Texas 2021 - 87th Regular

Texas House Bill HB1077 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1974 GCB-F
2	2	By: Landgraf H.B. No. 1077
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain adjustments to the taxable value of property of
8	8	certain school districts and the reduction of Foundation School
9	9	Program funds received by certain school districts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 7.062(a), Education Code, is amended to
12	12	read as follows:
13	13	(a) In this section, "wealth per student" means a school
14	14	district's taxable value of property as determined under Subchapter
15	15	M, Chapter 403, Government Code, or, if applicable, Section 48.258,
16	16	48.2581, or 48.2582, divided by the district's average daily
17	17	attendance as determined under Section 48.005.
18	18	SECTION 2. Section 46.003(a), Education Code, is amended to
19	19	read as follows:
20	20	(a) For each year, except as provided by Sections 46.005 and
21	21	46.006, a school district is guaranteed a specified amount per
22	22	student in state and local funds for each cent of tax effort, up to
23	23	the maximum rate under Subsection (b), to pay the principal of and
24	24	interest on eligible bonds issued to construct, acquire, renovate,
25	25	or improve an instructional facility. The amount of state support
26	26	is determined by the formula:
27	27	FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
28	28	where:
29	29	"FYA" is the guaranteed facilities yield amount of state
30	30	funds allocated to the district for the year;
31	31	"FYL" is the dollar amount guaranteed level of state and
32	32	local funds per student per cent of tax effort, which is $35 or a
33	33	greater amount for any year provided by appropriation;
34	34	"ADA" is the greater of the number of students in average
35	35	daily attendance, as determined under Section 48.005, in the
36	36	district or 400;
37	37	"BTR" is the district's bond tax rate for the current year,
38	38	which is determined by dividing the amount budgeted by the district
39	39	for payment of eligible bonds by the quotient of the district's
40	40	taxable value of property as determined under Subchapter M, Chapter
41	41	403, Government Code, or, if applicable, Section 48.258, 48.2581,
42	42	or 48.2582, divided by 100; and
43	43	"DPV" is the district's taxable value of property as
44	44	determined under Subchapter M, Chapter 403, Government Code, or, if
45	45	applicable, Section 48.258, 48.2581, or 48.2582.
46	46	SECTION 3. Section 46.006(g), Education Code, is amended to
47	47	read as follows:
48	48	(g) In this section, "wealth per student" means a school
49	49	district's taxable value of property as determined under Subchapter
50	50	M, Chapter 403, Government Code, or, if applicable, Section 48.258,
51	51	48.2581, or 48.2582, divided by the district's average daily
52	52	attendance as determined under Section 48.005.
53	53	SECTION 4. Section 46.032(a), Education Code, is amended to
54	54	read as follows:
55	55	(a) Each school district is guaranteed a specified amount
56	56	per student in state and local funds for each cent of tax effort to
57	57	pay the principal of and interest on eligible bonds. The amount of
58	58	state support, subject only to the maximum amount under Section
59	59	46.034, is determined by the formula:
60	60	EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
61	61	where:
62	62	"EDA" is the amount of state funds to be allocated to the
63	63	district for assistance with existing debt;
64	64	"EDGL" is the dollar amount guaranteed level of state and
65	65	local funds per student per cent of tax effort, which is the lesser
66	66	of:
67	67	(1) $40 or a greater amount for any year provided by
68	68	appropriation; or
69	69	(2) the amount that would result in a total additional
70	70	amount of state funds under this subchapter for the current year
71	71	equal to $60 million in excess of the state funds to which school
72	72	districts would have been entitled under this section if the
73	73	guaranteed level amount were $35;
74	74	"ADA" is the number of students in average daily attendance,
75	75	as determined under Section 48.005, in the district;
76	76	"EDTR" is the existing debt tax rate of the district, which is
77	77	determined by dividing the amount budgeted by the district for
78	78	payment of eligible bonds by the quotient of the district's taxable
79	79	value of property as determined under Subchapter M, Chapter 403,
80	80	Government Code, or, if applicable, under Section 48.258, 48.2581,
81	81	or 48.2582, divided by 100; and
82	82	"DPV" is the district's taxable value of property as
83	83	determined under Subchapter M, Chapter 403, Government Code, or, if
84	84	applicable, under Section 48.258, 48.2581, or 48.2582.
85	85	SECTION 5. Subchapter A, Chapter 48, Education Code, is
86	86	amended by adding Section 48.0061 to read as follows:
87	87	Sec. 48.0061. REDUCTION IN FUNDING OF CERTAIN DISTRICTS.
88	88	(a) Each school year the commissioner shall determine the
89	89	percentage of the cost of the Foundation School Program funded by
90	90	amounts paid to the state as a result of attendance credit purchased
91	91	by school districts under Subchapter D, Chapter 49.
92	92	(b) Notwithstanding any other provision of this chapter,
93	93	the total amount to which a school district is entitled under this
94	94	chapter is reduced by the percentage determined under Subsection
95	95	(a) unless the school district imposes a maintenance and operations
96	96	tax at the greatest rate allowed under Section 45.003(d).
