By:  Gutierrez                                        H.B. No. 1624
       73R3975 CAE-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to unified school district systems.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The title of Subchapter G, Chapter 20, Education
    1-5  Code, is amended to read as follows:
    1-6            SUBCHAPTER G.  UNIFIED SCHOOL DISTRICT SYSTEMS
    1-7                     <COUNTY EDUCATION DISTRICTS>
    1-8        SECTION 2.  Sections 20.941(a) and (b),  Education Code, are
    1-9  amended to read as follows:
   1-10        (a)  For each school district with taxable property values in
   1-11  excess of $280,000 per weighted student in average daily attendance
   1-12  the commissioner of education shall establish a unified school
   1-13  district system that includes the district with the excess property
   1-14  values plus one or more additional school districts so that the
   1-15  aggregate taxable property values of the districts included in the
   1-16  system divided by the total number of weighted students in the
   1-17  system results in a quotient that is less than $280,000.  <Each
   1-18  school district in this state is included in a county education
   1-19  district.  A county education district is composed of all school
   1-20  districts that are assigned to a single county in the 1990-1991
   1-21  Texas School Directory published by the Central Education Agency,
   1-22  except as provided by Subsection (b) of this section.>
   1-23        (b)  The commissioner must issue an order establishing a
   1-24  unified school district system not later than April 1 of each
    2-1  calendar year.  <The school districts that are assigned to a county
    2-2  in each of the following groups of counties in the 1990-1991 Texas
    2-3  School Directory published by the Central Education Agency
    2-4  constitute a county education district:>
    2-5              <(1)  Midland and Andrews>
    2-6              <(2)  Victoria and Calhoun>
    2-7              <(3)  Armstrong, Carson, and Randall>
    2-8              <(4)  Liberty and Chambers>
    2-9              <(5)  Bailey and Cochran>
   2-10              <(6)  Gaines, Borden, Dawson, Lubbock, Lynn, Terry, and
   2-11  Yoakum>
   2-12              <(7)  Howard and Glasscock>
   2-13              <(8)  Hale and Hockley>
   2-14              <(9)  Schleicher, Tom Green, Sterling, and Irion>
   2-15              <(10)  Hidalgo and Kenedy>
   2-16              <(11)  Kent, Crosby, Fisher, Garza, and Scurry>
   2-17              <(12)  King, Cottle, Knox, and Dickens>
   2-18              <(13)  Limestone and Falls>
   2-19              <(14)  Lipscomb, Gray, Hemphill, Hutchinson, Ochiltree,
   2-20  and Roberts>
   2-21              <(15)  Mason, San Saba, and Llano>
   2-22              <(16)  Matagorda, Jackson, and Wharton>
   2-23              <(17)  Frio and McMullen>
   2-24              <(18)  Pecos, Crockett, Jeff Davis, Kinney, Presidio,
   2-25  and Val Verde>
   2-26              <(19)  Bee and Refugio>
   2-27              <(20)  Sherman, Dallam, Hansford, Moore, and Potter>
    3-1              <(21)  Somervell, Bosque, Erath, Hill, and Johnson>
    3-2              <(22)  Kimble and Sutton>
    3-3              <(23)  Brewster and Terrell>
    3-4              <(24)  Upton, Crane, Ector, and Reagan>
    3-5              <(25)  Wheeler, Collingsworth, and Donley>
    3-6              <(26)  Loving, Winkler, Culberson, Reeves, and Ward>
    3-7              <(27)  Starr and Zapata>
    3-8              <(28)  Stonewall and Jones>
    3-9              <(29)  Aransas and San Patricio>
   3-10              <(30)  Leon and Anderson>
   3-11              <(31)  Panola and Shelby>
   3-12        SECTION 3.  Section 20.942, Education Code, is amended to
   3-13  read as follows:
   3-14        Sec. 20.942.  AUTHORIZATION.  Each unified school district
   3-15  system <county education district> is an independent school
   3-16  district established <by the consolidation of the local school
   3-17  districts in its boundaries> for the limited purpose of exercising
   3-18  <a portion of> the taxing power <previously> authorized by Article
   3-19  VII, Section 3, of the Texas Constitution <the voters in those
   3-20  school districts> and of distributing revenue of the system <county
   3-21  education district> to its component school districts <those
   3-22  districts>.
   3-23        SECTION 4.  Section 20.943, Education Code, is amended to
   3-24  read as follows:
   3-25        Sec. 20.943.  GOVERNANCE.  (a)  A unified school district
   3-26  system <county education district> is governed by a board of
   3-27  trustees appointed by the respective boards of trustees of its
    4-1  component school districts.
    4-2        (b)  Except as provided by this subsection, the board of
    4-3  trustees of each component school district shall appoint one of its
    4-4  members to serve on the board of trustees of the unified school
    4-5  district system <county education district>.  If a system <county
    4-6  education district> is composed of fewer than three component
    4-7  districts, the board of trustees of each component district shall
    4-8  appoint two of its members to serve on the board of trustees of the
    4-9  system <county education district>.  An appointed member of the
   4-10  board of trustees serves at the pleasure of the appointing school
   4-11  district's board of trustees and may be replaced at any time by
   4-12  that board.  Service on the system <county education district>
   4-13  board is an additional duty of office of the member serving.
