1 | 1 | | By: Murr H.B. No. 38 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the elimination of certain property taxes for school |
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7 | 7 | | district maintenance and operations and the provision of public |
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8 | 8 | | education funding by increasing the rates of certain state taxes. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | ARTICLE 1. PUBLIC SCHOOL FINANCE |
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11 | 11 | | SECTION 1.01. Section 11.1511(c), Education Code, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | (c) The board may: |
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14 | 14 | | (1) issue bonds and levy, pledge, assess, and collect |
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15 | 15 | | an annual ad valorem tax to pay the principal and interest on the |
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16 | 16 | | bonds as authorized under Sections 45.001 and 45.003; |
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17 | 17 | | (2) levy, assess, and collect an annual ad valorem tax |
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18 | 18 | | for enrichment [maintenance and operation] of the district as |
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19 | 19 | | authorized under Sections 45.002 and 45.003; |
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20 | 20 | | (3) employ a person to assess or collect the district's |
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21 | 21 | | taxes as authorized under Section 45.231; and |
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22 | 22 | | (4) enter into contracts as authorized under this code |
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23 | 23 | | or other law and delegate contractual authority to the |
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24 | 24 | | superintendent as appropriate. |
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25 | 25 | | SECTION 1.02. Section 12.013(b), Education Code, is amended |
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26 | 26 | | to read as follows: |
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27 | 27 | | (b) A home-rule school district is subject to: |
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28 | 28 | | (1) a provision of this title establishing a criminal |
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29 | 29 | | offense; |
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30 | 30 | | (2) a provision of this title relating to limitations |
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31 | 31 | | on liability; and |
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32 | 32 | | (3) a prohibition, restriction, or requirement, as |
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33 | 33 | | applicable, imposed by this title or a rule adopted under this |
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34 | 34 | | title, relating to: |
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35 | 35 | | (A) the Public Education Information Management |
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36 | 36 | | System (PEIMS) to the extent necessary to monitor compliance with |
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37 | 37 | | this subchapter as determined by the commissioner; |
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38 | 38 | | (B) educator certification under Chapter 21 and |
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39 | 39 | | educator rights under Sections 21.407, 21.408, and 22.001; |
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40 | 40 | | (C) criminal history records under Subchapter C, |
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41 | 41 | | Chapter 22; |
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42 | 42 | | (D) student admissions under Section 25.001; |
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43 | 43 | | (E) school attendance under Sections 25.085, |
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44 | 44 | | 25.086, and 25.087; |
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45 | 45 | | (F) inter-district or inter-county transfers of |
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46 | 46 | | students under Subchapter B, Chapter 25; |
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47 | 47 | | (G) elementary class size limits under Section |
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48 | 48 | | 25.112, in the case of any campus in the district that fails to |
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49 | 49 | | satisfy any standard under Section 39.054(e); |
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50 | 50 | | (H) high school graduation under Section 28.025; |
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51 | 51 | | (I) special education programs under Subchapter |
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52 | 52 | | A, Chapter 29; |
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53 | 53 | | (J) bilingual education under Subchapter B, |
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54 | 54 | | Chapter 29; |
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55 | 55 | | (K) prekindergarten programs under Subchapter E, |
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56 | 56 | | Chapter 29; |
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57 | 57 | | (L) safety provisions relating to the |
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58 | 58 | | transportation of students under Sections 34.002, 34.003, 34.004, |
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59 | 59 | | and 34.008; |
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60 | 60 | | (M) computation and distribution of state aid |
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61 | 61 | | under Chapters 31, 43, and 48; |
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62 | 62 | | (N) extracurricular activities under Section |
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63 | 63 | | 33.081; |
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64 | 64 | | (O) health and safety under Chapter 38; |
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65 | 65 | | (P) public school accountability under |
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66 | 66 | | Subchapters B, C, D, and J, Chapter 39, and Chapter 39A; |
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67 | 67 | | (Q) [options for local revenue levels in excess |
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68 | 68 | | of entitlement under Chapter 49; |
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69 | 69 | | [(R)] a bond or other obligation or tax rate |
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70 | 70 | | under Chapters 43, 45, and 48; and |
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71 | 71 | | (R) [(S)] purchasing under Chapter 44. |
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72 | 72 | | SECTION 1.03. Section 12.029(b), Education Code, is amended |
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73 | 73 | | to read as follows: |
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74 | 74 | | (b) If [Except as provided by Subchapter H, Chapter 49, if] |
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75 | 75 | | two or more school districts having different status, one of which |
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76 | 76 | | is home-rule school district status, consolidate into a single |
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77 | 77 | | district, the petition under Section 13.003 initiating the |
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78 | 78 | | consolidation must state the status for the consolidated district. |
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79 | 79 | | The ballot shall be printed to permit voting for or against the |
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80 | 80 | | proposition: "Consolidation of (names of school districts) into a |
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81 | 81 | | single school district governed as (status of school district |
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82 | 82 | | specified in the petition)." |
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83 | 83 | | SECTION 1.04. Section 12.106(a), Education Code, is amended |
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84 | 84 | | to read as follows: |
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85 | 85 | | (a) A charter holder is entitled to receive for the |
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86 | 86 | | open-enrollment charter school funding under Chapter 48 equal to |
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87 | 87 | | the amount of funding per student in weighted average daily |
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88 | 88 | | attendance, excluding the adjustment under Section 48.052, the |
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89 | 89 | | funding under Sections 48.101, 48.110, 48.111, and 48.112, and |
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90 | 90 | | enrichment funding under Section 48.202(a), to which the charter |
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91 | 91 | | holder would be entitled for the school under Chapter 48 if the |
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92 | 92 | | school were a school district [without a tier one local share for |
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93 | 93 | | purposes of Section 48.266]. |
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94 | 94 | | SECTION 1.05. Sections 13.054(f) and (i), Education Code, |
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95 | 95 | | are amended to read as follows: |
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96 | 96 | | (f) For five years beginning with the school year in which |
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97 | 97 | | the annexation occurs, a school district shall receive additional |
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98 | 98 | | funding as provided by Subchapter G [under this subsection or |
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99 | 99 | | Subsection (h). The amount of funding shall be determined by |
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100 | 100 | | multiplying the lesser of the enlarged district's local fund |
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101 | 101 | | assignment computed under Section 48.256 or the enlarged district's |
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102 | 102 | | total cost of tier one by a fraction, the numerator of which is the |
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103 | 103 | | number of students residing in the territory annexed to the |
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104 | 104 | | receiving district preceding the date of the annexation and the |
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105 | 105 | | denominator of which is the number of students residing in the |
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106 | 106 | | district as enlarged on the date of the annexation, and multiplying |
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107 | 107 | | the resulting product by the quotient of the enlarged district's |
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108 | 108 | | maximum compressed tax rate, as determined under Section 48.2551, |
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109 | 109 | | for the current school year divided by the receiving district's |
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110 | 110 | | maximum compressed tax rate, as determined under Section 48.2551, |
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111 | 111 | | for the year in which the annexation occurred]. |
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112 | 112 | | (i) The funding provided under Subsection (f) or[,] (g)[, or |
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113 | 113 | | (h)] is in addition to other funding the district receives through |
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114 | 114 | | other provisions of this code, including Chapter [Chapters] 48 [and |
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115 | 115 | | 49]. |
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116 | 116 | | SECTION 1.06. Section 21.402(a), Education Code, is amended |
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117 | 117 | | to read as follows: |
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118 | 118 | | (a) Except as provided by Subsection (e-1) or (f), a school |
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119 | 119 | | district must pay each classroom teacher, full-time librarian, |
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120 | 120 | | full-time school counselor certified under Subchapter B, or |
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121 | 121 | | full-time school nurse not less than the minimum monthly salary, |
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122 | 122 | | based on the employee's level of experience in addition to other |
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123 | 123 | | factors, as determined by commissioner rule, determined by the |
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124 | 124 | | following formula: |
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125 | 125 | | MS = SF x FS |
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126 | 126 | | where: |
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127 | 127 | | "MS" is the minimum monthly salary; |
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128 | 128 | | "SF" is the applicable salary factor specified by Subsection |
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129 | 129 | | (c); and |
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130 | 130 | | "FS" is the amount, as determined by the commissioner under |
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131 | 131 | | Subsection (b), of the basic allotment as provided by Section |
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132 | 132 | | 48.051(a) or (b) [for a school district with a maintenance and |
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133 | 133 | | operations tax rate at least equal to the state maximum compressed |
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134 | 134 | | tax rate, as defined by Section 48.051(a)]. |
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135 | 135 | | SECTION 1.07. Section 25.081(f), Education Code, is amended |
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136 | 136 | | to read as follows: |
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137 | 137 | | (f) The commissioner may proportionally reduce the amount |
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138 | 138 | | of funding a district receives under Chapter 46 or[,] 48[, or 49] |
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139 | 139 | | and the average daily attendance calculation for the district if |
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140 | 140 | | the district operates on a calendar that provides fewer minutes of |
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141 | 141 | | operation than required under Subsection (a). |
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142 | 142 | | SECTION 1.08. Section 29.008(b), Education Code, is amended |
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143 | 143 | | to read as follows: |
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144 | 144 | | (b) Except as provided by Subsection (c), costs of an |
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145 | 145 | | approved contract for residential placement may be paid from a |
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146 | 146 | | combination of federal and[,] state[, and local] funds. [The local |
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147 | 147 | | share of the total contract cost for each student is that portion of |
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148 | 148 | | the local tax effort that exceeds the district's local fund |
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149 | 149 | | assignment under Section 48.256, divided by the average daily |
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150 | 150 | | attendance in the district. If the contract involves a private |
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151 | 151 | | facility, the state share of the total contract cost is that amount |
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152 | 152 | | remaining after subtracting the local share. If the contract |
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153 | 153 | | involves a public facility, the state share is that amount |
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154 | 154 | | remaining after subtracting the local share from the portion of the |
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155 | 155 | | contract that involves the costs of instructional and related |
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156 | 156 | | services. For purposes of this subsection, "local tax effort" |
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157 | 157 | | means the total amount of money generated by taxes imposed for debt |
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158 | 158 | | service and maintenance and operation less any amounts paid into a |
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159 | 159 | | tax increment fund under Chapter 311, Tax Code.] |
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160 | 160 | | SECTION 1.09. Section 29.087(j), Education Code, is amended |
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161 | 161 | | to read as follows: |
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162 | 162 | | (j) For purposes of funding under Chapters 46 and[,] 48, |
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163 | 163 | | [and 49,] a student attending a program authorized by this section |
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164 | 164 | | may be counted in attendance only for the actual number of hours |
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165 | 165 | | each school day the student attends the program, in accordance with |
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166 | 166 | | Section 25.081. |
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167 | 167 | | SECTION 1.10. Section 29.203(b), Education Code, is amended |
