HB 4082 (Goldman) Relating to the purposes for which a municipality or county may issue an anticipation note or certificate of obligation
- Specifically defines “public work” for the purposes of local government certificates of obligation
- Definition includes: a street, road, highway, bridge, sidewalk, or parking structure; a landfill; an airport; a utility system, water supply project, water treatment plant, wastewater treatment plant, or water or wastewater conveyance facility; a wharf or dock; a flood control and drainage project; a public safety facility, including a police station, fire station, emergency shelter, jail, or juvenile detention facility; a judicial facility; an administrative office building housing the governmental functions of the municipality or county; an animal shelter; a library; or a park or recreation facility
- Expressly not considered a public work: facility for professional or semi-professional sports; a stadium, arena, civic center, convention center, or coliseum; or a hotel
- SB 4082 passed out of both chambers and is now heading to the Governor’s desk
SB 2035 (Bettencourt) Relating to the issuance of certain anticipation notes and certificates of obligation
- Would extend the length of time from the current three years to five years that a taxing entity is prohibited from using certificates of obligation (COs) to fund a voter-rejected project with certain exceptions
- The bill also prohibits the issuance of tax anticipation notes (TANs) for five years if the voters reject a bond proposal
- This bill takes effect September 1, 2023
- SB 2035 passed out of both chambers and is now heading to the Governor’s desk
SB 2350 (Bettencourt) Relating to the voter-approval tax rate used to calculate the unused increment rate of a taxing unit for ad valorem tax purposes
- Would restrict certain changes or updates to truth in taxation worksheet
- Will codify that once the voter-approval tax rate is adopted by the taxing entity, the worksheet cannot be changed or adjusted which would impact the unused increment rate of a taxing unit
- This bill takes immediate effect once signed or allowed to become law by the Governor
- SB 2350 passed out of both chambers and is now heading to the Governor’s desk
HB 159 (Landgraf) Relating to the procedure by which a taxing unit is required to provide public notice of certain ad valorem tax-related information
- Public notice required on certain ad valorem tax-related information
- Information required on the home page would be summarized in the newspaper, with some exceptions
- HB 159 was passed out of the House and left in Senate Committee
HB 3899 (Troxclair) Relating to the issuance of bonds by certain local government corporations
- Amends the Transportation Code addressing the issuance of bonds by certain local government corporations
- SB 1791 is the Senate Companion
- As amended includes in its subchapter the definition of bond to include “a note, revenue bond, or loan”
- The bill provides limitations on such a corporation’s authority to issue certain bonds that are similar to the limitations placed on municipalities and counties
- There is a requirement that a bond election under the bill’s provisions be held on the November uniform election date
- HB 3899 was passed out of the House on 5/2, the Senate passed out the bill on 5/22 as amended and the House returned the bill to the Senate with non-germane amendments
- The Senate amendment was authored by Bettencourt who said it was based on the AG opinion that states it is prohibited to use M&O to service debt through a local government corporation, the sustained Point of Order called on the bill noted that the amendment changed the original intent of the bill and prohibited what was authorized in the bill
- The bill was returned to the Senate to address the POO, but the bill was not taken back up before Sine Die, and as a result, it died
SB 946 (Sparks) Relating to the election date for the authorization of the issuance of bonds or a tax increase
- Requires bonds, other debt, or tax increases to be held on the November uniform election date
- A similar bill HB 187 (Landgraf) was left pending in a House committee on ⅘& companion SB 1609 (Sparks) did not have a hearing in Senate committee
- SB 946 was placed on the Senate Intent Calendar originally on 4/12 but was never taken up by the Senate Chamber
SB 1252 (Bettencourt) Relating to the wording of ballot propositions for bond elections
- “THIS IS A TAX INCREASE” statement required on certain ballot propositions
- This bill passed out of the Senate as amended, passed out of the House committee as substituted but when taken up for consideration on the House floor, was pronounced dead by procedural action
SB 1814 (Bettencourt) Relating to the current debt rate and tax rate of a taxing unit for ad valorem tax purposes
- Relating to debt service and calculation of the current debt rate
- Amends the definition of “current debt” for calculating the interest and sinking rate to include only the minimum amount required by the bond issuance schedule
- The bill has 1 adopted floor amendment as it passed out of the Senate chamber which allowed flexibility with setting the interest and sinking rate by requiring approval by a certain percentage according to the amendment layout
- (The amendment will be available here on the amendments tab once it is published)
- SB 1814 was passed out of the Senate as amended and was left in House Committee
SB 2433 (Bettencourt) Relating to certain election practices and procedures; increasing a criminal penalty; providing an administrative penalty
- A 14 page bill that relates to election practices and procedures BUT it also has a section in it that incorporates language from SB 824/HB 453
- Section 5 of the bill amends Sec. 43.031 of the Election Code by adding subsection (f):
- If the entity that owns or controls a public building selected for a polling place under this section is a school district and fails to make the building available in accordance with Subsection (c), the district may not designate the building as a polling place for an election for the board of trustees or for a school district bond election until after the fifth anniversary of the date of the election in which the district failed to comply with this section.
- SB 2433 was voted out of the Senate and was left in House Committee