1 | 1 | | By: Williams, et al. S.B. No. 14 |
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2 | 2 | | (Pitts, Murphy, Cook, Crownover, Turner of Collin) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the fiscal transparency and accountability of certain |
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8 | 8 | | entities responsible for public money. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 46, Education Code, is amended by adding |
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11 | 11 | | Subchapter D to read as follows: |
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12 | 12 | | SUBCHAPTER D. PUBLIC INFORMATION REGARDING FACILITIES |
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13 | 13 | | Sec. 46.101. AVAILABILITY OF INFORMATION REGARDING |
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14 | 14 | | FACILITIES. (a) For the purpose of providing information to the |
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15 | 15 | | public regarding district or school facilities usage and taxpayer |
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16 | 16 | | value, a school district or open-enrollment charter school shall: |
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17 | 17 | | (1) report data elements specified by commissioner |
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18 | 18 | | rule to the agency through the Texas Student Data System (TSDS) or a |
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19 | 19 | | successor data management system maintained by the agency; and |
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20 | 20 | | (2) provide a direct link on the district's or school's |
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21 | 21 | | Internet website to the Texas Student Data System (TSDS) or a |
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22 | 22 | | successor data management system maintained by the agency through |
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23 | 23 | | which the facilities information relevant to the specific district |
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24 | 24 | | or school may be readily accessed. |
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25 | 25 | | (b) The commissioner shall adopt rules necessary to |
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26 | 26 | | implement this section, including rules ensuring that the Texas |
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27 | 27 | | Student Data System (TSDS) or a successor data management system |
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28 | 28 | | maintained by the agency includes appropriate data elements |
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29 | 29 | | regarding school facilities usage and taxpayer value. |
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30 | 30 | | (c) The commissioner shall adopt rules for purposes of |
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31 | 31 | | Subsection (b) based on the recommendations of the Taxpayer Value |
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32 | 32 | | and School Facilities Usage Advisory Committee established under |
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33 | 33 | | Section 46.102. This subsection expires September 1, 2017. |
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34 | 34 | | Sec. 46.102. TAXPAYER VALUE AND SCHOOL FACILITIES USAGE |
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35 | 35 | | ADVISORY COMMITTEE. (a) The Taxpayer Value and School Facilities |
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36 | 36 | | Usage Advisory Committee is established to serve the function |
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37 | 37 | | specified by this section. |
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38 | 38 | | (b) The committee consists of: |
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39 | 39 | | (1) the commissioner and the comptroller, who serve as |
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40 | 40 | | co-chairs of the committee; and |
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41 | 41 | | (2) the following persons, appointed jointly by the |
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42 | 42 | | commissioner and comptroller from lists of persons recommended by |
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43 | 43 | | the lieutenant governor and speaker of the house of |
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44 | 44 | | representatives: |
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45 | 45 | | (A) a current school board member; |
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46 | 46 | | (B) a current school district administrator; |
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47 | 47 | | (C) a current public school teacher; |
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48 | 48 | | (D) a parent of a student currently enrolled in a |
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49 | 49 | | public school; |
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50 | 50 | | (E) a representative of the school construction |
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51 | 51 | | industry, who may be an engineer, architect, or contractor; |
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52 | 52 | | (F) a representative of the construction |
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53 | 53 | | industry who does not work on school construction, who may be an |
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54 | 54 | | engineer, architect, or contractor; and |
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55 | 55 | | (G) a member of the public. |
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56 | 56 | | (c) The lieutenant governor and speaker of the house of |
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57 | 57 | | representatives shall submit to the commissioner and comptroller |
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58 | 58 | | lists of persons recommended for appointment to the committee not |
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59 | 59 | | later than October 15, 2013. The lists must include recommended |
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60 | 60 | | persons for each position described in Subsections (b)(2)(A)-(G). |
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61 | 61 | | The commissioner and comptroller shall make the appointments |
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62 | 62 | | required by Subsection (b) not later than December 1, 2013. |
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63 | 63 | | (d) The committee shall meet to develop recommendations |
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64 | 64 | | regarding the data that should be considered in evaluating a school |
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65 | 65 | | district's or open-enrollment charter school's facility usage and |
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66 | 66 | | taxpayer value with regard to school facility construction and |
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67 | 67 | | renovation. The committee shall hold its initial meeting as soon as |
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68 | 68 | | possible after the committee members are selected, but not later |
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69 | 69 | | than January 15, 2014. |
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70 | 70 | | (e) Not later than December 31, 2014, the committee shall |
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71 | 71 | | develop its final recommendations and submit a report to the |
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72 | 72 | | governor, lieutenant governor, and speaker of the house of |
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73 | 73 | | representatives. The committee shall also make the report |
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74 | 74 | | available electronically to members of the legislature. |
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75 | 75 | | (f) Based on the recommendations developed by the |
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76 | 76 | | committee, the commissioner shall: |
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77 | 77 | | (1) ensure that the Texas Student Data System (TSDS) |
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78 | 78 | | or a successor data management system maintained by the agency |
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79 | 79 | | includes appropriate data elements regarding school facilities; |
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80 | 80 | | and |
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81 | 81 | | (2) adopt rules for purposes of Section 46.101. |
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82 | 82 | | (g) A committee member is not entitled to reimbursement of |
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83 | 83 | | expenses or to compensation. |
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84 | 84 | | (h) Chapter 2110, Government Code, does not apply to the |
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85 | 85 | | committee. |
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86 | 86 | | (i) This section expires September 1, 2017. |
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87 | 87 | | SECTION 2. Section 51.005, Education Code, is amended to |
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88 | 88 | | read as follows: |
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89 | 89 | | Sec. 51.005. ANNUAL FINANCIAL REPORT [REPORTS]. (a) Each |
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90 | 90 | | institution of higher education shall: |
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91 | 91 | | (1) prepare a complete annual financial report as |
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92 | 92 | | prescribed by Section 2101.011, Government Code; and |
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93 | 93 | | (2) take action to ensure that the institution's most |
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94 | 94 | | recent annual financial report is posted continuously on the |
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95 | 95 | | institution's Internet website. |
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96 | 96 | | (b) Not later than November 30 of each year, each |
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97 | 97 | | institution of higher education shall take action to ensure that a |
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98 | 98 | | report showing the amount and a description of the institution's |
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99 | 99 | | outstanding debt on the last day of the preceding state fiscal year |
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100 | 100 | | is posted on the institution's Internet website. For a university |
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101 | 101 | | system, the report must show the aggregate outstanding debt for the |
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102 | 102 | | system and, to the extent that the debt is attributable to a |
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103 | 103 | | specific institution, the outstanding debt for each system |
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104 | 104 | | institution. In this subsection, "university system" has the |
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105 | 105 | | meaning assigned by Section 61.003. |
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106 | 106 | | (c) Each institution of higher education shall maintain or |
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107 | 107 | | cause to be maintained an Internet website to comply with this |
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108 | 108 | | section. |
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109 | 109 | | SECTION 3. Subchapter C, Chapter 61, Education Code, is |
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110 | 110 | | amended by adding Section 61.0621 to read as follows: |
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111 | 111 | | Sec. 61.0621. JUNIOR COLLEGE DISTRICT CONSTRUCTION COST |
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112 | 112 | | REPORTING. (a) The board shall require each junior college |
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113 | 113 | | district to report building construction costs and related |
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114 | 114 | | information to the board for the purpose of determining: |
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115 | 115 | | (1) the average cost per square foot, adjusted for |
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116 | 116 | | inflation for the region of the state in which the project is |
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117 | 117 | | located; and |
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118 | 118 | | (2) the average cost per full-time equivalent student |
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119 | 119 | | for each junior college district. |
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120 | 120 | | (b) The board, in consultation with the governing boards of |
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121 | 121 | | the state's junior college districts, shall prescribe the form, |
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122 | 122 | | manner, and times of reports required under this section. |
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123 | 123 | | (c) The board shall compile the information reported under |
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124 | 124 | | Subsection (a) for all junior college districts and periodically |
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125 | 125 | | report its findings to the districts. The board and each junior |
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126 | 126 | | college district shall take action to ensure that the board's |
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127 | 127 | | findings are posted on each respective entity's Internet website. |
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128 | 128 | | (d) The board shall adopt rules for the administration of |
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129 | 129 | | this section. |
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130 | 130 | | (e) In administering this section, the board shall attempt |
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131 | 131 | | to avoid duplicating other reporting requirements applicable to |
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132 | 132 | | junior college districts. |
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133 | 133 | | (f) Each junior college district shall maintain or cause to |
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134 | 134 | | be maintained an Internet website to comply with this section. |
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135 | 135 | | SECTION 4. Subchapter B, Chapter 403, Government Code, is |
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136 | 136 | | amended by adding Section 403.0117 to read as follows: |
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137 | 137 | | Sec. 403.0117. LOCAL TAX RATES PUBLISHED ON INTERNET. |
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138 | 138 | | (a) The comptroller shall publish on the comptroller's Internet |
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139 | 139 | | website, listed by county: |
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140 | 140 | | (1) the name of each political subdivision that |
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141 | 141 | | imposes a sales and use tax and the sales and use tax rate for the |
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142 | 142 | | political subdivision; and |
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143 | 143 | | (2) the tax rate information reported to the |
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144 | 144 | | comptroller by each county assessor-collector under Section |
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145 | 145 | | 26.16(e), Tax Code. |
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146 | 146 | | (b) The comptroller shall update the information described |
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147 | 147 | | by Subsection (a) at least annually. |
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148 | 148 | | SECTION 5. Section 1202.008, Government Code, is amended to |
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149 | 149 | | read as follows: |
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150 | 150 | | Sec. 1202.008. COLLECTION AND REPORT OF INFORMATION ON |
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151 | 151 | | LOCAL [PUBLIC] SECURITIES [OF POLITICAL SUBDIVISIONS]. (a) In |
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152 | 152 | | this section, "local security" has the meaning assigned by Section |
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153 | 153 | | 1231.001. |
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154 | 154 | | (b) In reviewing local [public] securities under this |
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155 | 155 | | chapter, the attorney general shall [may] collect, in the form |
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156 | 156 | | required by the Bond Review Board, information on each local |
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157 | 157 | | security [public securities issued by a municipal corporation or |
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158 | 158 | | political subdivision of this state]. |
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159 | 159 | | (c) [(b)] The information must include: |
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160 | 160 | | (1) the terms of each local security [the public |
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161 | 161 | | securities]; |
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162 | 162 | | (2) the debt service payable on each local security |
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163 | 163 | | [the public securities]; and |
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164 | 164 | | (3) other information required by the Bond Review |
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165 | 165 | | Board. |
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166 | 166 | | (d) [(c)] The attorney general shall send the information |
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167 | 167 | | regarding each local security to the Bond Review Board not later |
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168 | 168 | | than the fifth day before the date the attorney general approves the |
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169 | 169 | | local security under Section 1202.003 [for inclusion in the board's |
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170 | 170 | | report of debt statistics under Section 1231.062]. |
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171 | 171 | | (e) If an issuer has not provided the information required |
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172 | 172 | | by Subsection (c), the bond finance office at the Bond Review Board |
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173 | 173 | | shall notify the person listed as the contact for the issuer. The |
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174 | 174 | | notice must be in writing, describe the information that must be |
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175 | 175 | | submitted to the bond finance office, and inform the issuer that the |
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176 | 176 | | issuer will be placed on the noncompliance list if the information |
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177 | 177 | | is not provided as required by this subsection. An issuer must |
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178 | 178 | | provide the information described in the notice to the bond finance |
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179 | 179 | | office not later than the 90th day after the date the issuer |
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180 | 180 | | receives the notice. The bond finance office and the attorney |
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181 | 181 | | general shall maintain a noncompliance list of issuers that do not |
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182 | 182 | | provide the information in the manner provided by this subsection. |
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183 | 183 | | (f) The attorney general may not approve a local security |
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184 | 184 | | under Section 1202.003 submitted by an issuer that is included on |
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185 | 185 | | the noncompliance list described by Subsection (e) until the |
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186 | 186 | | attorney general receives written notification from the bond |
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187 | 187 | | finance office at the Bond Review Board that the office: |
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188 | 188 | | (1) has received the information required by |
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189 | 189 | | Subsection (c); or |
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190 | 190 | | (2) has agreed to a later date for the submission of |
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191 | 191 | | the information. |
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192 | 192 | | SECTION 6. The heading to Subtitle B, Title 9, Government |
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193 | 193 | | Code, is amended to read as follows: |
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194 | 194 | | SUBTITLE B. PROVISIONS APPLICABLE TO PUBLIC SECURITIES [ISSUED BY |
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195 | 195 | | STATE GOVERNMENT] |
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196 | 196 | | SECTION 7. Section 1231.001, Government Code, is amended by |
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197 | 197 | | adding Subdivision (4) to read as follows: |
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198 | 198 | | (4) "Local security" means a public security as |
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199 | 199 | | defined by Section 1201.002, other than a state security. |
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200 | 200 | | SECTION 8. Subchapter B, Chapter 1231, Government Code, is |
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201 | 201 | | amended by adding Section 1231.024 to read as follows: |
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202 | 202 | | Sec. 1231.024. CONTRACTS TO COLLECT INFORMATION. The board |
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203 | 203 | | may enter into one or more contracts to procure services to collect |
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204 | 204 | | and maintain information regarding the indebtedness of state |
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205 | 205 | | agencies and local governments. |
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206 | 206 | | SECTION 9. Subsection (b), Section 1231.062, Government |
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207 | 207 | | Code, is amended to read as follows: |
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208 | 208 | | (b) A report must include: |
