Texas 2019 - 86th Regular

Texas House Bill HB3204 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R28415 GCB-D
2		-	By: Sanford, Swanson H.B. No. 3204
3		-	Substitute the following for H.B. No. 3204:
4		-	By: Meyer C.S.H.B. No. 3204
	1	+	86R1357 KKA-D
	2	+	By: Sanford H.B. No. 3204
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the form of ballot propositions and certain voter
10		-	information document requirements for an election seeking
	7	+	relating to the form of ballot propositions in an election seeking
11	8		authorization for the issuance of school district bonds supported
12	9		by property taxes.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14		-	SECTION 1. Subchapter A, Chapter 45, Education Code, is
15		-	amended by adding Sections 45.0032, 45.0033, 45.0034, and 45.0035
16		-	to read as follows:
17		-	Sec. 45.0032. BALLOT LANGUAGE FOR TAX-SUPPORTED BONDS. (a)
18		-	In this section:
19		-	(1) "New infrastructure project" means a project to
20		-	construct, acquire, purchase, or finance new facilities, sites for
21		-	school buildings, other property, or school buses.
22		-	(2) "Replacements and upgrades project" means a
23		-	project other than a new infrastructure project related to
24		-	replacing or upgrading existing facilities, sites for school
25		-	buildings, other property, or school buses.
26		-	(b) A ballot prepared for an election to authorize the
27		-	issuance of bonds described by Section 45.001 may contain not more
28		-	than two propositions as follows:
29		-	(1) a proposition to issue bonds for new
30		-	infrastructure projects that provides for voting for or against
31		-	authorizing the issuance of bonds to support all new infrastructure
32		-	projects listed in the proposition; and
33		-	(2) a proposition to issue bonds for replacements and
34		-	upgrades projects that provides for voting for or against
35		-	authorizing the issuance of bonds to support all replacements and
36		-	upgrades projects listed in the proposition.
37		-	Sec. 45.0033. VOTER INFORMATION DOCUMENT FOR TAX-SUPPORTED
38		-	BONDS. (a) A governing board or commissioners court that calls an
39		-	election under Section 45.003 must prepare a voter information
40		-	document for each proposition to be voted on at the election. The
41		-	governing board or commissioners court shall post the voter
42		-	information document in the same manner that a debt obligation
43		-	election order is required to be posted under Section 4.003(f),
44		-	Election Code, and may include the voter information document in
45		-	the election order. The voter information document must distinctly
46		-	state:
47		-	(1) the language that will appear on the ballot;
48		-	(2) the following information formatted as a table:
49		-	(A) the principal of the bonds to be authorized;
50		-	(B) the estimated interest for the bonds to be
51		-	authorized;
52		-	(C) the estimated combined principal and
53		-	interest required to pay on time and in full the bonds to be
54		-	authorized; and
55		-	(D) as of the date the governing board or
56		-	commissioners court adopts the election order:
57		-	(i) the principal of all outstanding debt
58		-	obligations of the district;
59		-	(ii) the estimated remaining interest on
60		-	all outstanding debt obligations of the district, which may be
61		-	based on the district's expectations relative to the interest due
62		-	on any variable rate debt obligations; and
63		-	(iii) the estimated combined principal and
64		-	interest required to pay on time and in full all outstanding debt
65		-	obligations of the district, which may be based on the district's
66		-	expectations relative to the interest due on any variable rate debt
67		-	obligations;
68		-	(3) the estimated maximum annual increase in the
69		-	amount of taxes that would be imposed on a residence homestead in
70		-	the district with an appraised value of $100,000 to repay the debt
71		-	obligations to be authorized, if approved, based upon assumptions
72		-	made by the governing board or commissioners court;
73		-	(4) for each proposed project included in a
74		-	proposition to issue bonds:
75		-	(A) a visual depiction of the design or concept
76		-	of each proposed project;
77		-	(B) a statement of the needs to be addressed by
78		-	each proposed project and how the project will address those needs;
79		-	(C) a detailed description of any equipment to be
80		-	purchased for the proposed project, the number of individual pieces
81		-	of equipment to be purchased, and the cost of each individual piece
82		-	of equipment; and
83		-	(D) a statement of the projected effect of each
84		-	proposed project regarding existing facilities of the district,
85		-	including, as applicable, the projected effect on class size ratios
86		-	in the district or the number of school events that may be supported
87		-	by the project;
88		-	(5) for a new infrastructure project listed in a
89		-	proposition described under Section 45.0032(b)(1), other than a
90		-	project for the acquisition, purchase, or financing of school
91		-	buses, the geographic location proposed for the project; and
92		-	(6) any other information that the governing board or
93		-	commissioners court considers relevant or necessary to explain the
94		-	information required by this subsection.
