Texas 2023 - 88th 2nd C.S.

Texas House Bill HB62 Compare Versions

OldNewDifferences
11 By: Bryant H.B. No. 62
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to providing school district property tax relief through
77 rent-relief and through adjusting entitlements, compression, and
88 exemptions under the public school finance system.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 ARTICLE 1. PUBLIC SCHOOL FINANCE SYSTEM
1111 SECTION 1.01. Section 48.051(a), Education Code, is amended
1212 to read as follows:
1313 (a) For each student in average daily attendance, not
1414 including the time students spend each day in special education
1515 programs in an instructional arrangement other than mainstream or
1616 career and technology education programs, for which an additional
1717 allotment is made under Subchapter C, a district is entitled to an
1818 allotment equal to the lesser of $7,160 [$6,160] or the amount that
1919 results from the following formula:
2020 A = $7,160 [$6,160] X TR/MCR
2121 where:
2222 "A" is the allotment to which a district is entitled;
2323 "TR" is the district's tier one maintenance and operations
2424 tax rate, as provided by Section 45.0032; and
2525 "MCR" is the district's maximum compressed tax rate, as
2626 determined under Section 48.2551.
2727 SECTION 1.02. Effective September 1, 2025, Section 48.051,
2828 Education Code, is amended by adding Subsection (a-1) to read as
2929 follows:
3030 (a-1) Notwithstanding Subsection (a), for the second year
3131 of each state fiscal biennium, the commissioner shall adjust the
3232 basic allotment provided under Subsection (a) or (b) for the
3333 preceding state fiscal year by a factor equal to the average annual
3434 percentage increase, if any, in the Texas Consumer Price Index for
3535 the preceding 10 years.
3636 SECTION 1.03. Subchapter F, Chapter 48, Education Code, is
3737 amended by adding Sections 48.2555 and 48.283 to read as follows:
3838 Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2023-2024
3939 SCHOOL YEAR. (a) Notwithstanding any other provision of this title
4040 or Chapter 26, Tax Code, for the 2023-2024 school year the
4141 commissioner shall calculate the value of a school district's
4242 maximum compressed tax rate by determining the district's maximum
4343 compressed rate under Section 48.2551 or 48.2552(b), if applicable,
4444 and reducing the tax rate determined under the applicable section
4545 by $0.06.
4646 (b) If a school district's maximum compressed tax rate as
4747 calculated under Subsection (a) would be less than 90 percent of
4848 another school district's maximum compressed tax rate under
4949 Subsection (a), the district's maximum compressed tax rate is the
5050 value at which the district's maximum compressed tax rate would be
5151 equal to 90 percent of the other district's maximum compressed tax
5252 rate.
5353 (c) Notwithstanding any other provision of this title or
5454 Chapter 26, Tax Code, for purposes of determining funding for
5555 school districts for the 2023-2024 school year, a reference in any
5656 of the following provisions of law to a school district's maximum
5757 compressed tax rate or maximum compressed rate as determined under
5858 Section 48.2551 means the maximum compressed tax rate determined
5959 for the district under this section:
6060 (1) Section 13.054(f);
6161 (2) Section 45.003(d);
6262 (3) Section 45.0032(a);
6363 (4) Section 48.051(a);
6464 (5) Sections 48.2553(a) and (e);
6565 (6) Section 48.2556; and
6666 (7) Section 26.08(n), Tax Code.
6767 (d) For purposes of Section 30.003(f-1), a reference in that
6868 section to Section 48.2551 includes this section.
6969 (e) Notwithstanding any other provision of this title, for
7070 purposes of determining a school district's maximum compressed tax
7171 rate under Section 48.2551 for the 2024-2025 school year, the value
7272 of the district's "PYMCR" is the maximum compressed tax rate
7373 determined for the district under this section for the preceding
7474 school year.
7575 (f) This section expires September 1, 2025.
7676 Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
7777 IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025
7878 school years, a school district that received an adjustment under
7979 Section 48.257(b) for the 2022-2023 school year is entitled to
8080 additional state aid in an amount equal to the difference, if the
8181 difference is greater than zero, between:
8282 (1) the amount of state and local revenue that would
8383 have been available to the district under this chapter and Chapter
8484 49 for the current school year if the district's maximum compressed
8585 tax rate had not been reduced under Section 48.2555, as added by
8686 H.B. __, Acts of the 88th Legislature, 2nd Called Session, 2023; and
8787 (2) the amount of state and local revenue available to
8888 the district under this chapter and Chapter 49 for the current
8989 school year.
9090 (b) This section expires September 1, 2026.
