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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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political subdivisions. |
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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 Section 403.0241 to read as follows: |
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Sec. 403.0241. INTERNET PORTAL TO LOCAL GOVERNMENT |
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FINANCES. (a) In this section, "taxing unit" and "tax year" have |
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the meanings assigned by Section 1.04, Tax Code. |
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(b) The comptroller shall establish an Internet portal to |
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allow a member of the public to access without charge financial and |
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tax information for political subdivisions of this state. The |
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portal must include a search feature that retrieves the information |
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specified by this section in response to a user's entry of the |
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address of a location in this state. |
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(c) The Internet portal must be accessible by members of the |
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public and must be designed to retrieve, with respect to any address |
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of a location in this state that a user enters into the search |
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feature, the following information for each political subdivision |
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within the boundaries or extraterritorial jurisdiction of which the |
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address is located, organized by political subdivision: |
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(1) the name of the political subdivision; and |
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(2) 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 from the political subdivision financial and tax |
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information. |
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(d) Subject to Subsection (e), for each political |
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subdivision identified as required by Subsection (c), the Internet |
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portal must be designed to enable the user to access the following |
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financial information on the political subdivision's Internet |
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website: |
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(1) the budget for the political subdivision's current |
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fiscal year; |
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(2) each proposed budget for the following fiscal year |
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that currently is under consideration by the political |
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subdivision's governing body; |
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(3) the most recent annual financial report published |
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by the political subdivision's governing body; |
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(4) the most recent annual financial exhibit as |
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prescribed by Section 102.012 or 114.022, Local Government Code, if |
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applicable; |
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(5) the most recent monthly financial report as |
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prescribed by Section 102.013 or 114.023, Local Government Code, if |
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applicable; |
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(6) each other current financial report, statement, or |
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exhibit prepared by the political subdivision; and |
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(7) each current check registry published by the |
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political subdivision's governing body. |
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(e) If information specified by Subsection (d) is not |
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available on an Internet website operated by the political |
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subdivision, or if the political subdivision does not operate an |
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Internet website, the Internet portal must clearly indicate that |
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the information is not available through the portal. |
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(f) The Internet portal must be designed to enable the user |
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to access the following ad valorem taxation information for each |
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location in this state the address of which a user enters into the |
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search feature of the portal: |
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(1) the Internet home page for the appraisal district |
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established in the county in which the address is located; and |
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(2) for the most recent tax year for which a tax rate |
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has been adopted and for the preceding tax year, a table of the |
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applicable ad valorem tax rates of each political subdivision |
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retrieved by the portal's search feature as required by Subsection |
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(c) that is a taxing unit. |
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(g) The table of the applicable ad valorem tax rates |
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required by Subsection (f)(2) must show in rows under columns |
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respectively titled "Maintenance and Operations Tax Rate," |
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"Effective Tax Rate," "Rollback Tax Rate," "Interest and Sinking |
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Fund Tax Rate," and "Total Tax Rate" the following ad valorem tax |
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rates of each applicable taxing unit for the tax years specified by |
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that subsection, expressed as amounts per $100 valuation of taxable |
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property: |
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(1) the component of the taxing unit's adopted tax rate |
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described by Section 26.05(a)(2), Tax Code; |
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(2) the effective tax rate of the taxing unit |
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calculated under Chapter 26, Tax Code; |
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(3) the rollback tax rate of the taxing unit |
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calculated under Chapter 26, Tax Code; |
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(4) the component of the taxing unit's adopted tax rate |
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described by Section 26.05(a)(1), Tax Code; and |
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(5) the taxing unit's tax rate adopted under Section |
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26.05, Tax Code. |
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(h) Not later than October 31 of each year or the 30th day |
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after the date the taxing unit adopts a tax rate for that tax year, |
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whichever is later, the assessor for each taxing unit shall provide |
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to the comptroller the ad valorem tax rates specified by Subsection |
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(g). |
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(i) If the ad valorem tax rate adopted for the current tax |
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year by a taxing unit other than a school district is reduced by an |
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election under Section 26.07, Tax Code, the assessor for the unit, |
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not later than the 30th day after the date of the election, shall |
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notify the comptroller of the rate to which the unit's tax rate has |
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been reduced. |
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(j) If the ad valorem tax rate adopted for the current tax |
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year by a school district is not approved in an election under |
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Section 26.08, Tax Code, the assessor for the district, not later |
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than the 30th day after the date the district adopts a tax rate |
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following the election, shall notify the comptroller of the |
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subsequently adopted tax rate. |
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(k) The Department of Information Resources, after |
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consultation with the comptroller, shall prominently include a link |
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to the Internet portal established under this section on the public |
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home page of the TexasOnline Project described by Section 2054.252. |
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(l) The comptroller shall consult with the appropriate |
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officer of, or other person representing, each political |
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subdivision to obtain the information necessary to operate the |
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Internet portal. |
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(m) The comptroller may establish procedures and adopt |
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rules to implement this section, including procedures for the |
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electronic filing with the comptroller of information necessary to |
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operate the Internet portal. |
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(n) Nothing in this section may be construed as requiring a |
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political subdivision to post on an Internet website operated by |
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the political subdivision any financial report, statement, |
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exhibit, or other information. |
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SECTION 2. Chapter 102, Local Government Code, is amended |
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by adding Sections 102.012 and 102.013 to read as follows: |