   4-14        (c)  A vote cast by a member of the board of trustees bears
   4-15  the same proportional value to the total number of votes cast by
   4-16  all trustees that the total number of registered voters in that
   4-17  member's component school district bears to the total number of
   4-18  registered voters in the unified school district system of which it
   4-19  is a component.  If a school district is represented by two
   4-20  trustees, the proportional value of the vote attributed to the
   4-21  district is shared equally by the trustees.  The secretary of state
   4-22  shall determine and certify to the board of trustees the total
   4-23  number of registered voters in each component school district and
   4-24  the proportional value of each member's vote.
   4-25        (d)  A unified school district system <county education
   4-26  district> has the authority granted to other independent school
   4-27  districts under:
    5-1              (1)  Section 23.26(a) of this code;
    5-2              (2)  Section 23.26(c) of this code, as it applies to
    5-3  personal property;
    5-4              (3)  Subchapter C, Chapter 23, of this code; and
    5-5              (4)  Subchapter E, Chapter 23, of this code.
    5-6        (e) <(d)>  A unified school district system <county education
    5-7  district> may enter into contracts and may employ personnel only as
    5-8  necessary for the performance of the duties of the system
    5-9  <district>.
   5-10        (f) <(e)>  The commissioner of education may adopt rules
   5-11  relating to the operation and administration of unified school
   5-12  district systems <county education districts>.
   5-13        SECTION 5.  Section 20.944(a), Education Code, is amended to
   5-14  read as follows:
   5-15        (a)  A majority of the members of the board of trustees of a
   5-16  unified school <county education>  district system constitutes a
   5-17  quorum.
   5-18        SECTION 6.  Section 20.9441, Education Code, is amended to
   5-19  read as follows:
   5-20        Sec. 20.9441.  LIABILITY INSURANCE COVERAGE.  A member of the
   5-21  board of trustees of a component school district who is designated
   5-22  to serve as a member of the board of trustees of a unified school
   5-23  <county education> district system and who is covered by a
   5-24  liability insurance policy obtained by the school district covering
   5-25  the member's acts and omissions in the member's capacity as a
   5-26  school board member is entitled to analogous liability insurance
   5-27  coverage of the member's acts and omissions in the member's
    6-1  capacity as a member of the board of trustees of the system <county
    6-2  education district>.  An insurance company may not sell liability
    6-3  insurance coverage to a school district covering the acts and
    6-4  omissions of school board members in their capacity as board
    6-5  members unless the policy also provides coverage for acts and
    6-6  omissions of a school board member in the member's capacity as a
    6-7  member of the board of trustees of a unified school <county
    6-8  education> district system.
    6-9        SECTION 7.  Subchapter G, Chapter 20, Education Code, is
   6-10  amended by adding Section 20.9442 to read as follows:
   6-11        Sec. 20.9442.  TAX AUTHORIZATION ELECTION.  (a)  The board of
   6-12  trustees of each unified school district system shall order an
   6-13  election to be held as early as possible after the creation of the
   6-14  system to determine whether or not the system shall be authorized
   6-15  to levy a tax at a rate determined by the board.  The rate
   6-16  determined by the board may not exceed $0.90 per $100 valuation of
   6-17  property in the system.  Section 41.001, Election Code, does not
   6-18  apply to an election under this section.
   6-19        (b)  At the tax authorization election the ballot shall be
   6-20  prepared to permit voting for or against the proposition:  "The
   6-21  unified school district system tax not exceeding $0.90 on the $100
   6-22  valuation of property."
   6-23        (c)  Each component school district shall conduct the
   6-24  election and deliver the canvass of the vote to the unified school
   6-25  district system board of trustees.  The board of trustees shall
   6-26  conduct a final canvass not later than the second day after the
   6-27  receipt of all school district election returns and prepare a
    7-1  tabulation of the total number of votes received in each school
    7-2  district and the sum of the school district totals.  The
    7-3  proposition is approved only if the majority of the votes reflected
    7-4  in the sum of school district totals favors the proposition.  The
    7-5  board of trustees shall declare the results and retain the election
    7-6  returns and tabulations for the period for preserving precinct
    7-7  election records.
    7-8        (d)  If at the election the majority of the votes are cast
    7-9  against the proposition, the board of trustees may call another
   7-10  election for the same purpose on an authorized election date, as
   7-11  prescribed by Section 41.001, Election Code, occurring after the
   7-12  expiration of 60 days after the date of the prior election.
   7-13        SECTION 8.  Section 20.945, Education Code, is amended to
   7-14  read as follows:
   7-15        Sec. 20.945.  LEVY OF TAX; ASSESSMENT AND COLLECTION OF
   7-16  TAXES.  (a)  The board of trustees of a unified school <county
   7-17  education> district system shall levy a tax for the support of that
   7-18  system's component school districts at a rate not exceeding the
   7-19  rate necessary to collect its local fund assignment under Section
   7-20  16.252 of this code not later than September 1 of each year or as
   7-21  soon thereafter as practicable.
   7-22        (b)  Unless the board of trustees of the unified school
   7-23  <county education> district system provides for the assessment and
   7-24  collection of taxes levied by the system <district> through a
   7-25  contract with one or more appraisal districts or taxing units, each
   7-26  component school district within a system <county education
   7-27  district> shall be responsible for the assessment and collection of
    8-1  taxes levied by the board of trustees of the system <county
    8-2  education district> on all taxable property within the component
    8-3  school district at the same time and in the same manner as it
    8-4  assesses and collects its own taxes.  Each component school
    8-5  district shall bear the cost of assessing and collecting taxes
    8-6  levied by the system <county education district>, and shall have
    8-7  the legal authority to take actions on behalf of the system <county
    8-8  education district> to ensure the efficient collection of these
    8-9  taxes.
