78R9738 ESH-F
By: Howard H.B. No. 2964
Substitute the following for H.B. No. 2964:
By: Hochberg C.S.H.B. No. 2964
A BILL TO BE ENTITLED
AN ACT
relating to the operation of municipal school districts and the
levy of municipal school district taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 11, is amended by adding
Section 11.303 to read as follows:
Sec. 11.303. MUNICIPAL SCHOOL DISTRICTS. (a) Except as
otherwise provided by this section, a school district operating
under former Chapter 24 may continue to operate under that chapter
as it existed on May 1, 1995, and under state law generally
applicable to school districts that does not conflict with that
chapter.
(b) Notwithstanding former Section 24.06(c), as it existed
on May 1, 1995, after requisition by the board of trustees of the
municipal school district, the governing body of the municipality
shall approve and levy taxes for the district. The governing body
of the municipality may adopt the tax rate requisitioned by the
board of trustees or may adopt a different tax rate. If the
governing body of the municipality adopts a tax rate different than
the rate requisitioned by the board of trustees, the board of
trustees shall conform the district's budget for the applicable
fiscal year in accordance with revenue projections based on the
rate adopted by the governing body.
(c) The board of trustees of a municipal school district and
the governing body of the municipality shall jointly hold any
hearing required by law as a condition for the imposition of an ad
valorem tax. After adopting an ordinance levying a tax for the
municipal school district, the governing body of the municipality
shall provide a certified copy of the ordinance to the district's
board of trustees.
(d) This section may not be construed as authorizing the
governing body of a municipality to levy a tax for the support of
schools of a municipal school district without fully complying with
all applicable provisions of the Tax Code.
SECTION 2. Section 11.301, Education Code, is amended to
read as follows:
Sec. 11.301. APPLICATION OF FORMER LAW. (a) A school
district or county system operating under former Chapter 17, 18,
22, [24,] 25, 26, 27, or 28 on May 1, 1995, may continue to operate
under the applicable chapter as that chapter existed on that date
and under state law generally applicable to school districts that
does not conflict with that chapter.
(b) A school district operating under former Chapter 22 may
incorporate and become an independent school district in the manner
provided by former Subchapter F, Chapter 19, as that subchapter
existed on May 1, 1995. [A school district operating under former
Chapter 24 may be separated from municipal control and become an
independent school district in the manner provided by former
Subchapter E, Chapter 19, as that subchapter existed on May 1,
1995.]
SECTION 3. This Act takes effect September 1, 2003.