Texas 2025 - 89th Regular

Texas House Bill HB3262 Compare Versions

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11 89R11510 MPF-D
22 By: Lowe H.B. No. 3262
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to an election to approve the issuance of bonds or other
1010 debt.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. The heading to Chapter 2, Election Code, is
1313 amended to read as follows:
1414 CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE]
1515 SECTION 2. Chapter 2, Election Code, is amended by adding
1616 Subchapter E to read as follows:
1717 SUBCHAPTER E. SUPERMAJORITY REQUIREMENT FOR CERTAIN ELECTIONS
1818 Sec. 2.101. CERTAIN POLITICAL SUBDIVISION ELECTIONS.
1919 Notwithstanding any other law, an election held by a political
2020 subdivision to authorize the issuance of bonds or other debt does
2121 not authorize the issuance of bonds or other debt unless at least
2222 two-thirds of the voters voting on the proposition authorizing the
2323 issuance of bonds or other debt vote in favor of the proposition.
2424 SECTION 3. Subchapter B, Chapter 1251, Government Code, as
2525 added by Chapters 728 (H.B. 477) and 505 (S.B. 30), Acts of the 86th
2626 Legislature, Regular Session, 2019, is reenacted and amended to
2727 read as follows:
2828 SUBCHAPTER B. BALLOT FOR DEBT OBLIGATIONS ISSUED BY POLITICAL
2929 SUBDIVISION
3030 Sec. 1251.051. DEFINITIONS. In this subchapter:
3131 (1) "Debt obligation" means a public security, as
3232 defined by Section 1201.002, secured by and payable from ad valorem
3333 taxes. The term does not include public securities that are
3434 designated as self-supporting by the political subdivision issuing
3535 the securities.
3636 (2) "Debt obligation election order" means the order,
3737 ordinance, or resolution ordering an election to authorize the
3838 issuance of debt obligations.
3939 (3) "Political subdivision" means a municipality,
4040 county, school district, or special taxing district.
4141 Sec. 1251.052. FORM. (a) The ballot for a measure seeking
4242 voter approval of the issuance of debt obligations by a political
4343 subdivision shall specifically state:
4444 (1) a general description of the single specific
4545 purpose [purposes] for which the debt obligations are to be
4646 authorized;
4747 (2) the total principal amount of the debt obligations
4848 to be authorized; [and]
4949 (3) as of the date the political subdivision adopts
5050 the debt obligation election order, the estimated combined
5151 principal and interest required to pay on time and in full all
5252 outstanding debt obligations of the political subdivision, which
5353 may be based on the political subdivision's expectations relative
5454 to the interest due on any variable rate debt obligations; and
5555 (4) that taxes sufficient to pay the principal of and
5656 interest on the debt obligations will be imposed.
5757 (a-1) Each single specific purpose for which debt
5858 obligations requiring voter approval are to be issued must be
5959 printed on the ballot as a separate proposition. A proposition may
6060 include as a specific purpose one or more structures or
6161 improvements serving the substantially same purpose and may include
6262 related improvements and equipment necessary to accomplish the
6363 specific purpose.
6464 (b) A political subdivision with at least 250 registered
6565 voters on the date the governing body of the political subdivision
6666 adopts the debt obligation election order must prepare a voter
6767 information document for each proposition to be voted on at the
6868 election. The political subdivision shall post the voter
6969 information document in the same manner as a debt obligation
7070 election order is required to be posted under Section 4.003(f),
7171 Election Code, and may include the voter information document in
7272 the debt obligation election order. The voter information document
7373 must distinctly state:
7474 (1) the language that will appear on the ballot;
7575 (2) the following information formatted as a table:
7676 (A) the principal of the debt obligations to be
7777 authorized;
7878 (B) the estimated interest for the debt
7979 obligations to be authorized;
8080 (C) the estimated combined principal and
8181 interest required to pay on time and in full the debt obligations to
8282 be authorized; and
8383 (D) as of the date the political subdivision
8484 adopts the debt obligation election order:
8585 (i) the principal of all outstanding debt
8686 obligations of the political subdivision;
8787 (ii) the estimated remaining interest on
8888 all outstanding debt obligations of the political subdivision,
8989 which may be based on the political subdivision's expectations
9090 relative to the interest due on any variable rate debt obligations;
9191 and
9292 (iii) the estimated combined principal and
9393 interest required to pay on time and in full all outstanding debt
9494 obligations of the political subdivision, which may be based on the
9595 political subdivision's expectations relative to the interest due
9696 on any variable rate debt obligations;
9797 (3) the estimated maximum annual increase in the
9898 amount of taxes that would be imposed on a residence homestead in
9999 the political subdivision with an appraised value of $100,000 to
100100 repay the debt obligations to be authorized, if approved, based
101101 upon assumptions made by the governing body of the political
102102 subdivision; and
103103 (4) any other information that the political
104104 subdivision considers relevant or necessary to explain the
105105 information required by this subsection.
106106 (c) The governing body of the political subdivision shall
107107 identify in the voter information document the major assumptions
108108 made in connection with the statement required by Subsection
109109 (b)(3), including:
110110 (1) the amortization of the political subdivision's
111111 debt obligations, including outstanding debt obligations and the
112112 proposed debt obligations;
113113 (2) changes in estimated future appraised values
114114 within the political subdivision; and
115115 (3) the assumed interest rate on the proposed debt
116116 obligations.
117117 (d) A political subdivision that maintains an Internet
118118 website shall provide the information described by Subsection (b)
119119 on its website in an easily accessible manner beginning not later
120120 than the 21st day before election day and ending on the day after
121121 the date of the debt obligation election.
122122 (e) This section provides the ballot proposition language
123123 for an election to authorize the issuance of debt obligations by a
124124 political subdivision. To the extent of a conflict between this
125125 section and another law, this section controls.
126126 SECTION 4. The changes in law made by this Act apply only to
127127 an election ordered on or after the effective date of this Act. An
128128 election ordered before the effective date of this Act is governed
129129 by the law in effect when the election was ordered.
130130 SECTION 5. This Act takes effect September 1, 2025.