15 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
16 | 10 | | ARTICLE 1. SHORT TITLE |
---|
17 | 11 | | SECTION 1.01. This Act may be cited as the Property Tax |
---|
18 | 12 | | Relief Act. |
---|
19 | 13 | | ARTICLE 2. SCHOOL DISTRICT TAX RATE COMPRESSION |
---|
20 | 14 | | SECTION 2.01. Subchapter F, Chapter 48, Education Code, is |
---|
21 | 15 | | amended by adding Sections 48.2555 and 48.283 to read as follows: |
---|
22 | 16 | | Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2023-2024 |
---|
23 | 17 | | SCHOOL YEAR. (a) Notwithstanding any other provision of this title |
---|
24 | 18 | | or Chapter 26, Tax Code, for the 2023-2024 school year, the |
---|
25 | 19 | | commissioner shall calculate the value of a school district's |
---|
26 | 20 | | maximum compressed tax rate by determining the district's maximum |
---|
27 | 21 | | compressed rate under Section 48.2551 or 48.2552(b), if applicable, |
---|
28 | 22 | | and reducing the tax rate determined under the applicable section |
---|
29 | 23 | | by $0.10. |
---|
30 | 24 | | (b) If a school district's maximum compressed tax rate as |
---|
31 | 25 | | calculated under Subsection (a) would be less than 90 percent of |
---|
32 | 26 | | another school district's maximum compressed tax rate under |
---|
33 | 27 | | Subsection (a), the district's maximum compressed tax rate is the |
---|
34 | 28 | | value at which the district's maximum compressed tax rate would be |
---|
35 | 29 | | equal to 90 percent of the other district's maximum compressed tax |
---|
36 | 30 | | rate. |
---|
37 | 31 | | (c) Notwithstanding any other provision of this title or |
---|
38 | 32 | | Chapter 26, Tax Code, for purposes of determining funding for |
---|
39 | 33 | | school districts for the 2023-2024 school year, a reference in any |
---|
40 | 34 | | of the following provisions of law to a school district's maximum |
---|
41 | 35 | | compressed tax rate or maximum compressed rate as determined under |
---|
42 | 36 | | Section 48.2551 means the maximum compressed tax rate determined |
---|
43 | 37 | | for the district under this section: |
---|
44 | 38 | | (1) Section 13.054(f); |
---|
45 | 39 | | (2) Section 45.003(d); |
---|
46 | 40 | | (3) Section 45.0032(a); |
---|
47 | 41 | | (4) Section 48.051(a); |
---|
48 | 42 | | (5) Sections 48.2553(a) and (e); and |
---|
49 | 43 | | (6) Section 26.08(n), Tax Code. |
---|
50 | 44 | | (d) For purposes of Section 30.003(f-1), a reference in that |
---|
51 | 45 | | section to Section 48.2551 includes this section. |
---|
52 | 46 | | (e) Notwithstanding any other provision of this title, for |
---|
53 | 47 | | purposes of determining a school district's maximum compressed tax |
---|
54 | 48 | | rate under Section 48.2551 for the 2024-2025 school year, the value |
---|
55 | 49 | | of the district's "PYMCR" is the maximum compressed tax rate |
---|
56 | 50 | | determined for the district under this section for the preceding |
---|
57 | 51 | | school year. |
---|
58 | 52 | | (f) This section expires September 1, 2025. |
---|
59 | 53 | | Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS |
---|
60 | 54 | | IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025 |
---|
61 | 55 | | school years, a school district that received an adjustment under |
---|
62 | 56 | | Section 48.257(b) for the 2022-2023 school year is entitled to |
---|
63 | 57 | | additional state aid in an amount equal to the difference, if the |
---|
64 | 58 | | difference is greater than zero, between: |
---|
65 | 59 | | (1) the amount of state and local revenue that would |
---|
66 | 60 | | have been available to the district under this chapter and Chapter |
---|
67 | 61 | | 49 for the current school year if the district's maximum compressed |
---|
68 | 62 | | tax rate had not been reduced under Section 48.2555, as added by |
---|
69 | 63 | | S.B. 1, Acts of the 88th Legislature, 1st Called Session, 2023; and |
---|
70 | 64 | | (2) the amount of state and local revenue available to |
---|
71 | 65 | | the district under this chapter and Chapter 49 for the current |
---|
72 | 66 | | school year. |
---|
73 | 67 | | (b) This section expires September 1, 2026. |
---|
74 | 68 | | ARTICLE 3. SCHOOL DISTRICT RESIDENCE HOMESTEAD EXEMPTION |
---|
75 | 69 | | SECTION 3.01. Section 11.13(b), Tax Code, is amended to |
---|
76 | 70 | | read as follows: |
---|
77 | 71 | | (b) An adult is entitled to exemption from taxation by a |
---|
78 | 72 | | school district of $100,000 [$40,000] of the appraised value of the |
---|
79 | 73 | | adult's residence homestead, except that only $5,000 of the |
---|
80 | 74 | | exemption applies to an entity operating under former Chapter 17, |
---|
81 | 75 | | 18, 25, 26, 27, or 28, Education Code, as those chapters existed on |
---|
82 | 76 | | May 1, 1995, as permitted by Section 11.301, Education Code. |
---|
83 | 77 | | SECTION 3.02. Section 11.26, Tax Code, is amended by |
---|
84 | 78 | | amending Subsections (a), (a-10), and (o) and adding Subsections |
---|
85 | 79 | | (a-11) and (a-12) to read as follows: |
---|
86 | 80 | | (a) The tax officials shall appraise the property to which |
---|
87 | 81 | | this section applies and calculate taxes as on other property, but |
---|
88 | 82 | | if the tax so calculated exceeds the limitation imposed by this |
---|