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Sec. 102.012. MUNICIPAL ANNUAL FINANCIAL EXHIBIT FOR |
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MUNICIPALITY WITH POPULATION OF 100,000 OR MORE. (a) This |
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section applies only to a municipality with a population of 100,000 |
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or more. |
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(b) At the first meeting during a fiscal year held after the |
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budget for that fiscal year is adopted, the budget officer shall |
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publish an exhibit that shows the aggregate amount paid from each |
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fund for the four preceding quarters and the balance to the debit or |
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credit of each fund. The exhibit must also list: |
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(1) the amount of the municipal indebtedness; |
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(2) the respective dates of accrual of that |
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indebtedness; |
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(3) to whom the debt is owed; |
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(4) the reason for the debt; and |
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(5) the amount to the debit or credit of each officer |
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or other person with whom an account is kept in the municipal |
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finance records. |
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(c) The budget officer shall publish the exhibit once in a |
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newspaper that is published weekly or more frequently in the |
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municipality. The governing body of the municipality shall order |
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the payment of the publication costs from the general fund of the |
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municipality. If no newspaper is published in the municipality, |
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the budget officer shall post a copy of the exhibit in the central |
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administration office for the municipality. |
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(d) If the municipality maintains an Internet website, the |
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budget officer shall take action to ensure that the exhibit is |
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posted on the website. The exhibit must remain accessible from the |
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website until the first anniversary of the date the exhibit was |
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posted. |
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Sec. 102.013. MUNICIPAL BUDGET OFFICER'S MONTHLY REPORT FOR |
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MUNICIPALITY WITH POPULATION OF 100,000 OR MORE. (a) This section |
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applies only to a municipality with a population of 100,000 or more. |
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(b) The budget officer shall report to the governing body of |
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the municipality at least monthly on the financial condition of the |
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municipality. The budget officer shall prescribe the form of the |
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report. |
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(c) In addition to information considered necessary by the |
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budget officer or required by the municipality, the report must |
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contain: |
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(1) all of the facts of interest related to the |
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financial condition of the municipality; |
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(2) a consolidated balance sheet; |
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(3) a complete statement of the balances on hand at the |
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beginning and end of the month; |
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(4) a statement of the aggregate receipts and |
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disbursements of each fund; |
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(5) a statement of transfers to and from each fund; |
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(6) a statement of the bond and warrant indebtedness |
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with corresponding rates of interest; and |
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(7) a summarized budget statement that shows: |
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(A) the expenses paid from the budget for each |
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budgeted officer, department, or institution during that month and |
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for the period of the fiscal year inclusive of the month for which |
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the report is made; |
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(B) the encumbrances against the budgets; and |
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(C) the amounts available for further |
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expenditures. |
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(d) The budget officer shall publish a condensed copy of the |
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report showing the condition of funds and budgets and a statement of |
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the officer's recommendations. The publication must be made once in |
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a daily newspaper published in the municipality. |
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(e) If the municipality maintains an Internet website, the |
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budget officer shall take action to ensure that each monthly report |
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is posted on the website. A report posted under this subsection |
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must remain accessible from the website until the first anniversary |
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of the date the report was posted. |
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SECTION 3. The heading to Section 103.003, Local Government |
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Code, is amended to read as follows: |
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Sec. 103.003. FILING AND POSTING; PUBLIC RECORD. |
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SECTION 4. Section 103.003, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If the municipality maintains an Internet website, the |
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governing body of the municipality shall take action to ensure that |
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the financial statement is posted on the website. The financial |
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statement must remain accessible from the website until the first |
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anniversary of the date the statement was posted. |
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SECTION 5. Section 114.022, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If the county maintains an Internet website, the county |
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clerk shall take action to ensure that the exhibit is posted on the |
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website. The exhibit must remain accessible from the website until |
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the first anniversary of the date the exhibit was posted. |
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SECTION 6. Section 114.023, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) If the county maintains an Internet website, the county |
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auditor shall take action to ensure that each report to the |
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commissioners court under Subsection (a) is posted on the website. |
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A report posted under this subsection must remain accessible from |
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the website until the first anniversary of the date the report was |
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posted. |
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SECTION 7. Section 5.09(a), Tax Code, is amended to read as |
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follows: |
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(a) The comptroller shall publish an annual report of the |
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operations of the appraisal districts. The report shall include |
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for each appraisal district and each taxing unit[, each county, and
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each school district and may include for other taxing units] the |
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total appraised values, assessed values, and taxable values of |
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taxable property by class of property, the assessment ratio, and |
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the tax rate. |
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SECTION 8. The comptroller of public accounts may seek |
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assistance from and coordinate with the Department of Information |
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Resources to develop and implement the Internet portal to local |
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government finances required to be established by Section 403.0241, |
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Government Code, as added by this Act. The comptroller of public |
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accounts shall implement the Internet portal not later than August |
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31, 2012. |
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SECTION 9. The assessor for each taxing unit shall provide |
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to the comptroller of public accounts the ad valorem tax rates |
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specified by Section 403.0241(g), Government Code, as added by this |
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Act, beginning with the rates for the 2011 tax year. |
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SECTION 10. The Internet posting requirements imposed by |
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Sections 102.012(d), 102.013(e), 103.003(c), 114.022(c), and |
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114.023(d), Local Government Code, as added by this Act, apply to |
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financial information regarding each fiscal year of a political |
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subdivision that begins on or after September 1, 2011. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |