required by the comptroller in the form and in the
manner prescribed by the comptroller. The comptroller shall post
the information on the comptroller's Internet website in the format
that the comptroller determines is appropriate. The political
subdivision shall provide a link from the political subdivision's
website, or a website as authorized by Subsection (h)(2), to the
location on the comptroller's website where the political
subdivision's financial information may be viewed. The comptroller
shall adopt rules necessary to implement this subsection.
(f) Except as provided by Subsection (e), the governing body
of a political subdivision shall take action to ensure that:
(1) the political subdivision's annual financial
report is:
(A) made available for inspection by any person;
and
(B) if the political subdivision has at least 250
registered voters:
(i) posted continuously on the political
subdivision's Internet website until the political subdivision
posts the next annual financial report; or
(ii) posted continuously on a website as
authorized by Subsection (h)(2) until the political subdivision
posts the next annual financial report; and
(2) if the political subdivision has at least 250
registered voters, 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.
(g) This subsection applies only to a political subdivision
that has at least 250 registered voters. Except as provided by
Subsection (h), a political subdivision shall maintain or cause to
be maintained an Internet website to comply with this section.
(h) This subsection applies only to a political subdivision
that has at least 250 registered voters. This subsection does not
apply to a county or municipality with a population of more than
2,000 or a school district or a junior college district. If a
political subdivision did not maintain an Internet website or cause
a website to be maintained on January 1, 2013, the political
subdivision shall post the information required by this section on:
(1) the political subdivision's website, if the
political subdivision chooses to maintain the website or cause the
website to be maintained; or
(2) a website in which the political subdivision
controls the content of the posting, including a social media site,
provided that the information is easily found by searching the name
of the political subdivision on the Internet.
(i) Notwithstanding any other provision of this section, a
county or municipality required to prepare an annual financial
report under this section and post information described by
Subsection (c) on an Internet website may satisfy those
requirements by:
(1) posting the comparable financial report of the
county or municipality, as applicable, on:
(A) the website of the county or municipality, as
applicable; or
(B) a website as authorized by Subsection (h)(2);
or
(2) electronically submitting the comparable
financial report of the county or municipality, as applicable, to
the comptroller to be posted on the comptroller's website, provided
that the web page on which the document may be viewed:
(A) is easily located by searching the name of
the county or municipality on the Internet; or
(B) is linked or automatically opened from a web
address maintained or caused to be maintained by the county or
municipality that is easily located by searching the name of the
county or municipality on the Internet.
(j) A website or web address described by Subsection
(i)(1)(B) or (i)(2) is not a website maintained by a political
subdivision for the purpose of other law.
SECTION 16. Section 271.047, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) Except as provided by this subsection, the governing
body of an issuer may not authorize a certificate to pay a
contractual obligation to be incurred if a bond proposition to
authorize the issuance of bonds for the same purpose was submitted
to the voters during the preceding three years and failed to be
approved. A governing body may authorize a certificate that the
governing body is otherwise prohibited from authorizing under this
subsection:
(1) in a case described by Sections 271.056(1)-(3);
and
(2) to comply with a state or federal law, rule, or
regulation if the political subdivision has been officially
notified of noncompliance with the law, rule, or regulation.
SECTION 17. Section 271.049, Local Government Code, is
amended by amending Subsections (a), (b), and (d) and adding
Subsections (e), (f), and (g) to read as follows:
(a) Regardless of the sources of payment of certificates,
certificates may not be issued unless the issuer publishes notice
of its intention to issue the certificates. The notice must be
published:
(1) once a week for two consecutive weeks in a
newspaper, as defined by Subchapter C, Chapter 2051, Government
Code, that is of general circulation in the area of the issuer, with
the date of the first publication to be before the 30th day before
the date tentatively set for the passage of the order or ordinance
authorizing the issuance of the certificates; and
(2) continuously on the issuer's Internet website, or
on a website as authorized by Subsection (f)(2), for at least 30
days before the date tentatively set for the passage of the order or
ordinance authorizing the issuance of the certificates and until
the first day after the date the issuer adopts the order or
ordinance.
