Texas 2023 - 88th 1st C.S.

Texas Senate Bill SB1 Compare Versions

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1-By: Bettencourt, et al. S.B. No. 1
1+88S10094 CJC/TJB/KJE-D
2+ By: Bettencourt S.B. No. 1
23
34
45 A BILL TO BE ENTITLED
56 AN ACT
6- relating to a reduction in the maximum compressed tax rate of a
7- school district and additional state aid for certain school
8- districts impacted by compression, an increase in the amount of
9- certain exemptions from ad valorem taxation by a school district
10- applicable to residence homesteads, an adjustment in the amount of
11- the limitation on school district ad valorem taxes imposed on the
12- residence homesteads of the elderly or disabled to reflect
13- increases in the exemption amounts, and the protection of school
14- districts against the resulting loss in local revenue.
7+ relating to providing property tax relief through the public school
8+ finance system.
159 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1610 ARTICLE 1. SHORT TITLE
1711 SECTION 1.01. This Act may be cited as the Property Tax
1812 Relief Act.
1913 ARTICLE 2. SCHOOL DISTRICT TAX RATE COMPRESSION
2014 SECTION 2.01. Subchapter F, Chapter 48, Education Code, is
2115 amended by adding Sections 48.2555 and 48.283 to read as follows:
2216 Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2023-2024
2317 SCHOOL YEAR. (a) Notwithstanding any other provision of this title
2418 or Chapter 26, Tax Code, for the 2023-2024 school year, the
2519 commissioner shall calculate the value of a school district's
2620 maximum compressed tax rate by determining the district's maximum
2721 compressed rate under Section 48.2551 or 48.2552(b), if applicable,
2822 and reducing the tax rate determined under the applicable section
2923 by $0.10.
3024 (b) If a school district's maximum compressed tax rate as
3125 calculated under Subsection (a) would be less than 90 percent of
3226 another school district's maximum compressed tax rate under
3327 Subsection (a), the district's maximum compressed tax rate is the
3428 value at which the district's maximum compressed tax rate would be
3529 equal to 90 percent of the other district's maximum compressed tax
3630 rate.
3731 (c) Notwithstanding any other provision of this title or
3832 Chapter 26, Tax Code, for purposes of determining funding for
3933 school districts for the 2023-2024 school year, a reference in any
4034 of the following provisions of law to a school district's maximum
4135 compressed tax rate or maximum compressed rate as determined under
4236 Section 48.2551 means the maximum compressed tax rate determined
4337 for the district under this section:
4438 (1) Section 13.054(f);
4539 (2) Section 45.003(d);
4640 (3) Section 45.0032(a);
4741 (4) Section 48.051(a);
4842 (5) Sections 48.2553(a) and (e); and
4943 (6) Section 26.08(n), Tax Code.
5044 (d) For purposes of Section 30.003(f-1), a reference in that
5145 section to Section 48.2551 includes this section.
5246 (e) Notwithstanding any other provision of this title, for
5347 purposes of determining a school district's maximum compressed tax
5448 rate under Section 48.2551 for the 2024-2025 school year, the value
5549 of the district's "PYMCR" is the maximum compressed tax rate
5650 determined for the district under this section for the preceding
5751 school year.
5852 (f) This section expires September 1, 2025.
5953 Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
6054 IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025
6155 school years, a school district that received an adjustment under
6256 Section 48.257(b) for the 2022-2023 school year is entitled to
6357 additional state aid in an amount equal to the difference, if the
6458 difference is greater than zero, between:
6559 (1) the amount of state and local revenue that would
6660 have been available to the district under this chapter and Chapter
6761 49 for the current school year if the district's maximum compressed
6862 tax rate had not been reduced under Section 48.2555, as added by
6963 S.B. 1, Acts of the 88th Legislature, 1st Called Session, 2023; and
7064 (2) the amount of state and local revenue available to
7165 the district under this chapter and Chapter 49 for the current
7266 school year.
7367 (b) This section expires September 1, 2026.
7468 ARTICLE 3. SCHOOL DISTRICT RESIDENCE HOMESTEAD EXEMPTION
7569 SECTION 3.01. Section 11.13(b), Tax Code, is amended to
7670 read as follows:
7771 (b) An adult is entitled to exemption from taxation by a
7872 school district of $100,000 [$40,000] of the appraised value of the
7973 adult's residence homestead, except that only $5,000 of the
8074 exemption applies to an entity operating under former Chapter 17,
8175 18, 25, 26, 27, or 28, Education Code, as those chapters existed on
8276 May 1, 1995, as permitted by Section 11.301, Education Code.
8377 SECTION 3.02. Section 11.26, Tax Code, is amended by
8478 amending Subsections (a), (a-10), and (o) and adding Subsections
8579 (a-11) and (a-12) to read as follows:
8680 (a) The tax officials shall appraise the property to which
8781 this section applies and calculate taxes as on other property, but
8882 if the tax so calculated exceeds the limitation imposed by this
8983 section, the tax imposed is the amount of the tax as limited by this
9084 section, except as otherwise provided by this section. A school
9185 district may not increase the total annual amount of ad valorem tax
9286 it imposes on the residence homestead of an individual 65 years of
9387 age or older or on the residence homestead of an individual who is
9488 disabled, as defined by Section 11.13, above the amount of the tax
9589 it imposed in the first tax year in which the individual qualified
9690 that residence homestead for the applicable exemption provided by
9791 Section 11.13(c) for an individual who is 65 years of age or older
9892 or is disabled. If the individual qualified that residence
9993 homestead for the exemption after the beginning of that first year
10094 and the residence homestead remains eligible for the same exemption
10195 for the next year, and if the school district taxes imposed on the
10296 residence homestead in the next year are less than the amount of
10397 taxes imposed in that first year, a school district may not
10498 subsequently increase the total annual amount of ad valorem taxes
10599 it imposes on the residence homestead above the amount it imposed in
106100 the year immediately following the first year for which the
107101 individual qualified that residence homestead for the same
108102 exemption, except as provided by Subsection (b). [If the first tax
109103 year the individual qualified the residence homestead for the
110104 exemption provided by Section 11.13(c) for individuals 65 years of
111105 age or older or disabled was a tax year before the 2015 tax year, the
112106 amount of the limitation provided by this section is the amount of
113107 tax the school district imposed for the 2014 tax year less an amount
114108 equal to the amount determined by multiplying $10,000 times the tax
115109 rate of the school district for the 2015 tax year, plus any 2015 tax
116110 attributable to improvements made in 2014, other than improvements
117111 made to comply with governmental regulations or repairs.]
118112 (a-10) Notwithstanding the other provisions of this
119113 section, if in the 2024 or a subsequent tax year an individual
120114 qualifies for a limitation on tax increases provided by this
121115 section on the individual's residence homestead, the amount of the
122116 limitation provided by this section on the homestead is equal to the
123117 amount computed by:
124118 (1) multiplying the taxable value of the homestead in
125119 the preceding tax year by a tax rate equal to the difference between
126120 the school district's maximum compressed rate for the preceding tax
127121 year and the district's maximum compressed rate for the current tax
128122 year;
129123 (2) subtracting the amount computed under Subdivision
130124 (1) from the amount of tax the district imposed on the homestead in
131125 the preceding tax year; [and]
132126 (3) adding any tax imposed in the current tax year
133127 attributable to improvements made in the preceding tax year as
134128 provided by Subsection (b) to the amount computed under Subdivision
135129 (2);
136130 (4) multiplying the amount of any increase in the
137131 current tax year as compared to the preceding tax year in the
138132 aggregate amount of the exemptions to which the individual is
139133 entitled under Sections 11.13(b) and (c) by the school district's
140134 tax rate for the current tax year; and
141135 (5) subtracting the amount computed under Subdivision
142136 (4) from the amount computed under Subdivision (3).