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168 | 168 | | to read as follows: |
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169 | 169 | | (b) A school district is entitled to the allotment provided |
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170 | 170 | | by Section 48.107 for each eligible student using a public |
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171 | 171 | | education grant. A [If the district has a local revenue level |
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172 | 172 | | greater than the guaranteed local revenue level but less than the |
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173 | 173 | | level established under Section 48.257, a] school district is |
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174 | 174 | | entitled under rules adopted by the commissioner to additional |
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175 | 175 | | state aid in an amount equal to the difference between the cost to |
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176 | 176 | | the district of providing services to a student using a public |
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177 | 177 | | education grant and the sum of the state aid received because of the |
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178 | 178 | | allotment under Section 48.107 and money from the available school |
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179 | 179 | | fund attributable to the student. |
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180 | 180 | | SECTION 1.11. Sections 30.003(b), (f-1), and (f-2), |
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181 | 181 | | Education Code, are amended to read as follows: |
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182 | 182 | | (b) If the student is admitted to the school for a full-time |
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183 | 183 | | program for the equivalent of two long semesters, the district's |
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184 | 184 | | share of the cost is an amount equal to the sum of: |
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185 | 185 | | (1) the dollar amount of enrichment [maintenance] and |
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186 | 186 | | debt service taxes imposed by the district for that year divided by |
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187 | 187 | | the district's average daily attendance for the preceding year; and |
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188 | 188 | | (2) a dollar amount determined by the commissioner. |
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189 | 189 | | (f-1) The commissioner shall determine the total amount |
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190 | 190 | | that the Texas School for the Blind and Visually Impaired and the |
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191 | 191 | | Texas School for the Deaf would have received from school districts |
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192 | 192 | | in accordance with this section if [the following provisions had |
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193 | 193 | | not reduced the districts' share of the cost of providing education |
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194 | 194 | | services: |
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195 | 195 | | [(1)] H.B. No. 1, Acts of the 79th Legislature, 3rd |
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196 | 196 | | Called Session, 2006[; |
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197 | 197 | | [(2) Section 45.0032; |
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198 | 198 | | [(3) Section 48.255; and |
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199 | 199 | | [(4) Section 48.2551. |
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200 | 200 | | [(f-2) The amount determined under Subsection (f-1)], had |
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201 | 201 | | not reduced the districts' share of the cost of providing education |
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202 | 202 | | services. That amount, minus any amount the schools do receive from |
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203 | 203 | | school districts, shall be set aside as a separate account in the |
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204 | 204 | | foundation school fund and appropriated to those schools for |
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205 | 205 | | educational purposes. |
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206 | 206 | | SECTION 1.12. Section 37.0061, Education Code, is amended |
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207 | 207 | | to read as follows: |
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208 | 208 | | Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN |
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209 | 209 | | JUVENILE RESIDENTIAL FACILITIES. A school district that provides |
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210 | 210 | | education services to pre-adjudicated and post-adjudicated |
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211 | 211 | | students who are confined by court order in a juvenile residential |
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212 | 212 | | facility operated by a juvenile board is entitled to count such |
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213 | 213 | | students in the district's average daily attendance for purposes of |
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214 | 214 | | receipt of state funds under the Foundation School Program. [If the |
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215 | 215 | | district has a local revenue level greater than the guaranteed |
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216 | 216 | | local revenue level but less than the level established under |
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217 | 217 | | Section 48.257, the district in which the student is enrolled on the |
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218 | 218 | | date a court orders the student to be confined to a juvenile |
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219 | 219 | | residential facility shall transfer to the district providing |
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220 | 220 | | education services an amount equal to the difference between the |
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221 | 221 | | average Foundation School Program costs per student of the district |
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222 | 222 | | providing education services and the sum of the state aid and the |
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223 | 223 | | money from the available school fund received by the district that |
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224 | 224 | | is attributable to the student for the portion of the school year |
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225 | 225 | | for which the district provides education services to the student.] |
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226 | 226 | | SECTION 1.13. Section 44.004, Education Code, is amended by |
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227 | 227 | | amending Subsections (c), (c-1), (c-2), and (i) and adding |
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228 | 228 | | Subsections (c-3) and (c-4) to read as follows: |
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229 | 229 | | (c) The notice of public meeting to discuss and adopt the |
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230 | 230 | | budget and the proposed tax rate may not be smaller than one-quarter |
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231 | 231 | | page of a standard-size or a tabloid-size newspaper, and the |
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232 | 232 | | headline on the notice must be in 18-point or larger type. Subject |
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233 | 233 | | to Subsection (d), the notice must: |
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234 | 234 | | (1) contain a statement in the following form: |
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235 | 235 | | "NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE |
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236 | 236 | | "The (name of school district) will hold a public meeting at |
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237 | 237 | | (time, date, year) in (name of room, building, physical location, |
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238 | 238 | | city, state). The purpose of this meeting is to discuss the school |
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239 | 239 | | district's budget that will determine the tax rate that will be |
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240 | 240 | | adopted. Public participation in the discussion is invited." The |
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241 | 241 | | statement of the purpose of the meeting must be in bold type. In |
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242 | 242 | | reduced type, the notice must state: "The tax rate that is |
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243 | 243 | | ultimately adopted at this meeting or at a separate meeting at a |
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244 | 244 | | later date may not exceed the proposed rate shown below unless the |
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245 | 245 | | district publishes a revised notice containing the same information |
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246 | 246 | | and comparisons set out below and holds another public meeting to |
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247 | 247 | | discuss the revised notice."; |
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248 | 248 | | (2) contain a section entitled "Comparison of Proposed |
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249 | 249 | | Budget with Last Year's Budget," which must show the difference, |
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250 | 250 | | expressed as a percent increase or decrease, as applicable, in the |
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251 | 251 | | amounts budgeted for the preceding fiscal year and the amount |
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252 | 252 | | budgeted for the fiscal year that begins in the current tax year for |
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253 | 253 | | each of the following: |
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254 | 254 | | (A) enrichment [maintenance and operations]; |
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255 | 255 | | (B) debt service; and |
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256 | 256 | | (C) total expenditures; |
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257 | 257 | | (3) contain a section entitled "Total Appraised Value |
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258 | 258 | | and Total Taxable Value," which must show the total appraised value |
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259 | 259 | | and the total taxable value of all property and the total appraised |
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260 | 260 | | value and the total taxable value of new property taxable by the |
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261 | 261 | | district in the preceding tax year and the current tax year as |
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262 | 262 | | calculated under Section 26.04, Tax Code; |
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263 | 263 | | (4) contain a statement of the total amount of the |
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264 | 264 | | outstanding and unpaid bonded indebtedness of the school district; |
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265 | 265 | | (5) contain a section entitled "Comparison of Proposed |
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266 | 266 | | Rates with Last Year's Rates," which must: |
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267 | 267 | | (A) show in rows the tax rates described by |
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268 | 268 | | Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of |
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269 | 269 | | property, for columns entitled "Enrichment," ["Maintenance & |
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270 | 270 | | Operations,"] "Interest & Sinking Fund," and "Total," which is the |
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271 | 271 | | sum of "Enrichment" ["Maintenance & Operations"] and "Interest & |
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272 | 272 | | Sinking Fund": |
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273 | 273 | | (i) the school district's "Last Year's |
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274 | 274 | | Rate"; |
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275 | 275 | | (ii) the "Rate to Maintain Same Level of |
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276 | 276 | | Enrichment [Maintenance & Operations] Revenue & Pay Debt Service," |
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277 | 277 | | which: |
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278 | 278 | | (a) in the case of "Enrichment," |
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279 | 279 | | ["Maintenance & Operations,"] is the tax rate that, when applied to |
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280 | 280 | | the current taxable value for the district, as certified by the |
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281 | 281 | | chief appraiser under Section 26.01, Tax Code, and as adjusted to |
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282 | 282 | | reflect changes made by the chief appraiser as of the time the |
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283 | 283 | | notice is prepared, would impose taxes in an amount that, when added |
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284 | 284 | | to state funds to be distributed to the district under Subchapter E, |
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285 | 285 | | Chapter 48, would provide the same amount of enrichment |
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286 | 286 | | [maintenance and operations] taxes and state funds distributed |
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287 | 287 | | under Subchapter E, Chapter 48, per student in average daily |
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288 | 288 | | attendance for the applicable school year that was available to the |
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289 | 289 | | district in the preceding school year; and |
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290 | 290 | | (b) in the case of "Interest & Sinking |
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291 | 291 | | Fund," is the tax rate that, when applied to the current taxable |
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292 | 292 | | value for the district, as certified by the chief appraiser under |
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293 | 293 | | Section 26.01, Tax Code, and as adjusted to reflect changes made by |
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294 | 294 | | the chief appraiser as of the time the notice is prepared, and when |
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295 | 295 | | multiplied by the district's anticipated collection rate, would |
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296 | 296 | | impose taxes in an amount that, when added to state funds to be |
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297 | 297 | | distributed to the district under Chapter 46 and any excess taxes |
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298 | 298 | | collected to service the district's debt during the preceding tax |
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299 | 299 | | year but not used for that purpose during that year, would provide |
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300 | 300 | | the amount required to service the district's debt; and |
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301 | 301 | | (iii) the "Proposed Rate"; |
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302 | 302 | | (B) contain fourth and fifth columns aligned with |
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303 | 303 | | the columns required by Paragraph (A) that show, for each row |
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304 | 304 | | required by Paragraph (A): |
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305 | 305 | | (i) the "Local Revenue per Student," which |
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306 | 306 | | is computed by multiplying the district's total taxable value of |
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307 | 307 | | property, as certified by the chief appraiser for the applicable |
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308 | 308 | | school year under Section 26.01, Tax Code, and as adjusted to |
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309 | 309 | | reflect changes made by the chief appraiser as of the time the |
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310 | 310 | | notice is prepared, by the total tax rate, and dividing the product |
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311 | 311 | | by the number of students in average daily attendance in the |
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312 | 312 | | district for the applicable school year; and |
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313 | 313 | | (ii) the "State Revenue per Student," which |
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314 | 314 | | is computed by determining the amount of state aid received or to be |
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315 | 315 | | received by the district under Chapters 43, 46, and 48 and dividing |
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316 | 316 | | that amount by the number of students in average daily attendance in |
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317 | 317 | | the district for the applicable school year; and |
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318 | 318 | | (C) contain an asterisk after each calculation |
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319 | 319 | | for "Interest & Sinking Fund" and a footnote to the section that, in |
