1 | 1 | | 88R4576 SHH-F |
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2 | 2 | | By: Bettencourt, Middleton S.B. No. 977 |
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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 definition of debt for the purposes of calculating |
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8 | 8 | | certain ad valorem tax rates of a taxing unit. |
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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. Section 26.012(7), Tax Code, is amended to read |
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11 | 11 | | as follows: |
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12 | 12 | | (7) "Debt" means[: |
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13 | 13 | | [(A)] a bond, warrant, certificate of |
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14 | 14 | | obligation, or other evidence of indebtedness owed by a taxing unit |
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15 | 15 | | that has been approved at an election and[: |
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16 | 16 | | [(i)] is payable from property taxes in |
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17 | 17 | | installments over a period of more than one year, not budgeted for |
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18 | 18 | | payment from maintenance and operations funds, and secured by a |
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19 | 19 | | pledge of property taxes,[; and |
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20 | 20 | | [(ii) meets one of the following |
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21 | 21 | | requirements: |
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22 | 22 | | [(a) has been approved at an election; |
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23 | 23 | | [(b) includes self-supporting debt; |
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24 | 24 | | [(c) evidences a loan under a state or |
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25 | 25 | | federal financial assistance program; |
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26 | 26 | | [(d) is issued for designated |
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27 | 27 | | infrastructure; |
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28 | 28 | | [(e) is a refunding bond; |
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29 | 29 | | [(f) is issued in response to an |
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30 | 30 | | emergency under Section 1431.015, Government Code; |
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31 | 31 | | [(g) is issued for renovating, |
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32 | 32 | | improving, or equipping existing buildings or facilities; |
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33 | 33 | | [(h) is issued for vehicles or |
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34 | 34 | | equipment; or |
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35 | 35 | | [(i) is issued for a project under |
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36 | 36 | | Chapter 311, Tax Code, or Chapter 222, Transportation Code, that is |
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37 | 37 | | located in a reinvestment zone created under one of those |
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38 | 38 | | chapters;] or |
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39 | 39 | | [(B)] a payment made under contract to secure |
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40 | 40 | | indebtedness of a similar nature issued by another political |
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41 | 41 | | subdivision on behalf of the taxing unit. |
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42 | 42 | | SECTION 2. Sections 26.012(9), (18-a), and (18-b), Tax |
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43 | 43 | | Code, are repealed. |
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44 | 44 | | SECTION 3. The changes in law made by this Act apply only to |
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45 | 45 | | a bond, warrant, certificate of obligation, or other evidence of |
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46 | 46 | | indebtedness for which the ordinance, order, or resolution |
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47 | 47 | | authorizing the issuance is adopted by the governing body of a |
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48 | 48 | | taxing unit on or after the effective date of this Act and for which |
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49 | 49 | | the taxing unit has not entered into a binding agreement before the |
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50 | 50 | | effective date of this Act that contemplates the issuance of the |
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51 | 51 | | debt. The changes in law made by this Act do not apply to a bond, |
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52 | 52 | | warrant, certificate of obligation, or other evidence of |
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53 | 53 | | indebtedness for which the ordinance, order, or resolution |
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54 | 54 | | authorizing the issuance was adopted by the governing body of a |
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55 | 55 | | taxing unit before the effective date of this Act or for which the |
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56 | 56 | | taxing unit has entered into a binding agreement before the |
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57 | 57 | | effective date of this Act that contemplates the issuance of such |
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58 | 58 | | debt, and the former law is continued in effect for that purpose. |
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59 | 59 | | For the purposes of this section, "binding agreement" includes a |
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60 | 60 | | development agreement, ordinance, order, or resolution that |
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61 | 61 | | authorizes or delegates to an appropriate officer of a taxing unit |
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62 | 62 | | the execution of a binding agreement at a later date. |
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63 | 63 | | SECTION 4. This Act takes effect September 1, 2023. |
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