C.S.H.B. 2964 78(R)    BILL ANALYSIS


C.S.H.B. 2964
By: Howard
Public Education
Committee Report (Substituted)



BACKGROUND 

Amendments to Title 2 of the Education Code in 1995 included the removal
of Chapter 24.  Chapter 24 contained provisions for the establishment and
governance of municipal school districts.  Under current Section 11.301 of
the Education Code, municipal school districts operating under Chapter 24
at the time of the 1995 amendments were and are authorized to continue to
operate under that chapter as it existed on May 1, 1995.   

Section 24.06(c) of Chapter 24 provides that following requisition by the
board of trustees of a municipal school district, the governing body of
the municipality levies taxes for the benefit of the district, but has no
discretion in establishing the rate of the tax. Current law also permits a
municipal school district to be separated from municipal control and
become an independent school district if approved at an election held for
that purpose. 


PURPOSE

C.S.H.B. 2964 amends the law to preserve the status of municipal school
districts and allow the governing body of the municipality to exercise
discretion in establishing the tax rate for the municipal school district. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does nor expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.H.B. 2964 amends the Education Code by providing that taxes for a
municipal school district shall be approved and levied by the governing
body of the municipality, after requisition by the board  
of trustees. The bill authorizes the governing body of the municipality to
adopt the tax rate requisitioned by the board of trustees or may adopt a
different tax rate. The bill sets forth provisions relating to a governing
body of a municipality adopting such a tax rate. The bill deletes current
provisions relating to the separation of a municipal school district from
municipal control. 


EFFECTIVE DATE

September 1, 2003.