89 | 83 | | section, the tax imposed is the amount of the tax as limited by this |
---|
90 | 84 | | section, except as otherwise provided by this section. A school |
---|
91 | 85 | | district may not increase the total annual amount of ad valorem tax |
---|
92 | 86 | | it imposes on the residence homestead of an individual 65 years of |
---|
93 | 87 | | age or older or on the residence homestead of an individual who is |
---|
94 | 88 | | disabled, as defined by Section 11.13, above the amount of the tax |
---|
95 | 89 | | it imposed in the first tax year in which the individual qualified |
---|
96 | 90 | | that residence homestead for the applicable exemption provided by |
---|
97 | 91 | | Section 11.13(c) for an individual who is 65 years of age or older |
---|
98 | 92 | | or is disabled. If the individual qualified that residence |
---|
99 | 93 | | homestead for the exemption after the beginning of that first year |
---|
100 | 94 | | and the residence homestead remains eligible for the same exemption |
---|
101 | 95 | | for the next year, and if the school district taxes imposed on the |
---|
102 | 96 | | residence homestead in the next year are less than the amount of |
---|
103 | 97 | | taxes imposed in that first year, a school district may not |
---|
104 | 98 | | subsequently increase the total annual amount of ad valorem taxes |
---|
105 | 99 | | it imposes on the residence homestead above the amount it imposed in |
---|
106 | 100 | | the year immediately following the first year for which the |
---|
107 | 101 | | individual qualified that residence homestead for the same |
---|
108 | 102 | | exemption, except as provided by Subsection (b). [If the first tax |
---|
109 | 103 | | year the individual qualified the residence homestead for the |
---|
110 | 104 | | exemption provided by Section 11.13(c) for individuals 65 years of |
---|
111 | 105 | | age or older or disabled was a tax year before the 2015 tax year, the |
---|
112 | 106 | | amount of the limitation provided by this section is the amount of |
---|
113 | 107 | | tax the school district imposed for the 2014 tax year less an amount |
---|
114 | 108 | | equal to the amount determined by multiplying $10,000 times the tax |
---|
115 | 109 | | rate of the school district for the 2015 tax year, plus any 2015 tax |
---|
116 | 110 | | attributable to improvements made in 2014, other than improvements |
---|
117 | 111 | | made to comply with governmental regulations or repairs.] |
---|
118 | 112 | | (a-10) Notwithstanding the other provisions of this |
---|
119 | 113 | | section, if in the 2024 or a subsequent tax year an individual |
---|
120 | 114 | | qualifies for a limitation on tax increases provided by this |
---|
121 | 115 | | section on the individual's residence homestead, the amount of the |
---|
122 | 116 | | limitation provided by this section on the homestead is equal to the |
---|
123 | 117 | | amount computed by: |
---|
124 | 118 | | (1) multiplying the taxable value of the homestead in |
---|
125 | 119 | | the preceding tax year by a tax rate equal to the difference between |
---|
126 | 120 | | the school district's maximum compressed rate for the preceding tax |
---|
127 | 121 | | year and the district's maximum compressed rate for the current tax |
---|
128 | 122 | | year; |
---|
129 | 123 | | (2) subtracting the amount computed under Subdivision |
---|
130 | 124 | | (1) from the amount of tax the district imposed on the homestead in |
---|
131 | 125 | | the preceding tax year; [and] |
---|
132 | 126 | | (3) adding any tax imposed in the current tax year |
---|
133 | 127 | | attributable to improvements made in the preceding tax year as |
---|
134 | 128 | | provided by Subsection (b) to the amount computed under Subdivision |
---|
135 | 129 | | (2); |
---|
136 | 130 | | (4) multiplying the amount of any increase in the |
---|
137 | 131 | | current tax year as compared to the preceding tax year in the |
---|
138 | 132 | | aggregate amount of the exemptions to which the individual is |
---|
139 | 133 | | entitled under Sections 11.13(b) and (c) by the school district's |
---|
140 | 134 | | tax rate for the current tax year; and |
---|
141 | 135 | | (5) subtracting the amount computed under Subdivision |
---|
142 | 136 | | (4) from the amount computed under Subdivision (3). |
---|
143 | 137 | | (a-11) This subsection applies only to an individual who in |
---|
144 | 138 | | the 2023 tax year qualifies for a limitation under this section and |
---|
145 | 139 | | for whom the 2022 tax year or an earlier tax year was the first tax |
---|
146 | 140 | | year the individual or the individual's spouse qualified for an |
---|
147 | 141 | | exemption under Section 11.13(c). The amount of the limitation |
---|
148 | 142 | | provided by this section on the residence homestead of an |
---|
149 | 143 | | individual to which this subsection applies for the 2023 tax year is |
---|
150 | 144 | | the amount of the limitation as computed under Subsection (a-5), |
---|
151 | 145 | | (a-6), (a-7), (a-8), or (a-9) of this section, as applicable, less |
---|
152 | 146 | | an amount equal to the product of $60,000 and the tax rate of the |
---|
153 | 147 | | school district for the 2023 tax year. This subsection expires |
---|
154 | 148 | | January 1, 2025. |
---|