   8-10        (c)  Unified school district system tax revenue shall be
   8-11  apportioned to the system's component school districts on the basis
   8-12  of the component districts' shares of the taxable value of property
   8-13  in the system, but no district shall receive funds in excess of its
   8-14  entitlement under Section 16.254(a)(1) of this code less its
   8-15  distribution from the available school fund.
   8-16        SECTION 9.  Section 20.947, Education Code, is amended to
   8-17  read as follows:
   8-18        Sec. 20.947.  AUTHORITY OF COMPONENT SCHOOL DISTRICTS.  The
   8-19  boards of trustees of the component school districts in a unified
   8-20  school <county education> district system retain the authority
   8-21  granted them elsewhere in this code<, except the authority to levy
   8-22  that portion of their former taxing authority exercised by the
   8-23  county education district>.
   8-24        SECTION 10.  Subchapter G, Chapter 20, Education Code, is
   8-25  amended by adding Section 20.952 to read as follows:
   8-26        Sec. 20.952.  CREATION OF COUNTYWIDE SCHOOL DISTRICTS.  (a)
   8-27  If the voters of a unified school district system fail to authorize
    9-1  a system tax on or before September 1, 1993, the commissioner of
    9-2  education by order shall attach each component school district
    9-3  included in the system to the component school district that has
    9-4  the greatest number of students in average daily attendance.  The
    9-5  governing board of that school district shall serve as the board of
    9-6  trustees of the enlarged district until the next regular trustee
    9-7  election at which time a new board of trustees shall be elected by
    9-8  the voters of the enlarged district.
    9-9        (b)  If a unified school district system fails to levy a tax
   9-10  at a rate that will generate revenue equal to not less than 95
   9-11  percent of the system's local fund assignment under Section 16.252
   9-12  of this code, the commissioner shall order the attachment of the
   9-13  component districts in the manner prescribed by Subsection (a) of
   9-14  this section.
   9-15        SECTION 11.  Section 16.007(a), Education Code, is amended to
   9-16  read as follows:
   9-17        (a)  Each school district and each unified school <county
   9-18  education> district system shall participate in the Public
   9-19  Education Information Management System (PEIMS) and shall provide
   9-20  through that system information required for the administration of
   9-21  this chapter and of other appropriate provisions of this code.
   9-22        SECTION 12.  Subchapter B, Chapter 16, Education Code, is
   9-23  amended by adding Section 16.058 to read as follows:
   9-24        Sec. 16.058.  REQUIRED LOCAL FUNDING.  A school district must
   9-25  raise or receive from the unified school district system of which
   9-26  the school district is a component an amount of local funds that is
   9-27  not less than 95 percent of the amount assigned or reallocated to
   10-1  the school district under Section 16.252 of this code.
   10-2        SECTION 13.  Section 16.251(b), Education Code, is amended to
   10-3  read as follows:
   10-4        (b)  The program shall be financed by:
   10-5              (1)  ad valorem tax revenue generated by an equalized
   10-6  uniform <county education district> effort by school districts or
   10-7  by unified school district systems on behalf of their component
   10-8  school districts;
   10-9              (2)  ad valorem tax revenue generated by local school
  10-10  district effort in excess of the equalized uniform <county
  10-11  education district> effort;
  10-12              (3)  state available school funds distributed in
  10-13  accordance with law; and
  10-14              (4)  state funds appropriated for the purposes of
  10-15  public school education and allocated to each district in an amount
  10-16  sufficient to finance the cost of each district's Foundation School
  10-17  Program not covered by other funds specified in this subsection.
  10-18        SECTION 14.  Section 16.252, Education Code, is amended to
  10-19  read as follows:
  10-20        Sec. 16.252.  LOCAL SHARE OF PROGRAM COST (TIER ONE).  (a)
  10-21  The local <Each county education district's> share of the cost of
  10-22  the Foundation School Program assigned to each unified school
  10-23  district system and to each school district that is not a component
  10-24  of a unified school district system shall be an amount determined
  10-25  by the following formula:
  10-26  where:
  10-27        "LFA" is the system's or <county education> district's local
   11-1  share;
   11-2        "TR" is a tax rate which for each hundred dollars of
   11-3  valuation is <$0.72 for the 1991-1992 school year, $0.82 for the
   11-4  1992-1993 school year,> $0.92 for the 1993-1994 school year, and
   11-5  $1.00 for each school year thereafter; and
   11-6        "DPV" is the taxable value of property in the system or
   11-7  <county education> district for the prior tax year determined under
   11-8  Section 11.86 of this code.
   11-9        (b)  The commissioner of education shall adjust the values
  11-10  reported in the official report of the comptroller as required by
  11-11  Section 5.09(a), <Property> Tax Code, to reflect reductions in
  11-12  taxable value of property resulting from natural or economic
  11-13  disaster after January 1 in the year in which the valuations are
  11-14  determined.  The decision of the commissioner of education shall be
  11-15  final.  An adjustment does not affect the local fund assignment of
  11-16  any other system or <county education> district.
  11-17        (c)  Appeals of district values shall be held pursuant to
  11-18  Subsection (e) of Section 11.86 of this code.
