| 1 | 1 | | By: Cain H.B. No. 2736 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to an election authorizing the issuance of bonds or an |
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| 9 | 9 | | increase in taxes by a political subdivision. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Chapter 2, Election Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE] |
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| 14 | 14 | | SECTION 2. Section Chapter 2, Election Code, is amended by |
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| 15 | 15 | | adding Subchapter E to read as follows: |
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| 16 | 16 | | SUBCHAPTER E. SUPERMAJORITY REQUIREMENT FOR CERTAIN ELECTIONS |
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| 17 | 17 | | Sec. 2.101. POLITICAL SUBDIVISION BOND OR TAX ELECTION. |
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| 18 | 18 | | Notwithstanding any other law, an election held by a political |
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| 19 | 19 | | subdivision to authorize the issuance of bonds or to increase taxes |
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| 20 | 20 | | does not authorize the issuance of the bonds or the increase in |
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| 21 | 21 | | taxes unless at least two-thirds of the voters voting in the |
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| 22 | 22 | | election vote in favor of authorizing the issuance of bonds. |
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| 23 | 23 | | SECTION 3. Subchapter A, Chapter 41, Election Code, is |
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| 24 | 24 | | amended by adding Section 41.0051 to read as follows: |
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| 25 | 25 | | Sec. 41.0051. ELECTION TO ISSUE BONDS OR INCREASE TAXES. |
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| 26 | 26 | | (a) Notwithstanding any other law, an election required for the |
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| 27 | 27 | | issuance of bonds or to increase taxes by a political subdivision |
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| 28 | 28 | | shall be held on the November uniform election date. |
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| 29 | 29 | | (b) This section does not apply to an election under Section |
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| 30 | 30 | | 26.07 or 26.08, Tax Code. |
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| 31 | 31 | | SECTION 4. Section 1251.001, Government Code, is amended to |
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| 32 | 32 | | read as follows: |
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| 33 | 33 | | Sec. 1251.001. BOND ELECTION REQUIRED. (a) A political |
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| 34 | 34 | | subdivision [county or municipality] may not issue bonds [that are |
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| 35 | 35 | | to be paid from ad valorem taxes] unless the issuance is first |
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| 36 | 36 | | approved by the qualified voters of the political subdivision |
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| 37 | 37 | | [county or municipality] in an election. |
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| 38 | 38 | | (b) To the extent of a conflict between this section and |
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| 39 | 39 | | another law, this section controls. |
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| 40 | 40 | | SECTION 5. The changes in law made by this Act apply only to |
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| 41 | 41 | | bond elections or tax increase elections ordered on or after the |
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| 42 | 42 | | effective date of this Act. A bond election or tax increase |
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| 43 | 43 | | election ordered before the effective date of this Act is governed |
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| 44 | 44 | | by the law in effect when the bond election was ordered, and the |
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| 45 | 45 | | former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 6. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2025. |
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