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320 | 320 | | reduced type, states "The Interest & Sinking Fund tax revenue is |
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321 | 321 | | used to pay for bonded indebtedness on construction, equipment, or |
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322 | 322 | | both. The bonds, and the tax rate necessary to pay those bonds, |
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323 | 323 | | were approved by the voters of this district."; |
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324 | 324 | | (6) contain a section entitled "Comparison of Proposed |
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325 | 325 | | Levy with Last Year's Levy on Average Residence," which must: |
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326 | 326 | | (A) show in rows the information described by |
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327 | 327 | | Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns |
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328 | 328 | | entitled "Last Year" and "This Year": |
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329 | 329 | | (i) "Average Market Value of Residences," |
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330 | 330 | | determined using the same group of residences for each year; |
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331 | 331 | | (ii) "Average Taxable Value of Residences," |
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332 | 332 | | determined after taking into account the limitation on the |
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333 | 333 | | appraised value of residences under Section 23.23, Tax Code, and |
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334 | 334 | | after subtracting all homestead exemptions applicable in each year, |
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335 | 335 | | other than exemptions available only to disabled persons or persons |
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336 | 336 | | 65 years of age or older or their surviving spouses, and using the |
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337 | 337 | | same group of residences for each year; |
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338 | 338 | | (iii) "Last Year's Rate Versus Proposed |
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339 | 339 | | Rate per $100 Value"; and |
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340 | 340 | | (iv) "Taxes Due on Average Residence," |
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341 | 341 | | determined using the same group of residences for each year; and |
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342 | 342 | | (B) contain the following information: "Increase |
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343 | 343 | | (Decrease) in Taxes" expressed in dollars and cents, which is |
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344 | 344 | | computed by subtracting the "Taxes Due on Average Residence" for |
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345 | 345 | | the preceding tax year from the "Taxes Due on Average Residence" for |
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346 | 346 | | the current tax year; |
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347 | 347 | | (7) contain the following statement in bold print: |
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348 | 348 | | "Under state law, the dollar amount of school taxes imposed on the |
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349 | 349 | | residence of a person 65 years of age or older or of the surviving |
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350 | 350 | | spouse of such a person, if the surviving spouse was 55 years of age |
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351 | 351 | | or older when the person died, may not be increased above the amount |
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352 | 352 | | paid in the first year after the person turned 65, regardless of |
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353 | 353 | | changes in tax rate or property value."; and |
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354 | 354 | | (8) [contain the following statement in bold print: |
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355 | 355 | | "Notice of Voter-Approval Rate: The highest tax rate the district |
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356 | 356 | | can adopt before requiring voter approval at an election is (the |
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357 | 357 | | school district voter-approval rate determined under Section |
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358 | 358 | | 26.08, Tax Code). This election will be automatically held if the |
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359 | 359 | | district adopts a rate in excess of the voter-approval rate of (the |
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360 | 360 | | school district voter-approval rate)."; and |
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361 | 361 | | [(9)] contain a section entitled "Fund Balances," |
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362 | 362 | | which must include the estimated amount of interest and sinking |
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363 | 363 | | fund balances and the estimated amount of enrichment [maintenance |
---|
364 | 364 | | and operation] or general fund balances remaining at the end of the |
---|
365 | 365 | | current fiscal year that are not encumbered with or by |
---|
366 | 366 | | corresponding debt obligation, less estimated funds necessary for |
---|
367 | 367 | | the operation of the district before the receipt of the first |
---|
368 | 368 | | payment under Chapter 48 in the succeeding school year. |
---|
369 | 369 | | (c-1) The notice described by Subsection (c) must state in a |
---|
370 | 370 | | distinct row or on a separate or individual line for each of the |
---|
371 | 371 | | following taxes: |
---|
372 | 372 | | (1) the proposed rate of the school district's |
---|
373 | 373 | | enrichment [maintenance] tax described by Section 45.003, under the |
---|
374 | 374 | | heading "Enrichment [Maintenance] Tax"; and |
---|
375 | 375 | | (2) if the school district has issued ad valorem tax |
---|
376 | 376 | | bonds under Section 45.001, the proposed rate of the tax to pay for |
---|
377 | 377 | | the bonds, under the heading "School Debt Service Tax Approved by |
---|
378 | 378 | | Local Voters." |
---|
379 | 379 | | (c-2) The notice described by Subsection (c) must include a |
---|
380 | 380 | | statement that a school district may not increase the district's |
---|
381 | 381 | | enrichment [maintenance and operations] tax rate to create a |
---|
382 | 382 | | surplus in enrichment [maintenance and operations] tax revenue for |
---|
383 | 383 | | the purpose of paying the district's debt service. |
---|
384 | 384 | | (c-3) For the notice required by Subsection (c) for the 2025 |
---|
385 | 385 | | tax year: |
---|
386 | 386 | | (1) the rows required by Subsection (c)(5) entitled |
---|
387 | 387 | | "Last Year's Rate" and the rows required by Subsection (c)(6)(A) |
---|
388 | 388 | | entitled "Last Year's Rate Versus Proposed Rate per $100 Value" and |
---|
389 | 389 | | "Taxes Due on Average Residence" and the item required by |
---|
390 | 390 | | Subsection (c)(6)(B) entitled "Increase (Decrease) in Taxes" must |
---|
391 | 391 | | contain an asterisk and a footnote to that section that, in reduced |
---|
392 | 392 | | type, states "The 87th Legislature eliminated certain school |
---|
393 | 393 | | district maintenance and operations taxes. The tax rate shown as ' |
---|
394 | 394 | | Last Year's Rate' and the 'Taxes Due on Average Residence' for last |
---|
395 | 395 | | year are based on the sum of the interest and sinking fund tax rate |
---|
396 | 396 | | adopted by the district for the 2024 tax year and the rate of any tax |
---|
397 | 397 | | the district imposed for enrichment for that tax year, not the total |
---|
398 | 398 | | tax rate."; and |
---|
399 | 399 | | (2) the computation required by Subsection (c)(6)(B) |
---|
400 | 400 | | shall be made using: |
---|
401 | 401 | | (A) for the 2024 tax year, the sum of the interest |
---|
402 | 402 | | and sinking fund tax rate adopted by the district for that tax year |
---|
403 | 403 | | and the rate of any tax the district imposed for enrichment for that |
---|
404 | 404 | | tax year; and |
---|
405 | 405 | | (B) for the 2025 tax year, the sum of the |
---|
406 | 406 | | district's proposed interest and sinking fund tax rate for that tax |
---|
407 | 407 | | year and the district's proposed enrichment tax rate for that tax |
---|
408 | 408 | | year. |
---|
409 | 409 | | (c-4) Subsection (c-3) and this subsection expire January |
---|
410 | 410 | | 1, 2026. |
---|
411 | 411 | | (i) A school district that uses a certified estimate, as |
---|
412 | 412 | | authorized by Subsection (h), may adopt a budget at the public |
---|
413 | 413 | | meeting designated in the notice prepared using the estimate, but |
---|
414 | 414 | | the district may not adopt a tax rate before the district receives |
---|
415 | 415 | | the certified appraisal roll for the district required by Section |
---|
416 | 416 | | 26.01(a), Tax Code. After receipt of the certified appraisal roll, |
---|
417 | 417 | | the district must publish a revised notice and hold another public |
---|
418 | 418 | | meeting before the district may adopt a tax rate that exceeds[: |
---|
419 | 419 | | [(1)] the rate proposed in the notice prepared using |
---|
420 | 420 | | the estimate[; or |
---|
421 | 421 | | [(2) the district's voter-approval rate determined |
---|
422 | 422 | | under Section 26.08, Tax Code, using the certified appraisal roll]. |
---|
423 | 423 | | SECTION 1.14. The heading to Subchapter A, Chapter 45, |
---|
424 | 424 | | Education Code, is amended to read as follows: |
---|
425 | 425 | | SUBCHAPTER A. TAX BONDS AND ENRICHMENT [MAINTENANCE] TAXES |
---|
426 | 426 | | SECTION 1.15. Section 45.002, Education Code, is amended to |
---|
427 | 427 | | read as follows: |
---|
428 | 428 | | Sec. 45.002. ENRICHMENT [MAINTENANCE] TAXES. The governing |
---|
429 | 429 | | board of an independent school district, including the city council |
---|
430 | 430 | | or commission that has jurisdiction over a municipally controlled |
---|
431 | 431 | | independent school district, the governing board of a rural high |
---|
432 | 432 | | school district, and the commissioners court of a county, on behalf |
---|
433 | 433 | | of each common school district under its jurisdiction, may levy, |
---|
434 | 434 | | assess, and collect annual ad valorem taxes for the enrichment |
---|
435 | 435 | | [further maintenance] of public schools in the district, subject to |
---|
436 | 436 | | Section 45.003. |
---|
437 | 437 | | SECTION 1.16. Section 45.003, Education Code, is amended by |
---|
438 | 438 | | adding Subsections (a-1) and (a-2) and amending Subsection (d) to |
---|
439 | 439 | | read as follows: |
---|
440 | 440 | | (a-1) The governing board or commissioners court may levy |
---|
441 | 441 | | the tax described by Section 45.002 at a rate of $0.05 or less per |
---|
442 | 442 | | $100 of taxable value without an election. |
---|
443 | 443 | | (a-2) A governing board or commissioners court that, for the |
---|
444 | 444 | | 2024 tax year, levied an enrichment tax at a rate in excess of $0.05 |
---|
445 | 445 | | per $100 of taxable value may continue to levy the tax at a rate that |
---|
446 | 446 | | does not exceed that rate without an election. |
---|
447 | 447 | | (d) A proposition submitted to authorize the levy of |
---|
448 | 448 | | enrichment [maintenance] taxes must include the question of whether |
---|
449 | 449 | | the governing board or commissioners court may levy, assess, and |
---|
450 | 450 | | collect annual ad valorem taxes for the enrichment [further |
---|
451 | 451 | | maintenance] of public schools, at a rate not to exceed the rate |
---|
452 | 452 | | stated in the proposition. For any year, the enrichment |
---|
453 | 453 | | [maintenance] tax rate adopted by the district may not exceed $0.17 |
---|
454 | 454 | | per $100 of taxable value [adopted by the district may not exceed |
---|
455 | 455 | | the rate equal to the sum of $0.17 and the district's maximum |
---|
456 | 456 | | compressed rate, as determined under Section 48.2551]. |
---|
457 | 457 | | SECTION 1.17. Sections 45.006(b), (c), (d), (e), and (f), |
---|
458 | 458 | | Education Code, are amended to read as follows: |
---|
459 | 459 | | (b) A [Notwithstanding Section 45.003, a] school district |
---|
460 | 460 | | may levy, assess, and collect maintenance taxes [at a rate that |
---|
461 | 461 | | exceeds $1.50 per $100 valuation of taxable property] if: |
---|
462 | 462 | | (1) the [additional ad valorem] taxes are necessary to |
---|
463 | 463 | | pay a debt of the district that: |
---|
464 | 464 | | (A) resulted from the rendition of a judgment |
---|
465 | 465 | | against the district before May 1, 1995; |
---|
466 | 466 | | (B) is greater than $5 million; |
---|
467 | 467 | | (C) decreases a property owner's ad valorem tax |
---|
468 | 468 | | liability; |
---|
469 | 469 | | (D) requires the district to refund to the |
---|
470 | 470 | | property owner the difference between the amount of taxes paid by |
---|
471 | 471 | | the property owner and the amount of taxes for which the property |
---|
472 | 472 | | owner is liable; and |
---|
473 | 473 | | (E) is payable according to the judgment in more |
---|
474 | 474 | | than one of the district's fiscal years; and |
---|
475 | 475 | | (2) the [additional] taxes are: |
---|
476 | 476 | | (A) imposed at a rate that, when added to the rate |
---|
477 | 477 | | of any ad valorem tax imposed by the district under Section 45.002 |
---|
478 | 478 | | or 45.007, produces a rate that does not exceed $0.17 per $100 of |
---|
479 | 479 | | taxable value; and |
---|
480 | 480 | | (B) approved by the voters of the district at an |
---|
481 | 481 | | election held for that purpose. |
---|
482 | 482 | | (c) Except as provided by Subsection (e), any [additional] |
---|
483 | 483 | | maintenance taxes that the district collects under this section may |
---|
484 | 484 | | be used only to pay the district's debt under Subsection (b)(1). |
---|
485 | 485 | | (d) Except as provided by Subsection (e), the authority of a |
---|
486 | 486 | | school district to levy the [additional] ad valorem taxes under |
---|
487 | 487 | | this section expires when the judgment against the district is |
---|
488 | 488 | | paid. |
---|
489 | 489 | | (e) The governing body of a school district shall pay the |
---|
490 | 490 | | district's debt under Subsection (b)(1) in a lump sum. To satisfy |
---|
491 | 491 | | the district's debt under Subsection (b)(1), the governing body may |
---|
492 | 492 | | levy and collect [additional] maintenance taxes as provided by |
---|
493 | 493 | | Subsection (b) and may issue bonds. If bonds are issued: |
---|
494 | 494 | | (1) the district may use any [additional] maintenance |
---|
495 | 495 | | taxes collected by the district under this section to pay debt |
---|
496 | 496 | | service on the bonds; and |
---|
497 | 497 | | (2) the authority of the district to levy the |
---|
498 | 498 | | [additional] ad valorem taxes expires when the bonds are paid in |
---|
499 | 499 | | full or the judgment is paid, whichever occurs later. |
---|
500 | 500 | | (f) The governing body of a school district that adopts a |
---|
501 | 501 | | tax rate under this section [that exceeds $1.50 per $100 valuation |
---|
502 | 502 | | of taxable property] may set the amount of the exemption from |
---|
503 | 503 | | taxation authorized by Section 11.13(n), Tax Code, at any time |
---|
504 | 504 | | before the date the governing body adopts the district's tax rate |
---|
505 | 505 | | for the tax year in which the election approving the [additional] |
---|
506 | 506 | | taxes is held. |
---|
507 | 507 | | SECTION 1.18. Subchapter A, Chapter 45, Education Code, is |
---|
508 | 508 | | amended by adding Section 45.007 to read as follows: |
---|
509 | 509 | | Sec. 45.007. AD VALOREM TAX FOR JUNIOR COLLEGE PURPOSES IN |
---|
510 | 510 | | CERTAIN SCHOOL DISTRICTS. (a) This section applies only to an |
---|
511 | 511 | | independent school district in a county with a population of more |
---|
512 | 512 | | than two million. |
---|
513 | 513 | | (b) Subject to Subsection (e), the governing body of an |
---|
514 | 514 | | independent school district that governs a junior college district |
---|
515 | 515 | | under Subchapter B, Chapter 130, may impose an ad valorem tax at a |
---|
516 | 516 | | rate not to exceed $0.05 on the $100 valuation of taxable property |
---|
517 | 517 | | in the district for the use of the junior college district for |
---|
518 | 518 | | facilities and equipment or for the maintenance and operating |
---|
519 | 519 | | expenses of the junior college district. |
---|
520 | 520 | | (c) All real property purchased with proceeds of a tax |
---|
521 | 521 | | imposed under this section or with funds dedicated under Section |
---|
522 | 522 | | 45.105(e) as that section existed January 1, 2024, is the property |
---|
523 | 523 | | of the school district but is subject to the exclusive control of |
---|
524 | 524 | | the governing body of the junior college district for as long as the |
---|
525 | 525 | | junior college district uses the property for educational purposes. |
---|
526 | 526 | | (d) An independent school district that, under Section |
---|
527 | 527 | | 45.105(e) as that section existed January 1, 2024, dedicated a |
---|
528 | 528 | | specific percentage of the school district's tax levy to the use of |
---|
529 | 529 | | a junior college district governed by the school district for |
---|
530 | 530 | | facilities and equipment or for the maintenance and operating |
---|
531 | 531 | | expenses of the junior college district is not required to hold an |
---|
532 | 532 | | election to impose a tax under this section. |
---|
533 | 533 | | (e) The tax authorized under this section may not be imposed |
---|
534 | 534 | | at a rate that, when added to the rate of any ad valorem tax imposed |
---|
535 | 535 | | by the district under Section 45.002 or 45.006, produces a rate that |
---|
536 | 536 | | exceeds $0.17 per $100 of taxable value. |
---|
537 | 537 | | SECTION 1.19. Section 45.104(a), Education Code, is amended |
---|
538 | 538 | | to read as follows: |
---|
539 | 539 | | (a) The board of trustees of any school district may pledge |
---|