  11-19        (d)  The commissioner of education shall allocate each
  11-20  unified school district system's local fund assignment among its
  11-21  component school districts on the basis of the component districts'
  11-22  shares of the taxable value of property in the system, except that
  11-23  no component district's share shall exceed that district's tier one
  11-24  program cost less the amount distributed to the component district
  11-25  from the available school fund.  <A county education district shall
  11-26  raise its total local share of the foundation school program.  The
  11-27  funds shall be reallocated to the school districts in the county
   12-1  education district in the manner prescribed by Subchapter J of this
   12-2  chapter.>
   12-3        (e)  The commissioner of education shall hear appeals from
   12-4  systems or <county education> districts which have experienced a
   12-5  rapid decline in tax base used in calculating the local fund
   12-6  assignment, exceeding eight percent of prior year, that is beyond
   12-7  the control of the board of trustees of the system or <county
   12-8  education> district.  The commissioner of education may adjust the
   12-9  system's or <county education> district's taxable values for local
  12-10  fund assignment purposes for such losses in value exceeding eight
  12-11  percent and thereby adjust the local fund assignment to reflect the
  12-12  local current year taxable value.  The decision of the commissioner
  12-13  of education shall be final.  An adjustment does not affect the
  12-14  local fund assignment of any other system or <county education>
  12-15  district.
  12-16        <(f)  For the purposes of Subsection (a) of this section, a
  12-17  county education district's "DPV" for the 1991-1992 school year is
  12-18  the sum of the taxable value of property for the prior tax year
  12-19  determined under Section 11.86 of this code for the school
  12-20  districts composing the county education district.  This subsection
  12-21  expires September 1, 1992.>
  12-22        SECTION 15.  Sections 16.254(a) and (b), Education Code, are
  12-23  amended to read as follows:
  12-24        (a)  The commissioner of education shall determine annually:
  12-25              (1)  the amount of money necessary to operate a
  12-26  Foundation School Program in each school district;
  12-27              (2)  the amount of each <local funds due the> school
   13-1  district's <district from the> local fund assignment <of the county
   13-2  education district>; and
   13-3              (3)  the amount of state available school funds
   13-4  distributed to each school district.
   13-5        (b)  The commissioner of education shall then grant to each
   13-6  school district from the Foundation School Program appropriation
   13-7  the amount of funds necessary to provide the difference between
   13-8  Subdivision (1) and the sum of Subdivisions (2) and (3) of
   13-9  Subsection (a) of this section.  However, if a school district
  13-10  fails to raise, or to receive from its unified school district
  13-11  system, sufficient local revenue to cover its local fund
  13-12  assignment, the commissioner shall reduce the amount granted to the
  13-13  district by the same proportion that the amount raised or received
  13-14  by the district bears to the district's local fund assignment.
  13-15        SECTION 16.  Section 16.302(a), Education Code, is amended to
  13-16  read as follows:
  13-17        (a)  Each school district is guaranteed a specified amount
  13-18  per weighted student in state and local funds for each cent of tax
  13-19  effort.  For a school district that is a component of a unified
  13-20  system, the amount is guaranteed for each cent of tax effort, and
  13-21  for a school district that is not a component of a unified system,
  13-22  the amount is guaranteed for each cent of tax effort over that
  13-23  required for the local fund assignment.  The amount guaranteed may
  13-24  not exceed <of the county education district in which the school
  13-25  district is located up to> the maximum level specified in this
  13-26  subchapter.  The amount of state support, subject only to the
  13-27  maximum amount under Section 16.303 of this code, is determined by
   14-1  the formula:
   14-2  where:
   14-3        "GYA" is the guaranteed yield amount of state funds to be
   14-4  allocated to the district;
   14-5        "GL" is the dollar amount guaranteed level of state and local
   14-6  funds per weighted student per cent of tax effort, which is <$21.50
   14-7  for the 1991-1992 school year, $22.50 for the 1992-1993 school
   14-8  year,> $26 for the 1993-1994 school year, and $28 for each school
   14-9  year thereafter, or a greater amount for any year provided by
  14-10  appropriation, or a greater amount adopted by the foundation school
  14-11  fund budget committee under Section 16.256(d) of this code for the
  14-12  1993-1994 or 1994-1995 school year or thereafter;
  14-13        "WADA", except as provided by Section 16.206 of this code, is
  14-14  the number of weighted students in average daily attendance, which
  14-15  is calculated by dividing the sum of the school district's
  14-16  allotments under Subchapters C and D of this chapter, less any
  14-17  allotments to the district for transportation, career ladder
  14-18  supplements, or technology and 50 percent of the adjustment under
  14-19  Section 16.102 of this code, by the basic allotment for the
  14-20  applicable year;
  14-21        "DTR" is the district enrichment and facilities tax rate of
  14-22  the school district, which for a district that is not a component
  14-23  of a unified system is determined by subtracting the local fund
  14-24  assignment of the school district from <dividing> the total amount
  14-25  of taxes collected by the school district for the applicable school
  14-26  year and dividing the result by the quotient of the district's
  14-27  taxable value of property as determined under Section 11.86 of this
   15-1  code divided by 100; and which for a district that is a component
   15-2  of a unified system is determined by dividing the total amount of
   15-3  taxes collected by the school district for the applicable school
   15-4  year by the quotient of the district's taxable value of property as
   15-5  determined under Section 11.86 of this code divided by 100; and
   15-6        "LR" is the local revenue, which is determined by multiplying
   15-7  "DTR" by the quotient of the district's taxable value of property
   15-8  as determined under Section 11.86 of this code divided by 100.
