By Duncan                                              S.B. No. 460
         77R2647 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the inclusion of certain contractual obligations in the
 1-3     debt of a school district for property tax purposes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 26.012(7), Tax Code, is amended to read as
 1-6     follows:
 1-7                 (7)  "Debt" means a bond, warrant, certificate of
 1-8     obligation, or other evidence of indebtedness owed by a taxing unit
 1-9     that is payable solely from property taxes in installments over a
1-10     period of more than one year, not budgeted for payment from
1-11     maintenance and operations funds, and secured by a pledge of
1-12     property taxes, or a payment made under contract to secure
1-13     indebtedness of a similar nature issued by another political
1-14     subdivision on behalf of the taxing unit. For a school district
1-15     that complies with Section 26.03, the term also includes all or
1-16     part of a contractual obligation entered into by the district that
1-17     has a term of more than one year, is payable from property taxes,
1-18     is budgeted for payment from maintenance and operations funds, and
1-19     is secured by a pledge of property taxes.
1-20           SECTION 2. Chapter 26, Tax Code, is amended by adding Section
1-21     26.03 to read as follows:
1-22           Sec. 26.03.  NOTICE OF INTENTION TO INCLUDE CONTRACTUAL
1-23     OBLIGATION IN DEBT OF SCHOOL DISTRICT. (a)  The board of trustees
1-24     of a school district may include a contractual obligation budgeted
 2-1     for payment from maintenance and operations funds as described by
 2-2     Section 26.012(7) in the debt of the district only in compliance
 2-3     with this section.
 2-4           (b)  The board of trustees may include a contractual
 2-5     obligation described by Subsection (a) in the district's debt only
 2-6     to the extent that the district's debt rate imposed for payment of
 2-7     all such contractual obligations does not exceed $0.05 per $100 of
 2-8     valuation.
 2-9           (c)  Before the board of trustees may act to include the
2-10     contractual obligation in the debt of the district, the board of
2-11     trustees must provide public notice of the board's intention.
2-12           (d)  The notice required by Subsection (c) must:
2-13                 (1)  be published in a newspaper of general circulation
2-14     in the district not later than the 15th day before the date set for
2-15     the board meeting at which a tax rate is to be adopted for the
2-16     district; and
2-17                 (2)  contain a statement in the following form:
2-18                "NOTICE OF INTENTION TO INCLUDE ONE OR MORE SCHOOL
2-19               DISTRICT CONTRACTUAL OBLIGATIONS IN DEBT OF DISTRICT
2-20           "The board of trustees of (name of school district), in
2-21     adopting a tax rate for the district, will consider a proposal to
2-22     include one or more contractual obligations in the debt of the
2-23     district.  If approved, inclusion of those obligations in the
2-24     district's debt will have the effect of increasing the amount of
2-25     the district's debt service and raising the district's rollback tax
2-26     rate.  The rollback tax rate is the limit on the amount of a tax
2-27     rate increase over the previous year's rate that the district may
 3-1     adopt without holding an election."
 3-2           (e)  At the meeting, the board of trustees shall specify
 3-3     whether all or part of the contractual obligation will be included
 3-4     in the debt of the district.
 3-5           SECTION 3.  This Act takes effect immediately if it receives
 3-6     a vote of two-thirds of all the members elected to each house, as
 3-7     provided by Section 39, Article III, Texas Constitution.  If this
 3-8     Act does not receive the vote necessary for immediate effect, this
 3-9     Act takes effect September 1, 2001.