540 | 540 | | its delinquent taxes levied for maintenance purposes for specific |
---|
541 | 541 | | past[, current, and future] school years or levied for enrichment |
---|
542 | 542 | | purposes for specific past, current, and future school years as |
---|
543 | 543 | | security for a loan, and may evidence any such loan with negotiable |
---|
544 | 544 | | notes, and the delinquent taxes pledged shall be applied against |
---|
545 | 545 | | the principal and interest of the loan. Negotiable notes issued |
---|
546 | 546 | | under this subsection must mature not more than 20 years from their |
---|
547 | 547 | | date. |
---|
548 | 548 | | SECTION 1.20. Section 45.108(a), Education Code, is amended |
---|
549 | 549 | | to read as follows: |
---|
550 | 550 | | (a) Independent or consolidated school districts may borrow |
---|
551 | 551 | | money for the purpose of paying maintenance expenses and may |
---|
552 | 552 | | evidence those loans with negotiable or nonnegotiable notes, except |
---|
553 | 553 | | that the loans may not at any time exceed 75 percent of the previous |
---|
554 | 554 | | year's income. The notes may be payable from and secured by a lien |
---|
555 | 555 | | on and pledge of any available funds of the district[, including |
---|
556 | 556 | | proceeds of a maintenance tax]. The term "maintenance expenses" or |
---|
557 | 557 | | "maintenance expenditures" as used in this section means any lawful |
---|
558 | 558 | | expenditure of the school district other than payment of principal |
---|
559 | 559 | | of and interest on bonds. The term includes expenditures relating |
---|
560 | 560 | | to notes issued to refund notes previously issued under this |
---|
561 | 561 | | section if the refunding notes are coterminous with the refunded |
---|
562 | 562 | | obligation. The term also includes all costs incurred in connection |
---|
563 | 563 | | with environmental cleanup and asbestos cleanup and removal |
---|
564 | 564 | | programs implemented by school districts or in connection with the |
---|
565 | 565 | | maintenance, repair, rehabilitation, or replacement of heating, |
---|
566 | 566 | | air conditioning, water, sanitation, roofing, flooring, electric, |
---|
567 | 567 | | or other building systems of existing school properties. Notes |
---|
568 | 568 | | issued pursuant to this section may be issued to mature in not more |
---|
569 | 569 | | than 20 years from their date. Notes issued for a term longer than |
---|
570 | 570 | | one year must be treated as "debt" as defined in Section 26.012(7), |
---|
571 | 571 | | Tax Code. |
---|
572 | 572 | | SECTION 1.21. Section 45.109(c), Education Code, is amended |
---|
573 | 573 | | to read as follows: |
---|
574 | 574 | | (c) The consideration for a contract under this section may |
---|
575 | 575 | | be paid from any source available to the independent school |
---|
576 | 576 | | district. [If voted as provided by this section, the district may |
---|
577 | 577 | | pledge to the payment of the contract an annual maintenance tax in |
---|
578 | 578 | | an amount sufficient, without limitation, to provide all of the |
---|
579 | 579 | | consideration. If voted and pledged, the maintenance tax shall be |
---|
580 | 580 | | assessed, levied, and collected annually in the same manner as |
---|
581 | 581 | | provided by general law applicable to independent school districts |
---|
582 | 582 | | for other maintenance taxes.] |
---|
583 | 583 | | SECTION 1.22. Section 45.156(c), Education Code, is amended |
---|
584 | 584 | | to read as follows: |
---|
585 | 585 | | (c) The consideration payable by the district under a |
---|
586 | 586 | | contract may be paid from any source available to the district. [If |
---|
587 | 587 | | voted, the district may pledge to the payment of the contract an |
---|
588 | 588 | | annual maintenance tax in an amount sufficient, without limitation, |
---|
589 | 589 | | to provide all or part of the consideration. If voted and pledged, |
---|
590 | 590 | | the maintenance tax shall be assessed, levied, and collected |
---|
591 | 591 | | annually in the same manner as provided by general law applicable to |
---|
592 | 592 | | independent school districts for other maintenance taxes. A |
---|
593 | 593 | | maintenance tax may not be pledged to the payment of any contract or |
---|
594 | 594 | | assessed, levied, or collected unless an election is held in the |
---|
595 | 595 | | district, and the maintenance tax for that purpose is favorably |
---|
596 | 596 | | voted by a majority of the qualified voters of the district. The |
---|
597 | 597 | | election order for an election under this subsection must include |
---|
598 | 598 | | the polling place or places and any other matters considered |
---|
599 | 599 | | advisable by the board of trustees.] |
---|
600 | 600 | | SECTION 1.23. Section 45.251(2), Education Code, is amended |
---|
601 | 601 | | to read as follows: |
---|
602 | 602 | | (2) "Foundation School Program" means the program |
---|
603 | 603 | | established under Chapters 46 and[,] 48, [and 49,] or any successor |
---|
604 | 604 | | program of state appropriated funding for school districts in this |
---|
605 | 605 | | state. |
---|
606 | 606 | | SECTION 1.24. Sections 45.261(a) and (e), Education Code, |
---|
607 | 607 | | are amended to read as follows: |
---|
608 | 608 | | (a) If the commissioner orders payment from the money |
---|
609 | 609 | | appropriated to the Foundation School Program on behalf of a school |
---|
610 | 610 | | district [that is not required to reduce its local revenue level |
---|
611 | 611 | | under Section 48.257], the commissioner shall direct the |
---|
612 | 612 | | comptroller to withhold the amount paid from the first state money |
---|
613 | 613 | | payable to the district. [If the commissioner orders payment from |
---|
614 | 614 | | the money appropriated to the Foundation School Program on behalf |
---|
615 | 615 | | of a school district that is required to reduce its local revenue |
---|
616 | 616 | | level under Section 48.257, the commissioner shall increase amounts |
---|
617 | 617 | | due from the district under Chapter 49 in a total amount equal to |
---|
618 | 618 | | the amount of payments made on behalf of the district under this |
---|
619 | 619 | | subchapter.] Amounts withheld [or received] under this subsection |
---|
620 | 620 | | shall be used for the Foundation School Program. |
---|
621 | 621 | | (e) Any part of a school district's tax rate attributable to |
---|
622 | 622 | | producing revenue for purposes of Subsection (c)(1) is considered |
---|
623 | 623 | | part of the district's[: |
---|
624 | 624 | | [(1) current debt rate for purposes of computing a |
---|
625 | 625 | | voter-approval tax rate under Section 26.08, Tax Code; and |
---|
626 | 626 | | [(2)] interest and sinking fund tax rate. |
---|
627 | 627 | | SECTION 1.25. Section 46.003(d), Education Code, is amended |
---|
628 | 628 | | to read as follows: |
---|
629 | 629 | | (d) The amount budgeted by a district for payment of |
---|
630 | 630 | | eligible bonds may include: |
---|
631 | 631 | | (1) bond taxes collected in the current school year; |
---|
632 | 632 | | (2) bond taxes collected in a preceding school year in |
---|
633 | 633 | | excess of the amount necessary to pay the district's share of actual |
---|
634 | 634 | | debt service on bonds in that year, provided that the taxes were not |
---|
635 | 635 | | used to generate other state financial assistance for the district; |
---|
636 | 636 | | [or] |
---|
637 | 637 | | (3) enrichment [maintenance and operations] taxes |
---|
638 | 638 | | collected in the current school year or a preceding school year in |
---|
639 | 639 | | excess of the amount eligible to be used to generate other state |
---|
640 | 640 | | financial assistance for the district; or |
---|
641 | 641 | | (4) maintenance and operations taxes collected in a |
---|
642 | 642 | | preceding school year in excess of the amount eligible to be used to |
---|
643 | 643 | | generate other state financial assistance for the district. |
---|
644 | 644 | | SECTION 1.26. Section 46.004(a), Education Code, is amended |
---|
645 | 645 | | to read as follows: |
---|
646 | 646 | | (a) A district may receive state assistance in connection |
---|
647 | 647 | | with a lease-purchase agreement concerning an instructional |
---|
648 | 648 | | facility. For purposes of this subchapter: |
---|
649 | 649 | | (1) taxes levied for purposes of enrichment |
---|
650 | 650 | | [maintenance and operations] that are necessary to pay a district's |
---|
651 | 651 | | share of the payments under a lease-purchase agreement for which |
---|
652 | 652 | | the district receives state assistance under this subchapter are |
---|
653 | 653 | | considered to be bond taxes; and |
---|
654 | 654 | | (2) payments under a lease-purchase agreement are |
---|
655 | 655 | | considered to be payments of principal of and interest on bonds. |
---|
656 | 656 | | SECTION 1.27. Section 46.032(c), Education Code, is amended |
---|
657 | 657 | | to read as follows: |
---|
658 | 658 | | (c) The amount budgeted by a district for payment of |
---|
659 | 659 | | eligible bonds may include: |
---|
660 | 660 | | (1) bond taxes collected in the current school year; |
---|
661 | 661 | | (2) bond taxes collected in a preceding school year in |
---|
662 | 662 | | excess of the amount necessary to pay the district's share of actual |
---|
663 | 663 | | debt service on bonds in that year, provided that the taxes were not |
---|
664 | 664 | | used to generate other state financial assistance for the district; |
---|
665 | 665 | | [or] |
---|
666 | 666 | | (3) enrichment [maintenance and operations] taxes |
---|
667 | 667 | | collected in the current school year or a preceding school year in |
---|
668 | 668 | | excess of the amount eligible to be used to generate other state |
---|
669 | 669 | | financial assistance for the district; or |
---|
670 | 670 | | (4) maintenance and operations taxes collected in a |
---|
671 | 671 | | preceding school year in excess of the amount eligible to be used to |
---|
672 | 672 | | generate other state financial assistance for the district. |
---|
673 | 673 | | SECTION 1.28. Section 47.003, Education Code, is amended to |
---|
674 | 674 | | read as follows: |
---|
675 | 675 | | Sec. 47.003. USES OF FUND. Except as otherwise provided by |
---|
676 | 676 | | this chapter, money in the fund may be appropriated only[: |
---|
677 | 677 | | [(1)] to pay the cost of tier one allotments under |
---|
678 | 678 | | Chapter 48[; or |
---|
679 | 679 | | [(2) for the purpose of reducing school district |
---|
680 | 680 | | maintenance and operations ad valorem tax rates]. |
---|
681 | 681 | | SECTION 1.29. Section 48.010(b), Education Code, is amended |
---|
682 | 682 | | to read as follows: |
---|
683 | 683 | | (b) In making the determinations regarding funding levels |
---|
684 | 684 | | required by Subsection (a), the commissioner shall: |
---|
685 | 685 | | (1) make adjustments as necessary to reflect changes |
---|
686 | 686 | | in a school district's enrichment [maintenance and operations] tax |
---|
687 | 687 | | rate; and |
---|
688 | 688 | | (2) [for a district required to reduce its local |
---|
689 | 689 | | revenue level under Section 48.257, base the determinations on the |
---|
690 | 690 | | district's net funding levels after deducting any amounts required |
---|
691 | 691 | | to be expended by the district to comply with Chapter 49; and |
---|
692 | 692 | | [(3)] determine a district's weighted average daily |
---|
693 | 693 | | attendance in accordance with this chapter as it existed on January |
---|
694 | 694 | | 1, 2011. |
---|
695 | 695 | | SECTION 1.30. Section 48.051(a), Education Code, is amended |
---|
696 | 696 | | to read as follows: |
---|
697 | 697 | | (a) For each student in average daily attendance, not |
---|
698 | 698 | | including the time students spend each day in special education |
---|
699 | 699 | | programs in an instructional arrangement other than mainstream or |
---|
700 | 700 | | career and technology education programs, for which an additional |
---|
701 | 701 | | allotment is made under Subchapter C, a district is entitled to an |
---|
702 | 702 | | allotment equal to [the lesser of] $6,160 [or the amount that |
---|
703 | 703 | | results from the following formula: |
---|
704 | 704 | | [A = $6,160 X TR/MCR |
---|
705 | 705 | | [where: |
---|
706 | 706 | | ["A" is the allotment to which a district is entitled; |
---|
707 | 707 | | ["TR" is the district's tier one maintenance and operations |
---|
708 | 708 | | tax rate, as provided by Section 45.0032; and |
---|
709 | 709 | | ["MCR" is the district's maximum compressed tax rate, as |
---|
710 | 710 | | determined under Section 48.2551]. |
---|
711 | 711 | | SECTION 1.31. Section 48.053(b), Education Code, is amended |
---|
712 | 712 | | to read as follows: |
---|
713 | 713 | | (b) For each student who resides in this state and is |
---|
714 | 714 | | enrolled in the district, a school district to which this section |
---|
715 | 715 | | applies is entitled to funding under this chapter [as if the |
---|
716 | 716 | | district had no tier one local share for purposes of Section |
---|
717 | 717 | | 48.256]. |
---|
718 | 718 | | SECTION 1.32. Section 42.168, Education Code, as added by |
---|
719 | 719 | | Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular |
---|
720 | 720 | | Session, 2019, is transferred to Subchapter C, Chapter 48, |
---|
721 | 721 | | Education Code, redesignated as Section 48.115, Education Code, and |
---|
722 | 722 | | amended to read as follows: |
---|
723 | 723 | | Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From |
---|
724 | 724 | | funds appropriated for that purpose, the commissioner shall provide |
---|
725 | 725 | | to a school district an annual allotment in the amount provided by |
---|
726 | 726 | | appropriation for each student in average daily attendance. |
---|
727 | 727 | | (b) Funds allocated under this section must be used to |
---|
728 | 728 | | improve school safety and security, including costs associated |
---|
729 | 729 | | with: |
---|
730 | 730 | | (1) securing school facilities, including: |
---|
731 | 731 | | (A) improvements to school infrastructure; |
---|
732 | 732 | | (B) the use or installation of physical barriers; |
---|
733 | 733 | | and |
---|
734 | 734 | | (C) the purchase and maintenance of: |
---|
735 | 735 | | (i) security cameras or other security |
---|
736 | 736 | | equipment; and |
---|
737 | 737 | | (ii) technology, including communications |
---|
738 | 738 | | systems or devices, that facilitates communication and information |
---|
739 | 739 | | sharing between students, school personnel, and first responders in |
---|
740 | 740 | | an emergency; |
---|
741 | 741 | | (2) providing security for the district, including: |
---|
742 | 742 | | (A) employing school district peace officers, |
---|
743 | 743 | | private security officers, and school marshals; and |
---|
744 | 744 | | (B) collaborating with local law enforcement |
---|
745 | 745 | | agencies, such as entering into a memorandum of understanding for |
---|
746 | 746 | | the assignment of school resource officers to schools in the |
---|
747 | 747 | | district; |
---|
748 | 748 | | (3) school safety and security training and planning, |
---|
749 | 749 | | including: |
---|
750 | 750 | | (A) active shooter and emergency response |
---|
751 | 751 | | training; |
---|
752 | 752 | | (B) prevention and treatment programs relating |
---|
753 | 753 | | to addressing adverse childhood experiences; and |
---|
754 | 754 | | (C) the prevention, identification, and |
---|
755 | 755 | | management of emergencies and threats, including: |
---|
756 | 756 | | (i) providing mental health personnel and |
---|
757 | 757 | | support; |
---|
758 | 758 | | (ii) providing behavioral health services; |
---|
759 | 759 | | and |
---|
760 | 760 | | (iii) establishing threat reporting |
---|
761 | 761 | | systems; and |
---|
762 | 762 | | (4) providing programs related to suicide prevention, |
---|
763 | 763 | | intervention, and postvention. |
---|
764 | 764 | | (c) A school district may use funds allocated under this |
---|
765 | 765 | | section for equipment or software that is used for a school safety |
---|
766 | 766 | | and security purpose and an instructional purpose, provided that |
---|
767 | 767 | | the instructional use does not compromise the safety and security |
---|
768 | 768 | | purpose of the equipment or software. |
---|
769 | 769 | | (d) [A school district that is required to take action under |
---|
770 | 770 | | Chapter 41 to reduce its wealth per student to the equalized wealth |
---|
771 | 771 | | level is entitled to a credit, in the amount of the allotments to |
---|
772 | 772 | | which the district is to receive as provided by appropriation, |
---|
773 | 773 | | against the total amount required under Section 41.093 for the |
---|
774 | 774 | | district to purchase attendance credits. |
---|
775 | 775 | | [(e)] The commissioner may adopt rules to implement this |
---|
776 | 776 | | section. |
---|
777 | 777 | | SECTION 1.33. Section 48.202, Education Code, is amended by |
---|
778 | 778 | | amending Subsections (a), (a-1), (b), and (d) and adding Subsection |
---|
779 | 779 | | (b-1) to read as follows: |
---|
780 | 780 | | (a) Each school district is guaranteed a specified amount |
---|
781 | 781 | | per weighted student in state and local funds for each cent of tax |
---|
782 | 782 | | effort [over that required for the district's local fund |
---|
783 | 783 | | assignment] up to the maximum level specified in this subchapter. |
---|
784 | 784 | | The amount of state support, subject only to the maximum amount |
---|
785 | 785 | | under Section 48.203, is determined by the formula: |
---|
786 | 786 | | GYA = (GL X WADA X DTR X 100) - LR |
---|
787 | 787 | | where: |
---|
788 | 788 | | "GYA" is the guaranteed yield amount of state funds to be |
---|
789 | 789 | | allocated to the district; |
---|
790 | 790 | | "GL" is the dollar amount guaranteed level of state and local |
---|
791 | 791 | | funds per weighted student per cent of tax effort, which is an |
---|
792 | 792 | | amount described by Subsection (a-1) or a greater amount for any |
---|
793 | 793 | | year provided by appropriation; |
---|
794 | 794 | | "WADA" is the number of students in weighted average daily |
---|
795 | 795 | | attendance, which is calculated by dividing the sum of the school |
---|
796 | 796 | | district's allotments under Subchapters B and C by the basic |
---|
797 | 797 | | allotment for the applicable year; |
---|
798 | 798 | | "DTR" is the district enrichment tax rate of the school |
---|
799 | 799 | | district, which is determined by subtracting the amounts specified |
---|
