Texas 2015 - 84th Regular

Texas Senate Bill SB309 Compare Versions

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1-By: Campbell S.B. No. 309
2- (In the Senate - Filed January 15, 2015; February 2, 2015,
3- read first time and referred to Committee on Finance;
4- April 23, 2015, reported favorably by the following vote: Yeas 12,
5- Nays 0; April 23, 2015, sent to printer.)
6-Click here to see the committee vote
1+By: Campbell, et al. S.B. No. 309
2+ (Murphy, Elkins, Galindo, Bohac)
73
84
95 A BILL TO BE ENTITLED
106 AN ACT
117 relating to public access to boundary, financial, and tax rate
128 information of certain political subdivisions.
139 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1410 SECTION 1. Subchapter A, Chapter 44, Education Code, is
1511 amended by adding Section 44.012 to read as follows:
1612 Sec. 44.012. ANNUAL TRANSMISSION OF INFORMATION TO
1713 COMPTROLLER. The agency shall transmit annually an electronic copy
1814 of each school district's adopted budget and any school district
1915 financial reports filed with and reviewed by the agency under
2016 Section 44.010 for purposes of providing the comptroller with
2117 information to operate and update the Political Subdivision Public
2218 Information Warehouse under Section 403.0241, Government Code. The
2319 agency shall transmit the information in the form prescribed by the
2420 comptroller.
2521 SECTION 2. Subchapter B, Chapter 403, Government Code, is
2622 amended by adding Section 403.0241 to read as follows:
2723 Sec. 403.0241. POLITICAL SUBDIVISION PUBLIC INFORMATION
2824 WAREHOUSE. (a) In this section, "tax year" has the meaning
2925 assigned by Section 1.04, Tax Code.
3026 (b) The comptroller shall create and make accessible on the
3127 Internet a database, to be known as the Political Subdivision
3228 Public Information Warehouse, that contains information regarding
3329 all active political subdivisions of this state that are authorized
3430 by the state by a general or special law to impose an ad valorem or
3531 sales and use tax or to issue bonds, notes, or other obligations.
3632 (c) The warehouse database must include with respect to each
3733 political subdivision described by Subsection (b):
3834 (1) the name of the political subdivision;
3935 (2) the rate of any sales and use tax the political
4036 subdivision imposes;
4137 (3) the table of ad valorem tax rates for the most
4238 recent tax year described by Section 26.16, Tax Code, in the form
4339 required by that section;
4440 (4) the total amount of the political subdivision's
4541 debt, including principal and interest, and the year in which that
4642 debt would be paid in accordance with the current applicable terms;
4743 (5) the political subdivision's Internet website
4844 address or, if the political subdivision does not operate an
4945 Internet website, contact information to enable a member of the
5046 public to obtain information from the political subdivision; and
5147 (6) the Internet website address for the appraisal
5248 district in each county in which the political subdivision has
5349 territory.
5450 (d) The warehouse database may include with respect to each
5551 political subdivision described by Subsection (b) the following
5652 information, or a link to the information, that is provided through
5753 an Internet website maintained by the political subdivision:
5854 (1) information describing the political
5955 subdivision's boundaries;
6056 (2) the political subdivision's budget for its current
6157 fiscal year;
6258 (3) each current check registry published by the
6359 political subdivision's governing body; and
6460 (4) any other current financial audit or annual report
6561 published by the political subdivision's governing body.
6662 (e) The comptroller may consult with the appropriate
6763 officer of, or other person representing, each political
6864 subdivision described by Subsection (b) to obtain the information
6965 necessary to operate and update the warehouse database.
7066 (f) The governing body of a political subdivision that
7167 publishes on the political subdivision's Internet website the
7268 political subdivision's check registry shall provide to the
7369 comptroller the Internet address of the Internet page on which that
7470 registry may be accessed for purposes of Subsection (d)(3).
7571 (g) To the extent information required in the warehouse
7672 database is otherwise collected or maintained by a state agency or
7773 political subdivision, the comptroller may request and the state
7874 agency or political subdivision shall provide that information and
7975 updates to the information as necessary for inclusion in the
8076 warehouse database.
