By: Troxclair H.B. No. 3879
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the levy and use of certain ad valorem
taxes and the issuance of certain bonds supported by ad valorem
taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.012, Tax Code, is amended by adding
Subdivision (16-a) to read as follows:
(16-a) "Materially Deviate" means to make a
significant change in carrying out the purpose stated to voters on a
ballot proposition, stated in any order or resolution calling for
an election required under this chapter, or resolutions adopted to
accompany or supplement a ballot proposition, including:
(A) a significant change in purpose;
(B) a significant change in the financing
structure for the purpose;
(C) an increase of more than 33 percent in actual
or projected costs of the purpose;
(D) a significant reduction in scope or scale of
the purpose;
(E) a legal determination, including a finding
under Government Code 1202 or 1205, that the purpose stated on the
ballot proposition or any order or resolution calling for an
election required under this chapter was not in conformity with
law; or
(F) any other attempt to substantially impair the
rights and expectations of the voters as they existed at the time of
the election.
SECTION 2. Section 26.05, Tax Code, is amended by adding
Subsection (e-2) to read as follows:
(e-2) A person who owns taxable property is entitled to an
injunction restraining the collection of taxes by a taxing unit in
which the property is taxable if the taxing unit materially
deviates from the purpose stated at the time the voters approved a
tax rate under this chapter. A property owner is not required to
pay the taxes imposed by a taxing unit on the owner's property while
an action filed by a property owner under this subsection is
pending. If the property owner pays the taxes and subsequently
prevails in the action, the property owner is entitled to a refund
of the taxes paid, together with reasonable attorney's fees and
court costs. The property owner is not required to apply to the
collector for the taxing unit to receive the refund.
SECTION 3. Section 26.07, Tax Code, is amended by adding
Subsection (h) to read as follows:
(h) Notwithstanding any other law, an increase in a taxing
unit's maintenance and operations tax revenue derived from an
election under this section may not be used or transferred to a
local government corporation to repay a public security in
installment payments or otherwise.
SECTION 4. The heading to Chapter 1253, Government Code, is
amended to read as follows:
CHAPTER 1253. PUBLIC SECURITIES [GENERAL OBLIGATION BONDS]
ISSUED BY LOCAL ENTITIES [POLITICAL SUBDIVISIONS]
SECTION 5. Chapter 1253, Government Code, is amended by
adding Section 1253.004 to read as follows:
Sec. 1253.004. LIMITATION ON AUTHORITY TO USE AD VALOREM
TAX REVENUE TO PAY PUBLIC SECURITIES. (a) In this section, "public
security" has the meaning assigned by Section 1201.002.
(b) A municipality, county, or local government corporation
may not dedicate, pledge, or otherwise use revenue subject to
annual appropriation and derived wholly or partly from ad valorem
taxes from an election under Chapter 26 of the Tax Code for payment
of a public security, including revenue transferred to a local
government corporation, to secure or make payments on a public
security.
SECTION 6. Section 1253.004, Government Code, as added by
this Act, applies only to a public security as defined by that
section issued on or after the effective date of this Act.
SECTION 5. 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.