Current through Reg. 50, No. 13; March 28, 2025
(a) Types of Elections. Proceedings of the
following elections must be submitted with the first transcript of proposed
public securities utilizing the authority acquired through the election:
(1) an election authorizing the issuance of
public securities;
(2) an election
authorizing the levy or imposition of a tax or other security pledged to the
payment of public securities;
(3)
an election creating or incorporating, or confirming the creation of, an
issuer;
(4) an election approving
a home rule charter for a municipality; and
(5) elections discussed in other subchapters
of this chapter. Proceedings of state elections, including amendments to the
Constitution, are not required.
(b) Election Contest Period. When the
proceedings of an election held pursuant to the Election Code are submitted as
part of the record of proceedings, the proposed public securities will not be
approved until the time for filing a petition for an election contest has
expired in accordance with §
233.006 of the Election
Code or, if an election contest has been filed, a final, nonappealable judicial
order that does not overturn the election has been obtained.
(c) Election Proceedings. Election
proceedings must include the following:
(1)
Official Action Calling the Election. A certified copy of the action taken by
the governing body calling the election; the official action must include the
elements required by all applicable law;
(2) Election Notice. Affidavits of
publication, and/or certificates of posting or mailing, as required by law, of
notice of an election, in English and other languages as required by law with a
copy of the election notice; the election notice must contain the elements
required by applicable law;
(3)
Official Action Canvassing the Election. A certified copy of the action taken
by the governing body canvassing the results of the election, including the
total number of votes for and against a proposition;
(4) Compliance with the Election Code.
Certification as to compliance with the Election Code, including particularly
the giving of notice of an election to the county clerk pursuant to §
4.008 of the Election
Code and the bilingual requirements of Chapter 272 of the Election Code, or
explaining why these requirements are not applicable to the election; and
(5) Home Rule Charter Election.
For an election approving a home rule charter for a municipality, certification
as to compliance with §
9.003(b)
and §
9.007 of the
Local Government Code.
