1 | 1 | | 85R4479 SMH/CAE-D |
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2 | 2 | | By: Taylor of Collin S.B. No. 1810 |
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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 a limitation on the cost of an attendance credit under |
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8 | 8 | | the public school finance system and the effect of such a limitation |
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9 | 9 | | on the calculation of the rollback tax rate of a school district. |
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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 41.093, Education Code, is amended by |
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12 | 12 | | amending Subsection (a) and adding Subsection (b-2) to read as |
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13 | 13 | | follows: |
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14 | 14 | | (a) Subject to Subsections [Subsection] (b-1) and (b-2), |
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15 | 15 | | the cost of each credit is an amount equal to the greater of: |
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16 | 16 | | (1) the amount of the district's maintenance and |
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17 | 17 | | operations tax revenue per student in weighted average daily |
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18 | 18 | | attendance for the school year for which the contract is executed; |
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19 | 19 | | or |
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20 | 20 | | (2) the amount of the statewide district average of |
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21 | 21 | | maintenance and operations tax revenue per student in weighted |
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22 | 22 | | average daily attendance for the school year preceding the school |
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23 | 23 | | year for which the contract is executed. |
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24 | 24 | | (b-2) The total amount required under this section for a |
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25 | 25 | | school district to purchase attendance credits necessary to reduce |
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26 | 26 | | the district's wealth per student to the equalized wealth level may |
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27 | 27 | | not exceed the total amount required to purchase necessary |
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28 | 28 | | attendance credits during the preceding school year by a percentage |
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29 | 29 | | that is greater than the percentage calculated for the district and |
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30 | 30 | | reported to the commissioner under Section 26.04(e-2), Tax Code, |
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31 | 31 | | for the current tax year. The commissioner shall compute the |
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32 | 32 | | difference between the amount the district would otherwise be |
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33 | 33 | | required to pay under this subchapter for attendance credits |
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34 | 34 | | necessary to reduce the district's wealth per student to the |
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35 | 35 | | equalized wealth level and the amount the district is required to |
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36 | 36 | | pay as limited by this subsection and certify that amount to the |
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37 | 37 | | board of trustees of the district and the officer or employee |
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38 | 38 | | designated by the board of trustees of the district to calculate the |
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39 | 39 | | rollback tax rate of the district. |
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40 | 40 | | SECTION 2. Section 26.04, Tax Code, is amended by adding |
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41 | 41 | | Subsection (e-2) to read as follows: |
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42 | 42 | | (e-2) This subsection applies only to a school district with |
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43 | 43 | | a wealth per student that exceeds the equalized wealth level, as |
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44 | 44 | | determined by the commissioner of education under Chapter 41, |
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45 | 45 | | Education Code. An officer or employee designated by the governing |
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46 | 46 | | body of the school district shall calculate the positive percentage |
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47 | 47 | | difference, if any, between the rollback tax rate of the school |
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48 | 48 | | district and the tax rate adopted by the school district for the |
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49 | 49 | | preceding tax year. For purposes of this subsection, the officer or |
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50 | 50 | | employee shall calculate the rollback tax rate of the school |
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51 | 51 | | district in accordance with Subsection (c)(2) of this section |
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52 | 52 | | instead of Section 26.08, except that the officer or employee shall |
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53 | 53 | | calculate the effective maintenance and operations rate of the |
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54 | 54 | | school district in accordance with the provisions of Section |
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55 | 55 | | 26.08(i) governing the effective maintenance and operations tax |
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56 | 56 | | rate of a school district instead of the definition of the effective |
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57 | 57 | | maintenance and operations rate of a taxing unit as defined by |
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58 | 58 | | Section 26.012. By August 7 or as soon thereafter as practicable, |
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59 | 59 | | the officer or employee shall submit the percentage calculated |
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60 | 60 | | under this subsection to the governing body of the school district |
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61 | 61 | | and the commissioner of education. |
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62 | 62 | | SECTION 3. Section 26.08, Tax Code, is amended by adding |
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63 | 63 | | Subsection (q) to read as follows: |
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64 | 64 | | (q) This subsection applies only to a school district to |
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65 | 65 | | which Section 26.04(e-2) applies. The rollback tax rate of a school |
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66 | 66 | | district as otherwise calculated under this section is reduced by |
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67 | 67 | | the rate that, if applied to the total taxable value of property in |
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68 | 68 | | the school district, would generate the amount of revenue certified |
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69 | 69 | | under Section 41.093(b-2), Education Code, to the governing body of |
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70 | 70 | | the school district and the officer or employee designated by the |
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71 | 71 | | governing body of the school district to calculate the rollback tax |
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72 | 72 | | rate of the school district. |
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73 | 73 | | SECTION 4. (a) Section 41.093, Education Code, as amended |
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74 | 74 | | by this Act, applies only to the cost of an attendance credit for a |
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75 | 75 | | school year beginning in a tax year that begins on or after the |
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76 | 76 | | effective date of this Act. |
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77 | 77 | | (b) Sections 26.04 and 26.08, Tax Code, as amended by this |
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78 | 78 | | Act, apply only to the calculation of the rollback tax rate of a |
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79 | 79 | | school district for a tax year beginning on or after the effective |
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80 | 80 | | date of this Act. |
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81 | 81 | | SECTION 5. This Act takes effect January 1, 2018. |
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