Texas 2025 - 89th Regular

Texas Senate Bill SB1389 Compare Versions

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11 89R13377 MPF-D
22 By: Hall S.B. No. 1389
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the text of ballot propositions for bond elections.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter B, Chapter 1251, Government Code, as
1212 added by Chapters 728 (H.B. 477) and 505 (S.B. 30), Acts of the 86th
1313 Legislature, Regular Session, 2019, is reenacted and amended to
1414 read as follows:
1515 SUBCHAPTER B. BALLOT FOR DEBT OBLIGATIONS ISSUED BY POLITICAL
1616 SUBDIVISION
1717 Sec. 1251.051. DEFINITIONS. In this subchapter:
1818 (1) "Debt obligation" means a public security, as
1919 defined by Section 1201.002, secured by and payable from ad valorem
2020 taxes. The term does not include public securities that are
2121 designated as self-supporting by the political subdivision issuing
2222 the securities.
2323 (2) "Debt obligation election order" means the order,
2424 ordinance, or resolution ordering an election to authorize the
2525 issuance of debt obligations.
2626 (3) "Political subdivision" means a municipality,
2727 county, school district, or special taxing district.
2828 Sec. 1251.052. FORM. (a) The ballot for a measure seeking
2929 voter approval of the issuance of debt obligations by a political
3030 subdivision shall specifically [state]:
3131 (1) state a general description of the single specific
3232 project [purposes] for which the debt obligations are to be
3333 authorized;
3434 (2) list and clearly describe each structure or
3535 improvement included in the specific project for which the debt
3636 obligations are to be authorized;
3737 (3) state the total estimated cost of each structure
3838 or improvement described by Subdivision (2);
3939 (4) state the total principal amount of the debt
4040 obligations to be authorized;
4141 (5) include the statement "THIS IS A TAX INCREASE";
4242 and
4343 (6) state [(3)] that taxes sufficient to pay the
4444 principal of and interest on the debt obligations will be imposed.
4545 (a-1) Each single specific project [purpose] for which debt
4646 obligations requiring voter approval are to be issued must be
4747 printed on the ballot as a separate proposition. A proposition may
4848 include as a specific project [purpose] one or more structures or
4949 improvements at the same location [serving the substantially same
5050 purpose] and may include [related improvements and] equipment
5151 necessary to accomplish the specific project [purpose].
5252 (b) A political subdivision with at least 250 registered
5353 voters on the date the governing body of the political subdivision
5454 adopts the debt obligation election order must prepare a voter
5555 information document for each proposition to be voted on at the
5656 election. The political subdivision shall post the voter
5757 information document in the same manner as a debt obligation
5858 election order is required to be posted under Section 4.003(f),
5959 Election Code, and may include the voter information document in
6060 the debt obligation election order. The voter information document
6161 must distinctly state:
6262 (1) the language that will appear on the ballot;
6363 (2) the following information formatted as a table:
6464 (A) the principal of the debt obligations to be
6565 authorized;
6666 (B) the estimated interest for the debt
6767 obligations to be authorized;
6868 (C) the estimated combined principal and
6969 interest required to pay on time and in full the debt obligations to
7070 be authorized; and
7171 (D) as of the date the political subdivision
7272 adopts the debt obligation election order:
7373 (i) the principal of all outstanding debt
7474 obligations of the political subdivision;
7575 (ii) the estimated remaining interest on
7676 all outstanding debt obligations of the political subdivision,
7777 which may be based on the political subdivision's expectations
7878 relative to the interest due on any variable rate debt obligations;
7979 and
8080 (iii) the estimated combined principal and
8181 interest required to pay on time and in full all outstanding debt
8282 obligations of the political subdivision, which may be based on the
8383 political subdivision's expectations relative to the interest due
8484 on any variable rate debt obligations;
8585 (3) the estimated maximum annual increase in the
8686 amount of taxes that would be imposed on a residence homestead in
8787 the political subdivision with an appraised value of $100,000 to
8888 repay the debt obligations to be authorized, if approved, based
8989 upon assumptions made by the governing body of the political
9090 subdivision; and
9191 (4) any other information that the political
9292 subdivision considers relevant or necessary to explain the
9393 information required by this subsection.
9494 (c) The governing body of the political subdivision shall
9595 identify in the voter information document the major assumptions
9696 made in connection with the statement required by Subsection
9797 (b)(3), including:
9898 (1) the amortization of the political subdivision's
9999 debt obligations, including outstanding debt obligations and the
100100 proposed debt obligations;
101101 (2) changes in estimated future appraised values
102102 within the political subdivision; and
103103 (3) the assumed interest rate on the proposed debt
104104 obligations.
105105 (d) A political subdivision that maintains an Internet
106106 website shall provide the information described by Subsection (b)
107107 on its website in an easily accessible manner beginning not later
108108 than the 21st day before election day and ending on the day after
109109 the date of the debt obligation election.
110110 (e) This section provides the ballot proposition language
111111 for an election to authorize the issuance of debt obligations by a
112112 political subdivision. To the extent of a conflict between this
113113 section and another law, this section controls.
114114 SECTION 2. The changes in law made by this Act apply only to
115115 an election ordered on or after the effective date of this Act.
116116 SECTION 3. This Act takes effect immediately if it receives
117117 a vote of two-thirds of all the members elected to each house, as
118118 provided by Section 39, Article III, Texas Constitution. If this
119119 Act does not receive the vote necessary for immediate effect, this
120120 Act takes effect September 1, 2025.