Texas Education Code - Section 45.003. Bond And Tax Elections
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§ 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. 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.
(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 product of the state compression
percentage, as determined under Section 42.2516, multiplied by
$1.50.
(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 $0.17 and the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the rate of the maintenance tax
levied by the district for the 2005 tax year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 22, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 678, § 2, eff. Sept. 1, 2001;
Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 1.12, eff. May 26, 2006.
Section: 44.052 44.053 44.054 44.901 45.001 45.0011 45.002 45.003 45.0031 45.004 45.005 45.006 45.031 45.032 45.033
Last modified: August 10, 2007
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