800 | 800 | | by Subsection (b) from the total amount of enrichment [maintenance |
---|
801 | 801 | | and operations] taxes collected by the school district for the |
---|
802 | 802 | | applicable school year and dividing the difference by the quotient |
---|
803 | 803 | | of the district's taxable value of property as determined under |
---|
804 | 804 | | Subchapter M, Chapter 403, Government Code, or, if applicable, |
---|
805 | 805 | | under Section 48.258 or by the quotient of the value [of "DPV" as] |
---|
806 | 806 | | determined under Subsection (b-1) [Section 48.256(d)] if that |
---|
807 | 807 | | subsection applies to the district, divided by 100; and |
---|
808 | 808 | | "LR" is the local revenue, which is determined by multiplying |
---|
809 | 809 | | "DTR" by the quotient of the district's taxable value of property as |
---|
810 | 810 | | determined under Subchapter M, Chapter 403, Government Code, or, if |
---|
811 | 811 | | applicable, under Section 48.258 or by the quotient of the value [of |
---|
812 | 812 | | "DPV" as] determined under Subsection (b-1) [Section 48.256(d)] if |
---|
813 | 813 | | that subsection applies to the district, divided by 100. |
---|
814 | 814 | | (a-1) For purposes of Subsection (a), the dollar amount |
---|
815 | 815 | | guaranteed level of state and local funds per weighted student per |
---|
816 | 816 | | cent of tax effort ("GL") for a school district is: |
---|
817 | 817 | | (1) the greater of the amount of district tax revenue |
---|
818 | 818 | | per weighted student per cent of tax effort available to a school |
---|
819 | 819 | | district at the 96th percentile of wealth per weighted student or |
---|
820 | 820 | | the amount that results from multiplying $6,160, or the greater |
---|
821 | 821 | | amount provided under Section 48.051(b), if applicable, by 0.016, |
---|
822 | 822 | | for the first eight cents of [by which] the district's enrichment |
---|
823 | 823 | | [maintenance and operations] tax rate [exceeds the district's tier |
---|
824 | 824 | | one tax rate]; and |
---|
825 | 825 | | (2) [subject to Subsection (f),] the amount that |
---|
826 | 826 | | results from multiplying $6,160, or the greater amount provided |
---|
827 | 827 | | under Section 48.051(b), if applicable, by 0.008, for the |
---|
828 | 828 | | district's enrichment [maintenance and operations] tax effort that |
---|
829 | 829 | | exceeds the amount of tax effort described by Subdivision (1). |
---|
830 | 830 | | (b) In computing the district enrichment tax rate of a |
---|
831 | 831 | | school district, the total amount of enrichment [maintenance and |
---|
832 | 832 | | operations] taxes collected by the school district does not include |
---|
833 | 833 | | the amount of[: |
---|
834 | 834 | | [(1) the district's local fund assignment under |
---|
835 | 835 | | Section 48.256; or |
---|
836 | 836 | | [(2)] taxes paid into a tax increment fund under |
---|
837 | 837 | | Chapter 311, Tax Code. |
---|
838 | 838 | | (b-1) This subsection applies to a school district in which |
---|
839 | 839 | | the board of trustees entered into a written agreement with a |
---|
840 | 840 | | property owner under Section 313.027, Tax Code, for the |
---|
841 | 841 | | implementation of a limitation on appraised value under Subchapter |
---|
842 | 842 | | B or C, Chapter 313, Tax Code. For purposes of determining "DTR" or |
---|
843 | 843 | | "LR" under Subsection (a) for a school district to which this |
---|
844 | 844 | | subsection applies, the commissioner shall exclude from the |
---|
845 | 845 | | district's taxable value of property as determined under Subchapter |
---|
846 | 846 | | M, Chapter 403, Government Code, or, if applicable, under Section |
---|
847 | 847 | | 48.258 a portion of the market value of property not otherwise fully |
---|
848 | 848 | | taxable by the district under Subchapter B or C, Chapter 313, Tax |
---|
849 | 849 | | Code, before the expiration of the subchapter. The comptroller |
---|
850 | 850 | | shall provide information to the agency necessary for this |
---|
851 | 851 | | subsection. A revenue protection payment required as part of an |
---|
852 | 852 | | agreement for a limitation on appraised value shall be based on the |
---|
853 | 853 | | district's taxable value of property for the preceding tax year. |
---|
854 | 854 | | (d) For purposes of this section, the total amount of |
---|
855 | 855 | | enrichment [maintenance and operations] taxes collected for an |
---|
856 | 856 | | applicable school year by a school district with alternate tax |
---|
857 | 857 | | dates, as authorized by Section 26.135, Tax Code, is the amount of |
---|
858 | 858 | | enrichment taxes collected on or after January 1 of the year in |
---|
859 | 859 | | which the school year begins and not later than December 31 of the |
---|
860 | 860 | | same year. |
---|
861 | 861 | | SECTION 1.34. Section 48.203, Education Code, is amended to |
---|
862 | 862 | | read as follows: |
---|
863 | 863 | | Sec. 48.203. LIMITATION ON ENRICHMENT TAX RATE. The |
---|
864 | 864 | | district enrichment tax rate ("DTR") under Section 48.202 may not |
---|
865 | 865 | | exceed $0.17 [the amount] per $100 of valuation [by which the |
---|
866 | 866 | | maximum rate permitted under Section 45.003 exceeds the rate used |
---|
867 | 867 | | to determine the district's local share under Section 48.256, or a |
---|
868 | 868 | | greater amount for any year provided by appropriation]. |
---|
869 | 869 | | SECTION 1.35. Section 48.251(c), Education Code, is amended |
---|
870 | 870 | | to read as follows: |
---|
871 | 871 | | (c) The program shall be financed by: |
---|
872 | 872 | | (1) state available school funds distributed in |
---|
873 | 873 | | accordance with the law; |
---|
874 | 874 | | (2) ad valorem tax revenue generated by local school |
---|
875 | 875 | | district effort as provided by Subchapter E; and |
---|
876 | 876 | | (3) state funds appropriated for the purposes of |
---|
877 | 877 | | public school education and allocated to each district in an amount |
---|
878 | 878 | | sufficient to finance the cost of each district's Foundation School |
---|
879 | 879 | | Program not covered by other funds specified in this subsection. |
---|
880 | 880 | | SECTION 1.36. Section 48.252(b), Education Code, is amended |
---|
881 | 881 | | to read as follows: |
---|
882 | 882 | | (b) Notwithstanding any other provision of this chapter [or |
---|
883 | 883 | | Chapter 49], a school district subject to this section is entitled |
---|
884 | 884 | | to receive for each student in average daily attendance at the |
---|
885 | 885 | | campus or program described by Subsection (a) an amount equivalent |
---|
886 | 886 | | to the difference, if the difference results in increased funding, |
---|
887 | 887 | | between: |
---|
888 | 888 | | (1) the amount described by Section 12.106; and |
---|
889 | 889 | | (2) the amount to which the district would be entitled |
---|
890 | 890 | | under this chapter. |
---|
891 | 891 | | SECTION 1.37. Section 48.254, Education Code, is amended to |
---|
892 | 892 | | read as follows: |
---|
893 | 893 | | Sec. 48.254. ADDITIONAL STATE AID FOR AD VALOREM TAX |
---|
894 | 894 | | CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. For each school |
---|
895 | 895 | | year, a school district[, including a school district that is |
---|
896 | 896 | | otherwise ineligible for state aid under this chapter,] is entitled |
---|
897 | 897 | | to state aid in an amount equal to the amount of all tax credits |
---|
898 | 898 | | credited against ad valorem taxes of the district in that year under |
---|
899 | 899 | | former Subchapter D, Chapter 313, Tax Code. |
---|
900 | 900 | | SECTION 1.38. Section 48.258(a), Education Code, is amended |
---|
901 | 901 | | to read as follows: |
---|
902 | 902 | | (a) For purposes of Chapter [Chapters] 46 [and 49] and this |
---|
903 | 903 | | chapter, and to the extent money specifically authorized to be used |
---|
904 | 904 | | under this section is available, the commissioner shall adjust the |
---|
905 | 905 | | taxable value of property in a school district that, due to factors |
---|
906 | 906 | | beyond the control of the board of trustees, experiences a rapid |
---|
907 | 907 | | decline in the tax base used in calculating taxable values in excess |
---|
908 | 908 | | of four percent of the tax base used in the preceding year. |
---|
909 | 909 | | SECTION 1.39. Section 48.259(e), Education Code, is amended |
---|
910 | 910 | | to read as follows: |
---|
911 | 911 | | (e) The commissioner shall notify school districts as soon |
---|
912 | 912 | | as practicable as to the availability of funds under this section. |
---|
913 | 913 | | [For purposes of computing a voter-approval tax rate under Section |
---|
914 | 914 | | 26.08, Tax Code, a district shall adjust the district's tax rate |
---|
915 | 915 | | limit to reflect assistance received under this section.] |
---|
916 | 916 | | SECTION 1.40. Section 48.260(a), Education Code, is amended |
---|
917 | 917 | | to read as follows: |
---|
918 | 918 | | (a) For purposes of Chapter [Chapters] 46 [and 49] and this |
---|
919 | 919 | | chapter, the commissioner shall adjust the taxable value of |
---|
920 | 920 | | property of a school district all or part of which is located in an |
---|
921 | 921 | | area declared a disaster area by the governor under Chapter 418, |
---|
922 | 922 | | Government Code, as necessary to ensure that the district receives |
---|
923 | 923 | | funding based as soon as possible on property values as affected by |
---|
924 | 924 | | the disaster. |
---|
925 | 925 | | SECTION 1.41. Sections 48.266(a), (c), and (f), Education |
---|
926 | 926 | | Code, are amended to read as follows: |
---|
927 | 927 | | (a) For each school year the commissioner shall determine: |
---|
928 | 928 | | (1) the amount of money to which a school district is |
---|
929 | 929 | | entitled under Subchapters B, C, and D; |
---|
930 | 930 | | (2) the amount of money to which a school district is |
---|
931 | 931 | | entitled under Subchapter E; |
---|
932 | 932 | | (3) the amount of money allocated to the district from |
---|
933 | 933 | | the available school fund; and |
---|
934 | 934 | | (4) [the amount of each district's tier one local share |
---|
935 | 935 | | under Section 48.256; and |
---|
936 | 936 | | [(5)] the amount of each district's tier two local |
---|
937 | 937 | | share under Section 48.202 for: |
---|
938 | 938 | | (A) the district's enrichment [maintenance and |
---|
939 | 939 | | operations] tax effort described by Section 48.202(a-1)(1); and |
---|
940 | 940 | | (B) the district's enrichment [maintenance and |
---|
941 | 941 | | operations] tax effort described by Section 48.202(a-1)(2). |
---|
942 | 942 | | (c) Each school district is entitled to an amount equal to |
---|
943 | 943 | | the difference for that district between the sum of Subsections |
---|
944 | 944 | | (a)(1) and (a)(2) and the sum of Subsections (a)(3) and[,] (a)(4)[, |
---|
945 | 945 | | and (a)(5)]. |
---|
946 | 946 | | (f) If the amount appropriated for the Foundation School |
---|
947 | 947 | | Program for the second year of a state fiscal biennium is less than |
---|
948 | 948 | | the amount to which school districts and open-enrollment charter |
---|
949 | 949 | | schools are entitled for that year, the commissioner shall certify |
---|
950 | 950 | | the amount of the difference to the Legislative Budget Board not |
---|
951 | 951 | | later than January 1 of the second year of the state fiscal |
---|
952 | 952 | | biennium. The Legislative Budget Board shall propose to the |
---|
953 | 953 | | legislature that the certified amount be transferred to the |
---|
954 | 954 | | foundation school fund from the economic stabilization fund and |
---|
955 | 955 | | appropriated for the purpose of increases in allocations under this |
---|
956 | 956 | | subsection. If the legislature fails during the regular session to |
---|
957 | 957 | | enact the proposed transfer and appropriation and there are not |
---|
958 | 958 | | funds available under Subsection (h), the commissioner shall adjust |
---|
959 | 959 | | the total amounts due to each school district and open-enrollment |
---|
960 | 960 | | charter school under this chapter [and the total amounts necessary |
---|
961 | 961 | | for each school district to comply with the requirements of Chapter |
---|
962 | 962 | | 49] by an amount determined by applying to each district and school |
---|
963 | 963 | | the same percentage adjustment to the total amount of state and |
---|
964 | 964 | | local revenue due to the district or school under this chapter [and |
---|
965 | 965 | | Chapter 49] so that the total amount of the adjustment to all |
---|
966 | 966 | | districts and schools results in an amount equal to the total |
---|
967 | 967 | | adjustment necessary. The following fiscal year,[: |
---|
968 | 968 | | [(1)] a district's or school's entitlement under |
---|
969 | 969 | | this section is increased by an amount equal to the adjustment made |
---|
970 | 970 | | under this subsection[; and |
---|
971 | 971 | | [(2) the amount necessary for a district to |
---|
972 | 972 | | comply with the requirements of Chapter 49 is reduced by an amount |
---|
973 | 973 | | necessary to ensure a district's full recovery of the adjustment |
---|
974 | 974 | | made under this subsection]. |
---|
975 | 975 | | SECTION 1.42. Sections 48.267(a), (b), and (c), Education |
---|
976 | 976 | | Code, are amended to read as follows: |
---|
977 | 977 | | (a) The commissioner may make adjustments to amounts due to |
---|
978 | 978 | | a school district under this chapter or Chapter 46, [or to amounts |
---|
979 | 979 | | necessary for a district to comply with the requirements of Chapter |
---|
980 | 980 | | 49,] as provided by this section. |
---|
981 | 981 | | (b) A school district that has a major taxpayer, as |
---|
982 | 982 | | determined by the commissioner, that because of a protest of the |
---|
983 | 983 | | valuation of the taxpayer's property fails to pay all or a portion |
---|
984 | 984 | | of the ad valorem taxes due to the district may apply to the |
---|
985 | 985 | | commissioner to have the district's taxable value of property or ad |
---|
986 | 986 | | valorem tax collections adjusted for purposes of this chapter or |
---|
987 | 987 | | Chapter 46 [or 49]. The commissioner may make the adjustment only |
---|
988 | 988 | | to the extent the commissioner determines that making the |
---|
989 | 989 | | adjustment will not: |
---|
990 | 990 | | (1) in the fiscal year in which the adjustment is made, |
---|
991 | 991 | | cause the amount to which school districts are entitled under this |
---|
992 | 992 | | chapter to exceed the amount appropriated for purposes of the |
---|
993 | 993 | | Foundation School Program for that year; and |
---|
994 | 994 | | (2) if the adjustment is made in the first year of a |
---|
995 | 995 | | state fiscal biennium, cause the amount to which school districts |
---|
996 | 996 | | are entitled under this chapter for the second year of the biennium |
---|
997 | 997 | | to exceed the amount appropriated for purposes of the Foundation |
---|
998 | 998 | | School Program for that year. |
---|
999 | 999 | | (c) The commissioner shall recover the benefit of any |
---|
1000 | 1000 | | adjustment made under this section by making offsetting adjustments |
---|
1001 | 1001 | | in the school district's taxable value of property or ad valorem tax |
---|
1002 | 1002 | | collections for purposes of this chapter or Chapter 46 [or 49] on a |
---|
1003 | 1003 | | final determination of the taxable value of property that was the |
---|
1004 | 1004 | | basis of the original adjustment, or in the second school year |
---|
1005 | 1005 | | following the year in which the adjustment is made, whichever is |
---|
1006 | 1006 | | earlier. |
---|
1007 | 1007 | | SECTION 1.43. Section 48.271(b), Education Code, is amended |
---|
1008 | 1008 | | to read as follows: |
---|
1009 | 1009 | | (b) If the district would have received a greater amount |
---|
1010 | 1010 | | from the foundation school fund for the applicable school year |
---|
1011 | 1011 | | using the adjusted value, the commissioner shall add the difference |
---|
1012 | 1012 | | to subsequent distributions to the district from the foundation |
---|
1013 | 1013 | | school fund. [An adjustment does not affect the local fund |
---|
1014 | 1014 | | assignment of any other district.] |
---|
1015 | 1015 | | SECTION 1.44. Section 48.272(b), Education Code, is amended |
---|
1016 | 1016 | | to read as follows: |
---|
1017 | 1017 | | (b) Notwithstanding Subsection (a), the agency may recover |
---|
1018 | 1018 | | an overallocation of state funds over a period not to exceed the |
---|
1019 | 1019 | | subsequent five school years if the commissioner determines that |
---|
1020 | 1020 | | the overallocation was the result of exceptional circumstances |
---|
1021 | 1021 | | reasonably caused by statutory changes to Chapter 46, former |
---|
1022 | 1022 | | Chapter [or] 49, or this chapter and related reporting |
---|
1023 | 1023 | | requirements. |
---|
1024 | 1024 | | SECTION 1.45. Section 48.273(a)(4), Education Code, is |
---|
1025 | 1025 | | amended to read as follows: |
---|
1026 | 1026 | | (4) "Wealth per student" means the taxable property |
---|
1027 | 1027 | | value as determined [values reported by the comptroller to the |
---|
1028 | 1028 | | commissioner] under Subchapter M, Chapter 403, Government Code, |
---|
1029 | 1029 | | [Section 48.256] divided by the number of students in average daily |
---|
1030 | 1030 | | attendance. |
---|
1031 | 1031 | | SECTION 1.46. Section 48.275(b), Education Code, is amended |
---|
1032 | 1032 | | to read as follows: |
---|
1033 | 1033 | | (b) The amount of additional funds to which each school |
---|
1034 | 1034 | | district or participating charter school is entitled due to the |
---|
1035 | 1035 | | increases in formula funding made by H.B. No. 3343, Acts of the 77th |
---|
1036 | 1036 | | Legislature, Regular Session, 2001, and any subsequent legislation |
---|
1037 | 1037 | | amending the provisions amended by that Act that increase formula |
---|
1038 | 1038 | | funding under [Chapter 49 and] this chapter to school districts and |
---|
1039 | 1039 | | charter schools is available for purposes of Subsection (c). |
---|
1040 | 1040 | | SECTION 1.47. Section 79.10(f), Education Code, is amended |
---|
1041 | 1041 | | to read as follows: |
---|
1042 | 1042 | | (f) For each student enrolled in the academy, the academy is |
---|
1043 | 1043 | | entitled to allotments from the foundation school fund under |
---|
1044 | 1044 | | Chapter 48 as if the academy were a school district [without a tier |
---|
1045 | 1045 | | one local share for purposes of Section 48.266]. If in any academic |
