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Amend CSHB 3646 by adding the following SECTION to the bill,
appropriately numbered, and renumbering the subsequent SECTIONS of
the bill accordingly:
SECTION ____. (a) 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 a school district adopted a maintenance and
operations tax rate that was less than the district's effective
maintenance and operations tax rate for that preceding 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 preceding
tax year.
(b) Subsection (a), Section 45.001, Education Code, is
amended to read as follows:
(a) The governing board of an independent school district,
including the city council or commission that has jurisdiction over
a municipally controlled independent school district, the
governing board of a rural high school district, and the
commissioners court of a county, on behalf of each common school
district under its jurisdiction, may:
(1) issue bonds for:
(A) the construction, acquisition, and equipment
of school buildings in the district;
(B) the acquisition of property or the
refinancing of property financed under a contract entered under
Subchapter A, Chapter 271, Local Government Code, regardless of
whether payment obligations under the contract are due in the
current year or a future year;
(C) the purchase of the necessary sites for
school buildings; and
(D) the purchase of new school buses; and
(2) may levy, pledge, assess, and collect annual ad
valorem taxes sufficient to pay the principal of and interest on the
bonds as or before the principal and interest become due, subject to
Section 45.003.
(c) The change in law made by this section applies to the ad
valorem tax rate of a school district beginning with the 2009 tax
year, except as provided by Subsection (d) of this section.
(d) 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 section, the change in law made by
this section 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.
(e) This section takes effect immediately if this Act
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 section takes effect September 1, 2009.