Current through Reg. 50, No. 13; March 28, 2025
The following are the minimum requirements for statutory
compliance and documentary composition of transcripts prerequisite to approval
of school district tax bond issues.
(1) Order calling bond election.
(A) Minutes excerpt relative to call of
election.
(B) Order.
(i) Date of election and polling hours,
including absentee voting provisions.
(ii) Full text of propositions to be voted
upon.
(v) Form of ballot and
how it is to be marked.
(vi) Copy
of election order to be published one time at least 10 days prior to election
date.
(vii) Holding of election to
be in compliance with the Election Code (or general election laws) of Texas,
except as modified by applicable school laws.
(viii) Election officers to make returns of
election to the board and ballot boxes delivered to custody of the
board.
(2)
Notice of election.
(A) Addressed to all
qualified electors.
(B) A verbatim
copy of the order calling the election.
(3) Affidavit of publication of notice of
election.
(A) Date of publication: at least
10 days prior to date set for election.
(B) Must have attached a clipping of the
notice as published.
(C) Recite
that newspaper is one of general circulation in the district.
(D) Subscribed and sworn to by titled officer
or employee of publishing newspaper before notary public no earlier than the
date of the published notice.
(4) Order canvassing returns and declaring
results of the election, and minutes relating thereto, with minutes excerpt
relative to canvass.
(5) Bond
order.
(A) Minutes excerpt relative to bond
order passage.
(B) Recitations:
facts regarding calling and holding of the election, including amount to be
issued and recital of identification of all prior issues, including amount of
each such issue, made under authority of the election ordered in paragraph (1)
of this section.
(C) Order proper.
(i) Name of the bond issue and aggregate
amount issued.
(ii) Purpose for
which the bonds are issued.
(iii)
Issued in conformity with Constitution and laws of the State of
Texas.
(iv) Bond numbers, keyed to
years and maturities.
(viii) Date of interest
payments.
(ix) Method and places of
payment.
(xi) Option for
redemption, if any.
(xiii) Coupon form (must
refer to option for redemption, if any).
(xiv) Form for comptroller's registration, to
appear on the reverse of each bond.
(xv) Signature and seal (facsimile, manual,
or combination described).
(xvi)
Levy of tax and creation of interest and sinking fund.
(xvii) President of the board or appropriate
presiding county officer to have charge of the bonds until approved by the
attorney general and registered by the comptroller.
(xviii) Name of purchaser, and declaration as
to mode of sale.
(xx) Recitation that bonds
sold to the highest bidder.
(xxi)
President of the board or appropriate presiding county officer to deliver the
bonds to the purchaser upon receipt of the agreed purchase price.
(6) Statement of
taxable values.
(7) Copy of
official notice of sale, if any.
(8) Statement of indebtedness.
(9) Incumbency certificate.
(10) Boundary certificate.
(A) No boundary change.
(i) No change in district's boundaries since
last bond issue.
(ii) No litigation
concerning the district's boundaries is pending at the time of the last
validating act and none now pending.
(iii) Certified by district's secretary (or
part of general certificate), but may be prepared and signed by county
superintendent of schools.
(B) Boundary changes (must be set out in
detail by metes and bounds or lot, block and survey reference, or combination).
(ii) Certified map of the district's
boundaries as redefined unless a cited validating act has been passed since the
change.
(iii) Certified by county
or district superintendent of schools.
(11) Appropriation certificate when first
coupon, first maturity, or both due before next tax levy date.
(12) Certificate of board secretary attesting
to date of establishment of district and mode by which established, to the
giving of all notices as required by law for meetings (unless recited in
attested minutes excerpt for each meeting separately), and to currency of
accreditation by the Texas Education Agency.
