Texas 2021 - 87th 3rd C.S.

Texas House Bill HB113 Compare Versions

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

Old	New	Differences
1	1	By: Middleton H.B. No. 113
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a temporary reduction in the maximum compressed tax
7	7	rate of a school district and the form of the ballot proposition to
8	8	be used in an election to approve a tax rate adopted by a school
9	9	district that exceeds the district's voter-approval tax rate;
10	10	making appropriations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter F, Chapter 48, Education Code, is
13	13	amended by adding Section 48.2555 to read as follows:
14	14	Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2022-2023
15	15	SCHOOL YEAR. (a) Notwithstanding any other provision of this title
16	16	or Chapter 26, Tax Code, for the 2022-2023 school year, the
17	17	commissioner shall calculate the value of a school district's
18	18	maximum compressed tax rate by determining the district's maximum
19	19	compressed rate under Section 48.2551 or 48.2552(b), if applicable,
20	20	and reducing the tax rate determined under the applicable section
21	21	by the amount by which the commissioner may reduce each district's
22	22	maximum compressed tax rate by an equal amount using funds
23	23	appropriated for the purpose of reducing each district's maximum
24	24	compressed tax rate under this section.
25	25	(b) If a school district's maximum compressed tax rate as
26	26	calculated under Subsection (a) would be less than 90 percent of
27	27	another school district's maximum compressed tax rate under
28	28	Subsection (a), the district's maximum compressed tax rate is the
29	29	value at which the district's maximum compressed tax rate would be
30	30	equal to 90 percent of the other district's maximum compressed tax
31	31	rate.
32	32	(c) Notwithstanding any other provision of this title or
33	33	Chapter 26, Tax Code, for purposes of determining funding for
34	34	school districts for the 2022-2023 school year, a reference in any
35	35	of the following provisions of law to a school district's maximum
36	36	compressed tax rate or maximum compressed rate as determined under
37	37	Section 48.2551 means the maximum compressed tax rate determined
38	38	for the district under this section:
39	39	(1) Sections 13.054(f) and (f-1);
40	40	(2) Section 45.003(d);
41	41	(3) Section 45.0032(a);
42	42	(4) Section 48.051(a);
43	43	(5) Sections 48.2553(a) and (e); and
44	44	(6) Section 26.08(n), Tax Code.
45	45	(d) For purposes of Section 30.003(f-1), a reference in that
46	46	section to Section 48.2551 includes this section.
47	47	(e) Notwithstanding any other provision of this title, for
48	48	purposes of determining a school district's maximum compressed tax
49	49	rate under Section 48.2551 for the 2023-2024 school year, the
50	50	commissioner shall exclude the reduction in the district's maximum
51	51	compressed tax rate under this section for the preceding school
52	52	year from the value of the district's "PYMCR."
53	53	(f) This section expires September 1, 2024.
54	54	SECTION 2. Section 26.08(b), Tax Code, is amended to read as
55	55	follows:
56	56	(b) The governing body shall order that the election be held
57	57	in the school district on the next uniform election date prescribed
58	58	by Section 41.001, Election Code, that occurs after the date of the
59	59	election order and that allows sufficient time to comply with the
60	60	requirements of other law. At the election, the ballots shall be
61	61	prepared to permit voting for or against the proposition:
62	62	"Ratifying the ad valorem tax rate of ___ (insert adopted tax rate)
63	63	in (name of school district) for the current year, a rate that will
64	64	result in an increase of _____ (insert percentage increase in
65	65	maintenance and operations tax revenue under the adopted tax rate
66	66	as compared to maintenance and operations tax revenue in the
67	67	preceding tax year) percent in maintenance and operations tax
68	68	revenue for the district for the current year as compared to the
69	69	preceding year, which is an additional $____ (insert dollar amount
70	70	of increase in maintenance and operations tax revenue under the
71	71	adopted tax rate as compared to maintenance and operations tax
72	72	revenue in the preceding tax year). If the adopted tax rate is not
73	73	ratified, the (name of school district) may not adopt a tax rate
74	74	that exceeds ______ (insert the school district's voter-approval
75	75	tax rate)."
76	76	SECTION 3. In addition to other amounts appropriated to the
77	77	Texas Education Agency for the state fiscal year ending August 31,
78	78	2023, the amount of $5 billion is appropriated from federal funds
79	79	received by the state under the American Rescue Plan Act of 2021
80	80	(Pub. L. No. 117-2) to the agency for the state fiscal year ending
81	81	August 31, 2023, for use in providing school district property tax
82	82	relief by reducing each school district's maximum compressed tax
83	83	rate under Section 48.2555, Education Code, as added by this Act.
84	84	SECTION 4. (a) Not later than June 1, 2022, the comptroller
85	85	of public accounts shall prepare and provide to the legislature an
86	86	update of the biennial revenue estimate prepared in accordance with
87	87	Section 49a, Article III, Texas Constitution, and provided to the
88	88	legislature in January 2021. The update must include the difference
89	89	between the estimated balance of general revenue-related funds
90	90	available for certification at the end of the state fiscal year
91	91	ending August 31, 2023, as determined under:
92	92	(1) the update required under this subsection; and
93	93	(2) the comptroller's biennial revenue estimate update
94	94	provided to the legislature in August 2021.
95	95	(b) In addition to other amounts appropriated to the Texas
96	96	Education Agency for the state fiscal year ending August 31, 2023,
97	97	an amount equal to the lesser of $4 billion or the sum of $2 billion
98	98	and 50 percent of the amount, if any, by which the difference
99	99	determined under Subsection (a) of this section exceeds $500
100	100	million is appropriated from the general revenue fund to the agency
101	101	for the state fiscal year ending August 31, 2023, for use in
102	102	providing school district property tax relief by reducing each
103	103	school district's maximum compressed tax rate under Section
104	104	48.2555, Education Code, as added by this Act.
105	105	SECTION 5. If any provision of this Act or its application
106	106	to any person or circumstance is held invalid, the invalidity does
107	107	not affect other provisions or applications of this Act that can be
108	108	given effect without the invalid provision or application, and to
109	109	this end the provisions of this Act are declared to be severable.
110	110	SECTION 6. This Act takes effect on the 91st day after the
111	111	last day of the legislative session.