143137 (a-11) This subsection applies only to an individual who in
144138 the 2023 tax year qualifies for a limitation under this section and
145139 for whom the 2022 tax year or an earlier tax year was the first tax
146140 year the individual or the individual's spouse qualified for an
147141 exemption under Section 11.13(c). The amount of the limitation
148142 provided by this section on the residence homestead of an
149143 individual to which this subsection applies for the 2023 tax year is
150144 the amount of the limitation as computed under Subsection (a-5),
151145 (a-6), (a-7), (a-8), or (a-9) of this section, as applicable, less
152146 an amount equal to the product of $60,000 and the tax rate of the
153147 school district for the 2023 tax year. This subsection expires
154148 January 1, 2025.
155149 (a-12) This subsection applies only to an individual who in
156150 the 2023 tax year qualifies for a limitation under this section and
157151 for whom the 2021 tax year or an earlier tax year was the first tax
158152 year the individual or the individual's spouse qualified for an
159153 exemption under Section 11.13(c). The amount of the limitation
160154 provided by this section on the residence homestead of an
161155 individual to which this subsection applies for the 2023 tax year is
162156 the amount of the limitation as computed under Subsection (a-11) of
163157 this section less an amount equal to the product of $15,000 and the
164158 tax rate of the school district for the 2022 tax year. This
165159 subsection expires January 1, 2025.
166160 (o) Notwithstanding Subsections (a)[, (a-3),] and (b), an
167161 improvement to property that would otherwise constitute an
168162 improvement under Subsection (b) is not treated as an improvement
169163 under that subsection if the improvement is a replacement structure
170164 for a structure that was rendered uninhabitable or unusable by a
171165 casualty or by wind or water damage. For purposes of appraising the
172166 property in the tax year in which the structure would have
173167 constituted an improvement under Subsection (b), the replacement
174168 structure is considered to be an improvement under that subsection
175169 only if:
176170 (1) the square footage of the replacement structure
177171 exceeds that of the replaced structure as that structure existed
178172 before the casualty or damage occurred; or
179173 (2) the exterior of the replacement structure is of
180174 higher quality construction and composition than that of the
181175 replaced structure.
182176 SECTION 3.03. Section 46.071, Education Code, is amended by
183177 amending Subsections (a-1) and (b-1) and adding Subsections (a-2),
184178 (b-2), and (c-2) to read as follows:
185179 (a-1) For [Beginning with] the 2022-2023 school year, a
186180 school district is entitled to additional state aid under this
187181 subchapter to the extent that state and local revenue used to
188182 service debt eligible under this chapter is less than the state and
189183 local revenue that would have been available to the district under
190184 this chapter as it existed on September 1, 2021, if any increase in
191185 the residence homestead exemption under Section 1-b(c), Article
192186 VIII, Texas Constitution, as proposed by the 87th Legislature, 3rd
193187 Called Session, 2021, had not occurred.
194188 (a-2) Beginning with the 2023-2024 school year, a school
195189 district is entitled to additional state aid under this subchapter
196190 to the extent that state and local revenue used to service debt
197191 eligible under this chapter is less than the state and local revenue
198192 that would have been available to the district under this chapter as
199193 it existed on September 1, 2022, if any increase in a residence
200194 homestead exemption under Section 1-b(c), Article VIII, Texas
201195 Constitution, and any additional limitation on tax increases under
202196 Section 1-b(d) of that article as proposed by the 88th Legislature,
203197 1st Called Session, 2023, had not occurred.
204198 (b-1) Subject to Subsections (c-1), (d), and (e),
205199 additional state aid under this section for [beginning with] the
206200 2022-2023 school year is equal to the amount by which the loss of
207201 local interest and sinking revenue for debt service attributable to
208202 any increase in the residence homestead exemption under Section
209203 1-b(c), Article VIII, Texas Constitution, as proposed by the 87th
210204 Legislature, 3rd Called Session, 2021, is not offset by a gain in
211205 state aid under this chapter.
212206 (b-2) Subject to Subsections (c-2), (d), and (e),
213207 additional state aid under this section beginning with the
214208 2023-2024 school year is equal to the amount by which the loss of
215209 local interest and sinking revenue for debt service attributable to
216210 any increase in a residence homestead exemption under Section
217211 1-b(c), Article VIII, Texas Constitution, and any additional
218212 limitation on tax increases under Section 1-b(d) of that article as
219213 proposed by the 88th Legislature, 1st Called Session, 2023, is not
220214 offset by a gain in state aid under this chapter.
