86R3417 CJC-F
 
  By: VanDeaver H.B. No. 735
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the calculation of the rollback tax rate of a school
  district and a related study.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.08, Tax Code, is amended by adding
  Subsections (q) and (r) to read as follows:
         (q)  This subsection applies only to a school district
  described by Subsection (n) whose adopted tax rate was approved at
  an election under this section in the 2006 tax year or any
  subsequent tax year. Notwithstanding Subsection (n), for purposes
  of this section, the rollback tax rate of the school district is the
  higher of:
               (1)  the amount computed under Subsection (n); or
               (2)  the sum of the following:
                     (A)  the highest maintenance and operations tax
  rate adopted by the district for the 2007 tax year or any subsequent
  tax year in which the adopted tax rate of the district was approved
  at an election under this section; and
                     (B)  the district's current debt rate.
         (r)  Subsection (q) applies to a school district only if the
  district has adopted a tax rate equal to or higher than the rate
  provided by that subsection for any tax year in the preceding 10 tax
  years.
         SECTION 2.  (a)  The comptroller of public accounts shall
  conduct a study to determine:
               (1)  the number of school districts that adopt an ad
  valorem tax rate for the tax year in which this Act takes effect
  that is lower than the district's ad valorem tax rate for the tax
  year preceding that tax year and then, for the tax year following
  the tax year in which this Act takes effect, adopt an ad valorem tax
  rate that is higher than the district's ad valorem tax rate for the
  tax year in which this Act takes effect; and
               (2)  the number of school districts that adopted an ad
  valorem tax rate for the second tax year preceding the tax year in
  which this Act takes effect that was lower than the district's ad
  valorem tax rate for the tax year preceding that tax year and then,
  for the tax year preceding the tax year in which this Act takes
  effect, adopted an ad valorem tax rate that was higher than the
  district's ad valorem tax rate for the second tax year preceding the
  tax year in which this Act takes effect.
         (b)  The comptroller of public accounts shall report the
  results of the study conducted under this section to each member of
  the legislature not later than December 1, 2021.
         SECTION 3.  (a) The change in law made by this Act applies to
  the ad valorem tax rate of a school district beginning with the 2019
  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 2019 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 2020 tax year, and the law in effect when the tax
  rate was adopted applies to the 2019 tax year with respect to that
  school district.
         SECTION 4.  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, 2019.