1 | 1 | | By: Taylor of Galveston, et al. S.B. No. 945 |
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2 | 2 | | (Aycock) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to funding under the public school finance system for a |
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8 | 8 | | school district with a compressed tax rate below the state maximum |
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9 | 9 | | compressed tax rate. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 41.002(a), Education Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | (a) A school district may not have a wealth per student that |
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14 | 14 | | exceeds: |
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15 | 15 | | (1) the wealth per student that generates the amount |
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16 | 16 | | of maintenance and operations tax revenue per weighted student |
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17 | 17 | | available to a district with maintenance and operations tax revenue |
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18 | 18 | | per cent of tax effort equal to the maximum amount provided per cent |
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19 | 19 | | under Section 42.101(a) or (b), for the district's maintenance and |
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20 | 20 | | operations tax effort equal to or less than the rate equal to the |
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21 | 21 | | sum of the product of the state compression percentage, as |
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22 | 22 | | determined under Section 42.2516, multiplied by the maintenance and |
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23 | 23 | | operations tax rate adopted by the district for the 2005 tax year |
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24 | 24 | | and any additional tax effort included in calculating the |
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25 | 25 | | district's compressed tax rate under Section 42.101(a-1); |
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26 | 26 | | (2) the wealth per student that generates the amount |
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27 | 27 | | of maintenance and operations tax revenue per weighted student |
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28 | 28 | | available to the Austin Independent School District, as determined |
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29 | 29 | | by the commissioner in cooperation with the Legislative Budget |
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30 | 30 | | Board, for the first six cents by which the district's maintenance |
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31 | 31 | | and operations tax rate exceeds the rate equal to the sum of the |
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32 | 32 | | product of the state compression percentage, as determined under |
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33 | 33 | | Section 42.2516, multiplied by the maintenance and operations tax |
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34 | 34 | | rate adopted by the district for the 2005 tax year and any |
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35 | 35 | | additional tax effort included in calculating the district's |
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36 | 36 | | compressed tax rate under Section 42.101(a-1), subject to Section |
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37 | 37 | | 41.093(b-1); or |
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38 | 38 | | (3) $319,500, for the district's maintenance and |
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39 | 39 | | operations tax effort that exceeds the amount of tax effort |
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40 | 40 | | described by Subdivision (2) [first six cents by which the |
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41 | 41 | | district's maintenance and operations tax effort exceeds the rate |
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42 | 42 | | equal to the product of the state compression percentage, as |
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43 | 43 | | determined under Section 42.2516, multiplied by the maintenance and |
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44 | 44 | | operations tax rate adopted by the district for the 2005 tax year]. |
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45 | 45 | | SECTION 2. Section 41.093(b-1), Education Code, is amended |
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46 | 46 | | to read as follows: |
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47 | 47 | | (b-1) If the guaranteed level of state and local funds per |
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48 | 48 | | weighted student per cent of tax effort under Section |
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49 | 49 | | 42.302(a-1)(1) for which state funds are appropriated for a school |
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50 | 50 | | year is an amount at least equal to the amount of revenue per |
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51 | 51 | | weighted student per cent of tax effort available to the Austin |
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52 | 52 | | Independent School District, as determined by the commissioner in |
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53 | 53 | | cooperation with the Legislative Budget Board, the commissioner, in |
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54 | 54 | | computing the amounts described by Subsections (a)(1) and (2) and |
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55 | 55 | | determining the cost of an attendance credit, shall exclude |
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56 | 56 | | maintenance and operations tax revenue resulting from the tax rate |
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57 | 57 | | described by Section 41.002(a)(2) [first six cents by which a |
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58 | 58 | | district's maintenance and operations tax rate exceeds the rate |
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59 | 59 | | equal to the product of the state compression percentage, as |
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60 | 60 | | determined under Section 42.2516, multiplied by the maintenance and |
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61 | 61 | | operations tax rate adopted by the district for the 2005 tax year]. |
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62 | 62 | | SECTION 3. Section 42.101, Education Code, as effective |
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63 | 63 | | September 1, 2015, is amended by adding Subsections (a-1), (a-2), |
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64 | 64 | | and (c) to read as follows: |
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65 | 65 | | (a-1) Notwithstanding Subsection (a), for a school district |
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66 | 66 | | that adopted a maintenance and operations tax rate for the 2005 tax |
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67 | 67 | | year below the maximum rate permitted by law for that year, the |
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68 | 68 | | district's compressed tax rate ("DCR") includes the portion of the |
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69 | 69 | | district's current maintenance and operations tax rate in excess of |
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70 | 70 | | the first six cents above the district's compressed tax rate, as |
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71 | 71 | | defined by Subsection (a), until the district's compressed tax rate |
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72 | 72 | | computed in accordance with this subsection is equal to the state |
