1 | 1 | | 85R4428 TJB-D |
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2 | 2 | | By: Burton S.B. No. 387 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the use of certain unspent bond proceeds and voter |
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8 | 8 | | approval of certain political subdivision actions, including the |
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9 | 9 | | issuance of certain bonds and the use of certain unspent bond |
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10 | 10 | | proceeds. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 52.072(e), Election Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (e) In addition to any other requirement imposed by law for |
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15 | 15 | | a proposition, including a provision prescribing the proposition |
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16 | 16 | | language, a proposition submitted to the voters by a political |
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17 | 17 | | subdivision for approval of the issuance of bonds or the |
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18 | 18 | | imposition, increase, or reduction of a tax shall specifically |
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19 | 19 | | state, as applicable: |
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20 | 20 | | (1) with respect to a proposition seeking voter |
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21 | 21 | | approval of the issuance of bonds: |
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22 | 22 | | (A) the total principal amount of the bonds to be |
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23 | 23 | | authorized, if approved; and |
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24 | 24 | | (B) each specific purpose [a general description |
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25 | 25 | | of the purposes] for which the bonds are to be authorized, if |
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26 | 26 | | approved; |
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27 | 27 | | (2) with respect to a proposition that only seeks |
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28 | 28 | | voter approval of the imposition or increase of a tax, the amount of |
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29 | 29 | | or maximum tax rate of the tax or tax increase for which approval is |
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30 | 30 | | sought; or |
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31 | 31 | | (3) with respect to a proposition that only seeks |
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32 | 32 | | voter approval of the reduction of a tax, the amount of tax rate |
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33 | 33 | | reduction or the tax rate for which approval is sought. |
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34 | 34 | | SECTION 2. Subtitle C, Title 9, Government Code, is amended |
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35 | 35 | | by adding Chapter 1253 to read as follows: |
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36 | 36 | | CHAPTER 1253. USE OF BOND PROCEEDS BY POLITICAL SUBDIVISIONS FOR |
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37 | 37 | | OTHER PURPOSES |
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38 | 38 | | Sec. 1253.001. DEFINITION. In this chapter, "political |
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39 | 39 | | subdivision" means a county, municipality, school district, junior |
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40 | 40 | | college district, other special district, or other subdivision of |
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41 | 41 | | state government. |
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42 | 42 | | Sec. 1253.002. USE OF UNSPENT GENERAL OBLIGATION BOND |
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43 | 43 | | PROCEEDS. A political subdivision may use the unspent proceeds of |
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44 | 44 | | issued general obligation bonds only: |
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45 | 45 | | (1) for the specific purpose for which the bonds were |
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46 | 46 | | issued; |
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47 | 47 | | (2) to retire the bonds; or |
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48 | 48 | | (3) for a purpose other than the specific purpose for |
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49 | 49 | | which the bonds were issued if: |
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50 | 50 | | (A) the specific purpose is accomplished or |
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51 | 51 | | abandoned; and |
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52 | 52 | | (B) a majority of the votes cast in an election |
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53 | 53 | | held in the political subdivision approve the use of the proceeds |
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54 | 54 | | for the proposed purpose. |
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55 | 55 | | Sec. 1253.003. ELECTION PROCEDURES. (a) The election |
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56 | 56 | | order and the notice of election for an election authorized to be |
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57 | 57 | | held under Section 1253.002 must state the proposed purpose for |
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58 | 58 | | which the bond proceeds are to be used. |
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59 | 59 | | (b) A political subdivision must hold the election in the |
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60 | 60 | | same manner as an election to issue bonds in the political |
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61 | 61 | | subdivision. |
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62 | 62 | | SECTION 3. Chapter 1332, Government Code, is repealed. |
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63 | 63 | | SECTION 4. Section 52.072(e), Election Code, as amended by |
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64 | 64 | | this Act, applies only to an election ordered on or after the |
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65 | 65 | | effective date of this Act. An election ordered before the |
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66 | 66 | | effective date of this Act is governed by the law in effect when the |
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67 | 67 | | election was ordered. |
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68 | 68 | | SECTION 5. This Act takes effect January 1, 2018. |
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