9191 ARTICLE 2. SCHOOL DISTRICT RESIDENCE HOMESTEAD EXEMPTION
9292 SECTION 2.01. Section 11.13, Tax Code, is amended by
9393 amending Subsection (b) and adding Subsections (b-1) and (n-1) to
9494 read as follows:
9595 (b) Subject to Subsection (b-1), an adult is entitled to
9696 exemption from taxation by a school district of the greater of
9797 $100,000 or 25 percent [$40,000] of the appraised value of the
9898 adult's residence homestead, except that only $5,000 of the
9999 exemption applies to an entity operating under former Chapter 17,
100100 18, 25, 26, 27, or 28, Education Code, as those chapters existed on
101101 May 1, 1995, as permitted by Section 11.301, Education Code.
102102 (b-1) An exemption of 25 percent of the appraised value of
103103 the adult's residence homestead may not exceed $200,000 of the
104104 appraised value of the adult's residence homestead.
105105 (n-1) The governing body of a school district,
106106 municipality, or county that adopted an exemption under Subsection
107107 (n) for the 2022 tax year may not reduce the amount of or repeal the
108108 exemption. This subsection expires December 31, 2027.
109109 SECTION 2.02. Section 11.26, Tax Code, is amended by
110110 amending Subsections (a), (a-10), and (o) and adding Subsections
111111 (a-11) and (a-12) to read as follows:
112112 (a) The tax officials shall appraise the property to which
113113 this section applies and calculate taxes as on other property, but
114114 if the tax so calculated exceeds the limitation imposed by this
115115 section, the tax imposed is the amount of the tax as limited by this
116116 section, except as otherwise provided by this section. A school
117117 district may not increase the total annual amount of ad valorem tax
118118 it imposes on the residence homestead of an individual 65 years of
119119 age or older or on the residence homestead of an individual who is
120120 disabled, as defined by Section 11.13, above the amount of the tax
121121 it imposed in the first tax year in which the individual qualified
122122 that residence homestead for the applicable exemption provided by
123123 Section 11.13(c) for an individual who is 65 years of age or older
124124 or is disabled. If the individual qualified that residence
125125 homestead for the exemption after the beginning of that first year
126126 and the residence homestead remains eligible for the same exemption
127127 for the next year, and if the school district taxes imposed on the
128128 residence homestead in the next year are less than the amount of
129129 taxes imposed in that first year, a school district may not
130130 subsequently increase the total annual amount of ad valorem taxes
131131 it imposes on the residence homestead above the amount it imposed in
132132 the year immediately following the first year for which the
133133 individual qualified that residence homestead for the same
134134 exemption, except as provided by Subsection (b). [If the first tax
135135 year the individual qualified the residence homestead for the
136136 exemption provided by Section 11.13(c) for individuals 65 years of
137137 age or older or disabled was a tax year before the 2015 tax year, the
138138 amount of the limitation provided by this section is the amount of
139139 tax the school district imposed for the 2014 tax year less an amount
140140 equal to the amount determined by multiplying $10,000 times the tax
141141 rate of the school district for the 2015 tax year, plus any 2015 tax
142142 attributable to improvements made in 2014, other than improvements
143143 made to comply with governmental regulations or repairs.]
144144 (a-10) Notwithstanding the other provisions of this
145145 section, if in the 2024 or a subsequent tax year an individual
146146 qualifies for a limitation on tax increases provided by this
147147 section on the individual's residence homestead, the amount of the
148148 limitation provided by this section on the homestead is equal to the
149149 amount computed by:
150150 (1) multiplying the taxable value of the homestead in
151151 the preceding tax year by a tax rate equal to the difference between
152152 the school district's maximum compressed rate for the preceding tax
153153 year and the district's maximum compressed rate for the current tax
154154 year;
155155 (2) subtracting the amount computed under Subdivision
156156 (1) from the amount of tax the district imposed on the homestead in
157157 the preceding tax year; [and]
158158 (3) adding any tax imposed in the current tax year
159159 attributable to improvements made in the preceding tax year as
160160 provided by Subsection (b) to the amount computed under Subdivision
161161 (2);
162162 (4) multiplying the amount of any increase in the
163163 current tax year as compared to the preceding tax year in the
164164 aggregate amount of the exemptions to which the individual is
165165 entitled under Sections 11.13(b) and (c) by the school district's
166166 tax rate for the current tax year; and
167167 (5) subtracting the amount computed under Subdivision
168168 (4) from the amount computed under Subdivision (3).
169169 (a-11) This subsection applies only to an individual who in
170170 the 2023 tax year qualifies for a limitation under this section and
171171 for whom the 2022 tax year or an earlier tax year was the first tax
172172 year the individual or the individual's spouse qualified for an
173173 exemption under Section 11.13(c). The amount of the limitation
174174 provided by this section on the residence homestead of an
175175 individual to which this subsection applies for the 2023 tax year is
176176 the amount of the limitation as computed under Subsection (a-5),
177177 (a-6), (a-7), (a-8), or (a-9) of this section, as applicable, less
178178 an amount equal to the product of the tax rate of the school
179179 district for the 2023 tax year and the difference between the amount
180180 of the exemption provided by Section 11.13(b) for the property for
181181 that tax year and $40,000. This subsection expires January 1, 2025.