221215 (c-2) For the purpose of determining state aid under
222216 Subsections (a-2) and (b-2), local interest and sinking revenue for
223217 debt service is limited to revenue required to service debt
224218 eligible under this chapter as of September 1, 2023, including
225219 refunding of that debt, subject to Section 46.061. The limitation
226220 imposed by Section 46.034(a) does not apply for the purpose of
227221 determining state aid under this section.
228222 SECTION 3.04. Section 48.2542, Education Code, is amended
229223 to read as follows:
230224 Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF
231225 LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED.
232226 Notwithstanding any other provision of this chapter, if a school
233227 district is not fully compensated through state aid or the
234228 calculation of excess local revenue under this chapter based on the
235229 determination of the district's taxable value of property under
236230 Subchapter M, Chapter 403, Government Code, the district is
237231 entitled to additional state aid in the amount necessary to fully
238232 compensate the district for the amount of ad valorem tax revenue
239233 lost due to a reduction of the amount of the limitation on tax
240234 increases provided by Sections 11.26(a-4), (a-5), (a-6), (a-7),
241235 (a-8), (a-9), [and] (a-10), (a-11), and (a-12), Tax Code, as
242236 applicable.
243237 SECTION 3.05. Effective January 1, 2025, Section 48.2542,
244238 Education Code, is amended to read as follows:
245239 Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF
246240 LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED.
247241 Notwithstanding any other provision of this chapter, if a school
248242 district is not fully compensated through state aid or the
249243 calculation of excess local revenue under this chapter based on the
250244 determination of the district's taxable value of property under
251245 Subchapter M, Chapter 403, Government Code, the district is
252246 entitled to additional state aid in the amount necessary to fully
253247 compensate the district for the amount of ad valorem tax revenue
254248 lost due to a reduction of the amount of the limitation on tax
255249 increases provided by Section 11.26(a-10) [Sections 11.26(a-4),
256250 (a-5), (a-6), (a-7), (a-8), (a-9), and (a-10)], Tax Code[, as
257251 applicable].
258252 SECTION 3.06. Section 48.2543, Education Code, is amended
259253 to read as follows:
260254 Sec. 48.2543. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION.
261255 (a) For [Beginning with] the 2022-2023 school year, a school
262256 district is entitled to additional state aid to the extent that
263257 state and local revenue under this chapter and Chapter 49 is less
264258 than the state and local revenue that would have been available to
265259 the district under this chapter and Chapter 49 as those chapters
266260 existed on September 1, 2021, if any increase in the residence
267261 homestead exemption under Section 1-b(c), Article VIII, Texas
268262 Constitution, as proposed by the 87th Legislature, 3rd Called
269263 Session, 2021, had not occurred.
270264 (a-1) Beginning with the 2023-2024 school year, a school
271265 district is entitled to additional state aid to the extent that
272266 state and local revenue under this chapter and Chapter 49 is less
273267 than the state and local revenue that would have been available to
274268 the district under this chapter and Chapter 49 as those chapters
275269 existed on September 1, 2022, if any increase in a residence
276270 homestead exemption under Section 1-b(c), Article VIII, Texas
277271 Constitution, and any additional limitation on tax increases under
278272 Section 1-b(d) of that article as proposed by the 88th Legislature,
279273 1st Called Session, 2023, had not occurred.
280274 (b) The lesser of the school district's currently adopted
281275 maintenance and operations tax rate or the adopted maintenance and
282276 operations tax rate for:
283277 (1) the 2021 tax year is used for the purpose of
284278 determining additional state aid under Subsection (a); and
285279 (2) the 2022 tax year is used for the purpose of
286280 determining additional state aid under Subsection (a-1).
