Texas 2021 - 87th 2nd C.S.

Texas House Bill HB122 Compare Versions

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

Old	New	Differences
1	1	87S20007 KJE-D
2	2	By: Oliverson H.B. No. 122
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reducing school district maintenance and operations ad
8	8	valorem taxes through the use of certain surplus state revenue.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 48.255, Education Code, is amended by
11	11	amending Subsection (b) and adding Subsections (d) and (e) to read
12	12	as follows:
13	13	(b) Subject to Subsection (d), the [The] state compression
14	14	percentage is the lower of:
15	15	(1) 93 percent, or a lower percentage set by
16	16	appropriation for a school year;
17	17	(2) the percentage determined by the following
18	18	formula:
19	19	SCP = PYCP X 1.025/(1 + ECPV); or
20	20	(3) the percentage determined under this section for
21	21	the preceding school year.
22	22	(d) For each school year, the commissioner shall reduce the
23	23	state compression percentage determined under Subsection (b) to the
24	24	lowest percentage possible as a result of:
25	25	(1) money deposited to the credit of the property tax
26	26	relief fund under Section 403.109(e), Government Code; and
27	27	(2) any additional money appropriated for purposes of
28	28	this subsection.
29	29	(e) Notwithstanding any other provision, if for any school
30	30	year the commissioner determines under Subsection (b) or (d) that
31	31	the state compression percentage is zero:
32	32	(1) a school district may not impose a tier one
33	33	maintenance and operations tax for that school year or for any
34	34	subsequent school year; and
35	35	(2) each school district is entitled to funding under
36	36	Chapter 46 and this chapter for each school year as if the district
37	37	had:
38	38	(A) a tier one maintenance and operations tax
39	39	rate equal to the district's maximum compressed tax rate determined
40	40	under Section 48.2551; and
41	41	(B) no local share for purposes of Section
42	42	48.256.
43	43	SECTION 2. Section 403.109, Government Code, is amended by
44	44	adding Subsections (e) and (f) to read as follows:
45	45	(e) For each state fiscal biennium beginning prior to a
46	46	determination by the commissioner of education under Section
47	47	48.255(e), Education Code, the comptroller shall:
48	48	(1) allocate for deposit to the credit of the fund
49	49	general revenue in an amount equal to 90 percent of the amount by
50	50	which the amount of general revenue received in that biennium
51	51	exceeds the amount of consolidated general revenue appropriations,
52	52	as defined by Section 316.001, that could be appropriated within
53	53	the limit on the rate of growth of those appropriations adopted
54	54	under Section 316.005 for that biennium; and
55	55	(2) periodically deposit to the credit of the fund the
56	56	general revenue allocated under Subdivision (1), with the final
57	57	deposit for that biennium to be made not later than the 90th day of
58	58	the next state fiscal biennium.
59	59	(f) Notwithstanding any other provision of this section,
60	60	except as otherwise provided by this subsection, money deposited to
61	61	the credit of the fund under Subsection (e) may be appropriated only
62	62	to the Texas Education Agency for use in providing property tax
63	63	relief through reduction of the state compression percentage, as
64	64	defined by Section 48.255, Education Code. If the amount of money
65	65	available to be appropriated under this subsection for a state
66	66	fiscal biennium exceeds the amount of school district maintenance
67	67	and operations taxes the commissioner of education estimates to be
68	68	payable for that biennium, the legislature may appropriate the
69	69	surplus amount for any purpose.
70	70	SECTION 3. This Act applies beginning with the state fiscal
71	71	biennium beginning September 1, 2023.
72	72	SECTION 4. This Act takes effect on the 91st day after the
73	73	last day of the legislative session.