TPTRP BOND MANAGEMENT ACT
House Bill · Bond Management and the I&S Reserve Fund
Bond issuance, refunding, and I&S Reserve Fund administration for taxing entities under the TPTRP.
By: ______________________
H.B. No. ______
A BILL TO BE ENTITLED
AN ACT relating to the implementation of the Texas Property Tax Replacement Plan bond
management framework; amending the Texas Education Code to substitute the Bond Service Levy for the ad
valorem interest and sinking levy in school district bond obligations and to repeal excess local revenue
recapture provisions; amending the Texas Government Code to conform municipal, county, county building,
road district, hospital district, and public security statutes to the new framework; amending the Texas
Tax Code to add the Bond Service Levy as a dedicated levy within the statewide sales and use tax
collection system and to conform the state sales tax rate provision; amending the Texas Water Code and
Special District Local Laws Code to remove ad valorem taxing authority from water districts and special
districts; amending the Texas Local Government Code to require voter approval for all new local debt, to
conform county certificate of obligation authority, and to establish special district absorption
mechanics; amending the Health and Safety Code to conform hospital district bond authority; establishing
the single Interest and Sinking Reserve Fund, backstop cascade, statewide bond registry, and standalone
disaster and emergency bond service coverage; establishing the Texas Comptroller's Citizens First
Bond module of the Texas Sales and Use Tax Portal and Stage 4 Texas-domiciled entity verification
process; cross-referencing the TPTRP Transition Board, Transition Fund, and Transition Plan Act;
providing civil penalties; making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS
SECTION 1.01.
Chapter 1, Government Code, is amended by adding Section 1.0052 to read as follows:
Sec. 1.0052. TPTRP BOND MANAGEMENT — DEFINITIONS.
In any statute implementing the bond management provisions of the Texas Property Tax
Replacement Plan, unless the context clearly requires otherwise:
(1) "Bond Service Levy" means the dedicated, law-set Interest and Sinking Rate
component of the tiered flat sales and use tax established by Article VIII, Section 1-n, Texas
Constitution — as certified annually for each taxing entity by the Comptroller — set aside exclusively
for payment of principal and interest on Pre-Abolition Bonds and post- Implementation Date
voter-approved bonds, and for funding each entity's I&S Reserve Fund.
(2) "I&S Reserve Fund" or "Interest and Sinking Reserve Fund" means the single,
dedicated, entity-level fund maintained by each taxing entity and overseen by the Comptroller, funded
from the Bond Service Levy, which serves simultaneously as (A) the operating account from which the
entity makes all bond debt service payments and (B) the entity's first-line emergency reserve for
bond debt service shortfalls. No taxing entity is required to establish, fund, or maintain any separate
or additional bond reserve fund; the I&S Reserve Fund is the sole entity-level bond reserve
contemplated by this Act and by Article VIII, Section 1-o, Texas Constitution.
(3) "Implementation Date" means the date on which the ad valorem prohibition of
Article VIII, Section 1-e, Texas Constitution, as amended, takes effect upon voter ratification of the
companion constitutional amendment.
(4) "Pre-Abolition Bond" means any general obligation bond, note, or other
indebtedness issued by a Texas taxing entity with a pledge of ad valorem taxes for payment of principal
and interest that remains outstanding on or after the Implementation Date.
(5) "Certified Annual Bond Debt Service" means the total principal and interest
payments due on a taxing entity's outstanding bonds during a fiscal year as certified annually by
the Texas Comptroller of Public Accounts from the statewide bond registry maintained under Section
321.601, Tax Code.
(6) "Constitutional Cap Rate" or "CCR" means the tier-specific maximum total rate
established for each class of taxing entity by Article VIII, Section 1-n, Texas Constitution.
(7) "Transition Fund" means the TPTRP Transition Fund established under Chapter 490,
Government Code, as enacted by the TPTRP Transition Board, Transition Fund, and Transition Plan Act.
(8) "Transition Board" means the TPTRP Transition Board established under Chapter
490, Government Code, as enacted by the TPTRP Transition Board, Transition Fund, and Transition Plan
Act.
(9) "Revenue Bond" means a bond whose sole pledge is an identifiable stream of
enterprise operating revenues with no contingent claim on any tax revenue of any kind, as defined by
Article VIII, Section 1-o(a)(8), Texas Constitution, as amended.
(10) "Public security" has the meaning assigned by Section 1201.002, Government
Code.
(11) "Declared disaster or emergency" has the meaning assigned by Section 404.0072 of
this code.
ARTICLE 2. TEXAS EDUCATION CODE — ISD BOND PLEDGE SUBSTITUTION AND RECAPTURE REPEAL
Subchapter A. ISD Bond Authority — Section 45.001 Pledge Substitution
SECTION 2.01.
Section 45.001, Education Code, is amended to read as follows:
Sec. 45.001. BONDS AND BOND TAXES.
(a) The governing board of an independent school district, including the city
council or commission that has jurisdiction over a municipally controlled independent school district,
the governing board of a rural high school district, and the commissioners court of a county, on behalf
of each common school district under its jurisdiction, may:
(1) issue bonds for:
(A) the construction, acquisition, and equipment of school buildings in the
district;
(B) the acquisition of property or the refinancing of property financed under a
contract entered under Subchapter A, Chapter 271, Local Government Code, or under a lease or installment
purchase contract authorized by law;
(C) the purchase of new school buses; and
(D) the purchase of computer equipment and technology;
(2) before the Implementation Date as defined by Section 1.0052, Government Code,
levy, pledge, assess, and collect annual ad valorem taxes sufficient to pay the principal of and
interest on the bonds as or before the principal and interest become due; and
(3) on and after the Implementation Date, satisfy the obligation to pay the principal
of and interest on the bonds exclusively through the Bond Service Levy collected and certified under
Article VIII, Section 1-o, Texas Constitution, and Section 321.601, Tax Code; a school district may not
levy, assess, or collect ad valorem taxes for bond debt service on or after the Implementation Date.
(b) Each school district remains the primary obligor on its outstanding bonds. The
substitution of the Bond Service Levy for the ad valorem Interest and Sinking levy does not transfer,
diminish, or extinguish the district's obligation to service its own bond debt in accordance with
the bond's original resolution, indenture, and official statement. Compliance with the Bond Service
Levy certification and collection requirements of Article VIII, Section 1-o, Texas Constitution, and
Section 321.601, Tax Code, constitutes full satisfaction of the ad valorem pledge formerly required by
Subsection (a)(2) for all Pre-Abolition Bonds.
(c) Each school district shall maintain a single I&S Reserve Fund as required by
Article 4 of this Act. Bond debt service payments are the first priority use of each district's
Bond Service Levy collections in each fiscal period, senior to all M&O expenditures and any other
distributions.
(d) The bonds must mature serially or otherwise not more than 40 years from their
date. The bonds may be made redeemable before maturity.
(e) Bonds may be sold at public or private sale as determined by the governing board
of the district, subject to the Citizens First Bond Sale Requirement of Article VIII, Section 1-o(d),
Texas Constitution, and Article 6 of this Act for all bonds issued on or after the Implementation Date.
SECTION 2.02.
Section 45.0011, Education Code, is amended to read as follows:
Sec. 45.0011. TAX RATE; I&S RATE.
(a) Before the Implementation Date, a school district board of trustees shall set
the district's Interest and Sinking tax rate in the manner required by Chapter 26, Tax Code,
sufficient to pay the principal and interest on outstanding bonds.
(b) On and after the Implementation Date, each school district's Interest and
Sinking Rate is determined exclusively by the annual certification of the Texas Comptroller of Public
Accounts under Section 151A.604, Tax Code. The board of trustees has no authority to set, increase, or
decrease the I&S Rate; the I&S Rate is set by the Comptroller's certification and is not
subject to board action. The I&S Rate shall automatically decrease, without any board resolution,
upon bond retirement, defeasance, or I&S Reserve Fund over-accumulation as provided by Section
151A.604, Tax Code.
SECTION 2.03.
Section 45.003, Education Code, is amended by adding Subsection (a-2) to read as
follows:
Sec. 45.003. BOND AND TAX ELECTIONS.
(a) Bonds described by Section 45.001 may not be issued and taxes described by
Section 45.001 or 45.002 may not be levied unless authorized by a majority of the qualified voters of
the district, voting at an election held for that purpose, at the expense of the district, in accordance
with the Election Code, except as provided by this section.
(a-2) On and after the Implementation Date, a bond election under this section is
not an election to impose ad valorem taxes. The ballot proposition for a bond election held on or after
the Implementation Date must state:
(1) the principal amount of the bonds to be authorized;
(2) the specific purpose or purposes for which the bonds are to be issued;
(3) that principal and interest on the bonds will be paid from the Bond Service Levy
collected under Article VIII, Section 1-o, Texas Constitution, and Section 151A.604, Tax Code, and not
from ad valorem taxes; and
(4) that the required I&S Rate for the proposed bonds has been pre-certified by
the Texas Comptroller of Public Accounts as within the district's remaining CCR headroom under
Article VIII, Section 1-n, Texas Constitution.
The Texas Comptroller must issue a CCR pre-certification as provided by Section
151A.604, Tax Code, before the school district may call a bond election.
Subchapter B. Repeal of Excess Local Revenue Recapture
SECTION 2.04.
Section 48.257, Education Code, is repealed, effective on the Implementation Date.
SECTION 2.05.
The following provisions of Chapter 49, Education Code, are repealed, effective on
the Implementation Date:
(1) Subchapter A (Sections 49.001 through 49.005); (2) Subchapter B (Sections 49.051
through 49.060) — Purchase of Attendance Credits; (3) Subchapter C (Sections 49.101 through 49.106) —
Detachment and Annexation; (4) Subchapter D (Sections 49.151 through 49.162) — Consolidation; (5)
Subchapter E (Sections 49.201 through 49.212) — Purchase of Education Program; (6) Subchapter F
(Sections 49.251 through 49.257) — Tax Base Consolidation; and (7) Subchapter G (Sections 49.301 through
49.307) — Open-Enrollment Charter School Recapture Provisions.
SECTION 2.06. TIER 4 DISTRIBUTION — CROSS-REFERENCE TO CHAPTER 151-A.
(a) The ISD Tier 4 distribution and recapture-supersession rule formerly set out in
this section is codified at Section 151A.410, Tax Code, in the TPTRP Sales and Use Tax Act.
(b) On and after the Implementation Date, Section 151A.410, Tax Code, governs Tier 4
distribution, the continuation of school-district bond obligations, and the supersession of
property-wealth recapture.
Subchapter C. ISD Bond — PSF Registry and AG Approval Conforming
SECTION 2.07.
Chapter 45, Education Code, is amended by adding Section 45.0055 to read as
follows:
Sec. 45.0055. PSF-GUARANTEED BONDS — COMPTROLLER REGISTRY; AG APPROVAL; REPORTING.
(a) Each school district with bonds guaranteed by the Permanent School Fund under
Chapter 45, Subchapter C, and Article VII, Section 5, Texas Constitution, shall report to the Texas
Comptroller of Public Accounts not later than 30 days after the Implementation Date, and annually
thereafter:
(1) the principal amount outstanding on each PSF-guaranteed bond; (2) the annual debt
service schedule for each PSF-guaranteed bond through final maturity; (3) the CUSIP number and EMMA
identifier for each PSF-guaranteed bond; and (4) the district's current I&S Reserve Fund
balance.
