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A BILL TO BE ENTITLED
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AN ACT
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relating to fiscal notes for city ballot propositions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 52, Election Code, is |
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amended by adding Section 52.0725 to read as follows: |
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Sec. 52.0725. FISCAL NOTE FOR CITY BALLOT PROPOSITION. (a) |
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For an election on a city ballot proposition stating a measure, the |
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city secretary shall prepare a fiscal note outlining the fiscal |
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implications and projected cost of the measure. |
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(b) The city secretary shall include in the fiscal note a |
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projection of the annual cost of the measure for the five-year |
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period that begins on the effective date of the measure. The |
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projection must include all money anticipated to be spent by the |
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city, regardless of the source of the money. The projection must |
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include the gross anticipated annual costs of the measure and may |
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not be reduced by a calculated estimate of benefits or cost savings |
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created by the measure. An estimate of benefits or cost savings may |
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be described separately in the fiscal note. |
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(c) The city secretary shall include in the fiscal note the |
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projected annual cost of the measure per resident, calculated by |
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dividing the average annual cost determined under Subsection (b) by |
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the number of adult residents of the city according to the most |
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recent decennial census. |
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(d) Not later than the 14th day before the date the ballots |
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are printed, the city secretary shall make available in the city |
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secretary's office and on the city's Internet website, if the city |
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maintains an Internet website, a document that includes the details |
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of the projection described by Subsection (b) and the methodology |
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used to calculate the projection. |
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(e) The projected annual cost per resident determined under |
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Subsection (c) must be printed on the ballot immediately following |
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the text of the applicable ballot proposition in the following |
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format: "If this ballot proposition passes, the additional cost to |
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each adult resident is $_____ (amount calculated as described by |
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Subsection (c)) per year." |
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(f) A qualified voter in the city or the attorney general |
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may file a civil action in district court to compel the city |
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secretary to comply with the requirements of this section, |
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including the requirement that the city secretary accurately |
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calculate the fiscal implications of a measure. The court shall |
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give absolute preference to a suit filed under this section so that |
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a decision on the suit is reached before the deadline for printing |
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ballots. |
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(g) A plaintiff who substantially prevails in an action |
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brought under Subsection (f), through judgment or through a change |
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in behavior resulting from the litigation, is entitled to court |
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costs, reasonable attorney's fees, and a penalty equal to the |
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greater of: |
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(1) 2.5 times the party's attorney's fees; or |
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(2) $10,000. |
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(h) Sovereign and governmental immunity from suit and |
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liability is waived and abolished to the extent of liability |
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created by this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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an election ordered on or after the effective date of this Act. An |
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election ordered before the effective date of this Act is governed |
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by the law in effect when the election was ordered, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2026. |