Bill Text: TX HB14 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the fiscal transparency and accountability of certain entities responsible for public money.
Spectrum: Partisan Bill (Republican 39-0)
Status: (Introduced - Dead) 2013-05-03 - Returned to committee [HB14 Detail]
Download: Texas-2013-HB14-Comm_Sub.html
83R20279 TJB-D | |||
By: Pitts, Murphy, Cook, Crownover, | H.B. No. 14 | ||
Turner of Collin, et al. | |||
Substitute the following for H.B. No. 14: | |||
By: Pitts | C.S.H.B. No. 14 |
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relating to the fiscal transparency and accountability of certain | ||
entities responsible for public money. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 46, Education Code, is amended by adding | ||
Subchapter D to read as follows: | ||
SUBCHAPTER D. PUBLIC INFORMATION REGARDING FACILITIES | ||
Sec. 46.101. AVAILABILITY OF INFORMATION REGARDING | ||
FACILITIES. (a) For the purpose of providing information to the | ||
public regarding district or school facilities usage and taxpayer | ||
value, a school district or open-enrollment charter school shall: | ||
(1) report data elements specified by commissioner | ||
rule to the agency through the Texas Student Data System (TSDS) or a | ||
successor data management system maintained by the agency; and | ||
(2) provide a direct link on the district's or school's | ||
Internet website to the Texas Student Data System (TSDS) or a | ||
successor data management system maintained by the agency through | ||
which the facilities information relevant to the specific district | ||
or school may be readily accessed. | ||
(b) The commissioner shall adopt rules necessary to | ||
implement this section, including rules ensuring that the Texas | ||
Student Data System (TSDS) or a successor data management system | ||
maintained by the agency includes appropriate data elements | ||
regarding school facilities usage and taxpayer value. | ||
(c) The commissioner shall adopt rules for purposes of | ||
Subsection (b) based on the recommendations of the Taxpayer Value | ||
and School Facilities Usage Advisory Committee established under | ||
Section 46.102. This subsection expires September 1, 2017. | ||
Sec. 46.102. TAXPAYER VALUE AND SCHOOL FACILITIES USAGE | ||
ADVISORY COMMITTEE. (a) The Taxpayer Value and School Facilities | ||
Usage Advisory Committee is established to serve the function | ||
specified by this section. | ||
(b) The committee consists of: | ||
(1) the commissioner and the comptroller, who serve as | ||
co-chairs of the committee; and | ||
(2) the following persons, appointed jointly by the | ||
commissioner and comptroller: | ||
(A) a current school board member; | ||
(B) a current school district administrator; | ||
(C) a current public school teacher; | ||
(D) a parent of a student currently enrolled in a | ||
public school; | ||
(E) a representative of the school construction | ||
industry, who may be an engineer, architect, or contractor; | ||
(F) a representative of the construction | ||
industry who does not work on school construction, who may be an | ||
engineer, architect, or contractor; and | ||
(G) a member of the public. | ||
(c) The commissioner and comptroller shall make the | ||
appointments required by Subsection (b) not later than October 15, | ||
2013. | ||
(d) The committee shall meet to develop recommendations | ||
regarding the data that should be considered in evaluating a school | ||
district's or open-enrollment charter school's facility usage and | ||
taxpayer value with regard to school facility construction and | ||
renovation. The committee shall hold its initial meeting as soon as | ||
possible after the committee members are selected, but not later | ||
than November 15, 2013. | ||
(e) Not later than December 31, 2014, the committee shall | ||
develop its final recommendations and submit a report to the | ||
governor, lieutenant governor, and speaker of the house of | ||
representatives. The committee shall also make the report | ||
available electronically to members of the legislature. | ||
(f) Based on the recommendations developed by the | ||
committee, the commissioner shall: | ||
(1) ensure that the Texas Student Data System (TSDS) | ||
or a successor data management system maintained by the agency | ||
includes appropriate data elements regarding school facilities; | ||
and | ||
(2) adopt rules for purposes of Section 46.101. | ||
(g) A committee member is not entitled to reimbursement of | ||
expenses or to compensation. | ||
(h) Chapter 2110, Government Code, does not apply to the | ||
committee. | ||
(i) This section expires September 1, 2017. | ||
SECTION 2. Section 51.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 51.005. ANNUAL FINANCIAL REPORT [ |
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institution of higher education shall: | ||
(1) prepare a complete annual financial report as | ||
prescribed by Section 2101.011, Government Code; and | ||
(2) take action to ensure that the institution's most | ||
recent annual financial report is posted continuously on the | ||
institution's Internet website. | ||
(b) Not later than November 30 of each year, each | ||
institution of higher education shall take action to ensure that a | ||
report showing the amount and a description of the institution's | ||
outstanding debt on the last day of the preceding state fiscal year | ||
is posted on the institution's Internet website. For a university | ||
system, the report must show the aggregate outstanding debt for the | ||
system and, to the extent that the debt is attributable to a | ||
specific institution, the outstanding debt for each system | ||
institution. In this subsection, "university system" has the | ||
meaning assigned by Section 61.003. | ||