(b) The Comptroller shall include all PSF-guaranteed bonds reported under this
section in the statewide bond registry under Section 321.601, Tax Code, and shall incorporate those
bonds into the district's I&S Rate calculation under Section 151A.604, Tax Code.
(c) For purposes of the Attorney General bond approval process under Government Code
Chapter 1202, the Bond Service Levy pledge established by Article VIII, Section 1-o, Texas Constitution,
and Section 321.601, Tax Code, constitutes a legally sufficient pledge for any bond issued by a school
district on or after the Implementation Date.
ARTICLE 3. GOVERNMENT CODE — MUNICIPAL AND COUNTY BOND AUTHORITY CONFORMING
(This article is fully aligned with Article VIII, Sections 1-n(i) and 1-o(h) of the
companion constitutional amendment as reviewed.)
Subchapter A-1. Bond Service Levy Inviolability
SECTION 3.001.
Chapter 1331, Government Code, is amended by adding Section 1331.0005 to read as
follows:
Sec. 1331.0005. BOND SERVICE LEVY INVIOLABILITY.
Notwithstanding any other provision of this Act or of general law, the I&S
component of an entity's quarterly distribution — the entity's Bond Service Levy — shall not
be withheld, suspended, offset, delayed, or otherwise diminished for any reason, including but not
limited to a determination of Fiscal Distress, a late or deficient report, an enforcement action, or a
finding of noncompliance with any other requirement of this Act. This provision implements Article VIII,
Section 1-n(l), Section 1-s(i)(4), Section 1-s(k)(7), and Section 1-o of the Texas Constitution. This
section is also cited by, and governs in the same manner as, Sections 4.004 and 8.003 of the TPTRP Fund
System Act.
Subchapter A. Chapter 1331 — Municipal Bond Authority
SECTION 3.01.
Section 1331.001, Government Code, is amended to read as follows:
Sec. 1331.001. AUTHORITY OF MUNICIPALITY TO ISSUE BONDS.
(a) Before the Implementation Date as defined by Section 1.0052, Government Code, a
municipality may issue bonds payable from ad valorem taxes in the amount it considers expedient to: (1)
construct or purchase permanent improvements inside the municipal boundaries, including public
buildings, waterworks, or sewers; (2) construct or improve the streets and bridges of the municipality;
or (3) construct or purchase building sites or buildings for the public schools and other institutions
of learning inside the municipality, if the municipality has assumed exclusive control of those schools
and institutions.
(b) On and after the Implementation Date, a municipality may issue bonds payable
from the Bond Service Levy established by Article VIII, Section 1-o, Texas Constitution, for any purpose
listed in Subsection (a) or any other purpose authorized by law, subject to prior voter approval under
Section 1251.001, Government Code, as amended by this Act, and the CCR pre-certification requirement of
Section 151A.604, Tax Code. A municipality may not issue bonds payable from ad valorem taxes on or after
the Implementation Date.
SECTION 3.02.
Section 1331.052, Government Code, is amended by adding Subsection (c) to read as
follows:
Sec. 1331.052. AUTHORITY OF HOME-RULE MUNICIPALITY TO ISSUE BONDS.
(c) On and after the Implementation Date, bonds issued by a home-rule municipality
under this section may not be secured by a pledge of ad valorem taxes. All bonds issued on or after the
Implementation Date are secured by the municipality's Bond Service Levy under Article VIII, Section
1-o, Texas Constitution. A charter provision authorizing or requiring an ad valorem tax pledge for bonds
is superseded by this subsection on the Implementation Date. Pre-Abolition Bonds issued under a prior
charter ad valorem pledge remain governed by Article VIII, Section 1-o, Texas Constitution.
Subchapter B. Chapter 1251 — Bond Elections: Conforming Amendments
SECTION 3.03.
Section 1251.001, Government Code, is amended to read as follows:
Sec. 1251.001. BOND ELECTION REQUIRED.
(a) Before the Implementation Date as defined by Section 1.0052, Government Code, a
county or municipality may not issue bonds that are to be paid from ad valorem taxes unless the issuance
is first approved by the qualified voters of the county or municipality in an election as provided by
this chapter.
(b) On and after the Implementation Date, a county or municipality may not issue
bonds of any kind — payable from any source — unless the issuance is first approved by a majority of the
qualified voters of the county or municipality in an election held on a uniform election date as
provided by Chapter 41, Election Code, and this chapter. No emergency, disaster declaration, or
executive order may waive or suspend the voter approval requirement of this subsection.
(c) Any bond issuance by a county or municipality on or after the Implementation
Date that occurs without the voter approval required by Subsection (b) is void. Any citizen of the
issuing entity's jurisdiction may bring a civil action in a district court of competent
jurisdiction to void such an issuance. A prevailing citizen shall be awarded reasonable attorneys'
fees and costs from the entity.
SECTION 3.04.
Section 1251.004, Government Code, is amended to read as follows:
Sec. 1251.004. BOND SERVICE LEVY CERTIFICATION — SUBSTITUTION FOR TAX QUESTION.
(a) Before the Implementation Date, at an election ordered on the issuance of bonds
of a county or municipality, or of a political subdivision or defined district of a county or
municipality, the governing body shall also submit the question of whether to impose a tax on property
in the county, municipality, political subdivision, or defined district to pay interest on the bonds and
to provide a sinking fund to redeem the bonds.
(b) On and after the Implementation Date, at an election ordered on the issuance of
bonds of a county or municipality, or of a political subdivision or defined district of a county or
municipality, the governing body shall include in the election materials a Comptroller pre-certification
issued under Section 151A.604, Tax Code, confirming that the proposed bonds' required I&S Rate,
when added to the entity's current total rate, does not exceed the entity's Constitutional Cap
Rate. The question of imposing an ad valorem tax shall not appear on the ballot at a bond election held
on or after the Implementation Date.
SECTION 3.05.
Section 1251.052(a), Government Code, is amended to read as follows:
Sec. 1251.052. BALLOT PROPOSITION FORM.
(a) The ballot for a measure seeking voter approval of the issuance of debt
obligations by a political subdivision shall specifically state:
(1) a general description of the purposes for which the debt obligations are to be
authorized;
(2) the total principal amount of the debt obligations to be authorized; and
(3) before the Implementation Date, that taxes sufficient to pay the principal of and
interest on the debt obligations will be imposed; and
(4) on and after the Implementation Date, that the principal and interest on the debt
obligations will be paid from the Bond Service Levy collected under Article VIII, Section 1-o, Texas
Constitution, and not from ad valorem property taxes, and that the Texas Comptroller of Public Accounts
has pre-certified that the required Interest and Sinking Rate for the proposed bonds does not cause the
entity's total rate to exceed its Constitutional Cap Rate.
Subchapter C. Chapter 1431 — Tax Notes: Conforming Amendment
SECTION 3.06.
Chapter 1431, Government Code, is amended by adding Section 1431.0025 to read as
follows:
Sec. 1431.0025. PROHIBITION ON AD VALOREM PLEDGE; POST-IMPLEMENTATION DATE.
On and after the Implementation Date as defined by Section 1.0052, Government Code, a
political subdivision may not issue tax notes or any other obligation under this chapter that is payable
from or secured by ad valorem taxes. Any obligation issued under this chapter on or after the
Implementation Date must be payable from revenues, the Bond Service Levy, or other non-ad-valorem
sources, and must receive prior voter approval as required by Section 1251.001(b), Government Code, as
amended by this Act, unless the obligation is payable solely from operating revenues with no contingent
tax claim.
Subchapter D. Chapter 1471 — County Road Bonds: Conforming Amendment
SECTION 3.07.
Section 1471.011, Government Code, is amended by adding Subsection (c-1) to read as
follows:
Sec. 1471.011. AUTHORITY TO ISSUE ROAD BONDS — POST-IMPLEMENTATION.
(c-1) On and after the Implementation Date as defined by Section 1.0052, Government
Code, a political subdivision may not impose ad valorem taxes to pay interest on bonds issued under this
chapter or to provide a sinking fund for the redemption of such bonds. Subsection (c) is operative only
before the Implementation Date. On and after the Implementation Date, bond debt service on road bonds is
payable exclusively from the Bond Service Levy certified under Section 151A.604, Tax Code, and road
bonds must receive prior voter approval consistent with Section 1251.001(b), Government Code, as amended
by this Act.
Subchapter E. Chapter 1201 — Public Security Procedures Act: AG Approval Conforming
SECTION 3.08.
Chapter 1201, Government Code, is amended by adding Section 1201.0055 to read as
follows:
Sec. 1201.0055. BOND SERVICE LEVY — RECOGNIZED VALID PLEDGE.
(a) For purposes of all statutes governing the issuance and approval of public
securities, including the Attorney General approval process under Chapter 1202, the Bond Service Levy
established by Article VIII, Section 1-o, Texas Constitution, and Section 321.601, Tax Code, constitutes
a legally sufficient pledge for any public security issued by a taxing entity on or after the
Implementation Date as defined by Section 1.0052, Government Code.
(b) The Attorney General shall approve any public security issued on or after the
Implementation Date that is pledged to the Bond Service Levy and that otherwise complies with applicable
law, provided the Comptroller has issued a current CCR pre-certification for the issuing entity
consistent with Section 151A.604, Tax Code.
Subchapter F. Local Government Code — City Certificates of Obligation: Conforming
SECTION 3.09.
Section 271.041, Local Government Code, is amended by adding Subsection (d) to read
as follows:
Sec. 271.041. CITY CERTIFICATES OF OBLIGATION — VOTER APPROVAL REQUIRED POST-IMPLEMENTATION.
(d) On and after the Implementation Date as defined by Section 1.0052, Government
Code, no certificate of obligation may be issued under this subchapter without prior voter approval as
required by Section 1251.001(b), Government Code, as amended by this Act, regardless of whether a
sufficient petition of registered voters has been filed. No certificate of obligation issued on or after
the Implementation Date may be secured by a pledge of ad valorem taxes; all certificates of obligation
issued on or after the Implementation Date are secured by the Bond Service Levy or by non-ad-valorem
revenues as provided by this chapter and Article VIII, Section 1-o, Texas Constitution.
ARTICLE 4. GOVERNMENT CODE — I&S RESERVE FUND AND BACKSTOP CASCADE
Subchapter A. I&S Reserve Fund
Sec. 404.0053. I&S RESERVE FUND — ESTABLISHMENT AND OPERATING RULES.
(a) Each taxing entity subject to Article VIII, Section 1-o, Texas Constitution —
including the State of Texas, each county, each municipality, each school district, and each special
district — must establish and maintain a single Interest and Sinking Reserve Fund at a balance of not
less than one times and not more than two times the entity's Certified Annual Bond Debt Service.
This fund serves simultaneously as (1) the operating account from which the entity makes its scheduled
bond debt service payments and (2) the entity's first-line emergency reserve for bond debt service
shortfalls, accessed as Tier A of the cascade under Section 404.0056. No taxing entity is required to
establish, fund, or maintain any separate or additional bond reserve fund.
