By: Troxclair, et al. H.B. No. 3899
(Senate Sponsor - Bettencourt)
(In the Senate - Received from the House May 3, 2023;
May 4, 2023, read first time and referred to Committee on Local
Government; May 19, 2023, reported favorably by the following
vote: Yeas 7, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of bonds by certain local government
corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.003(3), Transportation Code, is
amended to read as follows:
(3) "Local government" means:
(A) a municipality;
(B) a county; or
(C) for purposes of Subchapter D or D-1:
(i) a navigation district, hospital
district, or hospital authority;
(ii) a regional transportation authority
governed by Chapter 452;
(iii) a rapid transit authority governed by
Chapter 451; or
(iv) a coordinated county transportation
authority governed by Chapter 460.
SECTION 2. Section 431.070(a), Transportation Code, is
amended to read as follows:
(a) Subject to Subchapter D-1, a [A] corporation may issue
bonds and notes to carry out its purpose.
SECTION 3. Section 431.101(b), Transportation Code, is
amended to read as follows:
(b) Except as provided by Subchapter D-1, a [A] local
government corporation has the powers of a corporation authorized
for creation by the commission under this chapter.
SECTION 4. Chapter 431, Transportation Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. ISSUANCE OF BONDS BY CERTAIN LOCAL GOVERNMENT
CORPORATIONS CREATED BY MUNICIPALITIES OR COUNTIES
Sec. 431.120. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a local government corporation created by a municipality
or county independently or with another local government that has
entered into an agreement with a municipality or county for the
transfer to the corporation of revenue from ad valorem taxes that
were approved by the voters of the municipality or county under
Section 26.07, Tax Code.
Sec. 431.121. DEFINITION. In this subchapter, "bond"
includes a note, revenue bond, or loan.
Sec. 431.122. BOND ELECTION REQUIRED. (a) Notwithstanding
any other law, a local government corporation may not issue bonds,
other than refunding bonds, to be paid wholly or partly from ad
valorem taxes transferred from a municipality or county to the
corporation that were approved by the voters of the municipality or
county under Section 26.07, Tax Code, unless the corporation is
first authorized to issue bonds under this subchapter by the voters
of the municipality or county in an election held by the
municipality or county for that purpose.
(b) Bonds authorized under this subchapter to finance a
project may be issued in one or more series.
(c) An election held for purposes of this section must be:
(1) conducted as provided by Section 1251.003,
Government Code; and
(2) held in the municipality or county on the uniform
election date in November.
Sec. 431.123. FORM OF BALLOT. (a) The ballot proposition
for a measure seeking voter approval for issuance of bonds under
this subchapter must include:
(1) a plain language description of the purposes for
which the bonds are to be authorized;
(2) the principal amount not to be exceeded in the
aggregate of the bonds authorized to be issued in one or more
series;
(3) the maximum maturity date of the bonds to be
authorized, not to exceed 40 years; and
(4) that the principal of and interest on the bonds
will be wholly or partly paid from funds received pursuant to an
agreement with the municipality or county for the transfer of ad
valorem taxes approved by the voters of the municipality or county
under Section 26.07, Tax Code.
(b) A proposition may include as a purpose one or more
structures or improvements serving the substantially same purpose
and may include related improvements and equipment necessary to
accomplish the purpose.
(c) The result of an election held under this subchapter
does not affect the result of a prior election held under Section
26.07, Tax Code.
Sec. 431.124. CONDITION OF BONDS. A bond authorized to be
issued under this subchapter may not mature more than 40 years after
the date the bond was issued.
SECTION 5. Section 1207.001(1), Government Code, is amended
to read as follows:
(1) "Issuer" means this state or any department,
board, authority, agency, subdivision, municipal corporation,
district, public corporation, body politic, or instrumentality of
this state which has the power to borrow money and issue bonds,
notes, or other evidences of indebtedness. The term includes a
county, municipality, state-supported institution of higher
education, junior college district, regional college district,
school district, hospital district, water district, road district,
navigation district, conservation district, local government
corporation, and any other kind or type of political or
governmental entity.
SECTION 6. The change in law made by Subchapter D-1, Chapter
431, Transportation Code, as added by this Act, applies only to a
bond issued on or after the effective date of this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
* * * * *