182182 (a-12) This subsection applies only to an individual who in
183183 the 2023 tax year qualifies for a limitation under this section and
184184 for whom the 2021 tax year or an earlier tax year was the first tax
185185 year the individual or the individual's spouse qualified for an
186186 exemption under Section 11.13(c). The amount of the limitation
187187 provided by this section on the residence homestead of an
188188 individual to which this subsection applies for the 2023 tax year is
189189 the amount of the limitation as computed under Subsection (a-11) of
190190 this section less an amount equal to the product of $15,000 and the
191191 tax rate of the school district for the 2022 tax year. This
192192 subsection expires January 1, 2025.
193193 (o) Notwithstanding Subsections (a)[, (a-3),] and (b), an
194194 improvement to property that would otherwise constitute an
195195 improvement under Subsection (b) is not treated as an improvement
196196 under that subsection if the improvement is a replacement structure
197197 for a structure that was rendered uninhabitable or unusable by a
198198 casualty or by wind or water damage. For purposes of appraising the
199199 property in the tax year in which the structure would have
200200 constituted an improvement under Subsection (b), the replacement
201201 structure is considered to be an improvement under that subsection
202202 only if:
203203 (1) the square footage of the replacement structure
204204 exceeds that of the replaced structure as that structure existed
205205 before the casualty or damage occurred; or
206206 (2) the exterior of the replacement structure is of
207207 higher quality construction and composition than that of the
208208 replaced structure.
209209 SECTION 2.03. Section 46.071, Education Code, is amended by
210210 amending Subsections (a-1) and (b-1) and adding Subsections (a-2),
211211 (b-2), and (c-2) to read as follows:
212212 (a-1) For [Beginning with] the 2022-2023 school year, a
213213 school district is entitled to additional state aid under this
214214 subchapter to the extent that state and local revenue used to
215215 service debt eligible under this chapter is less than the state and
216216 local revenue that would have been available to the district under
217217 this chapter as it existed on September 1, 2021, if any increase in
218218 the residence homestead exemption under Section 1-b(c), Article
219219 VIII, Texas Constitution, as proposed by the 87th Legislature, 3rd
220220 Called Session, 2021, had not occurred.
221221 (a-2) Beginning with the 2023-2024 school year, a school
222222 district is entitled to additional state aid under this subchapter
223223 to the extent that state and local revenue used to service debt
224224 eligible under this chapter is less than the state and local revenue
225225 that would have been available to the district under this chapter as
226226 it existed on September 1, 2022, if any increase in a residence
227227 homestead exemption under Section 1-b(c), Article VIII, Texas
228228 Constitution, and any additional limitation on tax increases under
229229 Section 1-b(d) of that article as proposed by the 88th Legislature,
230230 2nd Called Session, 2023, had not occurred.
231231 (b-1) Subject to Subsections (c-1), (d), and (e),
232232 additional state aid under this section for [beginning with] the
233233 2022-2023 school year is equal to the amount by which the loss of
234234 local interest and sinking revenue for debt service attributable to
235235 any increase in the residence homestead exemption under Section
236236 1-b(c), Article VIII, Texas Constitution, as proposed by the 87th
237237 Legislature, 3rd Called Session, 2021, is not offset by a gain in
238238 state aid under this chapter.
239239 (b-2) Subject to Subsections (c-2), (d), and (e),
240240 additional state aid under this section beginning with the
241241 2023-2024 school year is equal to the amount by which the loss of
242242 local interest and sinking revenue for debt service attributable to
243243 any increase in a residence homestead exemption under Section
244244 1-b(c), Article VIII, Texas Constitution, and any additional
245245 limitation on tax increases under Section 1-b(d) of that article as
246246 proposed by the 88th Legislature, 2nd Called Session, 2023, is not
247247 offset by a gain in state aid under this chapter.
248248 (c-2) For the purpose of determining state aid under
249249 Subsections (a-2) and (b-2), local interest and sinking revenue for
250250 debt service is limited to revenue required to service debt
251251 eligible under this chapter as of September 1, 2023, including
252252 refunding of that debt, subject to Section 46.061. The limitation
253253 imposed by Section 46.034(a) does not apply for the purpose of
254254 determining state aid under this section.
