Certain school districts may use these bond and credit-agreement powers only if the section’s student or bond-size thresholds are met, but they must include a tax question in the bond proposition and stay within the stated bond caps.
Sec. 45.0011. CREDIT AGREEMENTS IN CERTAIN SCHOOL DISTRICTS. (a) This section applies only to an independent school district that, at the time of the issuance of obligations and execution of credit agreements under this section, has: (1) at least 2,000 students in average daily attendance; or (2) a combined aggregate principal amount of at least $50 million of outstanding bonds and voted but unissued bonds. (b) A district to which this section applies may, in the issuance of bonds as provided by Sections 45.001 and 45.003(b)(1), exercise the powers granted to the governing body of an issuer with regard to the issuance of obligations and execution of credit agreements under Chapter 1371, Government Code. (c) A proposition to issue bonds to which this section applies must, in addition to meeting the requirements of Section 45.003(b)(1), include the question of whether the governing board or commissioners court may levy, pledge, assess, and collect annual ad valorem taxes, on all taxable property in the district, sufficient, without limit as to rate or amount, to pay the principal of and interest on the bonds and the costs of any credit agreements executed in connection with the bonds. (d) A district may not issue bonds to which this section applies in an amount greater than the greater of: (1) 25 percent of the sum of: (A) the aggregate principal amount of all district debt payable from ad valorem taxes that is outstanding at the time the bonds are issued; and (B) the aggregate principal amount of all bonds payable from ad valorem taxes that have been authorized but not issued; (2) $25 million, in a district that has at least 3,500 but not more than 15,000 students in average daily attendance; or (3) $50 million, in a district that has more than 15,000 students in average daily attendance. (e) In this section, average daily attendance is determined in the manner provided by Section 48.005. (f) Sections 1371.057 and 1371.059, Government Code, govern approval by the attorney general of obligations issued under the authority of this section. Added by Acts 1999, 76th Leg., ch. 1536, Sec. 2, eff. June 19, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.207, eff. Sept. 1, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.051, eff. September 1, 2019.