By Hinojosa                                           H.B. No. 3064
         76R7800 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that the governing body of a taxing
 1-3     unit that imposes ad valorem taxes provide property owners with
 1-4     certain information before the governing body adopts a new tax
 1-5     rate.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 26.04(e), Tax Code, is amended to read as
 1-8     follows:
 1-9           (e)  By August 7 or as soon thereafter as practicable, the
1-10     designated officer or employee shall submit the rates to the
1-11     governing body.  The designated officer or employee [He] shall
1-12     deliver by mail to each property owner in the unit or publish in a
1-13     newspaper in the form prescribed by the comptroller:
1-14                 (1)  the effective tax rate, the rollback tax rate, and
1-15     an explanation of how they were calculated;
1-16                 (2)  a statement that the governing body may not adopt
1-17     a tax rate that if applied to the total taxable value of property
1-18     in the taxing unit would impose an amount of taxes that exceeds
1-19     last year's tax levy unless the governing body holds a public
1-20     hearing on the proposed tax rate and otherwise complies with the
1-21     public notice and hearing requirements under Section 26.06;
1-22                 (3)  the estimated amount of interest and sinking fund
1-23     balances and the estimated amount of maintenance and operation or
1-24     general fund balances remaining at the end of the current fiscal
 2-1     year that are not encumbered with or by corresponding existing debt
 2-2     obligation, except that for a school district, estimated funds
 2-3     necessary for the operation of the district prior to the receipt of
 2-4     the first state education aid payment in the succeeding school year
 2-5     shall be subtracted from the estimated fund balances;
 2-6                 (4) [(3)]  a schedule of the unit's debt obligations
 2-7     showing:
 2-8                       (A)  the amount of principal and interest that
 2-9     will be paid to service the unit's debts in the next year from
2-10     property tax revenue, including payments of lawfully incurred
2-11     contractual obligations providing security for the payment of the
2-12     principal of and interest on bonds and other evidences of
2-13     indebtedness issued on behalf of the unit by another political
2-14     subdivision and, if the unit is created under Section 52, Article
2-15     III, or Section 59, Article XVI, Texas Constitution, payments on
2-16     debts that the unit anticipates to incur in the next calendar year;
2-17                       (B)  the amount by which taxes imposed for debt
2-18     are to be increased because of the unit's anticipated collection
2-19     rate; and
2-20                       (C)  the total of the amounts listed in
2-21     Paragraphs (A)-(B), less any amount collected in excess of the
2-22     previous year's anticipated collections certified as provided in
2-23     Subsection (b);
2-24                 (5) [(4)]  the amount of additional sales and use tax
2-25     revenue anticipated in calculations under Section 26.041;
2-26                 (6) [(5)]  in the year that a taxing unit calculates an
2-27     adjustment under Subsection (i) or (j), the unit shall publish a
 3-1     schedule that includes the following elements:
 3-2                       (A)  the name of the unit discontinuing the
 3-3     department, function, or activity;
 3-4                       (B)  the amount of property tax revenue spent by
 3-5     the unit listed under Paragraph (A) to operate the discontinued
 3-6     department, function, or activity in the 12 months preceding the
 3-7     month in which the calculations required by this chapter are made;
 3-8     and
 3-9                       (C)  the name of the unit that operates a
3-10     distinct department, function, or activity in all or a majority of
3-11     the territory of a taxing unit that has discontinued operating the
3-12     distinct department, function, or activity; and
3-13                 (7) [(6)]  in the year following the year in which a
3-14     taxing unit raised its rollback rate as required by Subsection (j),
3-15     the taxing unit  shall publish a schedule that includes the
3-16     following elements:
3-17                       (A)  the amount of property tax revenue spent by
3-18     the unit to operate the department, function, or activity for which
3-19     the taxing unit raised the rollback rate as required by Subsection
3-20     (j) for the 12 months preceding the month in which the calculations
3-21     required by this chapter are made; and
3-22                       (B)  the amount published by the unit in the
3-23     preceding tax year under Subdivision (6)(B) [(5)(B)].
3-24           SECTION 2.  Section 26.05(a), Tax Code, is amended to read as
3-25     follows:
3-26           (a)  Except as provided by Subsection (c), the governing body
3-27     of each taxing unit before September 1 or as soon thereafter as
 4-1     practicable shall adopt a tax rate for the current tax year and
 4-2     shall notify the assessor for the unit of the rate adopted.  The
 4-3     tax rate consists of two components, each of which must be approved
 4-4     separately.  The components are:
 4-5                 (1)  the rate that, if applied to the total taxable
 4-6     value, will impose the total amount published under Section
 4-7     26.04(e)(4)(C) [26.04(e)(3)(C) of this code], less any amount of
 4-8     additional sales and use tax revenue that will be used to pay debt
 4-9     service; and
4-10                 (2)  the rate that, if applied to the total taxable
4-11     value, will impose the amount of taxes needed to fund maintenance
4-12     and operation expenditures of the unit for the next year.
4-13           SECTION 3.  This Act takes effect January 1, 2000, and
4-14     applies only to a tax year that begins on or after that date.
4-15           SECTION 4.  The importance of this legislation and the
4-16     crowded condition of the calendars in both houses create an
4-17     emergency and an imperative public necessity that the
4-18     constitutional rule requiring bills to be read on three several
4-19     days in each house be suspended, and this rule is hereby suspended.