81R10391 SMH-D
 
  By: Eissler H.B. No. 2543
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain limitations on the ad valorem tax rate of a
  school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 26, Tax Code, is amended by adding
  Section 26.083 to read as follows:
         Sec. 26.083.  TEMPORARY AUTHORIZATION TO ADOPT SCHOOL
  DISTRICT TAX RATE THAT EXCEEDS DISTRICT'S ROLLBACK TAX RATE. (a)
  The governing body of a school district in the manner provided by
  law for official action by the governing body may call an election
  to authorize the district to adopt a maintenance and operations tax
  rate not to exceed a specified rate for a specified period.
         (b)  An election under this section must be held on a uniform
  election date. If the governing body of the school district has not
  adopted a tax rate for the current tax year before the date the
  election is held, the election applies to the district's tax rate
  for the current tax year and the following tax year. If the
  governing body of the school district adopted a tax rate for the
  current tax year before the date the election is held, the election
  applies to the district's tax rate for the following two tax years.
         (c)  The ballot for the election shall be prepared to permit
  voting for or against the proposition: "Authorizing the (name of
  school district) to adopt a tax rate for maintenance and operations
  purposes for (the current tax year and the following tax year or the
  following two tax years, as applicable) at a rate not to exceed $   
  per $100 valuation." The ballot proposition must include the
  proposed limit on the school district's maintenance and operations
  tax rate.
         (d)  If a majority of the votes cast in the election favor the
  proposition, the district, for the current tax year and the
  following tax year or for the following two tax years, as
  applicable, may adopt a tax rate that does not exceed the sum of the
  rate stated in the ballot proposition and the district's current
  debt rate for the applicable year without being required to hold an
  election under Section 26.08 to ratify the adopted tax rate,
  regardless of whether the adopted tax rate exceeds the district's
  rollback tax rate for that tax year.
         (e)  If the proposition is not approved as provided by
  Subsection (d), Section 26.08 applies to the school district's tax
  rate for the applicable tax years.
         SECTION 2.  This Act applies to the ad valorem tax rate of a
  school district for a tax year beginning on or after the effective
  date of this Act.
         SECTION 3.  This Act takes effect January 1, 2010.