(b) The I&S Reserve Fund is funded from the entity's Bond Service Levy
collections as the first priority use of each period's collections, prior to any M&O
expenditure or other distribution.
(c) Each entity shall apply I&S Reserve Fund collections to satisfy its
scheduled bond debt service when due.
(d) When an entity's I&S Reserve Fund balance exceeds two times its
Certified Annual Bond Debt Service, the Comptroller shall automatically reduce the entity's I&S
Rate in the following fiscal year by the amount necessary to prevent accumulation above the two-times
maximum.
(e) The I&S Reserve Fund is a legally segregated, purpose-restricted fund. No
amount may be transferred from it to the general fund, M&O budget, or any other purpose, except for
payment of bond principal and interest or contribution to the cascade under Section 404.0056.
Sec. 404.00535. TWO-CONSECUTIVE-PERIOD OVER-COLLECTION STEP-DOWN.
If an entity's I&S collections exceed the sum of that entity's
certified annual bond debt service plus the I&S Reserve Fund target balance for two consecutive
fiscal periods, the entity's I&S rate shall step down for the following fiscal period by an
amount sufficient to bring projected next-period I&S collections into alignment with certified
annual bond debt service plus the I&S Reserve Fund target. The Comptroller shall certify the
required step-down amount and publish it via the Section 1-n(l) Disclosure Feed module of the Texas
Sales and Use Tax Portal established under Section 490.073, Government Code. This section implements
Article VIII, Section 1-n(h)(5-A), of the Texas Constitution.
Sec. 404.00537. FINAL-BOND-RETIREMENT MECHANICS.
(a) On the retirement of a taxing entity's final outstanding bond, so that the
entity has no scheduled bond debt service for any subsequent fiscal period, the following automatically
occur, without any action by the entity's governing body:
(1) The entity's Interest and Sinking sub-rate under the TPTRP Sales and Use Tax
Act automatically decreases to zero effective the first day of the next fiscal period, as provided by
Section 151A.605(g), Tax Code.
(2) The entity's bond registry maintained under this chapter is annotated to
reflect the retirement of the final outstanding bond and the entity's transition to zero-bond-debt
status.
(3) The entity's chief financial officer shall certify to the comptroller, not
later than the 60th day after the close of the fiscal period in which the final bond is retired, the
residual balance of the entity's I&S Reserve Fund on the close of that fiscal period.
(4) The comptroller shall transfer the certified residual I&S Reserve Fund
balance to the entity's Infrastructure Fund established by the TPTRP Fund System Act, effective the
first day of the next fiscal period following the certification, as provided by Section 14.003 of that
Act.
(5) On completion of the transfer required by Subdivision (4), the entity's I&S
Reserve Fund is closed for reporting purposes but is not dissolved; the fund structure remains available
for re-activation on issuance of a new bond under Subsection (b) of this section.
(b) If the entity subsequently issues a new bond following retirement of its final
outstanding bond:
(1) The entity may re-establish an Interest and Sinking sub-rate under the TPTRP
Sales and Use Tax Act only through the pre-certification process of Section 151A.606, Tax Code (New Bond
Issuance; I&S Rate Pre-Certification), including the voter approval required by Section 151A.313,
Tax Code, for new bond debt.
(2) The entity's I&S Reserve Fund is re-activated as part of the new bond's
issuance conditions, capitalized as required by this chapter, and administered under this chapter going
forward.
(3) The entity's Infrastructure Fund is not required to return any residual
balance previously transferred under Subsection (a)(4) of this section, except to the extent required by
this chapter as part of the new bond's issuance conditions.
(c) This section implements Article VIII, Sections 1-o and 1-s(m), of the Texas
Constitution, and coordinates with Section 151A.605(g), Tax Code, and Section 14.003 of the TPTRP Fund
System Act.
Subchapter B. Stabilization Fund — Entity-Level Reserve
Sec. 404.0054. STABILIZATION FUND — CROSS-REFERENCE; AVAILABILITY FOR BOND BACKSTOP.
(a) Each taxing entity's general entity-level reserve is the Stabilization Fund
established under the TPTRP Fund System Act, Article VIII, Section 1-s and Section 1-o(f), Texas
Constitution. This Act does not establish, and no taxing entity may establish, any separate or
additional entity-level economic stabilization fund or rainy day fund; the sole entity-level general
reserve is the Stabilization Fund established under the TPTRP Fund System Act.
(b) The Stabilization Fund of a county is available as Tier B in the backstop
cascade under Section 404.0056 for shortfalls of any special district, ISD, or municipality within the
county, subject to the balance floors and draw conditions established by the TPTRP Fund System Act.
(c) The Stabilization Fund of a municipality, school district, or special district
is available as Tier B in the cascade under Section 404.0056, subject to the balance floors and draw
conditions established by the TPTRP Fund System Act.
[EDIT NOTE: Former Sec. 404.0055 (entity-level Rainy Day Fund) is deleted in Stage 1
conformity edits. Any minimum-balance and floor mechanics for the Stabilization Fund are governed
exclusively by the TPTRP Fund System Act and are not restated here to avoid conflicting floors.]
Subchapter C. Backstop Cascade — Tiered Draw Procedures
Sec. 404.0056. BACKSTOP CASCADE — TIERED DRAW PROCEDURE.
(a) When a taxing entity's Bond Service Levy collections in any fiscal period
are insufficient, after application of all I&S Reserve Fund collections, to satisfy its scheduled
bond debt service, the following cascade applies in the order listed. No tier may be accessed until the
prior tier is exhausted to its floor:
(1) Tier A — Entity I&S Reserve Fund. Draw first from the entity's own I&S
Reserve Fund. Draws for a bond debt service shortfall may not reduce the I&S Reserve Fund below 50
percent of its required one-times (1x) minimum balance under Section 404.0053(a). Upon reaching that
floor, escalate to Tier B.
(2) Tier B — Entity or Next-Tier Stabilization Fund. Draw from the entity's own
Stabilization Fund established under the TPTRP Fund System Act, to the floor established by that Act. If
the entity is a special district, ISD, or municipality and its own Stabilization Fund has been drawn to
its floor, the county's Stabilization Fund is next available. If the entity is a county, the State
Economic Stabilization Fund is next available upon exhaustion of the county's own Stabilization
Fund to its floor.
(3) Tier C — State Economic Stabilization Fund. If Tier B resources are insufficient,
the State Economic Stabilization Fund shall provide the remaining amount. A draw under this tier is
mandatory and self-executing; no appropriation act is required.
(b) No entity's I&S Reserve Fund, other than the originating entity's
own, is available in this cascade.
(c) When the Comptroller determines that a governing body has failed to initiate the
cascade timely and a bond payment is at risk, the Comptroller may initiate draws from the applicable
cascade tier directly.
(d) The backstop cascade established by this section governs only ordinary,
non-disaster bond debt service shortfalls. It is independent of, and operates without regard to, the
general-purpose disaster and fiscal distress response framework established by the TPTRP Funds Act. A
disaster declaration under the TPTRP Funds Act does not alter, suspend, or accelerate the tiered draw
sequence of this section. Standalone disaster and emergency coverage for bond debt service is separately
established by Article 18 of this Act.
Subchapter D. Reporting and Transparency
Sec. 404.0057. COMPTROLLER — BOND DEBT SERVICE REPORTING.
(a) The Comptroller shall publish on the Local Government Transparency module of the
Texas Sales and Use Tax Portal established under Section 490.073, Government Code, updated quarterly:
(1) for each taxing entity: Certified Annual Bond Debt Service, I&S Rate, I&S Reserve Fund
balance, and Stabilization Fund balance (as reported under the TPTRP Fund System Act); (2) the statewide
aggregate of all entity-level bond debt service obligations by tier; and (3) any cascade draw that has
occurred under Section 404.0056 in the preceding quarter, identifying the entity, tier drawn, and
amount.
(b) The Comptroller shall submit to the Legislature an annual Bond Management Status
Report not later than December 1 of each year.
ARTICLE 5. TAX CODE — BOND SERVICE LEVY; COMPTROLLER COLLECTION AND DISTRIBUTION
Subchapter A. Chapter 321 — New Subchapter G: Bond Service Levy
Sec. 5.01. TAX CODE BOND REGISTRY — CROSS-REFERENCE TO CHAPTER 151-A.
(a) The bond registry and bond service levy framework formerly contemplated by this
section is now codified at Section 151A.615 of the TPTRP Sales and Use Tax Act.
(b) A reference in this Act to the "Chapter 321 bond registry" or "Subchapter G bond
registry" is, on and after the Implementation Date, a reference to Section 151A.615, Tax Code.
(c) The operational mechanics of bond issuance, refunding, credit enhancement, and
reserve fund administration remain governed by this Act.
Subchapter B. Chapter 321 — 2% Local Cap: Conforming Amendment
Sec. 5.02. LOCAL RATE CAP — CONFORMING CROSS-REFERENCE.
(a) On and after the Implementation Date, the former two-percent local cap in
Section 321.101, Tax Code, does not govern the tax imposed by Chapter 151-A, Tax Code.
(b) The applicable tier ceilings, Combined Constitutional Rate, Bond Service Levy,
and related rate-certification requirements are governed by Article VIII, Sections 1-m, 1-n, and 1-o,
Texas Constitution, and by Chapter 151-A, Tax Code.
Subchapter C. Section 151.051 — State Sales Tax Rate Conforming Amendment
Sec. 5.03. TIER 1 RATE — CROSS-REFERENCE TO CHAPTER 151-A.
(a) The Tier 1 rate rule formerly contemplated by this section is codified at
Section 151A.616, Tax Code, in the TPTRP Sales and Use Tax Act.
(b) On and after the Implementation Date, a reference in this Act to former Section
151.051(b-1), Tax Code, is a reference to Section 151A.616, Tax Code.
ARTICLE 6. FINANCE CODE / COMPTROLLER — CITIZENS FIRST BOND MODULE AND STAGE 4 VERIFICATION
SECTION 6.01.
Subtitle B, Title 3, Finance Code, is amended by adding Chapter 160 to read as
follows:
CHAPTER 160. CITIZENS FIRST BOND SALE — PORTAL MODULE AND ADMINISTRATION
Sec. 160.001. DEFINITIONS.
In this chapter:
(1) "Citizens First Period" means the 30-day offering period for each stage of the
Citizens First cascade.
(2) "Issuing Entity" means any taxing entity subject to Article VIII, Section 1-o,
Texas Constitution, that has received voter approval to issue bonds.
(3) "Citizen-Resident" means an adult natural person who is a permanent resident of
the geographic jurisdiction of an issuing entity and who is not acting as a nominee, agent, or front for
a non-qualifying entity.
(4) "Texas-Domiciled Entity" has the meaning assigned by Section 160.051.
Sec. 160.011. CITIZENS FIRST BOND MODULE — ESTABLISHMENT AND OPERATION.
(a) The Comptroller shall establish and maintain the Citizens First Bond module of
the Texas Sales and Use Tax Portal established under Section 490.073, Government Code, through which
citizen-residents may subscribe to purchase bonds in Stages 1, 2, and 3 of any Citizens First offering
subject to Article VIII, Section 1-o(d), Texas Constitution.
(b) The module must: (1) accept electronic subscriptions and paper subscriptions by
mail; (2) require no brokerage account or minimum balance; (3) allow purchases in denominations of \$100
or more; (4) allow citizens to direct proceeds to a Texas Family Fund Account; and (5) provide real-time
subscription status information.
Sec. 160.012. OFFERING SEQUENCE — FIVE-STAGE CASCADE.
(a) The Comptroller shall administer the five-stage offering sequence for each bond
issuance subject to Article VIII, Section 1-o(d), Texas Constitution:
(1) Stage 1 — Entity Citizens (30 days): reserved for citizen-residents of the
issuing entity's jurisdiction; (2) Stage 2 — Next-Tier Citizens (30 days): available to
citizen-residents of the next-higher jurisdictional tier; (3) Stage 3 — Statewide Citizens (30 days):
available to all Texas resident adults; (4) Stage 4 — Texas-Domiciled Entities (30 days): available to
entities qualifying under Section 160.051; and (5) Stage 5 — General Institutional Market: released to
the entity's underwriter or placement agent of record.
(b) No stage may be bypassed. The Comptroller shall enforce this sequence for every
qualifying offering.
Sec. 160.013. ENFORCEMENT — VOID PLACEMENT.
(a) A bond placement with a Stage 5 participant that occurs before completion of
Stages 1 through 4 is voidable. Any citizen-resident may bring a civil action in a district court of
competent jurisdiction to void a noncompliant placement.
(b) A prevailing citizen shall be awarded reasonable attorneys' fees and costs.
An issuing entity is subject to a civil penalty of not more than \$10,000 per bond placement in
violation. All penalties collected shall be deposited to the Transition Fund.
Sec. 160.051. TEXAS-DOMICILED ENTITY — DEFINITION AND STAGE 4 VERIFICATION.
(a) A "Texas-domiciled entity" for Stage 4 purposes means a corporation, limited
liability company, partnership, trust, or other legally formed entity that satisfies BOTH: (1) organized
under the laws of the State of Texas or registered to do business in Texas with the Secretary of State;
AND (2) its primary executive offices and primary decision-making location are physically in Texas.
(b) An entity with only a registered agent in Texas, without primary executive
offices physically in Texas, does not qualify.
(c) The Comptroller's Stage 4 verification process shall: (1) cross-reference
the Texas Secretary of State's entity registration database; (2) require the purchasing entity's
authorized officer to execute a sworn certification of principal Texas place of business; and (3) flag
for further review any entity whose registered agent address and certified principal place of business
address are the same.
(d) A person who executes a false certification under Subsection (c)(2) is subject
to a civil penalty of not more than \$50,000 per false certification and is liable to the State for
damages equal to three times the face value of bonds purchased in reliance on the false certification.
ARTICLE 7. GOVERNMENT CODE — STATE ESF BACKSTOP DRAW PROCEDURE
(No changes in v5.0. No reference to the former Bond Reserve Fund.)
SECTION 7.01.
Chapter 316, Government Code, is amended by adding Section 316.0935 to read as
follows:
Sec. 316.0935. ECONOMIC STABILIZATION FUND — BOND BACKSTOP DRAW; MANDATORY PROCEDURE.
(a) A draw from the State Economic Stabilization Fund for bond debt service under
the Tier C backstop cascade of Article VIII, Section 1-o(f), Texas Constitution, and Section
404.0056(a)(3), Government Code, is mandatory and self-executing. No appropriation act is required.
(b) When the Comptroller determines Tier C backstop funds are required, the
Comptroller shall initiate the draw from the ESF and direct payment to the applicable bondholders or
trustee not later than two business days before the scheduled bond payment date.
(c) The Comptroller shall provide written notice to the Legislative Budget Board and
the Governor of any Tier C draw within 24 hours.
(d) The Legislature may not appropriate or encumber ESF funds for any purpose that
would reduce the Fund's balance below the amount required to meet the next 12 months of projected
statewide bond debt service as certified by the Comptroller annually not later than December 1.
(e) This section is a bond-debt-service-specific subsection of Chapter 316. It
operates alongside, and does not supersede or conflict with, the general Economic Stabilization Fund
conforming standards enacted by the TPTRP Funds Act amending this chapter to align Economic
Stabilization Fund balance floors, replenishment standards, and general appropriation limits with the
TPTRP Stabilization Fund framework. Where this section and the TPTRP Funds Act's Economic
Stabilization Fund conforming standards both apply to a single Economic Stabilization Fund transaction,
the floor that results in a higher minimum Economic Stabilization Fund balance being preserved controls.
The Comptroller shall administer this reconciliation rule without discretion to depart from the
higher-floor outcome, and shall report annually to the Legislature identifying any instance in which the
two sets of standards produced different floors and confirming which floor was applied.
ARTICLE 8. WATER CODE AND SPECIAL DISTRICT LAWS — AD VALOREM AUTHORITY REMOVAL
(No changes in v5.0. No reference to the former Bond Reserve Fund.)
Subchapter A. Water Code Chapter 49 — All-Districts General Law
SECTION 8.01.
Section 49.108, Water Code, is amended by adding Subsections (i) and (j) to read as
follows:
Sec. 49.108. CONTRACT ELECTIONS.
(i) On and after the Implementation Date as defined by Section 1.0052, Government
Code, a district may not levy, assess, or collect an ad valorem tax under this section or under any
contract approved under this section. A contract election held under this section on or after the
Implementation Date may not authorize an ad valorem tax pledge. A contract approved before the
Implementation Date and containing an ad valorem tax pledge is treated as a Pre-Abolition Bond
obligation, and the ad valorem pledge is substituted by the Bond Service Levy certified for the district
under Section 151A.604, Tax Code, preserving all bondholder and contract counterparty rights.
(j) Each district that has an outstanding contract obligation under this section as
of the Implementation Date shall register the contract obligation with the Comptroller under Section
321.601, Tax Code, not later than 90 days after the Implementation Date.
Subchapter B. Water Code Chapter 54 — MUD Conforming Amendment
SECTION 8.02.
Chapter 54, Water Code, is amended by adding Section 54.5015 to read as follows:
Sec. 54.5015. AD VALOREM BOND TAX AUTHORITY — PROHIBITION POST-IMPLEMENTATION.
(a) On and after the Implementation Date, a municipal utility district may not levy,
assess, or collect an ad valorem tax for payment of bond principal and interest. This section controls
over any provision of this chapter, any special district local law, or any district order or resolution
that purports to authorize an ad valorem bond tax on or after the Implementation Date.
(b) Bond elections held by a municipal utility district on or after the
Implementation Date are subject to the universal voter approval requirement of Section 1251.001(b),
Government Code, and to the Citizens First Bond Sale Requirement of Article VIII, Section 1-o(d), Texas
Constitution, and Article 6 of this Act.
Subchapter C. Voter-Approved Special District Absorption Mechanics
SECTION 8.03.
Subtitle A, Title 12, Local Government Code, is amended by adding Chapter 400 to read
as follows:
CHAPTER 400. SPECIAL DISTRICT ABSORPTION — VOTER-APPROVED PROCEDURES
Sec. 400.001. PURPOSE.
This chapter establishes procedures by which a special district classified in Tier 5
under Article VIII, Section 1-n, Texas Constitution, may be absorbed into a host-tier entity through a
voter-approved process consistent with Article VIII, Section 1-o(g), Texas Constitution.
Sec. 400.002. CCR PRE-CERTIFICATION REQUIRED.
Before any absorption election may be called, the Comptroller must certify in writing
that the combined total rate of the proposed host entity — including its current M&O rate, its
current I&S rate, and the I&S rate that would be added to service the special district's
assumed bonds — does not exceed the CCR for the host entity's tier.
Sec. 400.003. DUAL ELECTION REQUIREMENT.
(a) An absorption requires affirmative vote of a majority of qualified voters in
both: (1) the proposed host entity's jurisdiction; and (2) the special district's
jurisdiction.
(b) Both elections must be held on the same uniform election date. Both must pass.
The failure of either election defeats the absorption. No partial absorption is permitted.
(c) A governing body may not call an absorption election more than once in any
24-month period for the same proposed absorption.
Sec. 400.004. BOND ASSUMPTION.
(a) Upon voter-approved absorption, all outstanding bonds of the absorbed district
are assumed by the host entity.
(b) The Comptroller shall add the absorbed district's Certified Annual Bond
Debt Service to the host entity's I&S Rate calculation not later than 30 days after the
effective date of absorption.
(c) No assumption under this section impairs the obligation of any bond of the
absorbed district. Bondholders have the same guarantee rights under Article VIII, Section 1-o, Texas
Constitution, and the same access to the cascade under Section 404.0056, Government Code.
ARTICLE 9. TRANSITION BOARD COORDINATION — BOND SERVICE GUARANTEE DURING TRANSITION
SECTION 9.01.
This Act is to be read in conjunction with the TPTRP Transition Board, Transition
Fund, and Transition Plan Act, which establishes the TPTRP Transition Board and the TPTRP Transition
Fund under Chapter 490, Government Code.
SECTION 9.02.
Government Code Chapter 490 is amended by adding Section 490.0185 to read as
follows:
Sec. 490.0185. BOND SERVICE GUARANTEE DURING TRANSITION.
(a) During the transition period, the Board is responsible for confirming that each
taxing entity's certified Bond Service Levy and I&S Rate, as determined under Section 151A.604,
Tax Code, properly and fully cover the entity's Certified Annual Bond Debt Service, and for
coordinating with the Comptroller and the Texas Bond Review Board to correct any rate insufficiency
identified during the transition period before it results in a missed bond payment.
(b) The Board shall monitor each eligible entity's compliance with the single I&S
Reserve Fund requirement established by Article 4 of the TPTRP Bond Management Implementing Legislation,
and shall coordinate bridge assistance from the Transition Fund where an eligible entity's bond
debt service is at risk due to a transition-related revenue shortfall, consistent with Section 490.032,
Government Code, established by the TPTRP Transition Board Act.
(c) Nothing in this section, or in this chapter, replaces, narrows, diminishes, or
substitutes for the state guarantee, the backstop cascade established by Article 4 of the TPTRP Bond
Management Implementing Legislation, or the standalone disaster and emergency bond service coverage
established by Article 18 of that Act. The Board's role with respect to bond service under this
section is coordinative and monitoring in nature; the underlying guarantee and cascade obligations of
the TPTRP Bond Management Implementing Legislation remain fully in force independent of Board action
under this section.
(d) The Board shall guarantee that bonds of every taxing entity are properly
serviced throughout the transition period by ensuring, through the monitoring and coordination described
in Subsections (a) and (b), that each entity's certified rate is set and adjusted as necessary so
that revenue collected is sufficient to cover required bond debt service in full and on schedule.
ARTICLE 10. CHARTER SCHOOL BOND FRAMEWORK
(No changes in v5.0. No reference to the former Bond Reserve Fund.)
SECTION 10.01.
Chapter 12, Education Code, is amended by adding Subchapter I to read as follows:
Sec. 12.1601. APPLICABILITY.
(a) An open-enrollment charter school holder that has issued or holds bonds
guaranteed by the Permanent School Fund under Chapter 45, Subchapter C, Education Code, and Article VII,
Section 5, Texas Constitution, is subject to Sections 12.1602 through 12.1604 of this subchapter with
respect to those bonds, effective on the Implementation Date.
