82R818 KLA/ATP/SMH-F

By: Paxton H.B. No. 1153

A BILL TO BE ENTITLED

AN ACT

relating to public access to financial and tax rate information of political subdivisions.

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

SECTION 1. Subchapter B, Chapter 403, Government Code, is amended by adding Section 403.0241 to read as follows:

Sec. 403.0241. INTERNET PORTAL TO LOCAL GOVERNMENT FINANCES. (a) In this section, "taxing unit" and "tax year" have the meanings assigned by Section 1.04, Tax Code.

(b) The comptroller shall establish an Internet portal to allow a member of the public to access without charge financial and tax information for political subdivisions of this state. The portal must include a search feature that retrieves the information specified by this section in response to a user's entry of the address of a location in this state.

(c) The Internet portal must be accessible by members of the public and must be designed to retrieve, with respect to any address of a location in this state that a user enters into the search feature, the following information for each political subdivision within the boundaries or extraterritorial jurisdiction of which the address is located, organized by political subdivision:

(1) the name of the political subdivision; and

(2) the political subdivision's Internet website address or, if the political subdivision does not operate an Internet website, contact information to enable a member of the public to obtain from the political subdivision financial and tax information.

(d) Subject to Subsection (e), for each political subdivision identified as required by Subsection (c), the Internet portal must be designed to enable the user to access the following financial information on the political subdivision's Internet website:

(1) the budget for the political subdivision's current fiscal year;

(2) each proposed budget for the following fiscal year that currently is under consideration by the political subdivision's governing body;

(3) the most recent annual financial report published by the political subdivision's governing body;

(4) the most recent annual financial exhibit as prescribed by Section 102.012 or 114.022, Local Government Code, if applicable;

(5) the most recent monthly financial report as prescribed by Section 102.013 or 114.023, Local Government Code, if applicable;

(6) each other current financial report, statement, or exhibit prepared by the political subdivision; and

(7) each current check registry published by the political subdivision's governing body.

(e) If information specified by Subsection (d) is not available on an Internet website operated by the political subdivision, or if the political subdivision does not operate an Internet website, the Internet portal must clearly indicate that the information is not available through the portal.

(f) The Internet portal must be designed to enable the user to access the following ad valorem taxation information for each location in this state the address of which a user enters into the search feature of the portal:

(1) the Internet home page for the appraisal district established in the county in which the address is located; and

(2) for the most recent tax year for which a tax rate has been adopted and for the preceding tax year, a table of the applicable ad valorem tax rates of each political subdivision retrieved by the portal's search feature as required by Subsection (c) that is a taxing unit.

(g) The table of the applicable ad valorem tax rates required by Subsection (f)(2) must show in rows under columns respectively titled "Maintenance and Operations Tax Rate," "Effective Tax Rate," "Rollback Tax Rate," "Interest and Sinking Fund Tax Rate," and "Total Tax Rate" the following ad valorem tax rates of each applicable taxing unit for the tax years specified by that subsection, expressed as amounts per $100 valuation of taxable property:

(1) the component of the taxing unit's adopted tax rate described by Section 26.05(a)(2), Tax Code;

(2) the effective tax rate of the taxing unit calculated under Chapter 26, Tax Code;

(3) the rollback tax rate of the taxing unit calculated under Chapter 26, Tax Code;

(4) the component of the taxing unit's adopted tax rate described by Section 26.05(a)(1), Tax Code; and

(5) the taxing unit's tax rate adopted under Section 26.05, Tax Code.

(h) Not later than October 31 of each year or the 30th day after the date the taxing unit adopts a tax rate for that tax year, whichever is later, the assessor for each taxing unit shall provide to the comptroller the ad valorem tax rates specified by Subsection (g).

(i) If the ad valorem tax rate adopted for the current tax year by a taxing unit other than a school district is reduced by an election under Section 26.07, Tax Code, the assessor for the unit, not later than the 30th day after the date of the election, shall notify the comptroller of the rate to which the unit's tax rate has been reduced.

(j) If the ad valorem tax rate adopted for the current tax year by a school district is not approved in an election under Section 26.08, Tax Code, the assessor for the district, not later than the 30th day after the date the district adopts a tax rate following the election, shall notify the comptroller of the subsequently adopted tax rate.

(k) The Department of Information Resources, after consultation with the comptroller, shall prominently include a link to the Internet portal established under this section on the public home page of the TexasOnline Project described by Section 2054.252.

(l) The comptroller shall consult with the appropriate officer of, or other person representing, each political subdivision to obtain the information necessary to operate the Internet portal.

(m) The comptroller may establish procedures and adopt rules to implement this section, including procedures for the electronic filing with the comptroller of information necessary to operate the Internet portal.

(n) Nothing in this section may be construed as requiring a political subdivision to post on an Internet website operated by the political subdivision any financial report, statement, exhibit, or other information.

