Bill Text: TX HB1833 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to notice requirements for certain hearings and meetings of the board of trustees of a school district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-15 - Left pending in committee [HB1833 Detail]
Download: Texas-2011-HB1833-Introduced.html
82R6879 PAM-F | ||
By: Shelton | H.B. No. 1833 |
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relating to notice requirements for certain hearings and meetings | ||
of the board of trustees of a school district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Section 11.179 to read as follows: | ||
Sec. 11.179. UNIFORM NOTICE FOR CERTAIN BOARD HEARINGS AND | ||
MEETINGS. (a) The board of trustees of a school district shall | ||
provide notice of a hearing under Sections 39.083 and 39.306 and a | ||
meeting under Section 44.004 by: | ||
(1) sending the notice through e-mail to media serving | ||
the district; | ||
(2) prominently posting the entire notice, in addition | ||
to any required documents or summaries, on the district's Internet | ||
website; | ||
(3) making the notice, in addition to any required | ||
documents or summaries, available for public inspection at the | ||
district's central administrative office; and | ||
(4) making the notice, in addition to any required | ||
documents or summaries, available for public inspection at each | ||
campus in the district. | ||
(b) In addition to providing notice as required by | ||
Subsection (a), the board may also provide notice as permitted by | ||
Section 39.083, 39.306, or 44.004, as applicable. | ||
SECTION 2. Section 39.083(d), Education Code, is amended to | ||
read as follows: | ||
(d) The board of trustees of each school district shall hold | ||
a public hearing on the report. The board shall give notice of the | ||
hearing to owners of real property in the district and to parents of | ||
district students. In addition to other notice required by law, | ||
notice of the hearing: | ||
(1) may [ |
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[ |
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district; and | ||
(2) must be provided as prescribed by Section | ||
11.179(a) [ |
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SECTION 3. Section 39.306(c), Education Code, is amended to | ||
read as follows: | ||
(c) The board of trustees shall hold a hearing for public | ||
discussion of the report. The board of trustees shall give notice | ||
of the hearing to property owners in the district and parents of and | ||
other persons standing in parental relation to a district student. | ||
The notification may [ |
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general circulation in the district and must include notice as | ||
prescribed by Section 11.179(a) [ |
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disseminated within the district in a manner to be determined under | ||
rules adopted by the commissioner. | ||
SECTION 4. Sections 44.004(b), (c), (i), and (j), Education | ||
Code, are amended to read as follows: | ||
(b) The president shall provide for [ |
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notice of the budget and proposed tax rate meeting as prescribed by | ||
Section 11.179(a) and may provide for publication of the notice in a | ||
daily, weekly, or biweekly newspaper published in the district. If | ||
no daily, weekly, or biweekly newspaper is published in the | ||
district, the president may [ |
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notice in at least one newspaper of general circulation in the | ||
county in which the district's central administrative office is | ||
located. Notice under this subsection shall be provided [ |
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not earlier than the 30th day or later than the 10th day before the | ||
date of the meeting [ |
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(c) A [ |
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the budget and the proposed tax rate published in a newspaper under | ||
Subsection (b) may not be smaller than one-quarter page of a | ||
standard-size or a tabloid-size newspaper, and the headline on the | ||
notice must be in 18-point or larger type. Subject to Subsection | ||
(d), [ |
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(1) contain a statement in the following form: | ||
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE | ||
"The (name of school district) will hold a public meeting at | ||
(time, date, year) in (name of room, building, physical location, | ||
city, state). The purpose of this meeting is to discuss the school | ||
district's budget that will determine the tax rate that will be | ||
adopted. Public participation in the discussion is invited." The | ||
statement of the purpose of the meeting must be in bold type. In | ||
reduced type, the notice must state: "The tax rate that is | ||