255255 SECTION 2.04. Section 48.2542, Education Code, is amended
256256 to read as follows:
257257 Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF
258258 LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED.
259259 Notwithstanding any other provision of this chapter, if a school
260260 district is not fully compensated through state aid or the
261261 calculation of excess local revenue under this chapter based on the
262262 determination of the district's taxable value of property under
263263 Subchapter M, Chapter 403, Government Code, the district is
264264 entitled to additional state aid in the amount necessary to fully
265265 compensate the district for the amount of ad valorem tax revenue
266266 lost due to a reduction of the amount of the limitation on tax
267267 increases provided by Sections 11.26(a-4), (a-5), (a-6), (a-7),
268268 (a-8), (a-9), [and] (a-10), (a-11), and (a-12), Tax Code, as
269269 applicable.
270270 SECTION 2.05. Effective January 1, 2025, Section 48.2542,
271271 Education Code, is amended to read as follows:
272272 Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF
273273 LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED.
274274 Notwithstanding any other provision of this chapter, if a school
275275 district is not fully compensated through state aid or the
276276 calculation of excess local revenue under this chapter based on the
277277 determination of the district's taxable value of property under
278278 Subchapter M, Chapter 403, Government Code, the district is
279279 entitled to additional state aid in the amount necessary to fully
280280 compensate the district for the amount of ad valorem tax revenue
281281 lost due to a reduction of the amount of the limitation on tax
282282 increases provided by Section 11.26(a-10) [Sections 11.26(a-4),
283283 (a-5), (a-6), (a-7), (a-8), (a-9), and (a-10)], Tax Code[, as
284284 applicable].
285285 SECTION 2.06. Section 48.2543, Education Code, is amended
286286 to read as follows:
287287 Sec. 48.2543. ADDITIONAL STATE AID FOR RESIDENTIAL REAL
288288 PROPERTY EXEMPTIONS [HOMESTEAD EXEMPTION]. (a) For [Beginning
289289 with] the 2022-2023 school year, a school district is entitled to
290290 additional state aid to the extent that state and local revenue
291291 under this chapter and Chapter 49 is less than the state and local
292292 revenue that would have been available to the district under this
293293 chapter and Chapter 49 as those chapters existed on September 1,
294294 2021, if any increase in the residence homestead exemption under
295295 Section 1-b(c), Article VIII, Texas Constitution, as proposed by
296296 the 87th Legislature, 3rd Called Session, 2021, had not occurred.
297297 (a-1) Beginning with the 2023-2024 school year, a school
298298 district is entitled to additional state aid to the extent that
299299 state and local revenue under this chapter and Chapter 49 is less
300300 than the state and local revenue that would have been available to
301301 the district under this chapter and Chapter 49 as those chapters
302302 existed on September 1, 2022, if any increase in a residence
303303 homestead exemption under Section 1-b(c), Article VIII, Texas
304304 Constitution, and any additional limitation on tax increases under
305305 Section 1-b(d) of that article as proposed by the 88th Legislature,
306306 2nd Called Session, 2023, had not occurred.
307307 (b) The lesser of the school district's currently adopted
308308 maintenance and operations tax rate or the adopted maintenance and
309309 operations tax rate for:
310310 (1) the 2021 tax year is used for the purpose of
311311 determining additional state aid under Subsection (a); and
312312 (2) the 2022 tax year is used for the purpose of
313313 determining additional state aid under Subsection (a-1).
314314 SECTION 2.07. Section 48.2556(a), Education Code, is
315315 amended to read as follows:
316316 (a) The agency shall post the following information on the
317317 agency's Internet website for purposes of allowing the chief
318318 appraiser of each appraisal district and the assessor for each
319319 school district to make the calculations required by Sections
320320 11.26(a-5), (a-6), (a-7), (a-8), (a-9), [and] (a-10), (a-11), and
321321 (a-12), Tax Code:
322322 (1) each school district's maximum compressed rate, as
323323 determined under Section 48.2551, for each tax year beginning with
324324 the 2019 tax year; and
325325 (2) each school district's tier one maintenance and
326326 operations tax rate, as provided by Section 45.0032(a), for the
327327 2018 tax year.
328328 SECTION 2.08. Effective January 1, 2025, Section
329329 48.2556(a), Education Code, is amended to read as follows:
330330 (a) For purposes of allowing the chief appraiser of each
331331 appraisal district and the assessor for each school district to
332332 make the calculations required by Section 11.26(a-10), Tax Code,
333333 the [The] agency shall post [the following information] on the
334334 agency's Internet website [for purposes of allowing the chief
335335 appraiser of each appraisal district and the assessor for each
336336 school district to make the calculations required by Sections
337337 11.26(a-5), (a-6), (a-7), (a-8), (a-9), and (a-10), Tax Code:
338338 [(1)] each school district's maximum compressed rate,
339339 as determined under Section 48.2551, for the current [each] tax
340340 year and the preceding [beginning with the 2019] tax year[; and
341341 [(2) each school district's tier one maintenance and
342342 operations tax rate, as provided by Section 45.0032(a), for the
343343 2018 tax year].
