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