2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter C. Certificate of Obligation Act › Section 271.049. Notice of Intention to Issue Certificates; Petition and Election

Sec. 271.049.  NOTICE OF INTENTION TO ISSUE CERTIFICATES;  PETITION AND ELECTION.  (a)  Regardless of the sources of payment of certificates, certificates may not be issued unless the issuer publishes notice of its intention to issue the certificates.  The notice must be published:
(1)  once a week for two consecutive weeks in a newspaper, as defined by Subchapter C, Chapter 2051, Government Code, that is of general circulation in the area of the issuer, with the date of the first publication to be before the 45th day before the date tentatively set for the passage of the order or ordinance authorizing the issuance of the certificates; and
(2)  if the issuer maintains an Internet website, continuously on the issuer's website for at least 45 days before the date tentatively set for the passage of the order or ordinance authorizing the issuance of the certificates.
(b)  The notice must state:
(1)  the time and place tentatively set for the passage of the order or ordinance authorizing the issuance of the certificates;
(2)  the purpose of the certificates to be authorized;
(3)  the manner in which the certificates will be paid for, whether by taxes, revenues, or a combination of the two;
(4)  the following:
(A)  the then-current principal of all outstanding debt obligations of the issuer;
(B)  the then-current combined principal and interest required to pay all outstanding debt obligations of the issuer on time and in full, which may be based on the issuer's expectations relative to the interest due on any variable rate debt obligations;
(C)  the maximum principal amount of the certificates to be authorized; and
(D)  the estimated combined principal and interest required to pay the certificates to be authorized on time and in full;
(5)  the estimated interest rate for the certificates to be authorized or that the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and
(6)  the maximum maturity date of the certificates to be authorized.
(c)  If before the date tentatively set for the authorization of the issuance of the certificates or if before the authorization, the municipal secretary or clerk if the issuer is a municipality, or the county clerk if the issuer is a county, receives a petition signed by at least five percent of the qualified voters of the issuer protesting the issuance of the certificates, the issuer may not authorize the issuance of the certificates unless the issuance is approved at an election ordered, held, and conducted in the manner provided for bond elections under Chapter 1251, Government Code.
(d)  This section does not apply to certificates issued for the purposes described by Sections 271.056(1)-(4).
(e)  In this section, "debt obligation" means a public security, as defined by Section 1201.002, Government Code, secured by and payable from ad valorem taxes.  The term does not include public securities that are designated as self-supporting by the political subdivision issuing the securities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(3), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.295, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 402, Sec. 15, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1008 (H.B. 730), Sec. 1, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 728 (H.B. 477), Sec. 5, eff. September 1, 2019.