1 | 1 | | 86R13968 GCB-D |
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2 | 2 | | By: Calanni H.B. No. 3915 |
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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 the guaranteed yield and the school facilities |
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8 | 8 | | allotment under the Foundation School Program and to a school |
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9 | 9 | | district's rollback tax rate for the 2019 tax year. |
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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 42.302(a-1), Education Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (a-1) For purposes of Subsection (a), the dollar amount |
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14 | 14 | | guaranteed level of state and local funds per weighted student per |
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15 | 15 | | cent of tax effort ("GL") for a school district is: |
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16 | 16 | | (1) the greater of the amount of district tax revenue |
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17 | 17 | | per weighted student per cent of tax effort that would be available |
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18 | 18 | | to the Austin Independent School District, as determined by the |
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19 | 19 | | commissioner in cooperation with the Legislative Budget Board, if |
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20 | 20 | | the reduction of the limitation on tax increases as provided by |
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21 | 21 | | Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the |
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22 | 22 | | amount of district tax revenue per weighted student per cent of tax |
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23 | 23 | | effort used for purposes of this subdivision in the preceding |
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24 | 24 | | school year, for the first six cents by which the district's |
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25 | 25 | | maintenance and operations tax rate exceeds the rate equal to the |
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26 | 26 | | sum of the product of the state compression percentage, as |
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27 | 27 | | determined under Section 42.2516, multiplied by the maintenance and |
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28 | 28 | | operations tax rate adopted by the district for the 2005 tax year |
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29 | 29 | | and any additional tax effort included in calculating the |
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30 | 30 | | district's compressed tax rate under Section 42.101(a-1); and |
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31 | 31 | | (2) the amount of district tax revenue per weighted |
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32 | 32 | | student per cent of tax effort available to a district with |
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33 | 33 | | maintenance and operations tax revenue per cent of tax effort equal |
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34 | 34 | | to the maximum amount provided per cent under Section 42.101(a) or |
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35 | 35 | | (b) [$31.95], for the district's maintenance and operations tax |
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36 | 36 | | effort that exceeds the amount of tax effort described by |
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37 | 37 | | Subdivision (1). |
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38 | 38 | | SECTION 2. Section 46.003(a), Education Code, is amended to |
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39 | 39 | | read as follows: |
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40 | 40 | | (a) For each year, except as provided by Sections 46.005 and |
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41 | 41 | | 46.006, a school district is guaranteed a specified amount per |
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42 | 42 | | student in state and local funds for each cent of tax effort, up to |
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43 | 43 | | the maximum rate under Subsection (b), to pay the principal of and |
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44 | 44 | | interest on eligible bonds issued to construct, acquire, renovate, |
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45 | 45 | | or improve an instructional facility. The amount of state support |
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46 | 46 | | is determined by the formula: |
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47 | 47 | | FYA = (FYL X WADA [ADA] X BTR X 100) - (BTR X (DPV/100)) |
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48 | 48 | | where: |
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49 | 49 | | "FYA" is the guaranteed facilities yield amount of state |
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50 | 50 | | funds allocated to the district for the year; |
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51 | 51 | | "FYL" is the dollar amount guaranteed level of state and |
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52 | 52 | | local funds per student per cent of tax effort, which is the amount |
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53 | 53 | | of district tax revenue per weighted student per cent of tax effort |
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54 | 54 | | available to a district with maintenance and operations tax revenue |
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55 | 55 | | per cent of tax effort equal to the maximum amount provided per cent |
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56 | 56 | | under Section 42.101(a) or (b) [$35 or a greater amount for any year |
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57 | 57 | | provided by appropriation]; |
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58 | 58 | | "WADA" ["ADA"] is the greater of the number of students in |
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59 | 59 | | weighted average daily attendance, as defined by Section 42.302 |
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60 | 60 | | [determined under Section 42.005], in the district or 400; |
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61 | 61 | | "BTR" is the district's bond tax rate for the current year, |
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62 | 62 | | which is determined by dividing the amount budgeted by the district |
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63 | 63 | | for payment of eligible bonds by the quotient of the district's |
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64 | 64 | | taxable value of property as determined under Subchapter M, Chapter |
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65 | 65 | | 403, Government Code, or, if applicable, Section 42.2521, divided |
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66 | 66 | | by 100; and |
