Texas 2023 - 88th Regular

Texas House Bill HB38 Compare Versions

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11 By: Murr H.B. No. 38
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the elimination of certain property taxes for school
77 district maintenance and operations and the provision of public
88 education funding by increasing the rates of certain state taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 ARTICLE 1. PUBLIC SCHOOL FINANCE
1111 SECTION 1.01. Section 11.1511(c), Education Code, is
1212 amended to read as follows:
1313 (c) The board may:
1414 (1) issue bonds and levy, pledge, assess, and collect
1515 an annual ad valorem tax to pay the principal and interest on the
1616 bonds as authorized under Sections 45.001 and 45.003;
1717 (2) levy, assess, and collect an annual ad valorem tax
1818 for enrichment [maintenance and operation] of the district as
1919 authorized under Sections 45.002 and 45.003;
2020 (3) employ a person to assess or collect the district's
2121 taxes as authorized under Section 45.231; and
2222 (4) enter into contracts as authorized under this code
2323 or other law and delegate contractual authority to the
2424 superintendent as appropriate.
2525 SECTION 1.02. Section 12.013(b), Education Code, is amended
2626 to read as follows:
2727 (b) A home-rule school district is subject to:
2828 (1) a provision of this title establishing a criminal
2929 offense;
3030 (2) a provision of this title relating to limitations
3131 on liability; and
3232 (3) a prohibition, restriction, or requirement, as
3333 applicable, imposed by this title or a rule adopted under this
3434 title, relating to:
3535 (A) the Public Education Information Management
3636 System (PEIMS) to the extent necessary to monitor compliance with
3737 this subchapter as determined by the commissioner;
3838 (B) educator certification under Chapter 21 and
3939 educator rights under Sections 21.407, 21.408, and 22.001;
4040 (C) criminal history records under Subchapter C,
4141 Chapter 22;
4242 (D) student admissions under Section 25.001;
4343 (E) school attendance under Sections 25.085,
4444 25.086, and 25.087;
4545 (F) inter-district or inter-county transfers of
4646 students under Subchapter B, Chapter 25;
4747 (G) elementary class size limits under Section
4848 25.112, in the case of any campus in the district that fails to
4949 satisfy any standard under Section 39.054(e);
5050 (H) high school graduation under Section 28.025;
5151 (I) special education programs under Subchapter
5252 A, Chapter 29;
5353 (J) bilingual education under Subchapter B,
5454 Chapter 29;
5555 (K) prekindergarten programs under Subchapter E,
5656 Chapter 29;
5757 (L) safety provisions relating to the
5858 transportation of students under Sections 34.002, 34.003, 34.004,
5959 and 34.008;
6060 (M) computation and distribution of state aid
6161 under Chapters 31, 43, and 48;
6262 (N) extracurricular activities under Section
6363 33.081;
6464 (O) health and safety under Chapter 38;
6565 (P) public school accountability under
6666 Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;
6767 (Q) [options for local revenue levels in excess
6868 of entitlement under Chapter 49;
6969 [(R)] a bond or other obligation or tax rate
7070 under Chapters 43, 45, and 48; and
7171 (R) [(S)] purchasing under Chapter 44.
7272 SECTION 1.03. Section 12.029(b), Education Code, is amended
7373 to read as follows:
7474 (b) If [Except as provided by Subchapter H, Chapter 49, if]
7575 two or more school districts having different status, one of which
7676 is home-rule school district status, consolidate into a single
7777 district, the petition under Section 13.003 initiating the
7878 consolidation must state the status for the consolidated district.
7979 The ballot shall be printed to permit voting for or against the
8080 proposition: "Consolidation of (names of school districts) into a
8181 single school district governed as (status of school district
8282 specified in the petition)."
8383 SECTION 1.04. Section 12.106(a), Education Code, is amended
8484 to read as follows:
8585 (a) A charter holder is entitled to receive for the
8686 open-enrollment charter school funding under Chapter 48 equal to
8787 the amount of funding per student in weighted average daily
8888 attendance, excluding the adjustment under Section 48.052, the
8989 funding under Sections 48.101, 48.110, 48.111, and 48.112, and
9090 enrichment funding under Section 48.202(a), to which the charter
9191 holder would be entitled for the school under Chapter 48 if the
9292 school were a school district [without a tier one local share for
9393 purposes of Section 48.266].
9494 SECTION 1.05. Sections 13.054(f) and (i), Education Code,
9595 are amended to read as follows:
9696 (f) For five years beginning with the school year in which
9797 the annexation occurs, a school district shall receive additional
9898 funding as provided by Subchapter G [under this subsection or
9999 Subsection (h). The amount of funding shall be determined by
100100 multiplying the lesser of the enlarged district's local fund
101101 assignment computed under Section 48.256 or the enlarged district's
102102 total cost of tier one by a fraction, the numerator of which is the
103103 number of students residing in the territory annexed to the
104104 receiving district preceding the date of the annexation and the
105105 denominator of which is the number of students residing in the
106106 district as enlarged on the date of the annexation, and multiplying
107107 the resulting product by the quotient of the enlarged district's
108108 maximum compressed tax rate, as determined under Section 48.2551,
109109 for the current school year divided by the receiving district's
110110 maximum compressed tax rate, as determined under Section 48.2551,
111111 for the year in which the annexation occurred].
112112 (i) The funding provided under Subsection (f) or[,] (g)[, or
113113 (h)] is in addition to other funding the district receives through
114114 other provisions of this code, including Chapter [Chapters] 48 [and
115115 49].
116116 SECTION 1.06. Section 21.402(a), Education Code, is amended
117117 to read as follows:
118118 (a) Except as provided by Subsection (e-1) or (f), a school
119119 district must pay each classroom teacher, full-time librarian,
120120 full-time school counselor certified under Subchapter B, or
121121 full-time school nurse not less than the minimum monthly salary,
122122 based on the employee's level of experience in addition to other
123123 factors, as determined by commissioner rule, determined by the
124124 following formula:
125125 MS = SF x FS
126126 where:
127127 "MS" is the minimum monthly salary;
128128 "SF" is the applicable salary factor specified by Subsection
129129 (c); and
130130 "FS" is the amount, as determined by the commissioner under
131131 Subsection (b), of the basic allotment as provided by Section
132132 48.051(a) or (b) [for a school district with a maintenance and
133133 operations tax rate at least equal to the state maximum compressed
134134 tax rate, as defined by Section 48.051(a)].
135135 SECTION 1.07. Section 25.081(f), Education Code, is amended
136136 to read as follows:
137137 (f) The commissioner may proportionally reduce the amount
138138 of funding a district receives under Chapter 46 or[,] 48[, or 49]
139139 and the average daily attendance calculation for the district if
140140 the district operates on a calendar that provides fewer minutes of
141141 operation than required under Subsection (a).
142142 SECTION 1.08. Section 29.008(b), Education Code, is amended
143143 to read as follows:
144144 (b) Except as provided by Subsection (c), costs of an
145145 approved contract for residential placement may be paid from a
146146 combination of federal and[,] state[, and local] funds. [The local
147147 share of the total contract cost for each student is that portion of
148148 the local tax effort that exceeds the district's local fund
149149 assignment under Section 48.256, divided by the average daily
150150 attendance in the district. If the contract involves a private
151151 facility, the state share of the total contract cost is that amount
152152 remaining after subtracting the local share. If the contract
153153 involves a public facility, the state share is that amount
154154 remaining after subtracting the local share from the portion of the
155155 contract that involves the costs of instructional and related
156156 services. For purposes of this subsection, "local tax effort"
157157 means the total amount of money generated by taxes imposed for debt
158158 service and maintenance and operation less any amounts paid into a
159159 tax increment fund under Chapter 311, Tax Code.]
160160 SECTION 1.09. Section 29.087(j), Education Code, is amended
161161 to read as follows:
162162 (j) For purposes of funding under Chapters 46 and[,] 48,
163163 [and 49,] a student attending a program authorized by this section
164164 may be counted in attendance only for the actual number of hours
165165 each school day the student attends the program, in accordance with
166166 Section 25.081.
167167 SECTION 1.10. Section 29.203(b), Education Code, is amended
168168 to read as follows:
169169 (b) A school district is entitled to the allotment provided
170170 by Section 48.107 for each eligible student using a public
171171 education grant. A [If the district has a local revenue level
172172 greater than the guaranteed local revenue level but less than the
173173 level established under Section 48.257, a] school district is
174174 entitled under rules adopted by the commissioner to additional
175175 state aid in an amount equal to the difference between the cost to
176176 the district of providing services to a student using a public
177177 education grant and the sum of the state aid received because of the
178178 allotment under Section 48.107 and money from the available school
179179 fund attributable to the student.
180180 SECTION 1.11. Sections 30.003(b), (f-1), and (f-2),
181181 Education Code, are amended to read as follows:
182182 (b) If the student is admitted to the school for a full-time
183183 program for the equivalent of two long semesters, the district's
184184 share of the cost is an amount equal to the sum of:
185185 (1) the dollar amount of enrichment [maintenance] and
186186 debt service taxes imposed by the district for that year divided by
187187 the district's average daily attendance for the preceding year; and
188188 (2) a dollar amount determined by the commissioner.
189189 (f-1) The commissioner shall determine the total amount
190190 that the Texas School for the Blind and Visually Impaired and the
191191 Texas School for the Deaf would have received from school districts
192192 in accordance with this section if [the following provisions had
193193 not reduced the districts' share of the cost of providing education
194194 services:
195195 [(1)] H.B. No. 1, Acts of the 79th Legislature, 3rd
196196 Called Session, 2006[;
197197 [(2) Section 45.0032;
198198 [(3) Section 48.255; and
199199 [(4) Section 48.2551.
200200 [(f-2) The amount determined under Subsection (f-1)], had
201201 not reduced the districts' share of the cost of providing education
202202 services. That amount, minus any amount the schools do receive from
203203 school districts, shall be set aside as a separate account in the
204204 foundation school fund and appropriated to those schools for
205205 educational purposes.
206206 SECTION 1.12. Section 37.0061, Education Code, is amended
207207 to read as follows:
208208 Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN
209209 JUVENILE RESIDENTIAL FACILITIES. A school district that provides
210210 education services to pre-adjudicated and post-adjudicated
211211 students who are confined by court order in a juvenile residential
212212 facility operated by a juvenile board is entitled to count such
213213 students in the district's average daily attendance for purposes of
214214 receipt of state funds under the Foundation School Program. [If the
215215 district has a local revenue level greater than the guaranteed
216216 local revenue level but less than the level established under
217217 Section 48.257, the district in which the student is enrolled on the
218218 date a court orders the student to be confined to a juvenile
219219 residential facility shall transfer to the district providing
220220 education services an amount equal to the difference between the
221221 average Foundation School Program costs per student of the district
222222 providing education services and the sum of the state aid and the
223223 money from the available school fund received by the district that
224224 is attributable to the student for the portion of the school year
225225 for which the district provides education services to the student.]
