1 | | - | By: Campbell, et al. S.B. No. 652 |
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| 1 | + | By: Campbell S.B. No. 652 |
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| 2 | + | (In the Senate - Filed February 5, 2019; March 1, 2019, read |
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| 3 | + | first time and referred to Committee on Property Tax; |
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| 4 | + | April 15, 2019, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 5, Nays 0; April 15, 2019, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 652 By: Paxton |
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2 | 9 | | |
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3 | 10 | | |
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4 | 11 | | A BILL TO BE ENTITLED |
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5 | 12 | | AN ACT |
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6 | 13 | | relating to procedures and requirements for the issuance of |
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7 | 14 | | certificates of obligation. |
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8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 16 | | SECTION 1. Section 271.047(d), Local Government Code, is |
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10 | 17 | | amended to read as follows: |
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11 | 18 | | (d) Except as provided by this subsection, the governing |
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12 | 19 | | body of an issuer may not authorize a certificate to pay a |
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13 | 20 | | contractual obligation to be incurred if a bond proposition to |
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14 | 21 | | authorize the issuance of bonds for the same purpose was submitted |
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15 | 22 | | to the voters during the preceding six [three] years and failed to |
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16 | 23 | | be approved. A governing body may authorize a certificate that the |
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17 | 24 | | governing body is otherwise prohibited from authorizing under this |
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18 | 25 | | subsection: |
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19 | 26 | | (1) in a case described by Sections 271.056(1)-(3); |
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20 | 27 | | and |
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21 | 28 | | (2) to comply with a state or federal law, rule, or |
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22 | 29 | | regulation if the political subdivision has been officially |
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23 | 30 | | notified of noncompliance with the law, rule, or regulation. |
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24 | 31 | | SECTION 2. Section 271.049, Local Government Code, is |
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25 | 32 | | amended by amending Subsection (a) and adding Subsection (e) to |
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26 | 33 | | read as follows: |
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27 | 34 | | (a) Regardless of the sources of payment of certificates, |
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28 | 35 | | certificates may not be issued unless the issuer publishes notice |
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29 | 36 | | of its intention to issue the certificates. The notice must be |
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30 | 37 | | published: |
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31 | 38 | | (1) once a week for two consecutive weeks in a |
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32 | 39 | | newspaper, as defined by Subchapter C, Chapter 2051, Government |
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33 | 40 | | Code, that is of general circulation in the area of the issuer, with |
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34 | 41 | | the date of the first publication to be before the 30th day before |
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35 | 42 | | the date tentatively set for the passage of the order or ordinance |
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36 | 43 | | authorizing the issuance of the certificates; and |
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37 | 44 | | (2) continuously on the issuer's Internet website for |
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38 | 45 | | at least 30 days before the date tentatively set for the passage of |
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39 | 46 | | the order or ordinance authorizing the issuance of the |
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40 | 47 | | certificates. |
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41 | 48 | | (e) An issuer shall maintain an Internet website to comply |
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42 | 49 | | with this section. |
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43 | 50 | | SECTION 3. Section 271.049, Local Government Code, as |
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44 | 51 | | amended by this Act, applies only to a certificate of obligation for |
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45 | 52 | | which the first notice of intention to issue the certificate is made |
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46 | 53 | | on or after the effective date of this Act. A certificate of |
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47 | 54 | | obligation for which the first notice of intention to issue the |
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48 | 55 | | certificate is made before the effective date of this Act is |
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49 | 56 | | governed by the law in effect on the date the notice of intention is |
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50 | 57 | | made, and the former law is continued in effect for that purpose. |
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51 | 58 | | SECTION 4. This Act takes effect September 1, 2019. |
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