Texas 2021 - 87th 3rd C.S.

Texas House Bill HB89 Compare Versions

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

Old	New	Differences
1	1	87S30113 MEW/KJE-D
2	2	By: Oliverson H.B. No. 89
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a temporary reduction in the maximum compressed tax
8	8	rate of a school district and the form of the ballot proposition to
9	9	be used in an election to approve a tax rate adopted by a school
10	10	district that exceeds the district's voter-approval tax rate;
11	11	making an appropriation.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter F, Chapter 48, Education Code, is
14	14	amended by adding Section 48.2555 to read as follows:
15	15	Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2022-2023
16	16	SCHOOL YEAR. (a) Notwithstanding any other provision of this title
17	17	or Chapter 26, Tax Code, for the 2022-2023 school year, the
18	18	commissioner shall calculate the value of a school district's
19	19	maximum compressed tax rate by determining the district's maximum
20	20	compressed rate under Section 48.2551 or 48.2552(b), if applicable,
21	21	and reducing the tax rate determined under the applicable section
22	22	by the amount by which the commissioner may reduce each district's
23	23	maximum compressed tax rate by an equal amount using funds
24	24	appropriated for the purpose of reducing each district's maximum
25	25	compressed tax rate under this section.
26	26	(b) If a school district's maximum compressed tax rate as
27	27	calculated under Subsection (a) would be less than 90 percent of
28	28	another school district's maximum compressed tax rate under
29	29	Subsection (a), the district's maximum compressed tax rate is the
30	30	value at which the district's maximum compressed tax rate would be
31	31	equal to 90 percent of the other district's maximum compressed tax
32	32	rate.
33	33	(c) Notwithstanding any other provision of this title or
34	34	Chapter 26, Tax Code, for purposes of determining funding for
35	35	school districts for the 2022-2023 school year, a reference in any
36	36	of the following provisions of law to a school district's maximum
37	37	compressed tax rate or maximum compressed rate as determined under
38	38	Section 48.2551 means the maximum compressed tax rate determined
39	39	for the district under this section:
40	40	(1) Sections 13.054(f) and (f-1);
41	41	(2) Section 45.003(d);
42	42	(3) Section 45.0032(a);
43	43	(4) Section 48.051(a);
44	44	(5) Sections 48.2553(a) and (e); and
45	45	(6) Section 26.08(n), Tax Code.
46	46	(d) For purposes of Section 30.003(f-1), a reference in that
47	47	section to Section 48.2551 includes this section.
48	48	(e) Notwithstanding any other provision of this title, for
49	49	purposes of determining a school district's maximum compressed tax
50	50	rate under Section 48.2551 for the 2023-2024 school year, the
51	51	commissioner shall exclude the reduction in the district's maximum
52	52	compressed tax rate under this section for the preceding school
53	53	year from the value of the district's "PYMCR."
54	54	(f) This section expires September 1, 2024.
55	55	SECTION 2. Section 26.08(b), Tax Code, is amended to read as
56	56	follows:
57	57	(b) The governing body shall order that the election be held
58	58	in the school district on the next uniform election date prescribed
59	59	by Section 41.001, Election Code, that occurs after the date of the
60	60	election order and that allows sufficient time to comply with the
61	61	requirements of other law. At the election, the ballots shall be
62	62	prepared to permit voting for or against the
63	63	proposition: "Ratifying the ad valorem tax rate of ___ (insert
64	64	adopted tax rate) in (name of school district) for the current year,
65	65	a rate that will result in an increase of _____ (insert percentage
66	66	increase in maintenance and operations tax revenue under the
67	67	adopted tax rate as compared to maintenance and operations tax
68	68	revenue in the preceding tax year) percent in maintenance and
69	69	operations tax revenue for the district for the current year as
70	70	compared to the preceding year, which is an additional $____
71	71	(insert dollar amount of increase in maintenance and operations tax
72	72	revenue under the adopted tax rate as compared to maintenance and
73	73	operations tax revenue in the preceding tax year). If the adopted
74	74	tax rate is not ratified, the (name of school district) may not
75	75	adopt a tax rate that exceeds ____ (insert the school district's
76	76	voter-approval tax rate)."
77	77	SECTION 3. (a) Not later than June 1, 2022, the comptroller
78	78	of public accounts shall prepare and provide to the legislature an
79	79	update of the biennial revenue estimate prepared in accordance with
80	80	Section 49a, Article III, Texas Constitution, and provided to the
81	81	legislature in January 2021. The update must include the difference
82	82	between the estimated balance of general revenue-related funds
83	83	available for certification at the end of the state fiscal year
84	84	ending August 31, 2023, as determined under:
85	85	(1) the update required under this subsection; and
86	86	(2) the comptroller's biennial revenue estimate update
87	87	provided to the legislature in August 2021.
88	88	(b) In addition to other amounts appropriated to the Texas
89	89	Education Agency for the state fiscal year ending August 31, 2023,
90	90	an amount equal to the lesser of $4 billion or the sum of $2 billion
91	91	and 50 percent of the amount, if any, by which the difference
92	92	determined under Subsection (a) of this section exceeds $500
93	93	million is appropriated from the general revenue fund to the agency
94	94	for the state fiscal year ending August 31, 2023, for use in
95	95	providing school district property tax relief by reducing each
96	96	school district's maximum compressed tax rate under Section
97	97	48.2555, Education Code, as added by this Act.
98	98	SECTION 4. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect on the 91st day after the last day of the
103	103	legislative session.