226226 SECTION 1.13. Section 44.004, Education Code, is amended by
227227 amending Subsections (c), (c-1), (c-2), and (i) and adding
228228 Subsections (c-3) and (c-4) to read as follows:
229229 (c) The notice of public meeting to discuss and adopt the
230230 budget and the proposed tax rate may not be smaller than one-quarter
231231 page of a standard-size or a tabloid-size newspaper, and the
232232 headline on the notice must be in 18-point or larger type. Subject
233233 to Subsection (d), the notice must:
234234 (1) contain a statement in the following form:
235235 "NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE
236236 "The (name of school district) will hold a public meeting at
237237 (time, date, year) in (name of room, building, physical location,
238238 city, state). The purpose of this meeting is to discuss the school
239239 district's budget that will determine the tax rate that will be
240240 adopted. Public participation in the discussion is invited." The
241241 statement of the purpose of the meeting must be in bold type. In
242242 reduced type, the notice must state: "The tax rate that is
243243 ultimately adopted at this meeting or at a separate meeting at a
244244 later date may not exceed the proposed rate shown below unless the
245245 district publishes a revised notice containing the same information
246246 and comparisons set out below and holds another public meeting to
247247 discuss the revised notice.";
248248 (2) contain a section entitled "Comparison of Proposed
249249 Budget with Last Year's Budget," which must show the difference,
250250 expressed as a percent increase or decrease, as applicable, in the
251251 amounts budgeted for the preceding fiscal year and the amount
252252 budgeted for the fiscal year that begins in the current tax year for
253253 each of the following:
254254 (A) enrichment [maintenance and operations];
255255 (B) debt service; and
256256 (C) total expenditures;
257257 (3) contain a section entitled "Total Appraised Value
258258 and Total Taxable Value," which must show the total appraised value
259259 and the total taxable value of all property and the total appraised
260260 value and the total taxable value of new property taxable by the
261261 district in the preceding tax year and the current tax year as
262262 calculated under Section 26.04, Tax Code;
263263 (4) contain a statement of the total amount of the
264264 outstanding and unpaid bonded indebtedness of the school district;
265265 (5) contain a section entitled "Comparison of Proposed
266266 Rates with Last Year's Rates," which must:
267267 (A) show in rows the tax rates described by
268268 Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of
269269 property, for columns entitled "Enrichment," ["Maintenance &
270270 Operations,"] "Interest & Sinking Fund," and "Total," which is the
271271 sum of "Enrichment" ["Maintenance & Operations"] and "Interest &
272272 Sinking Fund":
273273 (i) the school district's "Last Year's
274274 Rate";
275275 (ii) the "Rate to Maintain Same Level of
276276 Enrichment [Maintenance & Operations] Revenue & Pay Debt Service,"
277277 which:
278278 (a) in the case of "Enrichment,"
279279 ["Maintenance & Operations,"] is the tax rate that, when applied to
280280 the current taxable value for the district, as certified by the
281281 chief appraiser under Section 26.01, Tax Code, and as adjusted to
282282 reflect changes made by the chief appraiser as of the time the
283283 notice is prepared, would impose taxes in an amount that, when added
284284 to state funds to be distributed to the district under Subchapter E,
285285 Chapter 48, would provide the same amount of enrichment
286286 [maintenance and operations] taxes and state funds distributed
287287 under Subchapter E, Chapter 48, per student in average daily
288288 attendance for the applicable school year that was available to the
289289 district in the preceding school year; and
290290 (b) in the case of "Interest & Sinking
291291 Fund," is the tax rate that, when applied to the current taxable
292292 value for the district, as certified by the chief appraiser under
293293 Section 26.01, Tax Code, and as adjusted to reflect changes made by
294294 the chief appraiser as of the time the notice is prepared, and when
295295 multiplied by the district's anticipated collection rate, would
296296 impose taxes in an amount that, when added to state funds to be
297297 distributed to the district under Chapter 46 and any excess taxes
298298 collected to service the district's debt during the preceding tax
299299 year but not used for that purpose during that year, would provide
300300 the amount required to service the district's debt; and
301301 (iii) the "Proposed Rate";
302302 (B) contain fourth and fifth columns aligned with
303303 the columns required by Paragraph (A) that show, for each row
304304 required by Paragraph (A):
305305 (i) the "Local Revenue per Student," which
306306 is computed by multiplying the district's total taxable value of
307307 property, as certified by the chief appraiser for the applicable
308308 school year under Section 26.01, Tax Code, and as adjusted to
309309 reflect changes made by the chief appraiser as of the time the
310310 notice is prepared, by the total tax rate, and dividing the product
311311 by the number of students in average daily attendance in the
312312 district for the applicable school year; and
313313 (ii) the "State Revenue per Student," which
314314 is computed by determining the amount of state aid received or to be
315315 received by the district under Chapters 43, 46, and 48 and dividing
316316 that amount by the number of students in average daily attendance in
317317 the district for the applicable school year; and
318318 (C) contain an asterisk after each calculation
319319 for "Interest & Sinking Fund" and a footnote to the section that, in
320320 reduced type, states "The Interest & Sinking Fund tax revenue is
321321 used to pay for bonded indebtedness on construction, equipment, or
322322 both. The bonds, and the tax rate necessary to pay those bonds,
323323 were approved by the voters of this district.";
324324 (6) contain a section entitled "Comparison of Proposed
325325 Levy with Last Year's Levy on Average Residence," which must:
326326 (A) show in rows the information described by
327327 Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns
328328 entitled "Last Year" and "This Year":
329329 (i) "Average Market Value of Residences,"
330330 determined using the same group of residences for each year;
331331 (ii) "Average Taxable Value of Residences,"
332332 determined after taking into account the limitation on the
333333 appraised value of residences under Section 23.23, Tax Code, and
334334 after subtracting all homestead exemptions applicable in each year,
335335 other than exemptions available only to disabled persons or persons
336336 65 years of age or older or their surviving spouses, and using the
337337 same group of residences for each year;
338338 (iii) "Last Year's Rate Versus Proposed
339339 Rate per $100 Value"; and
340340 (iv) "Taxes Due on Average Residence,"
341341 determined using the same group of residences for each year; and
342342 (B) contain the following information: "Increase
343343 (Decrease) in Taxes" expressed in dollars and cents, which is
344344 computed by subtracting the "Taxes Due on Average Residence" for
345345 the preceding tax year from the "Taxes Due on Average Residence" for
346346 the current tax year;
347347 (7) contain the following statement in bold print:
348348 "Under state law, the dollar amount of school taxes imposed on the
349349 residence of a person 65 years of age or older or of the surviving
350350 spouse of such a person, if the surviving spouse was 55 years of age
351351 or older when the person died, may not be increased above the amount
352352 paid in the first year after the person turned 65, regardless of
353353 changes in tax rate or property value."; and
354354 (8) [contain the following statement in bold print:
355355 "Notice of Voter-Approval Rate: The highest tax rate the district
356356 can adopt before requiring voter approval at an election is (the
357357 school district voter-approval rate determined under Section
358358 26.08, Tax Code). This election will be automatically held if the
359359 district adopts a rate in excess of the voter-approval rate of (the
360360 school district voter-approval rate)."; and
361361 [(9)] contain a section entitled "Fund Balances,"
362362 which must include the estimated amount of interest and sinking
363363 fund balances and the estimated amount of enrichment [maintenance
364364 and operation] or general fund balances remaining at the end of the
365365 current fiscal year that are not encumbered with or by
366366 corresponding debt obligation, less estimated funds necessary for
367367 the operation of the district before the receipt of the first
368368 payment under Chapter 48 in the succeeding school year.
369369 (c-1) The notice described by Subsection (c) must state in a
370370 distinct row or on a separate or individual line for each of the
371371 following taxes:
372372 (1) the proposed rate of the school district's
373373 enrichment [maintenance] tax described by Section 45.003, under the
374374 heading "Enrichment [Maintenance] Tax"; and
375375 (2) if the school district has issued ad valorem tax
376376 bonds under Section 45.001, the proposed rate of the tax to pay for
377377 the bonds, under the heading "School Debt Service Tax Approved by
378378 Local Voters."
379379 (c-2) The notice described by Subsection (c) must include a
380380 statement that a school district may not increase the district's
381381 enrichment [maintenance and operations] tax rate to create a
382382 surplus in enrichment [maintenance and operations] tax revenue for
383383 the purpose of paying the district's debt service.
384384 (c-3) For the notice required by Subsection (c) for the 2025
385385 tax year:
386386 (1) the rows required by Subsection (c)(5) entitled
387387 "Last Year's Rate" and the rows required by Subsection (c)(6)(A)
388388 entitled "Last Year's Rate Versus Proposed Rate per $100 Value" and
389389 "Taxes Due on Average Residence" and the item required by
390390 Subsection (c)(6)(B) entitled "Increase (Decrease) in Taxes" must
391391 contain an asterisk and a footnote to that section that, in reduced
392392 type, states "The 87th Legislature eliminated certain school
393393 district maintenance and operations taxes. The tax rate shown as '
394394 Last Year's Rate' and the 'Taxes Due on Average Residence' for last
395395 year are based on the sum of the interest and sinking fund tax rate
396396 adopted by the district for the 2024 tax year and the rate of any tax
397397 the district imposed for enrichment for that tax year, not the total
398398 tax rate."; and
399399 (2) the computation required by Subsection (c)(6)(B)
400400 shall be made using:
401401 (A) for the 2024 tax year, the sum of the interest
402402 and sinking fund tax rate adopted by the district for that tax year
403403 and the rate of any tax the district imposed for enrichment for that
404404 tax year; and
405405 (B) for the 2025 tax year, the sum of the
406406 district's proposed interest and sinking fund tax rate for that tax
407407 year and the district's proposed enrichment tax rate for that tax
408408 year.
409409 (c-4) Subsection (c-3) and this subsection expire January
410410 1, 2026.
411411 (i) A school district that uses a certified estimate, as
412412 authorized by Subsection (h), may adopt a budget at the public
413413 meeting designated in the notice prepared using the estimate, but
414414 the district may not adopt a tax rate before the district receives
415415 the certified appraisal roll for the district required by Section
416416 26.01(a), Tax Code. After receipt of the certified appraisal roll,
417417 the district must publish a revised notice and hold another public
418418 meeting before the district may adopt a tax rate that exceeds[:
419419 [(1)] the rate proposed in the notice prepared using
420420 the estimate[; or
421421 [(2) the district's voter-approval rate determined
422422 under Section 26.08, Tax Code, using the certified appraisal roll].
423423 SECTION 1.14. The heading to Subchapter A, Chapter 45,
424424 Education Code, is amended to read as follows:
425425 SUBCHAPTER A. TAX BONDS AND ENRICHMENT [MAINTENANCE] TAXES
426426 SECTION 1.15. Section 45.002, Education Code, is amended to
427427 read as follows:
428428 Sec. 45.002. ENRICHMENT [MAINTENANCE] TAXES. The governing
429429 board of an independent school district, including the city council
430430 or commission that has jurisdiction over a municipally controlled
431431 independent school district, the governing board of a rural high
432432 school district, and the commissioners court of a county, on behalf
433433 of each common school district under its jurisdiction, may levy,
434434 assess, and collect annual ad valorem taxes for the enrichment
435435 [further maintenance] of public schools in the district, subject to
436436 Section 45.003.
437437 SECTION 1.16. Section 45.003, Education Code, is amended by
438438 adding Subsections (a-1) and (a-2) and amending Subsection (d) to
439439 read as follows:
440440 (a-1) The governing board or commissioners court may levy
441441 the tax described by Section 45.002 at a rate of $0.05 or less per
442442 $100 of taxable value without an election.
443443 (a-2) A governing board or commissioners court that, for the
444444 2024 tax year, levied an enrichment tax at a rate in excess of $0.05
445445 per $100 of taxable value may continue to levy the tax at a rate that
446446 does not exceed that rate without an election.
447447 (d) A proposition submitted to authorize the levy of
448448 enrichment [maintenance] taxes must include the question of whether
449449 the governing board or commissioners court may levy, assess, and
450450 collect annual ad valorem taxes for the enrichment [further
451451 maintenance] of public schools, at a rate not to exceed the rate
452452 stated in the proposition. For any year, the enrichment
453453 [maintenance] tax rate adopted by the district may not exceed $0.17
454454 per $100 of taxable value [adopted by the district may not exceed
455455 the rate equal to the sum of $0.17 and the district's maximum
456456 compressed rate, as determined under Section 48.2551].