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209 | 209 | | (1) total debt service as a percentage of total |
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210 | 210 | | expenditures; |
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211 | 211 | | (2) ad valorem tax-supported debt [service as a |
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212 | 212 | | percentage of general revenue expenditure]; |
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213 | 213 | | (3) [per capita] total revenue obligations [debt]; |
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214 | 214 | | (4) ad valorem [per capita tax-supported debt; |
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215 | 215 | | [(5) total debt and tax-supported debt as a percentage |
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216 | 216 | | of personal income; |
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217 | 217 | | [(6) total personal income per capita; |
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218 | 218 | | [(7) total debt per capita as a percentage of total |
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219 | 219 | | personal income per capita; |
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220 | 220 | | [(8) total debt and] tax-supported debt as a |
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221 | 221 | | percentage of real property valuations; |
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222 | 222 | | (5) [(9) total debt and tax-supported debt as a |
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223 | 223 | | percentage of annual revenues and expenditures; |
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224 | 224 | | [(10)] principal scheduled [required] to be repaid in |
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225 | 225 | | five years and [principal required to be repaid] in 10 years; |
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226 | 226 | | (6) [(11) growth rates of total debt per capita and |
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227 | 227 | | total debt per dollar of personal income; |
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228 | 228 | | [(12)] recent issuances [trends in the issuance] of |
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229 | 229 | | short-term notes; |
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230 | 230 | | (7) [(13)] recent trends in issuance costs; |
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231 | 231 | | (8) [(14)] savings from recent refundings; |
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232 | 232 | | (9) debt outstanding [(15) recent trends in |
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233 | 233 | | capitalized interest use; |
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234 | 234 | | [(16) debt service coverage ratios, if applicable]; |
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235 | 235 | | and |
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236 | 236 | | (10) [(17)] other information the board considers |
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237 | 237 | | relevant. |
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238 | 238 | | SECTION 10. The heading to Section 1231.102, Government |
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239 | 239 | | Code, is amended to read as follows: |
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240 | 240 | | Sec. 1231.102. STATE SECURITIES ANNUAL REPORT. |
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241 | 241 | | SECTION 11. Subchapter F, Chapter 1231, Government Code, is |
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242 | 242 | | amended by adding Sections 1231.104 and 1231.105 to read as |
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243 | 243 | | follows: |
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244 | 244 | | Sec. 1231.104. LOCAL SECURITIES ANNUAL REPORT. Not later |
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245 | 245 | | than the 180th day after the last day of each state fiscal year, the |
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246 | 246 | | bond finance office shall publish a report listing: |
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247 | 247 | | (1) the amount of local securities outstanding; |
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248 | 248 | | (2) applicable repayment schedules; and |
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249 | 249 | | (3) other information the office considers relevant. |
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250 | 250 | | Sec. 1231.105. ONLINE ANNUAL LOCAL DEBT STATISTICS REPORT. |
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251 | 251 | | Not later than the 150th day after the last day of each state fiscal |
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252 | 252 | | year, the bond finance office shall publish on the office's |
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253 | 253 | | Internet website a report that includes the statistical information |
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254 | 254 | | listed in Section 1231.062(b) for all local securities for the |
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255 | 255 | | preceding fiscal year. |
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256 | 256 | | SECTION 12. Chapter 1251, Government Code, is amended by |
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257 | 257 | | designating Sections 1251.001, 1251.002, 1251.003, 1251.004, |
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258 | 258 | | 1251.005, and 1251.006 as Subchapter A and adding a heading to |
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259 | 259 | | Subchapter A to read as follows: |
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260 | 260 | | SUBCHAPTER A. COUNTIES AND MUNICIPALITIES |
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261 | 261 | | SECTION 13. Chapter 1251, Government Code, is amended by |
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262 | 262 | | adding Subchapter B to read as follows: |
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263 | 263 | | SUBCHAPTER B. BOND MATTERS AFFECTING MORE THAN ONE TYPE OF |
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264 | 264 | | POLITICAL SUBDIVISION |
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265 | 265 | | Sec. 1251.051. DEFINITIONS. In this subchapter: |
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266 | 266 | | (1) "Debt obligation" means an issued public security, |
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267 | 267 | | as defined by Section 1201.002, secured by property taxes. |
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268 | 268 | | (2) "Political subdivision" means a county, |
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269 | 269 | | municipality, school district, junior college district, other |
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270 | 270 | | special district, or other subdivision of state government. |
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271 | 271 | | (3) "Secured self-supporting debt obligation" means a |
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272 | 272 | | debt obligation secured by property taxes but payable from revenue |
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273 | 273 | | from another source. |
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274 | 274 | | Sec. 1251.052. PUBLIC HEARING; VOTER INFORMATION DOCUMENT. |
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275 | 275 | | (a) Before a political subdivision may hold an election to |
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276 | 276 | | authorize the issuance of bonds, the governing body of the |
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277 | 277 | | political subdivision must conduct a public hearing at which |
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278 | 278 | | persons interested in the issuance of the bonds are given the |
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279 | 279 | | opportunity to be heard. The governing body must hold the hearing |
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280 | 280 | | not earlier than the day the governing body adopts the election |
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281 | 281 | | order or later than the first day before the date the period for |
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282 | 282 | | early voting by personal appearance begins for the election, as |
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283 | 283 | | determined under Section 85.001, Election Code. |
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284 | 284 | | (b) Not earlier than the 30th day or later than the 15th day |
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285 | 285 | | before the date of the hearing, the political subdivision must |
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286 | 286 | | provide the notice of the hearing and each voter information |
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287 | 287 | | document described by Subsection (c): |
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288 | 288 | | (1) by: |
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289 | 289 | | (A) publication in at least one newspaper of |
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290 | 290 | | general circulation in the county in which the political |
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291 | 291 | | subdivision is wholly or primarily located; |
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292 | 292 | | (B) inclusion in the political subdivision's |
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293 | 293 | | newsletter or circular mailed or delivered to each registered voter |
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294 | 294 | | in the political subdivision; or |
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295 | 295 | | (C) mail or hand delivery to each registered |
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296 | 296 | | voter in the political subdivision; and |
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297 | 297 | | (2) if the political subdivision has at least 250 |
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298 | 298 | | registered voters, by: |
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299 | 299 | | (A) posting the notice and each document on: |
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300 | 300 | | (i) the political subdivision's Internet |
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301 | 301 | | website; or |
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302 | 302 | | (ii) a website as authorized by Section |
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303 | 303 | | 1251.054(b)(2); or |
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304 | 304 | | (B) electronically submitting the notice and |
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305 | 305 | | each document as authorized by Section 1251.055(c)(2) or |
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306 | 306 | | 1251.056(c). |
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307 | 307 | | (c) The political subdivision must prepare a separate voter |
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308 | 308 | | information document for each proposition to be discussed at the |
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309 | 309 | | hearing. Each voter information document must distinctly state: |
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310 | 310 | | (1) the language that will appear on the ballot; |
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311 | 311 | | (2) the purpose for which the bonds are to be |
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312 | 312 | | authorized; |
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313 | 313 | | (3) that taxes sufficient to pay the annual principal |
