Texas 2009 - 81st Regular

Texas Senate Bill SB393 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1991 UM-D
2	2	By: Patrick, Dan S.B. No. 393
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the treatment for school finance purposes of school
8	8	district optional residence homestead ad valorem tax exemptions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 42.2522(a), (d), and (e), Education
11	11	Code, are amended to read as follows:
12	12	(a) In any school year, the commissioner may not provide
13	13	funding under this chapter based on a school district's taxable
14	14	value of property computed in accordance with Section
15	15	403.302(d)(2)(B) [403.302(d)(2)], Government Code, unless:
16	16	(1) funds are specifically appropriated for purposes
17	17	of this section; or
18	18	(2) the commissioner determines that the total amount
19	19	of state funds appropriated for purposes of the Foundation School
20	20	Program for the school year exceeds the amount of state funds
21	21	distributed to school districts in accordance with Section 42.253
22	22	based on the taxable values of property in school districts
23	23	computed in accordance with Section 403.302(d), Government Code,
24	24	without any deduction for residence homestead exemptions granted
25	25	under Section 11.13(n), Tax Code.
26	26	(d) If the commissioner determines that the amount of funds
27	27	available under Subsection (a)(1) or (2) does not at least equal the
28	28	total amount of state funding to which districts would be entitled
29	29	if state funding under this chapter were based on the taxable values
30	30	of property in school districts computed in accordance with Section
31	31	403.302(d)(2)(B) [403.302(d)(2)], Government Code, the
32	32	commissioner may, to the extent necessary, provide state funding
33	33	based on a uniform lesser fraction of the deduction under Section
34	34	403.302(d)(2)(B) [403.302(d)(2)], Government Code.
35	35	(e) The commissioner shall notify school districts as soon
36	36	as practicable as to the availability of funds under this section.
37	37	For purposes of computing a rollback tax rate under Section 26.08,
38	38	Tax Code, a district for which the taxable value of property is
39	39	computed in accordance with Section 403.302(d)(2)(B), Government
40	40	Code, shall adjust the district's tax rate limit to reflect
41	41	assistance received under this section.
42	42	SECTION 2. Sections 403.302(d) and (k), Government Code,
43	43	are amended to read as follows:
44	44	(d) For the purposes of this section, "taxable value" means
45	45	the market value of all taxable property less:
46	46	(1) the total dollar amount of any residence homestead
47	47	exemptions lawfully granted under Section 11.13(b) or (c), Tax
48	48	Code, in the year that is the subject of the study for each school
49	49	district;
50	50	(2) for a school district for which a residence
51	51	homestead exemption under Section 11.13(n), Tax Code, was in effect
52	52	in the year that is the subject of the study:
53	53	(A) the total dollar amount of the residence
54	54	homestead exemptions granted under Section 11.13(n), Tax Code, in
55	55	the year that is the subject of the study, if a residence homestead
56	56	exemption under Section 11.13(n), Tax Code, was in effect for the
57	57	district in the 2009 tax year and in each subsequent tax year,
58	58	including the year that is the subject of the study; or
59	59	(B) one-half of the total dollar amount of the
60	60	[any] residence homestead exemptions granted under Section
61	61	11.13(n), Tax Code, in the year that is the subject of the study, if
62	62	Paragraph (A) does not apply to the [for each school] district;
63	63	(3) the total dollar amount of any exemptions granted
64	64	before May 31, 1993, within a reinvestment zone under agreements
65	65	authorized by Chapter 312, Tax Code;
66	66	(4) subject to Subsection (e), the total dollar amount
67	67	of any captured appraised value of property that:
68	68	(A) is within a reinvestment zone created on or
69	69	before May 31, 1999, or is proposed to be included within the
70	70	boundaries of a reinvestment zone as the boundaries of the zone and
71	71	the proposed portion of tax increment paid into the tax increment
72	72	fund by a school district are described in a written notification
73	73	provided by the municipality or the board of directors of the zone
74	74	to the governing bodies of the other taxing units in the manner
75	75	provided by Section 311.003(e), Tax Code, before May 31, 1999, and
76	76	within the boundaries of the zone as those boundaries existed on
77	77	September 1, 1999, including subsequent improvements to the
78	78	property regardless of when made;
79	79	(B) generates taxes paid into a tax increment
80	80	fund created under Chapter 311, Tax Code, under a reinvestment zone
81	81	financing plan approved under Section 311.011(d), Tax Code, on or
82	82	before September 1, 1999; and
83	83	(C) is eligible for tax increment financing under
84	84	Chapter 311, Tax Code;
85	85	(5) for a school district for which a deduction from
86	86	taxable value is made under Subdivision (4), an amount equal to the
87	87	taxable value required to generate revenue when taxed at the school
88	88	district's current tax rate in an amount that, when added to the