457457 SECTION 1.17. Sections 45.006(b), (c), (d), (e), and (f),
458458 Education Code, are amended to read as follows:
459459 (b) A [Notwithstanding Section 45.003, a] school district
460460 may levy, assess, and collect maintenance taxes [at a rate that
461461 exceeds $1.50 per $100 valuation of taxable property] if:
462462 (1) the [additional ad valorem] taxes are necessary to
463463 pay a debt of the district that:
464464 (A) resulted from the rendition of a judgment
465465 against the district before May 1, 1995;
466466 (B) is greater than $5 million;
467467 (C) decreases a property owner's ad valorem tax
468468 liability;
469469 (D) requires the district to refund to the
470470 property owner the difference between the amount of taxes paid by
471471 the property owner and the amount of taxes for which the property
472472 owner is liable; and
473473 (E) is payable according to the judgment in more
474474 than one of the district's fiscal years; and
475475 (2) the [additional] taxes are:
476476 (A) imposed at a rate that, when added to the rate
477477 of any ad valorem tax imposed by the district under Section 45.002
478478 or 45.007, produces a rate that does not exceed $0.17 per $100 of
479479 taxable value; and
480480 (B) approved by the voters of the district at an
481481 election held for that purpose.
482482 (c) Except as provided by Subsection (e), any [additional]
483483 maintenance taxes that the district collects under this section may
484484 be used only to pay the district's debt under Subsection (b)(1).
485485 (d) Except as provided by Subsection (e), the authority of a
486486 school district to levy the [additional] ad valorem taxes under
487487 this section expires when the judgment against the district is
488488 paid.
489489 (e) The governing body of a school district shall pay the
490490 district's debt under Subsection (b)(1) in a lump sum. To satisfy
491491 the district's debt under Subsection (b)(1), the governing body may
492492 levy and collect [additional] maintenance taxes as provided by
493493 Subsection (b) and may issue bonds. If bonds are issued:
494494 (1) the district may use any [additional] maintenance
495495 taxes collected by the district under this section to pay debt
496496 service on the bonds; and
497497 (2) the authority of the district to levy the
498498 [additional] ad valorem taxes expires when the bonds are paid in
499499 full or the judgment is paid, whichever occurs later.
500500 (f) The governing body of a school district that adopts a
501501 tax rate under this section [that exceeds $1.50 per $100 valuation
502502 of taxable property] may set the amount of the exemption from
503503 taxation authorized by Section 11.13(n), Tax Code, at any time
504504 before the date the governing body adopts the district's tax rate
505505 for the tax year in which the election approving the [additional]
506506 taxes is held.
507507 SECTION 1.18. Subchapter A, Chapter 45, Education Code, is
508508 amended by adding Section 45.007 to read as follows:
509509 Sec. 45.007. AD VALOREM TAX FOR JUNIOR COLLEGE PURPOSES IN
510510 CERTAIN SCHOOL DISTRICTS. (a) This section applies only to an
511511 independent school district in a county with a population of more
512512 than two million.
513513 (b) Subject to Subsection (e), the governing body of an
514514 independent school district that governs a junior college district
515515 under Subchapter B, Chapter 130, may impose an ad valorem tax at a
516516 rate not to exceed $0.05 on the $100 valuation of taxable property
517517 in the district for the use of the junior college district for
518518 facilities and equipment or for the maintenance and operating
519519 expenses of the junior college district.
520520 (c) All real property purchased with proceeds of a tax
521521 imposed under this section or with funds dedicated under Section
522522 45.105(e) as that section existed January 1, 2024, is the property
523523 of the school district but is subject to the exclusive control of
524524 the governing body of the junior college district for as long as the
525525 junior college district uses the property for educational purposes.
526526 (d) An independent school district that, under Section
527527 45.105(e) as that section existed January 1, 2024, dedicated a
528528 specific percentage of the school district's tax levy to the use of
529529 a junior college district governed by the school district for
530530 facilities and equipment or for the maintenance and operating
531531 expenses of the junior college district is not required to hold an
532532 election to impose a tax under this section.
533533 (e) The tax authorized under this section may not be imposed
534534 at a rate that, when added to the rate of any ad valorem tax imposed
535535 by the district under Section 45.002 or 45.006, produces a rate that
536536 exceeds $0.17 per $100 of taxable value.
537537 SECTION 1.19. Section 45.104(a), Education Code, is amended
538538 to read as follows:
539539 (a) The board of trustees of any school district may pledge
540540 its delinquent taxes levied for maintenance purposes for specific
541541 past[, current, and future] school years or levied for enrichment
542542 purposes for specific past, current, and future school years as
543543 security for a loan, and may evidence any such loan with negotiable
544544 notes, and the delinquent taxes pledged shall be applied against
545545 the principal and interest of the loan. Negotiable notes issued
546546 under this subsection must mature not more than 20 years from their
547547 date.
548548 SECTION 1.20. Section 45.108(a), Education Code, is amended
549549 to read as follows:
550550 (a) Independent or consolidated school districts may borrow
551551 money for the purpose of paying maintenance expenses and may
552552 evidence those loans with negotiable or nonnegotiable notes, except
553553 that the loans may not at any time exceed 75 percent of the previous
554554 year's income. The notes may be payable from and secured by a lien
555555 on and pledge of any available funds of the district[, including
556556 proceeds of a maintenance tax]. The term "maintenance expenses" or
557557 "maintenance expenditures" as used in this section means any lawful
558558 expenditure of the school district other than payment of principal
559559 of and interest on bonds. The term includes expenditures relating
560560 to notes issued to refund notes previously issued under this
561561 section if the refunding notes are coterminous with the refunded
562562 obligation. The term also includes all costs incurred in connection
563563 with environmental cleanup and asbestos cleanup and removal
564564 programs implemented by school districts or in connection with the
565565 maintenance, repair, rehabilitation, or replacement of heating,
566566 air conditioning, water, sanitation, roofing, flooring, electric,
567567 or other building systems of existing school properties. Notes
568568 issued pursuant to this section may be issued to mature in not more
569569 than 20 years from their date. Notes issued for a term longer than
570570 one year must be treated as "debt" as defined in Section 26.012(7),
571571 Tax Code.
572572 SECTION 1.21. Section 45.109(c), Education Code, is amended
573573 to read as follows:
574574 (c) The consideration for a contract under this section may
575575 be paid from any source available to the independent school
576576 district. [If voted as provided by this section, the district may
577577 pledge to the payment of the contract an annual maintenance tax in
578578 an amount sufficient, without limitation, to provide all of the
579579 consideration. If voted and pledged, the maintenance tax shall be
580580 assessed, levied, and collected annually in the same manner as
581581 provided by general law applicable to independent school districts
582582 for other maintenance taxes.]
583583 SECTION 1.22. Section 45.156(c), Education Code, is amended
584584 to read as follows:
585585 (c) The consideration payable by the district under a
586586 contract may be paid from any source available to the district. [If
587587 voted, the district may pledge to the payment of the contract an
588588 annual maintenance tax in an amount sufficient, without limitation,
589589 to provide all or part of the consideration. If voted and pledged,
590590 the maintenance tax shall be assessed, levied, and collected
591591 annually in the same manner as provided by general law applicable to
592592 independent school districts for other maintenance taxes. A
593593 maintenance tax may not be pledged to the payment of any contract or
594594 assessed, levied, or collected unless an election is held in the
595595 district, and the maintenance tax for that purpose is favorably
596596 voted by a majority of the qualified voters of the district. The
597597 election order for an election under this subsection must include
598598 the polling place or places and any other matters considered
599599 advisable by the board of trustees.]
600600 SECTION 1.23. Section 45.251(2), Education Code, is amended
601601 to read as follows:
602602 (2) "Foundation School Program" means the program
603603 established under Chapters 46 and[,] 48, [and 49,] or any successor
604604 program of state appropriated funding for school districts in this
605605 state.
606606 SECTION 1.24. Sections 45.261(a) and (e), Education Code,
607607 are amended to read as follows:
608608 (a) If the commissioner orders payment from the money
609609 appropriated to the Foundation School Program on behalf of a school
610610 district [that is not required to reduce its local revenue level
611611 under Section 48.257], the commissioner shall direct the
612612 comptroller to withhold the amount paid from the first state money
613613 payable to the district. [If the commissioner orders payment from
614614 the money appropriated to the Foundation School Program on behalf
615615 of a school district that is required to reduce its local revenue
616616 level under Section 48.257, the commissioner shall increase amounts
617617 due from the district under Chapter 49 in a total amount equal to
618618 the amount of payments made on behalf of the district under this
619619 subchapter.] Amounts withheld [or received] under this subsection
620620 shall be used for the Foundation School Program.
621621 (e) Any part of a school district's tax rate attributable to
622622 producing revenue for purposes of Subsection (c)(1) is considered
623623 part of the district's[:
624624 [(1) current debt rate for purposes of computing a
625625 voter-approval tax rate under Section 26.08, Tax Code; and
626626 [(2)] interest and sinking fund tax rate.
627627 SECTION 1.25. Section 46.003(d), Education Code, is amended
628628 to read as follows:
629629 (d) The amount budgeted by a district for payment of
630630 eligible bonds may include:
631631 (1) bond taxes collected in the current school year;
632632 (2) bond taxes collected in a preceding school year in
633633 excess of the amount necessary to pay the district's share of actual
634634 debt service on bonds in that year, provided that the taxes were not
635635 used to generate other state financial assistance for the district;
636636 [or]
637637 (3) enrichment [maintenance and operations] taxes
638638 collected in the current school year or a preceding school year in
639639 excess of the amount eligible to be used to generate other state
640640 financial assistance for the district; or
641641 (4) maintenance and operations taxes collected in a
642642 preceding school year in excess of the amount eligible to be used to
643643 generate other state financial assistance for the district.
644644 SECTION 1.26. Section 46.004(a), Education Code, is amended
645645 to read as follows:
646646 (a) A district may receive state assistance in connection
647647 with a lease-purchase agreement concerning an instructional
648648 facility. For purposes of this subchapter:
649649 (1) taxes levied for purposes of enrichment
650650 [maintenance and operations] that are necessary to pay a district's
651651 share of the payments under a lease-purchase agreement for which
652652 the district receives state assistance under this subchapter are
653653 considered to be bond taxes; and
654654 (2) payments under a lease-purchase agreement are
655655 considered to be payments of principal of and interest on bonds.
656656 SECTION 1.27. Section 46.032(c), Education Code, is amended
657657 to read as follows:
658658 (c) The amount budgeted by a district for payment of
659659 eligible bonds may include:
660660 (1) bond taxes collected in the current school year;
661661 (2) bond taxes collected in a preceding school year in
662662 excess of the amount necessary to pay the district's share of actual
663663 debt service on bonds in that year, provided that the taxes were not
664664 used to generate other state financial assistance for the district;
665665 [or]
666666 (3) enrichment [maintenance and operations] taxes
667667 collected in the current school year or a preceding school year in
668668 excess of the amount eligible to be used to generate other state
669669 financial assistance for the district; or
670670 (4) maintenance and operations taxes collected in a
671671 preceding school year in excess of the amount eligible to be used to
672672 generate other state financial assistance for the district.