---|
1046 | 1046 | | year the amount of the allotments under this subsection exceeds the |
---|
1047 | 1047 | | amount of state funds paid to the academy in the first fiscal year |
---|
1048 | 1048 | | of the academy's operation, the commissioner of education shall set |
---|
1049 | 1049 | | aside from the total amount of funds to which school districts are |
---|
1050 | 1050 | | entitled under Section 48.266(c) an amount equal to the excess |
---|
1051 | 1051 | | amount and shall distribute that amount to the academy. After |
---|
1052 | 1052 | | deducting the amount set aside and paid to the academy by the |
---|
1053 | 1053 | | commissioner of education under this subsection, the commissioner |
---|
1054 | 1054 | | of education shall reduce the amount to which each district is |
---|
1055 | 1055 | | entitled under Section 48.266(c) in the manner described by Section |
---|
1056 | 1056 | | 48.266(f). A determination of the commissioner of education under |
---|
1057 | 1057 | | this subsection is final and may not be appealed. |
---|
1058 | 1058 | | SECTION 1.48. Section 87.208, Education Code, is amended to |
---|
1059 | 1059 | | read as follows: |
---|
1060 | 1060 | | Sec. 87.208. SEABORNE CONSERVATION CORPS. If the board of |
---|
1061 | 1061 | | regents of The Texas A&M University System administers a program |
---|
1062 | 1062 | | that is substantially similar to the Seaborne Conservation Corps as |
---|
1063 | 1063 | | it was administered by the board during the 1998-1999 school year, |
---|
1064 | 1064 | | the program is entitled, for each student enrolled, to allotments |
---|
1065 | 1065 | | from the Foundation School Program under Chapter 48 as if the |
---|
1066 | 1066 | | program were a school district[, except that the program has a local |
---|
1067 | 1067 | | share applied that is equivalent to the local fund assignment of the |
---|
1068 | 1068 | | school district in which the principal facilities of the program |
---|
1069 | 1069 | | are located]. |
---|
1070 | 1070 | | SECTION 1.49. Section 87.505(g), Education Code, is amended |
---|
1071 | 1071 | | to read as follows: |
---|
1072 | 1072 | | (g) For each student enrolled in the academy, the academy is |
---|
1073 | 1073 | | entitled to allotments from the foundation school fund under |
---|
1074 | 1074 | | Chapter 48 as if the academy were a school district [without a tier |
---|
1075 | 1075 | | one local share for purposes of Section 48.266]. If in any academic |
---|
1076 | 1076 | | year the amount of the allotments under this subsection exceeds the |
---|
1077 | 1077 | | amount of state funds paid to the academy in the first fiscal year |
---|
1078 | 1078 | | of the academy's operation, the commissioner of education shall set |
---|
1079 | 1079 | | aside from the total amount of funds to which school districts are |
---|
1080 | 1080 | | entitled under Section 48.266(c) an amount equal to the excess |
---|
1081 | 1081 | | amount and shall distribute that amount to the academy. After |
---|
1082 | 1082 | | deducting the amount set aside and paid to the academy by the |
---|
1083 | 1083 | | commissioner of education under this subsection, the commissioner |
---|
1084 | 1084 | | of education shall reduce the amount to which each district is |
---|
1085 | 1085 | | entitled under Section 48.266(c) in the manner described by Section |
---|
1086 | 1086 | | 48.266(f). A determination of the commissioner of education under |
---|
1087 | 1087 | | this subsection is final and may not be appealed. |
---|
1088 | 1088 | | SECTION 1.50. Section 96.707(k), Education Code, is amended |
---|
1089 | 1089 | | to read as follows: |
---|
1090 | 1090 | | (k) For each student enrolled in the academy, the academy is |
---|
1091 | 1091 | | entitled to allotments from the Foundation School Program under |
---|
1092 | 1092 | | Chapter 48 as if the academy were a school district [without a tier |
---|
1093 | 1093 | | one local share for purposes of Section 48.266]. |
---|
1094 | 1094 | | SECTION 1.51. Section 105.301(e), Education Code, is |
---|
1095 | 1095 | | amended to read as follows: |
---|
1096 | 1096 | | (e) The academy is not subject to the provisions of this |
---|
1097 | 1097 | | code, or to the rules of the Texas Education Agency, regulating |
---|
1098 | 1098 | | public schools, except that: |
---|
1099 | 1099 | | (1) professional employees of the academy are entitled |
---|
1100 | 1100 | | to the limited liability of an employee under Section 22.0511, |
---|
1101 | 1101 | | 22.0512, or 22.052; |
---|
1102 | 1102 | | (2) a student's attendance at the academy satisfies |
---|
1103 | 1103 | | compulsory school attendance requirements; and |
---|
1104 | 1104 | | (3) for each student enrolled, the academy is entitled |
---|
1105 | 1105 | | to allotments from the foundation school program under Chapter 48 |
---|
1106 | 1106 | | as if the academy were a school district [without a tier one local |
---|
1107 | 1107 | | share for purposes of Section 48.266]. |
---|
1108 | 1108 | | SECTION 1.52. Section 3.005(a), Election Code, is amended |
---|
1109 | 1109 | | to read as follows: |
---|
1110 | 1110 | | (a) Except as provided by Subsection [Subsections] (c) [and |
---|
1111 | 1111 | | (d)], an election ordered by an authority of a political |
---|
1112 | 1112 | | subdivision shall be ordered not later than the 62nd day before |
---|
1113 | 1113 | | election day. |
---|
1114 | 1114 | | SECTION 1.53. Section 4.008(a), Election Code, is amended |
---|
1115 | 1115 | | to read as follows: |
---|
1116 | 1116 | | (a) The [Except as provided by Subsection (b), the] |
---|
1117 | 1117 | | governing body of a political subdivision, other than a county, |
---|
1118 | 1118 | | that orders an election shall deliver notice of the election, |
---|
1119 | 1119 | | including the location of each polling place, to the county clerk |
---|
1120 | 1120 | | and voter registrar of each county in which the political |
---|
1121 | 1121 | | subdivision is located not later than the 60th day before election |
---|
1122 | 1122 | | day. The county clerk shall post notice of the election, including |
---|
1123 | 1123 | | the location of each polling place, on the county's Internet |
---|
1124 | 1124 | | website, if the county maintains a website, as provided by Section |
---|
1125 | 1125 | | 4.003(b). |
---|
1126 | 1126 | | SECTION 1.54. Section 403.302(a), Government Code, is |
---|
1127 | 1127 | | amended to read as follows: |
---|
1128 | 1128 | | (a) The comptroller shall conduct a study using comparable |
---|
1129 | 1129 | | sales and generally accepted auditing and sampling techniques to |
---|
1130 | 1130 | | determine the total taxable value of all property in each school |
---|
1131 | 1131 | | district. The study shall determine the taxable value of all |
---|
1132 | 1132 | | property and of each category of property in the district and the |
---|
1133 | 1133 | | productivity value of all land that qualifies for appraisal on the |
---|
1134 | 1134 | | basis of its productive capacity and for which the owner has applied |
---|
1135 | 1135 | | for and received a productivity appraisal. [The comptroller shall |
---|
1136 | 1136 | | make appropriate adjustments in the study to account for actions |
---|
1137 | 1137 | | taken under Chapter 49, Education Code.] |
---|
1138 | 1138 | | SECTION 1.55. Section 437.117(a), Government Code, is |
---|
1139 | 1139 | | amended to read as follows: |
---|
1140 | 1140 | | (a) For each student enrolled in the Texas ChalleNGe |
---|
1141 | 1141 | | Academy, the department is entitled to allotments from the |
---|
1142 | 1142 | | Foundation School Program under Chapter 48, Education Code, as if |
---|
1143 | 1143 | | the academy were a school district [without a tier one local share |
---|
1144 | 1144 | | for purposes of Section 48.266, Education Code]. |
---|
1145 | 1145 | | SECTION 1.56. Section 1579.251(a), Insurance Code, is |
---|
1146 | 1146 | | amended to read as follows: |
---|
1147 | 1147 | | (a) The state shall assist employees of participating |
---|
1148 | 1148 | | school districts and charter schools in the purchase of group |
---|
1149 | 1149 | | health coverage under this chapter by providing for each covered |
---|
1150 | 1150 | | employee the amount of $900 each state fiscal year or a greater |
---|
1151 | 1151 | | amount as provided by the General Appropriations Act. The state |
---|
1152 | 1152 | | contribution shall be distributed through the school finance |
---|
1153 | 1153 | | formulas under Chapter [Chapters] 48 [and 49], Education Code, and |
---|
1154 | 1154 | | used by school districts and charter schools as provided by Section |
---|
1155 | 1155 | | 48.275, Education Code. |
---|
1156 | 1156 | | SECTION 1.57. Section 5.07(f), Tax Code, is amended to read |
---|
1157 | 1157 | | as follows: |
---|
1158 | 1158 | | (f) The comptroller shall prescribe tax rate calculation |
---|
1159 | 1159 | | forms to be used by the designated officer or employee of each: |
---|
1160 | 1160 | | (1) taxing unit other than a school district to |
---|
1161 | 1161 | | calculate and submit the no-new-revenue tax rate and the |
---|
1162 | 1162 | | voter-approval tax rate for the taxing unit as required by Chapter |
---|
1163 | 1163 | | 26; and |
---|
1164 | 1164 | | (2) school district to: |
---|
1165 | 1165 | | (A) calculate and submit the no-new-revenue tax |
---|
1166 | 1166 | | rate [and the voter-approval tax rate] for the district as required |
---|
1167 | 1167 | | by Chapter 26; and |
---|
1168 | 1168 | | (B) submit the rate to maintain the same amount |
---|
1169 | 1169 | | of state and local revenue per weighted student that the district |
---|
1170 | 1170 | | received in the school year beginning in the preceding tax year as |
---|
1171 | 1171 | | required by Chapter 26. |
---|
1172 | 1172 | | SECTION 1.58. Section 21.01, Tax Code, is amended to read as |
---|
1173 | 1173 | | follows: |
---|
1174 | 1174 | | Sec. 21.01. REAL PROPERTY. Real property is taxable by a |
---|
1175 | 1175 | | taxing unit if located in the taxing unit on January 1[, except as |
---|
1176 | 1176 | | provided by Chapter 49, Education Code]. |
---|
1177 | 1177 | | SECTION 1.59. Section 21.02(a), Tax Code, is amended to |
---|
1178 | 1178 | | read as follows: |
---|
1179 | 1179 | | (a) Except as provided by Subsection [Subsections (b) and] |
---|
1180 | 1180 | | (e) and by Sections 21.021, 21.04, and 21.05, tangible personal |
---|
1181 | 1181 | | property is taxable by a taxing unit if: |
---|
1182 | 1182 | | (1) it is located in the taxing unit on January 1 for |
---|
1183 | 1183 | | more than a temporary period; |
---|
1184 | 1184 | | (2) it normally is located in the taxing unit, even |
---|
1185 | 1185 | | though it is outside the taxing unit on January 1, if it is outside |
---|
1186 | 1186 | | the taxing unit only temporarily; |
---|
1187 | 1187 | | (3) it normally is returned to the taxing unit between |
---|
1188 | 1188 | | uses elsewhere and is not located in any one place for more than a |
---|
1189 | 1189 | | temporary period; or |
---|
1190 | 1190 | | (4) the owner resides (for property not used for |
---|
1191 | 1191 | | business purposes) or maintains the owner's principal place of |
---|
1192 | 1192 | | business in this state (for property used for business purposes) in |
---|
1193 | 1193 | | the taxing unit and the property is taxable in this state but does |
---|
1194 | 1194 | | not have a taxable situs pursuant to Subdivisions (1) through (3) |
---|
1195 | 1195 | | [of this subsection]. |
---|
1196 | 1196 | | SECTION 1.60. Section 26.012, Tax Code, is amended by |
---|
1197 | 1197 | | amending Subdivisions (4) and (18) and adding Subdivision (17-a) to |
---|
1198 | 1198 | | read as follows: |
---|
1199 | 1199 | | (4) "Current debt rate" means a rate expressed in |
---|
1200 | 1200 | | dollars per $100 of taxable value and calculated according to the |
---|
1201 | 1201 | | following formula: |
---|
1202 | 1202 | | CURRENT DEBT RATE = [[](CURRENT DEBT SERVICE - EXCESS COLLECTIONS) |
---|
1203 | 1203 | | / (CURRENT TOTAL VALUE X COLLECTION RATE)[] + CURRENT JUNIOR |
---|
1204 | 1204 | | COLLEGE LEVY / CURRENT TOTAL VALUE] |
---|
1205 | 1205 | | (17-a) "No-new-revenue enrichment rate" means, for a |
---|
1206 | 1206 | | school district, a rate expressed in dollars per $100 of taxable |
---|
1207 | 1207 | | value and calculated according to the following formula: |
---|
1208 | 1208 | | NO-NEW-REVENUE ENRICHMENT RATE = (LAST YEAR'S LEVY - LAST YEAR'S |
---|
1209 | 1209 | | DEBT LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) |
---|
1210 | 1210 | | (18) "No-new-revenue maintenance and operations rate" |
---|
1211 | 1211 | | means, for a taxing unit other than a school district, a rate |
---|
1212 | 1212 | | expressed in dollars per $100 of taxable value and calculated |
---|
1213 | 1213 | | according to the following formula: |
---|
1214 | 1214 | | NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE = (LAST YEAR'S LEVY |
---|
1215 | 1215 | | - LAST YEAR'S DEBT LEVY [- LAST YEAR'S JUNIOR COLLEGE LEVY]) / |
---|
1216 | 1216 | | (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) |
---|
1217 | 1217 | | SECTION 1.61. Sections 26.04(c) and (e-1), Tax Code, are |
---|
1218 | 1218 | | amended to read as follows: |
---|
1219 | 1219 | | (c) After the assessor for the taxing unit submits the |
---|
1220 | 1220 | | appraisal roll for the taxing unit to the governing body of the |
---|
1221 | 1221 | | taxing unit as required by Subsection (b), an officer or employee |
---|
1222 | 1222 | | designated by the governing body of a taxing unit other than a |
---|
1223 | 1223 | | school district shall calculate the no-new-revenue tax rate and the |
---|
1224 | 1224 | | voter-approval tax rate for the taxing unit and an officer or |
---|
1225 | 1225 | | employee designated by the governing body of a school district |
---|
1226 | 1226 | | shall calculate the no-new-revenue tax rate for the school district |
---|
1227 | 1227 | | according to the following formulas[, where]: |
---|
1228 | 1228 | | (1) "No-new-revenue tax rate" means a rate expressed |
---|
1229 | 1229 | | in dollars per $100 of taxable value calculated according to the |
---|
1230 | 1230 | | following formula: |
---|
1231 | 1231 | | NO-NEW-REVENUE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY) / |
---|
1232 | 1232 | | (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) |
---|
1233 | 1233 | | ; and |
---|
1234 | 1234 | | (2) "Voter-approval tax rate" means a rate expressed |
---|
1235 | 1235 | | in dollars per $100 of taxable value calculated according to the |
---|
1236 | 1236 | | following applicable formula: |
---|
1237 | 1237 | | (A) for a special taxing unit: |
---|
1238 | 1238 | | VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND |
---|
1239 | 1239 | | OPERATIONS RATE x 1.08) + CURRENT DEBT RATE |
---|
1240 | 1240 | | ; or |
---|
1241 | 1241 | | (B) for a taxing unit other than a special taxing |
---|
1242 | 1242 | | unit or a school district: |
---|
1243 | 1243 | | VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND |
---|
1244 | 1244 | | OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED INCREMENT |
---|
1245 | 1245 | | RATE) |
---|
1246 | 1246 | | (e-1) Subsections [The tax rate certification requirements |
---|
1247 | 1247 | | imposed by Subsection] (d-2), (e), (i), and (j) [and the notice |
---|
1248 | 1248 | | requirements imposed by Subsections (e)(1)-(3)] do not apply to a |
---|
1249 | 1249 | | school district. Notwithstanding any other provision of this |
---|
1250 | 1250 | | section, a requirement under this section that relates to the |
---|
1251 | 1251 | | calculation of the voter-approval tax rate or the submission of a |
---|
1252 | 1252 | | form used to calculate the voter-approval tax rate does not apply to |
---|
1253 | 1253 | | a school district. |
---|
1254 | 1254 | | SECTION 1.62. Section 26.05, Tax Code, is amended by |
---|
1255 | 1255 | | amending Subsections (a), (b), and (g) and adding Subsection (b-1) |
---|
1256 | 1256 | | to read as follows: |
---|
1257 | 1257 | | (a) The governing body of each taxing unit shall adopt a tax |
---|
1258 | 1258 | | rate for the current tax year and shall notify the assessor for the |
---|
1259 | 1259 | | taxing unit of the rate adopted. The governing body must adopt a |
---|
1260 | 1260 | | tax rate before the later of September 30 or the 60th day after the |
---|
1261 | 1261 | | date the certified appraisal roll is received by the taxing unit, |
---|
1262 | 1262 | | except that the governing body of a taxing unit other than a school |
---|
1263 | 1263 | | district must adopt a tax rate that exceeds the voter-approval tax |
---|
1264 | 1264 | | rate not later than the 71st day before the next uniform election |
---|
1265 | 1265 | | date prescribed by Section 41.001, Election Code, that occurs in |
---|
1266 | 1266 | | November of that year. The tax rate consists of two components, |
---|
1267 | 1267 | | each of which must be approved separately. The components are: |
---|
1268 | 1268 | | (1) for a taxing unit other than a school district, the |
---|
1269 | 1269 | | rate that, if applied to the total taxable value, will impose the |
---|
1270 | 1270 | | total amount described by Section 26.04(e)(3)(C), less any amount |
---|
1271 | 1271 | | of additional sales and use tax revenue that will be used to pay |
---|
1272 | 1272 | | debt service, or, for a school district, the rate calculated under |
---|
1273 | 1273 | | Section 44.004(c)(5)(A)(ii)(b), Education Code; and |
---|
1274 | 1274 | | (2) for a taxing unit other than a school district, the |
---|
1275 | 1275 | | rate that, if applied to the total taxable value, will impose the |
---|
1276 | 1276 | | amount of taxes needed to fund maintenance and operation |
---|
1277 | 1277 | | expenditures of the taxing unit for the next year, or, for a school |
---|
1278 | 1278 | | district, the rate that, if applied to total taxable value, will |
---|
1279 | 1279 | | impose the amount of taxes needed to fund the enrichment |
---|
1280 | 1280 | | expenditures of the school district for the next year. |
---|
1281 | 1281 | | (b) A taxing unit may not impose property taxes in any year |
---|
1282 | 1282 | | until the governing body has adopted a tax rate for that year, and |
---|
1283 | 1283 | | the annual tax rate must be set by ordinance, resolution, or order, |
---|
1284 | 1284 | | depending on the method prescribed by law for adoption of a law by |
---|
1285 | 1285 | | the governing body. The vote on the ordinance, resolution, or order |
---|
1286 | 1286 | | setting the tax rate must be separate from the vote adopting the |
---|
1287 | 1287 | | budget. For a taxing unit other than a school district, the vote on |
---|
1288 | 1288 | | the ordinance, resolution, or order setting a tax rate that exceeds |
