84R6685 TJB-F
By: Murphy H.B. No. 1647
A BILL TO BE ENTITLED
AN ACT
relating to voter information provided by political subdivisions
before an election to authorize the issuance of bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1251, Government Code, is amended by
designating Sections 1251.001, 1251.002, 1251.003, 1251.004,
1251.005, and 1251.006 as Subchapter A and adding a heading to
Subchapter A to read as follows:
SUBCHAPTER A. BOND MATTERS AFFECTING COUNTIES AND MUNICIPALITIES
SECTION 2. Chapter 1251, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. BOND MATTERS AFFECTING MORE THAN ONE TYPE OF
POLITICAL SUBDIVISION
Sec. 1251.051. VOTER INFORMATION DOCUMENT. (a) In this
section:
(1) "Bond election order" means the order, ordinance,
or resolution, adopted by the governing body of a political
subdivision, that orders an election to authorize the political
subdivision to issue a bond.
(2) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
(b) This section applies only to a political subdivision
with at least 250 registered voters on the date the governing body
of the political subdivision adopts the bond election order.
(c) A political subdivision must prepare a separate voter
information document for each proposed issuance of bonds secured by
and payable from ad valorem taxes before the proposition is
submitted to the voters for authorization at a bond election. Each
voter information document must distinctly state:
(1) the language that will appear on the ballot;
(2) the purpose for which the bonds are to be
authorized;
(3) that taxes sufficient to pay the annual principal
of and interest on the bonds may be imposed;
(4) the maximum rate of interest for the bonds to be
authorized;
(5) the maturity date of the bonds to be authorized or
that the bonds may be issued to mature over a specified number of
years not to exceed the maximum number of years authorized by law;
(6) the following information as a total amount and,
if the political subdivision is a municipality, county, or school
district, as a per capita amount:
(A) the principal of the bonds to be authorized;
(B) the estimated interest for the bonds to be
authorized;
(C) the estimated combined principal and
interest required to pay the bonds to be authorized on time and in
full;
(D) as of the first day of the political
subdivision's fiscal year in which the political subdivision adopts
the bond election order, the principal of all outstanding bonded
debt of the political subdivision secured by and payable from ad
valorem taxation;
(E) as of the first day of the political
subdivision's fiscal year in which the political subdivision adopts
the bond election order, the estimated remaining interest of all
outstanding bonds of the political subdivision secured by and
payable from ad valorem taxation; and
(F) as of the first day of the political
subdivision's fiscal year in which the political subdivision adopts
the bond election order, the estimated combined principal and
interest required to pay all outstanding bonds of the political
subdivision secured by and payable from ad valorem taxation on time
and in full;
(7) the ad valorem debt service tax rate expressed in
dollars per $100 valuation of all taxable property in the political
subdivision, stated as:
(A) the existing rate;
(B) the estimated rate if the bonds are issued;
and
(C) the estimated percentage increase in the rate
if the bonds are issued;
(8) if the political subdivision is a municipality,
county, or school district, the amount of the ad valorem debt
service tax levy of the political subdivision per residence based
on the current average residential property value in the political
subdivision, stated as:
(A) the existing levy;
(B) the estimated levy if the bonds are issued;
and
(C) the estimated percent increase in the levy if
the bonds are issued;
(9) the address where a person may submit a request for
public information to the political subdivision under Chapter 552;
and
(10) any other information that the political
subdivision considers relevant or necessary to explain the values
required by Subdivisions (4), (5), (6), (7), and (8), including:
(A) an amount required by Subdivision (6) stated
as a per capita amount if the political subdivision is not required
to provide the amount under that subdivision;
(B) an amount required by Subdivision (8) stated
as a per residence amount if the political subdivision is not
required to provide the amount under that subdivision; and
(C) a value for the following expressed as a
projection as of the last day of the maximum term of the bonds to be
authorized:
(i) a per capita amount required by
Subdivision (6);
(ii) an estimated rate required by
Subdivision (7)(B); and
(iii) an estimated levy required by
Subdivision (8)(B).
(d) Not later than the 21st day before the date of the bond
election, the political subdivision shall ensure that each voter
information document described by Subsection (c) is:
(1) provided to the public in accordance with the
requirements for a notice of an election under Section 4.003,
Election Code;
(2) posted on the political subdivision's Internet
website until the first day after the date of the bond election; and
(3) made available to any person in accordance with
Chapter 552.
(e) The secretary of state may provide a sample form of a
voter information document for use by a political subdivision.
(f) The Texas Ethics Commission shall provide guidelines
for political subdivisions regarding how to provide additional
information on a voter information document without violating
electioneering and political advertising laws, including Section
255.003, Election Code, and Section 11.169, Education Code.
(g) A good faith estimate in a voter information document of
an estimate required by Subsection (c)(6) or an estimate or
projection authorized by Subsection (c)(10) does not constitute a
breach of contract with the voters solely because the estimate or
projection is later determined to be incorrect.
(h) For the purpose of determining the number of registered
voters in a political subdivision under Subsection (b), the
governing body of the political subdivision shall use the best
available information. The governing body may rely conclusively on
a list of registered voters in the political subdivision provided
by the county voter registrar to the political subdivision not
earlier than the 30th day before the date the bond election order is
adopted. The county voter registrar shall provide the list of
registered voters on request of the governing body.
(i) A political subdivision shall maintain an Internet
website to comply with this section.
SECTION 3. (a) Section 1251.051, Government Code, as added
by this Act, applies only to a bond election ordered on or after
January 1, 2016. A bond election ordered before January 1, 2016, is
governed by the law in effect when the bond election was ordered,
and the former law is continued in effect for that purpose.
(b) Not later than December 1, 2015, the Texas Ethics
Commission shall make available on the Texas Ethics Commission's
Internet website the guidelines required by Section 1251.051(f),
Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2015.