(c) Each institution of higher education shall maintain or | ||
cause to be maintained an Internet website to comply with this | ||
section. | ||
SECTION 3. Subchapter C, Chapter 61, Education Code, is | ||
amended by adding Section 61.0621 to read as follows: | ||
Sec. 61.0621. JUNIOR COLLEGE DISTRICT CONSTRUCTION COST | ||
REPORTING. (a) The board shall require each junior college | ||
district to report building construction costs and related | ||
information to the board for the purpose of determining: | ||
(1) the average cost per square foot, adjusted for | ||
inflation for the region of the state in which the project is | ||
located; and | ||
(2) the average cost per full-time equivalent student | ||
for each junior college district. | ||
(b) The board, in consultation with the governing boards of | ||
the state's junior college districts, shall prescribe the form, | ||
manner, and times of reports required under this section. | ||
(c) The board shall compile the information reported under | ||
Subsection (a) for all junior college districts and periodically | ||
report its findings to the districts. The board and each junior | ||
college district shall take action to ensure that the board's | ||
findings are posted on each respective entity's Internet website. | ||
(d) The board shall adopt rules for the administration of | ||
this section. | ||
(e) In administering this section, the board shall attempt | ||
to avoid duplicating other reporting requirements applicable to | ||
junior college districts. | ||
(f) Each junior college district shall maintain or cause to | ||
be maintained an Internet website to comply with this section. | ||
SECTION 4. Subchapter B, Chapter 403, Government Code, is | ||
amended by adding Section 403.0117 to read as follows: | ||
Sec. 403.0117. LOCAL TAX RATES PUBLISHED ON INTERNET. (a) | ||
The comptroller shall publish on the comptroller's Internet | ||
website, listed by county: | ||
(1) the name of each political subdivision that | ||
imposes a sales and use tax and the sales and use tax rate for the | ||
political subdivision; and | ||
(2) the tax rate information reported to the | ||
comptroller by each county assessor-collector under Section | ||
26.16(e), Tax Code. | ||
(b) The comptroller shall update the information described | ||
by Subsection (a) at least annually. | ||
SECTION 5. Section 1202.008, Government Code, is amended to | ||
read as follows: | ||
Sec. 1202.008. COLLECTION AND REPORT OF INFORMATION ON | ||
LOCAL [ |
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this section, "local security" has the meaning assigned by Section | ||
1231.001. | ||
(b) In reviewing local [ |
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chapter, the attorney general shall [ |
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required by the Bond Review Board, information on each local | ||
security [ |
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(c) [ |
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(1) the terms of each local security [ |
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(2) the debt service payable on each local security | ||
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(3) other information required by the Bond Review | ||
Board. | ||
(d) [ |
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regarding each local security to the Bond Review Board not later | ||
than the fifth day before the date the attorney general approves the | ||
local security under Section 1202.003 [ |
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(e) If an issuer has not provided the information required | ||
by Subsection (c), the bond finance office at the Bond Review Board | ||
shall notify the person listed as the contact for the issuer. The | ||
notice must be in writing, describe the information that must be | ||
submitted to the bond finance office, and inform the issuer that the | ||
issuer will be placed on the noncompliance list if the information | ||
is not provided as required by this subsection. An issuer must | ||
provide the information described in the notice to the bond finance | ||
office not later than the 60th day after the date the issuer | ||
receives the notice. The bond finance office and the attorney | ||
general shall maintain a noncompliance list of issuers that do not | ||
provide the information in the manner provided by this subsection. | ||
(f) The attorney general may not approve a local security | ||
under Section 1202.003 submitted by an issuer that is included on | ||
the noncompliance list described by Subsection (e) until the | ||
attorney general receives written notification from the bond | ||
finance office at the Bond Review Board that the office: | ||
(1) has received the information required by | ||
Subsection (c); or | ||
(2) has agreed to a later date for the submission of | ||
the information. | ||
SECTION 6. The heading to Subtitle B, Title 9, Government | ||
Code, is amended to read as follows: | ||
SUBTITLE B. PROVISIONS APPLICABLE TO PUBLIC SECURITIES [ |
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SECTION 7. Section 1231.001, Government Code, is amended by | ||
adding Subdivision (4) to read as follows: | ||
(4) "Local security" means a public security as | ||
defined by Section 1201.002, other than a state security. | ||
SECTION 8. Subchapter B, Chapter 1231, Government Code, is | ||
amended by adding Section 1231.024 to read as follows: | ||
Sec. 1231.024. CONTRACTS TO COLLECT INFORMATION. The board | ||
may enter into one or more contracts to procure services to collect | ||
and maintain information regarding the indebtedness of state | ||
agencies and local governments. | ||
SECTION 9. Section 1231.062(b), Government Code, is amended | ||
to read as follows: | ||
