86R1835 ATP-D
By: Swanson H.B. No. 3723
A BILL TO BE ENTITLED
AN ACT
relating to an election authorizing the issuance of bonds or an
increase in taxes by a political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 2, Election Code, is
amended to read as follows:
CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE]
SECTION 2. Chapter 2, Election Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. TURNOUT REQUIREMENTS
Sec. 2.101. POLITICAL SUBDIVISION BOND OR TAX ELECTION. An
election held by a political subdivision to authorize the issuance
of bonds or a tax increase has no effect regarding the issuance of
the bonds or the tax increase unless more than 25 percent of the
registered voters of the political subdivision whose registrations
are effective on the date the governing body of the political
subdivision adopts the election order vote in the election in which
the bond or tax proposition is on the ballot.
SECTION 3. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.0051 to read as follows:
Sec. 41.0051. ELECTION TO ISSUE BONDS OR INCREASE TAXES.
(a) Notwithstanding any other law, an election required for the
issuance of bonds or a tax increase by a political subdivision shall
be held on the November uniform election date.
(b) This section does not apply to an election under Section
26.07 or 26.08, Tax Code.
SECTION 4. Section 85.062, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) In an election held by a political subdivision for which
the ballot includes a proposition seeking voter approval of the
issuance of bonds or a tax increase, a temporary branch polling
place must:
(1) remain at the same location for the entire period
during which early voting by personal appearance is conducted in
the district; and
(2) allow for early voting by personal appearance to
be conducted during the same days and hours as voting is conducted
at the main early voting polling place under Section 85.005.
SECTION 5. Chapter 271, Election Code, is amended by adding
Section 271.015 to read as follows:
Sec. 271.015. JOINT ELECTIONS REQUIRED FOR POLITICAL
SUBDIVISION BOND OR TAX INCREASE APPROVAL. (a) Notwithstanding
any other law, an election authorizing the issuance of bonds or a
tax increase by a political subdivision shall be held as a joint
election under this chapter.
(b) A single ballot containing all the offices or
propositions stating measures to be voted on at a particular
polling place must be used in a joint election required under this
section.
(c) The secretary of state shall prescribe procedures to
implement this section.
SECTION 6. Section 1251.001, Government Code, is amended to
read as follows:
Sec. 1251.001. BOND ELECTION REQUIRED. (a) A political
subdivision [county or municipality] may not issue bonds [that are
to be paid from ad valorem taxes] unless the issuance is first
approved by the qualified voters of the political subdivision
[county or municipality] in an election.
(b) To the extent of a conflict between this section and
another law, this section controls.
SECTION 7. Section 1251.003(d), Government Code, is amended
to read as follows:
(d) In addition to the notice required by Section 4.003(c),
Election Code, notice of the election shall be given by:
(1) posting a substantial copy of the election order
at:
(A) three public places in the political
subdivision [county or municipality] holding the election; and
(B) the county courthouse of any county in which
the political subdivision is located, if the election is held by a
political subdivision other than a municipality [a county
election], or the city hall, if the election is a municipal
election; and
(2) publishing notice of the election in a newspaper
of general circulation published in the political subdivision
[county or municipality] holding the election.
SECTION 8. Section 1251.004, Government Code, is amended to
read as follows:
Sec. 1251.004. IMPOSITION OF TAX. At an election ordered on
the issuance of bonds of a [county or municipality, or of a]
political subdivision or a defined district of a county or
municipality payable from ad valorem taxes, the governing body of
the political subdivision [county or municipality] shall also
submit the question of whether to impose a tax on property in the
[county, municipality,] political subdivision[,] or defined
district to pay interest on the bonds and to provide a sinking fund
to redeem the bonds.
SECTION 9. Section 1251.006, Government Code, is repealed.
SECTION 10. The changes in law made by this Act apply only
to bonds authorized to be issued or a tax increase authorized on or
after the effective date of this Act. Bonds or a tax increase
authorized before the effective date of this Act are governed by the
law in effect when the bonds were authorized, and the former law is
continued in effect for that purpose.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.