344344 SECTION 2.09. Section 49.004, Education Code, is amended by
345345 adding Subsections (a-1), (b-1), and (c-1) to read as follows:
346346 (a-1) This subsection applies only if the constitutional
347347 amendment proposed by H.J.R. __, 88th Legislature, 2nd Called
348348 Session, 2023, is approved by the voters in an election held for
349349 that purpose. As soon as practicable after receiving revised
350350 property values that reflect adoption of the constitutional
351351 amendment, the commissioner shall review the local revenue level of
352352 districts in the state and revise as necessary the notifications
353353 provided under Subsection (a) for the 2023-2024 school year. This
354354 subsection expires September 1, 2024.
355355 (b-1) This subsection applies only to a district that has
356356 not previously held an election under this chapter.
357357 Notwithstanding Subsection (b), a district that enters into an
358358 agreement to exercise an option to reduce the district's local
359359 revenue level in excess of entitlement under Section 49.002(3),
360360 (4), or (5) for the 2023-2024 school year may request and, as
361361 provided by Section 49.0042(a), receive approval from the
362362 commissioner to delay the date of the election otherwise required
363363 to be ordered before September 1. This subsection expires
364364 September 1, 2024.
365365 (c-1) Notwithstanding Subsection (c), a district that
366366 receives approval from the commissioner to delay an election as
367367 provided by Subsection (b-1) may adopt a tax rate for the 2023 tax
368368 year before the commissioner certifies that the district has
369369 reduced its local revenue level to the level established by Section
370370 48.257. This subsection expires September 1, 2024.
371371 SECTION 2.10. Subchapter A, Chapter 49, Education Code, is
372372 amended by adding Section 49.0042 to read as follows:
373373 Sec. 49.0042. TRANSITIONAL PROVISIONS: RESIDENTIAL REAL
374374 PROPERTY EXEMPTIONS AND LIMITATION ON TAX INCREASES. (a) The
375375 commissioner shall approve a district's request under Section
376376 49.004(b-1) to delay the date of an election required under this
377377 chapter if the commissioner determines that the district would not
378378 have a local revenue level in excess of entitlement if the
379379 constitutional amendment proposed by H.J.R., 88th Legislature, 2nd
380380 Called Session, 2023, were approved by the voters.
381381 (b) The commissioner shall set a date by which each district
382382 that receives approval under this section must order the election.
383383 (c) Not later than the 2024-2025 school year, the
384384 commissioner shall order detachment and annexation of property
385385 under Subchapter G or consolidation under Subchapter H as necessary
386386 to reduce the district's local revenue level to the level
387387 established by Section 48.257 for a district that receives approval
388388 under this section and subsequently:
389389 (1) fails to hold the election; or
390390 (2) does not receive voter approval at the election.
391391 (d) This section expires September 1, 2025.
392392 SECTION 2.11. Subchapter A, Chapter 49, Education Code, is
393393 amended by adding Section 49.0121 to read as follows:
394394 Sec. 49.0121. TRANSITIONAL ELECTION DATES. (a) This
395395 section applies only to an election under this chapter that occurs
396396 during the 2023-2024 school year.
397397 (b) Section 49.012 does not apply to a district that
398398 receives approval of a request under Section 49.0042. The district
399399 shall hold the election on a Tuesday or Saturday on or before a date
400400 specified by the commissioner. Section 41.001, Election Code, does
401401 not apply to the election.
402402 (c) This section expires September 1, 2024.
403403 SECTION 2.12. Section 49.154, Education Code, is amended by
404404 adding Subsections (a-2) and (a-3) to read as follows:
405405 (a-2) Notwithstanding Subsections (a) and (a-1), a district
406406 that receives approval of a request under Section 49.0042 shall pay
407407 for credit purchased:
408408 (1) in equal monthly payments as determined by the
409409 commissioner beginning March 15, 2024, and ending August 15, 2024;
410410 or
411411 (2) in the manner provided by Subsection (a)(2),
412412 provided that the district notifies the commissioner of the
413413 district's election to pay in that manner not later than March 15,
414414 2024.
415415 (a-3) Subsection (a-2) and this subsection expire September
416416 1, 2024.