(b) A report must include: | ||
(1) total debt service as a percentage of total | ||
expenditures; | ||
(2) ad valorem tax-supported debt [ |
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(3) [ |
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(4) ad valorem [ |
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percentage of real property valuations; | ||
(5) [ |
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five years and [ |
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(6) [ |
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short-term notes; | ||
(7) [ |
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(8) [ |
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(9) debt outstanding [ |
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and | ||
(10) [ |
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relevant. | ||
SECTION 10. The heading to Section 1231.102, Government | ||
Code, is amended to read as follows: | ||
Sec. 1231.102. STATE SECURITIES ANNUAL REPORT. | ||
SECTION 11. Subchapter F, Chapter 1231, Government Code, is | ||
amended by adding Sections 1231.104 and 1231.105 to read as | ||
follows: | ||
Sec. 1231.104. LOCAL SECURITIES ANNUAL REPORT. Not later | ||
than the 180th day after the last day of each state fiscal year, the | ||
bond finance office shall publish a report listing: | ||
(1) the amount of local securities outstanding; | ||
(2) applicable repayment schedules; and | ||
(3) other information the office considers relevant. | ||
Sec. 1231.105. ONLINE ANNUAL LOCAL DEBT STATISTICS REPORT. | ||
Not later than the 150th day after the last day of each state fiscal | ||
year, the bond finance office shall publish on the office's | ||
Internet website a report that includes the statistical information | ||
listed in Section 1231.062(b) for all local securities for the | ||
preceding fiscal year. | ||
SECTION 12. Chapter 1251, Government Code, is amended by | ||
designating Sections 1251.001, 1251.002, 1251.003, 1251.004, | ||
1251.005, and 1251.006 as Subchapter A and adding a heading to | ||
Subchapter A to read as follows: | ||
SUBCHAPTER A. COUNTIES AND MUNICIPALITIES | ||
SECTION 13. Chapter 1251, Government Code, is amended by | ||
adding Subchapter B to read as follows: | ||
SUBCHAPTER B. BOND MATTERS AFFECTING MORE THAN ONE TYPE OF | ||
POLITICAL SUBDIVISION | ||
Sec. 1251.051. DEFINITIONS. In this subchapter: | ||
(1) "Debt obligation" means an issued public security, | ||
as defined by Section 1201.002. | ||
(2) "Political subdivision" means a county, | ||
municipality, school district, junior college district, other | ||
special district, or other subdivision of state government. | ||
Sec. 1251.052. PUBLIC HEARING; VOTER INFORMATION DOCUMENT. | ||
(a) Before a political subdivision may hold an election to | ||
authorize the issuance of bonds, the governing body of the | ||
political subdivision must conduct a public hearing at which | ||
persons interested in the issuance of the bonds are given the | ||
opportunity to be heard. The governing body must hold the hearing | ||
not earlier than the 21st day or later than the first day before the | ||
date the period for early voting by personal appearance begins for | ||
the election, as determined under Section 85.001, Election Code. | ||
(b) Not earlier than the 30th day or later than the 15th day | ||
before the date of the hearing, the governing body of the political | ||
subdivision shall take action to ensure that the notice of the | ||
hearing and each voter information document described by Subsection | ||
(c) are: | ||
(1) provided by: | ||
(A) publication in at least one newspaper of | ||
general circulation in the county in which the political | ||
subdivision is wholly or primarily located; | ||
(B) inclusion in the political subdivision's | ||
newsletter or circular mailed or delivered to each registered voter | ||
in the political subdivision; or | ||
(C) mail or hand delivery to each registered | ||
voter in the political subdivision; and | ||
(2) posted on the political subdivision's Internet | ||
website, or on a website as authorized by Section 1251.054(b)(2), | ||
until the conclusion of the hearing. | ||
(c) The governing body of the political subdivision shall | ||
take action to ensure that a separate voter information document is | ||
prepared for each proposition to be discussed at the hearing. Each | ||
voter information document must distinctly state: | ||
(1) the language that will appear on the ballot; | ||
(2) the purpose for which the bonds are to be | ||
authorized; | ||
(3) that taxes sufficient to pay the annual principal | ||
of and interest on the bonds may be imposed; | ||
(4) the maximum rate of interest for the bonds to be | ||
authorized; | ||
(5) the maturity date of the bonds to be authorized or | ||
that the bonds may be issued to mature over a specified number of | ||
years not to exceed 40 years from the date the bonds are issued; | ||
(6) the following information formatted as a table, as | ||
of the date the political subdivision adopts the bond election | ||
order: | ||
(A) the principal of all outstanding debt | ||
obligations of the political subdivision; | ||
(B) the estimated remaining interest of all | ||
outstanding debt obligations of the political subdivision; and | ||
(C) the estimated combined principal and | ||
interest required to pay all outstanding debt obligations of the | ||
political subdivision on time and in full; | ||
(7) the following information formatted as a second | ||
table: | ||
(A) as a total amount and, if the political | ||
subdivision is a municipality, county, or school district, as a per | ||
capita amount: | ||
(i) the principal of the bonds to be | ||
authorized; | ||
(ii) the estimated interest for the bonds | ||
