Bill Text: TX HB1647 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to voter information provided by political subdivisions before an election to authorize the issuance of bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-09 - Referred to Elections [HB1647 Detail]
Download: Texas-2015-HB1647-Introduced.html
84R6685 TJB-F | ||
By: Murphy | H.B. No. 1647 |
|
||
|
||
relating to voter information provided by political subdivisions | ||
before an election to authorize the issuance of bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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. BOND MATTERS AFFECTING COUNTIES AND MUNICIPALITIES | ||
SECTION 2. 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. VOTER INFORMATION DOCUMENT. (a) In this | ||
section: | ||
(1) "Bond election order" means the order, ordinance, | ||
or resolution, adopted by the governing body of a political | ||
subdivision, that orders an election to authorize the political | ||
subdivision to issue a bond. | ||
(2) "Political subdivision" means a county, | ||
municipality, school district, junior college district, other | ||
special district, or other subdivision of state government. | ||
(b) This section applies only to a political subdivision | ||
with at least 250 registered voters on the date the governing body | ||
of the political subdivision adopts the bond election order. | ||
(c) A political subdivision must prepare a separate voter | ||
information document for each proposed issuance of bonds secured by | ||
and payable from ad valorem taxes before the proposition is | ||
submitted to the voters for authorization at a bond election. 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 the maximum number of years authorized by law; | ||
(6) the following information as a total amount and, | ||
if the political subdivision is a municipality, county, or school | ||
district, as a per capita amount: | ||
(A) the principal of the bonds to be authorized; | ||
(B) the estimated interest for the bonds to be | ||
authorized; | ||
(C) the estimated combined principal and | ||
interest required to pay the bonds to be authorized on time and in | ||
full; | ||
(D) as of the first day of the political | ||
subdivision's fiscal year in which the political subdivision adopts | ||
the bond election order, the principal of all outstanding bonded | ||
debt of the political subdivision secured by and payable from ad | ||
valorem taxation; | ||
(E) as of the first day of the political | ||
subdivision's fiscal year in which the political subdivision adopts | ||
the bond election order, the estimated remaining interest of all | ||
outstanding bonds of the political subdivision secured by and | ||
payable from ad valorem taxation; and | ||
(F) as of the first day of the political | ||
subdivision's fiscal year in which the political subdivision adopts | ||
the bond election order, the estimated combined principal and | ||
interest required to pay all outstanding bonds of the political | ||
subdivision secured by and payable from ad valorem taxation on time | ||
and in full; | ||
(7) the ad valorem debt service tax rate expressed in | ||
dollars per $100 valuation of all taxable property in the political | ||
subdivision, stated as: | ||
(A) the existing rate; | ||
(B) the estimated rate if the bonds are issued; | ||
and | ||
(C) the estimated percentage increase in the rate | ||
if the bonds are issued; | ||
(8) if the political subdivision is a municipality, | ||
county, or school district, the amount of the ad valorem debt | ||
service tax levy of the political subdivision per residence based | ||
on the current average residential property value in the political | ||
subdivision, stated as: | ||
(A) the existing levy; | ||
(B) the estimated levy if the bonds are issued; | ||
and | ||
(C) the estimated percent increase in the levy if | ||
the bonds are issued; | ||
(9) the address where a person may submit a request for | ||
public information to the political subdivision under Chapter 552; | ||
and | ||
(10) any other information that the political | ||
subdivision considers relevant or necessary to explain the values | ||
required by Subdivisions (4), (5), (6), (7), and (8), including: | ||
(A) an amount required by Subdivision (6) stated | ||
as a per capita amount if the political subdivision is not required | ||
to provide the amount under that subdivision; | ||
(B) an amount required by Subdivision (8) stated | ||
as a per residence amount if the political subdivision is not | ||
required to provide the amount under that subdivision; 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 (6); | ||
(ii) an estimated rate required by | ||
Subdivision (7)(B); and | ||
(iii) an estimated levy required by | ||
Subdivision (8)(B). | ||
(d) Not later than the 21st day before the date of the bond | ||
election, the political subdivision shall ensure that each voter | ||
information document described by Subsection (c) is: | ||
(1) provided to the public in accordance with the | ||
requirements for a notice of an election under Section 4.003, | ||
Election Code; | ||
(2) posted on the political subdivision's Internet | ||
website until the first day after the date of the bond election; and | ||
(3) made available to any person in accordance with | ||
Chapter 552. | ||
(e) The secretary of state may provide a sample form of a | ||
voter information document for use by a political subdivision. | ||
(f) The Texas Ethics Commission shall provide guidelines | ||
for political subdivisions regarding how to provide additional | ||
information on a voter information document without violating | ||
electioneering and political advertising laws, including Section | ||
255.003, Election Code, and Section 11.169, Education Code. | ||
(g) A good faith estimate in a voter information document of | ||
an estimate required by Subsection (c)(6) or an estimate or | ||
projection authorized by Subsection (c)(10) does not constitute a | ||
breach of contract with the voters solely because the estimate or | ||
projection is later determined to be incorrect. | ||
(h) For the purpose of determining the number of registered | ||
voters in a political subdivision under Subsection (b), the | ||
governing body of the political subdivision shall use the best | ||
available information. The governing body may rely conclusively on | ||
a list of registered voters in the political subdivision provided | ||
by the county voter registrar to the political subdivision not | ||
earlier than the 30th day before the date the bond election order is | ||
adopted. The county voter registrar shall provide the list of | ||
registered voters on request of the governing body. | ||
(i) A political subdivision shall maintain an Internet | ||
website to comply with this section. | ||
SECTION 3. (a) Section 1251.051, Government Code, as added | ||
by this Act, applies only to a bond election ordered on or after | ||
January 1, 2016. A bond election ordered before January 1, 2016, is | ||
governed by the law in effect when the bond election was ordered, | ||
and the former law is continued in effect for that purpose. | ||
(b) Not later than December 1, 2015, the Texas Ethics | ||
Commission shall make available on the Texas Ethics Commission's | ||
Internet website the guidelines required by Section 1251.051(f), | ||
Government Code, as added by this Act. | ||
SECTION 4. This Act takes effect September 1, 2015. |