ultimately adopted at this meeting or at a separate meeting at a | ||
later date may not exceed the proposed rate shown below unless the | ||
district provides [ |
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information and comparisons set out below and holds another public | ||
meeting to discuss the revised notice."; | ||
(2) contain a section entitled "Comparison of Proposed | ||
Budget with Last Year's Budget," which must show the difference, | ||
expressed as a percent increase or decrease, as applicable, in the | ||
amounts budgeted for the preceding fiscal year and the amount | ||
budgeted for the fiscal year that begins in the current tax year for | ||
each of the following: | ||
(A) maintenance and operations; | ||
(B) debt service; and | ||
(C) total expenditures; | ||
(3) contain a section entitled "Total Appraised Value | ||
and Total Taxable Value," which must show the total appraised value | ||
and the total taxable value of all property and the total appraised | ||
value and the total taxable value of new property taxable by the | ||
district in the preceding tax year and the current tax year as | ||
calculated under Section 26.04, Tax Code; | ||
(4) contain a statement of the total amount of the | ||
outstanding and unpaid bonded indebtedness of the school district; | ||
(5) contain a section entitled "Comparison of Proposed | ||
Rates with Last Year's Rates," which must: | ||
(A) show in rows the tax rates described by | ||
Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of | ||
property, for columns entitled "Maintenance & Operations," | ||
"Interest & Sinking Fund," and "Total," which is the sum of | ||
"Maintenance & Operations" and "Interest & Sinking Fund": | ||
(i) the school district's "Last Year's | ||
Rate"; | ||
(ii) the "Rate to Maintain Same Level of | ||
Maintenance & Operations Revenue & Pay Debt Service," which: | ||
(a) in the case of "Maintenance & | ||
Operations," is the tax rate that, when applied to the current | ||
taxable value for the district, as certified by the chief appraiser | ||
under Section 26.01, Tax Code, and as adjusted to reflect changes | ||
made by the chief appraiser as of the time the notice is prepared, | ||
would impose taxes in an amount that, when added to state funds to | ||
be distributed to the district under Chapter 42, would provide the | ||
same amount of maintenance and operations taxes and state funds | ||
distributed under Chapter 42 per student in average daily | ||
attendance for the applicable school year that was available to the | ||
district in the preceding school year; and | ||
(b) in the case of "Interest & Sinking | ||
Fund," is the tax rate that, when applied to the current taxable | ||
value for the district, as certified by the chief appraiser under | ||
Section 26.01, Tax Code, and as adjusted to reflect changes made by | ||
the chief appraiser as of the time the notice is prepared, and when | ||
multiplied by the district's anticipated collection rate, would | ||
impose taxes in an amount that, when added to state funds to be | ||
distributed to the district under Chapter 46 and any excess taxes | ||
collected to service the district's debt during the preceding tax | ||
year but not used for that purpose during that year, would provide | ||
the amount required to service the district's debt; and | ||
(iii) the "Proposed Rate"; | ||
(B) contain fourth and fifth columns aligned with | ||
the columns required by Paragraph (A) that show, for each row | ||
required by Paragraph (A): | ||
(i) the "Local Revenue per Student," which | ||
is computed by multiplying the district's total taxable value of | ||
property, as certified by the chief appraiser for the applicable | ||
school year under Section 26.01, Tax Code, and as adjusted to | ||
reflect changes made by the chief appraiser as of the time the | ||
notice is prepared, by the total tax rate, and dividing the product | ||
by the number of students in average daily attendance in the | ||
district for the applicable school year; and | ||
(ii) the "State Revenue per Student," which | ||
is computed by determining the amount of state aid received or to be | ||
received by the district under Chapters 42, 43, and 46 and dividing | ||
that amount by the number of students in average daily attendance in | ||
the district for the applicable school year; and | ||
(C) contain an asterisk after each calculation | ||
for "Interest & Sinking Fund" and a footnote to the section that, in | ||
reduced type, states "The Interest & Sinking Fund tax revenue is | ||
used to pay for bonded indebtedness on construction, equipment, or | ||
both. The bonds, and the tax rate necessary to pay those bonds, | ||
were approved by the voters of this district."; | ||
(6) contain a section entitled "Comparison of Proposed | ||
Levy with Last Year's Levy on Average Residence," which must: | ||