673673 SECTION 1.28. Section 47.003, Education Code, is amended to
674674 read as follows:
675675 Sec. 47.003. USES OF FUND. Except as otherwise provided by
676676 this chapter, money in the fund may be appropriated only[:
677677 [(1)] to pay the cost of tier one allotments under
678678 Chapter 48[; or
679679 [(2) for the purpose of reducing school district
680680 maintenance and operations ad valorem tax rates].
681681 SECTION 1.29. Section 48.010(b), Education Code, is amended
682682 to read as follows:
683683 (b) In making the determinations regarding funding levels
684684 required by Subsection (a), the commissioner shall:
685685 (1) make adjustments as necessary to reflect changes
686686 in a school district's enrichment [maintenance and operations] tax
687687 rate; and
688688 (2) [for a district required to reduce its local
689689 revenue level under Section 48.257, base the determinations on the
690690 district's net funding levels after deducting any amounts required
691691 to be expended by the district to comply with Chapter 49; and
692692 [(3)] determine a district's weighted average daily
693693 attendance in accordance with this chapter as it existed on January
694694 1, 2011.
695695 SECTION 1.30. Section 48.051(a), Education Code, is amended
696696 to read as follows:
697697 (a) For each student in average daily attendance, not
698698 including the time students spend each day in special education
699699 programs in an instructional arrangement other than mainstream or
700700 career and technology education programs, for which an additional
701701 allotment is made under Subchapter C, a district is entitled to an
702702 allotment equal to [the lesser of] $6,160 [or the amount that
703703 results from the following formula:
704704 [A = $6,160 X TR/MCR
705705 [where:
706706 ["A" is the allotment to which a district is entitled;
707707 ["TR" is the district's tier one maintenance and operations
708708 tax rate, as provided by Section 45.0032; and
709709 ["MCR" is the district's maximum compressed tax rate, as
710710 determined under Section 48.2551].
711711 SECTION 1.31. Section 48.053(b), Education Code, is amended
712712 to read as follows:
713713 (b) For each student who resides in this state and is
714714 enrolled in the district, a school district to which this section
715715 applies is entitled to funding under this chapter [as if the
716716 district had no tier one local share for purposes of Section
717717 48.256].
718718 SECTION 1.32. Section 42.168, Education Code, as added by
719719 Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular
720720 Session, 2019, is transferred to Subchapter C, Chapter 48,
721721 Education Code, redesignated as Section 48.115, Education Code, and
722722 amended to read as follows:
723723 Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From
724724 funds appropriated for that purpose, the commissioner shall provide
725725 to a school district an annual allotment in the amount provided by
726726 appropriation for each student in average daily attendance.
727727 (b) Funds allocated under this section must be used to
728728 improve school safety and security, including costs associated
729729 with:
730730 (1) securing school facilities, including:
731731 (A) improvements to school infrastructure;
732732 (B) the use or installation of physical barriers;
733733 and
734734 (C) the purchase and maintenance of:
735735 (i) security cameras or other security
736736 equipment; and
737737 (ii) technology, including communications
738738 systems or devices, that facilitates communication and information
739739 sharing between students, school personnel, and first responders in
740740 an emergency;
741741 (2) providing security for the district, including:
742742 (A) employing school district peace officers,
743743 private security officers, and school marshals; and
744744 (B) collaborating with local law enforcement
745745 agencies, such as entering into a memorandum of understanding for
746746 the assignment of school resource officers to schools in the
747747 district;
748748 (3) school safety and security training and planning,
749749 including:
750750 (A) active shooter and emergency response
751751 training;
752752 (B) prevention and treatment programs relating
753753 to addressing adverse childhood experiences; and
754754 (C) the prevention, identification, and
755755 management of emergencies and threats, including:
756756 (i) providing mental health personnel and
757757 support;
758758 (ii) providing behavioral health services;
759759 and
760760 (iii) establishing threat reporting
761761 systems; and
762762 (4) providing programs related to suicide prevention,
763763 intervention, and postvention.
764764 (c) A school district may use funds allocated under this
765765 section for equipment or software that is used for a school safety
766766 and security purpose and an instructional purpose, provided that
767767 the instructional use does not compromise the safety and security
768768 purpose of the equipment or software.
769769 (d) [A school district that is required to take action under
770770 Chapter 41 to reduce its wealth per student to the equalized wealth
771771 level is entitled to a credit, in the amount of the allotments to
772772 which the district is to receive as provided by appropriation,
773773 against the total amount required under Section 41.093 for the
774774 district to purchase attendance credits.
775775 [(e)] The commissioner may adopt rules to implement this
776776 section.
777777 SECTION 1.33. Section 48.202, Education Code, is amended by
778778 amending Subsections (a), (a-1), (b), and (d) and adding Subsection
779779 (b-1) to read as follows:
780780 (a) Each school district is guaranteed a specified amount
781781 per weighted student in state and local funds for each cent of tax
782782 effort [over that required for the district's local fund
783783 assignment] up to the maximum level specified in this subchapter.
784784 The amount of state support, subject only to the maximum amount
785785 under Section 48.203, is determined by the formula:
786786 GYA = (GL X WADA X DTR X 100) - LR
787787 where:
788788 "GYA" is the guaranteed yield amount of state funds to be
789789 allocated to the district;
790790 "GL" is the dollar amount guaranteed level of state and local
791791 funds per weighted student per cent of tax effort, which is an
792792 amount described by Subsection (a-1) or a greater amount for any
793793 year provided by appropriation;
794794 "WADA" is the number of students in weighted average daily
795795 attendance, which is calculated by dividing the sum of the school
796796 district's allotments under Subchapters B and C by the basic
797797 allotment for the applicable year;
798798 "DTR" is the district enrichment tax rate of the school
799799 district, which is determined by subtracting the amounts specified
800800 by Subsection (b) from the total amount of enrichment [maintenance
801801 and operations] taxes collected by the school district for the
802802 applicable school year and dividing the difference by the quotient
803803 of the district's taxable value of property as determined under
804804 Subchapter M, Chapter 403, Government Code, or, if applicable,
805805 under Section 48.258 or by the quotient of the value [of "DPV" as]
806806 determined under Subsection (b-1) [Section 48.256(d)] if that
807807 subsection applies to the district, divided by 100; and
808808 "LR" is the local revenue, which is determined by multiplying
809809 "DTR" by the quotient of the district's taxable value of property as
810810 determined under Subchapter M, Chapter 403, Government Code, or, if
811811 applicable, under Section 48.258 or by the quotient of the value [of
812812 "DPV" as] determined under Subsection (b-1) [Section 48.256(d)] if
813813 that subsection applies to the district, divided by 100.
814814 (a-1) For purposes of Subsection (a), the dollar amount
815815 guaranteed level of state and local funds per weighted student per
816816 cent of tax effort ("GL") for a school district is:
817817 (1) the greater of the amount of district tax revenue
818818 per weighted student per cent of tax effort available to a school
819819 district at the 96th percentile of wealth per weighted student or
820820 the amount that results from multiplying $6,160, or the greater
821821 amount provided under Section 48.051(b), if applicable, by 0.016,
822822 for the first eight cents of [by which] the district's enrichment
823823 [maintenance and operations] tax rate [exceeds the district's tier
824824 one tax rate]; and
825825 (2) [subject to Subsection (f),] the amount that
826826 results from multiplying $6,160, or the greater amount provided
827827 under Section 48.051(b), if applicable, by 0.008, for the
828828 district's enrichment [maintenance and operations] tax effort that
829829 exceeds the amount of tax effort described by Subdivision (1).
830830 (b) In computing the district enrichment tax rate of a
831831 school district, the total amount of enrichment [maintenance and
832832 operations] taxes collected by the school district does not include
833833 the amount of[:
834834 [(1) the district's local fund assignment under
835835 Section 48.256; or
836836 [(2)] taxes paid into a tax increment fund under
837837 Chapter 311, Tax Code.
838838 (b-1) This subsection applies to a school district in which
839839 the board of trustees entered into a written agreement with a
840840 property owner under Section 313.027, Tax Code, for the
841841 implementation of a limitation on appraised value under Subchapter
842842 B or C, Chapter 313, Tax Code. For purposes of determining "DTR" or
843843 "LR" under Subsection (a) for a school district to which this
844844 subsection applies, the commissioner shall exclude from the
845845 district's taxable value of property as determined under Subchapter
846846 M, Chapter 403, Government Code, or, if applicable, under Section
847847 48.258 a portion of the market value of property not otherwise fully
848848 taxable by the district under Subchapter B or C, Chapter 313, Tax
849849 Code, before the expiration of the subchapter. The comptroller
850850 shall provide information to the agency necessary for this
851851 subsection. A revenue protection payment required as part of an
852852 agreement for a limitation on appraised value shall be based on the
853853 district's taxable value of property for the preceding tax year.
854854 (d) For purposes of this section, the total amount of
855855 enrichment [maintenance and operations] taxes collected for an
856856 applicable school year by a school district with alternate tax
857857 dates, as authorized by Section 26.135, Tax Code, is the amount of
858858 enrichment taxes collected on or after January 1 of the year in
859859 which the school year begins and not later than December 31 of the
860860 same year.
861861 SECTION 1.34. Section 48.203, Education Code, is amended to
862862 read as follows:
863863 Sec. 48.203. LIMITATION ON ENRICHMENT TAX RATE. The
864864 district enrichment tax rate ("DTR") under Section 48.202 may not
865865 exceed $0.17 [the amount] per $100 of valuation [by which the
866866 maximum rate permitted under Section 45.003 exceeds the rate used
867867 to determine the district's local share under Section 48.256, or a
868868 greater amount for any year provided by appropriation].
869869 SECTION 1.35. Section 48.251(c), Education Code, is amended
870870 to read as follows:
871871 (c) The program shall be financed by:
872872 (1) state available school funds distributed in
873873 accordance with the law;
874874 (2) ad valorem tax revenue generated by local school
875875 district effort as provided by Subchapter E; and
876876 (3) state funds appropriated for the purposes of
877877 public school education and allocated to each district in an amount
878878 sufficient to finance the cost of each district's Foundation School
879879 Program not covered by other funds specified in this subsection.
880880 SECTION 1.36. Section 48.252(b), Education Code, is amended
881881 to read as follows:
882882 (b) Notwithstanding any other provision of this chapter [or
883883 Chapter 49], a school district subject to this section is entitled
884884 to receive for each student in average daily attendance at the
885885 campus or program described by Subsection (a) an amount equivalent
886886 to the difference, if the difference results in increased funding,
887887 between:
888888 (1) the amount described by Section 12.106; and
889889 (2) the amount to which the district would be entitled
890890 under this chapter.
891891 SECTION 1.37. Section 48.254, Education Code, is amended to
892892 read as follows:
893893 Sec. 48.254. ADDITIONAL STATE AID FOR AD VALOREM TAX
894894 CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. For each school
895895 year, a school district[, including a school district that is
896896 otherwise ineligible for state aid under this chapter,] is entitled
897897 to state aid in an amount equal to the amount of all tax credits
898898 credited against ad valorem taxes of the district in that year under
899899 former Subchapter D, Chapter 313, Tax Code.
900900 SECTION 1.38. Section 48.258(a), Education Code, is amended
901901 to read as follows:
902902 (a) For purposes of Chapter [Chapters] 46 [and 49] and this
903903 chapter, and to the extent money specifically authorized to be used
904904 under this section is available, the commissioner shall adjust the
905905 taxable value of property in a school district that, due to factors
906906 beyond the control of the board of trustees, experiences a rapid
907907 decline in the tax base used in calculating taxable values in excess
908908 of four percent of the tax base used in the preceding year.
909909 SECTION 1.39. Section 48.259(e), Education Code, is amended
910910 to read as follows:
911911 (e) The commissioner shall notify school districts as soon
912912 as practicable as to the availability of funds under this section.
