1 | 1 | | By: Paxton S.B. No. 637 |
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2 | 2 | | (Flynn) |
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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 notice and election order requirements for bond |
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8 | 8 | | approval elections held by political subdivisions. |
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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 3, Election Code, is amended by adding |
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11 | 11 | | Section 3.009 to read as follows: |
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12 | 12 | | Sec. 3.009. CONTENTS OF DEBT OBLIGATION ELECTION ORDER. |
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13 | 13 | | (a) In this section, "debt obligation" means an issued public |
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14 | 14 | | security, as defined by Section 1201.002, Government Code, that is |
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15 | 15 | | secured by ad valorem taxes. |
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16 | 16 | | (b) The document ordering an election to authorize a |
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17 | 17 | | political subdivision to issue debt obligations must distinctly |
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18 | 18 | | state: |
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19 | 19 | | (1) the proposition language that will appear on the |
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20 | 20 | | ballot; |
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21 | 21 | | (2) the purpose for which the debt obligations are to |
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22 | 22 | | be authorized; |
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23 | 23 | | (3) the principal amount of the debt obligations to be |
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24 | 24 | | authorized; |
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25 | 25 | | (4) that taxes sufficient to pay the annual principal |
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26 | 26 | | of and interest on the debt obligations may be imposed; |
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27 | 27 | | (5) a statement of the estimated tax rate if the debt |
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28 | 28 | | obligations are authorized or of the maximum interest rate of the |
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29 | 29 | | debt obligations or any series of the debt obligations, based on the |
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30 | 30 | | market conditions at the time of the election order; |
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31 | 31 | | (6) the maximum maturity date of the debt obligations |
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32 | 32 | | to be authorized or that the debt obligations may be issued to |
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33 | 33 | | mature over a specified number of years not to exceed 40; |
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34 | 34 | | (7) the aggregate amount of the outstanding principal |
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35 | 35 | | of the political subdivision's debt obligations as of the beginning |
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36 | 36 | | of the political subdivision's fiscal year in which the election is |
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37 | 37 | | ordered; |
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38 | 38 | | (8) the aggregate amount of the outstanding interest |
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39 | 39 | | on debt obligations of the political subdivision as of the |
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40 | 40 | | beginning of the political subdivision's fiscal year in which the |
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41 | 41 | | election is ordered; and |
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42 | 42 | | (9) the ad valorem debt service tax rate for the |
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43 | 43 | | political subdivision at the time the election is ordered, |
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44 | 44 | | expressed as an amount per $100 valuation of taxable property. |
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45 | 45 | | SECTION 2. Section 4.003, Election Code, is amended by |
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46 | 46 | | adding Subsection (f) to read as follows: |
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47 | 47 | | (f) A debt obligation election order required under Section |
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48 | 48 | | 3.009 shall be posted: |
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49 | 49 | | (1) on election day and during early voting by |
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50 | 50 | | personal appearance, in a prominent location at each polling place; |
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51 | 51 | | (2) not later than the 21st day before the election, in |
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52 | 52 | | three public places in the boundaries of the political subdivision |
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53 | 53 | | holding the election; and |
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54 | 54 | | (3) during the 21 days before the election, on the |
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55 | 55 | | political subdivision's Internet website, prominently and together |
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56 | 56 | | with the notice of the election and the contents of the proposition, |
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57 | 57 | | if the political subdivision maintains an Internet website. |
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58 | 58 | | SECTION 3. The changes in law made by this Act apply only to |
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59 | 59 | | an election ordered on or after the effective date of this Act. An |
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60 | 60 | | election ordered before the effective date of this Act is governed |
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61 | 61 | | by the law in effect when the election was ordered, and the former |
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62 | 62 | | law is continued in effect for that purpose. |
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63 | 63 | | SECTION 4. This Act takes effect September 1, 2013. |
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