Tex. Educ. Code Section 45.003
Bond and Tax Elections


(a)

Bonds described by Section 45.001 (Bonds and Bond Taxes) may not be issued and taxes described by Section 45.001 (Bonds and Bond Taxes) or 45.002 (Maintenance Taxes) 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. Each election must be called by resolution or order of the governing board or commissioners court. The resolution or order must state the date of the election, the proposition or propositions to be submitted and voted on, the polling place or places, and any other matters considered necessary or advisable by the governing board or commissioners court.

(b)

A proposition submitted to authorize the issuance of bonds must include the question of whether the governing board or commissioners court may levy, pledge, assess, and collect annual ad valorem taxes, on all taxable property in the district, either:

(1)

sufficient, without limit as to rate or amount, to pay the principal of and interest on the bonds; or

(2)

sufficient to pay the principal of and interest on the bonds, provided that the annual aggregate bond taxes in the district may never be more than the rate stated in the proposition.

(b-1)

The ballot proposition under Subsection (b) must include the following statement: “THIS IS A PROPERTY TAX INCREASE.”

(c)

If bonds are ever voted in a district pursuant to Subsection (b)(1), then all bonds thereafter proposed must be submitted pursuant to that subsection, and Subsection (b)(2) does not apply to the district.

(d)

A proposition submitted to authorize the levy of maintenance taxes must include the question of whether the governing board or commissioners court may levy, assess, and collect annual ad valorem taxes for the further maintenance of public schools, at a rate not to exceed the rate stated in the proposition. For any year, the maintenance tax rate per $100 of taxable value adopted by the district may not exceed the rate equal to the sum of $0.17 and the district’s maximum compressed rate, as determined under Section 48.2551 (Maximum Compressed Tax Rate).

(e)

A rate that exceeds the maximum rate specified by Subsection (d) for the year in which the tax is to be imposed is void. A school district with a tax rate that is void under this subsection may, subject to requirements imposed by other law, adopt a rate for that year that does not exceed the maximum rate specified by Subsection (d) for that year.

(f)

Notwithstanding any other law, a district that levied a maintenance tax for the 2005 tax year at a rate greater than $1.50 per $100 of taxable value in the district as permitted by special law may not levy a maintenance tax at a rate that exceeds the rate per $100 of taxable value that is equal to the sum of:

(1)

$0.17; and

(2)

the product of 66.67 percent multiplied by the rate of the maintenance tax levied by the district for the 2005 tax year, minus the amount by which $1.00 exceeds the product of the state compression percentage, as determined under Section 48.255 (State Compression Percentage), multiplied by $1.00.

(g)

Notwithstanding Section 1251.052 (Form), Government Code, the question of whether to approve the issuance of bonds for the construction, acquisition, and equipment of school buildings in the district, the purchase of new school buses, and the purchase of necessary sites for school buildings may be submitted to the voters in a single ballot proposition, except that bonds for each of the following purposes must be stated in a separate proposition:

(1)

the construction, acquisition, or equipment of a stadium with seating capacity for more than 1,000 spectators;

(2)

the construction, acquisition, or equipment of a natatorium;

(3)

the construction, acquisition, or equipment of another recreational facility other than a gymnasium, playground, or play area;

(4)

the construction, acquisition, or equipment of a performing arts facility;

(5)

the construction, acquisition, or equipment of housing for teachers as determined by the district to be necessary to have a sufficient number of teachers for the district; and

(6)

an acquisition or update of technology equipment, other than equipment used for school security purposes or technology infrastructure integral to the construction of a facility.

(h)

The question of whether to approve the issuance of bonds for a building described by Subsection (g)(1), (2), (3), (4), or (5) must be printed on the ballot as a separate ballot proposition regardless of whether that building is proposed as part of the same complex or building that contains traditional classroom facilities. Each separate ballot proposition required by this subsection must state the principal amount of the bonds to be issued that constitutes the cost for construction of that portion of the building or complex attributable to the building described by Subsection (g)(1), (2), (3), (4), or (5) or to the traditional classroom facilities, as applicable.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 22, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 678, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 1.12, eff. May 31, 2006.
Acts 2019, 86th Leg., R.S., Ch. 505 (S.B. 30), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.008, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1A.003, eff. September 1, 2020.

Source: Section 45.003 — Bond and Tax Elections, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­45.­htm#45.­003 (accessed Jun. 5, 2024).