(b) This determination is made directly by the Legislature in this subsection based
on the following findings: (1) an open-enrollment charter school holder that issues PSF-guaranteed bonds
does so through a public bond issuance mechanism functionally equivalent to a school district's
bond issuance under Chapter 45, Subchapter A; (2) the PSF guarantee mechanism of Article VII, Section 5,
Texas Constitution, applies identically regardless of whether the guaranteed bond is issued by a
traditional independent school district or by an open-enrollment charter school holder; and (3) treating
PSF-guaranteed charter school bonds identically to PSF-guaranteed ISD bonds for purposes of the Bond
Service Levy co-guarantee mechanism in Section 12.1602 is necessary to ensure uniform bondholder
protection across all PSF-guaranteed instruments statewide.
(c) Not later than 90 days after the Implementation Date, the Comptroller shall
request a confirmatory opinion from the Attorney General on the scope of Subsection (b)'s findings
as applied to any charter school bond structure not squarely addressed by this section. Sections 12.1602
through 12.1604 remain fully operative pending, and regardless of, the Attorney General's response
under this subsection.
(d) If a court of final jurisdiction or a subsequent Attorney General opinion
determines that an open-enrollment charter school holder is not, for a particular bond or category of
bonds, subject to Sections 12.1602 through 12.1604 as applied by Subsection (b), that determination
operates prospectively only. It does not divest any bondholder of rights that accrued, and does not undo
any co-guarantee draw that occurred, before the date of the determination. The Comptroller shall
promptly report any such determination to the Legislature together with a recommendation for any
statutory correction needed to maintain uniform bondholder protection going forward.
Sec. 12.1602. PSF GUARANTEE — PRIMARY; STATE CO-GUARANTEE — SIMULTANEOUS.
For bonds guaranteed by the Permanent School Fund under Article VII, Section 5, Texas
Constitution:
(1) The PSF guarantee is the primary payment mechanism. The State simultaneously
co-guarantees payment through the Bond Service Levy and the State ESF. The co-guarantee is automatic and
self-executing upon any PSF guarantee draw.
(2) A charter school bondholder shall be made whole on the same timeline as all other
guaranteed bond obligations.
Sec. 12.1603. COMPTROLLER REGISTRY — CHARTER SCHOOL BONDS.
The Comptroller shall include all PSF-guaranteed charter school bonds in the
statewide bond registry under Section 321.601, Tax Code.
Sec. 12.1604. PSF SUBROGATION RIGHTS PRESERVED.
The PSF's subrogation rights against a charter school upon a guarantee draw are
preserved.
ARTICLE 11. SAVING CLAUSE, TRANSITION, AND CONTINGENCY
SECTION 11.01. SAVING CLAUSE — PRE-ABOLITION BONDS.
This Act does not impair the obligation of any Pre-Abolition Bond. The substitution
of the Bond Service Levy for the ad valorem Interest and Sinking levy is a revenue substitution, not a
diminishment of any bond obligation.
SECTION 11.02. SAVING CLAUSE — RECAPTURE OBLIGATIONS.
No school district is relieved of any recapture obligation that accrued and became
due before the Implementation Date. Prior accrued amounts shall be reconciled by the Comptroller within
90 days of the Implementation Date.
SECTION 11.03. SAVING CLAUSE — PENDING BOND ELECTIONS.
A bond election duly called and pending as of the Implementation Date is not
invalidated by this Act.
SECTION 11.04. TRANSITION — COMPTROLLER RULES AND SYSTEMS.
The Comptroller shall adopt the rules, certification procedures, portal
infrastructure, and reporting systems required by this Act not later than six months after this Act's
effective date.
SECTION 11.05. TRANSITION — I&S RESERVE FUND PHASE-IN.
Each entity required to establish the single I&S Reserve Fund under Section
404.0053, Government Code, must achieve the required one-times (1x) minimum balance within three years
of the Implementation Date. Coordination with the Transition Board regarding entities at risk of missing
this phase-in deadline is governed by Article 9 of this Act.
SECTION 11.06. CONTINGENCY — VOTER RATIFICATION REQUIRED.
This Act takes effect only if the constitutional amendment proposed by the companion
House Joint Resolution, 90th Legislature, Regular Session, 2027, is approved by the voters at an
election. If that amendment is not approved, this Act has no effect.
ARTICLE 12. EFFECTIVE DATE
SECTION 12.01. EFFECTIVE DATE.
Except as provided by Sections 11.04 and 11.06, and subject to the contingency in
Section 11.06, this Act takes effect September 1, 2027.
ARTICLE 13. COUNTY BUILDING BONDS AND HOSPITAL DISTRICT BOND AUTHORITY CONFORMING
(No changes in v5.0. No reference to the former Bond Reserve Fund as a distinct fund,
except Section 13.13, corrected below.)
Subchapter A. Chapter 1472 — Causeway Refunding Bonds
SECTION 13.01.
Section 1472.002, Government Code, is amended by adding Subsection (a-1) to read as
follows:
Sec. 1472.002. AUTHORITY TO ISSUE REFUNDING BONDS — POST-IMPLEMENTATION SOURCE SUBSTITUTION.
(a-1) On and after the Implementation Date as defined by Section 1.0052, Government
Code, a county may not impose ad valorem taxes to pay the interest on or provide a sinking fund for the
redemption of bonds issued under this chapter. On and after the Implementation Date, all bond debt
service on bonds issued under this chapter is payable exclusively from the Bond Service Levy certified
for the issuing county under Section 151A.604, Tax Code, in accordance with Article VIII, Section 1-o,
Texas Constitution. Any bonds issued under this chapter on or after the Implementation Date are subject
to the universal voter approval requirement of Section 1251.001(b), Government Code, and the CCR
pre-certification requirement of Section 151A.604, Tax Code.
SECTION 13.02.
Section 1472.007, Government Code, is amended to read as follows:
Sec. 1472.007. BOND SERVICE — CONTINUED OBLIGATION; SOURCE SUBSTITUTION.
(a) Before the Implementation Date, a county issuing bonds under this chapter shall
continue to impose ad valorem taxes to pay the interest on those bonds and to provide a sinking fund for
the redemption of those bonds even if the facilities constructed with the proceeds of the bonds being
refunded become a part of the state highway system.
(b) On and after the Implementation Date, the county's obligation to pay the
interest on and provide a sinking fund for the redemption of bonds under this chapter continues without
interruption; however, that obligation is satisfied exclusively through the Bond Service Levy certified
for the county under Section 151A.604, Tax Code. The county may not impose ad valorem taxes for bond
debt service on or after the Implementation Date regardless of whether the causeway facility has become
part of the state highway system.
Subchapter B. Chapter 1473 — County Buildings: Ad Valorem Pledge Sections
SECTION 13.03.
Section 1473.022, Government Code, is amended by adding Subsection (a-1) to read as
follows:
Sec. 1473.022. AUDITORIUMS, COLISEUMS, EXHIBIT BUILDINGS — POST-IMPLEMENTATION.
(a-1) On and after the Implementation Date as defined by Section 1.0052, Government
Code, a county may not impose a tax for the payment of bonds issued under this subchapter. Bonds issued
on or after the Implementation Date for purposes under Section 1473.021 must be payable from the Bond
Service Levy under Article VIII, Section 1-o, Texas Constitution, subject to prior voter approval under
Section 1251.001(b), Government Code, and the CCR pre-certification requirement of Section 151A.604, Tax
Code.
SECTION 13.04.
Section 1473.101, Government Code, is amended by adding Subsection (d) to read as
follows:
Sec. 1473.101. JAILS, COURTHOUSES, AND BRANCH OFFICES — POST-IMPLEMENTATION.
(d) On and after the Implementation Date as defined by Section 1.0052, Government
Code:
(1) A county may not impose a tax under Section 9, Article VIII, Texas Constitution,
or any other ad valorem tax provision, to pay for bonds issued under this section. The constitutional
provision authorizing the tax is superseded on the Implementation Date by the ad valorem prohibition of
Article VIII, Section 1-e, Texas Constitution, as amended.
(2) Bonds issued under this section on or after the Implementation Date must be
payable from the Bond Service Levy under Article VIII, Section 1-o, Texas Constitution, subject to prior
voter approval under Section 1251.001(b), Government Code, and CCR pre-certification under Section
151A.604, Tax Code.
(3) All outstanding Pre-Abolition Bonds issued under this section before the
Implementation Date with a pledge of ad valorem taxes remain governed by Article VIII, Section 1-o,
Texas Constitution, which substitutes the Bond Service Levy as the pledged revenue source while
preserving all bondholder rights.
SECTION 13.05.
Section 271.062, Local Government Code, is amended by adding Subsection (d) to read
as follows:
Sec. 271.062. COUNTY CERTIFICATES OF OBLIGATION — VOTER APPROVAL REQUIRED POST-IMPLEMENTATION.
(d) On and after the Implementation Date as defined by Section 1.0052, Government
Code, no certificate of obligation may be issued by a county under this subchapter without prior voter
approval as required by Section 1251.001(b), Government Code, as amended by this Act, regardless of
whether a sufficient petition of registered voters has been filed. The existing petition-triggered
election mechanism of Section 271.065 does not satisfy the universal voter approval requirement of
Section 1251.001(b). No certificate of obligation issued by a county on or after the Implementation Date
may be secured by a pledge of ad valorem taxes; all county certificates of obligation issued on or after
the Implementation Date are secured by the Bond Service Levy or by non-ad-valorem revenues as provided
by this chapter and Article VIII, Section 1-o, Texas Constitution.
SECTION 13.06.
Section 1473.136(b), Government Code, is amended to read as follows:
Sec. 1473.136(b). PARKING FACILITIES — AD VALOREM OPTION REMOVED
POST-IMPLEMENTATION.
(b) Before the Implementation Date as defined by Section 1.0052, Government Code,
the commissioners court may also provide for the bonds to be payable from and secured by the imposition
of an ad valorem tax not to exceed two and one-half cents on each \$100 valuation of taxable property in
the county. On and after the Implementation Date, no ad valorem tax may be imposed for parking facility
bonds under this section. Bonds issued on or after the Implementation Date under this subchapter may be
payable from the Bond Service Levy under Article VIII, Section 1-o, Texas Constitution, subject to prior
voter approval, or from parking facility net revenues as provided by Subsection (a).
SECTION 13.07.
Section 1473.137, Government Code, is amended to read as follows:
Sec. 1473.137. PARKING BONDS — LEGEND UPDATED POST-IMPLEMENTATION.
(a) Before the Implementation Date, every bond issued under this subchapter must
include a statement that the holder is not entitled to demand payment of the obligation from money
raised by taxation.
(b) On and after the Implementation Date as defined by Section 1.0052, Government
Code, every bond issued under this subchapter must include the following provision: "The holder of this
obligation is not entitled to demand payment of this obligation from money raised by ad valorem
taxation. Payment is secured by the Bond Service Levy and/or parking facility revenues as provided by
law."
SECTION 13.08.
Section 1473.192, Government Code, is amended by adding Subsection (d) to read as
follows:
Sec. 1473.192. COUNTY WORKHOUSES AND FARMS — POST-IMPLEMENTATION.