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314 | 314 | | of and interest on the bonds may be imposed; |
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315 | 315 | | (4) the maximum rate of interest for the bonds to be |
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316 | 316 | | authorized; |
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317 | 317 | | (5) the maturity date of the bonds to be authorized or |
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318 | 318 | | that the bonds may be issued to mature over a specified number of |
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319 | 319 | | years not to exceed the maximum number of years authorized by law; |
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320 | 320 | | (6) the following information formatted as a table: |
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321 | 321 | | (A) the property tax debt rate expressed in |
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322 | 322 | | dollars per $100 valuation of all taxable property in the political |
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323 | 323 | | subdivision, stated as: |
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324 | 324 | | (i) the existing rate; |
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325 | 325 | | (ii) the estimated rate if the bonds are |
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326 | 326 | | authorized; and |
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327 | 327 | | (iii) the estimated increase in the rate if |
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328 | 328 | | the bonds are authorized; and |
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329 | 329 | | (B) the amount expressed in dollars of the |
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330 | 330 | | property tax debt levy of the political subdivision per residence |
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331 | 331 | | with a taxable value of $100,000, stated as: |
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332 | 332 | | (i) the existing levy; |
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333 | 333 | | (ii) the estimated levy if the bonds are |
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334 | 334 | | authorized; and |
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335 | 335 | | (iii) the estimated increase in the levy if |
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336 | 336 | | the bonds are authorized; |
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337 | 337 | | (7) the following information formatted as a second |
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338 | 338 | | table and stated as a total amount and, if the political subdivision |
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339 | 339 | | is a municipality, county, or school district, as a per capita |
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340 | 340 | | amount: |
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341 | 341 | | (A) the principal of the bonds to be authorized; |
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342 | 342 | | (B) the estimated interest for the bonds to be |
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343 | 343 | | authorized; |
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344 | 344 | | (C) the estimated combined principal and |
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345 | 345 | | interest required to pay on time and in full the bonds to be |
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346 | 346 | | authorized; and |
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347 | 347 | | (D) as of the date the political subdivision |
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348 | 348 | | adopts the bond election order: |
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349 | 349 | | (i) the principal of all outstanding debt |
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350 | 350 | | obligations of the political subdivision secured by and payable |
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351 | 351 | | from property taxes; |
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352 | 352 | | (ii) the estimated remaining interest of |
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353 | 353 | | all outstanding debt obligations of the political subdivision |
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354 | 354 | | secured by and payable from property taxes; and |
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355 | 355 | | (iii) the estimated combined principal and |
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356 | 356 | | interest required to pay on time and in full all outstanding debt |
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357 | 357 | | obligations of the political subdivision secured by and payable |
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358 | 358 | | from property taxes; |
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359 | 359 | | (8) the following information as of the date the |
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360 | 360 | | political subdivision adopts the bond election order, formatted as |
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361 | 361 | | a third table: |
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362 | 362 | | (A) the principal of all outstanding secured |
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363 | 363 | | self-supporting debt obligations of the political subdivision; |
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364 | 364 | | (B) the estimated remaining interest of all |
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365 | 365 | | outstanding secured self-supporting debt obligations of the |
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366 | 366 | | political subdivision; and |
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367 | 367 | | (C) the estimated combined principal and |
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368 | 368 | | interest required to pay on time and in full all outstanding secured |
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369 | 369 | | self-supporting debt obligations of the political subdivision; and |
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370 | 370 | | (9) any other information that the political |
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371 | 371 | | subdivision considers relevant or necessary to explain the values |
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372 | 372 | | required by Subdivisions (4)-(8), including: |
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373 | 373 | | (A) an amount required by Subdivision (7) stated |
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374 | 374 | | as a per capita amount if the political subdivision is not required |
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375 | 375 | | to provide the amount under Subdivision (7); |
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376 | 376 | | (B) an explanation of the payment sources for the |
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377 | 377 | | different types of debt; and |
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378 | 378 | | (C) a value for the following expressed as a good |
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379 | 379 | | faith projection as of the last day of the maximum term of the bonds |
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380 | 380 | | to be authorized: |
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381 | 381 | | (i) a per capita amount required by |
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382 | 382 | | Subdivision (7); |
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383 | 383 | | (ii) an estimated rate required by |
---|
384 | 384 | | Subdivision (6)(A)(ii); and |
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385 | 385 | | (iii) an estimated levy required by |
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386 | 386 | | Subdivision (6)(B)(ii). |
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387 | 387 | | (d) Each voter information document required by Subsection |
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388 | 388 | | (c) must be printed: |
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389 | 389 | | (1) on not more than two pages that are not wider than |
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390 | 390 | | 8-1/2 inches and not longer than 14 inches; |
---|
391 | 391 | | (2) in type not smaller than 12-point type; and |
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392 | 392 | | (3) in the form prescribed by the secretary of state. |
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393 | 393 | | (e) The governing body of the political subdivision must |
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394 | 394 | | make a copy of each voter information document available to each |
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395 | 395 | | individual attending the hearing. |
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396 | 396 | | (f) The secretary of state by rule shall prescribe the form |
---|
397 | 397 | | of a voter information document. |
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398 | 398 | | (g) The Texas Ethics Commission shall provide guidelines |
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399 | 399 | | for political subdivisions regarding how to conduct a hearing under |
---|
400 | 400 | | this section and how to provide additional information on the form |
---|
401 | 401 | | prescribed by the secretary of state under Subsection (f) without |
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402 | 402 | | violating electioneering and political advertising laws, including |
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403 | 403 | | Section 255.003, Election Code, and Section 11.169, Education Code. |
---|
404 | 404 | | (h) A good faith estimate or projection in a voter |
---|
405 | 405 | | information document, and a good faith assumption made to determine |
---|
406 | 406 | | the estimate or projection, of an estimate required by Subsections |
---|
407 | 407 | | (c)(6)-(8) or an estimate or projection authorized by Subsection |
---|
408 | 408 | | (c)(9) does not constitute a breach of contract with the voters |
---|
409 | 409 | | solely because the assumption, estimate, or projection is later |
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410 | 410 | | determined to be incorrect. |
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411 | 411 | | Sec. 1251.053. ONLINE SAMPLE BALLOT. The governing body of |
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412 | 412 | | a political subdivision that has at least 250 registered voters |
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413 | 413 | | shall take action to ensure that a sample of the ballot printed for |
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414 | 414 | | an election to authorize a political subdivision to issue bonds is |
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415 | 415 | | posted or submitted in a manner required by Section 1251.052(b)(2) |
---|
416 | 416 | | as soon as practicable after the official ballots have been |
---|
417 | 417 | | prepared and remains posted until the day following the election. |
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418 | 418 | | Sec. 1251.054. INTERNET WEBSITE. (a) This section applies |
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419 | 419 | | only to a political subdivision that has at least 250 registered |
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420 | 420 | | voters. Except as provided by Subsection (b), a political |
---|
421 | 421 | | subdivision shall maintain or cause to be maintained an Internet |
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422 | 422 | | website to comply with this subchapter. |
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423 | 423 | | (b) This subsection does not apply to a county or |