417417 SECTION 2.13. Section 49.308, Education Code, is amended by
418418 adding Subsection (a-1) to read as follows:
419419 (a-1) Notwithstanding Subsection (a), for the 2023-2024
420420 school year, the commissioner shall order any detachments and
421421 annexations of property under this subchapter as soon as
422422 practicable after the canvass of the votes on the constitutional
423423 amendment proposed by H.J.R. __, 88th Legislature, 2nd Called
424424 Session, 2023. This subsection expires September 1, 2024.
425425 SECTION 2.14. Section 403.302, Government Code, is amended
426426 by amending Subsection (j-1) and adding Subsection (j-2) to read as
427427 follows:
428428 (j-1) In the final certification of the study under
429429 Subsection (j), the comptroller shall separately identify the final
430430 taxable value for each school district as adjusted to account for
431431 the reduction of the amount of the limitation on tax increases
432432 provided by Section 11.26(a-10) [Sections 11.26(a-4), (a-5),
433433 (a-6), (a-7), (a-8), (a-9), and (a-10)], Tax Code[, as applicable].
434434 (j-2) In the final certification of the study under
435435 Subsection (j), the comptroller shall separately identify the final
436436 taxable value for each school district as adjusted to account for
437437 the reduction of the amount of the limitation on tax increases
438438 provided by Sections 11.26(a-5), (a-6), (a-7), (a-8), (a-9),
439439 (a-10), (a-11), and (a-12), Tax Code. This subsection expires
440440 January 1, 2025.
441441 SECTION 2.15. Section 25.23, Tax Code, is amended by adding
442442 Subsection (a-1) to read as follows:
443443 (a-1) This subsection applies only to the appraisal records
444444 for the 2023 tax year. The chief appraiser shall prepare
445445 supplemental appraisal records to account for the changes in law
446446 made by H.B. __, Acts of the 88th Legislature, 2nd Called Session,
447447 2023. This subsection expires December 31, 2024.
448448 SECTION 2.16. Section 26.04, Tax Code, is amended by adding
449449 Subsections (a-1) and (c-1) to read as follows:
450450 (a-1) On receipt of the appraisal roll for the 2023 tax
451451 year, the assessor for a school district shall determine the total
452452 taxable value of property taxable by the district and the taxable
453453 value of new property as if the changes in law made by H.B. __, Acts
454454 of the 88th Legislature, 2nd Called Session, 2023, to apply to the
455455 2023 tax year were in effect for that tax year. This subsection
456456 expires December 31, 2024.
457457 (c-1) An officer or employee designated by the governing
458458 body of a school district shall calculate the no-new-revenue tax
459459 rate and the voter-approval tax rate of the district for the 2023
460460 tax year as if the changes in law made by H.B. __, Acts of the 88th
461461 Legislature, 2nd Called Session, 2023, to apply to the 2023 tax year
462462 were in effect for that tax year. This subsection expires December
463463 31, 2024.
464464 SECTION 2.17. Section 26.08, Tax Code, is amended by adding
465465 Subsection (q) to read as follows:
466466 (q) For purposes of this section, the voter-approval tax
467467 rate of a school district for the 2023 tax year shall be calculated
468468 as if the changes in law made by H.B. __, Acts of the 88th
469469 Legislature, 2nd Called Session, 2023, to apply to the 2023 tax year
470470 were in effect for that tax year. This subsection expires December
471471 31, 2024.
472472 SECTION 2.18. Section 26.09, Tax Code, is amended by adding
473473 Subsection (c-1) to read as follows:
474474 (c-1) The assessor for a school district shall calculate the
475475 amount of tax imposed by the district on a residence homestead for
476476 the 2023 tax year as if the changes in law made by H.B. __, Acts of
477477 the 88th Legislature, 2nd Called Session, 2023, to apply to the 2023
478478 tax year were in effect for that tax year and also as if the changes
479479 in law made by that Act were not in effect for that tax year. This
480480 subsection expires December 31, 2024.
481481 SECTION 2.19. Section 26.15, Tax Code, is amended by adding
482482 Subsection (h) to read as follows:
483483 (h) The assessor for a school district shall correct the tax
484484 roll for the district for the 2023 tax year to reflect the results
485485 of the election to approve the constitutional amendment proposed by
486486 H.J.R. __, 88th Legislature, 2nd Called Session, 2023. This
487487 subsection expires December 31, 2024.
488488 SECTION 2.20. Section 31.01, Tax Code, is amended by adding
489489 Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows:
490490 (d-2) This subsection and Subsections (d-3) and (d-4) apply
491491 only to taxes imposed by a school district on a residence homestead
492492 for the 2023 tax year and only if the changes in law made by H.B. __,
493493 Acts of the 88th Legislature, 2nd Called Session, 2023, would lower
494494 the taxes imposed by the district on the property for that tax year.
