85R6264 JXC-D     By: Stephenson H.B. No. 1343       A BILL TO BE ENTITLED   AN ACT   relating to public access to financial and tax rate information of   certain special purpose districts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 403, Government Code, is   amended by adding Sections 403.0241 and 403.0242 to read as   follows:          Sec. 403.0241.  SPECIAL PURPOSE DISTRICT PUBLIC INFORMATION   DATABASE. (a)  In this section:                (1)  "Special purpose district" means a political   subdivision of this state with geographic boundaries that define   the subdivision's territorial jurisdiction.  The term does not   include a municipality, county, junior college district,   independent school district, or political subdivision with   statewide jurisdiction.                (2)  "Tax year" has the meaning assigned by Section   1.04, Tax Code.          (b)  The comptroller shall create and make accessible on the   Internet a database, to be known as the Special Purpose District   Public Information Database, that contains information regarding   all active special purpose districts of this state that are   authorized by the state by a general or special law to impose an ad   valorem tax or a sales and use tax, to impose an assessment, or to   charge a fee.          (c)  For each special purpose district described by   Subsection (b), the database must include:                (1)  the name of the special purpose district;                (2)  the name of each board member or employee of the   special purpose district;                (3)  the name of each attorney who represents the   district;                (4)  contact information for the main office of the   special purpose district, including the physical address, the   mailing address, and the main telephone number;                (5)  the special purpose district's Internet website   address, if any;                (6)  the information the special purpose district is   required to report under Section 140.008(b) or (g), Local   Government Code, including any revenue obligations;                (7)  the total annual revenue of the special purpose   district, including bond proceeds and grants;                (8)  the amount of money in the special purpose   district's possession on the last day of the most recently   completed fiscal year, including a statement of the balance in each   of its accounts at the end of that fiscal year;                (9)  the rate of any sales and use tax the special   purpose district imposes; and                (10)  the table of ad valorem tax rates for the most   recent tax year described by Section 26.16, Tax Code, in the form   required by that section.          (d)  The comptroller may consult with the appropriate   officer of, or other person representing, each special purpose   district to obtain the information necessary to operate and update   the database.          (e)  To the extent information required in the database is   otherwise collected or maintained by a state agency or special   purpose district, the comptroller may request and the state agency   or special purpose district shall provide that information and   updates to the information as necessary for inclusion in the   database.          (f)  The comptroller shall update information in the   database at least annually.          (g)  The comptroller may not charge a fee to the public to   access the database.          (h)  The comptroller may establish procedures and adopt   rules to implement this section.          Sec. 403.0242.  SPECIAL PURPOSE DISTRICT NONCOMPLIANCE   LIST. (a) The comptroller shall prepare and maintain a   noncompliance list of special purpose districts that have not   complied with a requirement to provide information under Section   403.0241 or Section 203.062, Local Government Code.          (b)  If a special purpose district does not comply with a   requirement to provide information under Section 403.0241 or   Section 203.062, Local Government Code, the comptroller shall   notify the person listed as the contact for the district. The   notice must be in writing, describe the information that must be   submitted to the comptroller, and inform the special purpose   district that the district will be placed on the noncompliance list   if the required information is not provided.          (c)  The attorney general may not approve a public security   submitted under Chapter 1202 by a special purpose district that   appears on the noncompliance list until the attorney general   receives written notification from the comptroller that the   comptroller:                (1)  has received the required information; or                (2)  has agreed to a later date for the special purpose   district to submit the information.          SECTION 2.  Chapter 203, Local Government Code, is amended   by adding Subchapter D to read as follows:   SUBCHAPTER D.  RECORDS AND INFORMATION PROVIDED TO COMPTROLLER          Sec. 203.061.  APPLICABILITY OF SUBCHAPTER.  This subchapter   applies only to a special purpose district described by Section   403.0241(b), Government Code.          Sec. 203.062.  PROVISION OF CERTAIN RECORDS AND OTHER   INFORMATION TO COMPTROLLER.  (a)  A special purpose district shall    transmit records and other information to the comptroller annually   for purposes of providing the comptroller with information to   operate and update the Special Purpose District Public Information   Database under Section 403.0241, Government Code.          (b)  The special purpose district may comply with Subsection   (a) by transmitting an affidavit affirming that records and other   information previously transmitted are current.          (c)  The special purpose district shall transmit the records   and other information in a form and in the manner prescribed by the   comptroller.          SECTION 3.  The comptroller shall create and post on the   Internet the Special Purpose District Public Information Database   required by Section 403.0241, Government Code, as added by this   Act, not later than January 1, 2018.          SECTION 4.  Not later than January 1, 2018, the comptroller   shall send written notice to each special purpose district   described by Section 403.0241(b), Government Code, as added by this   Act, that describes the changes in law made by this Act. Each   special purpose district that receives notice shall submit to the   comptroller any information required under Section 403.0241,   Government Code, as added by this Act, or Section 203.062, Local   Government Code, as added by this Act, not later than the 90th day   after the date the district receives the notice.          SECTION 5.  The changes in law made by this Act in Section   403.0242(c), Government Code, apply only to a security submitted   for review to the attorney general by an issuer on or after April 2,   2018.  A security submitted for review to the attorney general by an   issuer before April 2, 2018, is governed by the law in effect when   the security is submitted, and the former law is continued in effect   for that purpose.          SECTION 6.  This Act takes effect September 1, 2017.