Texas 2023 - 88th 2nd C.S.

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11 88S20069 KJE/CJC/TJB-F
22 By: Meyer, Burrows, Bonnen, Raymond, et al. H.B. No. 1
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a reduction in the maximum compressed tax rate of a
88 school district and additional state aid for certain school
99 districts impacted by compression.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter F, Chapter 48, Education Code, is
1212 amended by adding Sections 48.2555 and 48.283 to read as follows:
1313 Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2023-2024
1414 SCHOOL YEAR. (a) Notwithstanding any other provision of this title
1515 or Chapter 26, Tax Code, for the 2023-2024 school year, the
1616 commissioner shall calculate the value of a school district's
1717 maximum compressed tax rate by determining the district's maximum
1818 compressed rate under Section 48.2551 or 48.2552(b), if applicable,
1919 and reducing the tax rate determined under the applicable section
2020 by $0.162.
2121 (b) If a school district's maximum compressed tax rate as
2222 calculated under Subsection (a) would be less than 90 percent of
2323 another school district's maximum compressed tax rate under
2424 Subsection (a), the district's maximum compressed tax rate is the
2525 value at which the district's maximum compressed tax rate would be
2626 equal to 90 percent of the other district's maximum compressed tax
2727 rate.
2828 (c) Notwithstanding any other provision of this title or
2929 Chapter 26, Tax Code, for purposes of determining funding for
3030 school districts for the 2023-2024 school year, a reference in any
3131 of the following provisions of law to a school district's maximum
3232 compressed tax rate or maximum compressed rate as determined under
3333 Section 48.2551 means the maximum compressed tax rate determined
3434 for the district under this section:
3535 (1) Section 13.054(f);
3636 (2) Section 45.003(d);
3737 (3) Section 45.0032(a);
3838 (4) Section 48.051(a);
3939 (5) Sections 48.2553(a) and (e);
4040 (6) Section 48.2556; and
4141 (7) Section 26.08(n), Tax Code.
4242 (d) For purposes of Section 30.003(f-1), a reference in that
4343 section to Section 48.2551 includes this section.
4444 (e) Notwithstanding any other provision of this title, for
4545 purposes of determining a school district's maximum compressed tax
4646 rate under Section 48.2551 for the 2024-2025 school year, the value
4747 of the district's "PYMCR" is the maximum compressed tax rate
4848 determined for the district under this section for the preceding
4949 school year.
5050 (f) This section expires September 1, 2025.
5151 Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
5252 IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025
5353 school years, a school district that received an adjustment under
5454 Section 48.257(b) for the 2022-2023 school year is entitled to
5555 additional state aid in an amount equal to the difference, if the
5656 difference is greater than zero, between:
5757 (1) the amount of state and local revenue that would
5858 have been available to the district under this chapter and Chapter
5959 49 for the current school year if the district's maximum compressed
6060 tax rate had not been reduced under Section 48.2555, as added by
6161 H.B. ___, Acts of the 88th Legislature, 2nd Called Session, 2023;
6262 and
6363 (2) the amount of state and local revenue available to
6464 the district under this chapter and Chapter 49 for the current
6565 school year.
6666 (b) This section expires September 1, 2026.
6767 SECTION 2. Subchapter F, Chapter 48, Education Code, is
6868 amended by adding Section 48.25551 to read as follows:
6969 Sec. 48.25551. INFORMATION REGARDING MAXIMUM COMPRESSED
7070 TAX RATE FOR 2023-2024 SCHOOL YEAR. (a) As soon as practicable
7171 after the effective date of H.B. ___, Acts of the 88th Legislature,
7272 2nd Called Session, 2023, the agency shall:
7373 (1) calculate and make available each school
7474 district's maximum compressed tax rate as determined under Section
7575 48.2555, as added by that Act; and
7676 (2) make available the information necessary to
7777 calculate the amounts provided by Section 26.09(a-1), Tax Code.
7878 (b) For purposes of Section 48.2556, the maximum compressed
7979 tax rates calculated under this section are preliminary rates for
8080 the 2023 tax year.
8181 (c) This section expires September 1, 2024.
8282 SECTION 3. Section 26.09, Tax Code, is amended by adding
8383 Subsections (a-1), (a-2), and (a-3) to read as follows:
8484 (a-1) The assessor for a school district shall calculate the
8585 amount of tax imposed by the district on property for the 2023 tax
8686 year based on:
8787 (1) the tax rate adopted by the governing body of the
8888 district under Section 26.05; and
8989 (2) the tax rate described by Subdivision (1), less:
9090 (A) $0.162; or
9191 (B) if the district is subject to Section
9292 48.2555(b), Education Code, as added by H.B. _, Acts of the 88th
9393 Legislature, 2nd Called Session, 2023, the amount of the tax
9494 reduction received by the district determined by the commissioner
9595 under that section.
9696 (a-2) The assessor for a school district shall prepare the
9797 district's tax bills for the 2023 tax year based on the amount of
9898 tax imposed by the district for that tax year as calculated under
9999 Subsection (a-1)(2) of this section and mail the bills as provided
100100 by Section 31.01. If the constitutional amendment proposed by the
101101 88th Legislature, 2nd Called Session, 2023, excepting certain
102102 appropriations to pay for school district ad valorem tax relief
103103 from the constitutional limitation on the rate of growth of
104104 appropriations is not approved by the voters, the assessor for the
105105 district shall prepare corrected tax bills using the amount of tax
106106 computed under Subsection (a-1)(1) and mail the corrected bills as
107107 soon as practicable after the election.
108108 (a-3) This subsection and Subsections (a-1) and (a-2)
109109 expire December 31, 2023.
110110 SECTION 4. Section 26.15, Tax Code, is amended by adding
111111 Subsection (h) to read as follows:
112112 (h) The assessor for a school district shall correct the tax
113113 roll for the district for the 2023 tax year as necessary to reflect
114114 the results of the election to approve the constitutional amendment
115115 proposed by the 88th Legislature, 2nd Called Session, 2023,
116116 excepting certain appropriations to pay for school district ad
117117 valorem tax relief from the constitutional limitation on the rate
118118 of growth of appropriations. This subsection expires December 31,
119119 2023.
120120 SECTION 5. (a) Except as provided by Subsection (b) of this
121121 section:
122122 (1) this Act takes effect immediately if it receives a
123123 vote of two-thirds of all the members elected to each house, as
124124 provided by Section 39, Article III, Texas Constitution; and
125125 (2) if this Act does not receive the vote necessary for
126126 immediate effect, this Act takes effect on the 91st day after the
127127 last day of the legislative session.
128128 (b) Section 1 of this Act takes effect on the date on which
129129 the constitutional amendment proposed by the 88th Legislature, 2nd
130130 Called Session, 2023, excepting certain appropriations to pay for
131131 school district ad valorem tax relief from the constitutional
132132 limitation on the rate of growth of appropriations takes effect. If
133133 that amendment is not approved by the voters, Section 1 of this Act
134134 has no effect.