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