to be authorized; | ||
(iii) the estimated combined principal and | ||
interest required to pay the bonds to be authorized on time and in | ||
full; | ||
(iv) as of the date the political | ||
subdivision adopts the bond election order, the principal of all | ||
outstanding debt obligations of the political subdivision secured | ||
by ad valorem taxation; | ||
(v) as of the date the political | ||
subdivision adopts the bond election order, the estimated remaining | ||
interest of all outstanding debt obligations of the political | ||
subdivision secured by ad valorem taxation; and | ||
(vi) as of the date the political | ||
subdivision adopts the bond election order, the estimated combined | ||
principal and interest required to pay all outstanding debt | ||
obligations of the political subdivision secured by ad valorem | ||
taxation on time and in full; | ||
(B) the property tax debt rate expressed in | ||
dollars per $100 valuation of all taxable property in the political | ||
subdivision, stated as: | ||
(i) the existing rate; | ||
(ii) the estimated rate if the bonds are | ||
authorized; and | ||
(iii) the estimated percentage increase in | ||
the rate if the bonds are authorized; and | ||
(C) the amount of the property tax debt levy of | ||
the political subdivision per residence based on the current | ||
average residential property value in the political subdivision, | ||
stated as: | ||
(i) the existing levy; | ||
(ii) the estimated levy if the bonds are | ||
authorized; and | ||
(iii) the estimated percent increase in the | ||
levy if the bonds are authorized; and | ||
(8) any other information that the political | ||
subdivision considers relevant or necessary to explain the values | ||
required by Subdivisions (4), (5), (6), and (7), including: | ||
(A) an amount required by Subdivision (7)(A) | ||
stated as a per capita amount if the political subdivision is not | ||
required to provide the amount under that paragraph; | ||
(B) an explanation of the payment sources for the | ||
different types of debt; and | ||
(C) a value for the following expressed as a | ||
projection as of the last day of the maximum term of the bonds to be | ||
authorized: | ||
(i) a per capita amount required by | ||
Subdivision (7)(A); | ||
(ii) an estimated rate required by | ||
Subdivision (7)(B)(ii); and | ||
(iii) an estimated levy required by | ||
Subdivision (7)(C)(ii). | ||
(d) Each voter information document required by Subsection | ||
(c) must be printed: | ||
(1) on not more than two pages that are not wider than | ||
8-1/2 inches and not longer than 14 inches; | ||
(2) in type not smaller than 12-point type; and | ||
(3) in the form prescribed by the secretary of state. | ||
(e) The governing body of the political subdivision must | ||
make a copy of each voter information document available to each | ||
individual attending the hearing. | ||
(f) The secretary of state by rule shall prescribe the form | ||
of a voter information document. | ||
(g) The Texas Ethics Commission shall provide guidelines | ||
for political subdivisions regarding how to conduct a hearing under | ||
this section and how to provide additional information on the form | ||
prescribed by the secretary of state under Subsection (f) without | ||
violating electioneering and political advertising laws, including | ||
Section 255.003, Election Code, and Section 11.169, Education Code. | ||
(h) A good faith estimate in a voter information document of | ||
an estimate required by Subsections (c)(6) and (7) or an estimate or | ||
projection authorized by Subsection (c)(8) does not constitute a | ||
breach of contract with the voters solely because the estimate or | ||
projection is later determined to be incorrect. | ||
Sec. 1251.053. ONLINE SAMPLE BALLOT. The governing body of | ||
a political subdivision shall take action to ensure that a sample of | ||
the ballot printed for an election to authorize a political | ||
subdivision to issue bonds is posted on the political subdivision's | ||
Internet website, or on a website as authorized by Section | ||
1251.054(b)(2), as soon as practicable after the official ballots | ||
have been prepared and remains posted until the day following the | ||
election. | ||
Sec. 1251.054. INTERNET WEBSITE. (a) Except as provided by | ||
Subsection (b), a political subdivision shall maintain or cause to | ||
be maintained an Internet website to comply with this subchapter. | ||
(b) This subsection does not apply to a county or | ||
municipality with a population of more than 2,000 or a school | ||
district or a junior college district. If a political subdivision | ||
did not maintain an Internet website or cause a website to be | ||
maintained on January 1, 2013, the political subdivision shall post | ||
the information required by Section 1251.052 on: | ||
(1) the political subdivision's website, if the | ||
political subdivision chooses to maintain the website or cause the | ||
website to be maintained; or | ||
(2) a website in which the political subdivision | ||
controls the content of the posting, including a social media site, | ||
provided that the information is easily found by searching the name | ||
of the political subdivision on the Internet. | ||
SECTION 14. Section 140.005, Local Government Code, is | ||
transferred to Subchapter D, Chapter 12, Education Code, | ||
redesignated as Section 12.1191, Education Code, and amended to | ||
read as follows: | ||
Sec. 12.1191 [ |
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CHARTER SCHOOL [ |
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of an [ |
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for each fund subject to the authority of the governing body during | ||
the fiscal year: | ||
(1) the total receipts of the fund, itemized by source | ||
