Texas 2023 - 88th Regular

Texas Senate Bill SB977 Compare Versions

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11 88R4576 SHH-F
22 By: Bettencourt, Middleton S.B. No. 977
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the definition of debt for the purposes of calculating
88 certain ad valorem tax rates of a taxing unit.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 26.012(7), Tax Code, is amended to read
1111 as follows:
1212 (7) "Debt" means[:
1313 [(A)] a bond, warrant, certificate of
1414 obligation, or other evidence of indebtedness owed by a taxing unit
1515 that has been approved at an election and[:
1616 [(i)] is payable from property taxes in
1717 installments over a period of more than one year, not budgeted for
1818 payment from maintenance and operations funds, and secured by a
1919 pledge of property taxes,[; and
2020 [(ii) meets one of the following
2121 requirements:
2222 [(a) has been approved at an election;
2323 [(b) includes self-supporting debt;
2424 [(c) evidences a loan under a state or
2525 federal financial assistance program;
2626 [(d) is issued for designated
2727 infrastructure;
2828 [(e) is a refunding bond;
2929 [(f) is issued in response to an
3030 emergency under Section 1431.015, Government Code;
3131 [(g) is issued for renovating,
3232 improving, or equipping existing buildings or facilities;
3333 [(h) is issued for vehicles or
3434 equipment; or
3535 [(i) is issued for a project under
3636 Chapter 311, Tax Code, or Chapter 222, Transportation Code, that is
3737 located in a reinvestment zone created under one of those
3838 chapters;] or
3939 [(B)] a payment made under contract to secure
4040 indebtedness of a similar nature issued by another political
4141 subdivision on behalf of the taxing unit.
4242 SECTION 2. Sections 26.012(9), (18-a), and (18-b), Tax
4343 Code, are repealed.
4444 SECTION 3. The changes in law made by this Act apply only to
4545 a bond, warrant, certificate of obligation, or other evidence of
4646 indebtedness for which the ordinance, order, or resolution
4747 authorizing the issuance is adopted by the governing body of a
4848 taxing unit on or after the effective date of this Act and for which
4949 the taxing unit has not entered into a binding agreement before the
5050 effective date of this Act that contemplates the issuance of the
5151 debt. The changes in law made by this Act do not apply to a bond,
5252 warrant, certificate of obligation, or other evidence of
5353 indebtedness for which the ordinance, order, or resolution
5454 authorizing the issuance was adopted by the governing body of a
5555 taxing unit before the effective date of this Act or for which the
5656 taxing unit has entered into a binding agreement before the
5757 effective date of this Act that contemplates the issuance of such
5858 debt, and the former law is continued in effect for that purpose.
5959 For the purposes of this section, "binding agreement" includes a
6060 development agreement, ordinance, order, or resolution that
6161 authorizes or delegates to an appropriate officer of a taxing unit
6262 the execution of a binding agreement at a later date.
6363 SECTION 4. This Act takes effect September 1, 2023.