Texas 2017 - 85th Regular

Texas Senate Bill SB2091 Compare Versions

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

Old	New	Differences
1	1	By: Hall S.B. No. 2091
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to an election authorizing the issuance of bonds or an
7	7	increase in taxes by a political subdivision.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 2, Election Code, is
10	10	amended to read as follows:
11	11	CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE]
12	12	SECTION 2. Chapter 2, Election Code, is amended by adding
13	13	Subchapter E to read as follows:
14	14	SUBCHAPTER E. TURNOUT REQUIREMENTS
15	15	Sec. 2.101. POLITICAL SUBDIVISION BOND OR TAX ELECTION. An
16	16	election held by a political subdivision to authorize the issuance
17	17	of bonds or a tax increase has no effect regarding the issuance of
18	18	the bonds or the tax increase unless more than 25 percent of the
19	19	registered voters of the political subdivision vote in the election
20	20	in which the bond or tax proposition is on the ballot.
21	21	SECTION 3. Section 85.062, Election Code, is amended by
22	22	adding Subsection (h) to read as follows:
23	23	(h) In an election held by a political subdivision for which
24	24	the ballot includes a proposition seeking voter approval of the
25	25	issuance of bonds or a tax increase, a temporary branch polling
26	26	place must:
27	27	(1) remain at the same location for the entire period
28	28	during which early voting by personal appearance is conducted in
29	29	the district; and
30	30	(2) allow for early voting by personal appearance to
31	31	be conducted during the same days and hours as voting is conducted
32	32	at the main early voting polling place under Section 85.005.
33	33	SECTION 4. Chapter 271, Election Code, is amended by adding
34	34	Section 271.015 to read as follows:
35	35	Sec. 271.015. JOINT ELECTIONS REQUIRED FOR POLITICAL
36	36	SUBDIVISION BOND OR TAX INCREASE APPROVAL. (a) Notwithstanding
37	37	any other law, an election authorizing the issuance of bonds or a
38	38	tax increase by a political subdivision shall be held as a joint
39	39	election under this chapter.
40	40	(b) A single ballot containing all the offices or
41	41	propositions stating measures to be voted on at a particular
42	42	polling place must be used in a joint election required under this
43	43	section.
44	44	(c) The secretary of state shall prescribe procedures to
45	45	implement this section.
46	46	SECTION 5. Section 1251.001, Government Code, is amended to
47	47	read as follows:
48	48	Sec. 1251.001. BOND ELECTION REQUIRED. (a) A political
49	49	subdivision [county or municipality] may not issue bonds [that are
50	50	to be paid from ad valorem taxes] unless the issuance is first
51	51	approved by the qualified voters of the political subdivision
52	52	[county or municipality] in an election.
53	53	(b) To the extent of a conflict between this section and
54	54	another law, this section controls.
55	55	SECTION 6. Section 1251.003(d), Government Code, is amended
56	56	to read as follows:
57	57	(d) In addition to the notice required by Section 4.003(c),
58	58	Election Code, notice of the election shall be given by:
59	59	(1) posting a substantial copy of the election order
60	60	at:
61	61	(A) three public places in the political
62	62	subdivision [county or municipality] holding the election; and
63	63	(B) the county courthouse of any county in which
64	64	the political subdivision is located, if the election is held by a
65	65	political subdivision other than a municipality [a county
66	66	election], or the city hall, if the election is a municipal
67	67	election; and
68	68	(2) publishing notice of the election in a newspaper
69	69	of general circulation published in the political subdivision
70	70	[county or municipality] holding the election.
71	71	SECTION 7. Section 1251.004, Government Code, is amended to
72	72	read as follows:
73	73	Sec. 1251.004. IMPOSITION OF TAX. At an election ordered on
74	74	the issuance of bonds of a [county or municipality, or of a]
75	75	political subdivision or a defined district of a county or
76	76	municipality payable from ad valorem taxes, the governing body of
77	77	the political subdivision [county or municipality] shall also
78	78	submit the question of whether to impose a tax on property in the
79	79	[county, municipality,] political subdivision[,] or defined
80	80	district to pay interest on the bonds and to provide a sinking fund
81	81	to redeem the bonds.
82	82	SECTION 8. Section 1251.006, Government Code, is repealed.
83	83	SECTION 9. The changes in law made by this Act apply only to
84	84	bonds authorized to be issued or a tax increase authorized on or
85	85	after the effective date of this Act. Bonds or a tax increase
86	86	authorized before the effective date of this Act are governed by the
87	87	law in effect when the bonds were authorized, and the former law is
88	88	continued in effect for that purpose.
89	89	SECTION 10. This Act takes effect immediately if it
90	90	receives a vote of two-thirds of all the members elected to each
91	91	house, as provided by Section 39, Article III, Texas Constitution.
92	92	If this Act does not receive the vote necessary for immediate
93	93	effect, this Act takes effect September 1, 2017.