Bill Text: TX HB1343 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to public access to financial and tax rate information of certain special purpose districts.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2017-02-27 - Referred to Special Purpose Districts [HB1343 Detail]
Download: Texas-2017-HB1343-Introduced.html
| 85R6264 JXC-D | ||
| By: Stephenson | H.B. No. 1343 | |
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| relating to public access to financial and tax rate information of | ||
| certain special purpose districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 403, Government Code, is | ||
| amended by adding Sections 403.0241 and 403.0242 to read as | ||
| follows: | ||
| Sec. 403.0241. SPECIAL PURPOSE DISTRICT PUBLIC INFORMATION | ||
| DATABASE. (a) In this section: | ||
| (1) "Special purpose district" means a political | ||
| subdivision of this state with geographic boundaries that define | ||
| the subdivision's territorial jurisdiction. The term does not | ||
| include a municipality, county, junior college district, | ||
| independent school district, or political subdivision with | ||
| statewide jurisdiction. | ||
| (2) "Tax year" has the meaning assigned by Section | ||
| 1.04, Tax Code. | ||
| (b) The comptroller shall create and make accessible on the | ||
| Internet a database, to be known as the Special Purpose District | ||
| Public Information Database, that contains information regarding | ||
| all active special purpose districts of this state that are | ||
| authorized by the state by a general or special law to impose an ad | ||
| valorem tax or a sales and use tax, to impose an assessment, or to | ||
| charge a fee. | ||
| (c) For each special purpose district described by | ||
| Subsection (b), the database must include: | ||
| (1) the name of the special purpose district; | ||
| (2) the name of each board member or employee of the | ||
| special purpose district; | ||
| (3) the name of each attorney who represents the | ||
| district; | ||
| (4) contact information for the main office of the | ||
| special purpose district, including the physical address, the | ||
| mailing address, and the main telephone number; | ||
| (5) the special purpose district's Internet website | ||
| address, if any; | ||
| (6) the information the special purpose district is | ||
| required to report under Section 140.008(b) or (g), Local | ||
| Government Code, including any revenue obligations; | ||
| (7) the total annual revenue of the special purpose | ||
| district, including bond proceeds and grants; | ||
| (8) the amount of money in the special purpose | ||
| district's possession on the last day of the most recently | ||
| completed fiscal year, including a statement of the balance in each | ||
| of its accounts at the end of that fiscal year; | ||
| (9) the rate of any sales and use tax the special | ||
| purpose district imposes; and | ||
| (10) the table of ad valorem tax rates for the most | ||
| recent tax year described by Section 26.16, Tax Code, in the form | ||
| required by that section. | ||
| (d) The comptroller may consult with the appropriate | ||
| officer of, or other person representing, each special purpose | ||
| district to obtain the information necessary to operate and update | ||
| the database. | ||
| (e) To the extent information required in the database is | ||
| otherwise collected or maintained by a state agency or special | ||
| purpose district, the comptroller may request and the state agency | ||
| or special purpose district shall provide that information and | ||
| updates to the information as necessary for inclusion in the | ||
| database. | ||
| (f) The comptroller shall update information in the | ||
| database at least annually. | ||
| (g) The comptroller may not charge a fee to the public to | ||
| access the database. | ||
| (h) The comptroller may establish procedures and adopt | ||
| rules to implement this section. | ||
| Sec. 403.0242. SPECIAL PURPOSE DISTRICT NONCOMPLIANCE | ||
| LIST. (a) The comptroller shall prepare and maintain a | ||
| noncompliance list of special purpose districts that have not | ||
| complied with a requirement to provide information under Section | ||
| 403.0241 or Section 203.062, Local Government Code. | ||
| (b) If a special purpose district does not comply with a | ||
| requirement to provide information under Section 403.0241 or | ||
| Section 203.062, Local Government Code, the comptroller shall | ||
| notify the person listed as the contact for the district. The | ||
| notice must be in writing, describe the information that must be | ||
| submitted to the comptroller, and inform the special purpose | ||
| district that the district will be placed on the noncompliance list | ||
| if the required information is not provided. | ||
| (c) The attorney general may not approve a public security | ||
| submitted under Chapter 1202 by a special purpose district that | ||
| appears on the noncompliance list until the attorney general | ||
| receives written notification from the comptroller that the | ||
| comptroller: | ||
| (1) has received the required information; or | ||
| (2) has agreed to a later date for the special purpose | ||
| district to submit the information. | ||
| SECTION 2. Chapter 203, Local Government Code, is amended | ||
| by adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. RECORDS AND INFORMATION PROVIDED TO COMPTROLLER | ||
| Sec. 203.061. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
| applies only to a special purpose district described by Section | ||
| 403.0241(b), Government Code. | ||
| Sec. 203.062. PROVISION OF CERTAIN RECORDS AND OTHER | ||
| INFORMATION TO COMPTROLLER. (a) A special purpose district shall | ||
| transmit records and other information to the comptroller annually | ||
| for purposes of providing the comptroller with information to | ||
| operate and update the Special Purpose District Public Information | ||
| Database under Section 403.0241, Government Code. | ||
| (b) The special purpose district may comply with Subsection | ||
| (a) by transmitting an affidavit affirming that records and other | ||
| information previously transmitted are current. | ||
| (c) The special purpose district shall transmit the records | ||
| and other information in a form and in the manner prescribed by the | ||
| comptroller. | ||
| SECTION 3. The comptroller shall create and post on the | ||
| Internet the Special Purpose District Public Information Database | ||
| required by Section 403.0241, Government Code, as added by this | ||
| Act, not later than January 1, 2018. | ||
| SECTION 4. Not later than January 1, 2018, the comptroller | ||
| shall send written notice to each special purpose district | ||
| described by Section 403.0241(b), Government Code, as added by this | ||
| Act, that describes the changes in law made by this Act. Each | ||
| special purpose district that receives notice shall submit to the | ||
| comptroller any information required under Section 403.0241, | ||
| Government Code, as added by this Act, or Section 203.062, Local | ||
| Government Code, as added by this Act, not later than the 90th day | ||
| after the date the district receives the notice. | ||
| SECTION 5. The changes in law made by this Act in Section | ||
| 403.0242(c), Government Code, apply only to a security submitted | ||
| for review to the attorney general by an issuer on or after April 2, | ||
| 2018. A security submitted for review to the attorney general by an | ||
| issuer before April 2, 2018, is governed by the law in effect when | ||
| the security is submitted, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 6. This Act takes effect September 1, 2017. | ||