913913 [For purposes of computing a voter-approval tax rate under Section
914914 26.08, Tax Code, a district shall adjust the district's tax rate
915915 limit to reflect assistance received under this section.]
916916 SECTION 1.40. Section 48.260(a), Education Code, is amended
917917 to read as follows:
918918 (a) For purposes of Chapter [Chapters] 46 [and 49] and this
919919 chapter, the commissioner shall adjust the taxable value of
920920 property of a school district all or part of which is located in an
921921 area declared a disaster area by the governor under Chapter 418,
922922 Government Code, as necessary to ensure that the district receives
923923 funding based as soon as possible on property values as affected by
924924 the disaster.
925925 SECTION 1.41. Sections 48.266(a), (c), and (f), Education
926926 Code, are amended to read as follows:
927927 (a) For each school year the commissioner shall determine:
928928 (1) the amount of money to which a school district is
929929 entitled under Subchapters B, C, and D;
930930 (2) the amount of money to which a school district is
931931 entitled under Subchapter E;
932932 (3) the amount of money allocated to the district from
933933 the available school fund; and
934934 (4) [the amount of each district's tier one local share
935935 under Section 48.256; and
936936 [(5)] the amount of each district's tier two local
937937 share under Section 48.202 for:
938938 (A) the district's enrichment [maintenance and
939939 operations] tax effort described by Section 48.202(a-1)(1); and
940940 (B) the district's enrichment [maintenance and
941941 operations] tax effort described by Section 48.202(a-1)(2).
942942 (c) Each school district is entitled to an amount equal to
943943 the difference for that district between the sum of Subsections
944944 (a)(1) and (a)(2) and the sum of Subsections (a)(3) and[,] (a)(4)[,
945945 and (a)(5)].
946946 (f) If the amount appropriated for the Foundation School
947947 Program for the second year of a state fiscal biennium is less than
948948 the amount to which school districts and open-enrollment charter
949949 schools are entitled for that year, the commissioner shall certify
950950 the amount of the difference to the Legislative Budget Board not
951951 later than January 1 of the second year of the state fiscal
952952 biennium. The Legislative Budget Board shall propose to the
953953 legislature that the certified amount be transferred to the
954954 foundation school fund from the economic stabilization fund and
955955 appropriated for the purpose of increases in allocations under this
956956 subsection. If the legislature fails during the regular session to
957957 enact the proposed transfer and appropriation and there are not
958958 funds available under Subsection (h), the commissioner shall adjust
959959 the total amounts due to each school district and open-enrollment
960960 charter school under this chapter [and the total amounts necessary
961961 for each school district to comply with the requirements of Chapter
962962 49] by an amount determined by applying to each district and school
963963 the same percentage adjustment to the total amount of state and
964964 local revenue due to the district or school under this chapter [and
965965 Chapter 49] so that the total amount of the adjustment to all
966966 districts and schools results in an amount equal to the total
967967 adjustment necessary. The following fiscal year,[:
968968 [(1)] a district's or school's entitlement under
969969 this section is increased by an amount equal to the adjustment made
970970 under this subsection[; and
971971 [(2) the amount necessary for a district to
972972 comply with the requirements of Chapter 49 is reduced by an amount
973973 necessary to ensure a district's full recovery of the adjustment
974974 made under this subsection].
975975 SECTION 1.42. Sections 48.267(a), (b), and (c), Education
976976 Code, are amended to read as follows:
977977 (a) The commissioner may make adjustments to amounts due to
978978 a school district under this chapter or Chapter 46, [or to amounts
979979 necessary for a district to comply with the requirements of Chapter
980980 49,] as provided by this section.
981981 (b) A school district that has a major taxpayer, as
982982 determined by the commissioner, that because of a protest of the
983983 valuation of the taxpayer's property fails to pay all or a portion
984984 of the ad valorem taxes due to the district may apply to the
985985 commissioner to have the district's taxable value of property or ad
986986 valorem tax collections adjusted for purposes of this chapter or
987987 Chapter 46 [or 49]. The commissioner may make the adjustment only
988988 to the extent the commissioner determines that making the
989989 adjustment will not:
990990 (1) in the fiscal year in which the adjustment is made,
991991 cause the amount to which school districts are entitled under this
992992 chapter to exceed the amount appropriated for purposes of the
993993 Foundation School Program for that year; and
994994 (2) if the adjustment is made in the first year of a
995995 state fiscal biennium, cause the amount to which school districts
996996 are entitled under this chapter for the second year of the biennium
997997 to exceed the amount appropriated for purposes of the Foundation
998998 School Program for that year.
999999 (c) The commissioner shall recover the benefit of any
10001000 adjustment made under this section by making offsetting adjustments
10011001 in the school district's taxable value of property or ad valorem tax
10021002 collections for purposes of this chapter or Chapter 46 [or 49] on a
10031003 final determination of the taxable value of property that was the
10041004 basis of the original adjustment, or in the second school year
10051005 following the year in which the adjustment is made, whichever is
10061006 earlier.
10071007 SECTION 1.43. Section 48.271(b), Education Code, is amended
10081008 to read as follows:
10091009 (b) If the district would have received a greater amount
10101010 from the foundation school fund for the applicable school year
10111011 using the adjusted value, the commissioner shall add the difference
10121012 to subsequent distributions to the district from the foundation
10131013 school fund. [An adjustment does not affect the local fund
10141014 assignment of any other district.]
10151015 SECTION 1.44. Section 48.272(b), Education Code, is amended
10161016 to read as follows:
10171017 (b) Notwithstanding Subsection (a), the agency may recover
10181018 an overallocation of state funds over a period not to exceed the
10191019 subsequent five school years if the commissioner determines that
10201020 the overallocation was the result of exceptional circumstances
10211021 reasonably caused by statutory changes to Chapter 46, former
10221022 Chapter [or] 49, or this chapter and related reporting
10231023 requirements.
10241024 SECTION 1.45. Section 48.273(a)(4), Education Code, is
10251025 amended to read as follows:
10261026 (4) "Wealth per student" means the taxable property
10271027 value as determined [values reported by the comptroller to the
10281028 commissioner] under Subchapter M, Chapter 403, Government Code,
10291029 [Section 48.256] divided by the number of students in average daily
10301030 attendance.
10311031 SECTION 1.46. Section 48.275(b), Education Code, is amended
10321032 to read as follows:
10331033 (b) The amount of additional funds to which each school
10341034 district or participating charter school is entitled due to the
10351035 increases in formula funding made by H.B. No. 3343, Acts of the 77th
10361036 Legislature, Regular Session, 2001, and any subsequent legislation
10371037 amending the provisions amended by that Act that increase formula
10381038 funding under [Chapter 49 and] this chapter to school districts and
10391039 charter schools is available for purposes of Subsection (c).
10401040 SECTION 1.47. Section 79.10(f), Education Code, is amended
10411041 to read as follows:
10421042 (f) For each student enrolled in the academy, the academy is
10431043 entitled to allotments from the foundation school fund under
10441044 Chapter 48 as if the academy were a school district [without a tier
10451045 one local share for purposes of Section 48.266]. If in any academic
10461046 year the amount of the allotments under this subsection exceeds the
10471047 amount of state funds paid to the academy in the first fiscal year
10481048 of the academy's operation, the commissioner of education shall set
10491049 aside from the total amount of funds to which school districts are
10501050 entitled under Section 48.266(c) an amount equal to the excess
10511051 amount and shall distribute that amount to the academy. After
10521052 deducting the amount set aside and paid to the academy by the
10531053 commissioner of education under this subsection, the commissioner
10541054 of education shall reduce the amount to which each district is
10551055 entitled under Section 48.266(c) in the manner described by Section
10561056 48.266(f). A determination of the commissioner of education under
10571057 this subsection is final and may not be appealed.
10581058 SECTION 1.48. Section 87.208, Education Code, is amended to
10591059 read as follows:
10601060 Sec. 87.208. SEABORNE CONSERVATION CORPS. If the board of
10611061 regents of The Texas A&M University System administers a program
10621062 that is substantially similar to the Seaborne Conservation Corps as
10631063 it was administered by the board during the 1998-1999 school year,
10641064 the program is entitled, for each student enrolled, to allotments
10651065 from the Foundation School Program under Chapter 48 as if the
10661066 program were a school district[, except that the program has a local
10671067 share applied that is equivalent to the local fund assignment of the
10681068 school district in which the principal facilities of the program
10691069 are located].
10701070 SECTION 1.49. Section 87.505(g), Education Code, is amended
10711071 to read as follows:
10721072 (g) For each student enrolled in the academy, the academy is
10731073 entitled to allotments from the foundation school fund under
10741074 Chapter 48 as if the academy were a school district [without a tier
10751075 one local share for purposes of Section 48.266]. If in any academic
10761076 year the amount of the allotments under this subsection exceeds the
10771077 amount of state funds paid to the academy in the first fiscal year
10781078 of the academy's operation, the commissioner of education shall set
10791079 aside from the total amount of funds to which school districts are
10801080 entitled under Section 48.266(c) an amount equal to the excess
10811081 amount and shall distribute that amount to the academy. After
10821082 deducting the amount set aside and paid to the academy by the
10831083 commissioner of education under this subsection, the commissioner
10841084 of education shall reduce the amount to which each district is
10851085 entitled under Section 48.266(c) in the manner described by Section
10861086 48.266(f). A determination of the commissioner of education under
10871087 this subsection is final and may not be appealed.
10881088 SECTION 1.50. Section 96.707(k), Education Code, is amended
10891089 to read as follows:
10901090 (k) For each student enrolled in the academy, the academy is
10911091 entitled to allotments from the Foundation School Program under
10921092 Chapter 48 as if the academy were a school district [without a tier
10931093 one local share for purposes of Section 48.266].
10941094 SECTION 1.51. Section 105.301(e), Education Code, is
10951095 amended to read as follows:
10961096 (e) The academy is not subject to the provisions of this
10971097 code, or to the rules of the Texas Education Agency, regulating
10981098 public schools, except that:
10991099 (1) professional employees of the academy are entitled
11001100 to the limited liability of an employee under Section 22.0511,
11011101 22.0512, or 22.052;
11021102 (2) a student's attendance at the academy satisfies
11031103 compulsory school attendance requirements; and
11041104 (3) for each student enrolled, the academy is entitled
11051105 to allotments from the foundation school program under Chapter 48
11061106 as if the academy were a school district [without a tier one local
11071107 share for purposes of Section 48.266].
11081108 SECTION 1.52. Section 3.005(a), Election Code, is amended
11091109 to read as follows:
11101110 (a) Except as provided by Subsection [Subsections] (c) [and
11111111 (d)], an election ordered by an authority of a political
11121112 subdivision shall be ordered not later than the 62nd day before
11131113 election day.
11141114 SECTION 1.53. Section 4.008(a), Election Code, is amended
11151115 to read as follows:
11161116 (a) The [Except as provided by Subsection (b), the]
11171117 governing body of a political subdivision, other than a county,
11181118 that orders an election shall deliver notice of the election,
11191119 including the location of each polling place, to the county clerk
11201120 and voter registrar of each county in which the political
11211121 subdivision is located not later than the 60th day before election
11221122 day. The county clerk shall post notice of the election, including
11231123 the location of each polling place, on the county's Internet
11241124 website, if the county maintains a website, as provided by Section
11251125 4.003(b).
