1-1  By:  Barrientos                                        S.B. No. 668
    1-2        (In the Senate - Filed March 8, 1993; March 9, 1993, read
    1-3  first time and referred to Committee on Finance; April 22, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 13, Nays 0; April 22, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker             x                               
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21  COMMITTEE SUBSTITUTE FOR S.B. No. 668               By:  Armbrister
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to the ad valorem tax rate of certain taxing units.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 26.04, Tax Code, is amended by adding
   1-27  Subsections (k) and (l) to read as follows:
   1-28        (k)  This subsection applies to a taxing unit that has agreed
   1-29  by written contract to transfer a distinct department, function, or
   1-30  activity to another taxing unit and discontinues operating that
   1-31  distinct department, function, or activity if the operation of that
   1-32  department, function, or activity in all or a majority of the
   1-33  territory of the taxing unit is continued by another existing
   1-34  taxing unit or by a new taxing unit.  The rollback tax rate of a
   1-35  taxing unit to which this subsection applies in the first tax year
   1-36  in which a budget is adopted that does not allocate revenue to the
   1-37  discontinued department, function, or activity is calculated as
   1-38  otherwise provided by this section, except that last year's levy
   1-39  used to calculate the effective maintenance and operations rate of
   1-40  the unit is reduced by the amount of maintenance and operations tax
   1-41  revenue spent by the taxing unit to operate the department,
   1-42  function, or activity for the 12 months preceding the month in
   1-43  which the calculations required by this chapter are made and in
   1-44  which the unit operated the discontinued department, function, or
   1-45  activity.  If the unit did not operate that department, function,
   1-46  or activity for the full 12 months preceding the month in which the
   1-47  calculations required by this chapter are made, the unit shall
   1-48  reduce last year's levy used for calculating the effective
   1-49  maintenance and operations rate of the unit by the amount of the
   1-50  revenue spent in the last full fiscal year in which the unit
   1-51  operated the discontinued department, function, or activity.
   1-52        (l)  This subsection applies to a taxing unit that had agreed
   1-53  by written contract to accept the transfer of a distinct
   1-54  department, function, or activity from another taxing unit and
   1-55  operates a distinct department, function, or activity if the
   1-56  operation of a substantially similar department, function, or
   1-57  activity in all or a majority of the territory of the taxing unit
   1-58  has been discontinued by another taxing unit, including a dissolved
   1-59  taxing unit.  The rollback tax rate of a taxing unit to which this
   1-60  subsection applies in the first tax year after the other taxing
   1-61  unit discontinued the substantially similar department, function,
   1-62  or activity in which a budget is adopted that allocates revenue to
   1-63  the department, function, or activity is calculated as otherwise
   1-64  provided by this section, except that last year's levy used to
   1-65  calculate the effective maintenance and operations rate of the unit
   1-66  is increased by the amount of maintenance and operations tax
   1-67  revenue spent by the taxing unit that discontinued operating the
   1-68  substantially similar department, function, or activity to operate
    2-1  that department, function, or activity for the 12 months preceding
    2-2  the month in which the calculations required by this chapter are
    2-3  made and in which the unit operated the discontinued department,
    2-4  function, or activity.  If the unit did not operate the
    2-5  discontinued department, function, or activity for the full 12
    2-6  months preceding the month in which the calculations required by
    2-7  this chapter are made, the unit may increase last year's levy used
    2-8  to calculate the effective maintenance and operations rate by an
    2-9  amount not to exceed the amount of property tax revenue spent by
   2-10  the discontinuing unit to operate the discontinued department,
   2-11  function, or activity in the last full fiscal year in which the
   2-12  discontinuing unit operated the department, function, or activity.