---|
1289 | 1289 | | the no-new-revenue tax rate must be a record vote, and at least 60 |
---|
1290 | 1290 | | percent of the members of the governing body must vote in favor of |
---|
1291 | 1291 | | the ordinance, resolution, or order. For a school district, the |
---|
1292 | 1292 | | vote on the ordinance, resolution, or order setting a tax rate that |
---|
1293 | 1293 | | exceeds the sum of the no-new-revenue enrichment [maintenance and |
---|
1294 | 1294 | | operations tax] rate of the district [as determined under Section |
---|
1295 | 1295 | | 26.08(i)] and the district's current debt rate must be a record |
---|
1296 | 1296 | | vote, and at least 60 percent of the members of the governing body |
---|
1297 | 1297 | | must vote in favor of the ordinance, resolution, or order. A motion |
---|
1298 | 1298 | | to adopt an ordinance, resolution, or order setting a tax rate that |
---|
1299 | 1299 | | exceeds the no-new-revenue tax rate must be made in the following |
---|
1300 | 1300 | | form: "I move that the property tax rate be increased by the |
---|
1301 | 1301 | | adoption of a tax rate of (specify tax rate), which is effectively a |
---|
1302 | 1302 | | (insert percentage by which the proposed tax rate exceeds the |
---|
1303 | 1303 | | no-new-revenue tax rate) percent increase in the tax rate." |
---|
1304 | 1304 | | (b-1) If the ordinance, resolution, or order adopted under |
---|
1305 | 1305 | | Subsection (b) sets a tax rate that, if applied to the total taxable |
---|
1306 | 1306 | | value, will impose an amount of taxes to fund the maintenance and |
---|
1307 | 1307 | | operation expenditures or, in the case of a school district, the |
---|
1308 | 1308 | | enrichment expenditures of the taxing unit that exceeds the amount |
---|
1309 | 1309 | | of taxes imposed for that purpose in the preceding year, the taxing |
---|
1310 | 1310 | | unit must: |
---|
1311 | 1311 | | (1) include in the ordinance, resolution, or order in |
---|
1312 | 1312 | | type larger than the type used in any other portion of the document: |
---|
1313 | 1313 | | (A) the following statement: "THIS TAX RATE WILL |
---|
1314 | 1314 | | RAISE MORE TAXES FOR (INSERT MAINTENANCE AND OPERATIONS OR |
---|
1315 | 1315 | | ENRICHMENT, AS APPLICABLE) THAN LAST YEAR'S TAX RATE."; and |
---|
1316 | 1316 | | (B) if the tax rate exceeds the no-new-revenue |
---|
1317 | 1317 | | maintenance and operations rate or the no-new-revenue enrichment |
---|
1318 | 1318 | | rate, as applicable, the following statement: "THE TAX RATE WILL |
---|
1319 | 1319 | | EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE |
---|
1320 | 1320 | | EXCEEDS THE NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE OR |
---|
1321 | 1321 | | NO-NEW-REVENUE ENRICHMENT RATE, AS APPLICABLE) PERCENT AND WILL |
---|
1322 | 1322 | | RAISE TAXES [FOR MAINTENANCE AND OPERATIONS] ON A $100,000 HOME BY |
---|
1323 | 1323 | | APPROXIMATELY $(Insert amount)."; and |
---|
1324 | 1324 | | (2) include on the home page of the Internet website of |
---|
1325 | 1325 | | the taxing unit: |
---|
1326 | 1326 | | (A) the following statement: "(Insert name of |
---|
1327 | 1327 | | taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR |
---|
1328 | 1328 | | (INSERT MAINTENANCE AND OPERATIONS OR ENRICHMENT, AS APPLICABLE) |
---|
1329 | 1329 | | THAN LAST YEAR'S TAX RATE"; and |
---|
1330 | 1330 | | (B) if the tax rate exceeds the no-new-revenue |
---|
1331 | 1331 | | maintenance and operations rate or the no-new-revenue enrichment |
---|
1332 | 1332 | | rate, as applicable, the following statement: "THE TAX RATE WILL |
---|
1333 | 1333 | | EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE |
---|
1334 | 1334 | | EXCEEDS THE NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE OR |
---|
1335 | 1335 | | NO-NEW-REVENUE ENRICHMENT RATE, AS APPLICABLE) PERCENT AND WILL |
---|
1336 | 1336 | | RAISE TAXES [FOR MAINTENANCE AND OPERATIONS] ON A $100,000 HOME BY |
---|
1337 | 1337 | | APPROXIMATELY $(Insert amount)." |
---|
1338 | 1338 | | (g) Notwithstanding Subsection (a), the governing body of a |
---|
1339 | 1339 | | school district that elects to adopt a tax rate before the adoption |
---|
1340 | 1340 | | of a budget for the fiscal year that begins in the current tax year |
---|
1341 | 1341 | | may adopt a tax rate for the current tax year before receipt of the |
---|
1342 | 1342 | | certified appraisal roll for the school district if the chief |
---|
1343 | 1343 | | appraiser of the appraisal district in which the school district |
---|
1344 | 1344 | | participates has certified to the assessor for the school district |
---|
1345 | 1345 | | an estimate of the taxable value of property in the school district |
---|
1346 | 1346 | | as provided by Section 26.01(e). If a school district adopts a tax |
---|
1347 | 1347 | | rate under this subsection, the no-new-revenue tax rate [and the |
---|
1348 | 1348 | | voter-approval tax rate] of the district shall be calculated based |
---|
1349 | 1349 | | on the certified estimate of taxable value. |
---|
1350 | 1350 | | SECTION 1.63. Sections 26.16(a) and (d), Tax Code, are |
---|
1351 | 1351 | | amended to read as follows: |
---|
1352 | 1352 | | (a) Each county shall maintain an Internet website. The |
---|
1353 | 1353 | | county assessor-collector for each county shall post on the |
---|
1354 | 1354 | | Internet website maintained by the county the following applicable |
---|
1355 | 1355 | | information for the most recent five tax years for each taxing unit |
---|
1356 | 1356 | | all or part of the territory of which is located in the county: |
---|
1357 | 1357 | | (1) the adopted tax rate; |
---|
1358 | 1358 | | (2) the maintenance and operations rate; |
---|
1359 | 1359 | | (3) the enrichment rate; |
---|
1360 | 1360 | | (4) the debt rate; |
---|
1361 | 1361 | | (5) [(4)] the no-new-revenue tax rate; |
---|
1362 | 1362 | | (6) [(5)] the no-new-revenue maintenance and |
---|
1363 | 1363 | | operations rate; |
---|
1364 | 1364 | | (7) the no-new-revenue enrichment rate; and |
---|
1365 | 1365 | | (8) [(6)] the voter-approval tax rate. |
---|
1366 | 1366 | | (d) The county assessor-collector shall post immediately |
---|
1367 | 1367 | | below the table prescribed by Subsection (c) the following |
---|
1368 | 1368 | | statement: |
---|
1369 | 1369 | | "The county is providing this table of property tax rate |
---|
1370 | 1370 | | information as a service to the residents of the county. Each |
---|
1371 | 1371 | | individual taxing unit is responsible for calculating the property |
---|
1372 | 1372 | | tax rates listed in this table pertaining to that taxing unit and |
---|
1373 | 1373 | | providing that information to the county. |
---|
1374 | 1374 | | "The adopted tax rate is the tax rate adopted by the governing |
---|
1375 | 1375 | | body of a taxing unit. |
---|
1376 | 1376 | | "The maintenance and operations rate is the component of the |
---|
1377 | 1377 | | adopted tax rate of a taxing unit other than a school district that |
---|
1378 | 1378 | | will impose the amount of taxes needed to fund maintenance and |
---|
1379 | 1379 | | operation expenditures of the taxing unit for the following year. |
---|
1380 | 1380 | | "The enrichment rate is the component of the adopted tax rate |
---|
1381 | 1381 | | of a school district that will impose the amount of taxes needed to |
---|
1382 | 1382 | | fund enrichment expenditures of the school district for the |
---|
1383 | 1383 | | following year. |
---|
1384 | 1384 | | "The debt rate is the component of the adopted tax rate of a |
---|
1385 | 1385 | | taxing unit that will impose the amount of taxes needed to fund the |
---|
1386 | 1386 | | taxing unit's debt service for the following year. |
---|
1387 | 1387 | | "The no-new-revenue tax rate is the tax rate that would |
---|
1388 | 1388 | | generate the same amount of revenue in the current tax year as was |
---|
1389 | 1389 | | generated by a taxing unit's adopted tax rate in the preceding tax |
---|
1390 | 1390 | | year from property that is taxable in both the current tax year and |
---|
1391 | 1391 | | the preceding tax year. |
---|
1392 | 1392 | | "The no-new-revenue maintenance and operations rate is the |
---|
1393 | 1393 | | tax rate that, if adopted by a taxing unit other than a school |
---|
1394 | 1394 | | district in the current tax year, would generate the same amount of |
---|
1395 | 1395 | | revenue for maintenance and operations in the current tax year as |
---|
1396 | 1396 | | was generated by the [a] taxing unit's maintenance and operations |
---|
1397 | 1397 | | rate in the preceding tax year from property that is taxable in both |
---|
1398 | 1398 | | the current tax year and the preceding tax year. |
---|
1399 | 1399 | | "The no-new-revenue enrichment rate is the tax rate that, if |
---|
1400 | 1400 | | adopted by a school district in the current tax year, would generate |
---|
1401 | 1401 | | the same amount of revenue for enrichment expenditures in the |
---|
1402 | 1402 | | current tax year as was generated by the school district's |
---|
1403 | 1403 | | enrichment rate in the preceding tax year from property that is |
---|
1404 | 1404 | | taxable in both the current tax year and the preceding tax year. |
---|
1405 | 1405 | | "The voter-approval tax rate is the highest tax rate a taxing |
---|
1406 | 1406 | | unit other than a school district may adopt before requiring voter |
---|
1407 | 1407 | | approval at an election. An election will automatically be held if |
---|
1408 | 1408 | | a taxing unit other than a school district wishes to adopt a tax |
---|
1409 | 1409 | | rate in excess of the taxing unit's voter-approval tax rate." |
---|
1410 | 1410 | | SECTION 1.64. Section 26.17(b), Tax Code, is amended to |
---|
1411 | 1411 | | read as follows: |
---|
1412 | 1412 | | (b) The database must include, with respect to each property |
---|
1413 | 1413 | | listed on the appraisal roll for the appraisal district: |
---|
1414 | 1414 | | (1) the property's identification number; |
---|
1415 | 1415 | | (2) the property's market value; |
---|
1416 | 1416 | | (3) the property's taxable value; |
---|
1417 | 1417 | | (4) the name of each taxing unit in which the property |
---|
1418 | 1418 | | is located; |
---|
1419 | 1419 | | (5) for each taxing unit other than a school district |
---|
1420 | 1420 | | in which the property is located: |
---|
1421 | 1421 | | (A) the no-new-revenue tax rate; and |
---|
1422 | 1422 | | (B) the voter-approval tax rate; |
---|
1423 | 1423 | | (6) for each school district in which the property is |
---|
1424 | 1424 | | located,[: |
---|
1425 | 1425 | | [(A)] the tax rate that would maintain the |
---|
1426 | 1426 | | same amount of state and local revenue per weighted student that the |
---|
1427 | 1427 | | district received in the school year beginning in the preceding tax |
---|
1428 | 1428 | | year; [and |
---|
1429 | 1429 | | [(B) the voter-approval tax rate;] |
---|
1430 | 1430 | | (7) the tax rate proposed by the governing body of each |
---|
1431 | 1431 | | taxing unit in which the property is located; |
---|
1432 | 1432 | | (8) for each taxing unit other than a school district |
---|
1433 | 1433 | | in which the property is located, the taxes that would be imposed on |
---|
1434 | 1434 | | the property if the taxing unit adopted a tax rate equal to: |
---|
1435 | 1435 | | (A) the no-new-revenue tax rate; and |
---|
1436 | 1436 | | (B) the proposed tax rate; |
---|
1437 | 1437 | | (9) for each school district in which the property is |
---|
1438 | 1438 | | located, the taxes that would be imposed on the property if the |
---|
1439 | 1439 | | district adopted a tax rate equal to: |
---|
1440 | 1440 | | (A) the tax rate that would maintain the same |
---|
1441 | 1441 | | amount of state and local revenue per weighted student that the |
---|
1442 | 1442 | | district received in the school year beginning in the preceding tax |
---|
1443 | 1443 | | year; and |
---|
1444 | 1444 | | (B) the proposed tax rate; |
---|
1445 | 1445 | | (10) for each taxing unit other than a school district |
---|
1446 | 1446 | | in which the property is located, the difference between the amount |
---|
1447 | 1447 | | calculated under Subdivision (8)(A) and the amount calculated under |
---|
1448 | 1448 | | Subdivision (8)(B); |
---|
1449 | 1449 | | (11) for each school district in which the property is |
---|
1450 | 1450 | | located, the difference between the amount calculated under |
---|
1451 | 1451 | | Subdivision (9)(A) and the amount calculated under Subdivision |
---|
1452 | 1452 | | (9)(B); |
---|
1453 | 1453 | | (12) the date, time, and location of the public |
---|
1454 | 1454 | | hearing, if applicable, on the proposed tax rate to be held by the |
---|
1455 | 1455 | | governing body of each taxing unit in which the property is located; |
---|
1456 | 1456 | | (13) the date, time, and location of the public |
---|
1457 | 1457 | | meeting, if applicable, at which the tax rate will be adopted to be |
---|
1458 | 1458 | | held by the governing body of each taxing unit in which the property |
---|
1459 | 1459 | | is located; and |
---|
1460 | 1460 | | (14) for each taxing unit in which the property is |
---|
1461 | 1461 | | located, an e-mail address at which the taxing unit is capable of |
---|
1462 | 1462 | | receiving written comments regarding the proposed tax rate of the |
---|
1463 | 1463 | | taxing unit. |
---|
1464 | 1464 | | SECTION 1.65. Section 26.18, Tax Code, is amended to read as |
---|
1465 | 1465 | | follows: |
---|
1466 | 1466 | | Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
---|
1467 | 1467 | | TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
---|
1468 | 1468 | | website or have access to a generally accessible Internet website |
---|
1469 | 1469 | | that may be used for the purposes of this section. Each taxing unit |
---|
1470 | 1470 | | shall post or cause to be posted on the Internet website the |
---|
1471 | 1471 | | following information in a format prescribed by the comptroller: |
---|
1472 | 1472 | | (1) the name of each member of the governing body of |
---|
1473 | 1473 | | the taxing unit; |
---|
1474 | 1474 | | (2) the mailing address, e-mail address, and telephone |
---|
1475 | 1475 | | number of the taxing unit; |
---|
1476 | 1476 | | (3) the official contact information for each member |
---|
1477 | 1477 | | of the governing body of the taxing unit, if that information is |
---|
1478 | 1478 | | different from the information described by Subdivision (2); |
---|
1479 | 1479 | | (4) the taxing unit's budget for the preceding two |
---|
1480 | 1480 | | years; |
---|
1481 | 1481 | | (5) the taxing unit's proposed or adopted budget for |
---|
1482 | 1482 | | the current year; |
---|
1483 | 1483 | | (6) the change in the amount of the taxing unit's |
---|
1484 | 1484 | | budget from the preceding year to the current year, by dollar amount |
---|
1485 | 1485 | | and percentage; |
---|
1486 | 1486 | | (7) in the case of a taxing unit other than a school |
---|
1487 | 1487 | | district, the amount of property tax revenue budgeted for |
---|
1488 | 1488 | | maintenance and operations for: |
---|
1489 | 1489 | | (A) the preceding two years; and |
---|
1490 | 1490 | | (B) the current year; |
---|
1491 | 1491 | | (8) in the case of a taxing unit other than a school |
---|
1492 | 1492 | | district, the amount of property tax revenue budgeted for debt |
---|
1493 | 1493 | | service for: |
---|
1494 | 1494 | | (A) the preceding two years; and |
---|
1495 | 1495 | | (B) the current year; |
---|
1496 | 1496 | | (9) in the case of a taxing unit other than a school |
---|
1497 | 1497 | | district, the tax rate for maintenance and operations adopted by |
---|
1498 | 1498 | | the taxing unit for the preceding two years; |
---|
1499 | 1499 | | (9-a) in the case of a school district, the tax rate |
---|
1500 | 1500 | | for enrichment adopted by the district for the preceding two years; |
---|
1501 | 1501 | | (10) in the case of a taxing unit other than a school |
---|
1502 | 1502 | | district, the tax rate for debt service adopted by the taxing unit |
---|
1503 | 1503 | | for the preceding two years; |
---|
1504 | 1504 | | (11) in the case of a school district, the interest and |
---|
1505 | 1505 | | sinking fund tax rate adopted by the district for the preceding two |
---|
1506 | 1506 | | years; |
---|
1507 | 1507 | | (12) in the case of a taxing unit other than a school |
---|
1508 | 1508 | | district, the tax rate for maintenance and operations proposed by |
---|
1509 | 1509 | | the taxing unit for the current year; |
---|
1510 | 1510 | | (12-a) in the case of a school district, the tax rate |
---|
1511 | 1511 | | for enrichment proposed by the school district for the current |
---|
1512 | 1512 | | year; |
---|
1513 | 1513 | | (13) in the case of a taxing unit other than a school |
---|
1514 | 1514 | | district, the tax rate for debt service proposed by the taxing unit |
---|
1515 | 1515 | | for the current year; |
---|
1516 | 1516 | | (14) in the case of a school district, the interest and |
---|
1517 | 1517 | | sinking fund tax rate proposed by the district for the current year; |
---|
1518 | 1518 | | and |
---|
1519 | 1519 | | (15) the most recent financial audit of the taxing |
---|
1520 | 1520 | | unit. |
---|
1521 | 1521 | | SECTION 1.66. Section 31.01, Tax Code, is amended by |
---|
1522 | 1522 | | amending Subsection (d-1) and adding Subsection (d-2) to read as |
---|
1523 | 1523 | | follows: |
---|
1524 | 1524 | | (d-1) This subsection applies only to a school district. In |
---|
1525 | 1525 | | addition to stating the total tax rate for the school district, the |
---|
1526 | 1526 | | tax bill or the separate statement shall separately state: |
---|
1527 | 1527 | | (1) the enrichment [maintenance and operations] rate |
---|
1528 | 1528 | | of the school district; |
---|
1529 | 1529 | | (2) if the school district has outstanding debt, as |
---|
1530 | 1530 | | defined by Section 26.012, the debt rate of the district; |
---|
1531 | 1531 | | (3) the enrichment [maintenance and operations] rate |
---|
1532 | 1532 | | of the school district for the preceding tax year; |
---|
1533 | 1533 | | (4) if for the current tax year the school district |
---|
1534 | 1534 | | imposed taxes for debt, as defined by Section 26.012, the debt rate |
---|
1535 | 1535 | | of the district for the current tax year; |
---|
1536 | 1536 | | (5) if for the preceding tax year the school district |
---|
1537 | 1537 | | imposed taxes for debt, as defined by Section 26.012, the debt rate |
---|
1538 | 1538 | | of the district for that year; and |
---|
1539 | 1539 | | (6) the total tax rate of the district for the |
---|
1540 | 1540 | | preceding tax year. |
---|
1541 | 1541 | | (d-2) For the 2025 tax year, the "total tax rate of the |
---|
