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A BILL TO BE ENTITLED
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AN ACT
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relating to the fiscal transparency and accountability of certain |
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entities responsible for public money. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Education Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. PUBLIC INFORMATION REGARDING FACILITIES |
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Sec. 46.101. DEFINITION. In this subchapter, |
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"instructional facility" has the meaning assigned by Section |
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46.001. |
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Sec. 46.102. INVENTORY OF EXISTING FACILITIES. (a) A |
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school district or open-enrollment charter school shall post an |
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inventory of the district's or school's existing facilities on the |
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district's or school's Internet website. |
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(b) The inventory must include at least the following |
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information regarding instructional facilities: |
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(1) the total available square footage and maximum |
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student capacity of the district's or school's instructional |
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facilities in aggregate; |
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(2) the total current student enrollment in the |
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district or school; and |
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(3) for each separate instructional facility: |
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(A) square footage; |
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(B) maximum student capacity; and |
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(C) current student enrollment. |
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(c) The inventory must include at least the following |
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information regarding each facility other than an instructional |
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facility: |
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(1) square footage; |
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(2) a statement of the facility's current use; and |
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(3) any other information specified by rule adopted by |
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the commissioner. |
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(d) For a facility for which the school district or |
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open-enrollment charter school developed and posted construction |
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or renovation information in accordance with Section 46.103, the |
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information provided under this section for the facility must also |
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include the final updated information required under Section |
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46.103. This subsection does not require a district or school to |
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develop and post information regarding construction or renovation |
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costs for a facility not subject to Section 46.103. |
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(e) A school district or open-enrollment charter school |
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shall update the information posted under this section at least |
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annually and more frequently if necessary to ensure that the |
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information provides an accurate description of existing |
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facilities. |
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(f) A school district or open-enrollment charter school |
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shall maintain an Internet website to comply with this section. |
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Sec. 46.103. CONSTRUCTION AND RENOVATION OF FACILITIES. |
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(a) A school district or open-enrollment charter school shall post |
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on the district's or school's Internet website at least the |
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information specified by this section regarding each project for |
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the construction or renovation of a facility. |
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(b) The following information must be posted regarding an |
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instructional facility: |
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(1) the square footage of the facility; |
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(2) the square footage per student, computed using the |
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maximum student capacity at the facility; |
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(3) the cost per square foot; |
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(4) the cost per student, computed using the maximum |
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student capacity at the facility; and |
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(5) the average cost of constructing a comparable |
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facility in the region, as determined by the commissioner under |
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Subsection (f). |
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(c) The following information must be posted regarding a |
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facility other than an instructional facility: |
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(1) the square footage of the facility; |
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(2) a statement of the intended use of the facility; |
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(3) the cost per square foot; |
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(4) the average cost of constructing a comparable |
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facility in the region, as determined by the commissioner under |
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Subsection (f); and |
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(5) any other information specified by rule adopted by |
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the commissioner. |
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(d) A school district or open-enrollment charter school |
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shall comply with this section at the beginning of a project by |
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posting information based on estimated costs and anticipated |
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construction or renovation design plans. At the conclusion of the |
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project, the district or school shall post updated information that |
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reflects the actual cost and final specifications of the project. |
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Subsequently, the district or school shall continue to post the |
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information as provided by Section 46.102(d). |
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(e) A school district or open-enrollment charter school |
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shall maintain an Internet website to comply with this section. |
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(f) The commissioner shall determine and periodically |
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update information regarding the average cost per square foot in |
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each region of the state of constructing instructional facilities |
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and other school district or open-enrollment charter school |
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facilities. The commissioner may base a determination under this |
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subsection on any relevant information available to the |
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commissioner and may enter into any contract necessary to authorize |
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use of or access to the information. |
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SECTION 2. Section 51.005, Education Code, is amended to |
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read as follows: |
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Sec. 51.005. ANNUAL FINANCIAL REPORT [REPORTS]. (a) Each |
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institution of higher education shall: |
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(1) prepare a complete annual financial report as |
