Texas 2019 - 86th Regular

Texas Senate Bill SB30 Compare Versions

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1-S.B. No. 30
1+By: Birdwell, et al. S.B. No. 30
2+ (Phelan)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to ballot language requirements for a proposition seeking
68 voter approval for the issuance of bonds.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 45.003, Education Code, is amended by
911 adding Subsections (g) and (h) to read as follows:
10- (g) Notwithstanding Section 1251.052, Government Code, the
12+ (g) Notwithstanding Section 52.072, Election Code, the
1113 question of whether to approve the issuance of bonds for the
1214 construction, acquisition, and equipment of school buildings in the
13- district, the purchase of new school buses, and the purchase of
14- necessary sites for school buildings may be submitted to the voters
15- in a single ballot proposition, except that bonds for each of the
16- following purposes must be stated in a separate proposition:
17- (1) the construction, acquisition, or equipment of a
18- stadium with seating capacity for more than 1,000 spectators;
19- (2) the construction, acquisition, or equipment of a
15+ district and the purchase of necessary sites for school buildings
16+ may be submitted to the voters in a single ballot proposition,
17+ except that bonds for each of the following purposes must be stated
18+ in a separate proposition:
19+ (1) the construction, improvement, or renovation of a
20+ stadium;
21+ (2) the construction, improvement, or renovation of a
2022 natatorium;
21- (3) the construction, acquisition, or equipment of
22- another recreational facility other than a gymnasium, playground,
23- or play area;
24- (4) the construction, acquisition, or equipment of a
23+ (3) the construction, improvement, or renovation of
24+ another recreational facility other than a gymnasium;
25+ (4) the construction, improvement, or renovation of a
2526 performing arts facility;
26- (5) the construction, acquisition, or equipment of
27+ (5) the construction, improvement, or renovation of
2728 housing for teachers as determined by the district to be necessary
2829 to have a sufficient number of teachers for the district; and
2930 (6) an acquisition or update of technology equipment,
30- other than equipment used for school security purposes or
31- technology infrastructure integral to the construction of a
32- facility.
31+ other than equipment used for school security purposes.
3332 (h) The question of whether to approve the issuance of bonds
3433 for a building described by Subsection (g)(1), (2), (3), (4), or (5)
3534 must be printed on the ballot as a separate ballot proposition
3635 regardless of whether that building is proposed as part of the same
3736 complex or building that contains traditional classroom
3837 facilities. Each separate ballot proposition required by this
3938 subsection must state the principal amount of the bonds to be issued
4039 that constitutes the cost for construction of that portion of the
4140 building or complex attributable to the building described by
4241 Subsection (g)(1), (2), (3), (4), or (5) or to the traditional
4342 classroom facilities, as applicable.
44- SECTION 2. Section 52.072(e), Election Code, is amended to
45- read as follows:
43+ SECTION 2. Section 52.072, Election Code, is amended by
44+ amending Subsection (e) and adding Subsection (f) to read as
45+ follows:
4646 (e) In addition to any other requirement imposed by law for
4747 a proposition, including a provision prescribing the proposition
4848 language, a proposition submitted to the voters for approval of the
49- [issuance of bonds or the] imposition, increase, or reduction of a
50- tax shall specifically state, as applicable:
51- (1) [with respect to a proposition seeking voter
49+ issuance of bonds or the imposition, increase, or reduction of a tax
50+ shall specifically state, as applicable:
51+ (1) with respect to a proposition seeking voter
5252 approval of the issuance of bonds:
53- [(A) the total principal amount of the bonds to
54- be authorized, if approved; and
55- [(B) a general description of the purposes for
56- which the bonds are to be authorized, if approved;
57- [(2)] with respect to a proposition that only seeks
53+ (A) the total principal amount of the bonds to be
54+ authorized, if approved; and
55+ (B) a plain language [general] description of the
56+ single specific purpose [the purposes] for which the bonds are to be
57+ authorized, if approved;
58+ (2) with respect to a proposition that only seeks
5859 voter approval of the imposition or increase of a tax, the amount of
5960 or maximum tax rate of the tax or tax increase for which approval is
6061 sought; or
61- (2) [(3)] with respect to a proposition that only
62- seeks voter approval of the reduction of a tax, the amount of tax
63- rate reduction or the tax rate for which approval is sought.
