1 | 1 | | 88S20069 KJE/CJC/TJB-F |
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2 | 2 | | By: Meyer, Burrows, Bonnen, Raymond, et al. H.B. No. 1 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a reduction in the maximum compressed tax rate of a |
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8 | 8 | | school district and additional state aid for certain school |
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9 | 9 | | districts impacted by compression. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter F, Chapter 48, Education Code, is |
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12 | 12 | | amended by adding Sections 48.2555 and 48.283 to read as follows: |
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13 | 13 | | Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2023-2024 |
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14 | 14 | | SCHOOL YEAR. (a) Notwithstanding any other provision of this title |
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15 | 15 | | or Chapter 26, Tax Code, for the 2023-2024 school year, the |
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16 | 16 | | commissioner shall calculate the value of a school district's |
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17 | 17 | | maximum compressed tax rate by determining the district's maximum |
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18 | 18 | | compressed rate under Section 48.2551 or 48.2552(b), if applicable, |
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19 | 19 | | and reducing the tax rate determined under the applicable section |
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20 | 20 | | by $0.162. |
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21 | 21 | | (b) If a school district's maximum compressed tax rate as |
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22 | 22 | | calculated under Subsection (a) would be less than 90 percent of |
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23 | 23 | | another school district's maximum compressed tax rate under |
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24 | 24 | | Subsection (a), the district's maximum compressed tax rate is the |
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25 | 25 | | value at which the district's maximum compressed tax rate would be |
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26 | 26 | | equal to 90 percent of the other district's maximum compressed tax |
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27 | 27 | | rate. |
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28 | 28 | | (c) Notwithstanding any other provision of this title or |
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29 | 29 | | Chapter 26, Tax Code, for purposes of determining funding for |
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30 | 30 | | school districts for the 2023-2024 school year, a reference in any |
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31 | 31 | | of the following provisions of law to a school district's maximum |
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32 | 32 | | compressed tax rate or maximum compressed rate as determined under |
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33 | 33 | | Section 48.2551 means the maximum compressed tax rate determined |
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34 | 34 | | for the district under this section: |
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35 | 35 | | (1) Section 13.054(f); |
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36 | 36 | | (2) Section 45.003(d); |
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37 | 37 | | (3) Section 45.0032(a); |
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38 | 38 | | (4) Section 48.051(a); |
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39 | 39 | | (5) Sections 48.2553(a) and (e); |
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40 | 40 | | (6) Section 48.2556; and |
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41 | 41 | | (7) Section 26.08(n), Tax Code. |
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42 | 42 | | (d) For purposes of Section 30.003(f-1), a reference in that |
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43 | 43 | | section to Section 48.2551 includes this section. |
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44 | 44 | | (e) Notwithstanding any other provision of this title, for |
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45 | 45 | | purposes of determining a school district's maximum compressed tax |
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46 | 46 | | rate under Section 48.2551 for the 2024-2025 school year, the value |
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47 | 47 | | of the district's "PYMCR" is the maximum compressed tax rate |
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48 | 48 | | determined for the district under this section for the preceding |
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49 | 49 | | school year. |
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50 | 50 | | (f) This section expires September 1, 2025. |
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51 | 51 | | Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS |
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52 | 52 | | IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025 |
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53 | 53 | | school years, a school district that received an adjustment under |
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54 | 54 | | Section 48.257(b) for the 2022-2023 school year is entitled to |
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55 | 55 | | additional state aid in an amount equal to the difference, if the |
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56 | 56 | | difference is greater than zero, between: |
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57 | 57 | | (1) the amount of state and local revenue that would |
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58 | 58 | | have been available to the district under this chapter and Chapter |
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59 | 59 | | 49 for the current school year if the district's maximum compressed |
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60 | 60 | | tax rate had not been reduced under Section 48.2555, as added by |
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61 | 61 | | H.B. ___, Acts of the 88th Legislature, 2nd Called Session, 2023; |
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62 | 62 | | and |
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63 | 63 | | (2) the amount of state and local revenue available to |
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64 | 64 | | the district under this chapter and Chapter 49 for the current |
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65 | 65 | | school year. |
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66 | 66 | | (b) This section expires September 1, 2026. |
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67 | 67 | | SECTION 2. Subchapter F, Chapter 48, Education Code, is |
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68 | 68 | | amended by adding Section 48.25551 to read as follows: |
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69 | 69 | | Sec. 48.25551. INFORMATION REGARDING MAXIMUM COMPRESSED |
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70 | 70 | | TAX RATE FOR 2023-2024 SCHOOL YEAR. (a) As soon as practicable |
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71 | 71 | | after the effective date of H.B. ___, Acts of the 88th Legislature, |