155 | 149 | | (a-12) This subsection applies only to an individual who in |
---|
156 | 150 | | the 2023 tax year qualifies for a limitation under this section and |
---|
157 | 151 | | for whom the 2021 tax year or an earlier tax year was the first tax |
---|
158 | 152 | | year the individual or the individual's spouse qualified for an |
---|
159 | 153 | | exemption under Section 11.13(c). The amount of the limitation |
---|
160 | 154 | | provided by this section on the residence homestead of an |
---|
161 | 155 | | individual to which this subsection applies for the 2023 tax year is |
---|
162 | 156 | | the amount of the limitation as computed under Subsection (a-11) of |
---|
163 | 157 | | this section less an amount equal to the product of $15,000 and the |
---|
164 | 158 | | tax rate of the school district for the 2022 tax year. This |
---|
165 | 159 | | subsection expires January 1, 2025. |
---|
166 | 160 | | (o) Notwithstanding Subsections (a)[, (a-3),] and (b), an |
---|
167 | 161 | | improvement to property that would otherwise constitute an |
---|
168 | 162 | | improvement under Subsection (b) is not treated as an improvement |
---|
169 | 163 | | under that subsection if the improvement is a replacement structure |
---|
170 | 164 | | for a structure that was rendered uninhabitable or unusable by a |
---|
171 | 165 | | casualty or by wind or water damage. For purposes of appraising the |
---|
172 | 166 | | property in the tax year in which the structure would have |
---|
173 | 167 | | constituted an improvement under Subsection (b), the replacement |
---|
174 | 168 | | structure is considered to be an improvement under that subsection |
---|
175 | 169 | | only if: |
---|
176 | 170 | | (1) the square footage of the replacement structure |
---|
177 | 171 | | exceeds that of the replaced structure as that structure existed |
---|
178 | 172 | | before the casualty or damage occurred; or |
---|
179 | 173 | | (2) the exterior of the replacement structure is of |
---|
180 | 174 | | higher quality construction and composition than that of the |
---|
181 | 175 | | replaced structure. |
---|
182 | 176 | | SECTION 3.03. Section 46.071, Education Code, is amended by |
---|
183 | 177 | | amending Subsections (a-1) and (b-1) and adding Subsections (a-2), |
---|
184 | 178 | | (b-2), and (c-2) to read as follows: |
---|
185 | 179 | | (a-1) For [Beginning with] the 2022-2023 school year, a |
---|
186 | 180 | | school district is entitled to additional state aid under this |
---|
187 | 181 | | subchapter to the extent that state and local revenue used to |
---|
188 | 182 | | service debt eligible under this chapter is less than the state and |
---|
189 | 183 | | local revenue that would have been available to the district under |
---|
190 | 184 | | this chapter as it existed on September 1, 2021, if any increase in |
---|
191 | 185 | | the residence homestead exemption under Section 1-b(c), Article |
---|
192 | 186 | | VIII, Texas Constitution, as proposed by the 87th Legislature, 3rd |
---|
193 | 187 | | Called Session, 2021, had not occurred. |
---|
194 | 188 | | (a-2) Beginning with the 2023-2024 school year, a school |
---|
195 | 189 | | district is entitled to additional state aid under this subchapter |
---|
196 | 190 | | to the extent that state and local revenue used to service debt |
---|
197 | 191 | | eligible under this chapter is less than the state and local revenue |
---|
198 | 192 | | that would have been available to the district under this chapter as |
---|
199 | 193 | | it existed on September 1, 2022, if any increase in a residence |
---|
200 | 194 | | homestead exemption under Section 1-b(c), Article VIII, Texas |
---|
201 | 195 | | Constitution, and any additional limitation on tax increases under |
---|
202 | 196 | | Section 1-b(d) of that article as proposed by the 88th Legislature, |
---|
203 | 197 | | 1st Called Session, 2023, had not occurred. |
---|
204 | 198 | | (b-1) Subject to Subsections (c-1), (d), and (e), |
---|
205 | 199 | | additional state aid under this section for [beginning with] the |
---|
206 | 200 | | 2022-2023 school year is equal to the amount by which the loss of |
---|
207 | 201 | | local interest and sinking revenue for debt service attributable to |
---|
208 | 202 | | any increase in the residence homestead exemption under Section |
---|
209 | 203 | | 1-b(c), Article VIII, Texas Constitution, as proposed by the 87th |
---|
210 | 204 | | Legislature, 3rd Called Session, 2021, is not offset by a gain in |
---|
211 | 205 | | state aid under this chapter. |
---|
212 | 206 | | (b-2) Subject to Subsections (c-2), (d), and (e), |
---|
213 | 207 | | additional state aid under this section beginning with the |
---|
214 | 208 | | 2023-2024 school year is equal to the amount by which the loss of |
---|
215 | 209 | | local interest and sinking revenue for debt service attributable to |
---|
216 | 210 | | any increase in a residence homestead exemption under Section |
---|
217 | 211 | | 1-b(c), Article VIII, Texas Constitution, and any additional |
---|
218 | 212 | | limitation on tax increases under Section 1-b(d) of that article as |
---|
219 | 213 | | proposed by the 88th Legislature, 1st Called Session, 2023, is not |
---|
220 | 214 | | offset by a gain in state aid under this chapter. |
---|
