Texas 2019 - 86th Regular

Texas Senate Bill SB2441 Compare Versions

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11 By: Taylor S.B. No. 2441
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44 A BILL TO BE ENTITLED
55 AN ACT
66 Relating to increasing the state sales and use tax rate, and
77 requiring a reduction in school maintenance and operation ad
88 valorem taxes; making and appropriation; increasing the rate of a
99 tax.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 42.2516(a), Education Code, is amended
1212 to read as follows:
1313 (a) In this title, "state compression percentage" means the
1414 percentage of a school district's adopted maintenance and
1515 operations tax rate for the 2005 tax year that serves as the basis
1616 for state funding. The Commissioner shall determine the state
1717 compression percentage each year based on the percentage by which
1818 districts' maintenance of operations tax rates can be lowered with
1919 revenue collected under Section 151.803, Tax Code. [If the state
2020 compression percentage is not established by appropriation for a
2121 school year, the commissioner shall determine the state compression
2222 percentage for each school year based on the percentage by which a
2323 district is able to reduce the district's maintenance and
2424 operations tax rate for that year, as compared to the district's
2525 adopted maintenance and operations tax rate for the 2005 tax year,
2626 as a result of state funds appropriated for that year from the
2727 property tax relief fund established under Section 403.109,
2828 Government Code, or from another funding source available for
2929 school district property tax relief.]
3030 SECTION 2. Section 151.051(b), Tax Code, is amended to read
3131 as follows:
3232 (b) The sales tax rate is [6-1/4] percent of the sales
3333 price of the taxable item sold.
3434 SECTION 3. Subchapter M, Chapter 151, Tax Code, is amended
3535 by adding Section 151.803 to read as follows:
3636 Sec. 151.803. ALLOCATION OF CERTAIN REVENUE TO SCHOOL
3737 DISTRICT PROPERTY TAX REDUCTION. Notwithstanding Section 151.801,
3838 the comptroller shall deposit an amount of revenue equal to the
3939 proceeds derived from the collection of taxes imposed by this
4040 chapter attributable to the portion of the tax rate in excess of
4141 6.25 percent of the sales price of the taxable item sold to the
4242 credit of an account in the foundation school fund. Money credited
4343 to the account may be appropriated only to the Texas Education
4444 Agency for use by the commissioner of education to provide property
4545 tax relief by compressing property tax rates.
4646 SECTION 4. For the state fiscal year beginning September 1,
4747 2020, all money credited to the account created under Section
4848 151.803, Tax Code, as added by this Act, preceding or during that
4949 year is appropriated from that account to the Texas Education
5050 Agency to be used by the commissioner of education to increase the
5151 basic allotment, equalized wealth level, and guaranteed level under
5252 Chapters 41 and 42, Education Code, and require the compression of
5353 property tax rates.
5454 SECTION 5. The change in law made by this Act does not
5555 affect taxes imposed before the effective date of this Act, and the
5656 law in effect before that date is continued in effect for purposes
5757 of the liability for and collection of those taxes.
5858 SECTION 6. This Act takes effect January 1, 2020, but only
5959 if the constitutional amendment proposed by _.J.R. No. _, 86th
6060 Legislature, Regular Session, 2019, is approved by the voters. If
6161 that amendment is not approved by the voters, this Act has no
6262 effect.