11261126 SECTION 1.54. Section 403.302(a), Government Code, is
11271127 amended to read as follows:
11281128 (a) The comptroller shall conduct a study using comparable
11291129 sales and generally accepted auditing and sampling techniques to
11301130 determine the total taxable value of all property in each school
11311131 district. The study shall determine the taxable value of all
11321132 property and of each category of property in the district and the
11331133 productivity value of all land that qualifies for appraisal on the
11341134 basis of its productive capacity and for which the owner has applied
11351135 for and received a productivity appraisal. [The comptroller shall
11361136 make appropriate adjustments in the study to account for actions
11371137 taken under Chapter 49, Education Code.]
11381138 SECTION 1.55. Section 437.117(a), Government Code, is
11391139 amended to read as follows:
11401140 (a) For each student enrolled in the Texas ChalleNGe
11411141 Academy, the department is entitled to allotments from the
11421142 Foundation School Program under Chapter 48, Education Code, as if
11431143 the academy were a school district [without a tier one local share
11441144 for purposes of Section 48.266, Education Code].
11451145 SECTION 1.56. Section 1579.251(a), Insurance Code, is
11461146 amended to read as follows:
11471147 (a) The state shall assist employees of participating
11481148 school districts and charter schools in the purchase of group
11491149 health coverage under this chapter by providing for each covered
11501150 employee the amount of $900 each state fiscal year or a greater
11511151 amount as provided by the General Appropriations Act. The state
11521152 contribution shall be distributed through the school finance
11531153 formulas under Chapter [Chapters] 48 [and 49], Education Code, and
11541154 used by school districts and charter schools as provided by Section
11551155 48.275, Education Code.
11561156 SECTION 1.57. Section 5.07(f), Tax Code, is amended to read
11571157 as follows:
11581158 (f) The comptroller shall prescribe tax rate calculation
11591159 forms to be used by the designated officer or employee of each:
11601160 (1) taxing unit other than a school district to
11611161 calculate and submit the no-new-revenue tax rate and the
11621162 voter-approval tax rate for the taxing unit as required by Chapter
11631163 26; and
11641164 (2) school district to:
11651165 (A) calculate and submit the no-new-revenue tax
11661166 rate [and the voter-approval tax rate] for the district as required
11671167 by Chapter 26; and
11681168 (B) submit the rate to maintain the same amount
11691169 of state and local revenue per weighted student that the district
11701170 received in the school year beginning in the preceding tax year as
11711171 required by Chapter 26.
11721172 SECTION 1.58. Section 21.01, Tax Code, is amended to read as
11731173 follows:
11741174 Sec. 21.01. REAL PROPERTY. Real property is taxable by a
11751175 taxing unit if located in the taxing unit on January 1[, except as
11761176 provided by Chapter 49, Education Code].
11771177 SECTION 1.59. Section 21.02(a), Tax Code, is amended to
11781178 read as follows:
11791179 (a) Except as provided by Subsection [Subsections (b) and]
11801180 (e) and by Sections 21.021, 21.04, and 21.05, tangible personal
11811181 property is taxable by a taxing unit if:
11821182 (1) it is located in the taxing unit on January 1 for
11831183 more than a temporary period;
11841184 (2) it normally is located in the taxing unit, even
11851185 though it is outside the taxing unit on January 1, if it is outside
11861186 the taxing unit only temporarily;
11871187 (3) it normally is returned to the taxing unit between
11881188 uses elsewhere and is not located in any one place for more than a
11891189 temporary period; or
11901190 (4) the owner resides (for property not used for
11911191 business purposes) or maintains the owner's principal place of
11921192 business in this state (for property used for business purposes) in
11931193 the taxing unit and the property is taxable in this state but does
11941194 not have a taxable situs pursuant to Subdivisions (1) through (3)
11951195 [of this subsection].
11961196 SECTION 1.60. Section 26.012, Tax Code, is amended by
11971197 amending Subdivisions (4) and (18) and adding Subdivision (17-a) to
11981198 read as follows:
11991199 (4) "Current debt rate" means a rate expressed in
12001200 dollars per $100 of taxable value and calculated according to the
12011201 following formula:
12021202 CURRENT DEBT RATE = [[](CURRENT DEBT SERVICE - EXCESS COLLECTIONS)
12031203 / (CURRENT TOTAL VALUE X COLLECTION RATE)[] + CURRENT JUNIOR
12041204 COLLEGE LEVY / CURRENT TOTAL VALUE]
12051205 (17-a) "No-new-revenue enrichment rate" means, for a
12061206 school district, a rate expressed in dollars per $100 of taxable
12071207 value and calculated according to the following formula:
12081208 NO-NEW-REVENUE ENRICHMENT RATE = (LAST YEAR'S LEVY - LAST YEAR'S
12091209 DEBT LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
12101210 (18) "No-new-revenue maintenance and operations rate"
12111211 means, for a taxing unit other than a school district, a rate
12121212 expressed in dollars per $100 of taxable value and calculated
12131213 according to the following formula:
12141214 NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE = (LAST YEAR'S LEVY
12151215 - LAST YEAR'S DEBT LEVY [- LAST YEAR'S JUNIOR COLLEGE LEVY]) /
12161216 (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
12171217 SECTION 1.61. Sections 26.04(c) and (e-1), Tax Code, are
12181218 amended to read as follows:
12191219 (c) After the assessor for the taxing unit submits the
12201220 appraisal roll for the taxing unit to the governing body of the
12211221 taxing unit as required by Subsection (b), an officer or employee
12221222 designated by the governing body of a taxing unit other than a
12231223 school district shall calculate the no-new-revenue tax rate and the
12241224 voter-approval tax rate for the taxing unit and an officer or
12251225 employee designated by the governing body of a school district
12261226 shall calculate the no-new-revenue tax rate for the school district
12271227 according to the following formulas[, where]:
12281228 (1) "No-new-revenue tax rate" means a rate expressed
12291229 in dollars per $100 of taxable value calculated according to the
12301230 following formula:
12311231 NO-NEW-REVENUE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY) /
12321232 (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
12331233 ; and
12341234 (2) "Voter-approval tax rate" means a rate expressed
12351235 in dollars per $100 of taxable value calculated according to the
12361236 following applicable formula:
12371237 (A) for a special taxing unit:
12381238 VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
12391239 OPERATIONS RATE x 1.08) + CURRENT DEBT RATE
12401240 ; or
12411241 (B) for a taxing unit other than a special taxing
12421242 unit or a school district:
12431243 VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
12441244 OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED INCREMENT
12451245 RATE)
12461246 (e-1) Subsections [The tax rate certification requirements
12471247 imposed by Subsection] (d-2), (e), (i), and (j) [and the notice
12481248 requirements imposed by Subsections (e)(1)-(3)] do not apply to a
12491249 school district. Notwithstanding any other provision of this
12501250 section, a requirement under this section that relates to the
12511251 calculation of the voter-approval tax rate or the submission of a
12521252 form used to calculate the voter-approval tax rate does not apply to
12531253 a school district.
12541254 SECTION 1.62. Section 26.05, Tax Code, is amended by
12551255 amending Subsections (a), (b), and (g) and adding Subsection (b-1)
12561256 to read as follows:
12571257 (a) The governing body of each taxing unit shall adopt a tax
12581258 rate for the current tax year and shall notify the assessor for the
12591259 taxing unit of the rate adopted. The governing body must adopt a
12601260 tax rate before the later of September 30 or the 60th day after the
12611261 date the certified appraisal roll is received by the taxing unit,
12621262 except that the governing body of a taxing unit other than a school
12631263 district must adopt a tax rate that exceeds the voter-approval tax
12641264 rate not later than the 71st day before the next uniform election
12651265 date prescribed by Section 41.001, Election Code, that occurs in
12661266 November of that year. The tax rate consists of two components,
12671267 each of which must be approved separately. The components are:
12681268 (1) for a taxing unit other than a school district, the
12691269 rate that, if applied to the total taxable value, will impose the
12701270 total amount described by Section 26.04(e)(3)(C), less any amount
12711271 of additional sales and use tax revenue that will be used to pay
12721272 debt service, or, for a school district, the rate calculated under
12731273 Section 44.004(c)(5)(A)(ii)(b), Education Code; and
12741274 (2) for a taxing unit other than a school district, the
12751275 rate that, if applied to the total taxable value, will impose the
12761276 amount of taxes needed to fund maintenance and operation
12771277 expenditures of the taxing unit for the next year, or, for a school
12781278 district, the rate that, if applied to total taxable value, will
12791279 impose the amount of taxes needed to fund the enrichment
12801280 expenditures of the school district for the next year.
12811281 (b) A taxing unit may not impose property taxes in any year
12821282 until the governing body has adopted a tax rate for that year, and
12831283 the annual tax rate must be set by ordinance, resolution, or order,
12841284 depending on the method prescribed by law for adoption of a law by
12851285 the governing body. The vote on the ordinance, resolution, or order
12861286 setting the tax rate must be separate from the vote adopting the
12871287 budget. For a taxing unit other than a school district, the vote on
12881288 the ordinance, resolution, or order setting a tax rate that exceeds
12891289 the no-new-revenue tax rate must be a record vote, and at least 60
12901290 percent of the members of the governing body must vote in favor of
12911291 the ordinance, resolution, or order. For a school district, the
12921292 vote on the ordinance, resolution, or order setting a tax rate that
12931293 exceeds the sum of the no-new-revenue enrichment [maintenance and
12941294 operations tax] rate of the district [as determined under Section
12951295 26.08(i)] and the district's current debt rate must be a record
12961296 vote, and at least 60 percent of the members of the governing body
12971297 must vote in favor of the ordinance, resolution, or order. A motion
12981298 to adopt an ordinance, resolution, or order setting a tax rate that
12991299 exceeds the no-new-revenue tax rate must be made in the following
13001300 form: "I move that the property tax rate be increased by the
13011301 adoption of a tax rate of (specify tax rate), which is effectively a
13021302 (insert percentage by which the proposed tax rate exceeds the
13031303 no-new-revenue tax rate) percent increase in the tax rate."
13041304 (b-1) If the ordinance, resolution, or order adopted under
13051305 Subsection (b) sets a tax rate that, if applied to the total taxable
13061306 value, will impose an amount of taxes to fund the maintenance and
13071307 operation expenditures or, in the case of a school district, the
13081308 enrichment expenditures of the taxing unit that exceeds the amount
13091309 of taxes imposed for that purpose in the preceding year, the taxing
13101310 unit must:
13111311 (1) include in the ordinance, resolution, or order in
13121312 type larger than the type used in any other portion of the document:
13131313 (A) the following statement: "THIS TAX RATE WILL
13141314 RAISE MORE TAXES FOR (INSERT MAINTENANCE AND OPERATIONS OR
13151315 ENRICHMENT, AS APPLICABLE) THAN LAST YEAR'S TAX RATE."; and
13161316 (B) if the tax rate exceeds the no-new-revenue
13171317 maintenance and operations rate or the no-new-revenue enrichment
13181318 rate, as applicable, the following statement: "THE TAX RATE WILL
13191319 EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE
13201320 EXCEEDS THE NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE OR
13211321 NO-NEW-REVENUE ENRICHMENT RATE, AS APPLICABLE) PERCENT AND WILL
13221322 RAISE TAXES [FOR MAINTENANCE AND OPERATIONS] ON A $100,000 HOME BY
13231323 APPROXIMATELY $(Insert amount)."; and
13241324 (2) include on the home page of the Internet website of
13251325 the taxing unit:
13261326 (A) the following statement: "(Insert name of
13271327 taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR
13281328 (INSERT MAINTENANCE AND OPERATIONS OR ENRICHMENT, AS APPLICABLE)
13291329 THAN LAST YEAR'S TAX RATE"; and
13301330 (B) if the tax rate exceeds the no-new-revenue
13311331 maintenance and operations rate or the no-new-revenue enrichment
13321332 rate, as applicable, the following statement: "THE TAX RATE WILL
13331333 EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE
13341334 EXCEEDS THE NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE OR
13351335 NO-NEW-REVENUE ENRICHMENT RATE, AS APPLICABLE) PERCENT AND WILL
13361336 RAISE TAXES [FOR MAINTENANCE AND OPERATIONS] ON A $100,000 HOME BY
13371337 APPROXIMATELY $(Insert amount)."
13381338 (g) Notwithstanding Subsection (a), the governing body of a
13391339 school district that elects to adopt a tax rate before the adoption
13401340 of a budget for the fiscal year that begins in the current tax year
13411341 may adopt a tax rate for the current tax year before receipt of the
13421342 certified appraisal roll for the school district if the chief
13431343 appraiser of the appraisal district in which the school district
13441344 participates has certified to the assessor for the school district
13451345 an estimate of the taxable value of property in the school district
13461346 as provided by Section 26.01(e). If a school district adopts a tax
13471347 rate under this subsection, the no-new-revenue tax rate [and the
13481348 voter-approval tax rate] of the district shall be calculated based
13491349 on the certified estimate of taxable value.
