Bill Text: TX HB35 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to an election authorizing the issuance of bonds or an increase in taxes by a political subdivision.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2021-04-16 - Withdrawn from schedule [HB35 Detail]

Download: Texas-2021-HB35-Introduced.html
  87R1660 ADM-D
 
  By: Swanson H.B. No. 35
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an election authorizing the issuance of bonds or an
  increase in taxes by a political subdivision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 2, Election Code, is
  amended to read as follows:
  CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE]
         SECTION 2.  Chapter 2, Election Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. TURNOUT REQUIREMENTS
         Sec. 2.101.  POLITICAL SUBDIVISION BOND OR TAX ELECTION. An
  election held by a political subdivision to authorize the issuance
  of bonds or a tax increase has no effect regarding the issuance of
  the bonds or the tax increase unless more than 25 percent of the
  registered voters of the political subdivision whose registrations
  are effective on the date the governing body of the political
  subdivision adopts the election order vote in the election in which
  the bond or tax proposition is on the ballot.
         SECTION 3.  Subchapter A, Chapter 41, Election Code, is
  amended by adding Section 41.0051 to read as follows:
         Sec. 41.0051.  ELECTION TO ISSUE BONDS OR INCREASE TAXES.
  (a) Notwithstanding any other law, an election required for the
  issuance of bonds or a tax increase by a political subdivision shall
  be held on the November uniform election date.
         (b)  This section does not apply to an election under Section
  26.07 or 26.08, Tax Code.
         SECTION 4.  Section 85.062, Election Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  In an election held by a political subdivision for which
  the ballot includes a proposition seeking voter approval of the
  issuance of bonds or a tax increase, a temporary branch polling
  place must:
               (1)  remain at the same location for the entire period
  during which early voting by personal appearance is conducted in
  the district; and
               (2)  allow for early voting by personal appearance to
  be conducted during the same days and hours as voting is conducted
  at the main early voting polling place under Section 85.005.
         SECTION 5.  Chapter 271, Election Code, is amended by adding
  Section 271.015 to read as follows:
         Sec. 271.015.  JOINT ELECTIONS REQUIRED FOR POLITICAL
  SUBDIVISION BOND OR TAX INCREASE APPROVAL. (a) Notwithstanding
  any other law, an election authorizing the issuance of bonds or a
  tax increase by a political subdivision shall be held as a joint
  election under this chapter.
         (b)  A single ballot containing all the offices or
  propositions stating measures to be voted on at a particular
  polling place must be used in a joint election required under this
  section.
         (c)  The secretary of state shall prescribe procedures to
  implement this section.
         SECTION 6.  Section 1251.001, Government Code, is amended to
  read as follows:
         Sec. 1251.001.  BOND ELECTION REQUIRED. (a) A political
  subdivision [county or municipality] may not issue bonds [that are
  to be paid from ad valorem taxes] unless the issuance is first
  approved by the qualified voters of the political subdivision
  [county or municipality] in an election.
         (b)  To the extent of a conflict between this section and
  another law, this section controls.
         SECTION 7.  Section 1251.003(d), Government Code, is amended
  to read as follows:
         (d)  In addition to the notice required by Section 4.003(c),
  Election Code, notice of the election shall be given by:
               (1)  posting a substantial copy of the election order
  at:
                     (A)  three public places in the political
  subdivision [county or municipality] holding the election; and
                     (B)  the county courthouse of any county in which
  the political subdivision is located, if the election is held by a
  political subdivision other than a municipality [a county
  election], or the city hall, if the election is a municipal
  election; and
               (2)  publishing notice of the election in a newspaper
  of general circulation published in the political subdivision
  [county or municipality] holding the election.
         SECTION 8.  Section 1251.004, Government Code, is amended to
  read as follows:
         Sec. 1251.004.  IMPOSITION OF TAX. At an election ordered on
  the issuance of bonds of a [county or municipality, or of a]
  political subdivision or a defined district of a county or
  municipality payable from ad valorem taxes, the governing body of
  the political subdivision [county or municipality] shall also
  submit the question of whether to impose a tax on property in the
  [county, municipality,] political subdivision[,] or defined
  district to pay interest on the bonds and to provide a sinking fund
  to redeem the bonds.
         SECTION 9.  Section 1251.006, Government Code, is repealed.
         SECTION 10.  The changes in law made by this Act apply only
  to bonds authorized to be issued or a tax increase authorized on or
  after the effective date of this Act. Bonds or a tax increase
  authorized before the effective date of this Act are governed by the
  law in effect when the bonds or tax increase was authorized, and the
  former law is continued in effect for that purpose.
         SECTION 11.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.
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