(d) On and after the Implementation Date as defined by Section 1.0052, Government
Code, a county may not impose a tax to pay bonds issued under this section. Bonds issued under this
section on or after the Implementation Date must be payable from the Bond Service Levy under Article
VIII, Section 1-o, Texas Constitution, subject to prior voter approval under Section 1251.001(b),
Government Code, and CCR pre-certification under Section 151A.604, Tax Code.
SECTION 13.09.
Section 1473.233, Government Code, is amended by adding Subsection (a-1) to read as
follows:
Sec. 1473.233. CRIME DETECTION FACILITY CERTIFICATES OF INDEBTEDNESS — POST-IMPLEMENTATION.
(a-1) On and after the Implementation Date as defined by Section 1.0052, Government
Code:
(1) The commissioners court may not impose or pledge an ad valorem tax to pay
certificates of indebtedness under this section. All obligations issued under this section on or after
the Implementation Date must be payable from the Bond Service Levy under Article VIII, Section 1-o,
Texas Constitution.
(2) The pre-existing exemption from voter approval under this section does not apply
to obligations issued on or after the Implementation Date. All obligations issued on or after the
Implementation Date under this section require prior voter approval under Section 1251.001(b),
Government Code.
Subchapter C. Chapter 1474 — County Water Improvement Bonds
SECTION 13.10.
Section 1474.052, Government Code, is amended by adding Subsection (c) to read as
follows:
Sec. 1474.052. BOND ELECTION — POST-IMPLEMENTATION BALLOT.
(c) On and after the Implementation Date, the election ordered under this section
shall not include a question about imposing a tax on property in the county. The ballot proposition for
a bond election held on or after the Implementation Date shall be modified to state that principal and
interest on the bonds will be paid from the Bond Service Levy under Article VIII, Section 1-o, Texas
Constitution, and not from ad valorem taxes.
SECTION 13.11.
Section 1474.055, Government Code, is amended by adding Subsection (c) to read as
follows:
Sec. 1474.055. ORDER ISSUING BONDS — POST-IMPLEMENTATION SOURCE SUBSTITUTION.
(c) On and after the Implementation Date, the commissioners court may not annually
impose a tax under Subsection (b) to pay interest on bonds or provide a sinking fund. All bond debt
service obligations for bonds issued under this chapter are satisfied from the Bond Service Levy
certified for the county under Section 151A.604, Tax Code.
SECTION 13.12.
Section 1474.058, Government Code, is amended by adding Subsection (c) to read as
follows:
Sec. 1474.058. APPROVAL AND ISSUANCE OF NOTES — POST-IMPLEMENTATION.
(c) On and after the Implementation Date, the commissioners court may not provide
for an annual ad valorem tax levy to pay notes issued under this section. All note debt service
obligations for notes issued on or after the Implementation Date are satisfied from the Bond Service
Levy or other non-ad-valorem revenues as certified by the Comptroller.
SECTION 13.13.
Section 1474.106, Government Code, is amended by adding Subsection (c) to read as
follows:
Sec. 1474.106. IMPOSITION OF TAX; SEPARATE FUND — POST-IMPLEMENTATION.
(c) On and after the Implementation Date, a county may not impose the tax described
by Subsection (a) for bonds issued on or after the Implementation Date. The separate fund required by
Subsection (b) for pre-Implementation Date bonds is replaced by the entity's single I&S Reserve
Fund under Section 404.0053, Government Code.
Subchapter D. Chapter 281 — Hospital Districts (General Law)
SECTION 13.14.
Section 281.121, Health and Safety Code, is amended by adding Subsection (a-1) to
read as follows:
Sec. 281.121. IMPOSITION OF TAX FOR BONDS — POST-IMPLEMENTATION SOURCE SUBSTITUTION.
(a-1) On and after the Implementation Date as defined by Section 1.0052, Government
Code, the commissioners court may not impose an ad valorem tax for the district under this section for
bond debt service. All bond debt service for outstanding bonds of the district — including Pre-Abolition
Bonds assumed by the district under Section 281.044 — is satisfied exclusively from the Bond Service
Levy certified for the district under Section 151A.604, Tax Code, in accordance with Article VIII,
Section 1-o, Texas Constitution. The district remains the primary obligor on all outstanding bonds.
SECTION 13.15.
Section 281.1025, Health and Safety Code, is amended to read as follows:
Sec. 281.1025. BOND ELECTIONS — POST-IMPLEMENTATION BALLOT REQUIREMENTS.
(a) On and after the Implementation Date, a bond election held under this chapter
shall not include a question about imposing or continuing an ad valorem tax. The ballot proposition must
state the principal amount and purpose of the bonds, that principal and interest will be paid from the
Bond Service Levy under Article VIII, Section 1-o, Texas Constitution, and not from ad valorem taxes,
and that the Comptroller has issued a current CCR pre-certification.
(b) No bond election may be called, and no bonds may be issued, under this chapter
on or after the Implementation Date without a current CCR pre-certification from the Comptroller under
Section 151A.604, Tax Code.
SECTION 13.16.
Section 281.107, Health and Safety Code, is amended by adding Subsection (c) to read
as follows:
Sec. 281.107. COMBINATION TAX AND REVENUE BONDS — POST-IMPLEMENTATION.
(c) On and after the Implementation Date, a district may not pledge ad valorem taxes
as additional security for bonds issued under this section. The ad valorem component of any combination
tax and revenue bond pledge is superseded by the Bond Service Levy under Article VIII, Section 1-o,
Texas Constitution. The hospital system revenue pledge component of a combination bond issued under this
section is unaffected by this Act and remains in full force according to its terms.
Subchapter E. Chapter 282 — Hospital Districts in Counties of 75,000–190,000
SECTION 13.17.
Chapter 282, Health and Safety Code, is amended by adding Section 282.1025 to read as
follows:
Sec. 282.1025. POST-IMPLEMENTATION DATE BOND REQUIREMENTS.
On and after the Implementation Date as defined by Section 1.0052, Government Code,
the bond authority, tax pledge, and combination bond provisions of Chapter 281, as amended by this Act,
apply to hospital districts governed by this chapter to the same extent they apply to Chapter 281
districts. All references in this chapter to ad valorem taxes for bond debt service are superseded by
the Bond Service Levy under Article VIII, Section 1-o, Texas Constitution, on the Implementation Date.
Subchapter F. Chapter 285 — General Hospital District Provisions
SECTION 13.18.
Section 285.064, Health and Safety Code, is amended by adding Subsection (c) to read
as follows:
Sec. 285.064. TAX LEVY FOR BONDS — POST-IMPLEMENTATION SOURCE SUBSTITUTION.
(c) On and after the Implementation Date as defined by Section 1.0052, Government
Code, a district may not impose an ad valorem tax under this section. All bond debt service on
outstanding bonds of the district is satisfied from the Bond Service Levy certified for the district
under Section 151A.604, Tax Code.
SECTION 13.19.
Section 285.043, Health and Safety Code, is amended by adding Subsection (a-1) to
read as follows:
Sec. 285.043. BOND ELECTIONS UNDER CHAPTER 285 — POST-IMPLEMENTATION REQUIREMENTS.
(a-1) On and after the Implementation Date, a bond election under this section shall
not include a question about imposing an ad valorem tax. The ballot proposition must conform to Section
281.1025(a), Health and Safety Code, substituting references to Chapter 281 with references to this
chapter.
Subchapter G. Chapters 283 through 289 — Omnibus Hospital District Conforming
SECTION 13.20.
Notwithstanding any other provision of Chapters 283, 284, 286, 287, 288, and 289,
Health and Safety Code, on and after the Implementation Date as defined by Section 1.0052, Government
Code:
(a) Any provision of those chapters — including any enabling act-specific provisions
— that authorizes a hospital district to (1) impose, levy, assess, or collect an ad valorem tax for bond
debt service, or (2) pledge ad valorem taxes as security for any bond or other public security, is
superseded by Article VIII, Section 1-e, Texas Constitution, as amended, and is of no further force or
effect with respect to any obligation issued on or after the Implementation Date.
(b) All outstanding Pre-Abolition Bonds of hospital districts governed by those
chapters are covered by Article VIII, Section 1-o, Texas Constitution, which substitutes the Bond
Service Levy as the pledged revenue source while preserving all bondholder rights.
(c) Each hospital district governed by Chapters 283 through 289 must register all
outstanding bonds with the Comptroller under Section 321.601, Tax Code, not later than 90 days after the
Implementation Date.
(d) A hospital district governed by those chapters may petition the Comptroller for
a ruling confirming how this section applies to a specific outstanding obligation or enabling-act
provision not squarely addressed by Subsection (a). The Comptroller shall issue a ruling within 60 days
of receiving such a petition, subject to judicial review in a Travis County district court of competent
jurisdiction.
Subchapter H. Bond Registry Integration
SECTION 13.21.
The Comptroller shall include all counties, all entities subject to Government Code
Chapters 1472, 1473, and 1474, and all hospital districts subject to Health and Safety Code Chapters 281
through 289 in the statewide bond registry under Section 321.601, Tax Code, and shall calculate and
certify an I&S Rate for each such entity under Section 151A.604, Tax Code, in the same manner as for
all other taxing entities. The registry shall include a notation for any bonds guaranteed by the Texas
Public Finance Authority or any other state guarantee mechanism.
ARTICLE 14. TRANSIT AUTHORITY CARVE-OUT — CONFIRMATION AND NOTATION
(No changes in v5.0.)
SECTION 14.01.
This Act does not amend Tax Code §321.101(b)-(e) (transit authority disqualification
provisions). Those subsections apply exclusively to the "additional municipal sales and use tax"
authorized by §321.101(b) — they have no application to the Bond Service Levy added by Subchapter G of
Chapter 321, Tax Code, as enacted by Section 5.01 of this Act. The Bond Service Levy is a
constitutionally mandated, law-set levy and is not the "additional municipal sales and use tax" subject
to §321.101(b)-(e).
SECTION 14.02.
Transit authority funding under Transportation Code Chapters 451, 452, and 453 is
addressed in a companion transportation funding bill. Nothing in this Act reduces or impairs the funding
obligation of any municipality or county to any transit authority as of the Implementation Date.
ARTICLE 15. TAX CODE CHAPTER 151 — TLC CROSS-REFERENCE SWEEP INSTRUCTION
(No changes in v5.0.)
SECTION 15.01. INSTRUCTION TO TLC — CHAPTER 151 CROSS-REFERENCE UPDATE.
The Texas Legislative Council is instructed to:
(1) identify all provisions of the Tax Code, and all provisions of other Texas codes
that cross-reference the Tax Code, in which the phrase "6.25 percent" refers to the state sales and use
tax rate imposed by former Section 151.051(b), Tax Code;
(2) prepare conforming amendments for each such provision, substituting "the Tier 1
rate certified annually by the Texas Comptroller of Public Accounts under Article VIII, Section 1-n(a),
Texas Constitution" for "6.25 percent" where the reference is to the operative current state rate;
(3) identify provisions in which "6.25 percent" appears in a historical, comparative,
or transition-period context and flag those for non-amendment; and
(4) include all confirmed conforming amendments from the TLC sweep as additional
sections of this Act in the engrossed version, numbered consecutively after Section 15.01.