8177 (h) The comptroller shall update information in the
8278 warehouse database regarding the rates of taxes imposed by each
8379 political subdivision described by Subsection (b) at least
8480 annually.
8581 (i) To the extent possible, the comptroller shall present
8682 information in the warehouse database in a manner that is
8783 searchable and intuitive to users. The comptroller may enhance and
8884 organize the presentation of the information through the use of
8985 graphical representations as the comptroller considers
9086 appropriate.
9187 (j) The comptroller may not charge a fee to the public to
9288 access the warehouse database.
9389 (k) The comptroller may establish procedures and adopt
9490 rules to implement this section.
9591 SECTION 3. Chapter 203, Local Government Code, is amended
9692 by adding Subchapter D to read as follows:
9793 SUBCHAPTER D. RECORDS AND INFORMATION PROVIDED TO COMPTROLLER
9894 Sec. 203.061. APPLICABILITY OF SUBCHAPTER. (a) This
9995 subchapter applies only to the following political subdivisions of
10096 this state:
10197 (1) each political subdivision that has authority to
10298 issue general obligation bonds, except as provided by Subsection
10399 (b), including a taxing unit as defined by Section 1.04, Tax Code,
104100 that has authority to issue general obligation bonds; and
105101 (2) each special purpose district or other political
106102 subdivision that has authority to impose a sales tax, including a
107103 taxing entity as defined by Section 322.002, Tax Code.
108104 (b) This subchapter does not apply to a school district.
109105 Sec. 203.062. PROVISION OF CERTAIN RECORDS AND OTHER
110106 INFORMATION TO COMPTROLLER. A political subdivision shall transmit
111107 records and other information specified by this subchapter to the
112108 comptroller annually for purposes of providing the comptroller with
113109 information to operate and update the Political Subdivision Public
114110 Information Warehouse under Section 403.0241, Government Code. The
115111 political subdivision shall transmit the records and other
116112 information in a form and in the manner prescribed by the
117113 comptroller.
118114 Sec. 203.063. BOUNDARIES AND DISSOLUTION RECORDS. (a) A
119115 political subdivision, other than a county or municipality, shall
120116 transmit to the comptroller as provided by Section 203.062 each
121117 information form, map, and plat, and any amendment to an
122118 information form, map, or plat, and each statement regarding the
123119 annexation or consolidation of the political subdivision.
124120 (a-1) A political subdivision that is active on September 1,
125121 2015, shall transmit the information required by Subsection (a) to
126122 the comptroller not later than September 1, 2016. This subsection
127123 expires January 1, 2017.
128124 (b) A political subdivision created on or after September 1,
129125 2015, shall transmit the information required by Subsection (a) to
130126 the comptroller on or before the later of:
131127 (1) September 1, 2016; or
132128 (2) six months after the political subdivision's
133129 creation date.
134130 (c) If after a political subdivision transmits the
135131 information required by Subsection (a) to the comptroller the
136132 political subdivision's boundaries change or the political
137133 subdivision dissolves, the political subdivision shall transmit to
138134 the comptroller as provided by Section 203.062 and as applicable
139135 each information form, map, and plat, and any amendment to an
140136 information form, map, or plat, and each statement regarding the
141137 dissolution, annexation, or consolidation of the district not later
142138 than six months after the date the change in boundaries or
143139 dissolution occurs.
144140 Sec. 203.064. FINANCIAL INFORMATION. A political
145141 subdivision shall transmit to the comptroller as provided by
146142 Section 203.062 the following financial information:
147143 (1) the political subdivision's most recently adopted
148144 annual budget; and
149145 (2) the political subdivision's most recent annual
150146 financial report.
151147 Sec. 203.065. INTERNET WEBSITE. A political subdivision
152148 shall transmit to the comptroller as provided by Section 203.062
153149 the address of the Internet website maintained by the political
154150 subdivision, if any.
155151 SECTION 4. The comptroller of public accounts shall create
156152 and post on the Internet the Political Subdivision Public
157153 Information Warehouse required by Section 403.0241, Government
158154 Code, as added by this Act, not later than December 31, 2017.
159155 SECTION 5. This Act takes effect September 1, 2015.
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