| 1 | 1 | | 88R2191 SGM-D |
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| 2 | 2 | | By: Schofield H.B. No. 445 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the specified use of bond proceeds by a county or |
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| 8 | 8 | | municipality. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 1251, Government Code, is |
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| 11 | 11 | | amended by adding Section 1251.002 to read as follows: |
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| 12 | 12 | | Sec. 1251.002. SPECIFIED USE OF BOND PROCEEDS. (a) The |
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| 13 | 13 | | ballot for a bond election must state with specificity: |
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| 14 | 14 | | (1) each project to be funded through the bond |
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| 15 | 15 | | proceeds; and |
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| 16 | 16 | | (2) the amount of bond proceeds to be spent on each |
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| 17 | 17 | | project. |
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| 18 | 18 | | (b) A county or municipality may not: |
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| 19 | 19 | | (1) spend an amount of the bond proceeds on a project |
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| 20 | 20 | | that is greater than the amount stated on the ballot for the |
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| 21 | 21 | | project; or |
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| 22 | 22 | | (2) transfer bond proceeds from one project to |
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| 23 | 23 | | another, regardless of whether the projects were approved at the |
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| 24 | 24 | | same election. |
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| 25 | 25 | | (c) An individual who votes in the bond election has |
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| 26 | 26 | | standing to bring an action in district court for injunctive relief |
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| 27 | 27 | | against the county or municipality that held the election for a |
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| 28 | 28 | | violation of this section regardless of whether the individual is |
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| 29 | 29 | | directly or indirectly injured by the violation. |
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| 30 | 30 | | SECTION 2. Section 1251.002, Government Code, as added by |
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| 31 | 31 | | this Act, applies only to a bond election ordered on or after the |
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| 32 | 32 | | effective date of this Act. A bond election ordered before the |
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| 33 | 33 | | effective date of this Act is governed by the law in effect when the |
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| 34 | 34 | | bond election was ordered, and the former law is continued in effect |
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| 35 | 35 | | for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2023. |
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