By: Murphy, Paul, Metcalf, H.B. No. 477
González of El Paso
A BILL TO BE ENTITLED
AN ACT
relating to the notice required before the issuance of certain debt
obligations by political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.009, Election Code, is amended to read
as follows:
Sec. 3.009. CONTENTS OF DEBT OBLIGATION ELECTION ORDER.
(a) In this section, "debt obligation" means an issued public
security, as defined by Section 1201.002, Government Code, that is
secured by and payable from ad valorem taxes. The term does not
include public securities that are designated as self-supporting by
the political subdivision issuing the securities.
(b) The document ordering an election to authorize a
political subdivision to issue debt obligations must distinctly
state:
(1) the proposition language that will appear on the
ballot;
(2) the purpose for which the debt obligations are to
be authorized;
(3) the principal amount of the debt obligations to be
authorized;
(4) that taxes sufficient to pay the [annual]
principal of and interest on the debt obligations may be imposed;
(5) a statement of the estimated tax rate if the debt
obligations are authorized or of the maximum interest rate of the
debt obligations or any series of the debt obligations, based on the
market conditions at the time of the election order;
(6) the maximum maturity date of the debt obligations
to be authorized or that the debt obligations may be issued to
mature over a specified number of years not to exceed the maximum
number of years authorized by law [40];
(7) the aggregate amount of the outstanding principal
of the political subdivision's debt obligations as of the date
[beginning of the political subdivision's fiscal year in which] the
election is ordered;
(8) the aggregate amount of the outstanding interest
on debt obligations of the political subdivision as of the date
[beginning of the political subdivision's fiscal year in which] the
election is ordered, which may be based on the political
subdivision's expectations relative to variable rate debt
obligations; and
(9) the ad valorem debt service tax rate for the
political subdivision at the time the election is ordered,
expressed as an amount per $100 valuation of taxable property.
SECTION 2. Section 52.072, Election Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) In addition to any other requirement imposed by law for
a proposition, including a provision prescribing the proposition
language, a proposition submitted to the voters for approval of
[the issuance of bonds or] the imposition, increase, or reduction
of a tax shall specifically state, as applicable:
(1) [with respect to a proposition seeking voter
approval of the issuance of bonds:
[(A) the total principal amount of the bonds to
be authorized, if approved; and
[(B) a general description of the purposes for
which the bonds are to be authorized, if approved;
[(2)] with respect to a proposition that only seeks
voter approval of the imposition or increase of a tax, the amount of
or maximum tax rate of the tax or tax increase for which approval is
sought; or
(2) [(3)] with respect to a proposition that only
seeks voter approval of the reduction of a tax, the amount of tax
rate reduction or the tax rate for which approval is sought.
(f) A political subdivision that submits to the voters a
proposition for the approval of the issuance of debt obligations
shall prescribe the wording of the proposition that is to appear on
the ballot in accordance with the requirements of Subchapter B,
Chapter 1251, Government Code. In this subsection, "debt
obligation" and "political subdivision" have the meanings assigned
by Section 1251.051, Government Code.
SECTION 3. Chapter 1251, Government Code, is amended by
designating Sections 1251.001, 1251.003, 1251.004, 1251.005, and
1251.006 as Subchapter A and adding a subchapter heading to read as
follows:
SUBCHAPTER A. PROVISIONS RELATING GENERALLY TO COUNTY AND MUNICIPAL
BOND ELECTIONS
SECTION 4. Chapter 1251, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. BALLOT FOR DEBT OBLIGATIONS ISSUED BY POLITICAL
SUBDIVISION
Sec. 1251.051. DEFINITIONS. In this subchapter:
(1) "Debt obligation" means a public security, as
defined by Section 1201.002, secured by and payable from ad valorem
taxes. The term does not include public securities that are
designated as self-supporting by the political subdivision issuing
the securities.
(2) "Debt obligation election order" means the order,
ordinance, or resolution ordering an election to authorize the
issuance of debt obligations.
(3) "Political subdivision" means a municipality,
county, school district, or special taxing district.
Sec. 1251.052. FORM. (a) The ballot for a measure seeking
voter approval of the issuance of debt obligations by a political
subdivision shall specifically state:
(1) a general description of the purposes for which
the debt obligations are to be authorized;
(2) the total principal amount of the debt obligations
to be authorized; and
(3) that taxes sufficient to pay the principal of and
interest on the debt obligations will be imposed.
