Texas 2017 - 85th Regular

Texas Senate Bill SB387 Compare Versions

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11 85R4428 TJB-D
22 By: Burton S.B. No. 387
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the use of certain unspent bond proceeds and voter
88 approval of certain political subdivision actions, including the
99 issuance of certain bonds and the use of certain unspent bond
1010 proceeds.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 52.072(e), Election Code, is amended to
1313 read as follows:
1414 (e) In addition to any other requirement imposed by law for
1515 a proposition, including a provision prescribing the proposition
1616 language, a proposition submitted to the voters by a political
1717 subdivision for approval of the issuance of bonds or the
1818 imposition, increase, or reduction of a tax shall specifically
1919 state, as applicable:
2020 (1) with respect to a proposition seeking voter
2121 approval of the issuance of bonds:
2222 (A) the total principal amount of the bonds to be
2323 authorized, if approved; and
2424 (B) each specific purpose [a general description
2525 of the purposes] for which the bonds are to be authorized, if
2626 approved;
2727 (2) with respect to a proposition that only seeks
2828 voter approval of the imposition or increase of a tax, the amount of
2929 or maximum tax rate of the tax or tax increase for which approval is
3030 sought; or
3131 (3) with respect to a proposition that only seeks
3232 voter approval of the reduction of a tax, the amount of tax rate
3333 reduction or the tax rate for which approval is sought.
3434 SECTION 2. Subtitle C, Title 9, Government Code, is amended
3535 by adding Chapter 1253 to read as follows:
3636 CHAPTER 1253. USE OF BOND PROCEEDS BY POLITICAL SUBDIVISIONS FOR
3737 OTHER PURPOSES
3838 Sec. 1253.001. DEFINITION. In this chapter, "political
3939 subdivision" means a county, municipality, school district, junior
4040 college district, other special district, or other subdivision of
4141 state government.
4242 Sec. 1253.002. USE OF UNSPENT GENERAL OBLIGATION BOND
4343 PROCEEDS. A political subdivision may use the unspent proceeds of
4444 issued general obligation bonds only:
4545 (1) for the specific purpose for which the bonds were
4646 issued;
4747 (2) to retire the bonds; or
4848 (3) for a purpose other than the specific purpose for
4949 which the bonds were issued if:
5050 (A) the specific purpose is accomplished or
5151 abandoned; and
5252 (B) a majority of the votes cast in an election
5353 held in the political subdivision approve the use of the proceeds
5454 for the proposed purpose.
5555 Sec. 1253.003. ELECTION PROCEDURES. (a) The election
5656 order and the notice of election for an election authorized to be
5757 held under Section 1253.002 must state the proposed purpose for
5858 which the bond proceeds are to be used.
5959 (b) A political subdivision must hold the election in the
6060 same manner as an election to issue bonds in the political
6161 subdivision.
6262 SECTION 3. Chapter 1332, Government Code, is repealed.
6363 SECTION 4. Section 52.072(e), Election Code, as amended by
6464 this Act, applies only to an election ordered on or after the
6565 effective date of this Act. An election ordered before the
6666 effective date of this Act is governed by the law in effect when the
6767 election was ordered.
6868 SECTION 5. This Act takes effect January 1, 2018.