By: Bettencourt, et al. S.B. No. 2219
A BILL TO BE ENTITLED
AN ACT
relating to ballot propositions authorizing political subdivisions
to issue bonds or other debt or to impose or change a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.0051 to read as follows:
Sec. 41.0051. PROPOSITION FOR APPROVAL OF ISSUANCE OF BONDS
OR OTHER DEBT. (a) A proposition for approval of the issuance of
bonds or other debt shall be submitted to the voters in an election
held on the November uniform election date, except as provided by
Subsections (b) and (d).
(b) Notwithstanding Section 41.0011(a), an emergency
election under Section 41.0011 at which a proposition described by
Subsection (a) is submitted to the voters shall be held on any
uniform election date.
(c) If a law outside this code requires a proposition
described by Subsection (a) to be submitted to the voters in an
election held on a date other than the November uniform election
date, the authority administering the election shall set the
election date to comply with this section.
(d) This section does not apply to an election described by
Section 49.102, Water Code, or an election held in conjunction with
that election.
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 in an election of a political subdivision,
including a city, county, school district, or special taxing
district, 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 plain language [general] description of the
single specific purpose [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:
(A) [,] the amount of or maximum tax rate of the
tax or tax increase for which approval is sought;
(B) the estimated additional tax burden that
would be imposed on a homestead with a value equal to the median
homestead value in the political subdivision, as computed by the
appraisal district, after the imposition or increase of the tax, if
approved; and
(C) a detailed description of the purposes for
which the tax is to be imposed or increased, if approved; or
(3) with respect to a proposition that only seeks
voter approval of the reduction of a tax:
(A) [,] the amount of tax rate reduction or the
tax rate for which approval is sought; and
(B) the estimated tax reduction for a homestead
with a value equal to the median homestead value in the political
subdivision, as computed by the appraisal district, if the
reduction of the tax is approved.
(f) A proposition to which Subsection (e) applies or for
approval of the issuance of bonds may not exceed:
(1) 5,000 characters; or
(2) a different limit prescribed by the secretary of
state that ensures that the length of the proposition does not
exceed one page of the ballot or one screen on an electronic voting
machine.
SECTION 3. Chapter 1251, Government Code, is amended by
designating Sections 1251.001, 1251.002, 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 BOND ELECTIONS
SECTION 4. Chapter 1251, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. BALLOT PROPOSITION FOR BONDS ISSUED BY POLITICAL
SUBDIVISION
Sec. 1251.051. APPLICABILITY. This subchapter applies to
bonds issued by any political subdivision, including a
municipality, county, school district, or special taxing district.
Sec. 1251.052. FORM. (a) A proposition seeking voter
approval of the issuance of bonds shall specifically state:
(1) a plain language description of each single
specific purpose for which the bonds are to be authorized;
(2) the total principal amount of the bonds;
(3) the total amount of the political subdivision's
debt secured by ad valorem taxes currently outstanding;
(4) the total amount of the political subdivision's
current payments on debt secured by ad valorem taxes;
(5) the amount of taxes required to be imposed on a
homestead with a value equal to the median homestead value in the
political subdivision, as computed by the appraisal district, to
repay the political subdivision's current debt obligations secured
by ad valorem taxes; and
(6) the estimated tax burden that would be imposed on a
homestead with a value equal to the median homestead value in the
political subdivision, as computed by the appraisal district, to
repay the bonds to be authorized, if approved.
(b) Each single specific purpose for which bonds requiring
voter approval are to be issued must be printed on the ballot as a
separate proposition.
SECTION 5. Section 45.003, Education Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) Notwithstanding Section 52.072, Election Code, and
Section 1251.052, Government Code, the question of whether to
approve the issuance of bonds for the construction, acquisition,
and equipment of school buildings in the district and the purchase
of necessary sites for school buildings may be submitted to the
voters in a single ballot proposition, except that bonds for each of
the following purposes must be stated in a separate proposition:
(1) the construction, improvement, or renovation of a
stadium;
(2) the construction, improvement, or renovation of a
natatorium;
(3) the construction, improvement, or renovation of
another recreational facility other than a gymnasium;
(4) the construction, improvement, or renovation of a
performing arts facility;
(5) the construction, improvement, or renovation of
housing for teachers as determined by the district to be necessary
to have a sufficient number of teachers for the district; and
(6) an acquisition or update of technology equipment,
other than equipment used for school security purposes.
(h) The question of whether to approve the issuance of bonds
for a building described by Subsection (g)(1), (2), (3), (4), or (5)
must be printed on the ballot as a separate ballot proposition
regardless of whether that building is proposed as part of the same
complex or building that contains traditional classroom
facilities. Each separate ballot proposition required by this
subsection must state the principal amount of the bonds to be issued
that constitutes the cost for construction of that portion of the
building or complex attributable to the building described by
Subsection (g)(1), (2), (3), (4), or (5) or to the traditional
classroom facilities, as applicable.
SECTION 6. The changes in law made by this Act apply only to
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.
SECTION 7. This Act takes effect September 1, 2019.