HB 238 — Increasing the threshold of voter approval

90R4455 AMF-D By: Olcott H.B. No. 238 relating to increasing the threshold of voter approval for a school district bond election.

SECTION 1. Section 45.003, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows: (a) Bonds described by Section 45.001 may not be issued and taxes described by that section [ Section 45.001 or 45.002 ] may not be levied unless authorized by three-fifths [ 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. (a-1) Taxes described by Section 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. (a-2) Each election described by Subsection (a) or (a-1) 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.

SECTION 2. Section 45.003(a), Education Code, as amended by this Act, applies only to an election ordered on or after the effective date of this Act. An election ordered before the effective date of this Act is governed by the law in effect when the election was ordered, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect January 1, 2028, but only if the constitutional amendment proposed by the 90th Legislature, Regular Session, 2027, increasing the threshold of voter approval for a school district bond election is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.