   15-9        SECTION 17.  Section 20.09, Education Code, is amended to
  15-10  read as follows:
  15-11        Sec. 20.09.  TAX LIMITATIONS.  (a)  Except as provided by
  15-12  Subsections (c) and (d) of this section, a school district that is
  15-13  a component of a unified school district system may not impose a
  15-14  total tax rate on the $100 valuation of taxable property that
  15-15  results in a levy that exceeds the levy that results from applying
  15-16  the following rate to the district's taxable value of property as
  15-17  determined under Section 11.86 of this code:
  15-18              (1)  <$0.78 for the 1991 tax year;>
  15-19              <(2)  $0.68 for the 1992 tax year;>
  15-20              <(3)>  $0.58 for the 1993 tax year; and
  15-21              (2) <(4)>  $0.50 for each subsequent tax year.
  15-22        (b)  A district may impose taxes under this chapter on the
  15-23  residence homestead of a person whose taxes for general elementary
  15-24  and secondary public school purposes are limited under Article
  15-25  VIII, Section 1-b(d), of the Texas Constitution, only to the extent
  15-26  that the imposition, when added to the taxes imposed on the
  15-27  homestead by a unified school district system <the county education
   16-1  district>, does not increase the person's tax liability for those
   16-2  purposes in violation of the constitutional limit.
   16-3        (c)  The portion of the total tax rate required to collect
   16-4  the taxes pledged and levied for the payment of principal and
   16-5  interest on debt authorized <to be issued by an election held on or
   16-6  before April 1, 1991,> and issued before September 1, 1993 <1992>,
   16-7  is not subject to the tax limitation under Subsection (a) of this
   16-8  section.
   16-9        (d)  Prior to the issuance of bonds other than bonds exempt
  16-10  under Subsection (c) of this section, a district that is a
  16-11  component of a unified school district system shall demonstrate to
  16-12  the attorney general with respect to the proposed bond issue a
  16-13  projected ability to pay the principal of and interest on the
  16-14  proposed bonds and all previously issued bonds, other than bonds
  16-15  exempt under Subsection (c) of this section, from a tax at a debt
  16-16  rate not to exceed $0.50 per $100 valuation and a total tax rate
  16-17  not to exceed the maximum rate under Subsection (a) of this
  16-18  section.  On approval of the bonds by the attorney general and
  16-19  issuance by the district, the district may levy a tax exceeding the
  16-20  limits established in Subsection (a) of this section if necessary
  16-21  to pay the principal of and interest on the bonds without reducing
  16-22  maintenance and operations expenditures for the district.
  16-23        SECTION 18.  Section 26.07(a), Tax Code, is amended to read
  16-24  as follows:
  16-25        (a)  If the governing body of a taxing unit other than a
  16-26  school district or unified school district system adopts a tax rate
  16-27  that exceeds the rollback tax rate calculated as provided by
   17-1  Section 26.04 of this code, the qualified voters of the taxing unit
   17-2  by petition may require that an election be held to determine
   17-3  whether or not to reduce the tax rate adopted for the current year
   17-4  to the rollback tax rate calculated as provided by Section 26.04 of
   17-5  this code.
   17-6        SECTION 19.  Section 26.08, Tax Code, is amended by adding
   17-7  Subsection (k) to read as follows:
   17-8        (k)  This section does not apply to a unified school district
   17-9  system.
  17-10        SECTION 20.  Sections 11.86(a) and (h), Education Code, are
  17-11  amended to read as follows:
  17-12        (a)  The comptroller shall conduct an annual study using
  17-13  comparable sales and generally accepted auditing and sampling
  17-14  techniques to determine the total value of all taxable property in
  17-15  each <county education> school district and each unified school
  17-16  district system <of its component school districts>.  The study
  17-17  shall determine the taxable value of all property and of each
  17-18  category of property within the district and the productivity value
  17-19  of all land that qualifies for appraisal on the basis of its
  17-20  productive capacity and for which the owner has applied for and
  17-21  received a productivity appraisal.  In conducting the study, the
  17-22  comptroller shall review the appraisal standards, procedures, and
  17-23  methodology used by each appraisal district to determine the
  17-24  taxable value of property in each school district.  The review must
  17-25  test the validity of the taxable values assigned to each category
  17-26  of property by the appraisal district:
  17-27              (1)  using, if appropriate, samples selected through
   18-1  generally accepted sampling techniques; and
   18-2              (2)  according to generally accepted standard
   18-3  valuation, statistical compilation, and analysis techniques.  If
   18-4  the comptroller finds in the annual study that generally accepted
   18-5  appraisal standards and practices were used by the appraisal
   18-6  district in valuing a particular category of property, and that the
   18-7  taxable values assigned to each category of property by the
   18-8  appraisal district are valid, the appraisal roll value of that
   18-9  category of property is presumed to represent taxable value.  In
  18-10  the absence of such a presumption, the comptroller shall estimate
  18-11  the taxable value of that category of property using generally
  18-12  accepted standard valuation, statistical compilation, and analysis
  18-13  techniques.  For the purposes of this section, "taxable value"
  18-14  means market value less:
  18-15                    (1)  the total dollar amount of any exemptions of
  18-16  part but not all of the value of taxable property required by the
  18-17  constitution or a statute that a district lawfully granted in the
  18-18  year that is the subject of the study;
  18-19                    (2)  the total dollar amount of any exemptions
  18-20  granted within a reinvestment zone under agreements authorized by
  18-21  the Property Redevelopment and Tax Abatement Act (Chapter 312, Tax
  18-22  Code);
  18-23                    (3)  the total dollar amount of any captured
  18-24  appraised value of property that is located in a reinvestment zone
  18-25  and that is eligible for tax increment financing under the Tax
  18-26  Increment Financing Act (Chapter 311, Tax Code);
  18-27                    (4)  the total dollar amount of any exemptions
   19-1  granted under Section 11.251, Tax Code;
   19-2                    (5)  the difference between the market value and
   19-3  the productivity value of land that qualifies for appraisal on the
   19-4  basis of its productive capacity, except that the productivity
   19-5  value may not exceed the fair market value of the land;
   19-6                    (6)  the portion of the appraised value of
   19-7  residence homesteads of the elderly on which school district taxes
   19-8  are not imposed in the year that is the subject of the study,
   19-9  calculated as if the residence homesteads were appraised at the
  19-10  full value required by law;
  19-11                    (7)  a portion of the market value of property
  19-12  not otherwise fully taxable by the district at market value because
  19-13  of action required by statute or the Texas Constitution that, if
  19-14  the tax rate adopted by the district is applied to it, produces an
  19-15  amount equal to the difference between the tax that the district
  19-16  would have imposed on the property if the property were fully
  19-17  taxable at market value and the tax that the district is actually
  19-18  authorized to impose on the property; and
  19-19                    (8)  the market value of all tangible personal
  19-20  property, other than manufactured homes, owned by a family or
  19-21  individual and not held or used for the production of income.