SECTION 2. Chapter 102, Local Government Code, is amended by adding Sections 102.012 and 102.013 to read as follows:

Sec. 102.012. MUNICIPAL ANNUAL FINANCIAL EXHIBIT FOR MUNICIPALITY WITH POPULATION OF 100,000 OR MORE. (a) This section applies only to a municipality with a population of 100,000 or more.

(b) At the first meeting during a fiscal year held after the budget for that fiscal year is adopted, the budget officer shall publish an exhibit that shows the aggregate amount paid from each fund for the four preceding quarters and the balance to the debit or credit of each fund. The exhibit must also list:

(1) the amount of the municipal indebtedness;

(2) the respective dates of accrual of that indebtedness;

(3) to whom the debt is owed;

(4) the reason for the debt; and

(5) the amount to the debit or credit of each officer or other person with whom an account is kept in the municipal finance records.

(c) The budget officer shall publish the exhibit once in a newspaper that is published weekly or more frequently in the municipality. The governing body of the municipality shall order the payment of the publication costs from the general fund of the municipality. If no newspaper is published in the municipality, the budget officer shall post a copy of the exhibit in the central administration office for the municipality.

(d) If the municipality maintains an Internet website, the budget officer shall take action to ensure that the exhibit is posted on the website. The exhibit must remain accessible from the website until the first anniversary of the date the exhibit was posted.

Sec. 102.013. MUNICIPAL BUDGET OFFICER'S MONTHLY REPORT FOR MUNICIPALITY WITH POPULATION OF 100,000 OR MORE. (a) This section applies only to a municipality with a population of 100,000 or more.

(b) The budget officer shall report to the governing body of the municipality at least monthly on the financial condition of the municipality. The budget officer shall prescribe the form of the report.

(c) In addition to information considered necessary by the budget officer or required by the municipality, the report must contain:

(1) all of the facts of interest related to the financial condition of the municipality;

(2) a consolidated balance sheet;

(3) a complete statement of the balances on hand at the beginning and end of the month;

(4) a statement of the aggregate receipts and disbursements of each fund;

(5) a statement of transfers to and from each fund;

(6) a statement of the bond and warrant indebtedness with corresponding rates of interest; and

(7) a summarized budget statement that shows:

(A) the expenses paid from the budget for each budgeted officer, department, or institution during that month and for the period of the fiscal year inclusive of the month for which the report is made;

(B) the encumbrances against the budgets; and

(C) the amounts available for further expenditures.

(d) The budget officer shall publish a condensed copy of the report showing the condition of funds and budgets and a statement of the officer's recommendations. The publication must be made once in a daily newspaper published in the municipality.

(e) If the municipality maintains an Internet website, the budget officer shall take action to ensure that each monthly report is posted on the website. A report posted under this subsection must remain accessible from the website until the first anniversary of the date the report was posted.

SECTION 3. The heading to Section 103.003, Local Government Code, is amended to read as follows:

Sec. 103.003. FILING AND POSTING; PUBLIC RECORD.

SECTION 4. Section 103.003, Local Government Code, is amended by adding Subsection (c) to read as follows:

(c) If the municipality maintains an Internet website, the governing body of the municipality shall take action to ensure that the financial statement is posted on the website. The financial statement must remain accessible from the website until the first anniversary of the date the statement was posted.

SECTION 5. Section 114.022, Local Government Code, is amended by adding Subsection (c) to read as follows:

(c) If the county maintains an Internet website, the county clerk shall take action to ensure that the exhibit is posted on the website. The exhibit must remain accessible from the website until the first anniversary of the date the exhibit was posted.

SECTION 6. Section 114.023, Local Government Code, is amended by adding Subsection (d) to read as follows:

(d) If the county maintains an Internet website, the county auditor shall take action to ensure that each report to the commissioners court under Subsection (a) is posted on the website. A report posted under this subsection must remain accessible from the website until the first anniversary of the date the report was posted.

SECTION 7. Section 5.09(a), Tax Code, is amended to read as follows:

(a) The comptroller shall publish an annual report of the operations of the appraisal districts. The report shall include for each appraisal district and each taxing unit[, each county, and each school district and may include for other taxing units] the total appraised values, assessed values, and taxable values of taxable property by class of property, the assessment ratio, and the tax rate.

SECTION 8. The comptroller of public accounts may seek assistance from and coordinate with the Department of Information Resources to develop and implement the Internet portal to local government finances required to be established by Section 403.0241, Government Code, as added by this Act. The comptroller of public accounts shall implement the Internet portal not later than August 31, 2012.

SECTION 9. The assessor for each taxing unit shall provide to the comptroller of public accounts the ad valorem tax rates specified by Section 403.0241(g), Government Code, as added by this Act, beginning with the rates for the 2011 tax year.

SECTION 10. The Internet posting requirements imposed by Sections 102.012(d), 102.013(e), 103.003(c), 114.022(c), and 114.023(d), Local Government Code, as added by this Act, apply to financial information regarding each fiscal year of a political subdivision that begins on or after September 1, 2011.

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, 2011.