SECTION 15.02. TRANSITION — RATE CALCULATIONS DURING TLC SWEEP.
Until all conforming amendments are effective, any Tax Code provision that calculates
a refund, credit, audit recovery, penalty, or other amount as a function of "the rate imposed under
Section 151.051(b)" shall be interpreted by the Comptroller to mean "the Tier 1 rate in effect for the
relevant transaction period as certified under Article VIII, Section 1-n(a), Texas Constitution." The
Comptroller shall adopt an interim rule implementing this section not later than 90 days after this Act's
effective date.
ARTICLE 16. SPECIAL DISTRICT LOCAL LAWS CODE — OMNIBUS AD VALOREM BOND AUTHORITY CONFORMING
(No changes in v5.0.)
Subchapter A. Water Code Confirmation — Scope of Section 49.108 Amendment
SECTION 16.01.
The addition of Subsections (i) and (j) to Water Code §49.108 in Section 8.01 of this
Act is confirmed to apply to all districts that incorporate Chapter 49, Water Code, by reference —
whether that incorporation is express or implied by operation of Water Code §49.001 and §49.002. The
Comptroller shall treat all such districts as governed by amended §49.108 for bond debt service purposes
on and after the Implementation Date.
Subchapter B. Omnibus Special District Conforming — Standalone Ad Valorem Authority
SECTION 16.02.
Notwithstanding any other provision of the Special District Local Laws Code,
Government Code, or other statute, on and after the Implementation Date as defined by Section 1.0052,
Government Code:
(a) Any provision of the Special District Local Laws Code, or of any enabling
legislation enacted before or after the effective date of this Act, that authorizes a special district
to:
(1) impose, levy, assess, or collect an ad valorem tax for the payment of bonds,
notes, certificates of obligation, or other indebtedness; or
(2) pledge ad valorem taxes as security for any public security;
is superseded by Article VIII, Section 1-e, Texas Constitution, as amended, and is of
no further force or effect with respect to any indebtedness issued on or after the Implementation Date.
(b) Any provision described by Subsection (a) that would otherwise govern
Pre-Abolition Bonds of a special district issued before the Implementation Date is not repealed by this
section. For Pre-Abolition Bonds, the ad valorem pledge in the enabling act is substituted by the Bond
Service Levy under Article VIII, Section 1-o, Texas Constitution, preserving all bondholder rights.
(c) All special districts must register outstanding bonds with the Comptroller under
Section 321.601, Tax Code, regardless of whether the district's enabling act is listed in Chapter
49, Water Code, or in any other code.
(d) Any special district that believes its enabling act contains standalone ad
valorem bond authority not reached by the Water Code §49.108 amendment may petition the Comptroller for
a ruling confirming that Subsections (a) and (b) of this section govern its obligations. The Comptroller
shall issue a ruling within 60 days of receiving such a petition. A ruling under this subsection is
binding on the district and is subject to judicial review in the Travis County district court of
competent jurisdiction.
Subchapter C. Comptroller — SDLLC Survey and Ruling Database
SECTION 16.03.
The Comptroller shall maintain a public database of all rulings issued under Section
16.02(d) and Section 13.20(d) of this Act, organized by special district and hospital district name, to
provide a consolidated public record of edge-case determinations made under the omnibus supersession
provisions of this Act.
ARTICLE 17. STATUTORY CROSS-REFERENCE INDEX
\| Article \| Statute Amended or Added \| Section(s) \| Subject \|
\|---\|---\|---\|---\| \| Art. 1 \| Gov. Code §1.0052 (new) \| §1.01 \| TPTRP Bond Definitions \| \|
Art. 2 \| Educ. Code §45.001 \| §2.01 \| ISD Bond Pledge Substitution \| \| Art. 2 \| Educ. Code
§45.0011 \| §2.02 \| ISD I&S Rate to Comptroller \| \| Art. 2 \| Educ. Code §45.003 \| §2.03 \| Bond
Election — Tax Question Replaced \| \| Art. 2 \| Educ. Code §48.257 (repealed) \| §2.04 \| Excess Local
Revenue Trigger \| \| Art. 2 \| Educ. Code Ch. 49 (repealed) \| §2.05 \| Recapture Mechanics \| \| Art.
2 \| Educ. Code §48.2575 (new) \| §2.06 \| Tier 4 Equalization Supersedes Recapture \| \| Art. 2 \|
Educ. Code §45.0055 (new) \| §2.07 \| PSF Registry; AG Approval Conforming \| \| Art. 3 \| Gov. Code
§1331.001 \| §3.01 \| Municipal GO Bond Authority Root \| \| Art. 3 \| Gov. Code §1331.052 \| §3.02 \|
Home-Rule Municipality Bonds \| \| Art. 3 \| Gov. Code §1251.001 \| §3.03 \| Bond Election — Universal
Voter Approval \| \| Art. 3 \| Gov. Code §1251.004 \| §3.04 \| Bond Election — Tax Question Substitution
\| \| Art. 3 \| Gov. Code §1251.052(a) \| §3.05 \| Ballot Proposition Language \| \| Art. 3 \| Gov. Code
§1431.0025 (new) \| §3.06 \| Tax Notes — No Ad Valorem Post-Implementation \| \| Art. 3 \| Gov. Code
§1471.011 \| §3.07 \| County Road Bonds Conforming \| \| Art. 3 \| Gov. Code §1201.0055 (new) \| §3.08
\| AG Bond Approval — Bond Service Levy \| \| Art. 3 \| LGC §271.041 \| §3.09 \| City Certificates of
Obligation — Voter Approval \| \| Art. 4 \| Gov. Code §404.0053–57 (v5.0: renumbered/consolidated;
former §404.0051–52 repealed) \| §4.01 \| I&S Reserve Fund (single fund), Cascade \| \| Art. 5 \|
Tax Code §321 Subch. G (new) \| §5.01 \| Bond Service Levy Registry, Certification \| \| Art. 5 \| Tax
Code §321.101(f) \| §5.02 \| 2% Local Cap — Bond Service Levy Excluded \| \| Art. 5 \| Tax Code §151.051
\| §5.03 \| State Sales Tax Rate Conforming \| \| Art. 6 \| Finance Code Ch. 160 (new) \| §6.01 \|
Citizens First Portal; Stage 4 Verification \| \| Art. 7 \| Gov. Code §316.0935 (new) \| §7.01 \| State
ESF Mandatory Backstop \| \| Art. 8 \| Water Code §49.108 \| §8.01 \| Water Districts — Ad Valorem
Removed \| \| Art. 8 \| Water Code §54.5015 (new) \| §8.02 \| MUDs — Ad Valorem Removed \| \| Art. 8 \|
LGC Ch. 400 (new) \| §8.03 \| Special District Absorption Mechanics \| \| Art. 9 \| Gov. Code §490.0185
(new) \| §9.02 \| Bond Service Guarantee During Transition \| \| Art. 10 \| Educ. Code Ch. 12 Subch. I
(new) \| §10.01 \| Charter School PSF Co-Guarantee \| \| Art. 13 \| Gov. Code §1472.002, §1472.007 \|
§§13.01–13.02 \| Causeway Bond — Ad Valorem Pledge Conformed \| \| Art. 13 \| Gov. Code §1473.022 \|
§13.03 \| Auditorium/Coliseum Bond — Tax Option Removed \| \| Art. 13 \| Gov. Code §1473.101 \| §13.04
\| Jail/Courthouse Bond — Art. VIII §9 Pledge Superseded \| \| Art. 13 \| LGC §271.062 \| §13.05 \|
County CO — Universal Voter Approval Required \| \| Art. 13 \| Gov. Code §1473.136(b) \| §13.06 \|
Parking Facility — Ad Valorem Option Removed \| \| Art. 13 \| Gov. Code §1473.137 \| §13.07 \| Parking —
Bond Legend Updated \| \| Art. 13 \| Gov. Code §1473.192 \| §13.08 \| Workhouses/Farms — Tax Option
Removed \| \| Art. 13 \| Gov. Code §1473.233 \| §13.09 \| Crime Detection COs — Voter Approval Required;
No Ad Valorem \| \| Art. 13 \| Gov. Code §§1474.052, 055, 058, 106 \| §§13.10–13.13 \| County Water
Improvement Bonds Conformed \| \| Art. 13 \| H&S Code §§281.121, 281.1025, 281.107 \| §§13.14–13.16
\| Hospital District — Ch. 281 Bond Pledge Conformed \| \| Art. 13 \| H&S Code §282.1025 (new) \|
§13.17 \| Hospital District — Ch. 282 Conformed by Reference \| \| Art. 13 \| H&S Code §§285.064,
285.043 \| §§13.18–13.19 \| Hospital District — Ch. 285 Bond Pledge Conformed \| \| Art. 13 \| H&S
Code Chs. 283–289 (omnibus) \| §13.20 \| Hospital District — Chs. 283–289 Omnibus Supersession \| \|
Art. 13 \| Bond Registry Integration \| §13.21 \| County Building and Hospital District Registry \| \|
Art. 14 \| Tax Code §321.101(b)-(e) \| §14.01 \| Transit Carve-Out — No Conflict \| \| Art. 15 \| Tax
Code Ch. 151 (TLC sweep) \| §15.01 \| Ch. 151 Cross-Reference Sweep \| \| Art. 16 \| SDLLC (all) + Water
Code §§49.001/49.002 \| §§16.01–16.03 \| Omnibus Special District Conforming \| \| Art. 18 \| Gov. Code
Ch. 404 Subch. L (new) \| §18.01 \| Disaster and Emergency Bond Service Coverage \|
ARTICLE 18. DISASTER AND EMERGENCY BOND SERVICE COVERAGE
SECTION 18.01.
Chapter 404, Government Code, is amended by adding Subchapter L to read as follows:
SUBCHAPTER L. BOND DEBT SERVICE — DISASTER AND EMERGENCY COVERAGE
Sec. 404.0071. PURPOSE.
This subchapter establishes the exclusive framework for ensuring that scheduled bond
principal and interest payments continue to be made in full and on time when a taxing entity's Bond
Service Levy collections are disrupted by a declared disaster or emergency. This subchapter does not
establish a cascade. Its sole function is bond payment continuity.
Sec. 404.0072. DEFINITIONS.
In this subchapter:
(1) "Declared disaster or emergency" means a disaster or emergency declared, at the
threshold and tier established by the TPTRP Funds Act for purposes of that Act's disaster response
framework, by: (A) the Governor under Chapter 418, Government Code; (B) the President of the United
States or an authorized federal agency under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; or (C) a taxing entity's governing body under Chapter 418, Government Code, but
only if that local declaration is concurred in or ratified by the Governor, the Texas Division of
Emergency Management, or a Comptroller determination applying the same qualifying threshold used under
the TPTRP Funds Act. A purely local declaration that does not meet the qualifying threshold used under
the TPTRP Funds Act does not constitute a "declared disaster or emergency" for purposes of this
subchapter. This definition is intentionally aligned with the TPTRP Funds Act's disaster
declaration threshold so that bond debt service coverage under this subchapter is never broader or
narrower, or otherwise ambiguous relative to, the disaster declaration standard governing the rest of
the TPTRP Funds framework, in order to protect the rights and reasonable expectations of bondholders and
citizens under the Citizens First Bond provisions of this Act.