  19-22        (h)  For the purposes of this section, "school district"
  19-23  includes a unified school <county education> district system
  19-24  established under Subchapter G, Chapter 20, of this code.
  19-25        SECTION 21.  Section 1.04(12), Tax Code, is amended to read
  19-26  as follows:
  19-27              (12)  "Taxing unit" means a county, an incorporated
   20-1  city or town (including a home-rule city), a school district, <a
   20-2  county education district,> a special district or authority
   20-3  (including a junior college district, a hospital district, a
   20-4  district created by or pursuant to the Water Code, a mosquito
   20-5  control district, a fire prevention district, or a noxious weed
   20-6  control district), or any other political unit of this state,
   20-7  whether created by or pursuant to the constitution or a local,
   20-8  special, or general law, that is authorized to impose and is
   20-9  imposing ad valorem taxes on property even if the governing body of
  20-10  another political unit determines the tax rate for the unit or
  20-11  otherwise governs its affairs.
  20-12        SECTION 22.  Section 6.02(b), Tax Code, is amended to read as
  20-13  follows:
  20-14        (b)  A taxing unit <other than a county education district>
  20-15  that has boundaries extending into two or more counties may choose
  20-16  to participate in only one of the appraisal districts.  In that
  20-17  event, the boundaries of the district chosen extend outside the
  20-18  county to the extent of the unit's boundaries.  To be effective,
  20-19  the choice must be approved by resolution of the board of directors
  20-20  of the district chosen.  <A county education district that has
  20-21  boundaries extending into two or more counties must participate in
  20-22  each appraisal district in which one of its component school
  20-23  districts participates for purposes of appraisal of the component
  20-24  school district's territory.>
  20-25        SECTION 23.  Sections 6.03(c)-(e), Tax Code, are amended to
  20-26  read as follows:
  20-27        (c)  Members of the board of directors are appointed by vote
   21-1  of the governing bodies of the incorporated cities and towns, the
   21-2  school districts <other than the county education district>, and,
   21-3  if entitled to vote, the conservation and reclamation districts
   21-4  that participate in the district and of the county.  A governing
   21-5  body may cast all its votes for one candidate or distribute them
   21-6  among candidates for any number of directorships.  Conservation and
   21-7  reclamation districts are not entitled to vote unless at least one
   21-8  conservation and reclamation district in the district delivers to
   21-9  the chief appraiser a written request to nominate and vote on the
  21-10  board of directors by June 1 of each odd-numbered year.  On receipt
  21-11  of a request, the chief appraiser shall certify a list by June 15
  21-12  of all eligible conservation and reclamation districts that are
  21-13  imposing taxes and that participate in the district.
  21-14        (d)  The voting entitlement of a taxing unit that is entitled
  21-15  to vote for directors is determined by dividing the total dollar
  21-16  amount of property taxes imposed in the district by the taxing unit
  21-17  for the preceding tax year by the sum of the total dollar amount of
  21-18  property taxes imposed in the district for that year by each taxing
  21-19  unit that is entitled to vote, by multiplying the quotient by
  21-20  1,000, and by rounding the product to the nearest whole number.
  21-21  That number is multiplied by the number of directorships to be
  21-22  filled.  <For a school district, the total dollar amount of
  21-23  property taxes imposed in the district by the unit is considered to
  21-24  be the sum of the taxes imposed by the district and the revenue
  21-25  received by the district from the county education district.>  A
  21-26  taxing unit participating in two or more districts is entitled to
  21-27  vote in each district in which it participates, but only the taxes
   22-1  imposed in a district are used to calculate voting entitlement in
   22-2  that district.