495495 The assessor for the district shall compute the amount of taxes
496496 imposed and the other information required by this section as if the
497497 changes in law made by H.B. __, Acts of the 88th Legislature, 2nd
498498 Called Session, 2023, to apply to the 2023 tax year were in effect
499499 for that tax year. The tax bill or the separate statement must
500500 indicate that the bill is a provisional tax bill and include a
501501 statement in substantially the following form:
502502 "If the Texas Legislature had not enacted property tax relief
503503 legislation during the 2023 legislative session, your tax bill
504504 would have been $____ (insert amount of tax bill if the changes in
505505 law made by H.B. __, Acts of the 88th Legislature, 2nd Called
506506 Session, 2023, were not in effect for that tax year). Because of
507507 action by the Texas Legislature, your tax bill has been lowered by
508508 $____ (insert difference between amount of tax bill if the changes
509509 in law made by H.B. __, Acts of the 88th Legislature, 2nd Called
510510 Session, 2023, were not in effect for that tax year and amount of
511511 tax bill if that Act were in effect for that tax year), resulting in
512512 a lower tax bill of $____ (insert amount of tax bill if the changes
513513 in law made by H.B. __, Acts of the 88th Legislature, 2nd Called
514514 Session, 2023, were in effect for that tax year), contingent on the
515515 approval by the voters at an election to be held November 7, 2023,
516516 of the constitutional amendment proposed by H.J.R. __, 88th
517517 Legislature, 2nd Called Session, 2023. If that constitutional
518518 amendment is not approved by the voters at the election, a
519519 supplemental tax bill in the amount of $____ (insert difference
520520 between amount of tax bill if the changes in law made by H.B. __,
521521 Acts of the 88th Legislature, 2nd Called Session, 2023, were not in
522522 effect for that tax year and amount of tax bill if that Act were in
523523 effect for that tax year) will be mailed to you."
524524 (d-3) A tax bill prepared by the assessor for a school
525525 district as provided by Subsection (d-2) and mailed as provided by
526526 Subsection (a) is considered to be a provisional tax bill until the
527527 canvass of the votes on the constitutional amendment proposed by
528528 H.J.R. __, 88th Legislature, 2nd Called Session, 2023. If the
529529 constitutional amendment is approved by the voters, the tax bill is
530530 considered to be a final tax bill for the taxes imposed on the
531531 property for the 2023 tax year, and no additional tax bill is
532532 required to be mailed unless another provision of this title
533533 requires the mailing of a corrected tax bill. If the constitutional
534534 amendment is not approved by the voters:
535535 (1) a tax bill prepared by the assessor as provided by
536536 Subsection (d-2) is considered to be a final tax bill but only as to
537537 the portion of the taxes imposed on the property for the 2023 tax
538538 year that are included in the bill;
539539 (2) the amount of taxes imposed by each school
540540 district on a residence homestead for the 2023 tax year is
541541 calculated as if the changes in law made by H.B. __, Acts of the
542542 88th Legislature, 2nd Called Session, 2023, were not in effect for
543543 that tax year; and
544544 (3) except as provided by Subsections (f), (i-1), and
545545 (k), the assessor for each school district shall prepare and mail a
546546 supplemental tax bill, by December 1 or as soon thereafter as
547547 practicable, in an amount equal to the difference between the
548548 amount of the tax bill if the changes in law made by H.B. __, Acts of
549549 the 88th Legislature, 2nd Called Session, 2023, were not in effect
550550 for that tax year and the amount of the tax bill if that Act were in
551551 effect for that tax year.
552552 (d-4) Except as otherwise provided by Subsection (d-3), the
553553 provisions of this section other than Subsection (d-2) apply to a
554554 supplemental tax bill mailed under Subsection (d-3).
555555 (d-5) This subsection and Subsections (d-2), (d-3), and
556556 (d-4) expire December 31, 2024.
557557 SECTION 2.21. Section 31.02, Tax Code, is amended by adding
558558 Subsection (a-1) to read as follows:
559559 (a-1) Except as provided by Subsection (b) of this section
560560 and Sections 31.03 and 31.04, taxes for which a supplemental tax
561561 bill is mailed under Section 31.01(d-3) are due on receipt of the
562562 tax bill and are delinquent if not paid before March 1 of the year
563563 following the year in which imposed. This subsection expires
564564 December 31, 2024.
565565 SECTION 2.22. (a) Sections 11.26(a-1), (a-2), and (a-3),
566566 Tax Code, are repealed.
567567 (b) Effective January 1, 2025, Sections 11.26(a-5), (a-6),
568568 (a-7), (a-8), and (a-9), Tax Code, are repealed.
569569 SECTION 2.23. The changes in law made by this article to
570570 Sections 11.13 and 11.26, Tax Code, apply beginning with the ad
571571 valorem tax year that begins January 1, 2023.
572572 ARTICLE 3. PROPERTY TAX RELIEF FOR RENTERS
573573 SECTION 3.01. Chapter 5, Tax Code, is amended by adding
574574 Section 5.17 to read as follows:
575575 Sec. 5.17. PROPERTY TAX RELIEF TO RENTAL HOUSEHOLDS. (a)
576576 In addition to the additional state aid to which a school district
577577 is entitled resulting from property tax reduction legislation
578578 enacted by the 88th Legislature, Second Called Session, the
579579 comptroller shall administer the application and distribution of
580580 the amount dedicated by the Texas Constitution for the purpose of a
581581 property tax rebate for eligible rental households.