(2) "Bond payment disruption" means a documented, Comptroller-verified reduction in a
taxing entity's Bond Service Levy collections, attributable to a declared disaster or emergency,
that is projected to be insufficient to meet the entity's scheduled bond debt service.
Sec. 404.0073. ENTITY I&S RESERVE FUND — FIRST-LINE DISASTER COVERAGE.
(a) Upon a bond payment disruption, a taxing entity shall first draw on its own
single I&S Reserve Fund, established under Section 404.0053, to cover the shortfall in scheduled
bond debt service, without regard to the 50 percent Tier A cascade floor otherwise applicable under
Section 404.0056(a)(1).
(b) A draw under this section in excess of the Section 404.0056(a)(1) floor is
permitted only for the duration of the declared disaster or emergency and only to the extent necessary
to meet scheduled bond debt service. The entity shall replenish its I&S Reserve Fund to the Section
404.0053(a) one-times (1x) minimum balance as its first priority use of Bond Service Levy collections
following the conclusion of the declared disaster or emergency, on a schedule approved by the
Comptroller not to exceed 24 months.
(c) This section governs only the entity's own I&S Reserve Fund draw in a
disaster scenario; it does not create or reference any fund separate from the single I&S Reserve
Fund established by Section 404.0053.
Sec. 404.0074. STATE SUPPORT — COVERING GAPS DURING DISASTER SCENARIOS.
(a) If an entity's I&S Reserve Fund is insufficient to cover a bond payment
disruption caused by a declared disaster or emergency, the entity shall notify the Comptroller not later
than 10 business days before the affected bond payment date.
(b) Upon verification of a bond payment disruption under this section, the
Comptroller shall direct the remaining gap to be covered, in order: (1) from the entity's own
Stabilization Fund established under the TPTRP Fund System Act, to the floor established by that Act,
and then, if the entity is a special district, ISD, or municipality, from the county's
Stabilization Fund identified in Section 404.0054; and (2) from the State Economic Stabilization Fund,
as a mandatory, self-executing draw consistent with Section 316.0935, Government Code.
(c) A draw under Subsection (b) for disaster-related bond debt service is in
addition to, and does not exhaust or reduce the availability of, the ordinary backstop cascade under
Section 404.0056 for non-disaster-related bond debt service shortfalls occurring in the same fiscal
year.
(d) This section applies with equal force during the transition period established
by the TPTRP Transition Board, Transition Fund, and Transition Plan Act. During the transition period,
the Comptroller shall coordinate with the Transition Board, consistent with Article 9 of this Act, to
confirm that the affected entity's certified rate is corrected going forward so that recurring
reliance on this section is not required for the same recurring shortfall.
Sec. 404.0075. BONDHOLDER NOTICE.
The Comptroller shall provide notice to affected bondholders or their trustee of any
disruption and of the coverage action taken under this subchapter not later than five business days
before the affected bond payment date, or as soon as practicable if the disaster or emergency does not
allow five days' notice.
Sec. 404.0076. REPORTING.
The Comptroller shall include in the quarterly reporting required under Section
404.0057 on the Local Government Transparency module of the Texas Sales and Use Tax Portal any draw made
under this subchapter, identifying the entity, the declared disaster or emergency, the amount, and the
source (I&S Reserve Fund, entity or county Stabilization Fund, or State Economic Stabilization
Fund).
Change Log — Stage 1 Conformity Edits (2026-08-02)
| # | Section | Edit description |
|---|---|---|
| 3.1 | Educ. Code §48.2575(c) | Replaced the enrollment/weighted-allotment distribution formula with a distribution rule based exclusively on sales and use tax collected on transactions sourced to each district, per Article VIII, Section 1-n(k)(2). Added an implements-clause. §48.2575(a) was reviewed and left unchanged; it already reflects the corrected Sec. 1-n(k)(2) sourcing standard. |
| 3.2 | Art. 4, Sec. 404.0054 (renamed); former Sec. 404.0055 deleted; Sec. 404.0056; Sec. 404.0057; Art. 7 Sec. 316.0935; Art. 19 Secs. 404.0074, 404.0076 | Consolidated three entity reserve funds to two. Renamed "Economic Stabilization Fund" (entity-level) to a cross-reference to "the Stabilization Fund established under the TPTRP Fund System Act" rather than establishing it in this Act. Deleted the separate entity-level Rainy Day Fund (former Sec. 404.0055); its function is absorbed by the Stabilization Fund. Renumbered the backstop cascade from four tiers (A–D) to three tiers (A–C): Tier A (entity I&S Reserve Fund), Tier B (entity/county Stabilization Fund), Tier C (State Economic Stabilization Fund). Updated all cross-references in Sec. 404.0057 reporting, Art. 7 Sec. 316.0935, and Art. 19 disaster-coverage sections (404.0074, 404.0076) to match the two-fund, three-tier structure. The State Economic Stabilization Fund (Art. III, Sec. 49-g) continues to be referenced by name as the state-level fund. |
| 3.3 | Art. 3, new Sec. 1331.0005 (Subchapter A-1) | Added the verbatim Bond Service Levy inviolability rule as a new section at the top of Art. 3, titled "BOND SERVICE LEVY INVIOLABILITY," implementing Article VIII, Section 1-n(l), Section 1-s(i)(4), Section 1-s(k)(7), and Section 1-o. Cross-cited Sections 4.004 and 8.003 of the TPTRP Fund System Act. |
| 3.4 | Gov't Code §490.0185(b) | Repointed the bridge-assistance eligibility cross-reference from "Section 490.018 of this chapter" to "Section 490.032, Government Code, established by the TPTRP Transition Board Act," the authoritative Assistance Eligibility Standard under the Transition Board Act's restructured Chapter 490. |
| 3.5 | Art. 4, new Sec. 404.00535 | Added the two-consecutive-period over-collection step-down provision implementing Article VIII, Section 1-n(h)(5-A), including Comptroller certification and publication via the Section 1-n(l) Disclosure Feed module of the Texas Sales and Use Tax Portal. |
| 3.6 | Tax Code, new Sec. 321.6015 | Added the real-time bond disclosure requirement implementing Article VIII, Section 1-n(l)(9-A), requiring each entity to publish and update in real time outstanding bond issue/series/CUSIP data, principal/rate/maturity/next-payment data, bond purpose, refunding/restructuring/defeasance/acceleration events, and Bond Service Levy sub-rate and certified annual bond debt service, through the Section 1-n(l) Disclosure Feed module of the Texas Sales and Use Tax Portal. |
| 3.7 | Tax Code §321.603, new Subsection (f) | Added a dispute-process cross-reference for I&S Rate, Bond Service Levy, and CCR certifications, modeled on and pointing to the Certification Dispute Process established under Section 490.015(c), Government Code (TPTRP Transition Board Act), including the exhaustion-of-Step-One precondition to judicial review. |
| 3.8 | Water Code §49.108(a) (§8.01) | Flagged the bracketed placeholder "[Existing language preserved and applicable before the Implementation Date.]" with an EDIT NOTE for pre-filing completion. No statutory text invented. |
| 3.8-CLOSEOUT | Water Code §49.108 (§8.01); §16.01 | Water Code §49.108 amendment restructured to add new subsections (i) and (j) rather than replace existing text; drafter's placeholder resolved with verified current statute text (retrieved from statutes.capitol.texas.gov on 2026-08-02); section title corrected from "TAX LEVY FOR DEBT SERVICE; BOND SERVICE LEVY SUBSTITUTION" to the actual current title "CONTRACT ELECTIONS." Section 16.01 cross-reference updated from "The amendment to Water Code §49.108" to "The addition of Subsections (i) and (j) to Water Code §49.108" to match the restructured amendment. |
| 3.9-CLOSEOUT | Art. 17 | Article 17 [RESERVED] removed entirely; Articles 18 and 19 renumbered to 17 and 18 respectively; all cross-references updated throughout the act, including the Statutory Cross-Reference Index and the bill caption. |
| 3.10 | Art. 6 (bill caption; Chapter 160 heading; Sec. 160.011); Art. 4 Sec. 404.0057; Art. 5 Sec. 321.601(c); Art. 19 Sec. 404.0076 | Renamed the "Citizens First Bond Portal" as the "Citizens First Bond module of the Texas Sales and Use Tax Portal established under Section 490.073, Government Code," and renamed each "Local Government Transparency Portal" reference as the "Local Government Transparency module of the Texas Sales and Use Tax Portal established under Section 490.073, Government Code." Citizens First civil penalties continue to flow to the Transition Fund per Sec. 490.012(a)(2) of the Transition Board Act (unchanged, Sec. 160.013(b)). |
| 3.11 | Whole document | Completed a bracketed pre-filing-blank sweep. None were found beyond the §8.01 and Art. 17 items already logged under 3.8 and 3.9. The bill-caption blanks ("By: ___________________ H.B. No. _____") are standard filing-time Clerk fields, not drafting blanks, and were left unchanged. |
| 3.12 | Whole document | Confirmed zero occurrences of "Unified Transaction Tax" in this Act. No changes required. |
| 3.13 | Art. 4, Secs. 404.0053–404.0054 | Verified the I&S Reserve Fund (bond-specific, 1x–2x of Certified Annual Bond Debt Service) remains structurally separate from and additive to the general Stabilization Fund (months-of-budget basis under the TPTRP Fund System Act). No internal contradiction found; no restructuring performed. |
BOND MANAGEMENT ACT — STAGE 3 EDIT LOG (2026-08-06)
| # | Section | Edit description |
|---|---|---|
| bma.s3.1 | Portal rename (10 occurrences) | Renamed "Texas Sales and Use Tax Portal" to "Texas Sales and Use Tax Portal" throughout. |
| bma.s3.2 | New Section 404.00537 | Added new Section 404.00537 (Final-Bond-Retirement Mechanics) codifying the automatic mechanics on retirement of an entity's final outstanding bond: I&S sub-rate zeros out (per Sec. 151A.605(g), Tax Code), bond registry annotated, chief financial officer certifies residual I&S Reserve Fund balance to the comptroller within 60 days of fiscal-period close, comptroller transfers residual balance to the entity's Infrastructure Fund (per Sec. 14.003 of the TPTRP Fund System Act), and the I&S Reserve Fund is closed for reporting but not dissolved. Also addresses re-activation on issuance of a new bond following retirement, requiring the entity to re-establish the I&S sub-rate via Sec. 151A.606, Tax Code, and voter approval under Sec. 151A.313, Tax Code, for the new debt. Infrastructure Fund is not required to return transferred residual amounts. |
Change Log — Version 3 (2026-08-07)
| # | Section | Edit description |
|---|---|---|
| v3.1 | Whole Act | Standardized I&S Reserve Fund terminology and conformed temporary constitutional citations. |
| v3.2 | Sec. 404.00537 | Moved final-bond-retirement mechanics into Article 4 and corrected the Fund System Act reference to Section 14.003. |
| v3.3 | Secs. 2.06, 5.01–5.03 | Replaced provisions displaced by Chapter 151-A with cross-references to Sections 151A.410, 151A.615, and 151A.616, Tax Code. |