of revenue, including taxes, assessments, service charges, grants | ||
of state money, gifts, or other general sources from which funds are | ||
derived; | ||
(2) the total disbursements of the fund, itemized by | ||
the nature of the expenditure; and | ||
(3) the balance in the fund at the close of the fiscal | ||
year. | ||
(b) The governing body of an open-enrollment charter school | ||
shall take action to ensure that the school's annual financial | ||
report is made available in the manner provided by Chapter 552, | ||
Government Code, and is posted continuously on the school's | ||
Internet website. | ||
(c) An open-enrollment charter school shall maintain or | ||
cause to be maintained an Internet website to comply with this | ||
section. | ||
SECTION 15. Chapter 140, Local Government Code, is amended | ||
by adding Section 140.008 to read as follows: | ||
Sec. 140.008. ANNUAL FINANCIAL REPORT; DEBT INFORMATION. | ||
(a) In this section: | ||
(1) "Debt obligation" means an issued public security, | ||
as defined by Section 1201.002, Government Code. | ||
(2) "Political subdivision" means a county, | ||
municipality, school district, junior college district, other | ||
special district, or other subdivision of state government. | ||
(b) Except as provided by Subsections (c) and (d), a | ||
political subdivision shall prepare an annual financial report that | ||
includes: | ||
(1) financial information for each fund subject to the | ||
authority of the governing body of the political subdivision during | ||
the fiscal year, including: | ||
(A) the total receipts of the fund, itemized by | ||
source of revenue, including taxes, assessments, service charges, | ||
grants of state money, gifts, or other general sources from which | ||
funds are derived; | ||
(B) the total disbursements of the fund, itemized | ||
by the nature of the expenditure; | ||
(C) the balance in the fund as of the last day of | ||
the fiscal year; and | ||
(D) any other information required by law to be | ||
included by the political subdivision in an annual financial report | ||
or comparable annual financial statement, exhibit, or report; | ||
(2) as of the last day of the preceding fiscal year, | ||
debt obligation information for the political subdivision that must | ||
state: | ||
(A) the amount of all authorized debt | ||
obligations; | ||
(B) the principal of all outstanding debt | ||
obligations; | ||
(C) the principal of each outstanding debt | ||
obligation; | ||
(D) the combined principal and interest required | ||
to pay all outstanding debt obligations on time and in full; | ||
(E) the combined principal and interest required | ||
to pay each outstanding debt obligation on time and in full; | ||
(F) the amounts required by Paragraphs (A)-(E) | ||
limited to authorized and outstanding debt obligations secured by | ||
ad valorem taxation, expressed as a total amount and, if the | ||
political subdivision is a municipality, county, or school | ||
district, as a per capita amount; and | ||
(G) the following for each debt obligation: | ||
(i) the issued and unissued amount; | ||
(ii) the spent and unspent amount; | ||
(iii) the maturity date; and | ||
(iv) the stated purpose for which the debt | ||
obligation was authorized; and | ||
(3) any other information that the political | ||
subdivision considers relevant or necessary to explain the values | ||
required by Subdivisions (2)(A)-(F), including: | ||
(A) an amount required by Subdivision (2)(F) | ||
stated as a per capita amount if the political subdivision is not | ||
required to provide the amount under that paragraph; | ||
(B) an explanation of the payment sources for the | ||
different types of debt; and | ||
(C) a projected per capita amount of an amount | ||
required by Subdivision (2)(F), as of the last day of the maximum | ||
term of the most recent debt obligation issued by the political | ||
subdivision. | ||
(c) Instead of replicating in the annual financial report | ||
information required by Subsection (b) that is posted separately on | ||
the political subdivision's Internet website, or on a website as | ||
authorized by Subsection (g)(2), the political subdivision may | ||
provide in the report a direct link to, or a clear statement | ||
describing the location of, the separately posted information. | ||
(d) As an alternative to preparing an annual financial | ||
report, a political subdivision may provide to the comptroller the | ||
information described by Subsection (b) and any other related | ||
information required by the comptroller in the form and in the | ||
manner prescribed by the comptroller. The comptroller shall post | ||
the information on the comptroller's Internet website in the format | ||
that the comptroller determines is appropriate. The political | ||
subdivision shall provide a link from the political subdivision's | ||
website, or a website as authorized by Subsection (g)(2), to the | ||
location on the comptroller's website where the political | ||
subdivision's financial information may be viewed. The comptroller | ||
shall adopt rules necessary to implement this subsection. | ||
(e) Except as provided by Subsection (d), the governing body | ||
of a political subdivision shall take action to ensure that: | ||
(1) the political subdivision's annual financial | ||
report is made available for inspection by any person and is posted | ||
continuously on the political subdivision's Internet website, or on | ||
a website as authorized by Subsection (g)(2), until the political | ||
subdivision posts the next annual financial report; and | ||
(2) the contact information for the main office of the | ||
political subdivision is continuously posted on the website, | ||
including the physical address, the mailing address, the main | ||
