Texas Education Code - Section 45.006. Maintenance Tax Required For Judgment Ordering Ad Valorem Tax Refund; Bonds
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§ 45.006. MAINTENANCE TAX REQUIRED FOR JUDGMENT ORDERING
AD VALOREM TAX REFUND; BONDS. (a) This section applies only to a
school district that:
(1) has an average daily attendance of less than
10,000; and
(2) is located in whole or part in a municipality with
a population of less than 25,000 that is located in a county with a
population of 200,000 or more bordering another county with a
population of 2.8 million or more.
(b) Notwithstanding Section 45.003, a school district may
levy, assess, and collect maintenance taxes at a rate that exceeds
$1.50 per $100 valuation of taxable property if:
(1) additional ad valorem taxes are necessary to pay a
debt of the district that:
(A) resulted from the rendition of a judgment
against the district before May 1, 1995;
(B) is greater than $5 million;
(C) decreases a property owner's ad valorem tax
liability;
(D) requires the district to refund to the
property owner the difference between the amount of taxes paid by
the property owner and the amount of taxes for which the property
owner is liable; and
(E) is payable according to the judgment in more
than one of the district's fiscal years; and
(2) the additional taxes are approved by the voters of
the district at an election held for that purpose.
(c) Except as provided by Subsection (e), any additional
maintenance taxes that the district collects under this section may
be used only to pay the district's debt under Subsection (b)(1).
(d) Except as provided by Subsection (e), the authority of a
school district to levy the additional ad valorem taxes under this
section expires when the judgment against the district is paid.
(e) The governing body of a school district shall pay the
district's debt under Subsection (b)(1) in a lump sum. To satisfy
the district's debt under Subsection (b)(1), the governing body may
levy and collect additional maintenance taxes as provided by
Subsection (b) and may issue bonds. If bonds are issued:
(1) the district may use any additional maintenance
taxes collected by the district under this section to pay debt
service on the bonds; and
(2) the authority of the district to levy the
additional ad valorem taxes expires when the bonds are paid in full
or the judgment is paid, whichever occurs later.
(f) The governing body of a school district that adopts a
tax rate that exceeds $1.50 per $100 valuation of taxable property
may set the amount of the exemption from taxation authorized by
Section 11.13(n), Tax Code, at any time before the date the
governing body adopts the district's tax rate for the tax year in
which the election approving the additional taxes is held.
(g) The authority to issue bonds granted by this section
expires June 1, 1996.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Section: 45.001 45.0011 45.002 45.003 45.0031 45.004 45.005 45.006 45.031 45.032 45.033 45.034 45.035 45.036 45.051
Last modified: August 10, 2007
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