221 | 215 | | (c-2) For the purpose of determining state aid under |
---|
222 | 216 | | Subsections (a-2) and (b-2), local interest and sinking revenue for |
---|
223 | 217 | | debt service is limited to revenue required to service debt |
---|
224 | 218 | | eligible under this chapter as of September 1, 2023, including |
---|
225 | 219 | | refunding of that debt, subject to Section 46.061. The limitation |
---|
226 | 220 | | imposed by Section 46.034(a) does not apply for the purpose of |
---|
227 | 221 | | determining state aid under this section. |
---|
228 | 222 | | SECTION 3.04. Section 48.2542, Education Code, is amended |
---|
229 | 223 | | to read as follows: |
---|
230 | 224 | | Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF |
---|
231 | 225 | | LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED. |
---|
232 | 226 | | Notwithstanding any other provision of this chapter, if a school |
---|
233 | 227 | | district is not fully compensated through state aid or the |
---|
234 | 228 | | calculation of excess local revenue under this chapter based on the |
---|
235 | 229 | | determination of the district's taxable value of property under |
---|
236 | 230 | | Subchapter M, Chapter 403, Government Code, the district is |
---|
237 | 231 | | entitled to additional state aid in the amount necessary to fully |
---|
238 | 232 | | compensate the district for the amount of ad valorem tax revenue |
---|
239 | 233 | | lost due to a reduction of the amount of the limitation on tax |
---|
240 | 234 | | increases provided by Sections 11.26(a-4), (a-5), (a-6), (a-7), |
---|
241 | 235 | | (a-8), (a-9), [and] (a-10), (a-11), and (a-12), Tax Code, as |
---|
242 | 236 | | applicable. |
---|
243 | 237 | | SECTION 3.05. Effective January 1, 2025, Section 48.2542, |
---|
244 | 238 | | Education Code, is amended to read as follows: |
---|
245 | 239 | | Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF |
---|
246 | 240 | | LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED. |
---|
247 | 241 | | Notwithstanding any other provision of this chapter, if a school |
---|
248 | 242 | | district is not fully compensated through state aid or the |
---|
249 | 243 | | calculation of excess local revenue under this chapter based on the |
---|
250 | 244 | | determination of the district's taxable value of property under |
---|
251 | 245 | | Subchapter M, Chapter 403, Government Code, the district is |
---|
252 | 246 | | entitled to additional state aid in the amount necessary to fully |
---|
253 | 247 | | compensate the district for the amount of ad valorem tax revenue |
---|
254 | 248 | | lost due to a reduction of the amount of the limitation on tax |
---|
255 | 249 | | increases provided by Section 11.26(a-10) [Sections 11.26(a-4), |
---|
256 | 250 | | (a-5), (a-6), (a-7), (a-8), (a-9), and (a-10)], Tax Code[, as |
---|
257 | 251 | | applicable]. |
---|
258 | 252 | | SECTION 3.06. Section 48.2543, Education Code, is amended |
---|
259 | 253 | | to read as follows: |
---|
260 | 254 | | Sec. 48.2543. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION. |
---|
261 | 255 | | (a) For [Beginning with] the 2022-2023 school year, a school |
---|
262 | 256 | | district is entitled to additional state aid to the extent that |
---|
263 | 257 | | state and local revenue under this chapter and Chapter 49 is less |
---|
264 | 258 | | than the state and local revenue that would have been available to |
---|
265 | 259 | | the district under this chapter and Chapter 49 as those chapters |
---|
266 | 260 | | existed on September 1, 2021, if any increase in the residence |
---|
267 | 261 | | homestead exemption under Section 1-b(c), Article VIII, Texas |
---|
268 | 262 | | Constitution, as proposed by the 87th Legislature, 3rd Called |
---|
269 | 263 | | Session, 2021, had not occurred. |
---|
270 | 264 | | (a-1) Beginning with the 2023-2024 school year, a school |
---|
271 | 265 | | district is entitled to additional state aid to the extent that |
---|
272 | 266 | | state and local revenue under this chapter and Chapter 49 is less |
---|
273 | 267 | | than the state and local revenue that would have been available to |
---|
274 | 268 | | the district under this chapter and Chapter 49 as those chapters |
---|
275 | 269 | | existed on September 1, 2022, if any increase in a residence |
---|
276 | 270 | | homestead exemption under Section 1-b(c), Article VIII, Texas |
---|
277 | 271 | | Constitution, and any additional limitation on tax increases under |
---|
278 | 272 | | Section 1-b(d) of that article as proposed by the 88th Legislature, |
---|
279 | 273 | | 1st Called Session, 2023, had not occurred. |
---|
280 | 274 | | (b) The lesser of the school district's currently adopted |
---|
281 | 275 | | maintenance and operations tax rate or the adopted maintenance and |
---|
282 | 276 | | operations tax rate for: |
---|
283 | 277 | | (1) the 2021 tax year is used for the purpose of |
---|
284 | 278 | | determining additional state aid under Subsection (a); and |
---|
285 | 279 | | (2) the 2022 tax year is used for the purpose of |
---|
286 | 280 | | determining additional state aid under Subsection (a-1). |
---|
287 | 281 | | SECTION 3.07. Section 48.2556(a), Education Code, is |
---|
288 | 282 | | amended to read as follows: |
---|
289 | 283 | | (a) The agency shall post the following information on the |