45.001
Bonds and Bond Taxes
45.002
Maintenance Taxes
45.003
Bond and Tax Elections
45.004
Refunding Bonds
45.005
Examination of Bonds by Attorney General
45.006
Maintenance Tax Required for Judgment Ordering Ad Valorem Tax Refund
45.0011
Credit Agreements in Certain School Districts
45.0021
Restriction on Maintenance Tax Levy
45.0031
Limitation on Issuance of Tax-supported Bonds
45.031
Gymnasia, Stadia, and Other Recreational Facilities
45.032
Revenue Bonds
45.0032
Components of Maintenance and Operations Tax
45.033
Rentals, Rates, and Charges
45.034
Pledge of Revenues
45.035
Refunding Bonds
45.036
Examination of Bonds by Attorney General
45.051
Definitions
45.052
Guarantee
45.053
Limitation
45.054
Eligibility of School District Bonds
45.055
Application for Guarantee
45.056
Investigation
45.057
Guarantee Endorsement
45.058
Notice of Default
45.059
Payment of School District Bond on Default
45.060
Bonds Not Accelerated on Default
45.061
Reimbursement of Funds
45.062
Repeated Defaults
45.063
Rules
45.081
Definitions
45.082
Sale of Property
45.083
Other Laws Not Applicable
45.084
Contracts
45.085
Bond Requirements
45.086
Liberal Construction
45.087
Other Powers Unrestricted
45.101
Use of Bond Proceeds for Utility Connections
45.102
Investment of Bond Proceeds in Obligations of United States or Interest-bearing Secured Time Bank Deposits
45.103
Interest-bearing Time Warrants
45.104
Pledge of Delinquent Taxes as Security for Loan
45.105
Authorized Expenditures
45.106
Use of County Available Fund Apportionment for Area Schools Career and Technology Education
45.107
Investment of Gifts, Devises, and Bequests
45.108
Borrowing Money for Current Maintenance Expenses
45.109
Contracts for Athletic Facilities
45.110
Authorized but Unissued Bonds
45.111
Certificates of Indebtedness
45.112
Contracts for Investment of Debt Service Funds
45.113
Trust for County Permanent School Fund
45.151
Definitions
45.152
Creation of Authority
45.153
Board of Directors
45.154
Construction, Acquisition, and Operation of Stadium
45.155
Bonds
45.156
Contracts with School Districts
45.157
Examination of Bonds by Attorney General
45.158
Charges for Use of Stadium
45.159
Depository
45.160
Tax Exemption
45.161
Eminent Domain
45.162
Investment of Bond Proceeds
45.163
Acceptance of Gifts
45.201
Definitions
45.202
Selection of Depository
45.203
Depository Must Be a Bank
45.204
Conflict of Interest
45.205
Term of Contract
45.206
Bid or Request for Proposal Notices
45.207
Award of Contract
45.208
Depository Contract
45.209
Investment of District Funds
45.231
Employment of Assessor and Collector
45.232
Alternate Methods of Selection Under Former Law
45.251
Definitions
45.252
Intercept Credit Enhancement Program
45.253
Limitation on Intercept Credit Enhancement
45.254
Eligibility
45.255
Application for Credit Enhancement
45.256
Investigation
45.257
Credit Enhancement Endorsement
45.258
Notice of Failure or Inability to Pay
45.259
Payment from Intercepted Funds
45.260
Bonds Not Accelerated on Failure to Pay
45.261
Reimbursement of Foundation School Program
45.262
Repeated Failure to Pay
45.263
Rules
45.301
Definitions
45.302
Establishment of Program
45.303
Limitation on Participation
45.304
Allocation of Portion of Foundation School Program Funds for Credit Enhancement
45.305
Private Matching Funds Required
45.306
Repayment
45.307
Status of Program
45.308
Rules
45.351
Applicability
45.352
Election to Revoke County Equalization Tax
45.0531
Additional Limitation: Reservation of Percentage of Permanent School Fund Value
45.0532
Limitation on Guarantee of Charter District Bonds
45.0533
Communication with Nationally Recognized Investment Rating Firm
45.0541
Eligibility of Charter District Bonds
45.0571
Charter District Bond Guarantee Reserve Fund
45.0591
Payment of Charter District Bond on Default
45.1011
Use of Bond Proceeds for School Safety Compliance
45.1105
Use of Unspent General Obligation Bond Proceeds
45.2541
Intercept of Foundation School Program Appropriations as Credit Enhancement

Accessed:
Jun. 5, 2024

§ 45.003’s source at texas​.gov