(b) The notice must state:
(1) the time and place tentatively set for the passage
of the order or ordinance authorizing the issuance of the
certificates;
(2) the [maximum amount and] purpose of the
certificates to be authorized; [and]
(3) the manner in which the certificates will be paid
for, whether by taxes, revenues, or a combination of the two;
(4) as of the date the issuer adopts the order or
ordinance, the principal of all outstanding debt obligations of the
issuer;
(5) as of the date the issuer adopts the order or
ordinance, the estimated remaining interest of all outstanding debt
obligations of the issuer;
(6) as of the date the issuer adopts the order or
ordinance, the estimated combined principal and interest required
to pay all outstanding debt obligations of the issuer on time and in
full;
(7) the maximum principal of the certificates to be
authorized; and
(8) the process by which a petition may be submitted
requesting an election on the issuance of the certificates, in the
following form:
"Five percent of the qualified voters of (name of issuer) may
petition to require an election to be held authorizing the issuance
of certificates of obligation by delivering a signed petition to
the (insert "secretary or clerk" if the issuer is a municipality, or
"county clerk" if the issuer is a county) of (name of issuer)
before the date the governing body has set for the authorization of
the certificates of obligation. Information about the requirements
of the petition may be obtained from the (insert "secretary or
clerk" if the issuer is a municipality, or "county clerk" if the
issuer is a county) of (name of issuer)."[.]
(d) This section does not apply to certificates issued for
the purposes described by Sections 271.056(1)-(3)
[271.056(1)-(4)].
(e) Except as provided by Subsection (f), an issuer shall
maintain or cause to be maintained an Internet website to comply
with this section.
(f) This subsection does not apply to a county or
municipality with a population of more than 2,000. If an issuer did
not maintain an Internet website or cause a website to be maintained
on January 1, 2013, the issuer shall post the information required
by Subsection (b) on:
(1) the issuer's website, if the issuer chooses to
maintain the website or cause the website to be maintained; or
(2) a website in which the issuer controls the content
of the posting, including a social media site, provided that the
information is easily found by searching the name of the issuer on
the Internet.
(g) In this section, "debt obligation" means an issued
public security, as defined by Section 1201.002, Government Code,
secured by property taxes.
SECTION 18. Subtitle C, Title 12, Local Government Code, is
amended by adding Chapter 399 to read as follows:
CHAPTER 399. COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS
Sec. 399.001. DEFINITION. In this chapter, "special
district" means a political subdivision of this state that has a
limited geographic area, is created by local law or under general
law for a special purpose, and is authorized to impose a tax,
assessment, or fee. The term does not include:
(1) a school district;
(2) a junior college district; or
(3) a political subdivision that receives financial
assistance through the state water implementation fund created by
the 83rd Legislature, Regular Session, 2013.
Sec. 399.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least
once every six years, the governing body of a special district that
has outstanding debt or imposes a tax, assessment, or fee shall
conduct a comprehensive review of the district under this chapter.
(b) The governing body of a special district that issues
debt or imposes a tax, assessment, or fee for the first time on or
after September 1, 2013, shall conduct the first comprehensive
review not later than the third anniversary of the date the
governing body issues the debt or imposes the tax, assessment, or
fee.
Sec. 399.003. COMPREHENSIVE SELF-EVALUATION REPORT.
(a) After conducting the review, the governing body must prepare a
written self-evaluation report not later than the 30th day before
the date of the public hearing required by Section 399.005.
(b) Except as provided by Subsection (c), the
self-evaluation report must include:
(1) an identification of the statutory provision
authorizing the creation of the special district;
(2) an identification of the purpose of the special
district and an assessment of the extent to which the purpose has
been achieved, has not been achieved, or is continuing to be
achieved;
(3) an identification of the improvements and services
provided by the special district and whether those improvements and
services are provided by other governmental entities;
(4) a general description of any penalty and
identification of each tax, assessment, or fee that the special
district imposes or collects or has imposed or collected;
(5) a statement of the amount of revenue collected by
the special district in each of the preceding six fiscal years, and
an assessment of whether the amount is sufficient, is insufficient,
or exceeds the amount needed to accomplish the purpose of the
district; and
(6) an identification of the special district's
financial liabilities, including bonds and other obligations.
(c) Instead of replicating in the self-evaluation report
information required by Subsection (b) that is posted separately on
the special district's Internet website, or on a website as
authorized by Section 399.006(b)(2) or 399.007(c)(2), the district
may provide in the report a direct link to, or a clear statement
describing the location of, the separately posted information.
(d) The special district must make the self-evaluation
report available for inspection in the manner provided by Chapter
552, Government Code.
(e) Except as provided by Subsection (f), a special district
that has at least 250 registered voters must ensure that the
self-evaluation report is posted continuously on the district's
Internet website, or on a website as authorized by Section
399.006(b)(2), beginning not later than the 30th day before the
date of the public hearing required by Section 399.005 and until the
first anniversary of the date the public hearing is held.
(f) A special district that has at least 250 registered
voters and that is a district as defined by Section 49.001(1), Water
Code, shall:
(1) post the self-evaluation in the manner provided by
Subsection (e); or
(2) electronically submit the report to the executive
director of the Texas Commission on Environmental Quality not later
than the 30th day before the date of the public hearing required by
Section 399.005.