1542 | 1542 | | district for the preceding tax year" as required by Subsection |
---|
1543 | 1543 | | (d-1)(6) shall be computed by adding the district's debt rate for |
---|
1544 | 1544 | | the 2024 tax year and the rate of any tax the district imposed for |
---|
1545 | 1545 | | enrichment in the 2024 tax year. This subsection expires January 1, |
---|
1546 | 1546 | | 2026. |
---|
1547 | 1547 | | SECTION 1.67. Section 312.210(b), Tax Code, is amended to |
---|
1548 | 1548 | | read as follows: |
---|
1549 | 1549 | | (b) A tax abatement agreement with the owner of real |
---|
1550 | 1550 | | property or tangible personal property that is located in the |
---|
1551 | 1551 | | reinvestment zone described by Subsection (a) [and in a school |
---|
1552 | 1552 | | district that has a local revenue level that does not exceed the |
---|
1553 | 1553 | | level established under Section 48.257] must exempt from taxation: |
---|
1554 | 1554 | | (1) the portion of the value of the property in the |
---|
1555 | 1555 | | amount specified in the joint agreement among the municipality, |
---|
1556 | 1556 | | county, and junior college district; and |
---|
1557 | 1557 | | (2) an amount equal to 10 percent of the maximum |
---|
1558 | 1558 | | portion of the value of the property that may under Section |
---|
1559 | 1559 | | 312.204(a) be otherwise exempted from taxation. |
---|
1560 | 1560 | | SECTION 1.68. The following provisions are repealed: |
---|
1561 | 1561 | | (1) Section 7.055(b)(34), Education Code; |
---|
1562 | 1562 | | (2) Section 8.056, Education Code; |
---|
1563 | 1563 | | (3) Section 11.184, Education Code; |
---|
1564 | 1564 | | (4) Section 13.054(h), Education Code; |
---|
1565 | 1565 | | (5) Section 29.203(g), Education Code; |
---|
1566 | 1566 | | (6) Section 45.0021, Education Code; |
---|
1567 | 1567 | | (7) Section 45.003(f), Education Code; |
---|
1568 | 1568 | | (8) Section 45.0032, Education Code; |
---|
1569 | 1569 | | (9) Section 45.105(e), Education Code; |
---|
1570 | 1570 | | (10) Section 45.109(d), Education Code; |
---|
1571 | 1571 | | (11) Section 45.111(b), Education Code; |
---|
1572 | 1572 | | (12) Section 47.004, Education Code; |
---|
1573 | 1573 | | (13) Sections 48.202(a-2) and (f), Education Code; |
---|
1574 | 1574 | | (14) Sections 48.255, 48.2551, 48.2552, 48.2553, |
---|
1575 | 1575 | | 48.256, and 48.257, Education Code; |
---|
1576 | 1576 | | (15) Section 48.265(b), Education Code; |
---|
1577 | 1577 | | (16) Chapter 49, Education Code; |
---|
1578 | 1578 | | (17) Section 3.005(d), Election Code; |
---|
1579 | 1579 | | (18) Section 4.008(b), Election Code; |
---|
1580 | 1580 | | (19) Sections 825.405(h) and (i), Government Code; |
---|
1581 | 1581 | | (20) Sections 21.02(b) and (c), Tax Code; |
---|
1582 | 1582 | | (21) Section 25.25(k), Tax Code; |
---|
1583 | 1583 | | (22) Sections 26.012(5) and (12), Tax Code; and |
---|
1584 | 1584 | | (23) Sections 26.08 and 26.085, Tax Code. |
---|
1585 | 1585 | | SECTION 1.69. (a) This article takes effect January 1, |
---|
1586 | 1586 | | 2025. |
---|
1587 | 1587 | | (b) Chapter 48, Education Code, as amended by this article, |
---|
1588 | 1588 | | applies beginning with the 2025-2026 school year. |
---|
1589 | 1589 | | (c) The repeal by this article of Chapter 49, Education |
---|
1590 | 1590 | | Code, does not affect the obligations of a school district under |
---|
1591 | 1591 | | that chapter, as it existed before repeal by this article, for the |
---|
1592 | 1592 | | 2023-2024 school year. |
---|
1593 | 1593 | | (d) This article does not affect ad valorem taxes imposed |
---|
1594 | 1594 | | before the effective date of this article, and the law in effect |
---|
1595 | 1595 | | before the effective date of this article is continued in effect for |
---|
1596 | 1596 | | purposes of the liability for and collection of those taxes and |
---|
1597 | 1597 | | penalties and interest on those taxes. |
---|
1598 | 1598 | | (e) To the extent of any conflict, this article prevails |
---|
1599 | 1599 | | over another Act of the 88th Legislature, Regular Session, 2023, |
---|
1600 | 1600 | | relating to nonsubstantive additions to and corrections in enacted |
---|
1601 | 1601 | | codes. |
---|
1602 | 1602 | | ARTICLE 2. STATE FUNDING FOR PUBLIC EDUCATION |
---|
1603 | 1603 | | SECTION 2.01. Section 151.051(b), Tax Code, is amended to |
---|
1604 | 1604 | | read as follows: |
---|
1605 | 1605 | | (b) The sales tax rate is 12 [6-1/4] percent of the sales |
---|
1606 | 1606 | | price of the taxable item sold. |
---|
1607 | 1607 | | SECTION 2.02. Section 151.801, Tax Code, is amended by |
---|
1608 | 1608 | | amending Subsection (a) and adding Subsection (b-1) to read as |
---|
1609 | 1609 | | follows: |
---|
1610 | 1610 | | (a) Except for the amounts allocated under Subsections (b), |
---|
1611 | 1611 | | (b-1), (c), (c-2), and (c-3), all proceeds from the collection of |
---|
1612 | 1612 | | the taxes imposed by this chapter shall be deposited to the credit |
---|
1613 | 1613 | | of the general revenue fund. |
---|
1614 | 1614 | | (b-1) Notwithstanding any other provision of this section, |
---|
1615 | 1615 | | an amount of revenue under this chapter equal to the proceeds, other |
---|
1616 | 1616 | | than the proceeds allocated under Subsection (b), derived from the |
---|
1617 | 1617 | | collection of taxes imposed by this chapter attributable to the |
---|
1618 | 1618 | | portion of the tax rate in excess of 6.25 percent of the sales price |
---|
1619 | 1619 | | of the taxable item sold shall be deposited to the credit of the |
---|
1620 | 1620 | | foundation school fund. |
---|
1621 | 1621 | | SECTION 2.03. Section 152.021(b), Tax Code, is amended to |
---|
1622 | 1622 | | read as follows: |
---|
1623 | 1623 | | (b) The tax rate is 12 [6-1/4] percent of the total |
---|
1624 | 1624 | | consideration. |
---|
1625 | 1625 | | SECTION 2.04. Section 152.022(b), Tax Code, is amended to |
---|
1626 | 1626 | | read as follows: |
---|
1627 | 1627 | | (b) The tax rate is 12 [6-1/4] percent of the total |
---|
1628 | 1628 | | consideration. |
---|
1629 | 1629 | | SECTION 2.05. Section 152.023(b-1), Tax Code, is amended to |
---|
1630 | 1630 | | read as follows: |
---|
1631 | 1631 | | (b-1) The tax on a motor vehicle eligible to be issued |
---|
1632 | 1632 | | exhibition vehicle specialty license plates under Section 504.502, |
---|
1633 | 1633 | | Transportation Code, is equal to the lesser of $90 or 12 [6.25] |
---|
1634 | 1634 | | percent of the total consideration. |
---|
1635 | 1635 | | SECTION 2.06. Section 152.026(b), Tax Code, is amended to |
---|
1636 | 1636 | | read as follows: |
---|
1637 | 1637 | | (b) The tax rate is 19 [10] percent of the gross rental |
---|
1638 | 1638 | | receipts from the rental of a rented motor vehicle for 30 days or |
---|
1639 | 1639 | | less and 12 [6-1/4] percent of the gross rental receipts from the |
---|
1640 | 1640 | | rental of a rented motor vehicle for longer than 30 days. |
---|
1641 | 1641 | | SECTION 2.07. Section 152.028(b), Tax Code, is amended to |
---|
1642 | 1642 | | read as follows: |
---|
1643 | 1643 | | (b) The tax rate is 12 [6-1/4] percent of the total |
---|
1644 | 1644 | | consideration. |
---|
1645 | 1645 | | SECTION 2.08. Section 152.122, Tax Code, is amended to read |
---|
1646 | 1646 | | as follows: |
---|
1647 | 1647 | | Sec. 152.122. ALLOCATION OF TAX. (a) The comptroller shall |
---|
1648 | 1648 | | deposit the funds received under Section 152.121 [of this code as |
---|
1649 | 1649 | | follows: |
---|
1650 | 1650 | | [(1) 1/4 to the credit of the foundation school |
---|
1651 | 1651 | | fund; and |
---|
1652 | 1652 | | [(2) the remaining funds] to the credit of the |
---|
1653 | 1653 | | general revenue fund. |
---|
1654 | 1654 | | (b) Notwithstanding Subsection (a), the comptroller shall |
---|
1655 | 1655 | | deposit to the credit of the foundation school fund an amount equal |
---|
1656 | 1656 | | to the amount of money that is: |
---|
1657 | 1657 | | (1) received by the comptroller under Sections |
---|
1658 | 1658 | | 152.043, 152.044, 152.045, 152.046, 152.047, and 152.121; |
---|
1659 | 1659 | | (2) derived from the taxes imposed under Sections |
---|
1660 | 1660 | | 152.021, 152.022, 152.023, 152.026, and 152.028; and |
---|
1661 | 1661 | | (3) attributable to an increase in the rate of a tax |
---|
1662 | 1662 | | described by Subdivision (2) effective October 1, 2024. |
---|
1663 | 1663 | | SECTION 2.09. The heading to Section 152.1222, Tax Code, is |
---|
1664 | 1664 | | amended to read as follows: |
---|
1665 | 1665 | | Sec. 152.1222. ALLOCATION OF CERTAIN TAX REVENUE TO |
---|
1666 | 1666 | | FOUNDATION SCHOOL [PROPERTY TAX RELIEF] FUND. |
---|
1667 | 1667 | | SECTION 2.10. Section 152.1222(a), Tax Code, is amended to |
---|
1668 | 1668 | | read as follows: |
---|
1669 | 1669 | | (a) Notwithstanding Section 152.122, the comptroller shall |
---|
1670 | 1670 | | deposit to the credit of the foundation school fund [property tax |
---|
1671 | 1671 | | relief fund under Section 403.109, Government Code,] the amount of |
---|
1672 | 1672 | | money received under Section 152.121 that is estimated to have been |
---|
1673 | 1673 | | derived from the computation of the tax imposed by this chapter on |
---|
1674 | 1674 | | the standard presumptive values of motor vehicles or on percentages |
---|
1675 | 1675 | | of those values as provided by Section 152.0412. |
---|
1676 | 1676 | | SECTION 2.11. Section 154.6035, Tax Code, is amended to |
---|
1677 | 1677 | | read as follows: |
---|
1678 | 1678 | | Sec. 154.6035. ALLOCATION OF CERTAIN REVENUE TO FOUNDATION |
---|
1679 | 1679 | | SCHOOL [PROPERTY TAX RELIEF] FUND. Notwithstanding Section |
---|
1680 | 1680 | | 154.603, all proceeds from the collection of taxes imposed by this |
---|
1681 | 1681 | | chapter attributable to the portion of the tax rate in excess of |
---|
1682 | 1682 | | $20.50 per thousand on cigarettes, regardless of weight, shall be |
---|
1683 | 1683 | | deposited to the credit of the foundation school fund [property tax |
---|
1684 | 1684 | | relief fund under Section 403.109, Government Code]. |
---|
1685 | 1685 | | SECTION 2.12. The heading to Section 155.2415, Tax Code, is |
---|
1686 | 1686 | | amended to read as follows: |
---|
1687 | 1687 | | Sec. 155.2415. ALLOCATION OF CERTAIN REVENUE TO FOUNDATION |
---|
1688 | 1688 | | SCHOOL [PROPERTY TAX RELIEF] FUND AND CERTAIN OTHER FUNDS. |
---|
1689 | 1689 | | SECTION 2.13. Section 155.2415(a), Tax Code, is amended to |
---|
1690 | 1690 | | read as follows: |
---|
1691 | 1691 | | (a) Notwithstanding Section 155.241, the proceeds from the |
---|
1692 | 1692 | | collection of taxes imposed by Section 155.0211 shall be allocated |
---|
1693 | 1693 | | as follows: |
---|
1694 | 1694 | | (1) the amount of the proceeds that is equal to the |
---|
1695 | 1695 | | amount that, if the taxes imposed by Section 155.0211 were imposed |
---|
1696 | 1696 | | at a rate of 40 percent of the manufacturer's list price, exclusive |
---|
1697 | 1697 | | of any trade discount, special discount, or deal, would be |
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1698 | 1698 | | attributable to the portion of that tax rate in excess of 35.213 |
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1699 | 1699 | | percent, shall be deposited to the credit of the foundation school |
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1700 | 1700 | | fund [property tax relief fund under Section 403.109, Government |
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1701 | 1701 | | Code]; |
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1702 | 1702 | | (2) the amount of the proceeds that is equal to the |
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1703 | 1703 | | amount that would be attributable to a tax rate of 35.213 percent of |
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1704 | 1704 | | the manufacturer's list price, exclusive of any trade discount, |
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1705 | 1705 | | special discount, or deal, if the taxes were imposed by Section |
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1706 | 1706 | | 155.0211 at that rate, shall be deposited to the credit of the |
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1707 | 1707 | | general revenue fund; and |
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1708 | 1708 | | (3) [100 percent of] the remaining proceeds shall be |
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1709 | 1709 | | deposited to the credit of: |
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1710 | 1710 | | (A) the physician education loan repayment |
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1711 | 1711 | | program account established under Subchapter J, Chapter 61, |
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1712 | 1712 | | Education Code; or |
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1713 | 1713 | | (B) the general revenue fund, if the comptroller |
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1714 | 1714 | | determines that the unencumbered beginning balance of the physician |
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1715 | 1715 | | education loan repayment account established under Subchapter J, |
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1716 | 1716 | | Chapter 61, Education Code, is sufficient to fund appropriations |
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1717 | 1717 | | and other direct and indirect costs from that account for the |
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1718 | 1718 | | fulfillment of existing and expected physician loan repayment |
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1719 | 1719 | | commitments during the current state fiscal biennium. |
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1720 | 1720 | | SECTION 2.14. The heading to Section 171.4011, Tax Code, is |
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1721 | 1721 | | amended to read as follows: |
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1722 | 1722 | | Sec. 171.4011. ALLOCATION OF CERTAIN REVENUE TO FOUNDATION |
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1723 | 1723 | | SCHOOL [PROPERTY TAX RELIEF] FUND. |
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1724 | 1724 | | SECTION 2.15. Section 171.4011(a), Tax Code, is amended to |
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1725 | 1725 | | read as follows: |
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1726 | 1726 | | (a) Notwithstanding Section 171.401, [beginning with the |
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1727 | 1727 | | state fiscal year that begins September 1, 2007,] the comptroller |
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1728 | 1728 | | shall, for each state fiscal year, deposit to the credit of the |
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1729 | 1729 | | foundation school fund [property tax relief fund under Section |
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1730 | 1730 | | 403.109, Government Code,] an amount of revenue calculated by: |
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1731 | 1731 | | (1) determining the revenue derived from the tax |
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1732 | 1732 | | imposed by this chapter as it applied during that [applicable] |
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1733 | 1733 | | state fiscal year; and |
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1734 | 1734 | | (2) subtracting the revenue the comptroller estimates |
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1735 | 1735 | | that the tax imposed by this chapter, as it existed on August 31, |
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1736 | 1736 | | 2007, would have generated if it had been in effect for that |
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1737 | 1737 | | [applicable] state fiscal year. |
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1738 | 1738 | | SECTION 2.16. The following provisions are repealed: |
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1739 | 1739 | | (1) Section 403.109, Government Code; and |
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1740 | 1740 | | (2) Section 171.664, Tax Code. |
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1741 | 1741 | | SECTION 2.17. (a) This article takes effect October 1, |
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1742 | 1742 | | 2024. |
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1743 | 1743 | | (b) On October 1, 2024, the property tax relief fund is |
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1744 | 1744 | | abolished and the unencumbered balance of that fund is transferred |
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1745 | 1745 | | to the foundation school fund. |
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1746 | 1746 | | (c) In addition to the substantive changes made by this |
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1747 | 1747 | | article, this article conforms Section 152.122, Tax Code, to the |
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1748 | 1748 | | method of allocating motor vehicle sales and use taxes in effect |
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1749 | 1749 | | before the effective date of this article. Section 11.04, Chapter 4 |
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1750 | 1750 | | (S.B. 3), Acts of the 72nd Legislature, 1st Called Session, 1991, |
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1751 | 1751 | | enacted former Section 403.094(h), Government Code, which |
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1752 | 1752 | | abolished certain state fund dedications and resulted in the |
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1753 | 1753 | | abolition of the allocation to the foundation school fund effective |
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1754 | 1754 | | August 31, 1995. |
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1755 | 1755 | | (d) The changes in law made by this article do not affect tax |
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1756 | 1756 | | liability accruing before the effective date of this article. That |
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1757 | 1757 | | liability continues in effect as if this article had not been |
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1758 | 1758 | | enacted, and the former law is continued in effect for the |
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1759 | 1759 | | collection of taxes due and for civil and criminal enforcement of |
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1760 | 1760 | | the liability for those taxes. |
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