Texas 2009 - 81st Regular

Texas House Bill HB4429 Compare Versions

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Old	New	Differences
1	1	81R30089 SMH-D
2	2	By: Chisum H.B. No. 4429
3	3	Substitute the following for H.B. No. 4429:
4	4	By: Hartnett C.S.H.B. No. 4429
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a school district to impose ad valorem
10	10	taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 26.08, Tax Code, is amended by adding
13	13	Subsection (p) to read as follows:
14	14	(p) This subsection applies only to a school district that
15	15	borders another state of the United States, includes within its
16	16	territory at least 75 percent but not more than 85 percent of the
17	17	territory of a single county, and has at least 500 but not more than
18	18	1,000 students in weighted average daily attendance as defined by
19	19	Section 42.302, Education Code. Notwithstanding Subsections (i),
20	20	(n), and (o), if for the preceding tax year the district adopted a
21	21	maintenance and operations tax rate that was less than the
22	22	district's effective maintenance and operations tax rate for that
23	23	preceding tax year, the rollback tax rate of the district for the
24	24	current tax year is calculated as if the district adopted a
25	25	maintenance and operations tax rate for the preceding tax year that
26	26	was equal to the district's effective maintenance and operations
27	27	tax rate for that preceding tax year.
28	28	SECTION 2. Section 45.001(a), Education Code, is amended to
29	29	read as follows:
30	30	(a) The governing board of an independent school district,
31	31	including the city council or commission that has jurisdiction over
32	32	a municipally controlled independent school district, the
33	33	governing board of a rural high school district, and the
34	34	commissioners court of a county, on behalf of each common school
35	35	district under its jurisdiction, may:
36	36	(1) issue bonds for:
37	37	(A) the construction, acquisition, and equipment
38	38	of school buildings in the district;
39	39	(B) the acquisition of property or the
40	40	refinancing of property financed under a contract entered under
41	41	Subchapter A, Chapter 271, Local Government Code, regardless of
42	42	whether payment obligations under the contract are due in the
43	43	current year or a future year;
44	44	(C) the purchase of the necessary sites for
45	45	school buildings; and
46	46	(D) the purchase of new school buses; and
47	47	(2) may levy, pledge, assess, and collect annual ad
48	48	valorem taxes sufficient to pay the principal of and interest on the
49	49	bonds as or before the principal and interest become due, subject to
50	50	Section 45.003.
51	51	SECTION 3. (a) The change in law made by this Act applies
52	52	to the ad valorem tax rate of a school district beginning with the
53	53	2009 tax year, except as provided by Subsection (b) of this section.
54	54	(b) If the governing body of a school district adopted an ad
55	55	valorem tax rate for the school district for the 2009 tax year
56	56	before the effective date of this Act, the change in law made by
57	57	this Act applies to the ad valorem tax rate of that school district
58	58	beginning with the 2010 tax year, and the law in effect when the tax
59	59	rate was adopted applies to the 2009 tax year with respect to that
60	60	school district.
61	61	SECTION 4. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2009.