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424 | 424 | | municipality with a population of more than 2,000 or a school |
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425 | 425 | | district or a junior college district. If a political subdivision |
---|
426 | 426 | | did not maintain an Internet website or cause a website to be |
---|
427 | 427 | | maintained on January 1, 2013, the political subdivision shall post |
---|
428 | 428 | | the information required by Section 1251.052 on: |
---|
429 | 429 | | (1) the political subdivision's website, if the |
---|
430 | 430 | | political subdivision chooses to maintain the website or cause the |
---|
431 | 431 | | website to be maintained; or |
---|
432 | 432 | | (2) a website in which the political subdivision |
---|
433 | 433 | | controls the content of the posting, including a social media site, |
---|
434 | 434 | | provided that the information is easily found by searching the name |
---|
435 | 435 | | of the political subdivision on the Internet. |
---|
436 | 436 | | Sec. 1251.055. ALTERNATIVE POSTING REQUIREMENT FOR CERTAIN |
---|
437 | 437 | | WATER DISTRICTS. (a) This section applies only to a political |
---|
438 | 438 | | subdivision that has at least 250 registered voters and that is a |
---|
439 | 439 | | district as defined by Section 49.001(1), Water Code. |
---|
440 | 440 | | (b) Notwithstanding any other provision of this subchapter, |
---|
441 | 441 | | a political subdivision that is required by this subchapter to post |
---|
442 | 442 | | information on a website may satisfy the posting requirement as |
---|
443 | 443 | | provided by Subsection (c). |
---|
444 | 444 | | (c) A political subdivision may: |
---|
445 | 445 | | (1) post the information required by this subchapter |
---|
446 | 446 | | on a website authorized by Section 1251.054; or |
---|
447 | 447 | | (2) electronically submit the information to the |
---|
448 | 448 | | executive director of the Texas Commission on Environmental Quality |
---|
449 | 449 | | to be posted on the commission's Internet website on a web page |
---|
450 | 450 | | dedicated to the political subdivision, provided that the web page: |
---|
451 | 451 | | (A) is easily located by searching the name of |
---|
452 | 452 | | the political subdivision on the Internet; or |
---|
453 | 453 | | (B) is linked or automatically opened from a web |
---|
454 | 454 | | address maintained or caused to be maintained by the political |
---|
455 | 455 | | subdivision that is easily located by searching the name of the |
---|
456 | 456 | | political subdivision on the Internet. |
---|
457 | 457 | | (d) A website described by Subsection (c)(2) or Section |
---|
458 | 458 | | 1251.054(b)(2), and a web address described by Subsection |
---|
459 | 459 | | (c)(2)(B), are not websites maintained by a political subdivision |
---|
460 | 460 | | for the purpose of other law. |
---|
461 | 461 | | Sec. 1251.0555. TEMPORARY PROVISION: EFFECTIVE DATE OF |
---|
462 | 462 | | CERTAIN PROVISIONS RELATING TO CERTAIN WATER DISTRICTS. (a) This |
---|
463 | 463 | | section applies only to a political subdivision that is a district |
---|
464 | 464 | | as defined by Section 49.001(1), Water Code. |
---|
465 | 465 | | (b) A requirement in this subchapter that a political |
---|
466 | 466 | | subdivision post on a website or electronically submit to the |
---|
467 | 467 | | executive director of the Texas Commission on Environmental Quality |
---|
468 | 468 | | a notice, voter information document, or ballot applies to an |
---|
469 | 469 | | election called by the governing body of a political subdivision on |
---|
470 | 470 | | or after September 1, 2014. |
---|
471 | 471 | | (c) This section expires September 1, 2015. |
---|
472 | 472 | | Sec. 1251.056. ALTERNATIVE POSTING REQUIREMENT FOR SMALL |
---|
473 | 473 | | COUNTIES AND MUNICIPALITIES. (a) This section applies only to: |
---|
474 | 474 | | (1) a county with a population of 10,200 or less; and |
---|
475 | 475 | | (2) a municipality with a population of 5,000 or less. |
---|
476 | 476 | | (b) Notwithstanding any other provision of this subchapter, |
---|
477 | 477 | | a county or municipality that is required by this subchapter to post |
---|
478 | 478 | | information on a website may satisfy the posting requirement as |
---|
479 | 479 | | provided by Subsection (c). |
---|
480 | 480 | | (c) A county or municipality may electronically submit |
---|
481 | 481 | | information required by this subchapter to be posted on a website to |
---|
482 | 482 | | the comptroller to be posted on the comptroller's Internet website, |
---|
483 | 483 | | provided that the web page on which the information may be viewed: |
---|
484 | 484 | | (1) is easily located by searching the name of the |
---|
485 | 485 | | county or municipality on the Internet; or |
---|
486 | 486 | | (2) is linked or automatically opened from a web |
---|
487 | 487 | | address maintained or caused to be maintained by the county or |
---|
488 | 488 | | municipality that is easily located by searching the name of the |
---|
489 | 489 | | county or municipality on the Internet. |
---|
490 | 490 | | (d) A website or web address described by Subsection (c) is |
---|
491 | 491 | | not a website maintained by a county or municipality for the purpose |
---|
492 | 492 | | of other law. |
---|
493 | 493 | | SECTION 14. Section 140.005, Local Government Code, is |
---|
494 | 494 | | transferred to Subchapter D, Chapter 12, Education Code, |
---|
495 | 495 | | redesignated as Section 12.1191, Education Code, and amended to |
---|
496 | 496 | | read as follows: |
---|
497 | 497 | | Sec. 12.1191 [140.005]. ANNUAL FINANCIAL STATEMENT OF |
---|
498 | 498 | | CHARTER SCHOOL[, ROAD, OR OTHER DISTRICT]. (a) The governing body |
---|
499 | 499 | | of an [a school district,] open-enrollment charter school[, junior |
---|
500 | 500 | | college district, or a district or authority organized under |
---|
501 | 501 | | Article III, Section 52, or Article XVI, Section 59, of the Texas |
---|
502 | 502 | | Constitution,] shall prepare an annual financial statement showing |
---|
503 | 503 | | for each fund subject to the authority of the governing body during |
---|
504 | 504 | | the fiscal year: |
---|
505 | 505 | | (1) the total receipts of the fund, itemized by source |
---|
506 | 506 | | of revenue, including taxes, assessments, service charges, grants |
---|
507 | 507 | | of state money, gifts, or other general sources from which funds are |
---|
508 | 508 | | derived; |
---|
509 | 509 | | (2) the total disbursements of the fund, itemized by |
---|
510 | 510 | | the nature of the expenditure; and |
---|
511 | 511 | | (3) the balance in the fund at the close of the fiscal |
---|
512 | 512 | | year. |
---|
513 | 513 | | (b) The governing body of an open-enrollment charter school |
---|
514 | 514 | | shall take action to ensure that the school's annual financial |
---|
515 | 515 | | statement is made available in the manner provided by Chapter 552, |
---|
516 | 516 | | Government Code, and is posted continuously on the school's |
---|
517 | 517 | | Internet website. |
---|
518 | 518 | | (c) An open-enrollment charter school shall maintain or |
---|
519 | 519 | | cause to be maintained an Internet website to comply with this |
---|
520 | 520 | | section. |
---|
521 | 521 | | SECTION 15. Chapter 140, Local Government Code, is amended |
---|
522 | 522 | | by adding Section 140.008 to read as follows: |
---|
523 | 523 | | Sec. 140.008. ANNUAL FINANCIAL REPORT; DEBT INFORMATION. |
---|
524 | 524 | | (a) In this section: |
---|
525 | 525 | | (1) "Comparable financial report" means the most |
---|
526 | 526 | | recent financial report, financial statement, audit, exhibit, or |
---|
527 | 527 | | other comparable report that a county or municipality is required |
---|
528 | 528 | | by other law to prepare, provided that the report includes the |
---|
529 | 529 | | information required by Subsection (c). |
---|
530 | 530 | | (2) "Debt obligation" means an issued public security, |
---|
531 | 531 | | as defined by Section 1201.002, Government Code, secured by |
---|
532 | 532 | | property taxes. |
---|
533 | 533 | | (3) "Political subdivision" means a county, |
---|
534 | 534 | | municipality, school district, junior college district, other |
---|
535 | 535 | | special district, or other subdivision of state government. |
---|
536 | 536 | | (b) This section does not apply to a district as defined by |
---|
537 | 537 | | Section 49.001(1), Water Code. |
---|
538 | 538 | | (c) Except as provided by Subsections (d) and (e), a |
---|
539 | 539 | | political subdivision shall prepare an annual financial report that |
---|
540 | 540 | | includes: |
---|
541 | 541 | | (1) financial information for each fund subject to the |
---|
542 | 542 | | authority of the governing body of the political subdivision during |
---|
543 | 543 | | the fiscal year, including: |
---|
544 | 544 | | (A) the total receipts of the fund; |
---|
545 | 545 | | (B) the total disbursements of the fund; |
---|
546 | 546 | | (C) the balance in the fund as of the last day of |
---|
547 | 547 | | the fiscal year; and |
---|
548 | 548 | | (D) any other information required by law to be |
---|
549 | 549 | | included by the political subdivision in an annual financial report |
---|
550 | 550 | | or comparable annual financial statement, exhibit, or report; |
---|
551 | 551 | | (2) as of the last day of the preceding fiscal year, |
---|
552 | 552 | | the following information for the political subdivision expressed |
---|
553 | 553 | | as a total amount and, if the political subdivision is a |
---|
554 | 554 | | municipality, county, or school district, as a per capita amount: |
---|
555 | 555 | | (A) the amount of all authorized debt |
---|
556 | 556 | | obligations; |
---|
557 | 557 | | (B) the principal of all outstanding debt |
---|
558 | 558 | | obligations; |
---|
559 | 559 | | (C) the principal of each outstanding debt |
---|
560 | 560 | | obligation; |
---|
561 | 561 | | (D) the combined principal and interest required |
---|
562 | 562 | | to pay all outstanding debt obligations on time and in full; and |
---|
563 | 563 | | (E) the combined principal and interest required |
---|
564 | 564 | | to pay each outstanding debt obligation on time and in full; |
---|
565 | 565 | | (3) as of the last day of the preceding fiscal year, |
---|
566 | 566 | | the following for each debt obligation: |
---|
567 | 567 | | (A) the issued and unissued amount; and |
---|
568 | 568 | | (B) the spent and unspent amount; |
---|
569 | 569 | | (4) the maturity date for each debt obligation; |
---|
570 | 570 | | (5) the stated purpose for which each debt obligation |
---|
571 | 571 | | was authorized; and |
---|
572 | 572 | | (6) any other information that the political |
---|
573 | 573 | | subdivision considers relevant or necessary to explain the values |
---|
574 | 574 | | required by Subdivision (2), including: |
---|
575 | 575 | | (A) an amount stated as a per capita amount if the |
---|
576 | 576 | | political subdivision is not required to provide the amount under |
---|
577 | 577 | | Subdivision (2); |
---|
578 | 578 | | (B) an explanation of the payment sources for the |
---|
579 | 579 | | different types of debt; and |
---|
580 | 580 | | (C) a projected per capita amount of an amount |
---|
581 | 581 | | required by Subdivision (2), as of the last day of the maximum term |
---|
582 | 582 | | of the most recent debt obligation issued by the political |
---|
583 | 583 | | subdivision. |
---|
584 | 584 | | (d) Instead of replicating in the annual financial report |
---|
585 | 585 | | information required by Subsection (c) that is posted separately on |
---|
586 | 586 | | the political subdivision's Internet website, or on a website as |
---|
587 | 587 | | authorized by Subsection (h)(2), the political subdivision may |
---|
588 | 588 | | provide in the report a direct link to, or a clear statement |
---|
589 | 589 | | describing the location of, the separately posted information. |