   22-3        (e)  The chief appraiser shall calculate the number of votes
   22-4  to which each taxing unit other than a conservation and reclamation
   22-5  district is entitled and shall deliver written notice to each of
   22-6  those units of its voting entitlement before October 1 of each
   22-7  odd-numbered year.  The chief appraiser shall deliver the notice:
   22-8              (1)  to the county judge and each commissioner of the
   22-9  county served by the appraisal district;
  22-10              (2)  to the presiding officer of the governing body of
  22-11  each city or town participating in the appraisal district, to the
  22-12  city manager of each city or town having a city manager, and to the
  22-13  city secretary or clerk, if there is one, of each city or town that
  22-14  does not have a city manager; and
  22-15              (3)  to the presiding officer of the governing body of
  22-16  each school district<, other than the county education district,>
  22-17  participating in the district and to the superintendent of each
  22-18  <those> school district <districts>.
  22-19        SECTION 24.  Sections 6.06(d) and (h), Tax Code, are amended
  22-20  to read as follows:
  22-21        (d)  Each taxing unit participating in the district<, other
  22-22  than a county education district,> is allocated a portion of the
  22-23  amount of the budget equal to the proportion that the total dollar
  22-24  amount of property taxes imposed in the district by the unit for
  22-25  the tax year in which the budget proposal is prepared bears to the
  22-26  sum of the total dollar amount of property taxes imposed in the
  22-27  district by each participating unit for that year.  <For a school
   23-1  district, other than a county education district, the total dollar
   23-2  amount of property taxes imposed in the district by the unit is
   23-3  considered to be the sum of the taxes imposed by the district and
   23-4  the revenue received by the district from the county education
   23-5  district.>  If a taxing unit participates in two or more districts,
   23-6  only the taxes imposed in a district are used to calculate the
   23-7  unit's cost allocations in that district.  If the number of real
   23-8  property parcels in a taxing unit is less than 5 percent of the
   23-9  total number of real property parcels in the district and the
  23-10  taxing unit imposes in excess of 25 percent of the total amount of
  23-11  the property taxes imposed in the district by all of the
  23-12  participating taxing units for a year, the unit's allocation may
  23-13  not exceed a percentage of the appraisal district's budget equal to
  23-14  three times the unit's percentage of the total number of real
  23-15  property parcels appraised by the district.
  23-16        (h)  If a newly formed taxing unit or a taxing unit that did
  23-17  not impose taxes in the preceding year<, other than a county
  23-18  education district,> imposes taxes in any tax year, that unit is
  23-19  allocated a portion of the amount budgeted to operate the district
  23-20  as if it had imposed taxes in the preceding year, except that the
  23-21  amount of taxes the unit imposes in the current year is used to
  23-22  calculate its allocation.  Before the amount of taxes to be imposed
  23-23  for the current year is known, the allocation may be based on an
  23-24  estimate to which the district board of directors and the governing
  23-25  body of the unit agree, and the payments made after that amount is
  23-26  known shall be adjusted to reflect the amount imposed.  The
  23-27  payments of a newly formed taxing unit that has no source of funds
   24-1  are postponed until the unit has received adequate tax or other
   24-2  revenues.
   24-3        SECTION 25.  Sections 11.13(d), (e), (m), and (n), Tax Code,
   24-4  are amended to read as follows:
   24-5        (d)  In addition to the exemptions provided by Subsections
   24-6  (b) and (c) of this section, an individual who is disabled or is 65
   24-7  or older is entitled to an exemption from taxation by a taxing unit
   24-8  of a portion (the amount of which is fixed as provided by
   24-9  Subsection (e) of this section) of the appraised value of his
  24-10  residence homestead if the exemption is adopted either:
  24-11              (1)  by the governing body of the taxing unit <other
  24-12  than a county education district>; or
  24-13              (2)  by a favorable vote of a majority of the qualified
  24-14  voters of the taxing unit at an election called by the governing
  24-15  body of a taxing unit <other than a county education district>, and
  24-16  the governing body shall call the election on the petition of at
  24-17  least 20 percent of the number of qualified voters who voted in the
  24-18  preceding election of the taxing unit<; or>
  24-19              <(3)  by a favorable vote of a majority of the
  24-20  qualified voters of a county education district at an election held
  24-21  under Section 20.950, Education Code>.
  24-22        (e)  The amount of an exemption adopted as provided by
  24-23  Subsection (d) of this section is $3,000 of the appraised value of
  24-24  the residence homestead unless a larger amount is specified by:
  24-25              (1)  the governing body authorizing the exemption if
  24-26  the exemption is authorized as provided by Subdivision (1) of
  24-27  Subsection (d) of this section; or
   25-1              (2)  the petition for the election if the exemption is
   25-2  authorized as provided by Subdivision (2) of Subsection (d) of this
   25-3  section<; or>
   25-4              <(3)  the proposition approved at an election held
   25-5  under Section 20.950, Education Code>.
   25-6        (m)  In this section:
   25-7              (1)  "Disabled" means under a disability for purposes
   25-8  of payment of disability insurance benefits under Federal Old-Age,
   25-9  Survivors, and Disability Insurance.
  25-10              (2)  "School district" means a political subdivision
  25-11  organized to provide or finance general elementary and secondary
  25-12  public education.  <"School district" includes a county education
  25-13  district established by the consolidation of the local school
  25-14  districts in its boundaries for the limited purpose of exercising a
  25-15  portion of the taxing power previously authorized by the voters in
  25-16  those school districts.>  "School district" does not include a
  25-17  junior college district or a political subdivision organized to
  25-18  provide special education services.
