Texas 2025 - 89th Regular

Texas House Bill HB5490

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the requirements regarding an election to authorize the issuance of general obligation bonds or to approve an increase in an ad valorem tax rate.

Impact

One of the significant changes introduced by HB5490 is the requirement for a supermajority voter approval, set at two-thirds, to authorize the issuance of general obligation bonds. This elevates the threshold for local governments intending to fund projects through debt financing, potentially leading to fewer projects being approved due to the higher bar for voter consent. The adjustments mean that political subdivisions must now engage more rigorously with their constituents to ensure adequate support before seeking bond approvals, emphasizing the need for community outreach and education.

Summary

House Bill 5490 focuses on amending current requirements for elections concerning the issuance of general obligation bonds and modifications to the ad valorem tax rate in Texas. The bill stipulates that elections for authorizing general obligation bonds or approving increases in the tax rate must be held on the standardized November election date. Furthermore, it declares that such elections will not be eligible to occur as emergency elections, reinforcing the regular scheduling of these critical civic events.

Contention

The bill has sparked discussions on the implications of imposing a supermajority requirement on local government financing received mixed reactions. Supporters argue that such a measure protects taxpayer interests by ensuring that significant financial commitments reflect a broad consensus among voters. Conversely, opponents fear that this could stifle local initiatives by making it increasingly challenging to secure necessary funding in a timely manner, thus delaying essential infrastructure and community services. The balance between maintaining fiscal responsibility and enabling local governance flexibility remains a point of contention among stakeholders.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 1253. General Obligation Bonds Issued By Political Subdivisions
    • Section: New Section

Health And Safety Code

  • Chapter 281. Hospital Districts In Counties Of At Least 190,000
    • Section: 124

Special District Local Laws Code

  • Chapter 1101. Sutton County Hospital District
    • Section: 254

Tax Code

  • Chapter 26. Assessment
    • Section: 06
    • Section: 07
    • Section: 08

Election Code

  • Chapter 41. Election Dates And Hours For Voting
    • Section: New Section

Companion Bills

TX HJR213

Enabling for Proposing a constitutional amendment to require a supermajority vote to authorize a political subdivision to issue general obligation bonds.

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