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67 | 67 | | "DPV" is the district's taxable value of property as |
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68 | 68 | | determined under Subchapter M, Chapter 403, Government Code, or, if |
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69 | 69 | | applicable, Section 42.2521. |
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70 | 70 | | SECTION 3. Section 46.032(a), Education Code, is amended to |
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71 | 71 | | read as follows: |
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72 | 72 | | (a) Each school district is guaranteed a specified amount |
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73 | 73 | | per student in state and local funds for each cent of tax effort to |
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74 | 74 | | pay the principal of and interest on eligible bonds. The amount of |
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75 | 75 | | state support, subject only to the maximum amount under Section |
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76 | 76 | | 46.034, is determined by the formula: |
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77 | 77 | | EDA = (EDGL X WADA [ADA] X EDTR X 100) - (EDTR X (DPV/100)) |
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78 | 78 | | where: |
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79 | 79 | | "EDA" is the amount of state funds to be allocated to the |
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80 | 80 | | district for assistance with existing debt; |
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81 | 81 | | "EDGL" is the dollar amount guaranteed level of state and |
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82 | 82 | | local funds per student per cent of tax effort, which is the amount |
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83 | 83 | | of district tax revenue per weighted student per cent of tax effort |
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84 | 84 | | available to a district with maintenance and operations tax revenue |
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85 | 85 | | per cent of tax effort equal to the maximum amount provided per cent |
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86 | 86 | | under Section 42.101(a) or (b) [the lesser of: |
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87 | 87 | | [(1) $40 or a greater amount for any year provided by |
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88 | 88 | | appropriation; or |
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89 | 89 | | [(2) the amount that would result in a total |
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90 | 90 | | additional amount of state funds under this subchapter for the |
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91 | 91 | | current year equal to $60 million in excess of the state funds to |
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92 | 92 | | which school districts would have been entitled under this section |
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93 | 93 | | if the guaranteed level amount were $35]; |
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94 | 94 | | "WADA" ["ADA"] is the number of students in weighted average |
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95 | 95 | | daily attendance, as defined by Section 42.302 [determined under |
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96 | 96 | | Section 42.005], in the district; |
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97 | 97 | | "EDTR" is the existing debt tax rate of the district, which is |
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98 | 98 | | determined by dividing the amount budgeted by the district for |
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99 | 99 | | payment of eligible bonds by the quotient of the district's taxable |
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100 | 100 | | value of property as determined under Subchapter M, Chapter 403, |
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101 | 101 | | Government Code, or, if applicable, under Section 42.2521, divided |
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102 | 102 | | by 100; and |
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103 | 103 | | "DPV" is the district's taxable value of property as |
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104 | 104 | | determined under Subchapter M, Chapter 403, Government Code, or, if |
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105 | 105 | | applicable, under Section 42.2521. |
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106 | 106 | | SECTION 4. Section 26.08, Tax Code, is amended by adding |
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107 | 107 | | Subsection (i-1) to read as follows: |
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108 | 108 | | (i-1) For purposes of Subsection (i), any change from the |
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109 | 109 | | preceding school year to the current school year in the amount of |
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110 | 110 | | state funds distributed to a school district under the guaranteed |
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111 | 111 | | yield allotment under Section 42.302, Education Code, is not |
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112 | 112 | | considered to be a change in a funding element for Chapter 42, |
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113 | 113 | | Education Code. The amount of state funds distributed under |
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114 | 114 | | Chapter 42, Education Code, and maintenance and operations taxes of |
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115 | 115 | | the district per student in weighted average daily attendance for |
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116 | 116 | | that school year that would have been available to the district in |
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117 | 117 | | the preceding year if the funding elements for Chapters 41 and 42, |
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118 | 118 | | Education Code, for the current year had been in effect for the |
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119 | 119 | | preceding year is computed on the basis of the amount actually |
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120 | 120 | | distributed under the guaranteed yield allotment under Section |
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121 | 121 | | 42.302, Education Code, in the preceding school year. This |
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122 | 122 | | subsection expires December 31, 2019. |
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123 | 123 | | SECTION 5. Section 26.08(i-1), Tax Code, as added by this |
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124 | 124 | | Act, applies to the ad valorem tax rate of a school district only |
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125 | 125 | | for the 2019 tax year. |
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126 | 126 | | SECTION 6. This Act takes effect September 1, 2019. |
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