telephone number, and an e-mail address. | ||
(f) Except as provided by Subsection (g), a political | ||
subdivision shall maintain or cause to be maintained an Internet | ||
website to comply with this section. | ||
(g) This subsection does not apply to a county or | ||
municipality with a population of more than 2,000 or a school | ||
district or a junior college district. If a political subdivision | ||
did not maintain an Internet website or cause a website to be | ||
maintained on January 1, 2013, the political subdivision shall post | ||
the information required by this section on: | ||
(1) the political subdivision's website, if the | ||
political subdivision chooses to maintain the website or cause the | ||
website to be maintained; or | ||
(2) a website in which the political subdivision | ||
controls the content of the posting, including a social media site, | ||
provided that the information is easily found by searching the name | ||
of the political subdivision on the Internet. | ||
SECTION 16. Section 271.047, Local Government Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Except as provided by this subsection, the governing | ||
body of an issuer may not authorize a certificate to pay a | ||
contractual obligation to be incurred if a bond proposition to | ||
authorize the issuance of bonds for the same purpose was submitted | ||
to the voters during the preceding three years and failed to be | ||
approved. A governing body may authorize a certificate that the | ||
governing body is otherwise prohibited from authorizing under this | ||
subsection: | ||
(1) in a case described by Sections 271.056(1)-(3); | ||
and | ||
(2) to comply with a state or federal law, rule, or | ||
regulation if the political subdivision has been officially | ||
notified of noncompliance with the law, rule, or regulation. | ||
SECTION 17. Section 271.049, Local Government Code, is | ||
amended by amending Subsections (a), (b), and (d) and adding | ||
Subsections (e), (f), and (g) 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 [ |
||
before the date tentatively set for the passage of the order or | ||
ordinance authorizing the issuance of the certificates; and | ||
(2) continuously on the issuer's Internet website, or | ||
on a website as authorized by Subsection (f)(2), for at least 45 | ||
days before the date tentatively set for the passage of the order or | ||
ordinance authorizing the issuance of the certificates and until | ||
the first day after the date the issuer adopts the order or | ||
ordinance. | ||
(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 [ |
||
certificates to be authorized; [ |
||
(3) the manner in which the certificates will be paid | ||
for, whether by taxes, revenues, or a combination of the two; | ||
(4) as of the date the issuer adopts the order or | ||
ordinance, the principal of all outstanding debt obligations of the | ||
issuer; | ||
(5) as of the date the issuer adopts the order or | ||
ordinance, the estimated remaining interest of all outstanding debt | ||
obligations of the issuer; | ||
(6) as of the date the issuer adopts the order or | ||
ordinance, the estimated combined principal and interest required | ||
to pay all outstanding debt obligations of the issuer on time and in | ||
full; | ||
(7) the maximum principal of the certificates to be | ||
authorized; and | ||
(8) the process by which a petition may be submitted | ||
requesting an election on the issuance of the certificates, in the | ||
following form: | ||
"Five percent of the qualified voters of (name of issuer) may | ||
petition to require an election to be held authorizing the issuance | ||
of certificates of obligation by delivering a signed petition to | ||
the (insert "secretary or clerk" if the issuer is a municipality, or | ||
"county clerk" if the issuer is a county) of (name of issuer) | ||
before the date the governing body has set for the authorization of | ||
the certificates of obligation. Information about the requirements | ||
of the petition may be obtained from the (insert "secretary or | ||
clerk" if the issuer is a municipality, or "county clerk" if the | ||
issuer is a county) of (name of issuer)."[ |
||
(d) This section does not apply to certificates issued for | ||
the purposes described by Sections 271.056(1)-(3) | ||
[ |
||
(e) Except as provided by Subsection (f), an issuer shall | ||
maintain or cause to be maintained an Internet website to comply | ||
with this section. | ||
(f) This subsection does not apply to a county or | ||
municipality with a population of more than 2,000. If an issuer did | ||
not maintain an Internet website or cause a website to be maintained | ||
on January 1, 2013, the issuer shall post the information required | ||
by Subsection (b) on: | ||
(1) the issuer's website, if the issuer chooses to | ||
maintain the website or cause the website to be maintained; or | ||
(2) a website in which the issuer controls the content | ||
of the posting, including a social media site, provided that the | ||
information is easily found by searching the name of the issuer on | ||
the Internet. | ||
(g) In this section, "debt obligation" means an issued | ||
public security, as defined by Section 1201.002, Government Code, | ||
that is payable from and secured by ad valorem taxes. | ||
SECTION 18. Title 1, Special District Local Laws Code, is | ||
amended by adding Chapter 2 to read as follows: | ||
CHAPTER 2. COMPREHENSIVE REVIEW OF CERTAIN SPECIAL DISTRICTS | ||
Sec. 2.001. DEFINITION. In this chapter, "special | ||
district" means a political subdivision of this state that has a | ||
limited geographic area, is created by local law or under general | ||
law for a special purpose, and is authorized to impose a tax, | ||
assessment, or fee. The term does not include: | ||
