1-1 By: Duncan S.B. No. 460 1-2 (In the Senate - Filed January 30, 2001; January 31, 2001, 1-3 read first time and referred to Committee on Education; 1-4 March 29, 2001, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; March 29, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the inclusion of certain contractual obligations in the 1-9 debt of a school district for property tax purposes. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subdivision (7), Section 26.012, Tax Code, is 1-12 amended to read as follows: 1-13 (7) "Debt" means a bond, warrant, certificate of 1-14 obligation, or other evidence of indebtedness owed by a taxing unit 1-15 that is payable solely from property taxes in installments over a 1-16 period of more than one year, not budgeted for payment from 1-17 maintenance and operations funds, and secured by a pledge of 1-18 property taxes, or a payment made under contract to secure 1-19 indebtedness of a similar nature issued by another political 1-20 subdivision on behalf of the taxing unit. For a school district 1-21 that complies with Section 26.03, the term also includes all or 1-22 part of a contractual obligation entered into by the district that 1-23 has a term of more than one year, is payable from property taxes, 1-24 is budgeted for payment from maintenance and operations funds, and 1-25 is secured by a pledge of property taxes. 1-26 SECTION 2. Chapter 26, Tax Code, is amended by adding 1-27 Section 26.03 to read as follows: 1-28 Sec. 26.03. NOTICE OF INTENTION TO INCLUDE CONTRACTUAL 1-29 OBLIGATION IN DEBT OF SCHOOL DISTRICT. (a) The board of trustees 1-30 of a school district may include a contractual obligation budgeted 1-31 for payment from maintenance and operations funds as described by 1-32 Section 26.012(7) in the debt of the district only in compliance 1-33 with this section. 1-34 (b) The board of trustees may include a contractual 1-35 obligation described by Subsection (a) in the district's debt only 1-36 to the extent that the district's debt rate imposed for payment of 1-37 all such contractual obligations does not exceed $0.05 per $100 of 1-38 valuation. 1-39 (c) Before the board of trustees may act to include the 1-40 contractual obligation in the debt of the district, the board of 1-41 trustees must provide public notice of the board's intention. 1-42 (d) The notice required by Subsection (c) must: 1-43 (1) be published in a newspaper of general circulation 1-44 in the district not later than the 15th day before the date set for 1-45 the board meeting at which a tax rate is to be adopted for the 1-46 district; and 1-47 (2) contain a statement in the following form: 1-48 "NOTICE OF INTENTION TO INCLUDE ONE OR MORE SCHOOL 1-49 DISTRICT CONTRACTUAL OBLIGATIONS IN DEBT OF DISTRICT 1-50 "The board of trustees of (name of school district), in 1-51 adopting a tax rate for the district, will consider a proposal to 1-52 include one or more contractual obligations in the debt of the 1-53 district. If approved, inclusion of those obligations in the 1-54 district's debt will have the effect of increasing the amount of 1-55 the district's debt service and raising the district's rollback tax 1-56 rate. The rollback tax rate is the limit on the amount of a tax 1-57 rate increase over the previous year's rate that the district may 1-58 adopt without holding an election." 1-59 (e) At the meeting, the board of trustees shall specify 1-60 whether all or part of the contractual obligation will be included 1-61 in the debt of the district. 1-62 SECTION 3. This Act takes effect immediately if it receives 1-63 a vote of two-thirds of all the members elected to each house, as 1-64 provided by Section 39, Article III, Texas Constitution. If this 2-1 Act does not receive the vote necessary for immediate effect, this 2-2 Act takes effect September 1, 2001. 2-3 * * * * *