Texas 2021 - 87th 3rd C.S.

Texas House Bill HB90 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87S30100 KJE-D
2		-	By: Oliverson, Meyer, Noble, Wilson, Toth, H.B. No. 90
3		-	et al.
	2	+	By: Oliverson H.B. No. 90
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to reducing school district maintenance and operations ad
9	8		valorem taxes through the use of certain surplus state revenue.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Section 48.255, Education Code, is amended by
12	11		amending Subsection (b) and adding Subsections (d) and (e) to read
13	12		as follows:
14	13		(b) Subject to Subsection (d), the [The] state compression
15	14		percentage is the lower of:
16	15		(1) 93 percent, or a lower percentage set by
17	16		appropriation for a school year;
18	17		(2) the percentage determined by the following
19	18		formula:
20	19		SCP = PYCP X 1.025/(1 + ECPV); or
21	20		(3) the percentage determined under this section for
22	21		the preceding school year.
23	22		(d) For each school year, the commissioner shall reduce the
24	23		state compression percentage determined under Subsection (b) to the
25	24		lowest percentage possible as a result of:
26	25		(1) money deposited to the credit of the property tax
27	26		relief fund under Section 403.109(e), Government Code; and
28	27		(2) any additional money appropriated for purposes of
29	28		this subsection.
30	29		(e) Notwithstanding any other provision, if for any school
31	30		year the commissioner determines under Subsection (b) or (d) that
32	31		the state compression percentage is zero:
33	32		(1) a school district may not impose a tier one
34	33		maintenance and operations tax for that school year or for any
35	34		subsequent school year; and
36	35		(2) each school district is entitled to funding under
37	36		Chapter 46 and this chapter for each school year as if the district
38	37		had:
39	38		(A) a tier one maintenance and operations tax
40	39		rate equal to the district's maximum compressed tax rate determined
41	40		under Section 48.2551; and
42	41		(B) no local share for purposes of Section
43	42		48.256.
44	43		SECTION 2. Section 403.109, Government Code, is amended by
45	44		adding Subsections (e) and (f) to read as follows:
46	45		(e) For each state fiscal biennium beginning before a
47	46		determination by the commissioner of education under Section
48	47		48.255(e), Education Code, the comptroller shall:
49	48		(1) allocate for deposit to the credit of the fund
50	49		general revenue in an amount equal to 90 percent of the amount by
51	50		which the amount of general revenue received in that biennium
52	51		exceeds the amount of consolidated general revenue appropriations,
53	52		as defined by Section 316.001, that could be appropriated within
54	53		the limit on the rate of growth of those appropriations adopted
55	54		under Section 316.005 for that biennium; and
56	55		(2) periodically deposit to the credit of the fund the
57	56		general revenue allocated under Subdivision (1), with the final
58	57		deposit for that biennium to be made not later than the 90th day of
59	58		the next state fiscal biennium.
60	59		(f) Notwithstanding any other provision of this section,
61	60		except as otherwise provided by this subsection, money deposited to
62	61		the credit of the fund under Subsection (e) may be appropriated only
63	62		to the Texas Education Agency for use in providing property tax
64	63		relief through reduction of the state compression percentage, as
65	64		defined by Section 48.255, Education Code. If the amount of money
66	65		available to be appropriated under this subsection for a state
67	66		fiscal biennium exceeds the amount of school district maintenance
68	67		and operations taxes the commissioner of education estimates to be
69	68		payable for that biennium, the legislature may appropriate the
70	69		surplus amount for any purpose.
71	70		SECTION 3. This Act applies beginning with the state fiscal
72	71		biennium beginning September 1, 2023.
73	72		SECTION 4. This Act takes effect on the 91st day after the
74	73		last day of the legislative session.