By:  Barrientos                                       S.B. No. 1804
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the calculation of a tax rollback rate.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 26.04, Tax Code, is amended by amending
 1-4     Subsections (e), (i), and (j), and adding Subsections (k) and (l)
 1-5     to read as follows:
 1-6           (e)  By August 7 or as soon thereafter as practicable, the
 1-7     designated officer or employee shall submit the rates to the
 1-8     governing body.  He shall deliver by mail to each property owner in
 1-9     the unit or publish in a newspaper in the form prescribed by the
1-10     comptroller:
1-11                 (1)  the effective tax rate, the rollback tax rate, and
1-12     an explanation of how they were calculated;
1-13                 (2)  the estimated amount of interest and sinking fund
1-14     balances and the estimated amount of maintenance and operation or
1-15     general fund balances remaining at the end of the current fiscal
1-16     year that are not encumbered with or by corresponding existing debt
1-17     obligation, except that for a school district, estimated funds
1-18     necessary for the operation of the district prior to the receipt of
1-19     the first state education aid payment in the succeeding school year
1-20     shall be subtracted from the estimated fund balances;
1-21                 (3)  a schedule of the unit's debt obligations showing:
1-22                       (A)  the amount of principal and interest that
1-23     will be paid to service the unit's debts in the next year from
1-24     property tax revenue, including payments of lawfully incurred
 2-1     contractual obligations providing security for the payment of the
 2-2     principal of and interest on bonds and other evidences of
 2-3     indebtedness issued on behalf of the unit by another political
 2-4     subdivision and, if the unit is created under Section 52, Article
 2-5     III, or Section 59, Article XVI, Texas Constitution, payments on
 2-6     debts that the unit anticipates to incur in the next calendar year;
 2-7                       (B)  the amount by which taxes imposed for debt
 2-8     are to be increased because of the unit's anticipated collection
 2-9     rate; and
2-10                       (C)  the total of the amounts listed in
2-11     Paragraphs (A)-(B), less any amount collected in excess of the
2-12     previous year's anticipated collections certified as provided in
2-13     Subsection (b); and
2-14                 (4)  the amount of additional sales and use tax revenue
2-15     anticipated in calculations under Section 26.041;[.]
2-16                 (5)  in the year that a taxing unit calculates an
2-17     adjustment under Subsection (i) or (j), the unit shall publish a
2-18     schedule that includes the following elements:
2-19                       (A)  the name of the unit transferring
2-20     responsibility for funding of [discontinuing] the department,
2-21     function, or activity;
2-22                       (B)  the amount of property tax revenue spent by
2-23     the unit listed under Paragraph (A) to operate the [discontinued]
2-24     department, function, or activity in the 12 months preceding the
2-25     month in which the calculations required by this chapter are made;
2-26     and
 3-1                       (C)  the name of the unit that accepts funding
 3-2     responsibility for [operates] a distinct department, function, or
 3-3     activity in all or a majority of the territory of a taxing unit
 3-4     that has transferred responsibility for funding of [discontinued
 3-5     operating] the distinct department, function, or activity; and
 3-6                 (6)  in the year following the year in which a taxing
 3-7     unit raised its rollback rate as required by Subsection (j), the
 3-8     taxing unit shall publish a schedule that includes the following
 3-9     elements:
3-10                       (A)  the amount of property tax revenue spent by
3-11     the unit to fund [operate] the department, function, or activity
3-12     for which the taxing unit raised the rollback rate as required by
3-13     Subsection (j) for the 12 months preceding the month in which the
3-14     calculations required by this chapter are made; and
3-15                       (B)  the amount published by the unit in the
3-16     preceding tax year under Subdivision (5)(B).