(b) A political subdivision with at least 250 registered
voters on the date the governing body of the political subdivision
adopts the debt obligation election order must prepare a voter
information document for each proposition to be voted on at the
election. The political subdivision shall post the voter
information document in the same manner as a debt obligation
election order is required to be posted under Section 4.003(f),
Election Code, and may include the voter information document in
the debt obligation election order. The voter information document
must distinctly state:
(1) the language that will appear on the ballot;
(2) the following information formatted as a table:
(A) the principal of the debt obligations to be
authorized;
(B) the estimated interest for the debt
obligations to be authorized;
(C) the estimated combined principal and
interest required to pay on time and in full the debt obligations to
be authorized; and
(D) as of the date the political subdivision
adopts the debt obligation election order:
(i) the principal of all outstanding debt
obligations of the political subdivision;
(ii) the estimated remaining interest on
all outstanding debt obligations of the political subdivision,
which may be based on the political subdivision's expectations
relative to the interest due on any variable rate debt obligations;
and
(iii) the estimated combined principal and
interest required to pay on time and in full all outstanding debt
obligations of the political subdivision, which may be based on the
political subdivision's expectations relative to the interest due
on any variable rate debt obligations;
(3) the estimated maximum annual increase in the
amount of taxes that would be imposed on a residence homestead in
the political subdivision with an appraised value of $100,000 to
repay the debt obligations to be authorized, if approved, based
upon assumptions made by the governing body of the political
subdivision; and
(4) any other information that the political
subdivision considers relevant or necessary to explain the
information required by this subsection.
(c) The governing body of the political subdivision shall
identify in the voter information document the major assumptions
made in connection with the statement required by Subsection
(b)(3), including:
(1) the amortization of the political subdivision's
debt obligations, including outstanding debt obligations and the
proposed debt obligations;
(2) changes in estimated future appraised values
within the political subdivision; and
(3) the assumed interest rate on the proposed debt
obligations.
(d) A political subdivision that maintains an Internet
website shall provide the information described by Subsection (b)
on its website in an easily accessible manner beginning not later
than the 21st day before election day and ending on the day after
the date of the debt obligation election.
(e) This section provides the ballot proposition language
for an election to authorize the issuance of debt obligations by a
political subdivision. To the extent of a conflict between this
section and another law, this section controls.
SECTION 5. Section 271.049, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(e) to read as follows:
(a) Regardless of the sources of payment of certificates,
certificates may not be issued unless the issuer publishes notice
of its intention to issue the certificates. The notice must be
published:
(1) once a week for two consecutive weeks in a
newspaper, as defined by Subchapter C, Chapter 2051, Government
Code, that is of general circulation in the area of the issuer, with
the date of the first publication to be before the 45th [30th] day
before the date tentatively set for the passage of the order or
ordinance authorizing the issuance of the certificates; and
(2) if the issuer maintains an Internet website,
continuously on the issuer's website for at least 45 days before the
date tentatively set for the passage of the order or ordinance
authorizing the issuance of the certificates.
(b) The notice must state:
(1) the time and place tentatively set for the passage
of the order or ordinance authorizing the issuance of the
certificates;
(2) the [maximum amount and] purpose of the
certificates to be authorized; [and]
(3) the manner in which the certificates will be paid
for, whether by taxes, revenues, or a combination of the two;
(4) the following:
(A) the then-current principal of all
outstanding debt obligations of the issuer;
(B) the then-current combined principal and
interest required to pay all outstanding debt obligations of the
issuer on time and in full, which may be based on the issuer's
expectations relative to the interest due on any variable rate debt
obligations;
(C) the maximum principal amount of the
certificates to be authorized; and
(D) the estimated combined principal and
interest required to pay the certificates to be authorized on time
and in full;
(5) the estimated interest rate for the certificates
to be authorized or that the maximum interest rate for the
certificates may not exceed the maximum legal interest rate; and
(6) the maximum maturity date of the certificates to
be authorized.
(e) In this section, "debt obligation" means a public
security, as defined by Section 1201.002, Government Code, secured
by and payable from ad valorem taxes. The term does not include
public securities that are designated as self-supporting by the
political subdivision issuing the securities.
SECTION 6. Section 1251.002, Government Code, is repealed.
SECTION 7. (a) The changes in law made by this Act to
Chapter 1251, Government Code, apply only to a ballot for an
election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
(b) The changes in law made by this Act to Section 271.049,
Local Government Code, apply only to a certificate of obligation
for which the first notice of intention to issue the certificate is
made on or after the effective date of this Act. A certificate of
obligation for which the first notice of intention to issue the
certificate is made before the effective date of this Act is
governed by the law in effect when the notice of intention is made,
and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2019.