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prescribed by Section 2101.011, Government Code; and |
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(2) post the institution's most recent annual |
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financial report continuously on the institution's Internet |
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website. |
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(b) Each institution of higher education that is a component |
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of a university system shall include in its annual financial report |
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a description of any debt issued by the university system for or on |
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behalf of the institution during the fiscal year covered by the |
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report. In this subsection, "university system" has the meaning |
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assigned by Section 61.003. |
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SECTION 3. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.0621 to read as follows: |
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Sec. 61.0621. JUNIOR COLLEGE DISTRICT CONSTRUCTION COST |
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REPORTING. (a) The board shall require each junior college |
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district to report building construction costs and related |
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information to the board for the purpose of determining: |
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(1) the average cost per square foot, adjusted for |
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inflation for the region of the state in which the project is |
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located; and |
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(2) the average cost per full-time equivalent student |
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for each junior college district. |
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(b) The board, in consultation with the governing boards of |
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the state's junior college districts, shall prescribe the form, |
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manner, and times of reports required under this section. |
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(c) The board shall compile the information reported under |
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Subsection (a) for all junior college districts and periodically |
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report its findings to the districts. The board and each junior |
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college district shall post the board's findings on each respective |
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entity's Internet website. |
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(d) The board shall adopt rules for the administration of |
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this section. |
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(e) In administering this section, the board shall attempt |
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to avoid duplicating other reporting requirements applicable to |
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junior college districts. |
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SECTION 4. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0117 to read as follows: |
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Sec. 403.0117. LOCAL TAX RATES PUBLISHED ON INTERNET. (a) |
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The comptroller shall publish on the comptroller's Internet |
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website, listed by county: |
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(1) the name of each political subdivision that |
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imposes a sales and use tax and the sales and use tax rate for the |
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political subdivision; and |
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(2) the tax rate information reported to the |
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comptroller by each county assessor-collector under Section |
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26.16(e), Tax Code. |
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(b) The comptroller shall update the information described |
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by Subsection (a) at least annually. |
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SECTION 5. Section 1202.008, Government Code, is amended to |
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read as follows: |
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Sec. 1202.008. COLLECTION AND REPORT OF INFORMATION ON |
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LOCAL [PUBLIC] SECURITIES [OF POLITICAL SUBDIVISIONS]. (a) In |
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this section, "local security" has the meaning assigned by Section |
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1231.001. |
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(b) In reviewing local [public] securities under this |
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chapter, the attorney general shall [may] collect, in the form |
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required by the Bond Review Board, information on each local |
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security [public securities issued by a municipal corporation or
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political subdivision of this state]. |
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(c) [(b)] The information must include: |
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(1) the terms of each local security [the public
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securities]; |
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(2) the debt service payable on each local security |
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[the public securities]; and |
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(3) other information required by the Bond Review |
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Board. |
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(d) [(c)] The attorney general shall send the information |
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to the Bond Review Board for inclusion in the reports required by |
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Sections [board's report of debt statistics under Section] |
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1231.062, 1231.104, and 1231.105. |
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(e) The attorney general may not approve a local security |
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under Section 1202.003 until the attorney general receives written |
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notification from the bond finance office at the Bond Review Board |
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that the office: |
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(1) has received the information required by |
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Subsection (c); or |
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(2) has agreed to a later date for the submission of |
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the information. |
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SECTION 6. The heading to Subtitle B, Title 9, Government |
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Code, is amended to read as follows: |
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SUBTITLE B. PROVISIONS APPLICABLE TO PUBLIC SECURITIES [ISSUED BY
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STATE GOVERNMENT] |
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SECTION 7. Section 1231.001, Government Code, is amended by |
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adding Subdivision (4) to read as follows: |
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(4) "Local security" means a public security as |
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defined by Section 1201.002, other than a state security. |
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SECTION 8. Section 1231.062(b), Government Code, is amended |
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to read as follows: |
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(b) A report must include: |
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(1) total debt service as a percentage of total |
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expenditures; |
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(2) total debt [tax-supported debt service as a
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percentage of general revenue expenditure;
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[(3)] per capita [total debt]; |
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(3) tax-supported debt [(4)
per capita tax-supported
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debt;
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[(5)
total debt and tax-supported debt as a percentage
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of personal income;
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[(6) total personal income per capita;
