1 | 1 | | 88R2397 KJE-D |
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2 | 2 | | By: Schaefer H.B. No. 1030 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to reducing school district maintenance and operations ad |
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8 | 8 | | valorem taxes through the use of certain surplus state revenue. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 48.255, Education Code, is amended by |
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11 | 11 | | amending Subsection (b) and adding Subsections (d) and (e) to read |
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12 | 12 | | as follows: |
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13 | 13 | | (b) Subject to Subsection (d), the [The] state compression |
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14 | 14 | | percentage is the lower of: |
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15 | 15 | | (1) 93 percent, or a lower percentage set by |
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16 | 16 | | appropriation for a school year; |
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17 | 17 | | (2) the percentage determined by the following |
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18 | 18 | | formula: |
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19 | 19 | | SCP = PYCP X 1.025/(1 + ECPV); or |
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20 | 20 | | (3) the percentage determined under this section for |
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21 | 21 | | the preceding school year. |
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22 | 22 | | (d) For each school year, the commissioner shall reduce the |
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23 | 23 | | state compression percentage determined under Subsection (b) to the |
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24 | 24 | | lowest percentage possible as a result of: |
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25 | 25 | | (1) money deposited to the credit of the property tax |
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26 | 26 | | relief fund under Section 403.109(e), Government Code; and |
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27 | 27 | | (2) any additional money appropriated for purposes of |
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28 | 28 | | this subsection. |
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29 | 29 | | (e) Notwithstanding any other law, if for any school year |
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30 | 30 | | the commissioner determines under Subsection (b) or (d) that the |
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31 | 31 | | state compression percentage is zero: |
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32 | 32 | | (1) a school district may not impose a tier one |
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33 | 33 | | maintenance and operations tax for that school year or for any |
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34 | 34 | | subsequent school year; and |
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35 | 35 | | (2) each school district is entitled to funding under |
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36 | 36 | | Chapter 46 and this chapter for each school year as if the district |
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37 | 37 | | had: |
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38 | 38 | | (A) a tier one maintenance and operations tax |
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39 | 39 | | rate equal to the district's maximum compressed tax rate determined |
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40 | 40 | | under Section 48.2551; and |
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41 | 41 | | (B) no local share for purposes of Section |
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42 | 42 | | 48.256. |
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43 | 43 | | SECTION 2. Section 403.109, Government Code, is amended by |
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44 | 44 | | adding Subsections (e) and (f) to read as follows: |
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45 | 45 | | (e) The comptroller shall: |
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46 | 46 | | (1) allocate for deposit to the credit of the fund |
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47 | 47 | | general revenue in an amount equal to 90 percent of the amount by |
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48 | 48 | | which the amount of general revenue received in a state fiscal |
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49 | 49 | | biennium exceeds 104 percent of the total amount of general revenue |
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50 | 50 | | that was received during the preceding state fiscal biennium; and |
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51 | 51 | | (2) periodically deposit to the credit of the fund the |
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52 | 52 | | general revenue allocated under Subdivision (1), with the final |
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53 | 53 | | deposit for that biennium to be made not later than the 90th day of |
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54 | 54 | | the next state fiscal biennium. |
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55 | 55 | | (f) Notwithstanding any other provision of this section, |
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56 | 56 | | money deposited to the credit of the fund under Subsection (e) may |
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57 | 57 | | be appropriated only to the Texas Education Agency for use in |
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58 | 58 | | providing property tax relief through reduction of the state |
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59 | 59 | | compression percentage, as defined by Section 48.255, Education |
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60 | 60 | | Code. |
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61 | 61 | | SECTION 3. This Act applies beginning with the state fiscal |
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62 | 62 | | biennium beginning September 1, 2025. |
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63 | 63 | | SECTION 4. This Act takes effect September 1, 2023. |
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