85R3002 ATP-D
 
  By: Lucio S.B. No. 461
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the notice required before the issuance of certain debt
  obligations by political subdivisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 52.072(e), Election Code, is amended to
  read as follows:
         (e)  In addition to any other requirement imposed by law for
  a proposition, including a provision prescribing the proposition
  language, a proposition submitted to the voters for approval of
  [the issuance of bonds or] the imposition, increase, or reduction
  of a tax shall specifically state, as applicable:
               (1)  [with respect to a proposition seeking voter
  approval of the issuance of bonds:
                     [(A)     the total principal amount of the bonds to
  be authorized, if approved; and
                     [(B)     a general description of the purposes for
  which the bonds are to be authorized, if approved;
               [(2)]  with respect to a proposition that only seeks
  voter approval of the imposition or increase of a tax, the amount of
  or maximum tax rate of the tax or tax increase for which approval is
  sought; or
               (2) [(3)]  with respect to a proposition that only
  seeks voter approval of the reduction of a tax, the amount of tax
  rate reduction or the tax rate for which approval is sought.
         SECTION 2.  Chapter 1251, Government Code, is amended by
  designating Sections 1251.001, 1251.003, 1251.004, 1251.005, and
  1251.006 as Subchapter A and adding a subchapter heading to read as
  follows:
  SUBCHAPTER A. PROVISIONS RELATING GENERALLY TO BOND ELECTIONS
         SECTION 3.  Chapter 1251, Government Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B. BALLOT PROPOSITION FOR BONDS ISSUED BY POLITICAL
  SUBDIVISION 
         Sec. 1251.051.  APPLICABILITY. This subchapter applies to
  bonds issued by any political subdivision, including a
  municipality, county, school district, or special taxing district.
         Sec. 1251.052.  FORM. (a) A proposition seeking voter
  approval of the issuance of bonds shall specifically state:
               (1)  a general description of the purposes for which
  the bonds are to be authorized;
               (2)  the total principal amount of the bonds;
               (3)  the rate of interest;
               (4)  the imposition of taxes sufficient to pay the
  annual interest on the bonds and to provide a sinking fund to redeem
  the bonds at maturity; and
               (5)  the maturity date of the bonds or that the bonds
  may be issued to mature serially over a specified number of years
  not to exceed 40.
         (b)  In addition to the requirements of Subsection (a) and
  any other requirement imposed by law for a proposition, including a
  provision prescribing the proposition language, a proposition
  submitted to the voters for approval of the issuance of bonds shall
  specifically state:
               (1)  the total amount of the political subdivision's
  debt secured by ad valorem taxes currently outstanding;
               (2)  the total amount of debt secured by ad valorem
  taxes, including principal and interest, to be authorized;
               (3)  the amount of taxes required to be imposed on a
  homestead with a value of $100,000 in the political subdivision, as
  computed by the appraisal district, to repay the political
  subdivision's current debt obligations secured by ad valorem taxes;
               (4)  the increase in the amount of taxes that would be
  imposed on a homestead with a value of $100,000 in the political
  subdivision, as computed by the appraisal district, to repay the
  bonds to be authorized, if approved; and
               (5)  the maturity date of the bonds to be authorized.
         (c)  A political subdivision that maintains a website shall
  provide the information described by Subsection (b) on its website
  in an easily accessible manner.
         SECTION 4.  Section 271.049, Local Government Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (e) to read as follows:
         (a)  Regardless of the sources of payment of certificates,
  certificates may not be issued unless the issuer publishes notice
  of its intention to issue the certificates.  The notice must be
  published:
               (1)  once a week for two consecutive weeks in a
  newspaper, as defined by Subchapter C, Chapter 2051, Government
  Code, that is of general circulation in the area of the issuer, with
  the date of the first publication to be before the 45th [30th] day
  before the date tentatively set for the passage of the order or
  ordinance authorizing the issuance of the certificates; and
               (2)  if the issuer maintains a website, continuously on
  the issuer's website for at least 45 days before the date
  tentatively set for the passage of the order or ordinance
  authorizing the issuance of the certificates.
         (b)  The notice must state:
               (1)  the time and place tentatively set for the passage
  of the order or ordinance authorizing the issuance of the
  certificates;
               (2)  the [maximum amount and] purpose of the
  certificates to be authorized; [and]
               (3)  the manner in which the certificates will be paid
  for, whether by taxes, revenues, or a combination of the two;
               (4)  the following, stated as a total amount and as a
  per capita amount:
                     (A)  the then-current principal of all
  outstanding debt obligations of the issuer;
                     (B)  the then-current combined principal and
  interest required to pay all outstanding debt obligations of the
  issuer on time and in full;
                     (C)  the principal of the certificates to be
  authorized; and
                     (D)  the estimated combined principal and
  interest required to pay the certificates to be authorized on time
  and in full;
               (5)  the estimated rate of interest for the
  certificates to be authorized; and
               (6)  the maturity date of the certificates to be
  authorized.
         (e)  In this section, "debt obligation" means an issued
  public security, as defined by Section 1201.002, Government Code.
         SECTION 5.  Section 1251.002, Government Code, is repealed.
         SECTION 6.  (a)  The changes in law made by this Act to
  Chapter 1251, Government Code, apply only to a ballot for an
  election ordered on or after the effective date of this Act. An
  election ordered before the effective date of this Act is governed
  by the law in effect when the election was ordered, and the former
  law is continued in effect for that purpose.
         (b)  The changes in law made by this Act to Section 271.049,
  Local Government Code, apply only to a certificate of obligation
  for which the first notice of intention to issue the certificate is
  made on or after the effective date of this Act. A certificate of
  obligation for which the first notice of intention to issue the
  certificate is made before the effective date of this Act is
  governed by the law in effect when the notice of intention is made,
  and the former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2017.