| (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.
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