(1) a school district; | ||
(2) a junior college district; or | ||
(3) a political subdivision that receives financial | ||
assistance through the state water implementation fund created by | ||
the 83rd Legislature, Regular Session, 2013. | ||
Sec. 2.002. COMPREHENSIVE REVIEW REQUIRED. (a) At least | ||
once every six years, the governing body of a special district that | ||
has outstanding debt or imposes a tax, assessment, or fee shall | ||
conduct a comprehensive review of the district under this chapter. | ||
(b) The governing body of a special district that issues | ||
debt or imposes a tax, assessment, or fee for the first time on or | ||
after September 1, 2013, shall conduct the first comprehensive | ||
review not later than the third anniversary of the date the | ||
governing body issues the debt or imposes the tax, assessment, or | ||
fee. | ||
Sec. 2.003. COMPREHENSIVE SELF-EVALUATION REPORT. (a) | ||
After conducting the review, the governing body must publish a | ||
written self-evaluation report not later than the 30th day before | ||
the date of the public hearing required by Section 2.005. | ||
(b) Except as provided by Subsection (c), the | ||
self-evaluation report must include: | ||
(1) an identification of the statutory provision | ||
authorizing the special district; | ||
(2) an identification of the purpose of the special | ||
district and an assessment of the extent to which the purpose has | ||
been achieved, has failed to be achieved, or is continuing to be | ||
achieved; | ||
(3) an identification of the activities of the special | ||
district that overlap or duplicate those of other governmental | ||
entities; | ||
(4) an identification of each tax, assessment, fee, or | ||
penalty that the special district is authorized to impose or | ||
collect; | ||
(5) a statement of the revenue collected by the | ||
special district and an assessment of whether the revenue exceeds | ||
the amount needed to accomplish the purpose of the district; and | ||
(6) an identification of the special district's | ||
financial liabilities, including bonds and other obligations. | ||
(c) Instead of replicating in the self-evaluation report | ||
information required by Subsection (b) that is posted separately on | ||
the special district's Internet website, or on a website as | ||
authorized by Section 2.006(b)(2), the district may provide in the | ||
report a direct link to, or a clear statement describing the | ||
location of, the separately posted information. | ||
(d) The governing body must make the self-evaluation report | ||
available for inspection by any person. The governing body must | ||
take action to ensure that the self-evaluation report is posted | ||
continuously on the special district's Internet website, or on a | ||
website as authorized by Section 2.006(b)(2). | ||
Sec. 2.004. NOTICE OF HEARING. (a) Not earlier than the | ||
30th day or later than the 15th day before the date of the hearing | ||
required by Section 2.005, the governing body of the special | ||
district shall take action to ensure that the notice of the hearing | ||
is published in at least one newspaper of general circulation in the | ||
county in which the district is located and on the district's | ||
Internet website, or on a website as authorized by Section | ||
2.006(b)(2). The notice on the website must remain posted until the | ||
conclusion of the hearing. | ||
(b) The notice must contain a statement in the following | ||
form: | ||
"NOTICE OF PUBLIC MEETING TO CONSIDER THE COMPREHENSIVE | ||
SELF-EVALUATION REPORT OF THE (INSERT NAME OF SPECIAL DISTRICT) | ||
"The (insert name of the district) was created in (insert | ||
year) to (insert purpose for district's creation). The district | ||
imposes a (insert type of tax, assessment, or fee, as appropriate, | ||
and the appropriate rate or amount). State law requires the | ||
district to hold a hearing at least every six years to consider the | ||
district's comprehensive self-evaluation report. The hearing will | ||
be held on (insert date) at (insert time) at (insert location). A | ||
copy of the district's comprehensive self-evaluation report is | ||
available at (insert the physical address of the district's main | ||
office, or the physical address of the main office of another local | ||
political subdivision if the district does not maintain an office, | ||
and the website address where the comprehensive self-evaluation | ||
report is posted)." | ||
Sec. 2.005. PUBLIC HEARING. (a) The governing body of a | ||
special district must conduct a public hearing at which persons | ||
interested in the self-evaluation report are given the opportunity | ||
to be heard. | ||
(b) Not later than the 10th day after the date of the public | ||
hearing, the governing body shall take action to ensure that the | ||
following is posted on the special district's Internet website, or | ||
on a website as authorized by Section 2.006(b)(2): | ||
(1) the minutes of the hearing; | ||
(2) the estimated number of members of the public in | ||
attendance at the hearing; and | ||
(3) the number of witnesses testifying at the hearing. | ||
Sec. 2.006. INTERNET WEBSITE. (a) Except as provided by | ||
Subsection (b), a special district shall maintain or cause to be | ||
maintained an Internet website to comply with this chapter. | ||
(b) If a special district did not maintain an Internet | ||
website or cause a website to be maintained on January 1, 2013, the | ||
special district shall post the information required by this | ||
chapter on: | ||
(1) the special district's website, if the special | ||
district chooses to maintain the website or cause the website to be | ||
maintained; or | ||
(2) a website in which the special district controls | ||
