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  81R7613 SMH-D
 
  By: Seliger S.B. No. 1385
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the calculation of the rollback tax rate of a school
  district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.08, Tax Code, is amended by adding
  Subsection (p) to read as follows:
         (p)  Notwithstanding Subsections (i), (n), and (o), if for
  the preceding tax year the district adopted a maintenance and
  operations tax rate that was less than the district's effective
  maintenance and operations tax rate for that tax year, the rollback
  tax rate of the district for the current tax year is calculated as
  if the district adopted a maintenance and operations tax rate for
  the preceding tax year that was equal to the district's effective
  maintenance and operations tax rate for that tax year.
         SECTION 2.  (a)  The change in law made by this Act applies
  to the ad valorem tax rate of a school district beginning with the
  2009 tax year, except as provided by Subsection (b) of this section.
         (b)  If the governing body of a school district adopted an ad
  valorem tax rate for the school district for the 2009 tax year
  before the effective date of this Act, the change in law made by
  this Act applies to the ad valorem tax rate of that school district
  beginning with the 2010 tax year, and the law in effect when the tax
  rate was adopted applies to the 2009 tax year with respect to that
  school district.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.