89	89	taxes of the district paid into a tax increment fund as described by
90	90	Subdivision (4)(B), is equal to the total amount of taxes the
91	91	district would have paid into the tax increment fund if the district
92	92	levied taxes at the rate the district levied in 2005;
93	93	(6) the total dollar amount of any captured appraised
94	94	value of property that:
95	95	(A) is within a reinvestment zone:
96	96	(i) created on or before December 31, 2008,
97	97	by a municipality with a population of less than 18,000; and
98	98	(ii) the project plan for which includes
99	99	the alteration, remodeling, repair, or reconstruction of a
100	100	structure that is included on the National Register of Historic
101	101	Places and requires that a portion of the tax increment of the zone
102	102	be used for the improvement or construction of related facilities
103	103	or for affordable housing;
104	104	(B) generates school district taxes that are paid
105	105	into a tax increment fund created under Chapter 311, Tax Code; and
106	106	(C) is eligible for tax increment financing under
107	107	Chapter 311, Tax Code;
108	108	(7) the total dollar amount of any exemptions granted
109	109	under Section 11.251 or 11.253, Tax Code;
110	110	(8) the difference between the comptroller's estimate
111	111	of the market value and the productivity value of land that
112	112	qualifies for appraisal on the basis of its productive capacity,
113	113	except that the productivity value estimated by the comptroller may
114	114	not exceed the fair market value of the land;
115	115	(9) the portion of the appraised value of residence
116	116	homesteads of individuals who receive a tax limitation under
117	117	Section 11.26, Tax Code, on which school district taxes are not
118	118	imposed in the year that is the subject of the study, calculated as
119	119	if the residence homesteads were appraised at the full value
120	120	required by law;
121	121	(10) a portion of the market value of property not
122	122	otherwise fully taxable by the district at market value because of:
123	123	(A) action required by statute or the
124	124	constitution of this state that, if the tax rate adopted by the
125	125	district is applied to it, produces an amount equal to the
126	126	difference between the tax that the district would have imposed on
127	127	the property if the property were fully taxable at market value and
128	128	the tax that the district is actually authorized to impose on the
129	129	property, if this subsection does not otherwise require that
130	130	portion to be deducted; or
131	131	(B) action taken by the district under Subchapter
132	132	B or C, Chapter 313, Tax Code;
133	133	(11) the market value of all tangible personal
134	134	property, other than manufactured homes, owned by a family or
135	135	individual and not held or used for the production of income;
136	136	(12) the appraised value of property the collection of
137	137	delinquent taxes on which is deferred under Section 33.06, Tax
138	138	Code;
139	139	(13) the portion of the appraised value of property
140	140	the collection of delinquent taxes on which is deferred under
141	141	Section 33.065, Tax Code; and
142	142	(14) the amount by which the market value of a
143	143	residence homestead to which Section 23.23, Tax Code, applies
144	144	exceeds the appraised value of that property as calculated under
145	145	that section.
146	146	(k) For purposes of Section 42.2522, Education Code, the
147	147	comptroller shall certify to the commissioner of education for each
148	148	school district to which Subsection (d)(2)(B) applies:
149	149	(1) a final value for the [each] school district
150	150	computed without any deduction for residence homestead exemptions
151	151	granted under Section 11.13(n), Tax Code; and
152	152	(2) a final value for the [each] school district
153	153	computed after deducting one-half the total dollar amount of
154	154	residence homestead exemptions granted under Section 11.13(n), Tax
155	155	Code.
156	156	SECTION 3. (a) The change in law made by this Act to
157	157	Section 42.2522, Education Code, applies beginning with the
158	158	2010-2011 school year. A school year before that school year is
159	159	governed by Section 42.2522, Education Code, as that section
160	160	existed before the effective date of this Act, and the former law is
161	161	continued in effect for that purpose.
162	162	(b) The change in law made by this Act to Section 403.302,
163	163	Government Code, applies only to the annual study conducted under
164	164	that section, as amended by this Act, to determine taxable value for
165	165	a tax year that begins on or after January 1, 2009. The annual study
166	166	to determine taxable value for a tax year that begins before that
167	167	date is covered by the law in effect immediately before the
168	168	effective date of this Act, and the former law is continued in
169	169	effect for that purpose.
170	170	SECTION 4. This Act takes effect immediately if it receives
171	171	a vote of two-thirds of all the members elected to each house, as
172	172	provided by Section 39, Article III, Texas Constitution. If this
173	173	Act does not receive the vote necessary for immediate effect, this
174	174	Act takes effect September 1, 2009.