Texas 2017 - 85th 1st C.S.

Texas House Bill HB22 Compare Versions

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1	1		85S10031 CAE-D
2		-	By: King of Hemphill, Price, Guillen, H.B. No. 22
3		-	Nevárez, et al.
	2	+	By: King of Hemphill H.B. No. 22
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the extension of additional state aid for tax reduction
9	8		provided to certain school districts.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		ARTICLE 1. EXTENSION OF ADDITIONAL STATE AID FOR TAX REDUCTION
12	11		SECTION 1.01. Section 42.2516, Education Code, is amended
13	12		by amending Subsections (b) and (c-1) and adding Subsections (j)
14	13		and (k) to read as follows:
15	14		(b) Notwithstanding any other provision of this title, but
16	15		subject to Subsections (j) and (k), a school district that imposes a
17	16		maintenance and operations tax at a rate at least equal to the
18	17		product of the state compression percentage multiplied by the
19	18		maintenance and operations tax rate adopted by the district for the
20	19		2005 tax year is entitled to at least the amount of state revenue
21	20		necessary to provide the district with the sum of:
22	21		(1) the percentage specified by Subsection (i) of the
23	22		amount, as calculated under Subsection (e), of state and local
24	23		revenue per student in weighted average daily attendance for
25	24		maintenance and operations that the district would have received
26	25		during the 2009-2010 school year under Chapter 41 and this chapter,
27	26		as those chapters existed on January 1, 2009, at a maintenance and
28	27		operations tax rate equal to the product of the state compression
29	28		percentage for that year multiplied by the maintenance and
30	29		operations tax rate adopted by the district for the 2005 tax year;
31	30		(2) the percentage specified by Subsection (i) of an
32	31		amount equal to the product of $120 multiplied by the number of
33	32		students in weighted average daily attendance in the district; and
34	33		(3) any amount to which the district is entitled under
35	34		Section 42.106.
36	35		(c-1) Revenue generated by the portion of a district's
37	36		maintenance and operations tax rate included in calculating the
38	37		district's compressed tax rate under Section 42.101(a-1) and local
39	38		share under Section 42.252(a-1) is included in determining the
40	39		amount to which a district is entitled under this section, but may
41	40		not increase the total amount of revenue per weighted student to
42	41		which the district is entitled under this section. This subsection
43	42		expires September 1, 2019 [2017].
44	43		(j) If the commissioner determines that a school district
45	44		would receive additional state aid under this section for the
46	45		2017-2018 or 2018-2019 school year in an amount that is four percent
47	46		or less of the total amount of funding the district is entitled to
48	47		receive under this chapter and Chapter 41, the district is
49	48		ineligible to receive additional state aid under this section for
50	49		the year for which the determination is made and any subsequent
51	50		school year. This subsection expires September 1, 2019.
52	51		(k) If the commissioner determines that a school district is
53	52		not entitled to additional state aid under this section for the
54	53		2016-2017 or a subsequent school year, the district is ineligible
55	54		to receive additional state aid under this section for any school
56	55		year subsequent to the year for which the determination was made.
57	56		This subsection expires September 1, 2019.
58	57		SECTION 1.02. Section 42.2518(a), Education Code, is
59	58		amended to read as follows:
60	59		(a) For the 2015-2016 through 2018-2019 [and 2016-2017]
61	60		school years, a school district is entitled to additional state aid
62	61		to the extent that state and local revenue under this chapter and
63	62		Chapter 41 is less than the state and local revenue that would have
64	63		been available to the district under Chapter 41 and this chapter as
65	64		those chapters existed on September 1, 2015, if the increase in the
66	65		residence homestead exemption under Section 1-b(c), Article VIII,
67	66		Texas Constitution, and the additional limitation on tax increases
68	67		under Section 1-b(d) of that article as proposed by S.J.R. 1, 84th
69	68		Legislature, Regular Session, 2015, had not occurred.
70	69		SECTION 1.03. Effective September 1, 2019, Section
71	70		42.2518(a), Education Code, is amended to read as follows:
72	71		(a) Beginning with the 2019-2020 school year [For the
73	72		2015-2016 and 2016-2017 school years], a school district is
74	73		entitled to additional state aid to the extent that state and local
75	74		revenue under this chapter and Chapter 41 is less than the state and
76	75		local revenue that would have been available to the district under
77	76		Chapter 41 and this chapter as those chapters existed on September
78	77		1, 2015, excluding any state aid that would have been provided under
79	78		former Section 42.2516, if the increase in the residence homestead
80	79		exemption under Section 1-b(c), Article VIII, Texas Constitution,
81	80		and the additional limitation on tax increases under Section 1-b(d)
82	81		of that article as proposed by S.J.R. 1, 84th Legislature, Regular
83	82		Session, 2015, had not occurred.
84	83		SECTION 1.04. Notwithstanding Chapter 4 (S.B. 1), Acts of
85	84		the 82nd Legislature, 1st Called Session, 2011, the following
86	85		provisions are effective September 1, 2019:
87	86		(1) Section 57.03, Chapter 4 (S.B. 1), Acts of the 82nd
88	87		Legislature, 1st Called Session, 2011, which amended Section
89	88		12.106(a), Education Code;
90	89		(2) Section 57.18, Chapter 4 (S.B. 1), Acts of the 82nd
91	90		Legislature, 1st Called Session, 2011, which amended the heading to
92	91		Section 42.2516, Education Code;
93	92		(3) Section 57.19, Chapter 4 (S.B. 1), Acts of the 82nd
94	93		Legislature, 1st Called Session, 2011, which amended Section
95	94		42.2516(a), Education Code;
96	95		(4) Section 57.23, Chapter 4 (S.B. 1), Acts of the 82nd
97	96		Legislature, 1st Called Session, 2011, which amended Section
98	97		42.253(h), Education Code;
99	98		(5) Section 57.29, Chapter 4 (S.B. 1), Acts of the 82nd
100	99		Legislature, 1st Called Session, 2011, which amended Section
101	100		26.08(i), Tax Code;
102	101		(6) Section 57.32(a), Chapter 4 (S.B. 1), Acts of the
103	102		82nd Legislature, 1st Called Session, 2011, which repealed various
104	103		provisions of the Education Code; and
105	104		(7) Section 57.32(b), Chapter 4 (S.B. 1), Acts of the
106	105		82nd Legislature, 1st Called Session, 2011, which repealed Sections
107	106		26.08(i-1) and (j), Tax Code.