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73 | 73 | | maximum compressed tax rate ("MCR"). |
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74 | 74 | | (a-2) Subsection (a-1) applies beginning with the 2017-2018 |
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75 | 75 | | school year. For the 2015-2016 and 2016-2017 school years, the |
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76 | 76 | | board of trustees of a school district that adopted a maintenance |
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77 | 77 | | and operations tax rate for the 2005 tax year below the maximum rate |
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78 | 78 | | permitted by law for that year may choose to apply Subsection (a-1) |
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79 | 79 | | to the calculation of the district's compressed tax rate ("DCR"). A |
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80 | 80 | | board of trustees that chooses to apply Subsection (a-1) must |
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81 | 81 | | notify the commissioner of the decision in writing not later than |
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82 | 82 | | September 1 of the affected school year. This subsection expires |
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83 | 83 | | September 1, 2018. |
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84 | 84 | | (c) This subsection applies to a school district for which |
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85 | 85 | | the compressed tax rate ("DCR") is determined in accordance with |
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86 | 86 | | Subsection (a-1). Any reduction in the district's adopted |
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87 | 87 | | maintenance and operations tax rate is applied to the following |
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88 | 88 | | components of the district's tax rate in the order specified: |
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89 | 89 | | (1) tax effort described by Section 42.302(a-1)(2); |
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90 | 90 | | (2) tax effort described by Section 42.302(a-1)(1); |
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91 | 91 | | and |
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92 | 92 | | (3) tax effort included in the determination of the |
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93 | 93 | | district's compressed tax rate ("DCR") under Subsection (a-1). |
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94 | 94 | | SECTION 4. Section 42.2516, Education Code, is amended by |
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95 | 95 | | adding Subsection (c-1) to read as follows: |
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96 | 96 | | (c-1) Revenue generated by the portion of a district's |
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97 | 97 | | maintenance and operations tax rate included in calculating the |
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98 | 98 | | district's compressed tax rate under Section 42.101(a-1) and local |
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99 | 99 | | share under Section 42.252(a-1) is included in determining the |
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100 | 100 | | amount to which a district is entitled under this section, but may |
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101 | 101 | | not increase the total amount of revenue per weighted student to |
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102 | 102 | | which the district is entitled under this section. This subsection |
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103 | 103 | | expires September 1, 2017. |
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104 | 104 | | SECTION 5. Section 42.252, Education Code, is amended by |
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105 | 105 | | adding Subsection (a-1) to read as follows: |
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106 | 106 | | (a-1) Notwithstanding Subsection (a), for a school district |
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107 | 107 | | that adopted a maintenance and operations tax rate for the 2005 tax |
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108 | 108 | | year below the maximum rate permitted by law for that year, the |
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109 | 109 | | district's tax rate ("TR") includes the tax effort included in |
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110 | 110 | | calculating the district's compressed tax rate under Section |
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111 | 111 | | 42.101(a-1). |
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112 | 112 | | SECTION 6. Section 42.302(a-1), Education Code, is amended |
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113 | 113 | | to read as follows: |
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114 | 114 | | (a-1) [In this section, "wealth per student" has the meaning |
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115 | 115 | | assigned by Section 41.001.] For purposes of Subsection (a), the |
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116 | 116 | | dollar amount guaranteed level of state and local funds per |
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117 | 117 | | weighted student per cent of tax effort ("GL") for a school district |
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118 | 118 | | is: |
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119 | 119 | | (1) the greater of the amount of district tax revenue |
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120 | 120 | | per weighted student per cent of tax effort that would be available |
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121 | 121 | | to the Austin Independent School District, as determined by the |
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122 | 122 | | commissioner in cooperation with the Legislative Budget Board, if |
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123 | 123 | | the reduction of the limitation on tax increases as provided by |
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124 | 124 | | Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the |
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125 | 125 | | amount of district tax revenue per weighted student per cent of tax |
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126 | 126 | | effort used for purposes of this subdivision in the preceding |
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127 | 127 | | school year, for the first six cents by which the district's |
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128 | 128 | | maintenance and operations tax rate exceeds the rate equal to the |
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129 | 129 | | sum of the product of the state compression percentage, as |
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130 | 130 | | determined under Section 42.2516, multiplied by the maintenance and |
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131 | 131 | | operations tax rate adopted by the district for the 2005 tax year |
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132 | 132 | | and any additional tax effort included in calculating the |
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133 | 133 | | district's compressed tax rate under Section 42.101(a-1); and |
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134 | 134 | | (2) $31.95, for the district's maintenance and |
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135 | 135 | | operations tax effort that exceeds the amount of tax effort |
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136 | 136 | | described by Subdivision (1). |
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137 | 137 | | SECTION 7. This Act takes effect September 1, 2015. |
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