Texas 2019 - 86th Regular

Texas Senate Bill SB465 Compare Versions

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

Old	New	Differences
1	1	86R5125 SMT-D
2	2	By: Campbell S.B. No. 465
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a public database maintained by the comptroller of
8	8	information about certain political subdivisions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 403.0241, Government
11	11	Code, is amended to read as follows:
12	12	Sec. 403.0241. POLITICAL SUBDIVISION [SPECIAL PURPOSE
13	13	DISTRICT] PUBLIC INFORMATION DATABASE.
14	14	SECTION 2. Section 403.0241(a)(1), Government Code, is
15	15	amended to read as follows:
16	16	(1) "Political subdivision" ["Special purpose
17	17	district"] means a [political subdivision of this state with
18	18	geographic boundaries that define the subdivision's territorial
19	19	jurisdiction. The term does not include a] municipality, county,
20	20	junior college district, independent school district, or other
21	21	subdivision of state government [political subdivision with
22	22	statewide jurisdiction].
23	23	SECTION 3. Sections 403.0241(b), (c), (d), and (e),
24	24	Government Code, are amended to read as follows:
25	25	(b) The comptroller shall create and make accessible on the
26	26	Internet a database, to be known as the Political Subdivision
27	27	[Special Purpose District] Public Information Database, that
28	28	contains information regarding all political subdivisions [special
29	29	purpose districts] of this state that:
30	30	(1) are authorized by [the] state [by a general or
31	31	special] law to:
32	32	(A) impose an ad valorem tax;
33	33	(B) impose [or] a sales and use tax;
34	34	(C) [, to] impose an assessment;[,] or
35	35	(D) [to] charge a fee; and
36	36	(2) during the most recent fiscal year:
37	37	(A) had bonds outstanding;
38	38	(B) had gross receipts from operations, loans,
39	39	taxes, or contributions in excess of $250,000; or
40	40	(C) had cash and temporary investments in excess
41	41	of $250,000.
42	42	(c) For each political subdivision [special purpose
43	43	district] described by Subsection (b), the database must include:
44	44	(1) the name of the political subdivision [special
45	45	purpose district];
46	46	(2) the name of each [board] member of the governing
47	47	body of the political subdivision [special purpose district];
48	48	(3) contact information for the main office of the
49	49	political subdivision [special purpose district], including the
50	50	physical address, [the] mailing address, and [the] main telephone
51	51	number;
52	52	(4) if the political subdivision [special purpose
53	53	district] employs a person as a general manager or executive
54	54	director, or in another position to perform duties or functions
55	55	comparable to those of a general manager or executive director, the
56	56	name of the employee;
57	57	(5) if the political subdivision [special purpose
58	58	district] contracts with a utility operator, contact information
59	59	for a person representing the utility operator, including a mailing
60	60	address and [a] telephone number;
61	61	(6) if the political subdivision [special purpose
62	62	district] contracts with a tax assessor-collector, contact
63	63	information for a person representing the tax assessor-collector,
64	64	including a mailing address and telephone number;
65	65	(7) the political subdivision's [special purpose
66	66	district's] Internet website address, if any;
67	67	(8) the information the political subdivision
68	68	[special purpose district] is required to report under Section
69	69	140.008(b) or (g), Local Government Code, including any revenue
70	70	obligations;
71	71	(9) the total amount of bonds authorized by the voters
72	72	of the political subdivision [special purpose district] that are
73	73	payable wholly or partly from ad valorem taxes, excluding:
74	74	(A) refunding bonds if [refunding bonds were]
75	75	separately authorized; and
76	76	(B) [excluding] contract revenue bonds;
77	77	(10) the aggregate initial principal amount of all
78	78	bonds issued by the political subdivision, if applicable, [special
79	79	purpose district] that are payable wholly or partly from ad valorem
80	80	taxes, excluding:
81	81	(A) refunding bonds; and
82	82	(B) contract revenue bonds;
83	83	(11) the rate of any sales and use tax the political
84	84	subdivision [special purpose district] imposes; and
85	85	(12) for a political subdivision [special purpose
86	86	district] that imposes an ad valorem tax:
87	87	(A) the ad valorem tax rates described by Section
88	88	26.16(a), Tax Code, for the political subdivision for the most
89	89	recent tax year; or
90	90	(B) if the political subdivision is a district as
91	91	defined by Section 49.001, Water Code, the ad valorem tax rate for
92	92	the most recent tax year [if the district is a district as defined
93	93	by Section 49.001, Water Code; or
94	94	[(B) the table of ad valorem tax rates for the
95	95	most recent tax year described by Section 26.16, Tax Code, in the
96	96	form required by that section, if the district is not a district as
97	97	defined by Section 49.001, Water Code].
98	98	(d) The comptroller may consult with the appropriate
99	99	officer of, or other person representing, each political
100	100	subdivision [special purpose district] to obtain the information
101	101	necessary to operate and update the database.
102	102	(e) To the extent information required in the database is
103	103	otherwise collected or maintained by a state agency or political
104	104	subdivision [special purpose district], the comptroller may
105	105	require the state agency or political subdivision [special purpose