287281 SECTION 3.07. Section 48.2556(a), Education Code, is
288282 amended to read as follows:
289283 (a) The agency shall post the following information on the
290284 agency's Internet website for purposes of allowing the chief
291285 appraiser of each appraisal district and the assessor for each
292286 school district to make the calculations required by Sections
293287 11.26(a-5), (a-6), (a-7), (a-8), (a-9), [and] (a-10), (a-11), and
294288 (a-12), Tax Code:
295289 (1) each school district's maximum compressed rate, as
296290 determined under Section 48.2551, for each tax year beginning with
297291 the 2019 tax year; and
298292 (2) each school district's tier one maintenance and
299293 operations tax rate, as provided by Section 45.0032(a), for the
300294 2018 tax year.
301295 SECTION 3.08. Effective January 1, 2025, Section
302296 48.2556(a), Education Code, is amended to read as follows:
303297 (a) For purposes of allowing the chief appraiser of each
304298 appraisal district and the assessor for each school district to
305299 make the calculations required by Section 11.26(a-10), Tax Code,
306300 the [The] agency shall post [the following information] on the
307301 agency's Internet website [for purposes of allowing the chief
308302 appraiser of each appraisal district and the assessor for each
309303 school district to make the calculations required by Sections
310304 11.26(a-5), (a-6), (a-7), (a-8), (a-9), and (a-10), Tax Code:
311305 [(1)] each school district's maximum compressed rate,
312306 as determined under Section 48.2551, for the current [each] tax
313307 year and the preceding [beginning with the 2019] tax year[; and
314308 [(2) each school district's tier one maintenance and
315309 operations tax rate, as provided by Section 45.0032(a), for the
316310 2018 tax year].
317311 SECTION 3.09. Section 49.004, Education Code, is amended by
318312 adding Subsections (a-1), (b-1), and (c-1) to read as follows:
319313 (a-1) This subsection applies only if the constitutional
320314 amendment proposed by S.J.R. 1, 88th Legislature, 1st Called
321315 Session, 2023, is approved by the voters in an election held for
322316 that purpose. As soon as practicable after receiving revised
323317 property values that reflect adoption of the constitutional
324318 amendment, the commissioner shall review the local revenue level of
325319 districts in the state and revise as necessary the notifications
326320 provided under Subsection (a) for the 2023-2024 school year. This
327321 subsection expires September 1, 2024.
328322 (b-1) This subsection applies only to a district that has
329323 not previously held an election under this chapter. Notwithstanding
330324 Subsection (b), a district that enters into an agreement to
331325 exercise an option to reduce the district's local revenue level in
332326 excess of entitlement under Section 49.002(3), (4), or (5) for the
333327 2023-2024 school year may request and, as provided by Section
334328 49.0042(a), receive approval from the commissioner to delay the
335329 date of the election otherwise required to be ordered before
336330 September 1. This subsection expires September 1, 2024.
337331 (c-1) Notwithstanding Subsection (c), a district that
338332 receives approval from the commissioner to delay an election as
339333 provided by Subsection (b-1) may adopt a tax rate for the 2023 tax
340334 year before the commissioner certifies that the district has
341335 reduced its local revenue level to the level established by Section
342336 48.257. This subsection expires September 1, 2024.
343337 SECTION 3.10. Subchapter A, Chapter 49, Education Code, is
344338 amended by adding Section 49.0042 to read as follows:
345339 Sec. 49.0042. TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD
346340 EXEMPTIONS AND LIMITATION ON TAX INCREASES. (a) The commissioner
347341 shall approve a district's request under Section 49.004(b-1) to
348342 delay the date of an election required under this chapter if the
349343 commissioner determines that the district would not have a local
350344 revenue level in excess of entitlement if the constitutional
351345 amendment proposed by S.J.R. 1, 88th Legislature, 1st Called
352346 Session, 2023, were approved by the voters.
353347 (b) The commissioner shall set a date by which each district
354348 that receives approval under this section must order the election.
355349 (c) Not later than the 2024-2025 school year, the
356350 commissioner shall order detachment and annexation of property
357351 under Subchapter G or consolidation under Subchapter H as necessary
358352 to reduce the district's local revenue level to the level
359353 established by Section 48.257 for a district that receives approval
360354 under this section and subsequently:
361355 (1) fails to hold the election; or
362356 (2) does not receive voter approval at the election.
363357 (d) This section expires September 1, 2025.