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72 | 72 | | 2nd Called Session, 2023, the agency shall: |
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73 | 73 | | (1) calculate and make available each school |
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74 | 74 | | district's maximum compressed tax rate as determined under Section |
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75 | 75 | | 48.2555, as added by that Act; and |
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76 | 76 | | (2) make available the information necessary to |
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77 | 77 | | calculate the amounts provided by Section 26.09(a-1), Tax Code. |
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78 | 78 | | (b) For purposes of Section 48.2556, the maximum compressed |
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79 | 79 | | tax rates calculated under this section are preliminary rates for |
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80 | 80 | | the 2023 tax year. |
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81 | 81 | | (c) This section expires September 1, 2024. |
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82 | 82 | | SECTION 3. Section 26.09, Tax Code, is amended by adding |
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83 | 83 | | Subsections (a-1), (a-2), and (a-3) to read as follows: |
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84 | 84 | | (a-1) The assessor for a school district shall calculate the |
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85 | 85 | | amount of tax imposed by the district on property for the 2023 tax |
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86 | 86 | | year based on: |
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87 | 87 | | (1) the tax rate adopted by the governing body of the |
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88 | 88 | | district under Section 26.05; and |
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89 | 89 | | (2) the tax rate described by Subdivision (1), less: |
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90 | 90 | | (A) $0.162; or |
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91 | 91 | | (B) if the district is subject to Section |
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92 | 92 | | 48.2555(b), Education Code, as added by H.B. _, Acts of the 88th |
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93 | 93 | | Legislature, 2nd Called Session, 2023, the amount of the tax |
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94 | 94 | | reduction received by the district determined by the commissioner |
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95 | 95 | | under that section. |
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96 | 96 | | (a-2) The assessor for a school district shall prepare the |
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97 | 97 | | district's tax bills for the 2023 tax year based on the amount of |
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98 | 98 | | tax imposed by the district for that tax year as calculated under |
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99 | 99 | | Subsection (a-1)(2) of this section and mail the bills as provided |
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100 | 100 | | by Section 31.01. If the constitutional amendment proposed by the |
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101 | 101 | | 88th Legislature, 2nd Called Session, 2023, excepting certain |
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102 | 102 | | appropriations to pay for school district ad valorem tax relief |
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103 | 103 | | from the constitutional limitation on the rate of growth of |
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104 | 104 | | appropriations is not approved by the voters, the assessor for the |
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105 | 105 | | district shall prepare corrected tax bills using the amount of tax |
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106 | 106 | | computed under Subsection (a-1)(1) and mail the corrected bills as |
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107 | 107 | | soon as practicable after the election. |
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108 | 108 | | (a-3) This subsection and Subsections (a-1) and (a-2) |
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109 | 109 | | expire December 31, 2023. |
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110 | 110 | | SECTION 4. Section 26.15, Tax Code, is amended by adding |
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111 | 111 | | Subsection (h) to read as follows: |
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112 | 112 | | (h) The assessor for a school district shall correct the tax |
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113 | 113 | | roll for the district for the 2023 tax year as necessary to reflect |
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114 | 114 | | the results of the election to approve the constitutional amendment |
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115 | 115 | | proposed by the 88th Legislature, 2nd Called Session, 2023, |
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116 | 116 | | excepting certain appropriations to pay for school district ad |
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117 | 117 | | valorem tax relief from the constitutional limitation on the rate |
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118 | 118 | | of growth of appropriations. This subsection expires December 31, |
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119 | 119 | | 2023. |
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120 | 120 | | SECTION 5. (a) Except as provided by Subsection (b) of this |
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121 | 121 | | section: |
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122 | 122 | | (1) this Act takes effect immediately if it receives a |
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123 | 123 | | vote of two-thirds of all the members elected to each house, as |
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124 | 124 | | provided by Section 39, Article III, Texas Constitution; and |
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125 | 125 | | (2) if this Act does not receive the vote necessary for |
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126 | 126 | | immediate effect, this Act takes effect on the 91st day after the |
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127 | 127 | | last day of the legislative session. |
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128 | 128 | | (b) Section 1 of this Act takes effect on the date on which |
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129 | 129 | | the constitutional amendment proposed by the 88th Legislature, 2nd |
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130 | 130 | | Called Session, 2023, excepting certain appropriations to pay for |
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131 | 131 | | school district ad valorem tax relief from the constitutional |
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132 | 132 | | limitation on the rate of growth of appropriations takes effect. If |
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133 | 133 | | that amendment is not approved by the voters, Section 1 of this Act |
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134 | 134 | | has no effect. |
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