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[(7)
total debt per capita as a percentage of total
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personal income] per capita; |
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(4) [(8)] total debt and tax-supported debt as a |
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percentage of real property valuations; |
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(5) [(9)
total debt and tax-supported debt as a
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percentage of annual revenues and expenditures;
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[(10)] principal scheduled [required] to be repaid in |
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five years, [and principal required to be repaid in] 10 years, and |
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20 years; |
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(6) [(11)
growth rates of total debt per capita and
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total debt per dollar of personal income;
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[(12)] recent issuances [trends in the issuance] of |
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short-term notes; |
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(7) [(13)] recent trends in issuance costs; |
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(8) [(14)] savings from recent refundings; |
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(9) debt outstanding [(15) recent trends in
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capitalized interest use;
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[(16) debt service coverage ratios, if applicable]; |
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and |
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(10) [(17)] other information the board considers |
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relevant. |
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SECTION 9. The heading to Section 1231.102, Government |
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Code, is amended to read as follows: |
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Sec. 1231.102. STATE SECURITIES ANNUAL REPORT. |
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SECTION 10. Subchapter F, Chapter 1231, Government Code, is |
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amended by adding Sections 1231.104, 1231.105, and 1231.106 to read |
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as follows: |
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Sec. 1231.104. LOCAL SECURITIES ANNUAL REPORT. Not later |
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than the 180th day after the end of each state fiscal year, the bond |
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finance office shall publish a report listing: |
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(1) the amount of local securities outstanding; |
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(2) applicable repayment schedules; and |
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(3) other information the office considers relevant. |
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Sec. 1231.105. ONLINE ANNUAL LOCAL DEBT STATISTICS REPORT. |
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Not later than the 150th day after the end of each state fiscal |
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year, the bond finance office shall publish on the office's |
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Internet website a report that includes the statistical information |
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listed in Section 1231.062(b) for all local securities for the |
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preceding fiscal year. |
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Sec. 1231.106. REQUIRED INFORMATION. (a) An issuer of a |
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local security shall provide annually to the bond finance office, |
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and at other times required by the office, information that the |
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office determines necessary to administer the powers or duties of |
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the board or the office, including the preparation of any report. |
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(b) The bond finance office shall develop a standardized |
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format to simplify the submission of information by an issuer under |
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this section. |
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SECTION 11. Section 140.005, Local Government Code, is |
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transferred to Subchapter D, Chapter 12, Education Code, |
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redesignated as Section 12.1191, Education Code, and amended to |
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read as follows: |
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Sec. 12.1191 [140.005]. ANNUAL FINANCIAL STATEMENT OF |
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CHARTER SCHOOL [, ROAD, OR OTHER DISTRICT]. (a) The governing body |
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of an [a school district,] open-enrollment charter school [, junior
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college district, or a district or authority organized under
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Article III, Section 52, or Article XVI, Section 59, of the Texas
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Constitution,] shall prepare an annual financial statement showing |
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for each fund subject to the authority of the governing body during |
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the fiscal year: |
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(1) the total receipts of the fund, itemized by source |
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of revenue, including taxes, assessments, service charges, grants |
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of state money, gifts, or other general sources from which funds are |
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derived; |
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(2) the total disbursements of the fund, itemized by |
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the nature of the expenditure; and |
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(3) the balance in the fund at the close of the fiscal |
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year. |
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(b) The governing body of an open-enrollment charter school |
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shall take action to ensure that the school's annual financial |
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report is made available in the manner provided by Chapter 552, |
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Government Code, and is posted continuously on the school's |
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Internet website. |
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(c) An open-enrollment charter school shall maintain an |
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Internet website to comply with this section. |
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SECTION 12. Chapter 140, Local Government Code, is amended |
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by adding Section 140.008 to read as follows: |
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Sec. 140.008. ANNUAL FINANCIAL REPORT; DEBT INFORMATION. |
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(a) In this section: |
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(1) "Debt obligation" means an issued public security, |
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as defined by Section 1201.002, Government Code. |
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(2) "Political subdivision" means a county, |
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municipality, school district, junior college district, other |
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special district, or other subdivision of state government. |
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(b) A political subdivision shall prepare an annual |
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financial report that includes: |
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(1) financial information for each fund subject to the |
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authority of the governing body of the political subdivision during |
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the fiscal year, including: |
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(A) the total receipts of the fund, itemized by |
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source of revenue, including taxes, assessments, service charges, |
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grants of state money, gifts, or other general sources from which |
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funds are derived; |
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(B) the total disbursements of the fund, itemized |
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by the nature of the expenditure; |