106	106	district] to provide that information and updates to the
107	107	information as necessary for inclusion in the database.
108	108	SECTION 4. Section 403.0242, Government Code, is amended to
109	109	read as follows:
110	110	Sec. 403.0242. [SPECIAL PURPOSE DISTRICT] NONCOMPLIANCE
111	111	LIST. The comptroller shall prepare and maintain a noncompliance
112	112	list of political subdivisions [special purpose districts] that
113	113	have not timely complied with a requirement to provide information
114	114	under Section 203.062, Local Government Code.
115	115	SECTION 5. Section 203.061, Local Government Code, is
116	116	amended to read as follows:
117	117	Sec. 203.061. APPLICABILITY OF SUBCHAPTER. This subchapter
118	118	applies only to a political subdivision [special purpose district]
119	119	described by Section 403.0241(b), Government Code.
120	120	SECTION 6. Section 203.062, Local Government Code, is
121	121	amended to read as follows:
122	122	Sec. 203.062. PROVISION OF CERTAIN RECORDS AND OTHER
123	123	INFORMATION TO COMPTROLLER. (a) A political subdivision [special
124	124	purpose district] shall transmit records and other information to
125	125	the comptroller annually for purposes of providing the comptroller
126	126	with information to operate and update the Political Subdivision
127	127	[Special Purpose District] Public Information Database under
128	128	Section 403.0241, Government Code.
129	129	(b) The political subdivision [special purpose district]
130	130	may comply with Subsection (a) by affirming that records and other
131	131	information previously transmitted are current.
132	132	(c) The political subdivision [special purpose district]
133	133	shall transmit the records and other information in a form and in
134	134	the manner prescribed by the comptroller.
135	135	SECTION 7. Sections 203.063(a), (b), (c), (d), and (e),
136	136	Local Government Code, are amended to read as follows:
137	137	(a) If a political subdivision [special purpose district]
138	138	does not timely comply with Section 203.062, the comptroller shall
139	139	provide written notice to the political subdivision [special
140	140	purpose district]:
141	141	(1) informing the political subdivision [special
142	142	purpose district] of the violation of that section; and
143	143	(2) notifying the political subdivision [special
144	144	purpose district] that the political subdivision [special purpose
145	145	district] will be subject to a penalty of $1,000 if the political
146	146	subdivision [special purpose district] does not report the required
147	147	information on or before the 30th day after the date the notice is
148	148	provided.
149	149	(b) Not later than the 30th day after the date the
150	150	comptroller provides notice to a political subdivision [special
151	151	purpose district] under Subsection (a), the political subdivision
152	152	[special purpose district] must report the required information.
153	153	(c) If a political subdivision [special purpose district]
154	154	does not report the required information as prescribed by
155	155	Subsection (b):
156	156	(1) the political subdivision [special purpose
157	157	district] is liable to the state for a civil penalty of $1,000; and
158	158	(2) the comptroller shall provide written notice to
159	159	the political subdivision [special purpose district]:
160	160	(A) informing the political subdivision [special
161	161	purpose district] of the liability for the penalty; and
162	162	(B) notifying the political subdivision [special
163	163	purpose district] that if the political subdivision [special
164	164	purpose district] does not report the required information on or
165	165	before the 30th day after the date the notice is provided:
166	166	(i) the political subdivision [special
167	167	purpose district] will be subject to an additional penalty of
168	168	$1,000; and
169	169	(ii) the noncompliance will be reflected in
170	170	the list maintained by the comptroller under Section 403.0242,
171	171	Government Code.
172	172	(d) Not later than the 30th day after the date the
173	173	comptroller provides notice to a political subdivision [special
174	174	purpose district] under Subsection (c), the political subdivision
175	175	[special purpose district] must report the required information.
176	176	(e) If a political subdivision [special purpose district]
177	177	does not report the required information as prescribed by
178	178	Subsection (d):
179	179	(1) the political subdivision [special purpose
180	180	district] is liable to the state for a civil penalty of $1,000; and
181	181	(2) the comptroller shall:
182	182	(A) reflect the noncompliance in the list
183	183	maintained under Section 403.0242, Government Code, until the
184	184	political subdivision [special purpose district] reports all
185	185	information required under Section 203.062; and
186	186	(B) provide written notice to the political
187	187	subdivision [special purpose district] that the noncompliance will
188	188	be reflected in the list until the political subdivision [special
189	189	purpose district] reports the required information.
190	190	SECTION 8. (a) The comptroller of public accounts shall
191	191	update the database required by Section 403.0241, Government Code,
192	192	as amended by this Act, not later than September 1, 2020.
193	193	(b) A political subdivision described by Section
194	194	403.0241(b), Government Code, as amended by this Act, shall
195	195	transmit records and information to the comptroller of public
196	196	accounts as required by Section 203.062, Local Government Code, as
197	197	amended by this Act, not later than December 1, 2019.
198	198	SECTION 9. This Act takes effect September 1, 2019.