Texas 2023 88th Regular

Texas House Bill HB1030 Introduced / Bill

Filed 12/19/2022

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                    88R2397 KJE-D
 By: Schaefer H.B. No. 1030


 A BILL TO BE ENTITLED
 AN ACT
 relating to reducing school district maintenance and operations ad
 valorem taxes through the use of certain surplus state revenue.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 48.255, Education Code, is amended by
 amending Subsection (b) and adding Subsections (d) and (e) to read
 as follows:
 (b)  Subject to Subsection (d), the [The] state compression
 percentage is the lower of:
 (1)  93 percent, or a lower percentage set by
 appropriation for a school year;
 (2)  the percentage determined by the following
 formula:
 SCP = PYCP X 1.025/(1 + ECPV); or
 (3)  the percentage determined under this section for
 the preceding school year.
 (d)  For each school year, the commissioner shall reduce the
 state compression percentage determined under Subsection (b) to the
 lowest percentage possible as a result of:
 (1)  money deposited to the credit of the property tax
 relief fund under Section 403.109(e), Government Code; and
 (2)  any additional money appropriated for purposes of
 this subsection.
 (e)  Notwithstanding any other law, if for any school year
 the commissioner determines under Subsection (b) or (d) that the
 state compression percentage is zero:
 (1)  a school district may not impose a tier one
 maintenance and operations tax for that school year or for any
 subsequent school year; and
 (2)  each school district is entitled to funding under
 Chapter 46 and this chapter for each school year as if the district
 had:
 (A)  a tier one maintenance and operations tax
 rate equal to the district's maximum compressed tax rate determined
 under Section 48.2551; and
 (B)  no local share for purposes of Section
 48.256.
 SECTION 2.  Section 403.109, Government Code, is amended by
 adding Subsections (e) and (f) to read as follows:
 (e)  The comptroller shall:
 (1)  allocate for deposit to the credit of the fund
 general revenue in an amount equal to 90 percent of the amount by
 which the amount of general revenue received in a state fiscal
 biennium exceeds 104 percent of the total amount of general revenue
 that was received during the preceding state fiscal biennium; and
 (2)  periodically deposit to the credit of the fund the
 general revenue allocated under Subdivision (1), with the final
 deposit for that biennium to be made not later than the 90th day of
 the next state fiscal biennium.
 (f)  Notwithstanding any other provision of this section,
 money deposited to the credit of the fund under Subsection (e) may
 be appropriated only to the Texas Education Agency for use in
 providing property tax relief through reduction of the state
 compression percentage, as defined by Section 48.255, Education
 Code.
 SECTION 3.  This Act applies beginning with the state fiscal
 biennium beginning September 1, 2025.
 SECTION 4.  This Act takes effect September 1, 2023.