---|
290 | 284 | | agency's Internet website for purposes of allowing the chief |
---|
291 | 285 | | appraiser of each appraisal district and the assessor for each |
---|
292 | 286 | | school district to make the calculations required by Sections |
---|
293 | 287 | | 11.26(a-5), (a-6), (a-7), (a-8), (a-9), [and] (a-10), (a-11), and |
---|
294 | 288 | | (a-12), Tax Code: |
---|
295 | 289 | | (1) each school district's maximum compressed rate, as |
---|
296 | 290 | | determined under Section 48.2551, for each tax year beginning with |
---|
297 | 291 | | the 2019 tax year; and |
---|
298 | 292 | | (2) each school district's tier one maintenance and |
---|
299 | 293 | | operations tax rate, as provided by Section 45.0032(a), for the |
---|
300 | 294 | | 2018 tax year. |
---|
301 | 295 | | SECTION 3.08. Effective January 1, 2025, Section |
---|
302 | 296 | | 48.2556(a), Education Code, is amended to read as follows: |
---|
303 | 297 | | (a) For purposes of allowing the chief appraiser of each |
---|
304 | 298 | | appraisal district and the assessor for each school district to |
---|
305 | 299 | | make the calculations required by Section 11.26(a-10), Tax Code, |
---|
306 | 300 | | the [The] agency shall post [the following information] on the |
---|
307 | 301 | | agency's Internet website [for purposes of allowing the chief |
---|
308 | 302 | | appraiser of each appraisal district and the assessor for each |
---|
309 | 303 | | school district to make the calculations required by Sections |
---|
310 | 304 | | 11.26(a-5), (a-6), (a-7), (a-8), (a-9), and (a-10), Tax Code: |
---|
311 | 305 | | [(1)] each school district's maximum compressed rate, |
---|
312 | 306 | | as determined under Section 48.2551, for the current [each] tax |
---|
313 | 307 | | year and the preceding [beginning with the 2019] tax year[; and |
---|
314 | 308 | | [(2) each school district's tier one maintenance and |
---|
315 | 309 | | operations tax rate, as provided by Section 45.0032(a), for the |
---|
316 | 310 | | 2018 tax year]. |
---|
317 | 311 | | SECTION 3.09. Section 49.004, Education Code, is amended by |
---|
318 | 312 | | adding Subsections (a-1), (b-1), and (c-1) to read as follows: |
---|
319 | 313 | | (a-1) This subsection applies only if the constitutional |
---|
320 | 314 | | amendment proposed by S.J.R. 1, 88th Legislature, 1st Called |
---|
321 | 315 | | Session, 2023, is approved by the voters in an election held for |
---|
322 | 316 | | that purpose. As soon as practicable after receiving revised |
---|
323 | 317 | | property values that reflect adoption of the constitutional |
---|
324 | 318 | | amendment, the commissioner shall review the local revenue level of |
---|
325 | 319 | | districts in the state and revise as necessary the notifications |
---|
326 | 320 | | provided under Subsection (a) for the 2023-2024 school year. This |
---|
327 | 321 | | subsection expires September 1, 2024. |
---|
328 | 322 | | (b-1) This subsection applies only to a district that has |
---|
329 | 323 | | not previously held an election under this chapter. Notwithstanding |
---|
330 | 324 | | Subsection (b), a district that enters into an agreement to |
---|
331 | 325 | | exercise an option to reduce the district's local revenue level in |
---|
332 | 326 | | excess of entitlement under Section 49.002(3), (4), or (5) for the |
---|
333 | 327 | | 2023-2024 school year may request and, as provided by Section |
---|
334 | 328 | | 49.0042(a), receive approval from the commissioner to delay the |
---|
335 | 329 | | date of the election otherwise required to be ordered before |
---|
336 | 330 | | September 1. This subsection expires September 1, 2024. |
---|
337 | 331 | | (c-1) Notwithstanding Subsection (c), a district that |
---|
338 | 332 | | receives approval from the commissioner to delay an election as |
---|
339 | 333 | | provided by Subsection (b-1) may adopt a tax rate for the 2023 tax |
---|
340 | 334 | | year before the commissioner certifies that the district has |
---|
341 | 335 | | reduced its local revenue level to the level established by Section |
---|
342 | 336 | | 48.257. This subsection expires September 1, 2024. |
---|
343 | 337 | | SECTION 3.10. Subchapter A, Chapter 49, Education Code, is |
---|
344 | 338 | | amended by adding Section 49.0042 to read as follows: |
---|
345 | 339 | | Sec. 49.0042. TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD |
---|
346 | 340 | | EXEMPTIONS AND LIMITATION ON TAX INCREASES. (a) The commissioner |
---|
347 | 341 | | shall approve a district's request under Section 49.004(b-1) to |
---|
348 | 342 | | delay the date of an election required under this chapter if the |
---|
349 | 343 | | commissioner determines that the district would not have a local |
---|
350 | 344 | | revenue level in excess of entitlement if the constitutional |
---|
351 | 345 | | amendment proposed by S.J.R. 1, 88th Legislature, 1st Called |
---|
352 | 346 | | Session, 2023, were approved by the voters. |
---|
353 | 347 | | (b) The commissioner shall set a date by which each district |
---|
354 | 348 | | that receives approval under this section must order the election. |
---|
355 | 349 | | (c) Not later than the 2024-2025 school year, the |
---|
356 | 350 | | commissioner shall order detachment and annexation of property |
---|
