Texas 2019 - 86th Regular

Texas House Bill HB3723 Compare Versions

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

Old	New	Differences
1	1	86R1835 ATP-D
2	2	By: Swanson H.B. No. 3723
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an election authorizing the issuance of bonds or an
8	8	increase in taxes by a political subdivision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 2, Election Code, is
11	11	amended to read as follows:
12	12	CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE]
13	13	SECTION 2. Chapter 2, Election Code, is amended by adding
14	14	Subchapter E to read as follows:
15	15	SUBCHAPTER E. TURNOUT REQUIREMENTS
16	16	Sec. 2.101. POLITICAL SUBDIVISION BOND OR TAX ELECTION. An
17	17	election held by a political subdivision to authorize the issuance
18	18	of bonds or a tax increase has no effect regarding the issuance of
19	19	the bonds or the tax increase unless more than 25 percent of the
20	20	registered voters of the political subdivision whose registrations
21	21	are effective on the date the governing body of the political
22	22	subdivision adopts the election order vote in the election in which
23	23	the bond or tax proposition is on the ballot.
24	24	SECTION 3. Subchapter A, Chapter 41, Election Code, is
25	25	amended by adding Section 41.0051 to read as follows:
26	26	Sec. 41.0051. ELECTION TO ISSUE BONDS OR INCREASE TAXES.
27	27	(a) Notwithstanding any other law, an election required for the
28	28	issuance of bonds or a tax increase by a political subdivision shall
29	29	be held on the November uniform election date.
30	30	(b) This section does not apply to an election under Section
31	31	26.07 or 26.08, Tax Code.
32	32	SECTION 4. Section 85.062, Election Code, is amended by
33	33	adding Subsection (h) to read as follows:
34	34	(h) In an election held by a political subdivision for which
35	35	the ballot includes a proposition seeking voter approval of the
36	36	issuance of bonds or a tax increase, a temporary branch polling
37	37	place must:
38	38	(1) remain at the same location for the entire period
39	39	during which early voting by personal appearance is conducted in
40	40	the district; and
41	41	(2) allow for early voting by personal appearance to
42	42	be conducted during the same days and hours as voting is conducted
43	43	at the main early voting polling place under Section 85.005.
44	44	SECTION 5. Chapter 271, Election Code, is amended by adding
45	45	Section 271.015 to read as follows:
46	46	Sec. 271.015. JOINT ELECTIONS REQUIRED FOR POLITICAL
47	47	SUBDIVISION BOND OR TAX INCREASE APPROVAL. (a) Notwithstanding
48	48	any other law, an election authorizing the issuance of bonds or a
49	49	tax increase by a political subdivision shall be held as a joint
50	50	election under this chapter.
51	51	(b) A single ballot containing all the offices or
52	52	propositions stating measures to be voted on at a particular
53	53	polling place must be used in a joint election required under this
54	54	section.
55	55	(c) The secretary of state shall prescribe procedures to
56	56	implement this section.
57	57	SECTION 6. Section 1251.001, Government Code, is amended to
58	58	read as follows:
59	59	Sec. 1251.001. BOND ELECTION REQUIRED. (a) A political
60	60	subdivision [county or municipality] may not issue bonds [that are
61	61	to be paid from ad valorem taxes] unless the issuance is first
62	62	approved by the qualified voters of the political subdivision
63	63	[county or municipality] in an election.
64	64	(b) To the extent of a conflict between this section and
65	65	another law, this section controls.
66	66	SECTION 7. Section 1251.003(d), Government Code, is amended
67	67	to read as follows:
68	68	(d) In addition to the notice required by Section 4.003(c),
69	69	Election Code, notice of the election shall be given by:
70	70	(1) posting a substantial copy of the election order
71	71	at:
72	72	(A) three public places in the political
73	73	subdivision [county or municipality] holding the election; and
74	74	(B) the county courthouse of any county in which
75	75	the political subdivision is located, if the election is held by a
76	76	political subdivision other than a municipality [a county
77	77	election], or the city hall, if the election is a municipal
78	78	election; and
79	79	(2) publishing notice of the election in a newspaper
80	80	of general circulation published in the political subdivision
81	81	[county or municipality] holding the election.
82	82	SECTION 8. Section 1251.004, Government Code, is amended to
83	83	read as follows:
84	84	Sec. 1251.004. IMPOSITION OF TAX. At an election ordered on
85	85	the issuance of bonds of a [county or municipality, or of a]
86	86	political subdivision or a defined district of a county or
87	87	municipality payable from ad valorem taxes, the governing body of
88	88	the political subdivision [county or municipality] shall also
89	89	submit the question of whether to impose a tax on property in the
90	90	[county, municipality,] political subdivision[,] or defined
91	91	district to pay interest on the bonds and to provide a sinking fund
92	92	to redeem the bonds.
93	93	SECTION 9. Section 1251.006, Government Code, is repealed.
94	94	SECTION 10. The changes in law made by this Act apply only
95	95	to bonds authorized to be issued or a tax increase authorized on or
96	96	after the effective date of this Act. Bonds or a tax increase
97	97	authorized before the effective date of this Act are governed by the
98	98	law in effect when the bonds were authorized, and the former law is
99	99	continued in effect for that purpose.
100	100	SECTION 11. This Act takes effect immediately if it
101	101	receives a vote of two-thirds of all the members elected to each
102	102	house, as provided by Section 39, Article III, Texas Constitution.
103	103	If this Act does not receive the vote necessary for immediate
104	104	effect, this Act takes effect September 1, 2019.