Texas 2023 - 88th Regular

Texas House Bill HB4808

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the issuance of certain anticipation notes and certificates of obligation.

Impact

The impact of HB4808 is significant, as it seeks to regulate how local governments manage short-term financing. By imposing stricter conditions on the issuance of anticipation notes—like voter approval for related bonds— the bill aims to protect local taxpayers from potential overreach and ensure that local funding strategies are aligned with community interests. These changes will apply only to notes authorized post-enactment, creating a clear distinction between past and future financing practices for local governments in Texas.

Summary

House Bill 4808 relates to the issuance of anticipation notes and certificates of obligation by local governments in Texas. The bill amends existing regulations in the Texas Government Code, specifying conditions under which local governing bodies can authorize these financial instruments. Notably, the bill includes provisions that prevent local entities from issuing anticipation notes if a related bond proposition has been rejected by voters within the last five years, unless certain conditions are met. This adds a layer of voter control over local funding decisions, aiming to enhance fiscal responsibility and transparency.

Sentiment

The general sentiment around HB4808 appears to be supportive from fiscal conservatives and advocates for transparency in local government finance. Proponents argue that the bill promotes sound financial practices and prevents local governments from taking on undue debt without voter approval. However, there is likely to be some dissent among local officials who may view these restrictions as limitations on their ability to respond to immediate financial needs, particularly in situations where rapid funding is required and previous bond measures have been rejected.

Contention

Key points of contention related to HB4808 center around the restrictions placed on local governments and the potential implications for urgent funding requirements. Critics may argue that requiring voter approval for the issuance of anticipation notes following a failed bond election could delay critical projects or exacerbate fiscal challenges in municipalities. The balance between ensuring voter involvement in financial decisions and enabling local governments to effectively manage their obligations is at the core of the debate surrounding this legislation.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 1431. Anticipation Notes
    • Section: 002
    • Section: 003

Local Government Code

  • Chapter 271. Purchasing And Contracting Authority Of Municipalities, Counties, And Certain Other Local Governments
    • Section: 047

Companion Bills

TX SB1810

Identical Relating to the issuance of certain anticipation notes and certificates of obligation.

Similar Bills

No similar bills found.