Texas 2017 - 85th Regular

Texas House Bill HB1773 Compare Versions

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

Old	New	Differences
1	1	85R8366 ATP-D
2	2	By: Swanson H.B. No. 1773
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an election authorizing the issuance of bonds or an
8	8	increase in taxes by a political subdivision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 2, Election Code, is
11	11	amended to read as follows:
12	12	CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE]
13	13	SECTION 2. Chapter 2, Election Code, is amended by adding
14	14	Subchapter E to read as follows:
15	15	SUBCHAPTER E. TURNOUT REQUIREMENTS
16	16	Sec. 2.101. POLITICAL SUBDIVISION BOND OR TAX ELECTION. An
17	17	election held by a political subdivision to authorize the issuance
18	18	of bonds or a tax increase has no effect regarding the issuance of
19	19	the bonds or the tax increase unless more than 25 percent of the
20	20	registered voters of the political subdivision vote in the election
21	21	in which the bond or tax proposition is on the ballot.
22	22	SECTION 3. Subchapter A, Chapter 41, Election Code, is
23	23	amended by adding Section 41.0051 to read as follows:
24	24	Sec. 41.0051. ELECTION TO ISSUE BONDS OR INCREASE TAXES.
25	25	Notwithstanding any other law, an election required for the
26	26	issuance of bonds or a tax increase by a political subdivision shall
27	27	be held on the November uniform election date.
28	28	SECTION 4. Section 85.062, Election Code, is amended by
29	29	adding Subsection (h) to read as follows:
30	30	(h) In an election held by a political subdivision for which
31	31	the ballot includes a proposition seeking voter approval of the
32	32	issuance of bonds or a tax increase, a temporary branch polling
33	33	place must:
34	34	(1) remain at the same location for the entire period
35	35	during which early voting by personal appearance is conducted in
36	36	the district; and
37	37	(2) allow for early voting by personal appearance to
38	38	be conducted during the same days and hours as voting is conducted
39	39	at the main early voting polling place under Section 85.005.
40	40	SECTION 5. Chapter 271, Election Code, is amended by adding
41	41	Section 271.015 to read as follows:
42	42	Sec. 271.015. JOINT ELECTIONS REQUIRED FOR POLITICAL
43	43	SUBDIVISION BOND OR TAX INCREASE APPROVAL. (a) Notwithstanding
44	44	any other law, an election authorizing the issuance of bonds or a
45	45	tax increase by a political subdivision shall be held as a joint
46	46	election under this chapter.
47	47	(b) A single ballot containing all the offices or
48	48	propositions stating measures to be voted on at a particular
49	49	polling place must be used in a joint election required under this
50	50	section.
51	51	(c) The secretary of state shall prescribe procedures to
52	52	implement this section.
53	53	SECTION 6. Section 1251.001, Government Code, is amended to
54	54	read as follows:
55	55	Sec. 1251.001. BOND ELECTION REQUIRED. (a) A political
56	56	subdivision [county or municipality] may not issue bonds [that are
57	57	to be paid from ad valorem taxes] unless the issuance is first
58	58	approved by the qualified voters of the political subdivision
59	59	[county or municipality] in an election.
60	60	(b) To the extent of a conflict between this section and
61	61	another law, this section controls.
62	62	SECTION 7. Section 1251.003(d), Government Code, is amended
63	63	to read as follows:
64	64	(d) In addition to the notice required by Section 4.003(c),
65	65	Election Code, notice of the election shall be given by:
66	66	(1) posting a substantial copy of the election order
67	67	at:
68	68	(A) three public places in the political
69	69	subdivision [county or municipality] holding the election; and
70	70	(B) the county courthouse of any county in which
71	71	the political subdivision is located, if the election is held by a
72	72	political subdivision other than a municipality [a county
73	73	election], or the city hall, if the election is a municipal
74	74	election; and
75	75	(2) publishing notice of the election in a newspaper
76	76	of general circulation published in the political subdivision
77	77	[county or municipality] holding the election.
78	78	SECTION 8. Section 1251.004, Government Code, is amended to
79	79	read as follows:
80	80	Sec. 1251.004. IMPOSITION OF TAX. At an election ordered on
81	81	the issuance of bonds of a [county or municipality, or of a]
82	82	political subdivision or a defined district of a county or
83	83	municipality payable from ad valorem taxes, the governing body of
84	84	the political subdivision [county or municipality] shall also
85	85	submit the question of whether to impose a tax on property in the
86	86	[county, municipality,] political subdivision[,] or defined
87	87	district to pay interest on the bonds and to provide a sinking fund
88	88	to redeem the bonds.
89	89	SECTION 9. Section 1251.006, Government Code, is repealed.
90	90	SECTION 10. The changes in law made by this Act apply only
91	91	to bonds authorized to be issued or a tax increase authorized on or
92	92	after the effective date of this Act. Bonds or a tax increase
93	93	authorized before the effective date of this Act are governed by the
94	94	law in effect when the bonds were authorized, and the former law is
95	95	continued in effect for that purpose.
96	96	SECTION 11. This Act takes effect immediately if it
97	97	receives a vote of two-thirds of all the members elected to each
98	98	house, as provided by Section 39, Article III, Texas Constitution.
99	99	If this Act does not receive the vote necessary for immediate
100	100	effect, this Act takes effect September 1, 2017.