1 | 1 | | By: Taylor S.B. No. 2441 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | Relating to increasing the state sales and use tax rate, and |
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7 | 7 | | requiring a reduction in school maintenance and operation ad |
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8 | 8 | | valorem taxes; making and appropriation; increasing the rate of a |
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9 | 9 | | tax. |
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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 42.2516(a), Education Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (a) In this title, "state compression percentage" means the |
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14 | 14 | | percentage of a school district's adopted maintenance and |
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15 | 15 | | operations tax rate for the 2005 tax year that serves as the basis |
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16 | 16 | | for state funding. The Commissioner shall determine the state |
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17 | 17 | | compression percentage each year based on the percentage by which |
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18 | 18 | | districts' maintenance of operations tax rates can be lowered with |
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19 | 19 | | revenue collected under Section 151.803, Tax Code. [If the state |
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20 | 20 | | compression percentage is not established by appropriation for a |
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21 | 21 | | school year, the commissioner shall determine the state compression |
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22 | 22 | | percentage for each school year based on the percentage by which a |
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23 | 23 | | district is able to reduce the district's maintenance and |
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24 | 24 | | operations tax rate for that year, as compared to the district's |
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25 | 25 | | adopted maintenance and operations tax rate for the 2005 tax year, |
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26 | 26 | | as a result of state funds appropriated for that year from the |
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27 | 27 | | property tax relief fund established under Section 403.109, |
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28 | 28 | | Government Code, or from another funding source available for |
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29 | 29 | | school district property tax relief.] |
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30 | 30 | | SECTION 2. Section 151.051(b), Tax Code, is amended to read |
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31 | 31 | | as follows: |
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32 | 32 | | (b) The sales tax rate is [6-1/4] percent of the sales |
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33 | 33 | | price of the taxable item sold. |
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34 | 34 | | SECTION 3. Subchapter M, Chapter 151, Tax Code, is amended |
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35 | 35 | | by adding Section 151.803 to read as follows: |
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36 | 36 | | Sec. 151.803. ALLOCATION OF CERTAIN REVENUE TO SCHOOL |
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37 | 37 | | DISTRICT PROPERTY TAX REDUCTION. Notwithstanding Section 151.801, |
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38 | 38 | | the comptroller shall deposit an amount of revenue equal to the |
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39 | 39 | | proceeds derived from the collection of taxes imposed by this |
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40 | 40 | | chapter attributable to the portion of the tax rate in excess of |
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41 | 41 | | 6.25 percent of the sales price of the taxable item sold to the |
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42 | 42 | | credit of an account in the foundation school fund. Money credited |
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43 | 43 | | to the account may be appropriated only to the Texas Education |
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44 | 44 | | Agency for use by the commissioner of education to provide property |
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45 | 45 | | tax relief by compressing property tax rates. |
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46 | 46 | | SECTION 4. For the state fiscal year beginning September 1, |
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47 | 47 | | 2020, all money credited to the account created under Section |
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48 | 48 | | 151.803, Tax Code, as added by this Act, preceding or during that |
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49 | 49 | | year is appropriated from that account to the Texas Education |
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50 | 50 | | Agency to be used by the commissioner of education to increase the |
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51 | 51 | | basic allotment, equalized wealth level, and guaranteed level under |
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52 | 52 | | Chapters 41 and 42, Education Code, and require the compression of |
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53 | 53 | | property tax rates. |
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54 | 54 | | SECTION 5. The change in law made by this Act does not |
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55 | 55 | | affect taxes imposed before the effective date of this Act, and the |
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56 | 56 | | law in effect before that date is continued in effect for purposes |
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57 | 57 | | of the liability for and collection of those taxes. |
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58 | 58 | | SECTION 6. This Act takes effect January 1, 2020, but only |
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59 | 59 | | if the constitutional amendment proposed by _.J.R. No. _, 86th |
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60 | 60 | | Legislature, Regular Session, 2019, is approved by the voters. If |
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61 | 61 | | that amendment is not approved by the voters, this Act has no |
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62 | 62 | | effect. |
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