the content of the posting, including a social media site, provided | ||
that the information is easily found by searching the name of the | ||
special district on the Internet. | ||
SECTION 19. The heading to Section 26.16, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.16. REPORTING OF TAX RATES AND POSTING OF [ |
||
RATES ON THE [ |
||
SECTION 20. Section 26.16, Tax Code, is amended by amending | ||
Subsections (a), (b), and (e) and adding Subsections (f) and (g) to | ||
read as follows: | ||
(a) Except as provided by Subsection (g), the [ |
||
assessor-collector for each county, including those that do not | ||
participate in the assessment or collection of property taxes, | ||
shall maintain or cause to be maintained [ |
||
Internet website. The county assessor-collector shall post on the | ||
assessor-collector's website or on the website of the county or | ||
shall provide on at least one of those websites a link to the | ||
location on the comptroller's website where may be viewed the | ||
following information for the most recent five tax years beginning | ||
with the 2012 tax year for each taxing unit all or part of the | ||
territory of which is located in the county: | ||
(1) the adopted tax rate; | ||
(2) the maintenance and operations rate; | ||
(3) the debt rate; | ||
(4) the effective tax rate; | ||
(5) the effective maintenance and operations rate; and | ||
(6) the rollback tax rate. | ||
(b) Each taxing unit [ |
||
|
||
described by Subsection (a) pertaining to the taxing unit to the | ||
county assessor-collector of each county in which all or part of the | ||
taxing unit's territory is located [ |
||
adoption of a tax rate by the taxing unit for the current tax year. | ||
The chief appraiser of the appraisal district established in the | ||
county may assist the county assessor-collector in identifying the | ||
taxing units required to provide information to the | ||
assessor-collector. | ||
(e) The county assessor-collector for each county shall | ||
report the tax rate information described by Subsection (a) for the | ||
current tax year to the comptroller. | ||
(f) The comptroller by rule shall prescribe the time and | ||
manner in which the information described by this section is | ||
required to be reported and published [ |
||
(g) If a county assessor-collector or the county served by | ||
the assessor-collector did not maintain or cause to be maintained | ||
an Internet website on January 1, 2013, and the county has a | ||
population of 2,000 or less, the assessor-collector shall: | ||
(1) post the information required by Subsection (a) | ||
on: | ||
(A) the assessor-collector's or county's | ||
website, if the assessor-collector or county chooses to maintain | ||
the website or cause the website to be maintained; or | ||
(B) a website in which the assessor-collector or | ||
county controls the content of the posting, including a social | ||
media site, provided that the information is easily found by | ||
searching the name of the county or the assessor-collector on the | ||
Internet; or | ||
(2) provide on at least one website a link to the | ||
information on the comptroller's website, provided that the link is | ||
easily found by searching the name of the county or the | ||
assessor-collector on the Internet. | ||
SECTION 21. Section 140.006, Local Government Code, is | ||
repealed. | ||
SECTION 22. (a) Section 46.101, Education Code, as added | ||
by this Act, applies to a school district or open-enrollment | ||
charter school beginning on the effective date of rules adopted by | ||
the commissioner of education under Section 46.101(b), Education | ||
Code, as added by this Act. | ||
(b) Section 1251.052, Government Code, as added by this Act, | ||
applies only to a bond election ordered on or after the effective | ||
date of this Act. A bond election ordered before the effective date | ||
of this Act is governed by the law in effect when the bond election | ||
was ordered, and the former law is continued in effect for that | ||
purpose. | ||
(c) Not later than January 1, 2014, the secretary of state | ||
shall make available on the secretary of state's Internet website a | ||
form of the voter information document described by Section | ||
1251.052(c), Government Code, as added by this Act. | ||
(d) Not later than January 1, 2014, the Texas Ethics | ||
Commission shall make available on the Texas Ethics Commission's | ||
Internet website the guidelines required by Section 1251.052(g), | ||
Government Code, as added by this Act. | ||
(e) The governing body of a school district or junior | ||
college district required to publish an annual financial statement | ||
under former Section 140.006, Local Government Code, shall publish | ||
an annual financial statement for the last fiscal year ending | ||
before the effective date of this Act for which the district has not | ||
published an annual financial statement. | ||
(f) Section 140.008, Local Government Code, as added by this | ||
Act, applies only to an annual financial report for a fiscal year | ||
ending on or after the effective date of this Act. An annual | ||
financial report for a fiscal year ending before the effective date | ||
of this Act is governed by the law in effect when the fiscal year | ||
ended, and the former law is continued in effect for that purpose. | ||
(g) 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. | ||
(h) The governing body of a special district to which | ||
Section 2.002, Special District Local Laws Code, as added by this | ||
Act, applies that has issued debt or imposed a tax, assessment, or | ||
fee before the effective date of this Act must conclude the first | ||
comprehensive review cycle required by that section not later than | ||
September 1, 2014. | ||
SECTION 23. This Act takes effect September 1, 2013. |