95		-	(b) The governing board or commissioners court may not
96		-	include in the voter information document required under this
97		-	section information regarding the geographic location for a
98		-	replacements and upgrades project listed in a proposition described
99		-	by Section 45.0032(b)(2).
100		-	(c) The governing board or commissioners court shall
101		-	identify in the election order the major assumptions made in
102		-	connection with the statement required by Subsection (a)(3),
103		-	including:
104		-	(1) the amortization of the district's debt
105		-	obligations, including outstanding debt obligations and the debt
106		-	obligations for the proposed bonds;
107		-	(2) changes in estimated future appraised values
108		-	within the district; and
109		-	(3) the assumed interest rate on the proposed bonds.
110		-	(d) A district that maintains an Internet website shall
111		-	provide the information described by Subsection (a) on its website
112		-	in an easily accessible manner beginning not later than the 21st day
113		-	before election day and ending on the day after the date of the
114		-	election.
115		-	Sec. 45.0034. NOTICE REQUIREMENTS: ISSUANCE OF
116		-	CERTIFICATES OF OBLIGATION ON TAX-SUPPORTED BONDS. (a) In
117		-	addition to the requirements provided under Section 271.049, Local
118		-	Government Code, a district that issues a certificate of obligation
119		-	on bonds described by Section 45.001 must comply with the
120		-	additional notice requirements provided by this section.
121		-	(b) A district that maintains an Internet website shall
122		-	publish notice of the district's intention to issue the
123		-	certificates on the district's website for at least 45 days before
124		-	the date tentatively set for the passage of the resolution or order
125		-	authorizing the issuance of the certificate.
126		-	(c) The notice of a district's issuance of certificates of
127		-	obligation on bonds described by Section 45.001 must state the
128		-	following:
129		-	(1) the then-current principal of all outstanding debt
130		-	obligations of the district;
131		-	(2) the then-current combined principal and interest
132		-	required to pay all outstanding debt obligations of the district on
133		-	time and in full, which may be based on the district's expectations
134		-	relative to the interest due on any variable rate debt obligations;
135		-	(3) the maximum principal amount of the certificates
136		-	to be authorized;
137		-	(4) the estimated combined principal and interest
138		-	required to pay the certificates to be authorized on time and in
139		-	full;
140		-	(5) the estimated interest rate for the certificates
141		-	to be authorized or that the maximum interest rate for the
142		-	certificates may not exceed the maximum legal interest rate; and
143		-	(6) the maximum maturity date of the certificates to
144		-	be authorized.
145		-	Sec. 45.0035. CONFLICT OF LAW. (a) Sections 45.0032 and
146		-	45.0033 provide the ballot proposition language and voter
147		-	information document requirements for an election to authorize the
148		-	issuance of bonds described by Section 45.001. To the extent of a
149		-	conflict between a provision of this subchapter and another law
150		-	applicable to the ballot proposition language or voter information
151		-	document requirements for an election to authorize the issuance of
152		-	bonds, this subchapter controls.
153		-	(b) An officer or employee of a governing board who, in
154		-	compliance with Section 45.0033, provides the information required
155		-	in a voter information document under that section does not violate
156		-	Section 255.003(b-1), Election Code, regardless of whether the
157		-	information provided is sufficiently substantial and important as
158		-	to be reasonably likely to influence a voter to vote for or against
159		-	the measure.
160		-	SECTION 2. (a) The changes in law made by this Act to
161		-	Chapter 45, Education Code, apply only to a ballot for an election
162		-	ordered on or after the effective date of this Act. An election
163		-	ordered before the effective date of this Act is governed by the law
164		-	in effect when the election was ordered, and the former law is
165		-	continued in effect for that purpose.
166		-	(b) Section 45.0034, Education Code, as added by this Act,
167		-	applies only to a certificate of obligation for which the first
168		-	notice of intention to issue the certificate is made on or after the
169		-	effective date of this Act. A certificate of obligation for which
170		-	the first notice of intention to issue the certificate is made
171		-	before the effective date of this Act is governed by the law in
172		-	effect when the notice of intention is made, and the former law is
173		-	continued in effect for that purpose.
	11	+	SECTION 1. Section 45.003, Education Code, is amended by
	12	+	adding Subsection (a-1) to read as follows:
	13	+	(a-1) The governing board or commissioners court may not
	14	+	include more than one project in any proposition submitted to
	15	+	authorize the issuance of bonds.
	16	+	SECTION 2. The change in law made by this Act applies only
	17	+	to an election ordered on or after the effective date of this Act.
	18	+	An election ordered before the effective date of this Act is
	19	+	governed by the law in effect when the election was ordered.
174	20		SECTION 3. This Act takes effect September 1, 2019.