83R389 ATP-F
By: Paxton S.B. No. 637
A BILL TO BE ENTITLED
AN ACT
relating to notice and proposition language requirements for bond
approval elections held by political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1251, Government Code, is amended by
adding Section 1251.0001 to read as follows:
Sec. 1251.0001. DEFINITION. In this chapter, "taxing unit"
has the meaning assigned by Section 1.04, Tax Code.
SECTION 2. Section 1251.001, Government Code, is amended to
read as follows:
Sec. 1251.001. BOND ELECTION REQUIRED. A taxing unit
[county or municipality] may not issue bonds that are to be paid
from ad valorem taxes unless the issuance is first approved by the
qualified voters of the taxing unit [county or municipality] in an
election.
SECTION 3. Section 1251.002, Government Code, is amended to
read as follows:
Sec. 1251.002. CONTENTS OF PROPOSITION. The proposition
submitted in an [the] election under this chapter must distinctly
state:
(1) the purpose for which the bonds are to be issued;
(2) the amount of the bonds;
(3) the rate of interest;
(4) the imposition of taxes, including the maximum tax
rate, sufficient to pay the annual interest on the bonds and to
provide a sinking fund to redeem the bonds at maturity; [and]
(5) the maturity date of the bonds or that the bonds
may be issued to mature serially over a specified number of years
not to exceed 40;
(6) the aggregate amount of outstanding bonds and
other debt obligations, including interest, accumulated by the
taxing unit on the date of the election; and
(7) the ad valorem debt tax rate for oustanding bonds
and other debt obligations, including interest, imposed by the
taxing unit on the date of the election.
SECTION 4. Section 1251.003, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e-1) to
read as follows:
(a) The general election laws govern an [the] election under
this chapter, except as provided by this section.
(d) In addition to the notice required by Section 4.003(c),
Election Code, notice of the election shall be given by:
(1) posting a substantial copy of the election order
at:
(A) three public places in the boundaries of the
taxing unit [county or municipality] holding the election; and
(B) the county courthouse, if the election is a
county election, or the city hall, if the election is a municipal
election; [and]
(2) publishing notice of the election in a newspaper
of general circulation [published] in the boundaries of the taxing
unit [county or municipality] holding the election; and
(3) prominently posting the notice of the election and
the contents of the proposition on the taxing unit's Internet
website, if the taxing unit maintains an Internet website.
(e-1) If required by Subsection (d)(3), the notice and
proposition must be posted on the Internet website as soon as
practicable after the election is ordered and must remain on the
website through the date of the election.
SECTION 5. Section 1251.004, Government Code, is amended to
read as follows:
Sec. 1251.004. IMPOSITION OF TAX. At an election ordered on
the issuance of bonds of a taxing unit [county or municipality], or
of a political subdivision or defined district of a county or
municipality, the governing body of the taxing unit [county or
municipality] shall also submit the question of whether to impose a
tax on property in the taxing unit [county, municipality], other
political subdivision, or defined district to pay interest on the
bonds and to provide a sinking fund to redeem the bonds.
SECTION 6. Section 1251.005, Government Code, is amended to
read as follows:
Sec. 1251.005. BALLOT PROPOSITION. At an [the] election
under this chapter, the ballots shall be printed to permit voting
for or against the proposition: "The issuance of bonds and the
imposition of an ad valorem tax."
SECTION 7. The changes in law made by this Act apply only to
an election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.