By:  Barrientos                                       S.B. No. 1804
         99S0851/1                           
                                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 (i) and (j) and adding Subsections (k) and (l) to read
 1-5     as follows:
 1-6           (i)  This subsection applies to a taxing unit that has agreed
 1-7     by written contract to transfer all or part of the responsibility
 1-8     for funding a distinct department, function, or activity to another
 1-9     taxing unit and reduces its taxation for the purpose of funding
1-10     [discontinues operating] that distinct department, function, or
1-11     activity if that reduced portion of the funding [operation] of that
1-12     department, function, or activity in all or a majority of the
1-13     territory of the taxing unit is continued by another existing
1-14     taxing unit or by a new taxing unit.  The rollback tax rate of a
1-15     taxing unit to which this subsection applies in the first tax year
1-16     in which a budget is adopted that reduces [does not allocate
1-17     revenue to] the funding of the [discontinued] department, function,
1-18     or 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 [to operate] the department, function,
1-23     or activity compared to the amount of maintenance and operations
1-24     tax revenue spent in [for] the 12 months preceding the month in
 2-1     which the calculations required by this chapter are made [and in
 2-2     which the unit operated the discontinued department, function, or
 2-3     activity].  If the unit did not fund all or part of [operate] that
 2-4     department, function, or activity for the full 12 months preceding
 2-5     the month in which the calculations required by this chapter are
 2-6     made, the unit shall reduce last year's levy used for calculating
 2-7     the effective maintenance and operations rate of the unit by the
 2-8     amount of the decrease in the amount of maintenance and operations
 2-9     tax compared to the amount of revenue spent in the last full fiscal
2-10     year in which the unit funded all or part of [operated] the
2-11     [discontinued] department, function, or activity.
2-12           (j)  This subsection applies to a taxing unit that had agreed
2-13     by written contract to accept the transfer of all or part of the
2-14     responsibility for funding a distinct department, function, or
2-15     activity from another taxing unit and funds all or part of
2-16     [operates] a distinct department, function, or activity if the
2-17     funding for [operation of] a substantially similar department,
2-18     function, or activity in all or a majority of the territory of the
2-19     taxing unit has been reduced [discontinued] by another taxing unit,
2-20     including a dissolved taxing unit.  The rollback tax rate of a
2-21     taxing unit to which this subsection applies in the first tax year
2-22     after the other taxing unit reduced the funding of [discontinued]
2-23     the substantially similar department, function, or activity in
2-24     which a budget is adopted that allocates revenue to the department,
2-25     function, or activity is calculated as otherwise provided by this
2-26     section, except that last year's levy used to calculate the
 3-1     effective maintenance and operations rate of the unit is increased
 3-2     by the amount of the decrease of maintenance and operations tax
 3-3     revenue spent by the taxing unit that reduced funding for
 3-4     [discontinued operating] the substantially similar department,
 3-5     function, or activity compared to the amount of maintenance and
 3-6     operations tax revenue spent on [to operate] that department,
 3-7     function, or activity for the 12 months preceding the month in
 3-8     which the calculations required by this chapter are made [and in
 3-9     which the unit operated the discontinued department, function, or
3-10     activity].  If the unit did not operate the discontinued
3-11     department, function, or activity for the full 12 months preceding
3-12     the month in which the calculations required by this chapter are
3-13     made, the unit may increase last year's levy used to calculate the
3-14     effective maintenance and operations rate by an amount not to
3-15     exceed the decrease in the amount of property tax revenue spent by
3-16     the other [discontinuing] unit to fund [operate] the [discontinued]
3-17     department, function, or activity compared to the amount of
3-18     maintenance and operations tax revenue spent in the last full
3-19     fiscal year before [in which] the other [discontinuing] unit
3-20     reduced funding for [operated] the department, function, or
3-21     activity.
3-22           (k)  As the term is used in Subsections (i) and (j),
3-23     "funding" includes a payment made to another taxing unit through a
3-24     written contract for the operation of the department, function, or
3-25     activity.  The term does not include a payment made by a taxing
3-26     unit from funds received from another taxing unit through a written
 4-1     contract to operate the department, function, or activity.
 4-2           (l)  Notwithstanding any other provision of this section, the
 4-3     rollback tax rate of a taxing unit is increased or reduced under
 4-4     Subsection (i) or (j) only in the amount of ad valorem tax revenue
 4-5     spent by the taxing unit on that part of the funding of the
 4-6     department, function, or activity that is assumed or discontinued
 4-7     by the taxing authority.  If the department, function, or activity
 4-8     has been funded by revenue sources other than ad valorem taxes, the
 4-9     taxing unit may use any reasonable method to calculate the amount
4-10     of ad valorem tax revenue that is or has been spent to fund the
4-11     department, function, or activity.
4-12           SECTION 2.  This Act takes effect September 1, 1999.
4-13           SECTION 3.  The importance of this legislation and the
4-14     crowded condition of the calendars in both houses create an
4-15     emergency and an imperative public necessity that the
4-16     constitutional rule requiring bills to be read on three several
4-17     days in each house be suspended, and this rule is hereby suspended.