  25-19        (n)  In addition to any other exemptions provided by this
  25-20  section, an individual is entitled to an exemption from taxation by
  25-21  a taxing unit <other than a county education district> of a
  25-22  percentage of the appraised value of his residence homestead if the
  25-23  exemption is adopted by the governing body of the taxing unit
  25-24  before May 1 in the manner provided by law for official action by
  25-25  the body.  If the percentage set by the taxing unit produces an
  25-26  exemption in a tax year of less than $5,000 when applied to a
  25-27  particular residence homestead, the individual is entitled to an
   26-1  exemption of $5,000 of the appraised value.  The percentage adopted
   26-2  by the taxing unit may not exceed 20 percent.  <In addition to any
   26-3  other exemptions provided by this section, an individual is
   26-4  entitled to an exemption from taxation by a county education
   26-5  district of a percentage of the appraised value of his residence
   26-6  homestead if the exemption is adopted by the voters of the district
   26-7  at an election held in the district for that purpose under Section
   26-8  20.946, Education Code.  If the percentage set by the voters
   26-9  produces an exemption in a tax year of less than $5,000 when
  26-10  applied to a particular residence homestead, the individual is
  26-11  entitled to an exemption of $5,000 of the appraised value.  The
  26-12  percentage adopted by the voters may not exceed 20 percent.>
  26-13        SECTION 26.  Sections 11.14(c) and (e), Tax Code, are amended
  26-14  to read as follows:
  26-15        (c)  The governing body of a taxing unit<, other than a
  26-16  county education district,> by resolution or order, depending upon
  26-17  the method prescribed by law for official action by that governing
  26-18  body, may provide for taxation of tangible personal property
  26-19  exempted under Subsection (a).  <The voters of a county education
  26-20  district, by an election held under Section 20.951, Education Code,
  26-21  may provide for taxation of tangible personal property exempted
  26-22  under Subsection (a).>  If a taxing unit provides for taxation of
  26-23  tangible personal property as provided by this subsection, the
  26-24  exemption prescribed by Subsection (a) does not apply to that unit.
  26-25        (e)  A political subdivision <other than a county education
  26-26  district> choosing to tax property otherwise made exempt by this
  26-27  section, pursuant to Article VIII, Section 1(e), of the Texas
   27-1  Constitution, may not do so until the governing body of the
   27-2  political subdivision has held a public hearing on the matter,
   27-3  after having given notice of the hearing at the times and in the
   27-4  manner required by this subsection, and has found that the action
   27-5  will be in the public interest of all the residents of that
   27-6  political subdivision.  At the hearing, all interested persons are
   27-7  entitled to speak and present evidence for or against taxing the
   27-8  property.  Not later than the 30th day prior to the date of a
   27-9  hearing held under this subsection, notice of the hearing must be:
  27-10              (1)  published in a newspaper having general
  27-11  circulation in the political subdivision and in a section of the
  27-12  newspaper other than the advertisement section;
  27-13              (2)  not less than one-half of one page in size; and
  27-14              (3)  republished on not less than three separate days
  27-15  during the period beginning with the 10th day prior to the hearing
  27-16  and ending with the actual date of the hearing.
  27-17        SECTION 27.  All county education districts are abolished.
  27-18        SECTION 28.  (a)  On the effective date of this Act, the
  27-19  funds and other assets of a county education district are
  27-20  transferred to its component school districts in proportion to the
  27-21  amount contributed by each component in the manner provided by rule
  27-22  of the commissioner of education.
  27-23        (b)  On the effective date of this Act, the contracts and
  27-24  other liabilities of a county education district are transferred to
  27-25  its component school districts in the manner provided by rule of
  27-26  the commissioner of education.
  27-27        (c)  Each component school district of a county education
   28-1  district may collect and use delinquent taxes imposed by the county
   28-2  education district on property within the component's boundaries in
   28-3  the manner provided by rule of the commissioner of education.
   28-4        (d)  The commissioner of education shall adopt rules for the
   28-5  maintenance of county education district records.
   28-6        (e)  The commissioner of education shall adopt rules required
   28-7  under this section.
   28-8        SECTION 29.  (a)  The following provisions of the Education
   28-9  Code are repealed:
  28-10              (1)  Sections 1.05, 16.009, 16.010, 16.011, 20.941(c),
  28-11  20.946, 20.949, 20.950, and 20.951; and
  28-12              (2)  Subchapter J, Chapter 16.
  28-13        (b)  The following sections of the Tax Code are
  28-14  repealed:  6.061(f), 26.12(e), and 312.002(e) and (f).
  28-15        SECTION 30.  This Act takes effect immediately.  The
  28-16  commissioner of education shall act as soon as possible to create
  28-17  unified school districts under this Act to be in place beginning
  28-18  September 1, 1993.  For that purpose, the commissioner of education
  28-19  may order in each unified system established in 1993 the tax
  28-20  authorization election required by Section 20.9442, Education Code,
  28-21  as added by this Act.  For that limited purpose and in that limited
  28-22  circumstance, the commissioner has the powers of a board of
  28-23  trustees of the unified district under that section.
  28-24        SECTION 31.  The importance of this legislation and the
  28-25  crowded condition of the calendars in both houses create an
  28-26  emergency and an imperative public necessity that the
  28-27  constitutional rule requiring bills to be read on three several
   29-1  days in each house be suspended, and this rule is hereby suspended,
   29-2  and that this Act take effect and be in force from and after its
   29-3  passage, and it is so enacted.