79R4683 ATP-D
By: Gattis H.B. No. 1143
A BILL TO BE ENTITLED
AN ACT
relating to the submission of separate proposals at a bond election
for each project to be supported by the bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1251, Government Code, is amended by
adding Section 1251.007 to read as follows:
Sec. 1251.007. SEPARATE PROPOSITION REQUIRED. (a) At an
election held by a political subdivision to approve the issuance of
bonds under any general or special law, each project included in the
purpose or purposes for which the bonds are to be issued must be
submitted on the ballot as a separate proposition that complies
with Section 1251.002.
(b) If a ballot proposition prescribed by a statute does not
comply with Subsection (a), the authority ordering the election
shall conform the ballot proposition to comply with Subsection (a).
SECTION 2. Section 45.003(b), Education Code, is amended to
read as follows:
(b) Each project included in the purpose or purposes for
which the bonds are to be issued must be submitted on the ballot as a
separate proposition. Each [A] proposition submitted to authorize
the issuance of bonds for a project must include the question of
whether the governing board or commissioners court may levy,
pledge, assess, and collect annual ad valorem taxes, on all taxable
property in the district, either:
(1) sufficient, without limit as to rate or amount, to
pay the principal of and interest on the bonds; or
(2) sufficient to pay the principal of and interest on
the bonds, provided that the annual aggregate bond taxes in the
district may never be more than the rate stated in the proposition.
SECTION 3. Section 130.122(b), Education Code, is amended
to read as follows:
(b) No such bonds shall be issued and none of the aforesaid
taxes shall be levied unless authorized by a majority of the
electors voting at an election held for such purpose in accordance
with law, at the expense of the district. Each such election shall
be called by resolution or order of the board, which shall set forth
the date of the election, the proposition or propositions to be
submitted and voted on, the polling place or places, and any other
matters deemed necessary or advisable by the board. Notice of said
election shall be given by publishing a substantial copy of the
election resolution or order one time, at least 10 days prior to the
date set for the election, in a newspaper of general circulation in
the district. Each project included in the purpose or purposes for
which the bonds are to be issued must be submitted on the ballot as a
separate proposition. The board shall canvass the returns and
declare the results of such election.
SECTION 4. Section 1301.001(c), Government Code, is amended
to read as follows:
(c) The commissioners court shall submit each project
[Bonds] to purchase or construct a bridge or [and] to improve or
[and] maintain a public road for which bonds are to be issued as a
separate [may be submitted by the commissioners court and voted on
as one] proposition.
SECTION 5. Section 1473.102, Government Code, is amended to
read as follows:
Sec. 1473.102. ELECTION PROPOSITIONS. The commissioners
court may submit one or more bond propositions at an election
relating to the issuance of bonds under this subchapter. Each
proposition shall [may] include only one project included in the
purpose or [more of the] purposes, as provided by Section 1473.101,
for which the bonds are to be issued.
SECTION 6. Section 3801.158(b), Special District Local Laws
Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 7. Section 3802.159(b), Special District Local Laws
Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 8. Section 3803.158(b), Special District Local Laws
Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 9. Section 3804.159(b), Special District Local Laws
Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 10. Section 3805.103(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 11. Section 3806.159(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 12. Section 3807.159(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 13. Section 3808.159(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 14. Section 3809.158(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may include more than one purpose for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 15. Section 3810.156(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 16. Section 3811.159(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 17. Section 3812.159(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 18. Section 3814.158(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may include more than one purpose for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 19. Section 3815.159(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may submit multiple purposes for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 20. Section 3816.159(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may include more than one purpose for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 21. Section 3817.157(b), Special District Local
Laws Code, is amended to read as follows:
(b) The board shall submit each project included in the
purpose or purposes for which bonds are to be issued as a separate
proposition and may include more than one purpose for which a
maintenance tax is to be imposed in a single proposition [at an
election].
SECTION 22. Section 257.113(c), Transportation Code, is
amended to read as follows:
(c) At the election, the voters shall be permitted to
separately vote for or against the following proposition for each
road to be constructed from the proceeds of the sale of the bonds:
"Authorizing the _______________ Counties Road District of
Texas to issue the bonds of the district in the total sum of
$__________ and to levy annually ad valorem taxes on all taxable
property in the district to pay the interest on the bonds and create
a sinking fund to redeem the principal at maturity for the purpose
of the construction, maintenance, and operation of macadamized,
graveled, or paved road and turnpikes or in aid of these purposes
within the district.
"The road [roads] to be constructed from the proceeds of the
sale of the bonds and the amount apportioned to this [each] road is
as follows:
"(Here set out the road [or roads] as described in the order
and notice of the election to determine the establishment of the
district and the amount to be expended on the [each] road [or
roads].)"
SECTION 23. Section 49.106(c), Water Code, is amended to
read as follows:
(c) A bond election may be held on the same day as any other
district election. The bond election may be called by a separate
election order or as a part of any other election order. The board
may not submit multiple purposes in a single proposition at an
election. Each project included in the purpose or purposes for
which the bonds are to be issued must be submitted on the ballot as a
separate proposition.
SECTION 24. Section 49.4645(d), Water Code, is amended to
read as follows:
(d) A bond election for the development and maintenance of
recreational facilities may be held on the same day as another
district election. The board may call a bond election by a separate
election order or as part of another election order. The board may
not submit multiple purposes in a single proposition at an
election. Each project included in the purpose or purposes for
which the bonds are to be issued must be submitted on the ballot as a
separate proposition.
SECTION 25. Section 54.507(b), Water Code, is amended to
read as follows:
(b) Each project [All or any part of any facilities or
improvements] which may be acquired by a district by the issuance of
its bonds must [may be included in one single proposition to be
voted on at the election or the bonds may] be submitted in a
separate proposition [several propositions]. A bond election may
also be held on the same day as the confirmation election. The bond
election may be called by a separate election order or as a part of
the order calling the confirmation election.
SECTION 26. Sections 1473.194, 1474.051, and 1477.253(b),
Government Code, are repealed.
SECTION 27. The changes in law made by this Act apply only
to a bond election ordered on or after the effective date of this
Act.
SECTION 28. This Act takes effect September 1, 2005.