AN ACT
 1-1     relating to the calculation of the rollback tax rate of a taxing
 1-2     unit in certain circumstances.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 26.04, Tax Code, is amended by adding
 1-5     Subsections (k), (l), (m), (n), (o), (p), and (q) to read as
 1-6     follows:
 1-7           (k)  This subsection applies to a taxing unit that has agreed
 1-8     by written contract to transfer all or part of the responsibility
 1-9     for funding a distinct department, function, or activity to another
1-10     taxing unit and that reduces its taxation for the purpose of
1-11     funding that distinct department, function, or activity if that
1-12     reduced portion of the funding of that department, function, or
1-13     activity in all or a majority of the territory of the taxing unit
1-14     is continued by another existing taxing unit or by a new taxing
1-15     unit.  The rollback tax rate of a taxing unit to which this
1-16     subsection applies in the first tax year in which a budget is
1-17     adopted that reduces the funding of the department, function, or
1-18     activity is calculated as otherwise provided by this section,
1-19     except that last year's levy used to calculate the effective
1-20     maintenance and operations rate of the unit is reduced by the
1-21     decrease in the amount of maintenance and operations tax revenue
1-22     spent by the taxing unit on the department, function, or activity
1-23     compared to the amount of maintenance and operations tax revenue
1-24     spent in the 12 months preceding the month in which the
 2-1     calculations required by this chapter are made.  If the taxing unit
 2-2     did not fund all or part of that department, function, or activity
 2-3     for the full 12 months preceding the month in which the
 2-4     calculations required by this chapter are made, the taxing unit
 2-5     shall reduce last year's levy used for calculating the effective
 2-6     maintenance and operations rate of the taxing unit by the amount of
 2-7     the decrease in the amount of maintenance and operations tax
 2-8     compared to the amount of revenue spent in the last full fiscal
 2-9     year in which the taxing unit funded all or part of the department,
2-10     function, or activity.
2-11           (l)  This subsection applies to a taxing unit that has agreed
2-12     by written contract to accept the transfer of all or part of the
2-13     responsibility for funding a distinct department, function, or
2-14     activity from another taxing unit and that funds all or part of
2-15     that distinct department, function, or activity if the funding for
2-16     a substantially similar department, function, or activity in all or
2-17     a majority of the territory of the taxing unit has been reduced by
2-18     another taxing unit, including a dissolved taxing unit.  The
2-19     rollback tax rate of a taxing unit to which this subsection applies
2-20     in the first tax year after the other taxing unit reduced the
2-21     funding of the substantially similar department, function, or
2-22     activity in which a budget is adopted that allocates revenue to the
2-23     department, function, or activity is calculated as otherwise
2-24     provided by this section, except that last year's levy used to
2-25     calculate the effective maintenance and operations rate of the
2-26     taxing unit is increased by the amount of the decrease of
 3-1     maintenance and operations tax revenue spent by the taxing unit
 3-2     that reduced funding for the substantially similar department,
 3-3     function, or activity compared to the amount of maintenance and
 3-4     operations tax revenue spent on that department, function, or
 3-5     activity in the 12 months preceding the month in which the
 3-6     calculations required by this chapter are made.  If the taxing unit
 3-7     did not fund the department, function, or activity for the full 12
 3-8     months preceding the month in which the calculations required by
 3-9     this chapter are made, the taxing unit may increase last year's
3-10     levy used to calculate the effective maintenance and operations
3-11     rate by an amount not to exceed the decrease in the amount of
3-12     property tax revenue spent by the other taxing unit to fund the
3-13     department, function, or activity compared to the amount of
3-14     maintenance and operations tax revenue spent in the last full
3-15     fiscal year before the other taxing unit reduced funding for the
3-16     department, function, or activity.
3-17           (m)  In Subsections (k) and (l), "funding" includes a payment
3-18     made to another taxing unit in accordance with a written contract
3-19     for the operation of the department, function, or activity.  The
3-20     term does not include a payment made by a taxing unit from funds
3-21     received from another taxing unit in accordance with a written
3-22     contract to operate the department, function, or activity.
3-23           (n)  Notwithstanding any other provision of this section, for
3-24     purposes of calculating the rollback tax rate of a taxing unit
3-25     under Subsection (k) or (l), the effective maintenance and
3-26     operations rate of the taxing unit is increased or reduced only by
 4-1     the rate that would generate the amount of ad valorem tax revenue
 4-2     spent by the taxing unit on that part of the funding of the
 4-3     department, function, or activity that is assumed or discontinued
 4-4     by the taxing unit.  If the department, function, or activity has
 4-5     been funded by revenue sources other than ad valorem taxes, the
 4-6     taxing unit may use any reasonable method to calculate the amount
 4-7     of ad valorem tax revenue that is or has been spent to fund the
 4-8     department, function, or activity.
 4-9           (o)  In a year in which a taxing unit calculates an
4-10     adjustment under Subsection (k) or (l), the taxing unit shall
4-11     publish in the manner provided by Subsection (e) a schedule that
4-12     includes the following elements:
4-13                 (1)  the name of the taxing unit transferring
4-14     responsibility for funding of the department, function, or
4-15     activity;
4-16                 (2)  the amount of property tax revenue spent by that
4-17     taxing unit to operate the department, function, or activity in the
4-18     12 months preceding the month in which the calculations required by
4-19     this chapter are made; and
4-20                 (3)  the name of the taxing unit that accepted funding
4-21     responsibility for a distinct department, function, or activity in
4-22     all or a majority of the territory of the taxing unit that
4-23     transferred responsibility for funding of the distinct department,
4-24     function, or activity.
4-25           (p)  In the year immediately following a year in which the
4-26     rollback tax rate of a taxing unit is increased under Subsection
 5-1     (l), the taxing unit shall publish in the manner provided by
 5-2     Subsection (e) a schedule that includes the following elements:
 5-3                 (1)  the amount of property tax revenue spent by the
 5-4     taxing unit to fund the department, function, or activity for which
 5-5     the taxing unit's rollback tax rate was increased under Subsection
 5-6     (l) for the 12 months preceding the month in which the calculations
 5-7     required by this chapter are made; and
 5-8                 (2)  the amount published by the taxing unit in the
 5-9     preceding tax year under Subsection (o)(2).
5-10           (q)  This subsection and Subsections (k), (l), (m), (n), (o),
5-11     and (p) expire January 1, 2001.
5-12           SECTION 2.  The importance of this legislation and the
5-13     crowded condition of the calendars in both houses create an
5-14     emergency and an imperative public necessity that the
5-15     constitutional rule requiring bills to be read on three several
5-16     days in each house be suspended, and this rule is hereby suspended,
5-17     and that this Act take effect and be in force from and after its
5-18     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1804 passed the Senate on
         May 3, 1999, by a viva-voce vote; and that the Senate concurred in
         House amendment on May 28, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1804 passed the House, with
         amendment, on May 25, 1999, by the following vote:  Yeas 145,
         Nays 0, two present not voting.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor