Texas 2023 - 88th Regular

Texas Senate Bill SB1064 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Middleton S.B. No. 1064
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the school district property value study conducted by
7	7	the comptroller of public accounts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 403.3011(2), Government Code, is amended
10	10	to read as follows:
11	11	(2) "Eligible school district" means a school district
12	12	for which the comptroller has determined the following:
13	13	(A) in the most recent study, the local value is
14	14	invalid under Section 403.302(c) and does not exceed the state
15	15	value for the school district determined in the study;
16	16	(B) in the two studies preceding the most recent
17	17	study, the school district's local value was valid under Section
18	18	403.302(c);
19	19	(C) in the most recent study, the aggregate local
20	20	value of all of the categories of property sampled by the
21	21	comptroller is not less than 80 [90] percent of the lower limit of
22	22	the margin of error as determined by the comptroller of the
23	23	aggregate value as determined by the comptroller of all of the
24	24	categories of property sampled by the comptroller; and
25	25	(D) the appraisal district that appraises
26	26	property for the school district was in compliance with the scoring
27	27	requirement of the comptroller's most recent review of the
28	28	appraisal district conducted under Section 5.102, Tax Code.
29	29	SECTION 2. Sections 403.302(c)and (d), Government Code, is
30	30	amended to read as follows:
31	31	(c) If after conducting the study the comptroller
32	32	determines that the local value for a school district is valid, the
33	33	local value is presumed to represent taxable value for the school
34	34	district. In the absence of that presumption, taxable value for a
35	35	school district is the state value for the school district
36	36	determined by the comptroller under Subsections (a) and (b) unless
37	37	the local value exceeds the state value, in which case the taxable
38	38	value for the school district is the district's local value. In
39	39	determining whether the local value for a school district is valid,
40	40	the comptroller shall use a margin of error that does not exceed 10
41	41	[five] percent unless the comptroller determines that the size of
42	42	the sample of properties necessary to make the determination makes
43	43	the use of such a margin of error not feasible, in which case the
44	44	comptroller may use a larger margin of error.
45	45	(d) For the purposes of this section, "taxable value" means
46	46	the market value of all taxable property less:
47	47	(1) the total dollar amount of any residence homestead
48	48	exemptions lawfully granted under Section 11.13(b) or (c), Tax
49	49	Code, in the year that is the subject of the study for each school
50	50	district;
51	51	(2) one-half of the total dollar amount of any
52	52	residence homestead exemptions granted under Section 11.13(n), Tax
53	53	Code, in the year that is the subject of the study for each school
54	54	district;
55	55	(3) the total dollar amount of any exemptions granted
56	56	before May 31, 1993, within a reinvestment zone under agreements
57	57	authorized by Chapter 312, Tax Code;
58	58	(4) subject to Subsection (e), the total dollar amount
59	59	of any captured appraised value of property that:
60	60	(A) is within a reinvestment zone created on or
61	61	before May 31, 1999, or is proposed to be included within the
62	62	boundaries of a reinvestment zone as the boundaries of the zone and
63	63	the proposed portion of tax increment paid into the tax increment
64	64	fund by a school district are described in a written notification
65	65	provided by the municipality or the board of directors of the zone
66	66	to the governing bodies of the other taxing units in the manner
67	67	provided by former Section 311.003(e), Tax Code, before May 31,
68	68	1999, and within the boundaries of the zone as those boundaries
69	69	existed on September 1, 1999, including subsequent improvements to
70	70	the property regardless of when made;
71	71	(B) generates taxes paid into a tax increment
72	72	fund created under Chapter 311, Tax Code, under a reinvestment zone
73	73	financing plan approved under Section 311.011(d), Tax Code, on or
74	74	before September 1, 1999; and
75	75	(C) is eligible for tax increment financing under
76	76	Chapter 311, Tax Code;
77	77	(5) the total dollar amount of any captured appraised
78	78	value of property that:
79	79	(A) is within a reinvestment zone:
80	80	(i) created on or before December 31, 2008,
81	81	by a municipality with a population of less than 18,000; and
82	82	(ii) the project plan for which includes
83	83	the alteration, remodeling, repair, or reconstruction of a
84	84	structure that is included on the National Register of Historic
85	85	Places and requires that a portion of the tax increment of the zone
86	86	be used for the improvement or construction of related facilities
87	87	or for affordable housing;
88	88	(B) generates school district taxes that are paid
89	89	into a tax increment fund created under Chapter 311, Tax Code; and
90	90	(C) is eligible for tax increment financing under
91	91	Chapter 311, Tax Code;
92	92	(6) the total dollar amount of any exemptions granted
93	93	under Section 11.251 or 11.253, Tax Code;
94	94	(7) the difference between the comptroller's estimate
95	95	of the market value and the productivity value of land that
96	96	qualifies for appraisal on the basis of its productive capacity,
97	97	except that the productivity value estimated by the comptroller may
98	98	not exceed the fair market value of the land;
99	99	(8) the portion of the appraised value of residence
100	100	homesteads of individuals who receive a tax limitation under
101	101	Section 11.26, Tax Code, on which school district taxes are not
102	102	imposed in the year that is the subject of the study, calculated as
103	103	if the residence homesteads were appraised at the full value
104	104	required by law;
105	105	(9) a portion of the market value of property not
106	106	otherwise fully taxable by the district at market value because of
107	107	action required by statute, including Section 23.01(e), Tax Code,
108	108	or the constitution of this state, other than Section 11.311, Tax
109	109	Code, that, if the tax rate adopted by the district is applied to
110	110	it, produces an amount equal to the difference between the tax that
111	111	the district would have imposed on the property if the property were
112	112	fully taxable at market value and the tax that the district is
113	113	actually authorized to impose on the property, if this subsection
114	114	does not otherwise require that portion to be deducted;
115	115	(10) the market value of all tangible personal
116	116	property, other than manufactured homes, owned by a family or
117	117	individual and not held or used for the production of income;
118	118	(11) the appraised value of property the collection of
119	119	delinquent taxes on which is deferred under Section 33.06, Tax
120	120	Code;
121	121	(12) the portion of the appraised value of property
122	122	the collection of delinquent taxes on which is deferred under
123	123	Section 33.065, Tax Code;
124	124	(13) the amount by which the market value of a
125	125	residence homestead to which Section 23.23, Tax Code, applies
126	126	exceeds the appraised value of that property as calculated under
127	127	that section; and
128	128	(14) the total dollar amount of any exemptions granted
129	129	under Section 11.35, Tax Code
130	130	SECTION 3. The change in law made by this Act applies only
131	131	to the annual study conducted under Section 403.302, Government
132	132	Code, for a tax year that begins on or after January 1, 2024. The
133	133	annual study for a tax year that begins before that date is covered
134	134	by the law in effect immediately before the effective date of this
135	135	Act, and the prior law is continued in effect for that purpose.
136	136	SECTION 4. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2023.