364358 SECTION 3.11. Subchapter A, Chapter 49, Education Code, is
365359 amended by adding Section 49.0121 to read as follows:
366360 Sec. 49.0121. TRANSITIONAL ELECTION DATES. (a) This
367361 section applies only to an election under this chapter that occurs
368362 during the 2023-2024 school year.
369363 (b) Section 49.012 does not apply to a district that
370364 receives approval of a request under Section 49.0042. The district
371365 shall hold the election on a Tuesday or Saturday on or before a date
372366 specified by the commissioner. Section 41.001, Election Code, does
373367 not apply to the election.
374368 (c) This section expires September 1, 2024.
375369 SECTION 3.12. Section 49.154, Education Code, is amended by
376370 adding Subsections (a-2) and (a-3) to read as follows:
377371 (a-2) Notwithstanding Subsections (a) and (a-1), a district
378372 that receives approval of a request under Section 49.0042 shall pay
379373 for credit purchased:
380374 (1) in equal monthly payments as determined by the
381375 commissioner beginning March 15, 2024, and ending August 15, 2024;
382376 or
383377 (2) in the manner provided by Subsection (a)(2),
384378 provided that the district notifies the commissioner of the
385379 district's election to pay in that manner not later than March 15,
386380 2024.
387381 (a-3) Subsection (a-2) and this subsection expire September
388382 1, 2024.
389383 SECTION 3.13. Section 49.308, Education Code, is amended by
390384 adding Subsection (a-1) to read as follows:
391385 (a-1) Notwithstanding Subsection (a), for the 2023-2024
392386 school year, the commissioner shall order any detachments and
393387 annexations of property under this subchapter as soon as
394388 practicable after the canvass of the votes on the constitutional
395389 amendment proposed by S.J.R. 1, 88th Legislature, 1st Called
396390 Session, 2023. This subsection expires September 1, 2024.
397391 SECTION 3.14. Section 403.302, Government Code, is amended
398392 by amending Subsection (j-1) and adding Subsection (j-2) to read as
399393 follows:
400394 (j-1) In the final certification of the study under
401395 Subsection (j), the comptroller shall separately identify the final
402396 taxable value for each school district as adjusted to account for
403397 the reduction of the amount of the limitation on tax increases
404398 provided by Section 11.26(a-10) [Sections 11.26(a-4), (a-5),
405399 (a-6), (a-7), (a-8), (a-9), and (a-10)], Tax Code[, as applicable].
406400 (j-2) In the final certification of the study under
407401 Subsection (j), the comptroller shall separately identify the final
408402 taxable value for each school district as adjusted to account for
409403 the reduction of the amount of the limitation on tax increases
410404 provided by Sections 11.26(a-5), (a-6), (a-7), (a-8), (a-9),
411405 (a-10), (a-11), and (a-12), Tax Code. This subsection expires
412406 January 1, 2025.
413407 SECTION 3.15. Section 25.23, Tax Code, is amended by adding
414408 Subsection (a-1) to read as follows:
415409 (a-1) This subsection applies only to the appraisal records
416410 for the 2023 tax year. The chief appraiser shall prepare
417411 supplemental appraisal records to account for the changes in law
418412 made by S.B. 1, Acts of the 88th Legislature, 1st Called Session,
419413 2023. This subsection expires December 31, 2024.
420414 SECTION 3.16. Section 26.04, Tax Code, is amended by adding
421415 Subsections (a-1) and (c-1) to read as follows:
422416 (a-1) On receipt of the appraisal roll for the 2023 tax
423417 year, the assessor for a school district shall determine the total
424418 taxable value of property taxable by the district and the taxable
425419 value of new property as if the changes in law made by S.B. 1, Acts
426420 of the 88th Legislature, 1st Called Session, 2023, were in effect
427421 for that tax year. This subsection expires December 31, 2024.
428422 (c-1) An officer or employee designated by the governing
429423 body of a school district shall calculate the no-new-revenue tax
430424 rate and the voter-approval tax rate of the district for the 2023
431425 tax year as if the changes in law made by S.B. 1, Acts of the 88th
432426 Legislature, 1st Called Session, 2023, were in effect for that tax
433427 year. This subsection expires December 31, 2024.