---|
590 | 590 | | (e) As an alternative to preparing an annual financial |
---|
591 | 591 | | report, a political subdivision may provide to the comptroller the |
---|
592 | 592 | | information described by Subsection (c) and any other related |
---|
593 | 593 | | information required by the comptroller in the form and in the |
---|
594 | 594 | | manner prescribed by the comptroller. The comptroller shall post |
---|
595 | 595 | | the information on the comptroller's Internet website in the format |
---|
596 | 596 | | that the comptroller determines is appropriate. The political |
---|
597 | 597 | | subdivision shall provide a link from the political subdivision's |
---|
598 | 598 | | website, or a website as authorized by Subsection (h)(2), to the |
---|
599 | 599 | | location on the comptroller's website where the political |
---|
600 | 600 | | subdivision's financial information may be viewed. The comptroller |
---|
601 | 601 | | shall adopt rules necessary to implement this subsection. |
---|
602 | 602 | | (f) Except as provided by Subsection (e), the governing body |
---|
603 | 603 | | of a political subdivision shall take action to ensure that: |
---|
604 | 604 | | (1) the political subdivision's annual financial |
---|
605 | 605 | | report is: |
---|
606 | 606 | | (A) made available for inspection by any person; |
---|
607 | 607 | | and |
---|
608 | 608 | | (B) if the political subdivision has at least 250 |
---|
609 | 609 | | registered voters: |
---|
610 | 610 | | (i) posted continuously on the political |
---|
611 | 611 | | subdivision's Internet website until the political subdivision |
---|
612 | 612 | | posts the next annual financial report; or |
---|
613 | 613 | | (ii) posted continuously on a website as |
---|
614 | 614 | | authorized by Subsection (h)(2) until the political subdivision |
---|
615 | 615 | | posts the next annual financial report; and |
---|
616 | 616 | | (2) if the political subdivision has at least 250 |
---|
617 | 617 | | registered voters, the contact information for the main office of |
---|
618 | 618 | | the political subdivision is continuously posted on the website, |
---|
619 | 619 | | including the physical address, the mailing address, the main |
---|
620 | 620 | | telephone number, and an e-mail address. |
---|
621 | 621 | | (g) This subsection applies only to a political subdivision |
---|
622 | 622 | | that has at least 250 registered voters. Except as provided by |
---|
623 | 623 | | Subsection (h), a political subdivision shall maintain or cause to |
---|
624 | 624 | | be maintained an Internet website to comply with this section. |
---|
625 | 625 | | (h) This subsection applies only to a political subdivision |
---|
626 | 626 | | that has at least 250 registered voters. This subsection does not |
---|
627 | 627 | | apply to a county or municipality with a population of more than |
---|
628 | 628 | | 2,000 or a school district or a junior college district. If a |
---|
629 | 629 | | political subdivision did not maintain an Internet website or cause |
---|
630 | 630 | | a website to be maintained on January 1, 2013, the political |
---|
631 | 631 | | subdivision shall post the information required by this section on: |
---|
632 | 632 | | (1) the political subdivision's website, if the |
---|
633 | 633 | | political subdivision chooses to maintain the website or cause the |
---|
634 | 634 | | website to be maintained; or |
---|
635 | 635 | | (2) a website in which the political subdivision |
---|
636 | 636 | | controls the content of the posting, including a social media site, |
---|
637 | 637 | | provided that the information is easily found by searching the name |
---|
638 | 638 | | of the political subdivision on the Internet. |
---|
639 | 639 | | (i) Notwithstanding any other provision of this section, a |
---|
640 | 640 | | county or municipality required to prepare an annual financial |
---|
641 | 641 | | report under this section and post information described by |
---|
642 | 642 | | Subsection (c) on an Internet website may satisfy those |
---|
643 | 643 | | requirements by: |
---|
644 | 644 | | (1) posting the comparable financial report of the |
---|
645 | 645 | | county or municipality, as applicable, on: |
---|
646 | 646 | | (A) the website of the county or municipality, as |
---|
647 | 647 | | applicable; or |
---|
648 | 648 | | (B) a website as authorized by Subsection (h)(2); |
---|
649 | 649 | | or |
---|
650 | 650 | | (2) electronically submitting the comparable |
---|
651 | 651 | | financial report of the county or municipality, as applicable, to |
---|
652 | 652 | | the comptroller to be posted on the comptroller's website, provided |
---|
653 | 653 | | that the web page on which the document may be viewed: |
---|
654 | 654 | | (A) is easily located by searching the name of |
---|
655 | 655 | | the county or municipality on the Internet; or |
---|
656 | 656 | | (B) is linked or automatically opened from a web |
---|
657 | 657 | | address maintained or caused to be maintained by the county or |
---|
658 | 658 | | municipality that is easily located by searching the name of the |
---|
659 | 659 | | county or municipality on the Internet. |
---|
660 | 660 | | (j) A website or web address described by Subsection |
---|
661 | 661 | | (i)(1)(B) or (i)(2) is not a website maintained by a political |
---|
662 | 662 | | subdivision for the purpose of other law. |
---|
663 | 663 | | SECTION 16. Section 271.047, Local Government Code, is |
---|
664 | 664 | | amended by adding Subsection (d) to read as follows: |
---|
665 | 665 | | (d) Except as provided by this subsection, the governing |
---|
666 | 666 | | body of an issuer may not authorize a certificate to pay a |
---|
667 | 667 | | contractual obligation to be incurred if a bond proposition to |
---|
668 | 668 | | authorize the issuance of bonds for the same purpose was submitted |
---|
669 | 669 | | to the voters during the preceding three years and failed to be |
---|
670 | 670 | | approved. A governing body may authorize a certificate that the |
---|
671 | 671 | | governing body is otherwise prohibited from authorizing under this |
---|
672 | 672 | | subsection: |
---|
673 | 673 | | (1) in a case described by Sections 271.056(1)-(3); |
---|
674 | 674 | | and |
---|
675 | 675 | | (2) to comply with a state or federal law, rule, or |
---|
676 | 676 | | regulation if the political subdivision has been officially |
---|
677 | 677 | | notified of noncompliance with the law, rule, or regulation. |
---|
678 | 678 | | SECTION 17. Section 271.049, Local Government Code, is |
---|
679 | 679 | | amended by amending Subsections (a), (b), and (d) and adding |
---|
680 | 680 | | Subsections (e), (f), and (g) to read as follows: |
---|
681 | 681 | | (a) Regardless of the sources of payment of certificates, |
---|
682 | 682 | | certificates may not be issued unless the issuer publishes notice |
---|
683 | 683 | | of its intention to issue the certificates. The notice must be |
---|
684 | 684 | | published: |
---|
685 | 685 | | (1) once a week for two consecutive weeks in a |
---|
686 | 686 | | newspaper, as defined by Subchapter C, Chapter 2051, Government |
---|
687 | 687 | | Code, that is of general circulation in the area of the issuer, with |
---|
688 | 688 | | the date of the first publication to be before the 30th day before |
---|
689 | 689 | | the date tentatively set for the passage of the order or ordinance |
---|
690 | 690 | | authorizing the issuance of the certificates; and |
---|
691 | 691 | | (2) continuously on the issuer's Internet website, or |
---|
692 | 692 | | on a website as authorized by Subsection (f)(2), for at least 30 |
---|
693 | 693 | | days before the date tentatively set for the passage of the order or |
---|
694 | 694 | | ordinance authorizing the issuance of the certificates and until |
---|
695 | 695 | | the first day after the date the issuer adopts the order or |
---|
696 | 696 | | ordinance. |
---|
697 | 697 | | (b) The notice must state: |
---|
698 | 698 | | (1) the time and place tentatively set for the passage |
---|
699 | 699 | | of the order or ordinance authorizing the issuance of the |
---|
700 | 700 | | certificates; |
---|
701 | 701 | | (2) the [maximum amount and] purpose of the |
---|
702 | 702 | | certificates to be authorized; [and] |
---|
703 | 703 | | (3) the manner in which the certificates will be paid |
---|
704 | 704 | | for, whether by taxes, revenues, or a combination of the two; |
---|
705 | 705 | | (4) as of the date the issuer adopts the order or |
---|
706 | 706 | | ordinance, the principal of all outstanding debt obligations of the |
---|
707 | 707 | | issuer; |
---|
708 | 708 | | (5) as of the date the issuer adopts the order or |
---|
709 | 709 | | ordinance, the estimated remaining interest of all outstanding debt |
---|
710 | 710 | | obligations of the issuer; |
---|
711 | 711 | | (6) as of the date the issuer adopts the order or |
---|
712 | 712 | | ordinance, the estimated combined principal and interest required |
---|
713 | 713 | | to pay all outstanding debt obligations of the issuer on time and in |
---|
714 | 714 | | full; |
---|
715 | 715 | | (7) the maximum principal of the certificates to be |
---|
716 | 716 | | authorized; and |
---|
717 | 717 | | (8) the process by which a petition may be submitted |
---|
718 | 718 | | requesting an election on the issuance of the certificates, in the |
---|
719 | 719 | | following form: |
---|
720 | 720 | | "Five percent of the qualified voters of (name of issuer) may |
---|
721 | 721 | | petition to require an election to be held authorizing the issuance |
---|
722 | 722 | | of certificates of obligation by delivering a signed petition to |
---|
723 | 723 | | the (insert "secretary or clerk" if the issuer is a municipality, or |
---|
724 | 724 | | "county clerk" if the issuer is a county) of (name of issuer) |
---|
725 | 725 | | before the date the governing body has set for the authorization of |
---|
726 | 726 | | the certificates of obligation. Information about the requirements |
---|
727 | 727 | | of the petition may be obtained from the (insert "secretary or |
---|
728 | 728 | | clerk" if the issuer is a municipality, or "county clerk" if the |
---|
729 | 729 | | issuer is a county) of (name of issuer)."[.] |
---|
730 | 730 | | (d) This section does not apply to certificates issued for |
---|
731 | 731 | | the purposes described by Sections 271.056(1)-(3) |
---|
732 | 732 | | [271.056(1)-(4)]. |
---|
733 | 733 | | (e) Except as provided by Subsection (f), an issuer shall |
---|
734 | 734 | | maintain or cause to be maintained an Internet website to comply |
---|
735 | 735 | | with this section. |
---|
736 | 736 | | (f) This subsection does not apply to a county or |
---|
737 | 737 | | municipality with a population of more than 2,000. If an issuer did |
---|
738 | 738 | | not maintain an Internet website or cause a website to be maintained |
---|
739 | 739 | | on January 1, 2013, the issuer shall post the information required |
---|
740 | 740 | | by Subsection (b) on: |
---|
741 | 741 | | (1) the issuer's website, if the issuer chooses to |
---|
742 | 742 | | maintain the website or cause the website to be maintained; or |
---|
743 | 743 | | (2) a website in which the issuer controls the content |
---|
744 | 744 | | of the posting, including a social media site, provided that the |
---|
745 | 745 | | information is easily found by searching the name of the issuer on |
---|
746 | 746 | | the Internet. |
---|
747 | 747 | | (g) In this section, "debt obligation" means an issued |
---|
748 | 748 | | public security, as defined by Section 1201.002, Government Code, |
---|
749 | 749 | | secured by property taxes. |
---|
750 | 750 | | SECTION 18. Subtitle C, Title 12, Local Government Code, is |
---|
751 | 751 | | amended by adding Chapter 399 to read as follows: |
---|
752 | 752 | | CHAPTER 399. COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS |
---|
753 | 753 | | Sec. 399.001. DEFINITION. In this chapter, "special |
---|
754 | 754 | | district" means a political subdivision of this state that has a |
