Tex.
Local Gov't Code Section 140.008
Annual Report of Certain Financial Information
(a)
In this section:(1)
“Debt obligation” means an issued public security, as defined by Section 1201.002 (Definitions), Government Code.(2)
“Political subdivision” means a county, municipality, school district, junior college district, other special district, or other subdivision of state government. The term does not include a special purpose district described by Section 403.0241 (Special Purpose District Public Information Database)(b), Government Code.(b)
A political subdivision shall annually compile and report the following financial information in the manner prescribed by this section:(1)
as of the last day of the preceding fiscal year, debt obligation information for the political subdivision that must state:(A)
the amount of all authorized debt obligations;(B)
the principal of all outstanding debt obligations;(C)
the principal of each outstanding debt obligation;(D)
the combined principal and interest required to pay all outstanding debt obligations on time and in full;(E)
the combined principal and interest required to pay each outstanding debt obligation on time and in full;(F)
the amounts required by Paragraphs (A)-(E) limited to authorized and outstanding debt obligations secured by ad valorem taxation, expressed as a total amount and, if the political subdivision is a municipality, county, or school district, as a per capita amount; and(G)
the following for each debt obligation:(i)
the issued and unissued amount;(ii)
the spent and unspent amount;(iii)
the maturity date; and(iv)
the stated purpose for which the debt obligation was authorized;(2)
the current credit rating given by any nationally recognized credit rating organization to debt obligations of the political subdivision; and(3)
any other information that the political subdivision considers relevant or necessary to explain the values required by Subdivisions (1)(A)-(F), including:(A)
an amount required by Subdivision (1)(F) stated as a per capita amount if the political subdivision is not required to provide the amount under that paragraph;(B)
an explanation of the payment sources for the different types of debt; and(C)
a projected per capita amount of an amount required by Subdivision (1)(F), as of the last day of the maximum term of the most recent debt obligation issued by the political subdivision.(c)
Instead of replicating in the annual report information required by Subsection (b) that is posted separately on the political subdivision’s Internet website, the political subdivision may provide in the report a direct link to, or a clear statement describing the location of, the separately posted information.(d)
As an alternative to providing an annual report under Subsection (f), a political subdivision may provide to the comptroller the information described by Subsection (b) and any other related information required by the comptroller in the form and in the manner prescribed by the comptroller. The comptroller shall post the information provided by the political subdivision and any other information the comptroller considers relevant or necessary on the comptroller’s Internet website. The comptroller may post the information in the format that the comptroller determines appropriate, provided that the information for each political subdivision is easily located by searching the name of the political subdivision on the Internet. If the political subdivision maintains an Internet website, the political subdivision shall provide a link from the website to the location on the comptroller’s website where the political subdivision’s financial information may be viewed. The comptroller shall adopt rules necessary to implement this subsection.(e)
This subsection applies only to a municipality with a population of less than 15,000 or a county with a population of less than 35,000. As an alternative to providing an annual report under Subsection (f), a municipality or county may provide to the comptroller, in the form and in the manner prescribed by the comptroller, a document that includes the information described by Subsection (b). The comptroller shall post the information from the document submitted under this subsection on the comptroller’s Internet website on a web page that is easily located by searching the name of the municipality or county on the Internet. If the municipality or county maintains or causes to be maintained an Internet website, the municipality or county shall provide a link from the website to the web page on the comptroller’s website where the information may be viewed. The comptroller shall adopt rules necessary to implement this subsection.(f)
Except as provided by Subsection (d) or (e), the governing body of a political subdivision shall take action to ensure that:(1)
the political subdivision’s annual report is made available for inspection by any person and is posted continuously on the political subdivision’s Internet website until the political subdivision posts the next annual report; and(2)
the contact information for the main office of the political subdivision is continuously posted on the website, including the physical address, the mailing address, the main telephone number, and an e-mail address.(g)
Notwithstanding any other provision of this section, a district, as defined by Section 49.001 (Definitions), Water Code, satisfies the requirements of this section if, on an annual basis, the district:(1)
complies with the requirements of Subchapter G (Duty to Audit), Chapter 49 (Provisions Applicable to All Districts), Water Code, regarding audit reports, affidavits of financial dormancy, and annual financial reports; and(2)
either:(A)
submits the financial documents described by Subchapter G (Duty to Audit), Chapter 49 (Provisions Applicable to All Districts), Water Code, to the comptroller in the form and manner prescribed by the comptroller; or(B)
takes action to ensure that the financial documents described by Subchapter G (Duty to Audit), Chapter 49 (Provisions Applicable to All Districts), Water Code, are made available at a regular office of the district for inspection by any person and, if the district maintains an Internet website, are posted continuously for public viewing on the district’s Internet website.(h)
The comptroller shall post the documents submitted to the comptroller under Subsection (g) and any other information the comptroller considers relevant or necessary on the comptroller’s Internet website, to the extent that the documents as submitted to the comptroller are in a form that facilitates compliance with applicable technical accessibility standards and specifications established in the electronic and information resources accessibility policy adopted by the comptroller under other law. The comptroller shall adopt rules necessary to implement this subsection and Subsection (g).(i)
If information required to be posted by the comptroller under this section is posted separately on an Internet website that a state agency, the comptroller, or a political subdivision, including a district as defined by Section 49.001 (Definitions), Water Code, maintains or causes to be maintained, the comptroller may post on the comptroller’s Internet website a direct link to, or a clear statement describing the location of, the separately posted information instead of or in addition to reproducing the required information on the comptroller’s website.
Source:
Section 140.008 — Annual Report of Certain Financial Information, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.140.htm#140.008 (accessed May 18, 2024).
