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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and maintenance of a database of taxing |
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unit bonds, taxes, and bond-related projects; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Sections 403.0248 and 403.0249 to read as |
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follows: |
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Sec. 403.0248. BOND, TAX, AND PROJECT DATABASE. (a) In |
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this section, "Taxing unit" has the meaning assigned by Section |
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1.04(12), Tax Code. |
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(b) The comptroller shall consult and coordinate with the |
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Bond Review Board to develop and maintain a database that includes |
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current and historical information regarding taxing unit bonds, |
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taxes, and bond-related projects, including: |
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(1) for each bond or other debt obligation issued or |
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proposed by a taxing unit: |
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(A) the language of the ballot proposition if the |
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bond or other debt obligation has been or will be approved at an |
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election; |
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(B) the projected interest and sinking fund tax |
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rate or projected tax rate for debt service, as applicable, |
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associated with a proposed bond; |
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(C) the result of an election held for the |
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purpose of issuing a proposed bond or other debt obligation; |
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(D) a list of the projects to be funded using the |
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bond; |
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(E) an accounting of the use of the proceeds of |
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any issued bond, including descriptions of any projects paid for |
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with the proceeds; and |
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(F) any increase in the interest and sinking fund |
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tax rate or tax rate for debt service, as applicable, resulting from |
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issued bonds; |
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(2) the results of any election held under Chapter 26, |
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Tax Code, including the ad valorem tax rate proposed by the taxing |
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unit for purposes of the election and the taxing unit's |
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voter-approval tax rate for the tax year of the election; |
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(3) for maintenance taxes that have been levied or |
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proposed by a school district: |
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(A) each school district's proposed or approved |
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tax rate; and |
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(B) the language of the ballot proposition under |
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Section 45.003(d), Education Code; |
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(4) a report generation function to allow the |
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comptroller to generate reports of the information described by |
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Subdivisions (1) through (3) for each taxing unit, disaggregated by |
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geographic area; and |
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(5) a function that allows for the proposal of updates |
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or corrections to the information included in the database. |
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(c) A taxing unit shall provide the comptroller with the |
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information described by Subsections (b)(1) through (3) and any |
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other information requested by the comptroller for the purpose of |
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maintaining the database established under this section. The |
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comptroller may consult with the appropriate officer of, or other |
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person representing, each taxing unit to obtain the information |
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necessary to operate and update the database. |
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(d) The comptroller may contract with a third party as |
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necessary for the development or maintenance of the database under |
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this section. |
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(e) The comptroller may not charge a fee to the public to |
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access the database. |
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(f) The comptroller may establish procedures and adopt |
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rules as necessary to implement this section. |
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Sec. 403.0249. NONCOMPLIANCE; CIVIL PENALTY. (a) If a |
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taxing unit has not complied with a requirement to provide |
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information under Section 403.0248, the comptroller shall send a |
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notice to the taxing unit. The notice must be in writing, describe |
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the information that must be submitted to the comptroller, and |
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inform the taxing unit that if the information is not provided on or |
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before the 30th day after the date the notice is provided, the |
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taxing unit will be subject to a civil penalty of $1,000. |
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(b) If a taxing unit does not report the required |
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information as prescribed by Subsection (b), the taxing unit is |
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liable to the state for a civil penalty of $1,000. |
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(c) The attorney general may sue to collect a civil penalty |
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imposed under this section. |
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(d) It is a defense to an action brought under this section |
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that the taxing unit provided the required information or documents |
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to the extent the information or documents are not exempt from |
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disclosure or confidential under Chapter 552. |
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SECTION 2. The comptroller shall create and post on the |
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comptroller's Internet website the database required by Section |
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403.0248, Government Code, as added by this Act, not later than |
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January 1, 2026. |
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SECTION 3. The comptroller is required to implement the |
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changes in law made by this Act only if the legislature appropriates |
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money specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the comptroller |
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may, but is not required to, implement this Act using other |
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appropriations available for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |