Does Texas's ballot-language law for bond and tax votes apply to junior college district elections?

Plain-English summary

Jim Jackson, then chair of the Texas House Committee on Judiciary and Civil Jurisprudence, asked a clean yes-or-no question: does a 2011 ballot-language law apply to every election, including the elections that create junior college districts?

The law in question, subsection 52.072(e) of the Election Code, tells election authorities what a ballot proposition must spell out when voters are asked to approve bonds or a tax. For bonds, the proposition must state the total principal amount of the bonds to be authorized and a general description of the purposes for which they are to be authorized. For a tax imposition or increase, it must state the amount or maximum tax rate. For a tax reduction, it must state the amount of the reduction or the resulting tax rate. The opinion noted that the word "shall" imposes a duty, so those requirements are mandatory.

Junior college districts are created under section 130.037 of the Education Code, which directs the commissioners court to order an election to form the district and to submit the questions of issuing bonds and levying taxes. The opinion saw no conflict between the two statutes: the ballot-content rule in subsection 52.072(e) fits alongside the election directive in section 130.037. And even if there were a conflict, the Election Code supersedes a conflicting outside statute unless the Code or the outside statute expressly provides otherwise, and neither did. The opinion therefore concluded that subsection 52.072(e) applies to all elections, including those governed by section 130.037.

Currency note

This opinion was issued in 2012. Subsequent statutory amendments, court decisions, or later Attorney General opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant for those who asked

The House committee chair (as the opinion described it): The opinion gave a direct answer. The ballot-language requirements of subsection 52.072(e) reach all elections, with no exception for those governed by section 130.037 of the Education Code.

Junior college districts and the commissioners courts that order their elections (as the opinion held for them): When they put bond or tax questions to voters under section 130.037, the propositions had to include the specifics that subsection 52.072(e) requires, such as the total principal amount of bonds or the maximum tax rate.

Election officials drafting ballots (as the opinion described it): The opinion treated the requirement as mandatory, because "shall" imposes a duty, and explained that the Election Code controls over a conflicting outside statute unless one of them expressly provides otherwise.

Common questions

Does the ballot-language law apply to junior college district elections?
Yes. The opinion concluded that subsection 52.072(e) of the Election Code applies to all elections, including those governed by section 130.037 of the Education Code.

What does a bond proposition have to say under this law?
According to the opinion, it must state the total principal amount of the bonds to be authorized and a general description of the purposes for which the bonds are to be authorized, if approved.

What about a tax proposition?
The opinion explained that a proposition to impose or increase a tax must state the amount or maximum tax rate, and a proposition to reduce a tax must state the amount of the reduction or the tax rate for which approval is sought.

What happens if a junior college election statute seems to conflict with the ballot-language rule?
The opinion found no conflict, but it added that if there were one, subsection 52.072(e) would prevail because the Election Code supersedes a conflicting outside statute unless one of them expressly provides otherwise.

Background and statutory framework

Chapter 52 of the Election Code prescribes ballot form, content, and preparation. Subsection 52.072(e), added by the Eighty-second Legislature, lists what a bond or tax proposition must specifically state. Tex. Elec. Code Ann. § 52.072(e) (West Supp. 2011). The opinion read "shall" as imposing a mandatory duty. Tex. Gov't Code Ann. § 311.016 (West 2005).

Junior college districts fall under subchapter C of chapter 130 of the Education Code, see Tex. Educ. Code Ann. § 130.031 (West 2002), with section 130.037 directing the commissioners court to order a formation election and submit bond and tax questions. Applying the plain-meaning rule, Iliff v. Iliff, 339 S.W.3d 74, 79 (Tex. 2011), and the Election Code's reach over all general, special, and primary elections plus its supremacy over conflicting outside statutes, Tex. Elec. Code Ann. § 1.002(a) (West 2010), the opinion concluded subsection 52.072(e) governs these elections. A footnote noted that former Article 2.01b had been recodified into chapter 41, where section 41.001 sets the uniform election dates.