357 | 351 | | under Subchapter G or consolidation under Subchapter H as necessary |
---|
358 | 352 | | to reduce the district's local revenue level to the level |
---|
359 | 353 | | established by Section 48.257 for a district that receives approval |
---|
360 | 354 | | under this section and subsequently: |
---|
361 | 355 | | (1) fails to hold the election; or |
---|
362 | 356 | | (2) does not receive voter approval at the election. |
---|
363 | 357 | | (d) This section expires September 1, 2025. |
---|
364 | 358 | | SECTION 3.11. Subchapter A, Chapter 49, Education Code, is |
---|
365 | 359 | | amended by adding Section 49.0121 to read as follows: |
---|
366 | 360 | | Sec. 49.0121. TRANSITIONAL ELECTION DATES. (a) This |
---|
367 | 361 | | section applies only to an election under this chapter that occurs |
---|
368 | 362 | | during the 2023-2024 school year. |
---|
369 | 363 | | (b) Section 49.012 does not apply to a district that |
---|
370 | 364 | | receives approval of a request under Section 49.0042. The district |
---|
371 | 365 | | shall hold the election on a Tuesday or Saturday on or before a date |
---|
372 | 366 | | specified by the commissioner. Section 41.001, Election Code, does |
---|
373 | 367 | | not apply to the election. |
---|
374 | 368 | | (c) This section expires September 1, 2024. |
---|
375 | 369 | | SECTION 3.12. Section 49.154, Education Code, is amended by |
---|
376 | 370 | | adding Subsections (a-2) and (a-3) to read as follows: |
---|
377 | 371 | | (a-2) Notwithstanding Subsections (a) and (a-1), a district |
---|
378 | 372 | | that receives approval of a request under Section 49.0042 shall pay |
---|
379 | 373 | | for credit purchased: |
---|
380 | 374 | | (1) in equal monthly payments as determined by the |
---|
381 | 375 | | commissioner beginning March 15, 2024, and ending August 15, 2024; |
---|
382 | 376 | | or |
---|
383 | 377 | | (2) in the manner provided by Subsection (a)(2), |
---|
384 | 378 | | provided that the district notifies the commissioner of the |
---|
385 | 379 | | district's election to pay in that manner not later than March 15, |
---|
386 | 380 | | 2024. |
---|
387 | 381 | | (a-3) Subsection (a-2) and this subsection expire September |
---|
388 | 382 | | 1, 2024. |
---|
389 | 383 | | SECTION 3.13. Section 49.308, Education Code, is amended by |
---|
390 | 384 | | adding Subsection (a-1) to read as follows: |
---|
391 | 385 | | (a-1) Notwithstanding Subsection (a), for the 2023-2024 |
---|
392 | 386 | | school year, the commissioner shall order any detachments and |
---|
393 | 387 | | annexations of property under this subchapter as soon as |
---|
394 | 388 | | practicable after the canvass of the votes on the constitutional |
---|
395 | 389 | | amendment proposed by S.J.R. 1, 88th Legislature, 1st Called |
---|
396 | 390 | | Session, 2023. This subsection expires September 1, 2024. |
---|
397 | 391 | | SECTION 3.14. Section 403.302, Government Code, is amended |
---|
398 | 392 | | by amending Subsection (j-1) and adding Subsection (j-2) to read as |
---|
399 | 393 | | follows: |
---|
400 | 394 | | (j-1) In the final certification of the study under |
---|
401 | 395 | | Subsection (j), the comptroller shall separately identify the final |
---|
402 | 396 | | taxable value for each school district as adjusted to account for |
---|
403 | 397 | | the reduction of the amount of the limitation on tax increases |
---|
404 | 398 | | provided by Section 11.26(a-10) [Sections 11.26(a-4), (a-5), |
---|
405 | 399 | | (a-6), (a-7), (a-8), (a-9), and (a-10)], Tax Code[, as applicable]. |
---|
406 | 400 | | (j-2) In the final certification of the study under |
---|
407 | 401 | | Subsection (j), the comptroller shall separately identify the final |
---|
408 | 402 | | taxable value for each school district as adjusted to account for |
---|
409 | 403 | | the reduction of the amount of the limitation on tax increases |
---|
410 | 404 | | provided by Sections 11.26(a-5), (a-6), (a-7), (a-8), (a-9), |
---|
411 | 405 | | (a-10), (a-11), and (a-12), Tax Code. This subsection expires |
---|
412 | 406 | | January 1, 2025. |
---|
413 | 407 | | SECTION 3.15. Section 25.23, Tax Code, is amended by adding |
---|
414 | 408 | | Subsection (a-1) to read as follows: |
---|
415 | 409 | | (a-1) This subsection applies only to the appraisal records |
---|
416 | 410 | | for the 2023 tax year. The chief appraiser shall prepare |
---|
417 | 411 | | supplemental appraisal records to account for the changes in law |
---|
418 | 412 | | made by S.B. 1, Acts of the 88th Legislature, 1st Called Session, |
---|
419 | 413 | | 2023. This subsection expires December 31, 2024. |
---|
420 | 414 | | SECTION 3.16. Section 26.04, Tax Code, is amended by adding |
---|
421 | 415 | | Subsections (a-1) and (c-1) to read as follows: |
---|
422 | 416 | | (a-1) On receipt of the appraisal roll for the 2023 tax |
---|
423 | 417 | | year, the assessor for a school district shall determine the total |
---|
424 | 418 | | taxable value of property taxable by the district and the taxable |
---|
425 | 419 | | value of new property as if the changes in law made by S.B. 1, Acts |
---|
426 | 420 | | of the 88th Legislature, 1st Called Session, 2023, were in effect |
---|
427 | 421 | | for that tax year. This subsection expires December 31, 2024. |
---|
428 | 422 | | (c-1) An officer or employee designated by the governing |
---|
429 | 423 | | body of a school district shall calculate the no-new-revenue tax |
---|
430 | 424 | | rate and the voter-approval tax rate of the district for the 2023 |
---|
431 | 425 | | tax year as if the changes in law made by S.B. 1, Acts of the 88th |
---|
432 | 426 | | Legislature, 1st Called Session, 2023, were in effect for that tax |
---|
433 | 427 | | year. This subsection expires December 31, 2024. |
---|
434 | 428 | | SECTION 3.17. Section 26.08, Tax Code, is amended by adding |
---|
435 | 429 | | Subsection (q) to read as follows: |
---|
436 | 430 | | (q) For purposes of this section, the voter-approval tax |
---|
437 | 431 | | rate of a school district for the 2023 tax year shall be calculated |
---|
438 | 432 | | as if the changes in law made by S.B. 1, Acts of the 88th |
---|
439 | 433 | | Legislature, 1st Called Session, 2023, were in effect for that tax |
---|
440 | 434 | | year. This subsection expires December 31, 2024. |
---|
441 | 435 | | SECTION 3.18. Section 26.09, Tax Code, is amended by adding |
---|
442 | 436 | | Subsection (c-1) to read as follows: |
---|
443 | 437 | | (c-1) The assessor for a school district shall calculate the |
---|
444 | 438 | | amount of tax imposed by the district on a residence homestead for |
---|
445 | 439 | | the 2023 tax year as if the changes in law made by S.B. 1, Acts of |
---|
446 | 440 | | the 88th Legislature, 1st Called Session, 2023, were in effect for |
---|
447 | 441 | | that tax year and also as if the changes in law made by that Act were |
---|
448 | 442 | | not in effect for that tax year. This subsection expires December |
---|
449 | 443 | | 31, 2024. |
---|
450 | 444 | | SECTION 3.19. Section 26.15, Tax Code, is amended by adding |
---|
451 | 445 | | Subsection (h) to read as follows: |
---|
452 | 446 | | (h) The assessor for a school district shall correct the tax |
---|
453 | 447 | | roll for the district for the 2023 tax year to reflect the results |
---|
454 | 448 | | of the election to approve the constitutional amendment proposed by |
---|
455 | 449 | | S.J.R. 1, 88th Legislature, 1st Called Session, 2023. This |
---|
456 | 450 | | subsection expires December 31, 2024. |
---|
457 | 451 | | SECTION 3.20. Section 31.01, Tax Code, is amended by adding |
---|
458 | 452 | | Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows: |
---|
459 | 453 | | (d-2) This subsection and Subsections (d-3) and (d-4) apply |
---|
460 | 454 | | only to taxes imposed by a school district on a residence homestead |
---|
461 | 455 | | for the 2023 tax year and only if the changes in law made by S.B. 1, |
---|
462 | 456 | | Acts of the 88th Legislature, 1st Called Session, 2023, would lower |
---|
463 | 457 | | the taxes imposed by the district on the property for that tax year. |
---|
464 | 458 | | The assessor for the district shall compute the amount of taxes |
---|
465 | 459 | | imposed and the other information required by this section as if the |
---|
466 | 460 | | changes in law made by S.B. 1, Acts of the 88th Legislature, 1st |
---|
467 | 461 | | Called Session, 2023, were in effect for that tax year. The tax |
---|
468 | 462 | | bill or the separate statement must indicate that the bill is a |
---|
469 | 463 | | provisional tax bill and include a statement in substantially the |
---|
470 | 464 | | following form: |
---|
471 | 465 | | "If the Texas Legislature had not enacted property tax relief |
---|
472 | 466 | | legislation during the 2023 legislative session, your tax bill |
---|
473 | 467 | | would have been $____ (insert amount of tax bill if the changes in |
---|
474 | 468 | | law made by S.B. 1, Acts of the 88th Legislature, 1st Called |
---|
475 | 469 | | Session, 2023, were not in effect for that tax year). Because of |
---|
476 | 470 | | action by the Texas Legislature, your tax bill has been lowered by |
---|
477 | 471 | | $____ (insert difference between amount of tax bill if the changes |
---|
478 | 472 | | in law made by S.B. 1, Acts of the 88th Legislature, 1st Called |
---|
479 | 473 | | Session, 2023, were not in effect for that tax year and amount of |
---|
480 | 474 | | tax bill if that Act were in effect for that tax year), resulting in |
---|
481 | 475 | | a lower tax bill of $____ (insert amount of tax bill if the changes |
---|
482 | 476 | | in law made by S.B. 1, Acts of the 88th Legislature, 1st Called |
---|
483 | 477 | | Session, 2023, were in effect for that tax year), contingent on |
---|
484 | 478 | | the approval by the voters at an election to be held November 7, |
---|
485 | 479 | | 2023, of the constitutional amendment proposed by S.J.R. 1, 88th |
---|
486 | 480 | | Legislature, 1st Called Session, 2023. If that constitutional |
---|
487 | 481 | | amendment is not approved by the voters at the election, a |
---|
488 | 482 | | supplemental tax bill in the amount of $____ (insert difference |
---|
489 | 483 | | between amount of tax bill if the changes in law made by S.B. 1, Acts |
---|
490 | 484 | | of the 88th Legislature, 1st Called Session, 2023, were not in |
---|
491 | 485 | | effect for that tax year and amount of tax bill if that Act were in |
---|
492 | 486 | | effect for that tax year) will be mailed to you." |
---|