---|
755 | 755 | | limited geographic area, is created by local law or under general |
---|
756 | 756 | | law for a special purpose, and is authorized to impose a tax, |
---|
757 | 757 | | assessment, or fee. The term does not include: |
---|
758 | 758 | | (1) a school district; |
---|
759 | 759 | | (2) a junior college district; or |
---|
760 | 760 | | (3) a political subdivision that receives financial |
---|
761 | 761 | | assistance through the state water implementation fund created by |
---|
762 | 762 | | the 83rd Legislature, Regular Session, 2013. |
---|
763 | 763 | | Sec. 399.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least |
---|
764 | 764 | | once every six years, the governing body of a special district that |
---|
765 | 765 | | has outstanding debt or imposes a tax, assessment, or fee shall |
---|
766 | 766 | | conduct a comprehensive review of the district under this chapter. |
---|
767 | 767 | | (b) The governing body of a special district that issues |
---|
768 | 768 | | debt or imposes a tax, assessment, or fee for the first time on or |
---|
769 | 769 | | after September 1, 2013, shall conduct the first comprehensive |
---|
770 | 770 | | review not later than the third anniversary of the date the |
---|
771 | 771 | | governing body issues the debt or imposes the tax, assessment, or |
---|
772 | 772 | | fee. |
---|
773 | 773 | | Sec. 399.003. COMPREHENSIVE SELF-EVALUATION REPORT. |
---|
774 | 774 | | (a) After conducting the review, the governing body must prepare a |
---|
775 | 775 | | written self-evaluation report not later than the 30th day before |
---|
776 | 776 | | the date of the public hearing required by Section 399.005. |
---|
777 | 777 | | (b) Except as provided by Subsection (c), the |
---|
778 | 778 | | self-evaluation report must include: |
---|
779 | 779 | | (1) an identification of the statutory provision |
---|
780 | 780 | | authorizing the creation of the special district; |
---|
781 | 781 | | (2) an identification of the purpose of the special |
---|
782 | 782 | | district and an assessment of the extent to which the purpose has |
---|
783 | 783 | | been achieved, has not been achieved, or is continuing to be |
---|
784 | 784 | | achieved; |
---|
785 | 785 | | (3) an identification of the improvements and services |
---|
786 | 786 | | provided by the special district and whether those improvements and |
---|
787 | 787 | | services are provided by other governmental entities; |
---|
788 | 788 | | (4) a general description of any penalty and |
---|
789 | 789 | | identification of each tax, assessment, or fee that the special |
---|
790 | 790 | | district imposes or collects or has imposed or collected; |
---|
791 | 791 | | (5) a statement of the amount of revenue collected by |
---|
792 | 792 | | the special district in each of the preceding six fiscal years, and |
---|
793 | 793 | | an assessment of whether the amount is sufficient, is insufficient, |
---|
794 | 794 | | or exceeds the amount needed to accomplish the purpose of the |
---|
795 | 795 | | district; and |
---|
796 | 796 | | (6) an identification of the special district's |
---|
797 | 797 | | financial liabilities, including bonds and other obligations. |
---|
798 | 798 | | (c) Instead of replicating in the self-evaluation report |
---|
799 | 799 | | information required by Subsection (b) that is posted separately on |
---|
800 | 800 | | the special district's Internet website, or on a website as |
---|
801 | 801 | | authorized by Section 399.006(b)(2) or 399.007(c)(2), the district |
---|
802 | 802 | | may provide in the report a direct link to, or a clear statement |
---|
803 | 803 | | describing the location of, the separately posted information. |
---|
804 | 804 | | (d) The special district must make the self-evaluation |
---|
805 | 805 | | report available for inspection in the manner provided by Chapter |
---|
806 | 806 | | 552, Government Code. |
---|
807 | 807 | | (e) Except as provided by Subsection (f), a special district |
---|
808 | 808 | | that has at least 250 registered voters must ensure that the |
---|
809 | 809 | | self-evaluation report is posted continuously on the district's |
---|
810 | 810 | | Internet website, or on a website as authorized by Section |
---|
811 | 811 | | 399.006(b)(2), beginning not later than the 30th day before the |
---|
812 | 812 | | date of the public hearing required by Section 399.005 and until the |
---|
813 | 813 | | first anniversary of the date the public hearing is held. |
---|
814 | 814 | | (f) A special district that has at least 250 registered |
---|
815 | 815 | | voters and that is a district as defined by Section 49.001(1), Water |
---|
816 | 816 | | Code, shall: |
---|
817 | 817 | | (1) post the self-evaluation in the manner provided by |
---|
818 | 818 | | Subsection (e); or |
---|
819 | 819 | | (2) electronically submit the report to the executive |
---|
820 | 820 | | director of the Texas Commission on Environmental Quality not later |
---|
821 | 821 | | than the 30th day before the date of the public hearing required by |
---|
822 | 822 | | Section 399.005. |
---|
823 | 823 | | (g) The executive director of the Texas Commission on |
---|
824 | 824 | | Environmental Quality shall, as soon as practicable, post a |
---|
825 | 825 | | self-evaluation report submitted under Subsection (f)(2) |
---|
826 | 826 | | continuously on the commission's Internet website until the first |
---|
827 | 827 | | anniversary of the date the public hearing required by Section |
---|
828 | 828 | | 399.005 is held. |
---|
829 | 829 | | Sec. 399.004. NOTICE OF HEARING. (a) The special district |
---|
830 | 830 | | must provide notice of the public hearing required by Section |
---|
831 | 831 | | 399.005 not earlier than the 30th day or later than the 15th day |
---|
832 | 832 | | before the date of the hearing. The district must: |
---|
833 | 833 | | (1) publish the notice in at least one newspaper of |
---|
834 | 834 | | general circulation in the county in which the district is located; |
---|
835 | 835 | | and |
---|
836 | 836 | | (2) if the district has at least 250 registered |
---|
837 | 837 | | voters: |
---|
838 | 838 | | (A) post the notice until the conclusion of the |
---|
839 | 839 | | hearing on: |
---|
840 | 840 | | (i) the district's Internet website; or |
---|
841 | 841 | | (ii) a website as authorized by Section |
---|
842 | 842 | | 399.006(b)(2); or |
---|
843 | 843 | | (B) electronically submit the notice as |
---|
844 | 844 | | authorized by Section 399.007(c)(2) to be posted until the |
---|
845 | 845 | | conclusion of the hearing. |
---|
846 | 846 | | (b) The notice must contain a statement in the following |
---|
847 | 847 | | form: |
---|
848 | 848 | | "NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE |
---|
849 | 849 | | SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT) |
---|
850 | 850 | | "The (insert name of the district) was created in (insert |
---|
851 | 851 | | year) to (insert purpose for district's creation). The district |
---|
852 | 852 | | imposes a (insert type and rate of tax, type of assessment, rate or |
---|
853 | 853 | | amount of assessment, and a general description of fees, as |
---|
854 | 854 | | appropriate). State law requires the district to hold a hearing at |
---|
855 | 855 | | least every six years to consider the district's comprehensive |
---|
856 | 856 | | self-evaluation report. The hearing will be held on (insert date) |
---|
857 | 857 | | at (insert time) at (insert location). A copy of the district's |
---|
858 | 858 | | comprehensive self-evaluation report is available at (insert the |
---|
859 | 859 | | physical address of the district's main office, or the physical |
---|
860 | 860 | | address of the main office of another local political subdivision |
---|
861 | 861 | | if the district does not maintain an office, and the website address |
---|
862 | 862 | | where the comprehensive self-evaluation report is posted if it is |
---|
863 | 863 | | required to be posted on a website)." |
---|
864 | 864 | | Sec. 399.005. PUBLIC HEARING. (a) The governing body of a |
---|
865 | 865 | | special district must conduct a public hearing at which persons |
---|
866 | 866 | | interested in the self-evaluation report are given the opportunity |
---|
867 | 867 | | to be heard. |
---|
868 | 868 | | (b) Not later than the 10th day after the date the governing |
---|
869 | 869 | | body of a special district that has at least 250 registered voters |
---|
870 | 870 | | adopts the minutes for the public hearing, the district must post or |
---|
871 | 871 | | submit the following in a manner required by Section 399.004(a)(2): |
---|
872 | 872 | | (1) the minutes of the hearing; |
---|
873 | 873 | | (2) the estimated number of members of the public in |
---|
874 | 874 | | attendance at the hearing; and |
---|
875 | 875 | | (3) the number of witnesses testifying at the hearing. |
---|
876 | 876 | | Sec. 399.006. INTERNET WEBSITE. (a) This section applies |
---|
877 | 877 | | only to a special district that has at least 250 registered voters. |
---|
878 | 878 | | Except as provided by Subsection (b), a special district shall |
---|
879 | 879 | | maintain or cause to be maintained an Internet website to comply |
---|
880 | 880 | | with this chapter. |
---|
881 | 881 | | (b) If a special district did not maintain an Internet |
---|
882 | 882 | | website or cause a website to be maintained on January 1, 2013, the |
---|
883 | 883 | | special district shall post the information required by this |
---|
884 | 884 | | chapter on: |
---|
885 | 885 | | (1) the special district's website, if the special |
---|
886 | 886 | | district chooses to maintain the website or cause the website to be |
---|
887 | 887 | | maintained; or |
---|
888 | 888 | | (2) a website in which the special district controls |
---|
889 | 889 | | the content of the posting, including a social media site, provided |
---|
890 | 890 | | that the information is easily found by searching the name of the |
---|
891 | 891 | | special district on the Internet. |
---|
892 | 892 | | Sec. 399.007. ALTERNATIVE POSTING REQUIREMENT FOR CERTAIN |
---|
893 | 893 | | WATER DISTRICTS. (a) This section applies only to a special |
---|
894 | 894 | | district that has at least 250 registered voters and that is a |
---|
895 | 895 | | district as defined by Section 49.001(1), Water Code. |
---|
896 | 896 | | (b) Notwithstanding any other provision of this chapter, a |
---|
897 | 897 | | special district that is required by this chapter to post |
---|
898 | 898 | | information on a website may satisfy the posting requirement as |
---|
899 | 899 | | provided by Subsection (c). |
---|
900 | 900 | | (c) A special district may: |
---|
901 | 901 | | (1) post the information required by this chapter on a |
---|
902 | 902 | | website authorized by Section 399.006; or |
---|
903 | 903 | | (2) electronically submit the information to the |
---|
904 | 904 | | executive director of the Texas Commission on Environmental Quality |
---|
905 | 905 | | to be posted on the commission's Internet website on a web page |
---|
906 | 906 | | dedicated to the district, provided that the web page: |
---|
907 | 907 | | (A) is easily located by searching the name of |
---|
908 | 908 | | the district on the Internet; or |
---|
909 | 909 | | (B) is linked or automatically opened from a web |
---|
910 | 910 | | address maintained or caused to be maintained by the district that |
---|
911 | 911 | | is easily located by searching the name of the district on the |
---|
912 | 912 | | Internet. |
---|
913 | 913 | | (d) A website described by Subsection (c)(2) or Section |
---|
914 | 914 | | 399.006(b)(2), and a web address described by Subsection (c)(2)(B), |
---|
915 | 915 | | are not websites maintained by a special district for the purpose of |
---|
916 | 916 | | other law. |
---|
917 | 917 | | Sec. 399.0075. TEMPORARY PROVISION: EFFECTIVE DATE OF |
---|
918 | 918 | | CERTAIN PROVISIONS RELATING TO CERTAIN WATER DISTRICTS. (a) This |
---|
