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A BILL TO BE ENTITLED
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AN ACT
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relating to the vote required by the governing body of a taxing unit |
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to adopt an ad valorem tax rate that exceeds the voter-approval tax |
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rate or authorize the issuance of tax bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1253, Government Code, is amended by |
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adding Section 1253.004 to read as follows: |
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Sec. 1253.004. SUPERMAJORITY VOTE OF GOVERNING BODY |
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REQUIRED TO APPROVE GENERAL OBLIGATION BONDS. Notwithstanding any |
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other law, a political subdivision may not issue general obligation |
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bonds unless at least 60 percent of the members of the governing |
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body of the political subdivision vote in favor of issuing the bonds |
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in the manner prescribed by law for official action by the governing |
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body. |
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SECTION 2. Chapter 26, Tax Code, is amended by adding |
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Section 26.0502 to read as follows: |
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Sec. 26.0502. ADOPTION OF PROPOSED TAX RATE THAT EXCEEDS |
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VOTER-APPROVAL TAX RATE FOLLOWING ELECTION. (a) This section |
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applies only to the adoption of an annual tax rate that exceeds the |
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voter-approval rate by a taxing unit for the tax year following a |
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tax year in which a proposition to approve a tax rate that exceeds |
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the voter-approval rate was not approved by the voters in an |
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election required by Section 26.07 or Section 26.08. |
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(b) Notwithstanding any other law, a taxing unit may not |
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adopt an annual tax rate that exceeds the voter-approval tax rate |
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unless at least 80 percent of the members of the governing body of |
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the taxing unit by record vote approve the ordinance, resolution, |
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or order setting the tax rate. |
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SECTION 3. Subchapter H, Chapter 49, Water Code, is amended |
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by adding Section 49.23604 to read as follows: |
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Sec. 49.23604. ADOPTION OF PROPOSED TAX RATE THAT EXCEEDS |
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VOTER-APPROVAL TAX RATE FOLLOWING ELECTION. (a) This section |
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applies only to the adoption of an ad valorem tax rate for a |
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district for the tax year following a tax year in which a |
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proposition to approve a tax rate for the district was not approved |
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by the voters in an election required by Section 49.23601, |
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49.23602, or 49.23603. |
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(b) Notwithstanding any other law, unless at least 80 |
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percent of the members of the board of a district vote in favor of |
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adopting the tax rate, the board of a district may not adopt a |
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combined debt service, contract, and operation and maintenance tax |
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rate that exceeds: |
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(1) the voter-approval tax rate as determined under |
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Section 49.23601(a), for a district described by Section |
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49.23601(b); |
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(2) the mandatory tax election rate as determined |
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under Section 49.23602(a), for a district described by Section |
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49.23602(b); or |
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(3) the voter-approval tax rate as determined under |
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Section 49.23603(a), for a district described by Section |
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49.23603(b). |
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SECTION 4. Section 1253.004, Government Code, as added by |
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this Act, applies only to general obligation bonds authorized to be |
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issued by the governing body of a political subdivision on or after |
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the effective date of this Act. |
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SECTION 5. Section 26.0502, Tax Code, and Section 49.23604, |
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Water Code, as added by this Act, apply only to a tax year that |
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begins on or after the effective date of this Act. |
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SECTION 6. This Act takes effect on the 91st day after the |
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last day of the legislative session. |