(g) The executive director of the Texas Commission on
Environmental Quality shall, as soon as practicable, post a
self-evaluation report submitted under Subsection (f)(2)
continuously on the commission's Internet website until the first
anniversary of the date the public hearing required by Section
399.005 is held.
Sec. 399.004. NOTICE OF HEARING. (a) The special district
must provide notice of the public hearing required by Section
399.005 not earlier than the 30th day or later than the 15th day
before the date of the hearing. The district must:
(1) publish the notice in at least one newspaper of
general circulation in the county in which the district is located;
and
(2) if the district has at least 250 registered
voters:
(A) post the notice until the conclusion of the
hearing on:
(i) the district's Internet website; or
(ii) a website as authorized by Section
399.006(b)(2); or
(B) electronically submit the notice as
authorized by Section 399.007(c)(2) to be posted until the
conclusion of the hearing.
(b) The notice must contain a statement in the following
form:
"NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE
SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT)
"The (insert name of the district) was created in (insert
year) to (insert purpose for district's creation). The district
imposes a (insert type and rate of tax, type of assessment, rate or
amount of assessment, and a general description of fees, as
appropriate). State law requires the district to hold a hearing at
least every six years to consider the district's comprehensive
self-evaluation report. The hearing will be held on (insert date)
at (insert time) at (insert location). A copy of the district's
comprehensive self-evaluation report is available at (insert the
physical address of the district's main office, or the physical
address of the main office of another local political subdivision
if the district does not maintain an office, and the website address
where the comprehensive self-evaluation report is posted if it is
required to be posted on a website)."
Sec. 399.005. PUBLIC HEARING. (a) The governing body of a
special district must conduct a public hearing at which persons
interested in the self-evaluation report are given the opportunity
to be heard.
(b) Not later than the 10th day after the date the governing
body of a special district that has at least 250 registered voters
adopts the minutes for the public hearing, the district must post or
submit the following in a manner required by Section 399.004(a)(2):
(1) the minutes of the hearing;
(2) the estimated number of members of the public in
attendance at the hearing; and
(3) the number of witnesses testifying at the hearing.
Sec. 399.006. INTERNET WEBSITE. (a) This section applies
only to a special district that has at least 250 registered voters.
Except as provided by Subsection (b), a special district shall
maintain or cause to be maintained an Internet website to comply
with this chapter.
(b) If a special district did not maintain an Internet
website or cause a website to be maintained on January 1, 2013, the
special district shall post the information required by this
chapter on:
(1) the special district's website, if the special
district chooses to maintain the website or cause the website to be
maintained; or
(2) a website in which the special district controls
the content of the posting, including a social media site, provided
that the information is easily found by searching the name of the
special district on the Internet.
Sec. 399.007. ALTERNATIVE POSTING REQUIREMENT FOR CERTAIN
WATER DISTRICTS. (a) This section applies only to a special
district that has at least 250 registered voters and that is a
district as defined by Section 49.001(1), Water Code.
(b) Notwithstanding any other provision of this chapter, a
special district that is required by this chapter to post
information on a website may satisfy the posting requirement as
provided by Subsection (c).
(c) A special district may:
(1) post the information required by this chapter on a
website authorized by Section 399.006; or
(2) electronically submit the information to the
executive director of the Texas Commission on Environmental Quality
to be posted on the commission's Internet website on a web page
dedicated to the district, provided that the web page:
(A) is easily located by searching the name of
the district on the Internet; or
(B) is linked or automatically opened from a web
address maintained or caused to be maintained by the district that
is easily located by searching the name of the district on the
Internet.
(d) A website described by Subsection (c)(2) or Section
399.006(b)(2), and a web address described by Subsection (c)(2)(B),
are not websites maintained by a special district for the purpose of
other law.
Sec. 399.0075. TEMPORARY PROVISION: EFFECTIVE DATE OF
CERTAIN PROVISIONS RELATING TO CERTAIN WATER DISTRICTS. (a) This
section applies only to a special district that is a district as
defined by Section 49.001(1), Water Code.
(b) A requirement in this chapter that a special district
post information on a website or electronically submit information
to the executive director of the Texas Commission on Environmental
Quality applies beginning on September 1, 2014.
(c) This section expires September 1, 2015.
SECTION 19. 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 THE [COUNTY'S] INTERNET [WEBSITE].
SECTION 20. Section 26.16, Tax Code, is amended by amending
Subsections (a), (b), and (e) and adding Subsections (f) and (g) to
read as follows:
(a) Except as provided by Subsection (g), the [The] county
assessor-collector for each county, including those that do not
participate in the assessment or collection of property taxes,
shall maintain or cause to be maintained [that maintains] an
Internet website. The county assessor-collector shall post on the
assessor-collector's website or on the website of the county or
shall provide on at least one of those websites a link to the
location on the comptroller's website where may be viewed 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
taxing 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].