(A) show in rows the information described by | ||
Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns | ||
entitled "Last Year" and "This Year": | ||
(i) "Average Market Value of Residences," | ||
determined using the same group of residences for each year; | ||
(ii) "Average Taxable Value of Residences," | ||
determined after taking into account the limitation on the | ||
appraised value of residences under Section 23.23, Tax Code, and | ||
after subtracting all homestead exemptions applicable in each year, | ||
other than exemptions available only to disabled persons or persons | ||
65 years of age or older or their surviving spouses, and using the | ||
same group of residences for each year; | ||
(iii) "Last Year's Rate Versus Proposed | ||
Rate per $100 Value"; and | ||
(iv) "Taxes Due on Average Residence," | ||
determined using the same group of residences for each year; and | ||
(B) contain the following information: "Increase | ||
(Decrease) in Taxes" expressed in dollars and cents, which is | ||
computed by subtracting the "Taxes Due on Average Residence" for | ||
the preceding tax year from the "Taxes Due on Average Residence" for | ||
the current tax year; | ||
(7) contain the following statement in bold print: | ||
"Under state law, the dollar amount of school taxes imposed on the | ||
residence of a person 65 years of age or older or of the surviving | ||
spouse of such a person, if the surviving spouse was 55 years of age | ||
or older when the person died, may not be increased above the amount | ||
paid in the first year after the person turned 65, regardless of | ||
changes in tax rate or property value."; | ||
(8) contain the following statement in bold print: | ||
"Notice of Rollback Rate: The highest tax rate the district can | ||
adopt before requiring voter approval at an election is (the school | ||
district rollback rate determined under Section 26.08, Tax | ||
Code). This election will be automatically held if the district | ||
adopts a rate in excess of the rollback rate of (the school district | ||
rollback rate)."; and | ||
(9) contain a section entitled "Fund Balances," which | ||
must include the estimated amount of interest and sinking fund | ||
balances and the estimated amount of maintenance and operation or | ||
general fund balances remaining at the end of the current fiscal | ||
year that are not encumbered with or by corresponding debt | ||
obligation, less estimated funds necessary for the operation of the | ||
district before the receipt of the first payment under Chapter 42 in | ||
the succeeding school year. | ||
(i) A school district that uses a certified estimate, as | ||
authorized by Subsection (h), may adopt a budget at the public | ||
meeting designated in the notice prepared using the estimate, but | ||
the district may not adopt a tax rate before the district receives | ||
the certified appraisal roll for the district required by Section | ||
26.01(a), Tax Code. After receipt of the certified appraisal roll, | ||
the district must provide [ |
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another public meeting before the district may adopt a tax rate that | ||
exceeds: | ||
(1) the rate proposed in the notice prepared using the | ||
estimate; or | ||
(2) the district's rollback rate determined under | ||
Section 26.08, Tax Code, using the certified appraisal roll. | ||
(j) Notwithstanding Subsections (g), (h), and (i), a school | ||
district may adopt a budget after the district adopts a tax rate for | ||
the tax year in which the fiscal year covered by the budget begins | ||
if the district elects to adopt a tax rate before receiving the | ||
certified appraisal roll for the district as provided by Section | ||
26.05(g), Tax Code. If a school district elects to adopt a tax rate | ||
before adopting a budget, the district must provide [ |
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notice and hold a meeting for the purpose of discussing the proposed | ||
tax rate as provided by this section. Following adoption of the | ||
tax rate, the district must provide [ |
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another public meeting before the district may adopt a budget. The | ||
comptroller shall prescribe the language and format to be used in | ||
the notices. The school district may use the certified estimate of | ||
taxable value in preparing a notice under this subsection. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
notice for a hearing or meeting for which notice is required to be | ||
provided on or after the effective date of this Act. A notice for a | ||
hearing or meeting for which notice is required to be provided | ||
before the effective date of this Act is governed by the law in | ||
effect when the notice is required to be provided, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 6. 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, 2011. |