3-17           (i)  This subsection applies to a taxing unit that has agreed
3-18     by written contract to transfer all or part of the responsibility
3-19     for funding a distinct department, function, or activity to another
3-20     taxing unit and reduces its taxation for the purpose of funding
3-21     [discontinues operating] that distinct department, function, or
3-22     activity if that reduced portion of the funding [operation] of that
3-23     department, function, or activity in all or a majority of the
3-24     territory of the taxing unit is continued by another existing
3-25     taxing unit or by a new taxing unit.  The rollback tax rate of a
3-26     taxing unit to which this subsection applies in the first tax year
 4-1     in which a budget is adopted that reduces [does not allocate
 4-2     revenue to] the funding of the [discontinued] department, function,
 4-3     or activity is calculated as otherwise provided by this section,
 4-4     except that last year's levy used to calculate the effective
 4-5     maintenance and operations rate of the unit is reduced by the
 4-6     decrease in the amount of maintenance and operations tax revenue
 4-7     spent by the taxing unit on [to operate] the department, function,
 4-8     or activity compared to the amount of maintenance and operations
 4-9     tax revenue spent in [for] the 12 months preceding the month in
4-10     which the calculations required by this chapter are made [and in
4-11     which the unit operated the discontinued department, function, or
4-12     activity].  If the unit did not fund all or part of [operate] that
4-13     department, function, or activity for the full 12 months preceding
4-14     the month in which the calculations required by this chapter are
4-15     made, the unit shall reduce last year's levy used for calculating
4-16     the effective maintenance and operations rate of the unit by the
4-17     amount of the decrease in the amount of maintenance and operations
4-18     tax compared to the amount of revenue spent in the last full fiscal
4-19     year in which the unit funded all or part of [operated] the
4-20     [discontinued] department, function, or activity.
4-21           (j)  This subsection applies to a taxing unit that had agreed
4-22     by written contract to accept the transfer of all or part of the
4-23     responsibility for funding a distinct department, function, or
4-24     activity from another taxing unit and funds all or part of
4-25     [operates] a distinct department, function, or activity if the
4-26     funding for [operation of] a substantially similar department,
 5-1     function, or activity in all or a majority of the territory of the
 5-2     taxing unit has been reduced [discontinued] by another taxing unit,
 5-3     including a dissolved taxing unit.  The rollback tax rate of a
 5-4     taxing unit to which this subsection applies in the first tax year
 5-5     after the other taxing unit reduced the funding of [discontinued]
 5-6     the substantially similar department, function, or activity in
 5-7     which a budget is adopted that allocates revenue to the department,
 5-8     function, or activity is calculated as otherwise provided by this
 5-9     section, except that last year's levy used to calculate the
5-10     effective maintenance and operations rate of the unit is increased
5-11     by the amount of the decrease of maintenance and operations tax
5-12     revenue spent by the taxing unit that reduced funding for
5-13     [discontinued operating] the substantially similar department,
5-14     function, or activity compared to the amount of maintenance and
5-15     operations tax revenue spent on [to operate] that department,
5-16     function, or activity in [for] the 12 months preceding the month in
5-17     which the calculations required by this chapter are made [and in
5-18     which the unit operated the discontinued department, function, or
5-19     activity].  If the unit did not fund [operate] the [discontinued]
5-20     department, function, or activity for the full 12 months preceding
5-21     the month in which the calculations required by this chapter are
5-22     made, the unit may increase last year's levy used to calculate the
5-23     effective maintenance and operations rate by an amount not to
5-24     exceed the decrease in the amount of property tax revenue spent by
5-25     the other [discontinuing] unit to fund [operate] the [discontinued]
5-26     department, function, or activity compared to the amount of
 6-1     maintenance and operations tax revenue spent in the last full
 6-2     fiscal year before [in which] the other [discontinuing] unit
 6-3     reduced funding for [operated] the department, function, or
 6-4     activity.
 6-5           (k)  As the term is used in Subsections (i) and (j),
 6-6     "funding" includes a payment made to another taxing unit through a
 6-7     written contract for the operation of the department, function, or
 6-8     activity.  The term does not include a payment made by a taxing
 6-9     unit from funds received from another taxing unit through a written
6-10     contract to operate the department, function, or activity.
6-11           (l)  Notwithstanding any other provision of this section, the
6-12     rollback tax rate of a taxing unit is increased or reduced under
6-13     Subsection (i) or (j) only in the amount of ad valorem tax revenue
6-14     spent by the taxing unit on that part of the funding of the
6-15     department, function, or activity that is assumed or discontinued
6-16     by the taxing authority.  If the department, function, or activity
6-17     has been funded by revenue sources other than ad valorem taxes, the
6-18     taxing unit may use any reasonable method to calculate the amount
6-19     of ad valorem tax revenue that is or has been spent to fund the
6-20     department, function, or activity.
6-21           SECTION 2.  This Act takes effect September 1, 1999.
6-22           SECTION 3.  The importance of this legislation and the
6-23     crowded condition of the calendars in both houses create an
6-24     emergency and an imperative public necessity that the
6-25     constitutional rule requiring bills to be read on three several
6-26     days in each house be suspended, and this rule is hereby suspended.