Hall’s bill rewriting bond election ballot language

The text as introduced · 922 words

89R13377 MPF-D

By: Hall
S.B. No. 1389

A BILL TO BE ENTITLED

AN ACT

relating to the text of ballot propositions for bond elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 1251, Government Code, as

added by Chapters 728 (H.B. 477) and 505 (S.B. 30), Acts of the 86th

Legislature, Regular Session, 2019, is reenacted and amended to

read as follows:

SUBCHAPTER B. BALLOT FOR DEBT OBLIGATIONS ISSUED BY POLITICAL

SUBDIVISION

Sec. 1251.051. DEFINITIONS. In this subchapter:

(1) "Debt obligation" means a public security, as

defined by Section 1201.002, secured by and payable from ad valorem

taxes. The term does not include public securities that are

designated as self-supporting by the political subdivision issuing

the securities.

(2) "Debt obligation election order" means the order,

ordinance, or resolution ordering an election to authorize the

issuance of debt obligations.

(3) "Political subdivision" means a municipality,

county, school district, or special taxing district.

Sec. 1251.052. FORM. (a) The ballot for a measure seeking

voter approval of the issuance of debt obligations by a political

subdivision shall specifically [ state ]:

(1) state a general description of the single specific

project [ purposes ] for which the debt obligations are to be

authorized;

(2) list and clearly describe each structure or

improvement included in the specific project for which the debt

obligations are to be authorized;

(3) state the total estimated cost of each structure

or improvement described by Subdivision (2);

(4) state the total principal amount of the debt

obligations to be authorized;

(5) include the statement "THIS IS A TAX INCREASE";

and

(6) state [ (3) ] that taxes sufficient to pay the

principal of and interest on the debt obligations will be imposed.

(a-1) Each single specific project [ purpose ] for which debt

obligations requiring voter approval are to be issued must be

printed on the ballot as a separate proposition. A proposition may

include as a specific project [ purpose ] one or more structures or

improvements at the same location [ serving the substantially same

purpose ] and may include [ related improvements and ] equipment

necessary to accomplish the specific project [ purpose ].

(b) A political subdivision with at least 250 registered

voters on the date the governing body of the political subdivision

adopts the debt obligation election order must prepare a voter

information document for each proposition to be voted on at the

election. The political subdivision shall post the voter

information document in the same manner as a debt obligation

election order is required to be posted under Section 4.003(f),

Election Code, and may include the voter information document in

the debt obligation election order. The voter information document

must distinctly state:

(1) the language that will appear on the ballot;

(2) the following information formatted as a table:

(A) the principal of the debt obligations to be

authorized;

(B) the estimated interest for the debt

obligations to be authorized;

(C) the estimated combined principal and

interest required to pay on time and in full the debt obligations to

be authorized; and

(D) as of the date the political subdivision

adopts the debt obligation election order:

(i) the principal of all outstanding debt

obligations of the political subdivision;

(ii) the estimated remaining interest on

all outstanding debt obligations of the political subdivision,

which may be based on the political subdivision's expectations

relative to the interest due on any variable rate debt obligations;

and

(iii) the estimated combined principal and

interest required to pay on time and in full all outstanding debt

obligations of the political subdivision, which may be based on the

political subdivision's expectations relative to the interest due

on any variable rate debt obligations;

(3) the estimated maximum annual increase in the

amount of taxes that would be imposed on a residence homestead in

the political subdivision with an appraised value of $100,000 to

repay the debt obligations to be authorized, if approved, based

upon assumptions made by the governing body of the political

subdivision; and

(4) any other information that the political

subdivision considers relevant or necessary to explain the

information required by this subsection.

(c) The governing body of the political subdivision shall

identify in the voter information document the major assumptions

made in connection with the statement required by Subsection

(b)(3), including:

(1) the amortization of the political subdivision's

debt obligations, including outstanding debt obligations and the

proposed debt obligations;

(2) changes in estimated future appraised values

within the political subdivision; and

(3) the assumed interest rate on the proposed debt

obligations.

(d) A political subdivision that maintains an Internet

website shall provide the information described by Subsection (b)

on its website in an easily accessible manner beginning not later

than the 21st day before election day and ending on the day after

the date of the debt obligation election.

(e) This section provides the ballot proposition language

for an election to authorize the issuance of debt obligations by a

political subdivision. To the extent of a conflict between this

section and another law, this section controls.

SECTION 2. The changes in law made by this Act apply only to

an election ordered on or after the effective date of this Act.

SECTION 3. 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, 2025.