13501350 SECTION 1.63. Sections 26.16(a) and (d), Tax Code, are
13511351 amended to read as follows:
13521352 (a) Each county shall maintain an Internet website. The
13531353 county assessor-collector for each county shall post on the
13541354 Internet website maintained by the county the following applicable
13551355 information for the most recent five tax years for each taxing unit
13561356 all or part of the territory of which is located in the county:
13571357 (1) the adopted tax rate;
13581358 (2) the maintenance and operations rate;
13591359 (3) the enrichment rate;
13601360 (4) the debt rate;
13611361 (5) [(4)] the no-new-revenue tax rate;
13621362 (6) [(5)] the no-new-revenue maintenance and
13631363 operations rate;
13641364 (7) the no-new-revenue enrichment rate; and
13651365 (8) [(6)] the voter-approval tax rate.
13661366 (d) The county assessor-collector shall post immediately
13671367 below the table prescribed by Subsection (c) the following
13681368 statement:
13691369 "The county is providing this table of property tax rate
13701370 information as a service to the residents of the county. Each
13711371 individual taxing unit is responsible for calculating the property
13721372 tax rates listed in this table pertaining to that taxing unit and
13731373 providing that information to the county.
13741374 "The adopted tax rate is the tax rate adopted by the governing
13751375 body of a taxing unit.
13761376 "The maintenance and operations rate is the component of the
13771377 adopted tax rate of a taxing unit other than a school district that
13781378 will impose the amount of taxes needed to fund maintenance and
13791379 operation expenditures of the taxing unit for the following year.
13801380 "The enrichment rate is the component of the adopted tax rate
13811381 of a school district that will impose the amount of taxes needed to
13821382 fund enrichment expenditures of the school district for the
13831383 following year.
13841384 "The debt rate is the component of the adopted tax rate of a
13851385 taxing unit that will impose the amount of taxes needed to fund the
13861386 taxing unit's debt service for the following year.
13871387 "The no-new-revenue tax rate is the tax rate that would
13881388 generate the same amount of revenue in the current tax year as was
13891389 generated by a taxing unit's adopted tax rate in the preceding tax
13901390 year from property that is taxable in both the current tax year and
13911391 the preceding tax year.
13921392 "The no-new-revenue maintenance and operations rate is the
13931393 tax rate that, if adopted by a taxing unit other than a school
13941394 district in the current tax year, would generate the same amount of
13951395 revenue for maintenance and operations in the current tax year as
13961396 was generated by the [a] taxing unit's maintenance and operations
13971397 rate in the preceding tax year from property that is taxable in both
13981398 the current tax year and the preceding tax year.
13991399 "The no-new-revenue enrichment rate is the tax rate that, if
14001400 adopted by a school district in the current tax year, would generate
14011401 the same amount of revenue for enrichment expenditures in the
14021402 current tax year as was generated by the school district's
14031403 enrichment rate in the preceding tax year from property that is
14041404 taxable in both the current tax year and the preceding tax year.
14051405 "The voter-approval tax rate is the highest tax rate a taxing
14061406 unit other than a school district may adopt before requiring voter
14071407 approval at an election. An election will automatically be held if
14081408 a taxing unit other than a school district wishes to adopt a tax
14091409 rate in excess of the taxing unit's voter-approval tax rate."
14101410 SECTION 1.64. Section 26.17(b), Tax Code, is amended to
14111411 read as follows:
14121412 (b) The database must include, with respect to each property
14131413 listed on the appraisal roll for the appraisal district:
14141414 (1) the property's identification number;
14151415 (2) the property's market value;
14161416 (3) the property's taxable value;
14171417 (4) the name of each taxing unit in which the property
14181418 is located;
14191419 (5) for each taxing unit other than a school district
14201420 in which the property is located:
14211421 (A) the no-new-revenue tax rate; and
14221422 (B) the voter-approval tax rate;
14231423 (6) for each school district in which the property is
14241424 located,[:
14251425 [(A)] the tax rate that would maintain the
14261426 same amount of state and local revenue per weighted student that the
14271427 district received in the school year beginning in the preceding tax
14281428 year; [and
14291429 [(B) the voter-approval tax rate;]
14301430 (7) the tax rate proposed by the governing body of each
14311431 taxing unit in which the property is located;
14321432 (8) for each taxing unit other than a school district
14331433 in which the property is located, the taxes that would be imposed on
14341434 the property if the taxing unit adopted a tax rate equal to:
14351435 (A) the no-new-revenue tax rate; and
14361436 (B) the proposed tax rate;
14371437 (9) for each school district in which the property is
14381438 located, the taxes that would be imposed on the property if the
14391439 district adopted a tax rate equal to:
14401440 (A) the tax rate that would maintain the same
14411441 amount of state and local revenue per weighted student that the
14421442 district received in the school year beginning in the preceding tax
14431443 year; and
14441444 (B) the proposed tax rate;
14451445 (10) for each taxing unit other than a school district
14461446 in which the property is located, the difference between the amount
14471447 calculated under Subdivision (8)(A) and the amount calculated under
14481448 Subdivision (8)(B);
14491449 (11) for each school district in which the property is
14501450 located, the difference between the amount calculated under
14511451 Subdivision (9)(A) and the amount calculated under Subdivision
14521452 (9)(B);
14531453 (12) the date, time, and location of the public
14541454 hearing, if applicable, on the proposed tax rate to be held by the
14551455 governing body of each taxing unit in which the property is located;
14561456 (13) the date, time, and location of the public
14571457 meeting, if applicable, at which the tax rate will be adopted to be
14581458 held by the governing body of each taxing unit in which the property
14591459 is located; and
14601460 (14) for each taxing unit in which the property is
14611461 located, an e-mail address at which the taxing unit is capable of
14621462 receiving written comments regarding the proposed tax rate of the
14631463 taxing unit.
14641464 SECTION 1.65. Section 26.18, Tax Code, is amended to read as
14651465 follows:
14661466 Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY
14671467 TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet
14681468 website or have access to a generally accessible Internet website
14691469 that may be used for the purposes of this section. Each taxing unit
14701470 shall post or cause to be posted on the Internet website the
14711471 following information in a format prescribed by the comptroller:
14721472 (1) the name of each member of the governing body of
14731473 the taxing unit;
14741474 (2) the mailing address, e-mail address, and telephone
14751475 number of the taxing unit;
14761476 (3) the official contact information for each member
14771477 of the governing body of the taxing unit, if that information is
14781478 different from the information described by Subdivision (2);
14791479 (4) the taxing unit's budget for the preceding two
14801480 years;
14811481 (5) the taxing unit's proposed or adopted budget for
14821482 the current year;
14831483 (6) the change in the amount of the taxing unit's
14841484 budget from the preceding year to the current year, by dollar amount
14851485 and percentage;
14861486 (7) in the case of a taxing unit other than a school
14871487 district, the amount of property tax revenue budgeted for
14881488 maintenance and operations for:
14891489 (A) the preceding two years; and
14901490 (B) the current year;
14911491 (8) in the case of a taxing unit other than a school
14921492 district, the amount of property tax revenue budgeted for debt
14931493 service for:
14941494 (A) the preceding two years; and
14951495 (B) the current year;
14961496 (9) in the case of a taxing unit other than a school
14971497 district, the tax rate for maintenance and operations adopted by
14981498 the taxing unit for the preceding two years;
14991499 (9-a) in the case of a school district, the tax rate
15001500 for enrichment adopted by the district for the preceding two years;
15011501 (10) in the case of a taxing unit other than a school
15021502 district, the tax rate for debt service adopted by the taxing unit
15031503 for the preceding two years;
15041504 (11) in the case of a school district, the interest and
15051505 sinking fund tax rate adopted by the district for the preceding two
15061506 years;
15071507 (12) in the case of a taxing unit other than a school
15081508 district, the tax rate for maintenance and operations proposed by
15091509 the taxing unit for the current year;
15101510 (12-a) in the case of a school district, the tax rate
15111511 for enrichment proposed by the school district for the current
15121512 year;
15131513 (13) in the case of a taxing unit other than a school
15141514 district, the tax rate for debt service proposed by the taxing unit
15151515 for the current year;
15161516 (14) in the case of a school district, the interest and
15171517 sinking fund tax rate proposed by the district for the current year;
15181518 and
15191519 (15) the most recent financial audit of the taxing
15201520 unit.
15211521 SECTION 1.66. Section 31.01, Tax Code, is amended by
15221522 amending Subsection (d-1) and adding Subsection (d-2) to read as
15231523 follows:
15241524 (d-1) This subsection applies only to a school district. In
15251525 addition to stating the total tax rate for the school district, the
15261526 tax bill or the separate statement shall separately state:
15271527 (1) the enrichment [maintenance and operations] rate
15281528 of the school district;
15291529 (2) if the school district has outstanding debt, as
15301530 defined by Section 26.012, the debt rate of the district;
15311531 (3) the enrichment [maintenance and operations] rate
15321532 of the school district for the preceding tax year;
15331533 (4) if for the current tax year the school district
15341534 imposed taxes for debt, as defined by Section 26.012, the debt rate
15351535 of the district for the current tax year;
15361536 (5) if for the preceding tax year the school district
15371537 imposed taxes for debt, as defined by Section 26.012, the debt rate
15381538 of the district for that year; and
15391539 (6) the total tax rate of the district for the
15401540 preceding tax year.
15411541 (d-2) For the 2025 tax year, the "total tax rate of the
15421542 district for the preceding tax year" as required by Subsection
15431543 (d-1)(6) shall be computed by adding the district's debt rate for
15441544 the 2024 tax year and the rate of any tax the district imposed for
15451545 enrichment in the 2024 tax year. This subsection expires January 1,
15461546 2026.
15471547 SECTION 1.67. Section 312.210(b), Tax Code, is amended to
15481548 read as follows:
15491549 (b) A tax abatement agreement with the owner of real
15501550 property or tangible personal property that is located in the
15511551 reinvestment zone described by Subsection (a) [and in a school
15521552 district that has a local revenue level that does not exceed the
15531553 level established under Section 48.257] must exempt from taxation:
15541554 (1) the portion of the value of the property in the
15551555 amount specified in the joint agreement among the municipality,
15561556 county, and junior college district; and
15571557 (2) an amount equal to 10 percent of the maximum
15581558 portion of the value of the property that may under Section
15591559 312.204(a) be otherwise exempted from taxation.