434428 SECTION 3.17. Section 26.08, Tax Code, is amended by adding
435429 Subsection (q) to read as follows:
436430 (q) For purposes of this section, the voter-approval tax
437431 rate of a school district for the 2023 tax year shall be calculated
438432 as if the changes in law made by S.B. 1, Acts of the 88th
439433 Legislature, 1st Called Session, 2023, were in effect for that tax
440434 year. This subsection expires December 31, 2024.
441435 SECTION 3.18. Section 26.09, Tax Code, is amended by adding
442436 Subsection (c-1) to read as follows:
443437 (c-1) The assessor for a school district shall calculate the
444438 amount of tax imposed by the district on a residence homestead for
445439 the 2023 tax year as if the changes in law made by S.B. 1, Acts of
446440 the 88th Legislature, 1st Called Session, 2023, were in effect for
447441 that tax year and also as if the changes in law made by that Act were
448442 not in effect for that tax year. This subsection expires December
449443 31, 2024.
450444 SECTION 3.19. Section 26.15, Tax Code, is amended by adding
451445 Subsection (h) to read as follows:
452446 (h) The assessor for a school district shall correct the tax
453447 roll for the district for the 2023 tax year to reflect the results
454448 of the election to approve the constitutional amendment proposed by
455449 S.J.R. 1, 88th Legislature, 1st Called Session, 2023. This
456450 subsection expires December 31, 2024.
457451 SECTION 3.20. Section 31.01, Tax Code, is amended by adding
458452 Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows:
459453 (d-2) This subsection and Subsections (d-3) and (d-4) apply
460454 only to taxes imposed by a school district on a residence homestead
461455 for the 2023 tax year and only if the changes in law made by S.B. 1,
462456 Acts of the 88th Legislature, 1st Called Session, 2023, would lower
463457 the taxes imposed by the district on the property for that tax year.
464458 The assessor for the district shall compute the amount of taxes
465459 imposed and the other information required by this section as if the
466460 changes in law made by S.B. 1, Acts of the 88th Legislature, 1st
467461 Called Session, 2023, were in effect for that tax year. The tax
468462 bill or the separate statement must indicate that the bill is a
469463 provisional tax bill and include a statement in substantially the
470464 following form:
471465 "If the Texas Legislature had not enacted property tax relief
472466 legislation during the 2023 legislative session, your tax bill
473467 would have been $____ (insert amount of tax bill if the changes in
474468 law made by S.B. 1, Acts of the 88th Legislature, 1st Called
475469 Session, 2023, were not in effect for that tax year). Because of
476470 action by the Texas Legislature, your tax bill has been lowered by
477471 $____ (insert difference between amount of tax bill if the changes
478472 in law made by S.B. 1, Acts of the 88th Legislature, 1st Called
479473 Session, 2023, were not in effect for that tax year and amount of
480474 tax bill if that Act were in effect for that tax year), resulting in
481475 a lower tax bill of $____ (insert amount of tax bill if the changes
482476 in law made by S.B. 1, Acts of the 88th Legislature, 1st Called
483477 Session, 2023, were in effect for that tax year), contingent on
484478 the approval by the voters at an election to be held November 7,
485479 2023, of the constitutional amendment proposed by S.J.R. 1, 88th
486480 Legislature, 1st Called Session, 2023. If that constitutional
487481 amendment is not approved by the voters at the election, a
488482 supplemental tax bill in the amount of $____ (insert difference
489483 between amount of tax bill if the changes in law made by S.B. 1, Acts
490484 of the 88th Legislature, 1st Called Session, 2023, were not in
491485 effect for that tax year and amount of tax bill if that Act were in
492486 effect for that tax year) will be mailed to you."
