Texas 2023 - 88th 2nd C.S.

Texas House Bill HB18 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Toth H.B. No. 18
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to reducing school district maintenance and operations ad
7	7	valorem taxes through the use of certain surplus state revenue.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 48.255, Education Code, is amended by
10	10	amending Subsection (b) and adding Subsections (d) and (e) to read
11	11	as follows:
12	12	(b) Subject to Subsection (d), the [The] state compression
13	13	percentage is the lower of:
14	14	(1) 93 percent, or a lower percentage set by
15	15	appropriation for a school year;
16	16	(2) the percentage determined by the following
17	17	formula:
18	18	SCP = PYCP X 1.025/(1 + ECPV); or
19	19	(3) the percentage determined under this section for
20	20	the preceding school year.
21	21	(d) For each school year, the commissioner shall reduce the
22	22	state compression percentage determined under Subsection (b) to the
23	23	lowest percentage possible as a result of:
24	24	(1) money deposited to the credit of the property tax
25	25	relief fund under Section 403.109(e), Government Code; and
26	26	(2) any additional money appropriated for purposes of
27	27	this subsection.
28	28	(e) Notwithstanding any other provision, if for any school
29	29	year the commissioner determines under Subsection (b) or (d) that
30	30	the state compression percentage is zero:
31	31	(1) a school district may not impose a tier one
32	32	maintenance and operations tax for that school year or for any
33	33	subsequent school year; and
34	34	(2) each school district is entitled to funding under
35	35	Chapter 46 and this chapter for each school year as if the district
36	36	had:
37	37	(A) a tier one maintenance and operations tax
38	38	rate equal to the district's maximum compressed tax rate determined
39	39	under Section 48.2551; and
40	40	(B) no local share for purposes of Section
41	41	48.256.
42	42	SECTION 2. Section 403.109, Government Code, is amended by
43	43	adding Subsections (e), (f), and (g) to read as follows:
44	44	(e) For each state fiscal biennium beginning before a
45	45	determination by the commissioner of education under Section
46	46	48.255(e), Education Code, the comptroller shall:
47	47	(1) allocate for deposit to the credit of the fund
48	48	general revenue in an amount equal to 100 percent of the amount by
49	49	which the amount of general revenue received in that biennium
50	50	exceeds the amount of consolidated general revenue appropriations,
51	51	as defined by Section 316.001, that could be appropriated within
52	52	the limit on the rate of growth of those appropriations adopted
53	53	under Section 316.005 for that biennium; and
54	54	(2) periodically deposit to the credit of the fund the
55	55	general revenue allocated under Subdivision (1), with the final
56	56	deposit for that biennium to be made not later than the 90th day of
57	57	the next state fiscal biennium.
58	58	(f) Notwithstanding any other provision of this section,
59	59	and except as otherwise provided by this subsection, money
60	60	deposited to the credit of the fund under Subsection (e) may be
61	61	appropriated only to the Texas Education Agency for use in
62	62	providing property tax relief through reduction of the state
63	63	compression percentage, as defined by Section 48.255, Education
64	64	Code. If the amount of money available to be appropriated under
65	65	this subsection for a state fiscal biennium exceeds the amount of
66	66	school district maintenance and operations taxes the commissioner
67	67	of education estimates to be payable for that biennium, the surplus
68	68	amount may be appropriated for any purpose.
69	69	(g) Notwithstanding any other provision of this section,
70	70	for the state fiscal biennium beginning September 1, 2023, the
71	71	comptroller shall allocate for deposit to the credit of the fund
72	72	general revenue in an amount equal to 63 percent of the amount by
73	73	which the amount of general revenue received before that biennium
74	74	exceeds the amount of consolidated general revenue appropriations,
75	75	as defined by Section 316.001, that could be appropriated within
76	76	the limit on the rate of growth of those appropriations adopted
77	77	under Section 316.005 for that biennium.
78	78	SECTION 3. This Act applies beginning with the state fiscal
79	79	biennium beginning September 1, 2023.
80	80	SECTION 4. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect on the 91st day after the last day of the
85	85	legislative session.