HBA-NLM, LCA C.S.H.B. 2075 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2075
By: Hochberg
Public Education
5/4/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE

Under current law, school districts must publish notices informing the
public of proposed property tax rates and school district budgets.
However, some taxpayers and school districts argue that the notices are
difficult to understand, do not give taxpayers enough advance notice of a
budget hearing, and do not provide enough information on the school
district's finances. 

C.S.H.B. 2075 requires a school district to publish one notice before the
budget hearing, and specifies the size and format requirements for the
notice.  The bill requires the notice to include specific sections that
provide a comparison between proposed and current tax rates, the rate
necessary to maintain the current level of revenue and debt service, and
specific information on fund balances. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller of public accounts in
SECTION 1 (Section 44.004, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 44.004, Education Code, as follows:

Sec. 44.004.  New Title:  NOTICE OF BUDGET AND TAX RATE MEETING; BUDGET
ADOPTION. (a) Requires the president of a school board (board president) to
call a meeting of the board of trustees for the purpose of adopting a
budget for the succeeding fiscal year, when the budget has been prepared
under Section 44.002 (Preparation of Budget), Education Code. 

(b)  Requires the board president to provide for the publication of notice
of the budget and proposed tax rate meeting.  Deletes existing text
authorizing the district to include the notice required under this
subsection in a notice required under Section 26.06, Tax Code. 

(c) Prohibits the notice of public meeting to discuss and adopt the budget
and the proposed tax rate from being smaller than one-quarter page of a
standard-size or a tabloid-size newspaper, and requires the headline on the
notice to be in 18-point or larger type.  Sets forth the required content
and format of the notice, and provides that the notice must contain the
following sections setting forth specified information: 

_Comparison of Proposed Rates with Preceding Year's Adopted Rates; and 
_Comparison of Proposed Levy with Last Year's Levy on Average Residence
Homestead. 

(d)  Requires the comptroller of public accounts, by rule, to prescribe the
language and format for the part of the notice required by Subsection (c),
and provides that a notice not substantially conforming to those standards
is invalid. 

(e)-(f) Makes conforming changes.


 

SECTION 2.  Amends Section 26.05(d), Tax Code, to prohibit the governing
body of a taxing entity from adopting a tax rate that if applied to the
total taxable value would impose an amount of taxes that exceeds last years
levy until it has held a public hearing on the proposed tax rate and: 

_if the taxing unit is not a school district, has otherwise complied with
Section 26.06; or 
_if the taxing unit is a school district, has complied with Section 44.004,
Education Code. 

SECTION 3.  Amends Section 26.06, Tax Code, by adding Subsection (g) to
provide that this section does not apply to a school district.  Requires a
school district to provide notice of a public hearing on a tax increase as
required by Section 44.004, Education Code. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.
  
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2075 modifies the original in the caption, by providing that this
Act relates to the public notice required to be provided by a school
district before adopting a proposed budget and tax rate, rather than
publication of school district budget and tax rate notices. 

C.S.H.B. 2075 modifies the original in SECTION 1 (Section 44.004, Education
Code) by changing the section heading to read "Notice of Budget and Tax
Rate Meeting; Budget Adoption," rather than "Notice, Hearing and Vote on
Budget Meeting; Budget Adoption and Tax Rate."  In addition, the substitute
amends Subsection (a) to  require the president of the school board of
trustees to call a meeting of the board for the purpose of adopting a
budget for the succeeding fiscal year, when the budget has been prepared
under Section 44.002, and makes nonsubstantive changes.  The original bill
did not address Subsection (a). 

C.S.H.B. 2075 modifies the original in SECTION 1 (Section 44.004, Education
Code), by redesignating proposed text relating to the notice of public
hearing to a new Subsection (c) in the substitute.  The substitute further
amends the existing text to prohibit the notice of public meeting to
discuss and adopt the budget and the proposed tax rate, rather than the
notice of public hearing, from being smaller than one-quarter page of a
standard-size or a tabloid-size newspaper, and requires the headline on the
notice to be in 18-point or larger type.  The substitute provides that the
notice must contain specified information in the manner provided, relating
to the school district, rather than the taxing unit, and the purpose of the
meeting, rather than hearing.  

The substitute modifies the original in Subdivision (2) to provide that the
notice must contain a section entitled "Comparison of Proposed Rates with
Preceding Year's Adopted Rates," rather than "Comparison of Proposed Rates
with Current Year's Adopted Rates."  

The substitute modifies the original in Subdivision (3) to provide that the
notice must contain a section entitled "Comparison of Proposed Levy with
Last Year's Levy on Average Residence Homestead," rather than "Comparison
of Proposed Levy with Last Year's Levy on Average Residence." 

The substitute redesignates proposed Subdivision (5) of the original to
Subdivision (4) in the substitute. The substitute clarifies the proposed
text by prohibiting the dollar amount of school taxes imposed on the
residence homestead of a person 65 years of age or older or of the
surviving spouse of such a person, if the surviving spouse was 55 years of
age or older when the person died, from increasing above the amount paid in
the first year after the person turned 65, regardless of changes in the tax
rate. 

The substitute redesignates proposed Subdivision (8) in the original to
Subdivision (5) in the substitute.  The substitute provides that the notice
must contain a statement relating to the  school district rollback rate
determined under Section 26.08, Tax Code, rather than the product of
effective maintenance and operations tax rate multiplied by 1.08 added to
the current debt rate, as defined in Section 26.04, Tax Rate. 

The substitute redesignates proposed Subdivision (9) of the original to
Subdivision (6) in the substitute.  The substitute provides that this
section must include the estimated total fund balances that are not
encumbered by a corresponding debt obligation and that will be left in the
district's property tax accounts at the end of the fiscal year, or the
estimated fund balances in certain categories that cumulatively equal the
aforementioned amount. 

The substitute redesignates proposed Subsection (c) in the original to
Subsection (d) in the substitute. In addition, the substitute further
amends other subsections in Section 44.004 to make conforming changes.  

C.S.H.B. 2075 modifies the original by adding a new SECTION 2 (Section
26.05(d), Tax Code), to prohibit the governing body from adopting a tax
rate that if applied to the total taxable value would impose an amount of
taxes that exceeds last year's levy until it has held a public hearing on
the proposed tax rate and: 

_if the taxing unit is not a school district, has otherwise complied with
Section 26.06; or 
_if the taxing unit is a school district, has complied with Section 44.004,
Education Code. 

C.S.H.B. 2075 redesignates SECTION 2 (Section 26.06, Tax Code) of the
original to SECTION 3 in the substitute.  The substitute removes proposed
amendments to existing Subsections (b)-(f) making conforming changes and
requiring all taxing units, except school districts which shall follow the
requirements in Section 44.004, to post a notice. The substitute adds a new
Subsection (g) to provide that this section does not apply to a school
district and to require a school district to provide notice of a public
hearing on a tax increase as required by Section 44.004, Education Code. 

C.S.H.B. 2075 redesignates SECTION 3 (effective date) of the original to
SECTION 4 in the substitute and changes the effective date from August 31,
1999, to September 1, 1999. 

C.S.H.B. 2075 redesignates SECTION 4 (emergency clause) of the original to
SECTION 5 in the substitute.  The substitute provides a short, rather than
long, emergency clause.