85R6444 KKA-D By: Meyer H.B. No. 1838 A BILL TO BE ENTITLED AN ACT relating to a limitation on the amount of school property tax revenue that is subject to recapture under the public school finance system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 41, Education Code, is amended by adding Section 41.0932 to read as follows: Sec. 41.0932. LIMITATION ON TOTAL COST. (a) Notwithstanding any other provision of this chapter, a school district that executes an agreement to purchase all attendance credits necessary to reduce the district's wealth per student to the equalized wealth level: (1) is entitled to retain maintenance and operations tax revenue sufficient to pay the district's average maintenance and operations costs per student in average daily attendance, as determined under Subsection (b) and adjusted for inflation; and (2) may not be required to pay a total amount for attendance credits that would reduce the district's retained maintenance and operations tax revenue below the amount described by Subdivision (1). (b) For purposes of Subsection (a)(1), the commissioner shall determine a school district's average maintenance and operations costs per student in average daily attendance based on the district's maintenance and operations expenditures per student in average daily attendance for the preceding three school years. The commissioner shall adjust a district's average costs to reflect inflation in a manner determined appropriate by the commissioner. (c) A determination by the commissioner under this section is final and may not be appealed. (d) The commissioner shall adopt rules necessary to implement this section. SECTION 2. This Act takes effect September 1, 2017.