Citations

Cases:

• Iliff v. Iliff, 339 S.W.3d 74, 79 (Tex. 2011)

Statutes:

• Tex. Elec. Code Ann. § 52.072(e) (West Supp. 2011)
• Tex. Elec. Code Ann. § 1.002(a) (West 2010)
• Tex. Elec. Code Ann. § 41.001 (West Supp. 2011)
• Tex. Educ. Code Ann. § 130.031 (West 2002)
• Tex. Educ. Code Ann. § 130.037
• Tex. Gov't Code Ann. § 311.016 (West 2005)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0922
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2012/ga0922.pdf

Original opinion text

Best-effort transcription from the official PDF. Minor extraction artifacts were corrected; the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS
GREG ABBOTT

May 7, 2012

The Honorable Jim Jackson Opinion No. GA-0922
Chair, Committee on Judiciary and Civil
Jurisprudence Re: Whether subsection 52.072(e) of the Election
Texas House of Representatives Code applies to all elections, including those
Post Office Box 2910 governed by section 130.037 of the Education Code
Austin, Texas 78768-2910 (RQ-1006-GA)

Dear Representative Jackson:

You ask whether subsection 52.072(e) of the Election Code applies to all elections, including those governed by section 130.037 of the Education Code.[1]

Chapter 52 of the Election Code prescribes the ballot form as well as its content and preparation. Subsection 52.072(e), added by the Eighty-second Legislature, provides as follows:

(e) In addition to any other requirement imposed by law for a proposition, including a provision prescribing the proposition language, a proposition submitted to the voters for approval of the issuance of bonds or the imposition, increase, or reduction of a tax shall specifically state, as applicable:

(1) with respect to a proposition seeking voter approval of the issuance of bonds:

(A) the total principal amount of the bonds to be authorized; and

(B) a general description of the purposes for which the bonds are to be authorized, if approved;

(2) with respect to a proposition that only seeks voter approval of the imposition or increase of a tax, the amount of or maximum tax rate of the tax or tax increase for which approval is sought; or

(3) with respect to a proposition that only seeks voter approval of the reduction of a tax, the amount of tax rate reduction or the tax rate for which approval is sought.

TEX. ELEC. CODE ANN. § 52.072(e) (West Supp. 2011) (emphasis added). The word "shall" imposes a duty and thus subsection 52.072(e) is mandatory. TEX. GOV'T CODE ANN. § 311.016 (West 2005) ("'shall' imposes a duty").

Subchapter C, chapter 130 of the Education Code is applicable to certain kinds of junior college districts. See TEX. EDUC. CODE ANN. § 130.031 (West 2002) (describing types of junior college districts established by subchapter C of chapter 130). Section 130.037 thereof states:

If the coordinating board approves the establishment of the junior college district, it shall then be the duty of the commissioners court or courts to enter an order for an election to be held in the proposed territory at the next authorized election date as provided in Article 2.01b of the Election Code,[2] to determine whether or not such junior college district be created and formed and to submit the questions of issuing bonds and levying bond taxes, and levying maintenance taxes, in the event the district is created. The order shall contain a description of the metes and bounds of the junior college district to be formed and fix the date of the election.

Id. § 130.037 (footnote added).[3]

Where the language of a statute is unambiguous and yields only one reasonable interpretation, the courts, and this office, must construe the statute "according to its plain meaning." Iliff v. Iliff, 339 S.W.3d 74, 79 (Tex. 2011). The Election Code is applicable to all general, special, and primary elections held in this state. TEX. ELEC. CODE ANN. § 1.002(a) (West 2010). Moreover, the Election Code supersedes any conflicting statute outside the Code unless the Code or the outside statute expressly provides otherwise. Id. § 1.002(b). With regard to the language of ballot propositions about voter approval of bonds and the imposition of taxes therefor, we perceive no conflict between subsection 52.072(e) of the Election Code and section 130.037 of the Education Code. If there were to be any conflict, however, subsection 52.072(e) would prevail, because neither the Election Code nor section 130.037 provides otherwise.

We conclude that subsection 52.072(e) of the Election Code applies to all elections, including those governed by section 130.037 of the Education Code.

SUMMARY

Subsection 52.072(e) of the Election Code applies to all elections, including those governed by section 130.037 of the Education Code.

Very truly yours,

DANIEL T. HODGE
First Assistant Attorney General

DAVID J. SCHENCK
Deputy Attorney General for Legal Counsel

JASON BOATRIGHT
Chair, Opinion Committee

Rick Gilpin
Assistant Attorney General, Opinion Committee

[1] Letter from Honorable Jim Jackson, Chair, House Comm. on Judiciary & Civil Jurisprudence, to Honorable Greg Abbott, Attorney General of Texas (Oct. 19, 2011), http://www.texasattorneygeneral.gov/opin ("Request Letter").

[2] Article 2.01b of the Election Code was repealed and recodified. See TEX. ELEC. CODE ANN. ch. 41 (West 2010 & Supp. 2011).

[3] Section 41.001 of the Election Code prescribes uniform election dates for each general or special election in this state. TEX. ELEC. CODE ANN. § 41.001 (West Supp. 2011).