493487 (d-3) A tax bill prepared by the assessor for a school
494488 district as provided by Subsection (d-2) and mailed as provided by
495489 Subsection (a) is considered to be a provisional tax bill until the
496490 canvass of the votes on the constitutional amendment proposed by
497491 S.J.R. 1, 88th Legislature, 1st Called Session, 2023. If the
498492 constitutional amendment is approved by the voters, the tax bill is
499493 considered to be a final tax bill for the taxes imposed on the
500494 property for the 2023 tax year, and no additional tax bill is
501495 required to be mailed unless another provision of this title
502496 requires the mailing of a corrected tax bill. If the constitutional
503497 amendment is not approved by the voters:
504498 (1) a tax bill prepared by the assessor as provided by
505499 Subsection (d-2) is considered to be a final tax bill but only as to
506500 the portion of the taxes imposed on the property for the 2023 tax
507501 year that are included in the bill;
508502 (2) the amount of taxes imposed by each school
509503 district on a residence homestead for the 2023 tax year is
510504 calculated as if the changes in law made by S.B. 1, Acts of the 88th
511505 Legislature, 1st Called Session, 2023, were not in effect for that
512506 tax year; and
513507 (3) except as provided by Subsections (f), (i-1), and
514508 (k), the assessor for each school district shall prepare and mail a
515509 supplemental tax bill, by December 1 or as soon thereafter as
516510 practicable, in an amount equal to the difference between the
517511 amount of the tax bill if the changes in law made by S.B. 1, Acts of
518512 the 88th Legislature, 1st Called Session, 2023, were not in effect
519513 for that tax year and the amount of the tax bill if that Act were in
520514 effect for that tax year.
521515 (d-4) Except as otherwise provided by Subsection (d-3), the
522516 provisions of this section other than Subsection (d-2) apply to a
523517 supplemental tax bill mailed under Subsection (d-3).
524518 (d-5) This subsection and Subsections (d-2), (d-3), and
525519 (d-4) expire December 31, 2024.
526520 SECTION 3.21. Section 31.02, Tax Code, is amended by adding
527521 Subsection (a-1) to read as follows:
528522 (a-1) Except as provided by Subsection (b) of this section
529523 and Sections 31.03 and 31.04, taxes for which a supplemental tax
530524 bill is mailed under Section 31.01(d-3) are due on receipt of the
531525 tax bill and are delinquent if not paid before March 1 of the year
532526 following the year in which imposed. This subsection expires
533527 December 31, 2024.
534528 SECTION 3.22. (a) Sections 11.26(a-1), (a-2), and (a-3),
535529 Tax Code, are repealed.
536530 (b) Effective January 1, 2025, Sections 11.26(a-5), (a-6),
537531 (a-7), (a-8), and (a-9), Tax Code, are repealed.
538532 SECTION 3.23. The changes in law made by this article to
539533 Sections 11.13 and 11.26, Tax Code, apply beginning with the ad
540534 valorem tax year that begins January 1, 2023.
541535 ARTICLE 4. EFFECTIVE DATES
542536 SECTION 4.01. Except as otherwise provided by this article,
543537 this Act takes effect on the 91st day after the last day of the
544538 legislative session.
545539 SECTION 4.02. (a) Except as provided by Subsection (b) of
546540 this section or as otherwise provided by Article 3 of this Act:
547541 (1) Article 3 of this Act takes effect on the date on
548542 which the constitutional amendment proposed by S.J.R. 1, 88th
549543 Legislature, 1st Called Session, 2023, takes effect; and
550544 (2) if that amendment is not approved by the voters,
551545 Article 3 of this Act has no effect.
552546 (b) Sections 49.004(a-1), (b-1), and (c-1), 49.0042,
553547 49.0121, 49.154(a-2) and (a-3), and 49.308(a-1), Education Code,
554548 and Sections 25.23(a-1), 26.04(a-1) and (c-1), 26.08(q),
555549 26.09(c-1), 26.15(h), 31.01(d-2), (d-3), (d-4), and (d-5), and
556550 31.02(a-1), Tax Code, as added by Article 3 of this Act, take effect
557551 immediately if this Act receives a vote of two-thirds of all the
558552 members elected to each house, as provided by Section 39, Article
559553 III, Texas Constitution. If this Act does not receive the vote
560554 necessary for those sections to have immediate effect, those
561555 sections take effect on the 91st day after the last day of the
562556 legislative session.