97	97	SECTION 6. Section 48.202(a), Education Code, is amended to
98	98	read as follows:
99	99	(a) Each school district is guaranteed a specified amount
100	100	per weighted student in state and local funds for each cent of tax
101	101	effort over that required for the district's local fund assignment
102	102	up to the maximum level specified in this subchapter. The amount of
103	103	state support, subject only to the maximum amount under Section
104	104	48.203, is determined by the formula:
105	105	GYA = (GL X WADA X DTR X 100) - LR
106	106	where:
107	107	"GYA" is the guaranteed yield amount of state funds to be
108	108	allocated to the district;
109	109	"GL" is the dollar amount guaranteed level of state and local
110	110	funds per weighted student per cent of tax effort, which is an
111	111	amount described by Subsection (a-1) or a greater amount for any
112	112	year provided by appropriation;
113	113	"WADA" is the number of students in weighted average daily
114	114	attendance, which is calculated by dividing the sum of the school
115	115	district's allotments under Subchapters B and C by the basic
116	116	allotment for the applicable year;
117	117	"DTR" is the district enrichment tax rate of the school
118	118	district, which is determined by subtracting the amounts specified
119	119	by Subsection (b) from the total amount of maintenance and
120	120	operations taxes collected by the school district for the
121	121	applicable school year and dividing the difference by the quotient
122	122	of the district's taxable value of property as determined under
123	123	Subchapter M, Chapter 403, Government Code, or, if applicable,
124	124	under Section 48.258, 48.2581, or 48.2582, or by the quotient of the
125	125	value of "DPV" as determined under Section 48.256(d) if that
126	126	subsection applies to the district, divided by 100; and
127	127	"LR" is the local revenue, which is determined by multiplying
128	128	"DTR" by the quotient of the district's taxable value of property as
129	129	determined under Subchapter M, Chapter 403, Government Code, or, if
130	130	applicable, under Section 48.258, 48.2581, or 48.2582, or by the
131	131	quotient of the value of "DPV" as determined under Section
132	132	48.256(d) if that subsection applies to the district, divided by
133	133	100.
134	134	SECTION 7. Subchapter F, Chapter 48, Education Code, is
135	135	amended by adding Sections 48.2581, 48.2582, and 48.2583 to read as
136	136	follows:
137	137	Sec. 48.2581. ADJUSTMENT FOR DISTRICT ENTITLED TO CERTAIN
138	138	FEDERAL FUNDING. For purposes of this chapter and Chapters 46 and
139	139	49, the commissioner shall adjust the taxable value of property of a
140	140	school district for a school year as necessary to ensure the
141	141	district's local revenue level does not exceed the level
142	142	established under Section 48.257, if for that school year the
143	143	district:
144	144	(1) has a campus that receives federal funding under a
145	145	concentration grant under 20 U.S.C. Section 6334; and
146	146	(2) would otherwise have a local revenue level that
147	147	exceeds the level established under Section 48.257.
148	148	Sec. 48.2582. ADJUSTMENT FOR DISTRICT WITH TAXABLE VALUE OF
149	149	PROPERTY INCREASED BY ASSOCIATED MINERAL RIGHTS. For purposes of
150	150	this chapter and Chapters 46 and 49, the commissioner shall adjust
151	151	the taxable value of property of a school district for a school year
152	152	as necessary to ensure the district's local revenue level does not
153	153	exceed the level established under Section 48.257, if for that
154	154	school year the district:
155	155	(1) is identified by the select committee under
156	156	Section 48.2583 as having a taxable value of property that is
157	157	unlikely to produce the projected district tax revenue per weighted
158	158	student because of a high prevalence of mineral rights associated
159	159	with the taxable property; and
160	160	(2) would otherwise have a local revenue level that
161	161	exceeds the level established under Section 48.257.
162	162	Sec. 48.2583. SELECT COMMITTEE TO DETERMINE TAXABLE VALUE
163	163	OF PROPERTY OF CERTAIN DISTRICTS. (a) Not later than October 1 of
164	164	each year, the speaker of the house of representatives and the
165	165	lieutenant governor shall appoint a select committee as follows:
166	166	(1) the speaker of the house of representatives shall
167	167	appoint five members of the house of representatives as members of
168	168	the committee; and
169	169	(2) the lieutenant governor shall appoint five members
170	170	of the senate as members of the committee.
171	171	(b) At least three of the select committee members appointed
172	172	by the speaker of the house of representatives as provided by
173	173	Subsection (a)(1) and at least three of the select committee
174	174	members appointed by the lieutenant governor as provided by
175	175	Subsection (a)(2) must reside within the boundaries of State Board
176	176	of Education District 1, 3, or 15, as those districts are
177	177	established by Chapter 72 (H.B. 600), Acts of the 82nd Legislature,
178	178	Regular Session, 2011.
179	179	(c) For purposes of Section 48.2582, not later than June 1
180	180	of each year, the select committee shall:
181	181	(1) in consultation with the comptroller and the
182	182	Legislative Budget Board, identify districts with a taxable value
183	183	of property that is unlikely to produce the projected district tax
184	184	revenue per weighted student because of a high prevalence of
185	185	mineral rights associated with the taxable property; and
186	186	(2) provide to the commissioner a list of those
187	187	districts identified by the committee under Subdivision (1).
188	188	SECTION 8. This Act takes effect September 1, 2021.