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A BILL TO BE ENTITLED
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AN ACT
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relating to public access to financial and tax rate information of |
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certain special purpose districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Sections 403.0241 and 403.0242 to read as |
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follows: |
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Sec. 403.0241. SPECIAL PURPOSE DISTRICT PUBLIC INFORMATION |
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DATABASE. (a) In this section: |
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(1) "Special purpose district" means a political |
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subdivision of this state with geographic boundaries that define |
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the subdivision's territorial jurisdiction. The term does not |
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include a municipality, county, junior college district, |
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independent school district, or political subdivision with |
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statewide jurisdiction. |
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(2) "Tax year" has the meaning assigned by Section |
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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 Special Purpose District |
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Public Information Database, that contains information regarding |
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all active special purpose districts of this state that are |
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authorized by the state by a general or special law to impose an ad |
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valorem tax or a sales and use tax, to impose an assessment, or to |
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charge a fee. |
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(c) For each special purpose district described by |
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Subsection (b), the database must include: |
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(1) the name of the special purpose district; |
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(2) the name of each board member or employee of the |
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special purpose district; |
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(3) the name of each attorney who represents the |
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district; |
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(4) contact information for the main office of the |
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special purpose district, including the physical address, the |
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mailing address, and the main telephone number; |
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(5) the special purpose district's Internet website |
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address, if any; |
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(6) the information the special purpose district is |
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required to report under Section 140.008(b) or (g), Local |
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Government Code, including any revenue obligations; |
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(7) the total annual revenue of the special purpose |
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district, including bond proceeds and grants; |
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(8) the amount of money in the special purpose |
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district's possession on the last day of the most recently |
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completed fiscal year, including a statement of the balance in each |
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of its accounts at the end of that fiscal year; |
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(9) the rate of any sales and use tax the special |
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purpose district imposes; and |
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(10) 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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(d) The comptroller may consult with the appropriate |
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officer of, or other person representing, each special purpose |
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district to obtain the information necessary to operate and update |
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the database. |
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(e) To the extent information required in the database is |
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otherwise collected or maintained by a state agency or special |
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purpose district, the comptroller may request and the state agency |
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or special purpose district shall provide that information and |
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updates to the information as necessary for inclusion in the |
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database. |
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(f) The comptroller shall update information in the |
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database at least annually. |
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(g) The comptroller may not charge a fee to the public to |
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access the database. |
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(h) The comptroller may establish procedures and adopt |
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rules to implement this section. |
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Sec. 403.0242. SPECIAL PURPOSE DISTRICT NONCOMPLIANCE |
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LIST. (a) The comptroller shall prepare and maintain a |
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noncompliance list of special purpose districts that have not |
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complied with a requirement to provide information under Section |
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403.0241 or Section 203.062, Local Government Code. |
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(b) If a special purpose district does not comply with a |
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requirement to provide information under Section 403.0241 or |
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Section 203.062, Local Government Code, the comptroller shall |
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notify the person listed as the contact for the district. The |
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notice must be in writing, describe the information that must be |
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submitted to the comptroller, and inform the special purpose |
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district that the district will be placed on the noncompliance list |
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if the required information is not provided. |
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(c) The attorney general may not approve a public security |
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submitted under Chapter 1202 by a special purpose district that |
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appears on the noncompliance list until the attorney general |
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receives written notification from the comptroller that the |
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comptroller: |
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(1) has received the required information; or |
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(2) has agreed to a later date for the special purpose |
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district to submit the information. |
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SECTION 2. 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. This subchapter |
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applies only to a special purpose district described by Section |
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403.0241(b), Government Code. |
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Sec. 203.062. PROVISION OF CERTAIN RECORDS AND OTHER |
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INFORMATION TO COMPTROLLER. (a) A special purpose district shall |
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transmit records and other information to the comptroller annually |
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for purposes of providing the comptroller with information to |
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operate and update the Special Purpose District Public Information |
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Database under Section 403.0241, Government Code. |
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(b) The special purpose district may comply with Subsection |
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(a) by transmitting an affidavit affirming that records and other |
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information previously transmitted are current. |
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(c) The special purpose district shall transmit the records |
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and other information in a form and in the manner prescribed by the |
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comptroller. |
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SECTION 3. The comptroller shall create and post on the |
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Internet the Special Purpose District Public Information Database |
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required by Section 403.0241, Government Code, as added by this |
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Act, not later than January 1, 2018. |
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SECTION 4. Not later than January 1, 2018, the comptroller |
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shall send written notice to each special purpose district |
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described by Section 403.0241(b), Government Code, as added by this |
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Act, that describes the changes in law made by this Act. Each |
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special purpose district that receives notice shall submit to the |
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comptroller any information required under Section 403.0241, |
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Government Code, as added by this Act, or Section 203.062, Local |
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Government Code, as added by this Act, not later than the 90th day |
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after the date the district receives the notice. |
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SECTION 5. The changes in law made by this Act in Section |
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403.0242(c), Government Code, apply only to a security submitted |
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for review to the attorney general by an issuer on or after April 2, |
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2018. A security submitted for review to the attorney general by an |
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issuer before April 2, 2018, is governed by the law in effect when |
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the security is submitted, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |