The board may and sometimes must order an election to raise the district’s maximum tax rate, subject to petition, hearing, notice, and timing rules.
Sec. 1004.303. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) The board may order an election to increase the maximum tax rate of the district to an amount not to exceed 75 cents on each $100 valuation of the taxable property in the district. (b) The board shall order an election to increase the maximum tax rate of the district on presentation of a petition that: (1) requests the election; (2) states the maximum tax rate to be voted on at the election; and (3) is signed by at least 100 registered voters of the district as determined by the most recent official list of registered voters. (c) The board by order shall set a time and place to hold a hearing on the petition. The board shall set a date for the hearing that is not earlier than the 11th day after the date the board issues the order. (d) If, after the hearing, the board determines that the petition is in proper form and that an increase of the maximum tax rate would benefit the district, the board shall order an election to authorize the increase of the maximum tax rate to the tax rate stated in the petition. (e) The election order must state: (1) the nature of the election, including the proposition that is to appear on the ballot; (2) the maximum tax rate to be voted on at the election; (3) the date of the election; (4) the hours during which the polls will be open; and (5) the location of the polling places. (f) The election shall be held not earlier than the 45th day and not later than the 60th day after the date the election is ordered. (g) Section 41.001(a), Election Code, does not apply to an election ordered under this subchapter. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.01, eff. April 1, 2007.