1 | 1 | | 89R13377 MPF-D |
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2 | 2 | | By: Hall S.B. No. 1389 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the text of ballot propositions for bond elections. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter B, Chapter 1251, Government Code, as |
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12 | 12 | | added by Chapters 728 (H.B. 477) and 505 (S.B. 30), Acts of the 86th |
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13 | 13 | | Legislature, Regular Session, 2019, is reenacted and amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | SUBCHAPTER B. BALLOT FOR DEBT OBLIGATIONS ISSUED BY POLITICAL |
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16 | 16 | | SUBDIVISION |
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17 | 17 | | Sec. 1251.051. DEFINITIONS. In this subchapter: |
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18 | 18 | | (1) "Debt obligation" means a public security, as |
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19 | 19 | | defined by Section 1201.002, secured by and payable from ad valorem |
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20 | 20 | | taxes. The term does not include public securities that are |
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21 | 21 | | designated as self-supporting by the political subdivision issuing |
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22 | 22 | | the securities. |
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23 | 23 | | (2) "Debt obligation election order" means the order, |
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24 | 24 | | ordinance, or resolution ordering an election to authorize the |
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25 | 25 | | issuance of debt obligations. |
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26 | 26 | | (3) "Political subdivision" means a municipality, |
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27 | 27 | | county, school district, or special taxing district. |
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28 | 28 | | Sec. 1251.052. FORM. (a) The ballot for a measure seeking |
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29 | 29 | | voter approval of the issuance of debt obligations by a political |
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30 | 30 | | subdivision shall specifically [state]: |
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31 | 31 | | (1) state a general description of the single specific |
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32 | 32 | | project [purposes] for which the debt obligations are to be |
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33 | 33 | | authorized; |
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34 | 34 | | (2) list and clearly describe each structure or |
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35 | 35 | | improvement included in the specific project for which the debt |
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36 | 36 | | obligations are to be authorized; |
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37 | 37 | | (3) state the total estimated cost of each structure |
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38 | 38 | | or improvement described by Subdivision (2); |
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39 | 39 | | (4) state the total principal amount of the debt |
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40 | 40 | | obligations to be authorized; |
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41 | 41 | | (5) include the statement "THIS IS A TAX INCREASE"; |
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42 | 42 | | and |
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43 | 43 | | (6) state [(3)] that taxes sufficient to pay the |
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44 | 44 | | principal of and interest on the debt obligations will be imposed. |
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45 | 45 | | (a-1) Each single specific project [purpose] for which debt |
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46 | 46 | | obligations requiring voter approval are to be issued must be |
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47 | 47 | | printed on the ballot as a separate proposition. A proposition may |
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48 | 48 | | include as a specific project [purpose] one or more structures or |
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49 | 49 | | improvements at the same location [serving the substantially same |
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50 | 50 | | purpose] and may include [related improvements and] equipment |
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51 | 51 | | necessary to accomplish the specific project [purpose]. |
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52 | 52 | | (b) A political subdivision with at least 250 registered |
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53 | 53 | | voters on the date the governing body of the political subdivision |
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54 | 54 | | adopts the debt obligation election order must prepare a voter |
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55 | 55 | | information document for each proposition to be voted on at the |
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56 | 56 | | election. The political subdivision shall post the voter |
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57 | 57 | | information document in the same manner as a debt obligation |
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58 | 58 | | election order is required to be posted under Section 4.003(f), |
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59 | 59 | | Election Code, and may include the voter information document in |
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60 | 60 | | the debt obligation election order. The voter information document |
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61 | 61 | | must distinctly state: |
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62 | 62 | | (1) the language that will appear on the ballot; |
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63 | 63 | | (2) the following information formatted as a table: |
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64 | 64 | | (A) the principal of the debt obligations to be |
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65 | 65 | | authorized; |
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66 | 66 | | (B) the estimated interest for the debt |
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67 | 67 | | obligations to be authorized; |
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68 | 68 | | (C) the estimated combined principal and |
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69 | 69 | | interest required to pay on time and in full the debt obligations to |
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70 | 70 | | be authorized; and |
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71 | 71 | | (D) as of the date the political subdivision |
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72 | 72 | | adopts the debt obligation election order: |
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73 | 73 | | (i) the principal of all outstanding debt |
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74 | 74 | | obligations of the political subdivision; |
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75 | 75 | | (ii) the estimated remaining interest on |
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76 | 76 | | all outstanding debt obligations of the political subdivision, |
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77 | 77 | | which may be based on the political subdivision's expectations |
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78 | 78 | | relative to the interest due on any variable rate debt obligations; |
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79 | 79 | | and |
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80 | 80 | | (iii) the estimated combined principal and |
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81 | 81 | | interest required to pay on time and in full all outstanding debt |
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82 | 82 | | obligations of the political subdivision, which may be based on the |
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83 | 83 | | political subdivision's expectations relative to the interest due |
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84 | 84 | | on any variable rate debt obligations; |
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85 | 85 | | (3) the estimated maximum annual increase in the |
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86 | 86 | | amount of taxes that would be imposed on a residence homestead in |
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87 | 87 | | the political subdivision with an appraised value of $100,000 to |
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88 | 88 | | repay the debt obligations to be authorized, if approved, based |
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89 | 89 | | upon assumptions made by the governing body of the political |
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90 | 90 | | subdivision; and |
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91 | 91 | | (4) any other information that the political |
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92 | 92 | | subdivision considers relevant or necessary to explain the |
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93 | 93 | | information required by this subsection. |
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94 | 94 | | (c) The governing body of the political subdivision shall |
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95 | 95 | | identify in the voter information document the major assumptions |
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96 | 96 | | made in connection with the statement required by Subsection |
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97 | 97 | | (b)(3), including: |
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98 | 98 | | (1) the amortization of the political subdivision's |
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99 | 99 | | debt obligations, including outstanding debt obligations and the |
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100 | 100 | | proposed debt obligations; |
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101 | 101 | | (2) changes in estimated future appraised values |
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102 | 102 | | within the political subdivision; and |
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103 | 103 | | (3) the assumed interest rate on the proposed debt |
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104 | 104 | | obligations. |
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105 | 105 | | (d) A political subdivision that maintains an Internet |
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106 | 106 | | website shall provide the information described by Subsection (b) |
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107 | 107 | | on its website in an easily accessible manner beginning not later |
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108 | 108 | | than the 21st day before election day and ending on the day after |
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109 | 109 | | the date of the debt obligation election. |
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110 | 110 | | (e) This section provides the ballot proposition language |
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111 | 111 | | for an election to authorize the issuance of debt obligations by a |
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112 | 112 | | political subdivision. To the extent of a conflict between this |
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113 | 113 | | section and another law, this section controls. |
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114 | 114 | | SECTION 2. The changes in law made by this Act apply only to |
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115 | 115 | | an election ordered on or after the effective date of this Act. |
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116 | 116 | | SECTION 3. This Act takes effect immediately if it receives |
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117 | 117 | | a vote of two-thirds of all the members elected to each house, as |
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118 | 118 | | provided by Section 39, Article III, Texas Constitution. If this |
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119 | 119 | | Act does not receive the vote necessary for immediate effect, this |
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120 | 120 | | Act takes effect September 1, 2025. |
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