   2-13        SECTION 2.  Subsection (e), Section 26.04, Tax Code, is
   2-14  amended to read as follows:
   2-15        (e)  By August 7 or as soon thereafter as practicable, the
   2-16  designated officer or employee shall submit the rates to the
   2-17  governing body.  He shall publish in a newspaper in the form
   2-18  prescribed by the comptroller:
   2-19              (1)  the effective tax rate, the rollback tax rate, and
   2-20  an explanation of how they were calculated;
   2-21              (2)  the estimated amount of interest and sinking fund
   2-22  balances and the estimated amount of maintenance and operation or
   2-23  general fund balances remaining at the end of the current fiscal
   2-24  year that are not encumbered with or by corresponding existing debt
   2-25  obligation, except that for a school district, estimated funds
   2-26  necessary for the operation of the district prior to the receipt of
   2-27  the first state education aid payment in the succeeding school year
   2-28  shall be subtracted from the estimated fund balances;
   2-29              (3)  a schedule of the unit's debt obligations showing:
   2-30                    (A)  the amount of principal and interest that
   2-31  will be paid to service the unit's debts in the next year from
   2-32  property tax revenue, including payments of lawfully incurred
   2-33  contractual obligations providing security for the payment of the
   2-34  principal of and interest on bonds and other evidences of
   2-35  indebtedness issued on behalf of the unit by another political
   2-36  subdivision;
   2-37                    (B)  the amount by which taxes imposed for debt
   2-38  are to be increased because of the unit's anticipated collection
   2-39  rate; and
   2-40                    (C)  the total of the amounts listed in
   2-41  Paragraphs (A)-(B), less any amount collected in excess of the
   2-42  previous year's anticipated collections certified as provided in
   2-43  Subsection (b) of this section; <and>
   2-44              (4)  the amount of additional sales and use tax revenue
   2-45  anticipated in calculations under Section 26.041 of this code;
   2-46              (5)  in the year that a taxing unit calculates an
   2-47  adjustment under Section 26.04(k) or (l) of this code, the unit
   2-48  shall publish a schedule that includes the following elements:
   2-49                    (A)  the name of the unit discontinuing the
   2-50  department, function, or activity;
   2-51                    (B)  the amount of property tax revenue spent by
   2-52  the unit listed under Paragraph (A) of this subsection to operate
   2-53  the discontinued department, function, or activity in the 12 months
   2-54  preceding the month in which the calculations required by this
   2-55  chapter are made; and
   2-56                    (C)  the name of the unit that operates a
   2-57  distinct department, function, or activity in all or a majority of
   2-58  the territory of a taxing unit that has discontinued operating the
   2-59  distinct department, function, or activity; and
   2-60              (6)  in the year following the year in which a taxing
   2-61  unit raised its rollback rate as required by Section 26.04(l) of
   2-62  this code, the taxing unit shall publish a schedule that includes
   2-63  the following elements:
   2-64                    (A)  the amount of property tax revenue spent by
   2-65  the unit to operate the department, function, or activity for which
   2-66  the taxing unit raised the rollback rate as required by Section
   2-67  26.04(l) of this code for the 12 months preceding the month in
   2-68  which the calculations required by this chapter are made; and
   2-69                    (B)  the amount published by the unit in the
   2-70  preceding tax year under Section 26.04(e)(5)(B) of this code.
    3-1        SECTION 3.  The change in law made by this Act applies only
    3-2  to a taxing unit that adopts its tax rate on or after the effective
    3-3  date of this Act.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended,
    3-9  and that this Act take effect and be in force from and after its
   3-10  passage, and it is so enacted.
   3-11                               * * * * *
   3-12                                                         Austin,
   3-13  Texas
   3-14                                                         April 22, 1993
   3-15  Hon. Bob Bullock
   3-16  President of the Senate
   3-17  Sir:
   3-18  We, your Committee on Finance to which was referred S.B. No. 668,
   3-19  have had the same under consideration, and I am instructed to
   3-20  report it back to the Senate with the recommendation that it do not
   3-21  pass, but that the Committee Substitute adopted in lieu thereof do
   3-22  pass and be printed.
   3-23                                                         Montford,
   3-24  Chairman
   3-25                               * * * * *
   3-26                               WITNESSES
   3-27                                                  FOR   AGAINST  ON
   3-28  ___________________________________________________________________
   3-29  Name:  Jann Phenix                               x
   3-30  Representing:  Travis Co.
   3-31  City:  Austin
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   3-33  Name:  Richard Hamner                            x
   3-34  Representing:  Legis Dir Senator Barrientos
   3-35  City:  Austin
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   3-37  Name:  Cheryll Adair                             x
   3-38  Representing:  Cash Invest Mgr Travis Co
   3-39  City:  Austin
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