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