SECTION 53.14. Elections

(a) Types of Elections. Proceedings of the following elections must be submitted with the first transcript of proposed public securities utilizing the authority acquired through the election:

(1) an election authorizing the issuance of public securities;

(2) an election authorizing the levy or imposition of a tax or other security pledged to the payment of public securities;

(3) an election creating or incorporating, or confirming the creation of, an issuer;

(4) an election approving a home rule charter for a municipality; and

(5) elections discussed in other subchapters of this chapter. Proceedings of state elections, including amendments to the Constitution, are not required.

(b) Election Contest Period. When the proceedings of an election held pursuant to the Election Code are submitted as part of the record of proceedings, the proposed public securities will not be approved until the time for filing a petition for an election contest has expired in accordance with §233.006 of the Election Code or, if an election contest has been filed, a final, nonappealable judicial order that does not overturn the election has been obtained.

(c) Election Proceedings. Election proceedings must include the following:

(1) Official Action Calling the Election. A certified copy of the action taken by the governing body calling the election; the official action must include the elements required by all applicable law;

(2) Election Notice. Affidavits of publication, and/or certificates of posting or mailing, as required by law, of notice of an election, in English and other languages as required by law with a copy of the election notice; the election notice must contain the elements required by applicable law;

(3) Official Action Canvassing the Election. A certified copy of the action taken by the governing body canvassing the results of the election, including the total number of votes for and against a proposition;

(4) Compliance with the Election Code. Certification as to compliance with the Election Code, including particularly the giving of notice of an election to the county clerk pursuant to §4.008 of the Election Code and the bilingual requirements of Chapter 272 of the Election Code, or explaining why these requirements are not applicable to the election; and

(5) Home Rule Charter Election. For an election approving a home rule charter for a municipality, certification as to compliance with §9.003(b) and §9.007 of the Local Government Code.

Source Note: The provisions of this §53.14 adopted to be effective January 5, 2017, 41 TexReg 10543