919 | 919 | | section applies only to a special district that is a district as |
---|
920 | 920 | | defined by Section 49.001(1), Water Code. |
---|
921 | 921 | | (b) A requirement in this chapter that a special district |
---|
922 | 922 | | post information on a website or electronically submit information |
---|
923 | 923 | | to the executive director of the Texas Commission on Environmental |
---|
924 | 924 | | Quality applies beginning on September 1, 2014. |
---|
925 | 925 | | (c) This section expires September 1, 2015. |
---|
926 | 926 | | SECTION 19. The heading to Section 26.16, Tax Code, is |
---|
927 | 927 | | amended to read as follows: |
---|
928 | 928 | | Sec. 26.16. REPORTING OF TAX RATES AND POSTING OF [TAX] |
---|
929 | 929 | | RATES ON THE [COUNTY'S] INTERNET [WEBSITE]. |
---|
930 | 930 | | SECTION 20. Section 26.16, Tax Code, is amended by amending |
---|
931 | 931 | | Subsections (a), (b), and (e) and adding Subsections (f) and (g) to |
---|
932 | 932 | | read as follows: |
---|
933 | 933 | | (a) Except as provided by Subsection (g), the [The] county |
---|
934 | 934 | | assessor-collector for each county, including those that do not |
---|
935 | 935 | | participate in the assessment or collection of property taxes, |
---|
936 | 936 | | shall maintain or cause to be maintained [that maintains] an |
---|
937 | 937 | | Internet website. The county assessor-collector shall post on the |
---|
938 | 938 | | assessor-collector's website or on the website of the county or |
---|
939 | 939 | | shall provide on at least one of those websites a link to the |
---|
940 | 940 | | location on the comptroller's website where may be viewed the |
---|
941 | 941 | | following information for the most recent five tax years beginning |
---|
942 | 942 | | with the 2012 tax year for each taxing unit all or part of the |
---|
943 | 943 | | territory of which is located in the county: |
---|
944 | 944 | | (1) the adopted tax rate; |
---|
945 | 945 | | (2) the maintenance and operations rate; |
---|
946 | 946 | | (3) the debt rate; |
---|
947 | 947 | | (4) the effective tax rate; |
---|
948 | 948 | | (5) the effective maintenance and operations rate; and |
---|
949 | 949 | | (6) the rollback tax rate. |
---|
950 | 950 | | (b) Each taxing unit [all or part of the territory of which |
---|
951 | 951 | | is located in the county] shall annually provide the information |
---|
952 | 952 | | described by Subsection (a) pertaining to the taxing unit to the |
---|
953 | 953 | | county assessor-collector of each county in which all or part of the |
---|
954 | 954 | | taxing unit's territory is located [annually] following the |
---|
955 | 955 | | adoption of a tax rate by the taxing unit for the current tax year. |
---|
956 | 956 | | The chief appraiser of the appraisal district established in the |
---|
957 | 957 | | county may assist the county assessor-collector in identifying the |
---|
958 | 958 | | taxing units required to provide information to the |
---|
959 | 959 | | assessor-collector. |
---|
960 | 960 | | (e) The county assessor-collector for each county shall |
---|
961 | 961 | | report the tax rate information described by Subsection (a) for the |
---|
962 | 962 | | current tax year to the comptroller. |
---|
963 | 963 | | (f) The comptroller by rule shall prescribe the time and |
---|
964 | 964 | | manner in which the information described by this section is |
---|
965 | 965 | | required to be reported and published [presented]. |
---|
966 | 966 | | (g) If a county assessor-collector or the county served by |
---|
967 | 967 | | the assessor-collector did not maintain or cause to be maintained |
---|
968 | 968 | | an Internet website on January 1, 2013, and the county has a |
---|
969 | 969 | | population of 2,000 or less, the assessor-collector shall: |
---|
970 | 970 | | (1) post the information required by Subsection (a) |
---|
971 | 971 | | on: |
---|
972 | 972 | | (A) the assessor-collector's or county's |
---|
973 | 973 | | website, if the assessor-collector or county chooses to maintain |
---|
974 | 974 | | the website or cause the website to be maintained; or |
---|
975 | 975 | | (B) a website in which the assessor-collector or |
---|
976 | 976 | | county controls the content of the posting, including a social |
---|
977 | 977 | | media site, provided that the information is easily found by |
---|
978 | 978 | | searching the name of the county or the assessor-collector on the |
---|
979 | 979 | | Internet; or |
---|
980 | 980 | | (2) provide on at least one website a link to the |
---|
981 | 981 | | information on the comptroller's website, provided that the link is |
---|
982 | 982 | | easily found by searching the name of the county or the |
---|
983 | 983 | | assessor-collector on the Internet. |
---|
984 | 984 | | SECTION 21. Section 49.192, Water Code, is amended to read |
---|
985 | 985 | | as follows: |
---|
986 | 986 | | Sec. 49.192. FORM OF AUDIT; ANNUAL FINANCIAL REPORT. The |
---|
987 | 987 | | executive director shall adopt accounting and auditing manuals and, |
---|
988 | 988 | | except as otherwise provided by the manuals, the district audit |
---|
989 | 989 | | shall be performed according to the generally accepted auditing |
---|
990 | 990 | | standards adopted by the American Institute of Certified Public |
---|
991 | 991 | | Accountants. The commission shall require an audit or an annual |
---|
992 | 992 | | financial report under Section 49.198 to include the information |
---|
993 | 993 | | required by Section 140.008(c), Local Government Code. Financial |
---|
994 | 994 | | statements shall be prepared in accordance with generally accepted |
---|
995 | 995 | | accounting principles as adopted by the American Institute of |
---|
996 | 996 | | Certified Public Accountants. |
---|
997 | 997 | | SECTION 22. Subchapter G, Chapter 49, Water Code, is |
---|
998 | 998 | | amended by adding Section 49.201 to read as follows: |
---|
999 | 999 | | Sec. 49.201. DISTRICT DOCUMENTS ON COMMISSION WEBSITE. |
---|
1000 | 1000 | | (a) The executive director shall establish and maintain a separate |
---|
1001 | 1001 | | dedicated web page on the commission's Internet website for each |
---|
1002 | 1002 | | district that submits information described by Subsection (b). |
---|
1003 | 1003 | | (b) The executive director shall post the following |
---|
1004 | 1004 | | information as soon as practicable on the dedicated web page of the |
---|
1005 | 1005 | | applicable district: |
---|
1006 | 1006 | | (1) each audit, financial dormancy affidavit, or |
---|
1007 | 1007 | | annual financial report filed under this subchapter; and |
---|
1008 | 1008 | | (2) each notice or other document electronically |
---|
1009 | 1009 | | submitted to the executive director by a district as required or |
---|
1010 | 1010 | | authorized by: |
---|
1011 | 1011 | | (A) Subchapter B, Chapter 1251, Government Code; |
---|
1012 | 1012 | | and |
---|
1013 | 1013 | | (B) Chapter 399, Local Government Code. |
---|
1014 | 1014 | | (b-1) A requirement that the executive director post |
---|
1015 | 1015 | | information filed or submitted as described by Subsection (b) |
---|
1016 | 1016 | | applies to the executive director beginning on September 1, 2014. |
---|
1017 | 1017 | | This subsection expires September 1, 2015. |
---|
1018 | 1018 | | (c) The executive director may adopt rules necessary to |
---|
1019 | 1019 | | implement this section. |
---|
1020 | 1020 | | SECTION 23. Section 140.006, Local Government Code, is |
---|
1021 | 1021 | | repealed. |
---|
1022 | 1022 | | SECTION 24. (a) Section 46.101, Education Code, as added |
---|
1023 | 1023 | | by this Act, applies to a school district or open-enrollment |
---|
1024 | 1024 | | charter school beginning on the effective date of rules adopted by |
---|
1025 | 1025 | | the commissioner of education under Subsection (b), Section 46.101, |
---|
1026 | 1026 | | Education Code, as added by this Act. |
---|
1027 | 1027 | | (b) Section 1251.052, Government Code, as added by this Act, |
---|
1028 | 1028 | | applies only to a bond election ordered on or after January 1, 2014. |
---|
1029 | 1029 | | A bond election ordered before January 1, 2014, is governed by the |
---|
1030 | 1030 | | law in effect when the bond election was ordered, and the former law |
---|
1031 | 1031 | | is continued in effect for that purpose. |
---|
1032 | 1032 | | (c) Not later than January 1, 2014, the secretary of state |
---|
1033 | 1033 | | shall make available on the secretary of state's Internet website a |
---|
1034 | 1034 | | form of the voter information document described by Subsection (c), |
---|
1035 | 1035 | | Section 1251.052, Government Code, as added by this Act. |
---|
1036 | 1036 | | (d) Not later than January 1, 2014, the Texas Ethics |
---|
1037 | 1037 | | Commission shall make available on the Texas Ethics Commission's |
---|
1038 | 1038 | | Internet website the guidelines required by Subsection (g), Section |
---|
1039 | 1039 | | 1251.052, Government Code, as added by this Act. |
---|
1040 | 1040 | | (e) The governing body of a school district or junior |
---|
1041 | 1041 | | college district required to publish an annual financial statement |
---|
1042 | 1042 | | under former Section 140.006, Local Government Code, shall publish |
---|
1043 | 1043 | | an annual financial statement for the last fiscal year ending |
---|
1044 | 1044 | | before the effective date of this Act for which the district has not |
---|
1045 | 1045 | | published an annual financial statement. |
---|
1046 | 1046 | | (f) Section 140.008, Local Government Code, as added by this |
---|
1047 | 1047 | | Act, applies only to an annual financial report for a fiscal year |
---|
1048 | 1048 | | ending on or after the effective date of this Act. An annual |
---|
1049 | 1049 | | financial report for a fiscal year ending before the effective date |
---|
1050 | 1050 | | of this Act is governed by the law in effect when the fiscal year |
---|
1051 | 1051 | | ended, and the former law is continued in effect for that purpose. |
---|
1052 | 1052 | | (g) The changes in law made by this Act to Section 271.049, |
---|
1053 | 1053 | | Local Government Code, apply only to a certificate of obligation |
---|
1054 | 1054 | | for which the first notice of intention to issue the certificate is |
---|
1055 | 1055 | | made on or after the effective date of this Act. A certificate of |
---|
1056 | 1056 | | obligation for which the first notice of intention to issue the |
---|
1057 | 1057 | | certificate is made before the effective date of this Act is |
---|
1058 | 1058 | | governed by the law in effect when the notice of intention is made, |
---|
1059 | 1059 | | and the former law is continued in effect for that purpose. |
---|
1060 | 1060 | | (h) Not later than September 1, 2014, the governing body of |
---|
1061 | 1061 | | a special district to which Section 399.002, Local Government Code, |
---|
1062 | 1062 | | as added by this Act, applies that has issued debt or imposed a tax, |
---|
1063 | 1063 | | assessment, or fee before the effective date of this Act must |
---|
1064 | 1064 | | prepare a self-evaluation report as required by Subsection (a), |
---|
1065 | 1065 | | Section 399.003, Local Government Code, as added by this Act, for |
---|
1066 | 1066 | | the first comprehensive review cycle. |
---|
1067 | 1067 | | (i) Not later than March 1, 2014, the Texas Commission on |
---|
1068 | 1068 | | Environmental Quality shall update the accounting and auditing |
---|
1069 | 1069 | | manuals required by Section 49.192, Water Code, as amended by this |
---|
1070 | 1070 | | Act, to include the information required by Subsection (c), Section |
---|
1071 | 1071 | | 140.008, Local Government Code, as added by this Act. |
---|
1072 | 1072 | | (j) Not later than March 1, 2014, the executive director of |
---|
1073 | 1073 | | the Texas Commission on Environmental Quality shall adopt the rules |
---|
1074 | 1074 | | necessary to implement Section 49.201, Water Code, as added by this |
---|
1075 | 1075 | | Act. |
---|
1076 | 1076 | | SECTION 25. This Act takes effect September 1, 2013. |
---|