Texas 2023 - 88th 2nd C.S.

Texas House Bill HB1 Latest Draft

Bill / House Committee Report Version Filed 06/29/2023

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                            88S20069 KJE/CJC/TJB-F
 By: Meyer, Burrows, Bonnen, Raymond, et al. H.B. No. 1


 A BILL TO BE ENTITLED
 AN ACT
 relating to a reduction in the maximum compressed tax rate of a
 school district and additional state aid for certain school
 districts impacted by compression.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter F, Chapter 48, Education Code, is
 amended by adding Sections 48.2555 and 48.283 to read as follows:
 Sec. 48.2555.  MAXIMUM COMPRESSED TAX RATE FOR 2023-2024
 SCHOOL YEAR.  (a) Notwithstanding any other provision of this title
 or Chapter 26, Tax Code, for the 2023-2024 school year, the
 commissioner shall calculate the value of a school district's
 maximum compressed tax rate by determining the district's maximum
 compressed rate under Section 48.2551 or 48.2552(b), if applicable,
 and reducing the tax rate determined under the applicable section
 by $0.162.
 (b)  If a school district's maximum compressed tax rate as
 calculated under Subsection (a) would be less than 90 percent of
 another school district's maximum compressed tax rate under
 Subsection (a), the district's maximum compressed tax rate is the
 value at which the district's maximum compressed tax rate would be
 equal to 90 percent of the other district's maximum compressed tax
 rate.
 (c)  Notwithstanding any other provision of this title or
 Chapter 26, Tax Code, for purposes of determining funding for
 school districts for the 2023-2024 school year, a reference in any
 of the following provisions of law to a school district's maximum
 compressed tax rate or maximum compressed rate as determined under
 Section 48.2551 means the maximum compressed tax rate determined
 for the district under this section:
 (1)  Section 13.054(f);
 (2)  Section 45.003(d);
 (3)  Section 45.0032(a);
 (4)  Section 48.051(a);
 (5)  Sections 48.2553(a) and (e);
 (6)  Section 48.2556; and
 (7)  Section 26.08(n), Tax Code.
 (d)  For purposes of Section 30.003(f-1), a reference in that
 section to Section 48.2551 includes this section.
 (e)  Notwithstanding any other provision of this title, for
 purposes of determining a school district's maximum compressed tax
 rate under Section 48.2551 for the 2024-2025 school year, the value
 of the district's "PYMCR" is the maximum compressed tax rate
 determined for the district under this section for the preceding
 school year.
 (f)  This section expires September 1, 2025.
 Sec. 48.283.  ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
 IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025
 school years, a school district that received an adjustment under
 Section 48.257(b) for the 2022-2023 school year is entitled to
 additional state aid in an amount equal to the difference, if the
 difference is greater than zero, between:
 (1)  the amount of state and local revenue that would
 have been available to the district under this chapter and Chapter
 49 for the current school year if the district's maximum compressed
 tax rate had not been reduced under Section 48.2555, as added by
 H.B. ___, Acts of the 88th Legislature, 2nd Called Session, 2023;
 and
 (2)  the amount of state and local revenue available to
 the district under this chapter and Chapter 49 for the current
 school year.
 (b)  This section expires September 1, 2026.
 SECTION 2.  Subchapter F, Chapter 48, Education Code, is
 amended by adding Section 48.25551 to read as follows:
 Sec. 48.25551.  INFORMATION REGARDING MAXIMUM COMPRESSED
 TAX RATE FOR 2023-2024 SCHOOL YEAR.  (a)  As soon as practicable
 after the effective date of H.B. ___, Acts of the 88th Legislature,
 2nd Called Session, 2023, the agency shall:
 (1)  calculate and make available each school
 district's maximum compressed tax rate as determined under Section
 48.2555, as added by that Act; and
 (2)  make available the information necessary to
 calculate the amounts provided by Section 26.09(a-1), Tax Code.
 (b)  For purposes of Section 48.2556, the maximum compressed
 tax rates calculated under this section are preliminary rates for
 the 2023 tax year.
 (c)  This section expires September 1, 2024.
 SECTION 3.  Section 26.09, Tax Code, is amended by adding
 Subsections (a-1), (a-2), and (a-3) to read as follows:
 (a-1)  The assessor for a school district shall calculate the
 amount of tax imposed by the district on property for the 2023 tax
 year based on:
 (1)  the tax rate adopted by the governing body of the
 district under Section 26.05; and
 (2)  the tax rate described by Subdivision (1), less:
 (A)  $0.162; or
 (B)  if the district is subject to Section
 48.2555(b), Education Code, as added by H.B. _, Acts of the 88th
 Legislature, 2nd Called Session, 2023, the amount of the tax
 reduction received by the district determined by the commissioner
 under that section.
 (a-2)  The assessor for a school district shall prepare the
 district's tax bills for the 2023 tax year based on the amount of
 tax imposed by the district for that tax year as calculated under
 Subsection (a-1)(2) of this section and mail the bills as provided
 by Section 31.01. If the constitutional amendment proposed by the
 88th Legislature, 2nd Called Session, 2023, excepting certain
 appropriations to pay for school district ad valorem tax relief
 from the constitutional limitation on the rate of growth of
 appropriations is not approved by the voters, the assessor for the
 district shall prepare corrected tax bills using the amount of tax
 computed under Subsection (a-1)(1) and mail the corrected bills as
 soon as practicable after the election.
 (a-3)  This subsection and Subsections (a-1) and (a-2)
 expire December 31, 2023.
 SECTION 4.  Section 26.15, Tax Code, is amended by adding
 Subsection (h) to read as follows:
 (h)  The assessor for a school district shall correct the tax
 roll for the district for the 2023 tax year as necessary to reflect
 the results of the election to approve the constitutional amendment
 proposed by the 88th Legislature, 2nd Called Session, 2023,
 excepting certain appropriations to pay for school district ad
 valorem tax relief from the constitutional limitation on the rate
 of growth of appropriations. This subsection expires December 31,
 2023.
 SECTION 5.  (a) Except as provided by Subsection (b) of this
 section:
 (1)  this Act takes effect immediately if it receives a
 vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution; and
 (2)  if this Act does not receive the vote necessary for
 immediate effect, this Act takes effect on the 91st day after the
 last day of the legislative session.
 (b) Section 1 of this Act takes effect on the date on which
 the constitutional amendment proposed by the 88th Legislature, 2nd
 Called Session, 2023, excepting certain appropriations to pay for
 school district ad valorem tax relief from the constitutional
 limitation on the rate of growth of appropriations takes effect. If
 that amendment is not approved by the voters, Section 1 of this Act
 has no effect.