85R4479 SMH/CAE-D
By: Taylor of Collin S.B. No. 1810
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the cost of an attendance credit under
the public school finance system and the effect of such a limitation
on the calculation of the rollback tax rate of a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.093, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-2) to read as
follows:
(a) Subject to Subsections [Subsection] (b-1) and (b-2),
the cost of each credit is an amount equal to the greater of:
(1) the amount of the district's maintenance and
operations tax revenue per student in weighted average daily
attendance for the school year for which the contract is executed;
or
(2) the amount of the statewide district average of
maintenance and operations tax revenue per student in weighted
average daily attendance for the school year preceding the school
year for which the contract is executed.
(b-2) The total amount required under this section for a
school district to purchase attendance credits necessary to reduce
the district's wealth per student to the equalized wealth level may
not exceed the total amount required to purchase necessary
attendance credits during the preceding school year by a percentage
that is greater than the percentage calculated for the district and
reported to the commissioner under Section 26.04(e-2), Tax Code,
for the current tax year. The commissioner shall compute the
difference between the amount the district would otherwise be
required to pay under this subchapter for attendance credits
necessary to reduce the district's wealth per student to the
equalized wealth level and the amount the district is required to
pay as limited by this subsection and certify that amount to the
board of trustees of the district and the officer or employee
designated by the board of trustees of the district to calculate the
rollback tax rate of the district.
SECTION 2. Section 26.04, Tax Code, is amended by adding
Subsection (e-2) to read as follows:
(e-2) This subsection applies only to a school district with
a wealth per student that exceeds the equalized wealth level, as
determined by the commissioner of education under Chapter 41,
Education Code. An officer or employee designated by the governing
body of the school district shall calculate the positive percentage
difference, if any, between the rollback tax rate of the school
district and the tax rate adopted by the school district for the
preceding tax year. For purposes of this subsection, the officer or
employee shall calculate the rollback tax rate of the school
district in accordance with Subsection (c)(2) of this section
instead of Section 26.08, except that the officer or employee shall
calculate the effective maintenance and operations rate of the
school district in accordance with the provisions of Section
26.08(i) governing the effective maintenance and operations tax
rate of a school district instead of the definition of the effective
maintenance and operations rate of a taxing unit as defined by
Section 26.012. By August 7 or as soon thereafter as practicable,
the officer or employee shall submit the percentage calculated
under this subsection to the governing body of the school district
and the commissioner of education.
SECTION 3. Section 26.08, Tax Code, is amended by adding
Subsection (q) to read as follows:
(q) This subsection applies only to a school district to
which Section 26.04(e-2) applies. The rollback tax rate of a school
district as otherwise calculated under this section is reduced by
the rate that, if applied to the total taxable value of property in
the school district, would generate the amount of revenue certified
under Section 41.093(b-2), Education Code, to the governing body of
the school district and the officer or employee designated by the
governing body of the school district to calculate the rollback tax
rate of the school district.
SECTION 4. (a) Section 41.093, Education Code, as amended
by this Act, applies only to the cost of an attendance credit for a
school year beginning in a tax year that begins on or after the
effective date of this Act.
(b) Sections 26.04 and 26.08, Tax Code, as amended by this
Act, apply only to the calculation of the rollback tax rate of a
school district for a tax year beginning on or after the effective
date of this Act.
SECTION 5. This Act takes effect January 1, 2018.