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(C) the balance in the fund as of the last day of |
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the fiscal year; and |
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(D) any other information required by law to be |
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included by the political subdivision in an annual financial report |
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or comparable annual financial statement, exhibit, or report; and |
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(2) then-current debt obligation information for the |
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political subdivision that must state: |
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(A) as a total amount and as a per capita amount: |
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(i) the amount of all authorized debt |
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obligations; |
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(ii) the principal of all outstanding debt |
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obligations; |
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(iii) the principal of each outstanding |
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debt obligation; |
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(iv) the combined principal and interest |
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required to pay all outstanding debt obligations on time and in |
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full; and |
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(v) the combined principal and interest |
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required to pay each outstanding debt obligation on time and in |
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full; and |
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(B) for each debt obligation: |
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(i) the issued and unissued amount; |
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(ii) the spent and unspent amount; |
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(iii) the maturity date; and |
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(iv) the stated purpose for which the debt |
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obligation was authorized. |
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(c) The governing body of a political subdivision shall take |
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action to ensure that: |
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(1) the political subdivision's annual financial |
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report is made available for inspection by any person and is posted |
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continuously on the political subdivision's Internet website; and |
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(2) the contact information for the main office of the |
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political subdivision is continuously posted on the website, |
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including the physical address, the mailing address, the main |
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telephone number, and an e-mail address. |
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(d) A political subdivision shall maintain an Internet |
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website to comply with this section. |
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SECTION 13. The heading to Section 26.16, Tax Code, is |
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amended to read as follows: |
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Sec. 26.16. REPORTING OF TAX RATES AND POSTING OF [TAX] |
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RATES ON COUNTY'S INTERNET WEBSITE. |
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SECTION 14. Section 26.16, Tax Code, is amended by amending |
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Subsections (a), (b), and (e) and adding Subsection (f) to read as |
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follows: |
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(a) The county assessor-collector for each county, |
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including those that do not participate in the assessment or |
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collection of property taxes, shall maintain [that maintains] an |
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Internet website. The county assessor-collector shall post on the |
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website [of the county] the following information for the most |
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recent five tax years beginning with the 2012 tax year for each |
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taxing unit all or part of the territory of which is located in the |
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county: |
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(1) the adopted tax rate; |
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(2) the maintenance and operations rate; |
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(3) the debt rate; |
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(4) the effective tax rate; |
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(5) the effective maintenance and operations rate; and |
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(6) the rollback tax rate. |
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(b) Each taxing unit [all or part of the territory of which
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is located in the county] shall annually provide the information |
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described by Subsection (a) pertaining to the taxing unit to the |
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county assessor-collector of each county in which all or part of the |
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unit's territory is located [annually] following the adoption of a |
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tax rate by the taxing unit for the current tax year. The chief |
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appraiser of the appraisal district established in the county may |
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assist the county assessor-collector in identifying the taxing |
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units required to provide information to the assessor-collector. |
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(e) The county assessor-collector for each county shall |
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report the tax rate information described by Subsection (a) for the |
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current tax year to the comptroller. |
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(f) The comptroller by rule shall prescribe the time and |
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manner in which the information described by this section is |
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required to be reported and published [presented]. |
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SECTION 15. Section 140.006, Local Government Code, is |
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repealed. |
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SECTION 16. (a) Section 46.103, Education Code, as added by |
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this Act, applies only to school district construction or |
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renovation projects that are in progress on or are initiated on or |
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after the effective date of this Act. A school district is not |
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required to post information regarding projects that are completed |
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on or before the effective date of this Act. |
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(b) The governing body of a school district or junior |
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college district required to publish an annual financial statement |
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under former Section 140.006, Local Government Code, shall publish |
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an annual financial statement for the last fiscal year ending |
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before the effective date of this Act for which the district has not |
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published an annual financial statement. |
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(c) Section 140.008, Local Government Code, as added by this |
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Act, applies only to an annual financial report for a fiscal year |
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ending on or after the effective date of this Act. An annual |
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financial report for a fiscal year ending before the effective date |
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of this Act is governed by the law in effect when the fiscal year |
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ended, and the former law is continued in effect for that purpose. |
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SECTION 17. This Act takes effect September 1, 2013. |