(g) If a county assessor-collector or the county served by
the assessor-collector did not maintain or cause to be maintained
an Internet website on January 1, 2013, and the county has a
population of 2,000 or less, the assessor-collector shall:
(1) post the information required by Subsection (a)
on:
(A) the assessor-collector's or county's
website, if the assessor-collector or county chooses to maintain
the website or cause the website to be maintained; or
(B) a website in which the assessor-collector or
county controls the content of the posting, including a social
media site, provided that the information is easily found by
searching the name of the county or the assessor-collector on the
Internet; or
(2) provide on at least one website a link to the
information on the comptroller's website, provided that the link is
easily found by searching the name of the county or the
assessor-collector on the Internet.
SECTION 21. Section 49.192, Water Code, is amended to read
as follows:
Sec. 49.192. FORM OF AUDIT; ANNUAL FINANCIAL REPORT. The
executive director shall adopt accounting and auditing manuals and,
except as otherwise provided by the manuals, the district audit
shall be performed according to the generally accepted auditing
standards adopted by the American Institute of Certified Public
Accountants. The commission shall require an audit or an annual
financial report under Section 49.198 to include the information
required by Section 140.008(c), Local Government Code. Financial
statements shall be prepared in accordance with generally accepted
accounting principles as adopted by the American Institute of
Certified Public Accountants.
SECTION 22. Subchapter G, Chapter 49, Water Code, is
amended by adding Section 49.201 to read as follows:
Sec. 49.201. DISTRICT DOCUMENTS ON COMMISSION WEBSITE.
(a) The executive director shall establish and maintain a separate
dedicated web page on the commission's Internet website for each
district that submits information described by Subsection (b).
(b) The executive director shall post the following
information as soon as practicable on the dedicated web page of the
applicable district:
(1) each audit, financial dormancy affidavit, or
annual financial report filed under this subchapter; and
(2) each notice or other document electronically
submitted to the executive director by a district as required or
authorized by:
(A) Subchapter B, Chapter 1251, Government Code;
and
(B) Chapter 399, Local Government Code.
(b-1) A requirement that the executive director post
information filed or submitted as described by Subsection (b)
applies to the executive director beginning on September 1, 2014.
This subsection expires September 1, 2015.
(c) The executive director may adopt rules necessary to
implement this section.
SECTION 23. Section 140.006, Local Government Code, is
repealed.
SECTION 24. (a) Section 46.101, Education Code, as added
by this Act, applies to a school district or open-enrollment
charter school beginning on the effective date of rules adopted by
the commissioner of education under Subsection (b), Section 46.101,
Education Code, as added by this Act.
(b) Section 1251.052, Government Code, as added by this Act,
applies only to a bond election ordered on or after January 1, 2014.
A bond election ordered before January 1, 2014, is governed by the
law in effect when the bond election was ordered, and the former law
is continued in effect for that purpose.
(c) Not later than January 1, 2014, the secretary of state
shall make available on the secretary of state's Internet website a
form of the voter information document described by Subsection (c),
Section 1251.052, Government Code, as added by this Act.
(d) Not later than January 1, 2014, the Texas Ethics
Commission shall make available on the Texas Ethics Commission's
Internet website the guidelines required by Subsection (g), Section
1251.052, Government Code, as added by this Act.
(e) 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.
(f) 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.
(g) The changes in law made by this Act to Section 271.049,
Local Government Code, apply only to a certificate of obligation
for which the first notice of intention to issue the certificate is
made on or after the effective date of this Act. A certificate of
obligation for which the first notice of intention to issue the
certificate is made before the effective date of this Act is
governed by the law in effect when the notice of intention is made,
and the former law is continued in effect for that purpose.
(h) Not later than September 1, 2014, the governing body of
a special district to which Section 399.002, Local Government Code,
as added by this Act, applies that has issued debt or imposed a tax,
assessment, or fee before the effective date of this Act must
prepare a self-evaluation report as required by Subsection (a),
Section 399.003, Local Government Code, as added by this Act, for
the first comprehensive review cycle.
(i) Not later than March 1, 2014, the Texas Commission on
Environmental Quality shall update the accounting and auditing
manuals required by Section 49.192, Water Code, as amended by this
Act, to include the information required by Subsection (c), Section
140.008, Local Government Code, as added by this Act.
(j) Not later than March 1, 2014, the executive director of
the Texas Commission on Environmental Quality shall adopt the rules
necessary to implement Section 49.201, Water Code, as added by this
Act.
SECTION 25. This Act takes effect September 1, 2013.