493 | 487 | | (d-3) A tax bill prepared by the assessor for a school |
---|
494 | 488 | | district as provided by Subsection (d-2) and mailed as provided by |
---|
495 | 489 | | Subsection (a) is considered to be a provisional tax bill until the |
---|
496 | 490 | | canvass of the votes on the constitutional amendment proposed by |
---|
497 | 491 | | S.J.R. 1, 88th Legislature, 1st Called Session, 2023. If the |
---|
498 | 492 | | constitutional amendment is approved by the voters, the tax bill is |
---|
499 | 493 | | considered to be a final tax bill for the taxes imposed on the |
---|
500 | 494 | | property for the 2023 tax year, and no additional tax bill is |
---|
501 | 495 | | required to be mailed unless another provision of this title |
---|
502 | 496 | | requires the mailing of a corrected tax bill. If the constitutional |
---|
503 | 497 | | amendment is not approved by the voters: |
---|
504 | 498 | | (1) a tax bill prepared by the assessor as provided by |
---|
505 | 499 | | Subsection (d-2) is considered to be a final tax bill but only as to |
---|
506 | 500 | | the portion of the taxes imposed on the property for the 2023 tax |
---|
507 | 501 | | year that are included in the bill; |
---|
508 | 502 | | (2) the amount of taxes imposed by each school |
---|
509 | 503 | | district on a residence homestead for the 2023 tax year is |
---|
510 | 504 | | calculated as if the changes in law made by S.B. 1, Acts of the 88th |
---|
511 | 505 | | Legislature, 1st Called Session, 2023, were not in effect for that |
---|
512 | 506 | | tax year; and |
---|
513 | 507 | | (3) except as provided by Subsections (f), (i-1), and |
---|
514 | 508 | | (k), the assessor for each school district shall prepare and mail a |
---|
515 | 509 | | supplemental tax bill, by December 1 or as soon thereafter as |
---|
516 | 510 | | practicable, in an amount equal to the difference between the |
---|
517 | 511 | | amount of the tax bill if the changes in law made by S.B. 1, Acts of |
---|
518 | 512 | | the 88th Legislature, 1st Called Session, 2023, were not in effect |
---|
519 | 513 | | for that tax year and the amount of the tax bill if that Act were in |
---|
520 | 514 | | effect for that tax year. |
---|
521 | 515 | | (d-4) Except as otherwise provided by Subsection (d-3), the |
---|
522 | 516 | | provisions of this section other than Subsection (d-2) apply to a |
---|
523 | 517 | | supplemental tax bill mailed under Subsection (d-3). |
---|
524 | 518 | | (d-5) This subsection and Subsections (d-2), (d-3), and |
---|
525 | 519 | | (d-4) expire December 31, 2024. |
---|
526 | 520 | | SECTION 3.21. Section 31.02, Tax Code, is amended by adding |
---|
527 | 521 | | Subsection (a-1) to read as follows: |
---|
528 | 522 | | (a-1) Except as provided by Subsection (b) of this section |
---|
529 | 523 | | and Sections 31.03 and 31.04, taxes for which a supplemental tax |
---|
530 | 524 | | bill is mailed under Section 31.01(d-3) are due on receipt of the |
---|
531 | 525 | | tax bill and are delinquent if not paid before March 1 of the year |
---|
532 | 526 | | following the year in which imposed. This subsection expires |
---|
533 | 527 | | December 31, 2024. |
---|
534 | 528 | | SECTION 3.22. (a) Sections 11.26(a-1), (a-2), and (a-3), |
---|
535 | 529 | | Tax Code, are repealed. |
---|
536 | 530 | | (b) Effective January 1, 2025, Sections 11.26(a-5), (a-6), |
---|
537 | 531 | | (a-7), (a-8), and (a-9), Tax Code, are repealed. |
---|
538 | 532 | | SECTION 3.23. The changes in law made by this article to |
---|
539 | 533 | | Sections 11.13 and 11.26, Tax Code, apply beginning with the ad |
---|
540 | 534 | | valorem tax year that begins January 1, 2023. |
---|
541 | 535 | | ARTICLE 4. EFFECTIVE DATES |
---|
542 | 536 | | SECTION 4.01. Except as otherwise provided by this article, |
---|
543 | 537 | | this Act takes effect on the 91st day after the last day of the |
---|
544 | 538 | | legislative session. |
---|
545 | 539 | | SECTION 4.02. (a) Except as provided by Subsection (b) of |
---|
546 | 540 | | this section or as otherwise provided by Article 3 of this Act: |
---|
547 | 541 | | (1) Article 3 of this Act takes effect on the date on |
---|
548 | 542 | | which the constitutional amendment proposed by S.J.R. 1, 88th |
---|
549 | 543 | | Legislature, 1st Called Session, 2023, takes effect; and |
---|
550 | 544 | | (2) if that amendment is not approved by the voters, |
---|
551 | 545 | | Article 3 of this Act has no effect. |
---|
552 | 546 | | (b) Sections 49.004(a-1), (b-1), and (c-1), 49.0042, |
---|
553 | 547 | | 49.0121, 49.154(a-2) and (a-3), and 49.308(a-1), Education Code, |
---|
554 | 548 | | and Sections 25.23(a-1), 26.04(a-1) and (c-1), 26.08(q), |
---|
555 | 549 | | 26.09(c-1), 26.15(h), 31.01(d-2), (d-3), (d-4), and (d-5), and |
---|
556 | 550 | | 31.02(a-1), Tax Code, as added by Article 3 of this Act, take effect |
---|
557 | 551 | | immediately if this Act receives a vote of two-thirds of all the |
---|
558 | 552 | | members elected to each house, as provided by Section 39, Article |
---|
559 | 553 | | III, Texas Constitution. If this Act does not receive the vote |
---|
560 | 554 | | necessary for those sections to have immediate effect, those |
---|
561 | 555 | | sections take effect on the 91st day after the last day of the |
---|
562 | 556 | | legislative session. |
---|