15601560 SECTION 1.68. The following provisions are repealed:
15611561 (1) Section 7.055(b)(34), Education Code;
15621562 (2) Section 8.056, Education Code;
15631563 (3) Section 11.184, Education Code;
15641564 (4) Section 13.054(h), Education Code;
15651565 (5) Section 29.203(g), Education Code;
15661566 (6) Section 45.0021, Education Code;
15671567 (7) Section 45.003(f), Education Code;
15681568 (8) Section 45.0032, Education Code;
15691569 (9) Section 45.105(e), Education Code;
15701570 (10) Section 45.109(d), Education Code;
15711571 (11) Section 45.111(b), Education Code;
15721572 (12) Section 47.004, Education Code;
15731573 (13) Sections 48.202(a-2) and (f), Education Code;
15741574 (14) Sections 48.255, 48.2551, 48.2552, 48.2553,
15751575 48.256, and 48.257, Education Code;
15761576 (15) Section 48.265(b), Education Code;
15771577 (16) Chapter 49, Education Code;
15781578 (17) Section 3.005(d), Election Code;
15791579 (18) Section 4.008(b), Election Code;
15801580 (19) Sections 825.405(h) and (i), Government Code;
15811581 (20) Sections 21.02(b) and (c), Tax Code;
15821582 (21) Section 25.25(k), Tax Code;
15831583 (22) Sections 26.012(5) and (12), Tax Code; and
15841584 (23) Sections 26.08 and 26.085, Tax Code.
15851585 SECTION 1.69. (a) This article takes effect January 1,
15861586 2025.
15871587 (b) Chapter 48, Education Code, as amended by this article,
15881588 applies beginning with the 2025-2026 school year.
15891589 (c) The repeal by this article of Chapter 49, Education
15901590 Code, does not affect the obligations of a school district under
15911591 that chapter, as it existed before repeal by this article, for the
15921592 2023-2024 school year.
15931593 (d) This article does not affect ad valorem taxes imposed
15941594 before the effective date of this article, and the law in effect
15951595 before the effective date of this article is continued in effect for
15961596 purposes of the liability for and collection of those taxes and
15971597 penalties and interest on those taxes.
15981598 (e) To the extent of any conflict, this article prevails
15991599 over another Act of the 88th Legislature, Regular Session, 2023,
16001600 relating to nonsubstantive additions to and corrections in enacted
16011601 codes.
16021602 ARTICLE 2. STATE FUNDING FOR PUBLIC EDUCATION
16031603 SECTION 2.01. Section 151.051(b), Tax Code, is amended to
16041604 read as follows:
16051605 (b) The sales tax rate is 12 [6-1/4] percent of the sales
16061606 price of the taxable item sold.
16071607 SECTION 2.02. Section 151.801, Tax Code, is amended by
16081608 amending Subsection (a) and adding Subsection (b-1) to read as
16091609 follows:
16101610 (a) Except for the amounts allocated under Subsections (b),
16111611 (b-1), (c), (c-2), and (c-3), all proceeds from the collection of
16121612 the taxes imposed by this chapter shall be deposited to the credit
16131613 of the general revenue fund.
16141614 (b-1) Notwithstanding any other provision of this section,
16151615 an amount of revenue under this chapter equal to the proceeds, other
16161616 than the proceeds allocated under Subsection (b), derived from the
16171617 collection of taxes imposed by this chapter attributable to the
16181618 portion of the tax rate in excess of 6.25 percent of the sales price
16191619 of the taxable item sold shall be deposited to the credit of the
16201620 foundation school fund.
16211621 SECTION 2.03. Section 152.021(b), Tax Code, is amended to
16221622 read as follows:
16231623 (b) The tax rate is 12 [6-1/4] percent of the total
16241624 consideration.
16251625 SECTION 2.04. Section 152.022(b), Tax Code, is amended to
16261626 read as follows:
16271627 (b) The tax rate is 12 [6-1/4] percent of the total
16281628 consideration.
16291629 SECTION 2.05. Section 152.023(b-1), Tax Code, is amended to
16301630 read as follows:
16311631 (b-1) The tax on a motor vehicle eligible to be issued
16321632 exhibition vehicle specialty license plates under Section 504.502,
16331633 Transportation Code, is equal to the lesser of $90 or 12 [6.25]
16341634 percent of the total consideration.
16351635 SECTION 2.06. Section 152.026(b), Tax Code, is amended to
16361636 read as follows:
16371637 (b) The tax rate is 19 [10] percent of the gross rental
16381638 receipts from the rental of a rented motor vehicle for 30 days or
16391639 less and 12 [6-1/4] percent of the gross rental receipts from the
16401640 rental of a rented motor vehicle for longer than 30 days.
16411641 SECTION 2.07. Section 152.028(b), Tax Code, is amended to
16421642 read as follows:
16431643 (b) The tax rate is 12 [6-1/4] percent of the total
16441644 consideration.
16451645 SECTION 2.08. Section 152.122, Tax Code, is amended to read
16461646 as follows:
16471647 Sec. 152.122. ALLOCATION OF TAX. (a) The comptroller shall
16481648 deposit the funds received under Section 152.121 [of this code as
16491649 follows:
16501650 [(1) 1/4 to the credit of the foundation school
16511651 fund; and
16521652 [(2) the remaining funds] to the credit of the
16531653 general revenue fund.
16541654 (b) Notwithstanding Subsection (a), the comptroller shall
16551655 deposit to the credit of the foundation school fund an amount equal
16561656 to the amount of money that is:
16571657 (1) received by the comptroller under Sections
16581658 152.043, 152.044, 152.045, 152.046, 152.047, and 152.121;
16591659 (2) derived from the taxes imposed under Sections
16601660 152.021, 152.022, 152.023, 152.026, and 152.028; and
16611661 (3) attributable to an increase in the rate of a tax
16621662 described by Subdivision (2) effective October 1, 2024.
16631663 SECTION 2.09. The heading to Section 152.1222, Tax Code, is
16641664 amended to read as follows:
16651665 Sec. 152.1222. ALLOCATION OF CERTAIN TAX REVENUE TO
16661666 FOUNDATION SCHOOL [PROPERTY TAX RELIEF] FUND.
16671667 SECTION 2.10. Section 152.1222(a), Tax Code, is amended to
16681668 read as follows:
16691669 (a) Notwithstanding Section 152.122, the comptroller shall
16701670 deposit to the credit of the foundation school fund [property tax
16711671 relief fund under Section 403.109, Government Code,] the amount of
16721672 money received under Section 152.121 that is estimated to have been
16731673 derived from the computation of the tax imposed by this chapter on
16741674 the standard presumptive values of motor vehicles or on percentages
16751675 of those values as provided by Section 152.0412.
16761676 SECTION 2.11. Section 154.6035, Tax Code, is amended to
16771677 read as follows:
16781678 Sec. 154.6035. ALLOCATION OF CERTAIN REVENUE TO FOUNDATION
16791679 SCHOOL [PROPERTY TAX RELIEF] FUND. Notwithstanding Section
16801680 154.603, all proceeds from the collection of taxes imposed by this
16811681 chapter attributable to the portion of the tax rate in excess of
16821682 $20.50 per thousand on cigarettes, regardless of weight, shall be
16831683 deposited to the credit of the foundation school fund [property tax
16841684 relief fund under Section 403.109, Government Code].
16851685 SECTION 2.12. The heading to Section 155.2415, Tax Code, is
16861686 amended to read as follows:
16871687 Sec. 155.2415. ALLOCATION OF CERTAIN REVENUE TO FOUNDATION
16881688 SCHOOL [PROPERTY TAX RELIEF] FUND AND CERTAIN OTHER FUNDS.
16891689 SECTION 2.13. Section 155.2415(a), Tax Code, is amended to
16901690 read as follows:
16911691 (a) Notwithstanding Section 155.241, the proceeds from the
16921692 collection of taxes imposed by Section 155.0211 shall be allocated
16931693 as follows:
16941694 (1) the amount of the proceeds that is equal to the
16951695 amount that, if the taxes imposed by Section 155.0211 were imposed
16961696 at a rate of 40 percent of the manufacturer's list price, exclusive
16971697 of any trade discount, special discount, or deal, would be
16981698 attributable to the portion of that tax rate in excess of 35.213
16991699 percent, shall be deposited to the credit of the foundation school
17001700 fund [property tax relief fund under Section 403.109, Government
17011701 Code];
17021702 (2) the amount of the proceeds that is equal to the
17031703 amount that would be attributable to a tax rate of 35.213 percent of
17041704 the manufacturer's list price, exclusive of any trade discount,
17051705 special discount, or deal, if the taxes were imposed by Section
17061706 155.0211 at that rate, shall be deposited to the credit of the
17071707 general revenue fund; and
17081708 (3) [100 percent of] the remaining proceeds shall be
17091709 deposited to the credit of:
17101710 (A) the physician education loan repayment
17111711 program account established under Subchapter J, Chapter 61,
17121712 Education Code; or
17131713 (B) the general revenue fund, if the comptroller
17141714 determines that the unencumbered beginning balance of the physician
17151715 education loan repayment account established under Subchapter J,
17161716 Chapter 61, Education Code, is sufficient to fund appropriations
17171717 and other direct and indirect costs from that account for the
17181718 fulfillment of existing and expected physician loan repayment
17191719 commitments during the current state fiscal biennium.
17201720 SECTION 2.14. The heading to Section 171.4011, Tax Code, is
17211721 amended to read as follows:
17221722 Sec. 171.4011. ALLOCATION OF CERTAIN REVENUE TO FOUNDATION
17231723 SCHOOL [PROPERTY TAX RELIEF] FUND.
17241724 SECTION 2.15. Section 171.4011(a), Tax Code, is amended to
17251725 read as follows:
17261726 (a) Notwithstanding Section 171.401, [beginning with the
17271727 state fiscal year that begins September 1, 2007,] the comptroller
17281728 shall, for each state fiscal year, deposit to the credit of the
17291729 foundation school fund [property tax relief fund under Section
17301730 403.109, Government Code,] an amount of revenue calculated by:
17311731 (1) determining the revenue derived from the tax
17321732 imposed by this chapter as it applied during that [applicable]
17331733 state fiscal year; and
17341734 (2) subtracting the revenue the comptroller estimates
17351735 that the tax imposed by this chapter, as it existed on August 31,
17361736 2007, would have generated if it had been in effect for that
17371737 [applicable] state fiscal year.
17381738 SECTION 2.16. The following provisions are repealed:
17391739 (1) Section 403.109, Government Code; and
17401740 (2) Section 171.664, Tax Code.
17411741 SECTION 2.17. (a) This article takes effect October 1,
17421742 2024.
17431743 (b) On October 1, 2024, the property tax relief fund is
17441744 abolished and the unencumbered balance of that fund is transferred
17451745 to the foundation school fund.
17461746 (c) In addition to the substantive changes made by this
17471747 article, this article conforms Section 152.122, Tax Code, to the
17481748 method of allocating motor vehicle sales and use taxes in effect
17491749 before the effective date of this article. Section 11.04, Chapter 4
17501750 (S.B. 3), Acts of the 72nd Legislature, 1st Called Session, 1991,
17511751 enacted former Section 403.094(h), Government Code, which
17521752 abolished certain state fund dedications and resulted in the
17531753 abolition of the allocation to the foundation school fund effective
17541754 August 31, 1995.
17551755 (d) The changes in law made by this article do not affect tax
17561756 liability accruing before the effective date of this article. That
17571757 liability continues in effect as if this article had not been
17581758 enacted, and the former law is continued in effect for the
17591759 collection of taxes due and for civil and criminal enforcement of
17601760 the liability for those taxes.