83R9577 TJB-D
 
  By: Murphy H.B. No. 1983
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the fiscal transparency of certain entities responsible
  for public money.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  SECTION 1.  Section 51.005, Education Code, is amended to
  read as follows:
         Sec. 51.005.  ANNUAL FINANCIAL REPORT [REPORTS].  (a) Each
  institution of higher education shall:
               (1)  prepare a complete annual financial report as
  prescribed by Section 2101.011, Government Code; and
               (2)  post the institution's most recent annual
  financial report continuously on the institution's Internet
  website.
         (b)  Each institution of higher education that is a component
  of a university system shall include in its annual financial report
  a description of any debt issued by the university system for or on
  behalf of the institution during the fiscal year covered by the
  report. In this subsection, "university system" has the meaning
  assigned by Section 61.003.
         SECTION 2.  Subchapter B, Chapter 403, Government Code, is
  amended by adding Section 403.0117 to read as follows:
         Sec. 403.0117.  LOCAL TAX RATES PUBLISHED ON INTERNET. (a)  
  The comptroller shall publish on the comptroller's Internet
  website, listed by county:
               (1)  the name of each political subdivision that
  imposes a sales and use tax and the sales and use tax rate for the
  political subdivision; and
               (2)  the tax rate information reported to the
  comptroller by each county assessor-collector under Section
  26.16(e), Tax Code.
         (b)  The comptroller shall update the information described
  by Subsection (a) at least annually.
         SECTION 3.  Section 140.005, Local Government Code, is
  transferred to Subchapter D, Chapter 12, Education Code,
  redesignated as Section 12.1191, Education Code, and amended to
  read as follows:
         Sec. 12.1191  [140.005].  ANNUAL FINANCIAL STATEMENT OF
  CHARTER SCHOOL [, ROAD, OR OTHER DISTRICT]. (a) The governing body
  of an [a school district,] open-enrollment charter school [, junior
  college district, or a district or authority organized under
  Article III, Section 52, or Article XVI, Section 59, of the Texas
  Constitution,] shall prepare an annual financial statement showing
  for each fund subject to the authority of the governing body during
  the fiscal year:
               (1)  the total receipts of the fund, itemized by source
  of revenue, including taxes, assessments, service charges, grants
  of state money, gifts, or other general sources from which funds are
  derived;
               (2)  the total disbursements of the fund, itemized by
  the nature of the expenditure; and
               (3)  the balance in the fund at the close of the fiscal
  year.
         (b)  The governing body of an open-enrollment charter school
  shall take action to ensure that the school's annual financial
  report is made available in the manner provided by Chapter 552,
  Government Code, and is posted continuously on the school's
  Internet website.
         (c)  An open-enrollment charter school shall maintain an
  Internet website to comply with this section.
         SECTION 4.  Chapter 140, Local Government Code, is amended
  by adding Section 140.008 to read as follows:
         Sec. 140.008.  ANNUAL FINANCIAL REPORT; DEBT INFORMATION.
  (a) In this section:
               (1)  "Debt obligation" means an issued public security,
  as defined by Section 1201.002, Government Code.
               (2)  "Political subdivision" means a county,
  municipality, school district, junior college district, other
  special district, or other subdivision of state government.
         (b)  A political subdivision shall prepare an annual
  financial report that includes:
               (1)  financial information for each fund subject to the
  authority of the governing body of the political subdivision during
  the fiscal year, including:
                     (A)  the total receipts of the fund, itemized by
  source of revenue, including taxes, assessments, service charges,
  grants of state money, gifts, or other general sources from which
  funds are derived;
                     (B)  the total disbursements of the fund, itemized
  by the nature of the expenditure;
                     (C)  the balance in the fund as of the last day of
  the fiscal year; and
                     (D)  any other information required by law to be
  included by the political subdivision in an annual financial report
  or comparable annual financial statement, exhibit, or report; and
               (2)  then-current debt obligation information for the
  political subdivision that must state:
                     (A)  as a total amount and as a per capita amount:
                           (i)  the amount of all authorized debt
  obligations;
                           (ii)  the principal of all outstanding debt
  obligations;
                           (iii)  the principal of each outstanding
  debt obligation;
                           (iv)  the combined principal and interest
  required to pay all outstanding debt obligations on time and in
  full; and
                           (v)  the combined principal and interest
  required to pay each outstanding debt obligation on time and in
  full; and
                     (B)  for each debt obligation:
                           (i)  the issued and unissued amount;
                           (ii)  the spent and unspent amount;
                           (iii)  the maturity date; and
                           (iv)  the stated purpose for which the debt
  obligation was authorized.
         (c)  The governing body of a political subdivision shall take
  action to ensure that:
               (1)  the political subdivision's annual financial
  report is made available for inspection by any person and is posted
  continuously on the political subdivision's Internet website; and
               (2)  the contact information for the main office of the
  political subdivision is continuously posted on the website,
  including the physical address, the mailing address, the main
  telephone number, and an e-mail address.
         (d)  A political subdivision shall maintain an Internet
  website to comply with this section.
         SECTION 5.  The heading to Section 26.16, Tax Code, is
  amended to read as follows:
         Sec. 26.16.  REPORTING OF TAX RATES AND POSTING OF [TAX]
  RATES ON COUNTY'S INTERNET WEBSITE.
         SECTION 6.  Section 26.16, Tax Code, is amended by amending
  Subsections (a), (b), and (e) and adding Subsection (f) to read as
  follows:
         (a)  The county assessor-collector for each county,
  including those that do not participate in the assessment or
  collection of property taxes, shall maintain [that maintains] an
  Internet website. The county assessor-collector shall post on the
  website [of the county] the following information for the most
  recent five tax years beginning with the 2012 tax year for each
  taxing unit all or part of the territory of which is located in the
  county:
               (1)  the adopted tax rate;
               (2)  the maintenance and operations rate;
               (3)  the debt rate;
               (4)  the effective tax rate;
               (5)  the effective maintenance and operations rate; and
               (6)  the rollback tax rate.
         (b)  Each taxing unit [all or part of the territory of which
  is located in the county] shall annually provide the information
  described by Subsection (a) pertaining to the taxing unit to the
  county assessor-collector of each county in which all or part of the
  unit's territory is located [annually] following the adoption of a
  tax rate by the taxing unit for the current tax year.  The chief
  appraiser of the appraisal district established in the county may
  assist the county assessor-collector in identifying the taxing
  units required to provide information to the assessor-collector.
         (e)  The county assessor-collector for each county shall
  report the tax rate information described by Subsection (a) for the
  current tax year to the comptroller.
         (f)  The comptroller by rule shall prescribe the time and
  manner in which the information described by this section is
  required to be reported and published [presented].
         SECTION 7.  Section 140.006, Local Government Code, is
  repealed.
         SECTION 8.  (a)  The governing body of a school district or
  junior college district required to publish an annual financial
  statement under former Section 140.006, Local Government Code,
  shall publish an annual financial statement for the last fiscal
  year ending before the effective date of this Act for which the
  district has not published an annual financial statement.
         (b)  Section 140.008, Local Government Code, as added by this
  Act, applies only to an annual financial report for a fiscal year
  ending on or after the effective date of this Act. An annual
  financial report for a fiscal year ending before the effective date
  of this Act is governed by the law in effect when the fiscal year
  ended, and the former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2013.