Texas 2015 - 84th Regular

Texas House Bill HB1647 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6685 TJB-F
2	2	By: Murphy H.B. No. 1647
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voter information provided by political subdivisions
8	8	before an election to authorize the issuance of bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 1251, Government Code, is amended by
11	11	designating Sections 1251.001, 1251.002, 1251.003, 1251.004,
12	12	1251.005, and 1251.006 as Subchapter A and adding a heading to
13	13	Subchapter A to read as follows:
14	14	SUBCHAPTER A. BOND MATTERS AFFECTING COUNTIES AND MUNICIPALITIES
15	15	SECTION 2. Chapter 1251, Government Code, is amended by
16	16	adding Subchapter B to read as follows:
17	17	SUBCHAPTER B. BOND MATTERS AFFECTING MORE THAN ONE TYPE OF
18	18	POLITICAL SUBDIVISION
19	19	Sec. 1251.051. VOTER INFORMATION DOCUMENT. (a) In this
20	20	section:
21	21	(1) "Bond election order" means the order, ordinance,
22	22	or resolution, adopted by the governing body of a political
23	23	subdivision, that orders an election to authorize the political
24	24	subdivision to issue a bond.
25	25	(2) "Political subdivision" means a county,
26	26	municipality, school district, junior college district, other
27	27	special district, or other subdivision of state government.
28	28	(b) This section applies only to a political subdivision
29	29	with at least 250 registered voters on the date the governing body
30	30	of the political subdivision adopts the bond election order.
31	31	(c) A political subdivision must prepare a separate voter
32	32	information document for each proposed issuance of bonds secured by
33	33	and payable from ad valorem taxes before the proposition is
34	34	submitted to the voters for authorization at a bond election. Each
35	35	voter information document must distinctly state:
36	36	(1) the language that will appear on the ballot;
37	37	(2) the purpose for which the bonds are to be
38	38	authorized;
39	39	(3) that taxes sufficient to pay the annual principal
40	40	of and interest on the bonds may be imposed;
41	41	(4) the maximum rate of interest for the bonds to be
42	42	authorized;
43	43	(5) the maturity date of the bonds to be authorized or
44	44	that the bonds may be issued to mature over a specified number of
45	45	years not to exceed the maximum number of years authorized by law;
46	46	(6) the following information as a total amount and,
47	47	if the political subdivision is a municipality, county, or school
48	48	district, as a per capita amount:
49	49	(A) the principal of the bonds to be authorized;
50	50	(B) the estimated interest for the bonds to be
51	51	authorized;
52	52	(C) the estimated combined principal and
53	53	interest required to pay the bonds to be authorized on time and in
54	54	full;
55	55	(D) as of the first day of the political
56	56	subdivision's fiscal year in which the political subdivision adopts
57	57	the bond election order, the principal of all outstanding bonded
58	58	debt of the political subdivision secured by and payable from ad
59	59	valorem taxation;
60	60	(E) as of the first day of the political
61	61	subdivision's fiscal year in which the political subdivision adopts
62	62	the bond election order, the estimated remaining interest of all
63	63	outstanding bonds of the political subdivision secured by and
64	64	payable from ad valorem taxation; and
65	65	(F) as of the first day of the political
66	66	subdivision's fiscal year in which the political subdivision adopts
67	67	the bond election order, the estimated combined principal and
68	68	interest required to pay all outstanding bonds of the political
69	69	subdivision secured by and payable from ad valorem taxation on time
70	70	and in full;
71	71	(7) the ad valorem debt service tax rate expressed in
72	72	dollars per $100 valuation of all taxable property in the political
73	73	subdivision, stated as:
74	74	(A) the existing rate;
75	75	(B) the estimated rate if the bonds are issued;
76	76	and
77	77	(C) the estimated percentage increase in the rate
78	78	if the bonds are issued;
79	79	(8) if the political subdivision is a municipality,
80	80	county, or school district, the amount of the ad valorem debt
81	81	service tax levy of the political subdivision per residence based
82	82	on the current average residential property value in the political
83	83	subdivision, stated as:
84	84	(A) the existing levy;
85	85	(B) the estimated levy if the bonds are issued;
86	86	and
87	87	(C) the estimated percent increase in the levy if
88	88	the bonds are issued;
89	89	(9) the address where a person may submit a request for
90	90	public information to the political subdivision under Chapter 552;
91	91	and
92	92	(10) any other information that the political
93	93	subdivision considers relevant or necessary to explain the values
94	94	required by Subdivisions (4), (5), (6), (7), and (8), including:
95	95	(A) an amount required by Subdivision (6) stated
96	96	as a per capita amount if the political subdivision is not required
97	97	to provide the amount under that subdivision;
98	98	(B) an amount required by Subdivision (8) stated
99	99	as a per residence amount if the political subdivision is not
100	100	required to provide the amount under that subdivision; and
101	101	(C) a value for the following expressed as a
102	102	projection as of the last day of the maximum term of the bonds to be
103	103	authorized:
104	104	(i) a per capita amount required by
105	105	Subdivision (6);
106	106	(ii) an estimated rate required by
107	107	Subdivision (7)(B); and
108	108	(iii) an estimated levy required by
109	109	Subdivision (8)(B).
110	110	(d) Not later than the 21st day before the date of the bond
111	111	election, the political subdivision shall ensure that each voter
112	112	information document described by Subsection (c) is:
113	113	(1) provided to the public in accordance with the
114	114	requirements for a notice of an election under Section 4.003,
115	115	Election Code;
116	116	(2) posted on the political subdivision's Internet
117	117	website until the first day after the date of the bond election; and
118	118	(3) made available to any person in accordance with
119	119	Chapter 552.
120	120	(e) The secretary of state may provide a sample form of a
121	121	voter information document for use by a political subdivision.
122	122	(f) The Texas Ethics Commission shall provide guidelines
123	123	for political subdivisions regarding how to provide additional
124	124	information on a voter information document without violating
125	125	electioneering and political advertising laws, including Section
126	126	255.003, Election Code, and Section 11.169, Education Code.
127	127	(g) A good faith estimate in a voter information document of
128	128	an estimate required by Subsection (c)(6) or an estimate or
129	129	projection authorized by Subsection (c)(10) does not constitute a
130	130	breach of contract with the voters solely because the estimate or
131	131	projection is later determined to be incorrect.
132	132	(h) For the purpose of determining the number of registered
133	133	voters in a political subdivision under Subsection (b), the
134	134	governing body of the political subdivision shall use the best
135	135	available information. The governing body may rely conclusively on
136	136	a list of registered voters in the political subdivision provided
137	137	by the county voter registrar to the political subdivision not
138	138	earlier than the 30th day before the date the bond election order is
139	139	adopted. The county voter registrar shall provide the list of
140	140	registered voters on request of the governing body.
141	141	(i) A political subdivision shall maintain an Internet
142	142	website to comply with this section.
143	143	SECTION 3. (a) Section 1251.051, Government Code, as added
144	144	by this Act, applies only to a bond election ordered on or after
145	145	January 1, 2016. A bond election ordered before January 1, 2016, is
146	146	governed by the law in effect when the bond election was ordered,
147	147	and the former law is continued in effect for that purpose.
148	148	(b) Not later than December 1, 2015, the Texas Ethics
149	149	Commission shall make available on the Texas Ethics Commission's
150	150	Internet website the guidelines required by Section 1251.051(f),
151	151	Government Code, as added by this Act.
152	152	SECTION 4. This Act takes effect September 1, 2015.