64- SECTION 3. Chapter 1251, Government Code, is amended by
65- designating Sections 1251.001, 1251.003, 1251.004, 1251.005, and
66- 1251.006 as Subchapter A and adding a subchapter heading to read as
67- follows:
68- SUBCHAPTER A. PROVISIONS RELATING GENERALLY TO COUNTY AND
69- MUNICIPAL BOND ELECTIONS
70- SECTION 4. Chapter 1251, Government Code, is amended by
71- adding Subchapter B to read as follows:
72- SUBCHAPTER B. BALLOT FOR DEBT OBLIGATIONS ISSUED BY POLITICAL
73- SUBDIVISION
74- Sec. 1251.051. DEFINITIONS. In this subchapter:
75- (1) "Debt obligation" means a public security, as
76- defined by Section 1201.002, secured by and payable from ad valorem
77- taxes. The term does not include public securities that are
78- designated as self-supporting by the political subdivision issuing
79- the securities.
80- (2) "Political subdivision" means a municipality,
81- county, school district, or special taxing district.
82- Sec. 1251.052. FORM. (a) The ballot for a measure seeking
83- voter approval of the issuance of debt obligations by a political
84- subdivision shall specifically state:
85- (1) a plain language description of the single
86- specific purposes for which the debt obligations are to be
87- authorized;
88- (2) the total principal amount of the debt obligations
89- to be authorized; and
90- (3) that taxes sufficient to pay the principal of and
91- interest on the debt obligations will be imposed.
92- (a-1) Each single specific purpose for which debt
93- obligations requiring voter approval are to be issued must be
94- printed on the ballot as a separate proposition. A proposition may
95- include as a specific purpose one or more structures or
96- improvements serving the substantially same purpose and may include
97- related improvements and equipment necessary to accomplish the
98- specific purpose.
99- SECTION 5. Section 1251.002, Government Code, is repealed.
100- SECTION 6. The change in law made by this Act applies only
62+ (3) with respect to a proposition that only seeks
63+ voter approval of the reduction of a tax, the amount of tax rate
64+ reduction or the tax rate for which approval is sought.
65+ (f) Each single specific purpose for which bonds requiring
66+ voter approval are to be issued must be printed on the ballot as a
67+ separate proposition.
68+ SECTION 3. The change in law made by this Act applies only
10169 to an election ordered on or after the effective date of this Act.
10270 An election ordered before the effective date of this Act is
10371 governed by the law in effect when the election was ordered, and the
10472 former law is continued in effect for that purpose.
105- SECTION 7. This Act takes effect September 1, 2019.
106- ______________________________ ______________________________
107- President of the Senate Speaker of the House
108- I hereby certify that S.B. No. 30 passed the Senate on
109- April 11, 2019, by the following vote: Yeas 31, Nays 0;
110- May 23, 2019, Senate refused to concur in House amendments and
111- requested appointment of Conference Committee; May 23, 2019, House
112- granted request of the Senate; May 26, 2019, Senate adopted
113- Conference Committee Report by the following vote: Yeas 31,
114- Nays 0.
115- ______________________________
116- Secretary of the Senate
117- I hereby certify that S.B. No. 30 passed the House, with
118- amendments, on May 22, 2019, by the following vote: Yeas 137,
119- Nays 5, three present not voting; May 23, 2019, House granted
120- request of the Senate for appointment of Conference Committee;
121- May 26, 2019, House adopted Conference Committee Report by the
122- following vote: Yeas 135, Nays 8, one present not voting.
123- ______________________________
124- Chief Clerk of the House
125- Approved:
126- ______________________________
127- Date
128- ______________________________
129- Governor
73+ SECTION 4. This Act takes effect September 1, 2019.