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A BILL TO BE ENTITLED
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AN ACT
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relating to public access to boundary, financial, and tax rate |
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information of certain political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 44, Education Code, is |
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amended by adding Section 44.012 to read as follows: |
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Sec. 44.012. ANNUAL TRANSMISSION OF INFORMATION TO |
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COMPTROLLER. The agency shall transmit annually an electronic copy |
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of each school district's adopted budget and any school district |
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financial reports filed with and reviewed by the agency under |
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Section 44.010 for purposes of providing the comptroller with |
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information to operate and update the Political Subdivision Public |
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Information Warehouse under Section 403.0241, Government Code. The |
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agency shall transmit the information in the form prescribed by the |
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comptroller. |
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SECTION 2. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0241 to read as follows: |
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Sec. 403.0241. POLITICAL SUBDIVISION PUBLIC INFORMATION |
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WAREHOUSE. (a) In this section, "tax year" has the meaning |
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assigned by Section 1.04, Tax Code. |
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(b) The comptroller shall create and make accessible on the |
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Internet a database, to be known as the Political Subdivision |
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Public Information Warehouse, that contains information regarding |
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all active political subdivisions of this state that are authorized |
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by the state by a general or special law to impose an ad valorem or |
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sales and use tax or to issue bonds, notes, or other obligations. |
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(c) The warehouse database must include with respect to each |
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political subdivision described by Subsection (b): |
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(1) the name of the political subdivision; |
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(2) the rate of any sales and use tax the political |
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subdivision imposes; |
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(3) the table of ad valorem tax rates for the most |
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recent tax year described by Section 26.16, Tax Code, in the form |
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required by that section; |
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(4) the total amount of the political subdivision's |
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debt, including principal and interest, and the year in which that |
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debt would be paid in accordance with the current applicable terms; |
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(5) the political subdivision's Internet website |
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address or, if the political subdivision does not operate an |
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Internet website, contact information to enable a member of the |
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public to obtain information from the political subdivision; and |
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(6) the Internet website address for the appraisal |
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district in each county in which the political subdivision has |
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territory. |
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(d) The warehouse database may include with respect to each |
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political subdivision described by Subsection (b) the following |
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information, or a link to the information, that is provided through |
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an Internet website maintained by the political subdivision: |
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(1) information describing the political |
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subdivision's boundaries; |
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(2) the political subdivision's budget for its current |
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fiscal year; |
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(3) each current check registry published by the |
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political subdivision's governing body; and |
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(4) any other current financial audit or annual report |
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published by the political subdivision's governing body. |
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(e) The comptroller may consult with the appropriate |
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officer of, or other person representing, each political |
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subdivision described by Subsection (b) to obtain the information |
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necessary to operate and update the warehouse database. |
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(f) The governing body of a political subdivision that |
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publishes on the political subdivision's Internet website the |
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political subdivision's check registry shall provide to the |
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comptroller the Internet address of the Internet page on which that |
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registry may be accessed for purposes of Subsection (d)(3). |
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(g) To the extent information required in the warehouse |
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database is otherwise collected or maintained by a state agency or |
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political subdivision, the comptroller may request and the state |
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agency or political subdivision shall provide that information and |
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updates to the information as necessary for inclusion in the |
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warehouse database. |
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(h) The comptroller shall update information in the |
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warehouse database regarding the rates of taxes imposed by each |
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political subdivision described by Subsection (b) at least |
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annually. |
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(i) To the extent possible, the comptroller shall present |
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information in the warehouse database in a manner that is |
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searchable and intuitive to users. The comptroller may enhance and |
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organize the presentation of the information through the use of |
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graphical representations as the comptroller considers |
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appropriate. |
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(j) The comptroller may not charge a fee to the public to |
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access the warehouse database. |
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(k) The comptroller may establish procedures and adopt |
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rules to implement this section. |
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SECTION 3. Chapter 203, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. RECORDS AND INFORMATION PROVIDED TO COMPTROLLER |
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Sec. 203.061. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter applies only to the following political subdivisions of |
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this state: |
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(1) each political subdivision that has authority to |
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issue general obligation bonds, except as provided by Subsection |
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(b), including a taxing unit as defined by Section 1.04, Tax Code, |
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that has authority to issue general obligation bonds; and |
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(2) each special purpose district or other political |
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subdivision that has authority to impose a sales tax, including a |
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taxing entity as defined by Section 322.002, Tax Code. |
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(b) This subchapter does not apply to a school district. |
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Sec. 203.062. PROVISION OF CERTAIN RECORDS AND OTHER |
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INFORMATION TO COMPTROLLER. A political subdivision shall transmit |
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records and other information specified by this subchapter to the |
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comptroller annually for purposes of providing the comptroller with |
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information to operate and update the Political Subdivision Public |
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Information Warehouse under Section 403.0241, Government Code. The |
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political subdivision shall transmit the records and other |
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information in a form and in the manner prescribed by the |
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comptroller. |
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Sec. 203.063. BOUNDARIES AND DISSOLUTION RECORDS. (a) A |
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political subdivision, other than a county or municipality, shall |
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transmit to the comptroller as provided by Section 203.062 each |
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information form, map, and plat, and any amendment to an |
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information form, map, or plat, and each statement regarding the |
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annexation or consolidation of the political subdivision. |
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(a-1) A political subdivision that is active on September 1, |
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2015, shall transmit the information required by Subsection (a) to |
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the comptroller not later than September 1, 2016. This subsection |
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expires January 1, 2017. |
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(b) A political subdivision created on or after September 1, |
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2015, shall transmit the information required by Subsection (a) to |
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the comptroller on or before the later of: |
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(1) September 1, 2016; or |
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(2) six months after the political subdivision's |
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creation date. |
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(c) If after a political subdivision transmits the |
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information required by Subsection (a) to the comptroller the |
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political subdivision's boundaries change or the political |
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subdivision dissolves, the political subdivision shall transmit to |
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the comptroller as provided by Section 203.062 and as applicable |
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each information form, map, and plat, and any amendment to an |
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information form, map, or plat, and each statement regarding the |
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dissolution, annexation, or consolidation of the district not later |
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than six months after the date the change in boundaries or |
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dissolution occurs. |
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Sec. 203.064. FINANCIAL INFORMATION. A political |
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subdivision shall transmit to the comptroller as provided by |
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Section 203.062 the following financial information: |
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(1) the political subdivision's most recently adopted |
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annual budget; and |
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(2) the political subdivision's most recent annual |
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financial report. |
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Sec. 203.065. INTERNET WEBSITE. A political subdivision |
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shall transmit to the comptroller as provided by Section 203.062 |
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the address of the Internet website maintained by the political |
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subdivision, if any. |
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SECTION 4. The comptroller of public accounts shall create |
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and post on the Internet the Political Subdivision Public |
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Information Warehouse required by Section 403.0241, Government |
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Code, as added by this Act, not later than December 31, 2017. |
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SECTION 5. This Act takes effect September 1, 2015. |