108	107		SECTION 1.05. Section 42.2518(e), Education Code, is
109	108		repealed.
110	109		SECTION 1.06. Section 18, Chapter 465 (S.B. 1), Acts of the
111	110		84th Legislature, Regular Session, 2015, which added Section
112	111		42.2518, Education Code, effective September 1, 2017, is repealed.
113	112		ARTICLE 2. PROVISION OF ADDITIONAL STATE AID FOR TAX REDUCTION
114	113		SECTION 2.01. Subchapter E, Chapter 42, Education Code, is
115	114		amended by adding Section 42.25162 to read as follows:
116	115		Sec. 42.25162. ADDITIONAL STATE AID FOR CERTAIN SCHOOL
117	116		DISTRICTS. (a) This section applies only to a school district that
118	117		received for the 2016-2017 school year additional state aid under
119	118		Section 42.2516.
120	119		(b) Except as provided by Subsection (c) or (d), a school
121	120		district to which this section applies is entitled to the
122	121		additional state aid for the 2017-2018 and 2018-2019 school years
123	122		that would have been provided to the district for those school years
124	123		under Section 42.2516, as that section existed on January 1, 2017,
125	124		based on the percentage reduction for purposes of former Section
126	125		42.2516(i) established by appropriation for the 2016-2017 school
127	126		year.
128	127		(c) If the commissioner determines that a school district
129	128		would receive additional state aid under this section for the
130	129		2017-2018 or 2018-2019 school year in an amount that is four percent
131	130		or less of the total amount of funding the district is entitled to
132	131		receive under this chapter and Chapter 41, the district is
133	132		ineligible to receive additional state aid under this section for
134	133		the year for which the determination is made and any subsequent
135	134		school year.
136	135		(d) If the commissioner determines that a school district is
137	136		not entitled to additional state aid under this section for the
138	137		2017-2018 school year, the district is ineligible to receive
139	138		additional state aid under this section for the 2018-2019 school
140	139		year.
141	140		(e) Additional funding to which a school district is
142	141		entitled under Section 42.2523 or 42.2524 is in addition to the
143	142		amount of funding to which the district is entitled under this
144	143		section.
145	144		(f) For purposes of Section 26.08(i), Tax Code, state funds
146	145		distributed to a district under this section are included.
147	146		(g) The commissioner shall adopt rules necessary to
148	147		implement this section.
149	148		(h) This section expires September 1, 2019.
150	149		SECTION 2.02. Section 42.2518(a), Education Code, as
151	150		effective September 1, 2017, is amended to read as follows:
152	151		(a) Beginning with the 2017-2018 school year, a school
153	152		district is entitled to additional state aid to the extent that
154	153		state and local revenue under this chapter and Chapter 41 is less
155	154		than the state and local revenue that would have been available to
156	155		the district under Chapter 41 and this chapter as those chapters
157	156		existed on September 1, 2015, [excluding any state aid that would
158	157		have been provided under former Section 42.2516,] if the increase
159	158		in the residence homestead exemption under Section 1-b(c), Article
160	159		VIII, Texas Constitution, and the additional limitation on tax
161	160		increases under Section 1-b(d) of that article as proposed by
162	161		S.J.R. 1, 84th Legislature, Regular Session, 2015, had not
163	162		occurred.
164	163		SECTION 2.03. Effective September 1, 2019, Section
165	164		42.2518(a), Education Code, as effective September 1, 2017, is
166	165		amended to read as follows:
167	166		(a) Beginning with the 2019-2020 [2017-2018] school year, a
168	167		school district is entitled to additional state aid to the extent
169	168		that state and local revenue under this chapter and Chapter 41 is
170	169		less than the state and local revenue that would have been available
171	170		to the district under Chapter 41 and this chapter as those chapters
172	171		existed on September 1, 2015, excluding any state aid that would
173	172		have been provided under former Section 42.25162 [42.2516], if the
174	173		increase in the residence homestead exemption under Section 1-b(c),
175	174		Article VIII, Texas Constitution, and the additional limitation on
176	175		tax increases under Section 1-b(d) of that article as proposed by
177	176		S.J.R. 1, 84th Legislature, Regular Session, 2015, had not
178	177		occurred.
179	178		ARTICLE 3. EFFECTIVE DATE
180	179		SECTION 3.01. (a) Except as otherwise provided by this
181	180		subsection, this Act takes effect immediately if it receives a vote
182	181		of two-thirds of all the members elected to each house, as provided
183	182		by Section 39, Article III, Texas Constitution. If this Act takes
184	183		effect immediately, Article 2 of this Act has no effect.
185	184		(b) If this Act does not receive the vote necessary for
186	185		immediate effect, this Act, except as otherwise provided by this
187	186		subsection, takes effect on the 91st day after the last day of the
188	187		legislative session. If this Act takes effect on the 91st day after
189	188		the last day of the legislative session, Article 1 of this Act has
190	189		no effect.