582582 (b) Subject to the requirements in subsections (c)-(h),
583583 each rental household shall receive a payment from the property tax
584584 relief to rental households fund established in Section 30, Article
585585 VIII, Texas Constitution, of up to ten percent of the rent paid
586586 during the previous tax year. The total annual payments to rental
587587 households from the property tax relief to rental households fund
588588 shall not exceed an amount equal to half of the balance of the fund.
589589 If the total payments applied for in a tax year exceeds half of the
590590 balance of the fund, each rental household's payment from the
591591 property tax relief to rental households fund shall be reduced
592592 proportionately until the total annual payments to rental
593593 households equals half of the balance in the fund.
594594 (c) A rental household is defined as a person or persons who
595595 pay rent to live in their primary residence.
596596 (d) A rental household is eligible for a payment from the
597597 property tax relief for rental households fund if they have paid
598598 rent to the same landlord for the twelve calendar months of the year
599599 for which they have applied for a payment.
600600 (e) Landlords are required to file with the comptroller a
601601 certificate of rent paid, in a form prescribed by the comptroller,
602602 on February 1 stating the amount each rental household paid in rent
603603 in the previous tax year.
604604 (f) To be eligible for a payment, a rental household must
605605 apply for a payment from the property tax relief for rental
606606 households fund by a date set by the comptroller, using a form
607607 prescribed by the comptroller.
608608 (g) Upon the expiration of the application deadline, the
609609 comptroller shall determine the total tax payments from the
610610 property tax relief for rental households fund applied for. The
611611 total annual payments to rental households from the property tax
612612 relief to rental households fund shall not exceed an amount equal to
613613 half of the balance of the fund. If the total payments applied for
614614 in a tax year exceeds half of the balance of the fund, each rental
615615 household's payment from the property tax relief to rental
616616 households fund shall be reduced proportionately until the total
617617 annual payments to rental households equals half of the balance in
618618 the fund.
619619 (h) The comptroller shall make additional rules necessary
620620 to administer the payments from the property tax relief to rental
621621 households fund to eligible rental households to achieve the
622622 purposes of this section.
623623 ARTICLE 4. EFFECTIVE DATES
624624 SECTION 4.01. Except as otherwise provided by this Act,
625625 this Act takes effect on the 91st day after the last day of the
626626 legislative session.
627627 SECTION 4.02. Section 48.051(a), Education Code, as amended
628628 by this Act, and Sections 48.102(a-1) and 48.2555, Education Code,
629629 as added by this Act, take effect September 1, 2023, if this Act
630630 receives a vote of two-thirds of all the members elected to each
631631 house, as provided by Section 39, Article III, Texas Constitution.
632632 If this Act does not receive the vote necessary for effect on that
633633 date, those sections take effect on the 91st day after the last day
634634 of the legislative session.
635635 SECTION 4.03. (a) Except as provided by Subsection (b) of
636636 this section or as otherwise provided by Article 2 of this Act:
637637 (1) Article 2 of this Act takes effect on the date on
638638 which the constitutional amendment proposed by the 88th
639639 Legislature, 2nd Called Session, 2023, to increase the amount of
640640 the exemption from ad valorem taxation by a school district
641641 applicable to residence homesteads, to adjust the amount of the
642642 limitation on school district ad valorem taxes imposed on the
643643 residence homesteads of the elderly or disabled to reflect
644644 increases in certain exemption amounts, to establish the property
645645 tax relief to rental households fund and authorize the legislature
646646 to provide payments to rental households from that fund based on a
647647 proportion of rent paid, and to except certain appropriations to
648648 pay for school district ad valorem tax relief and property tax
649649 relief payments to rental households from the constitutional
650650 limitation on the rate of growth of appropriations takes effect;
651651 and
652652 (2) if that amendment is not approved by the voters,
653653 Article 2 of this Act has no effect.
654654 (b) Sections 49.004(a-1), (b-1), and (c-1), 49.0042,
655655 49.0121, 49.154(a-2) and (a-3), and 49.308(a-1), Education Code,
656656 and Sections 25.23(a-1), 26.04(a-1) and (c-1), 26.08(q),
657657 26.09(c-1), 26.15(h), 31.01(d-2), (d-3), (d-4), and (d-5), and
658658 31.02(a-1), Tax Code, as added by Article 2 of this Act, take effect
659659 immediately if this Act receives a vote of two-thirds of all the
660660 members elected to each house, as provided by Section 39, Article
661661 III, Texas Constitution. If this Act does not receive the vote
662662 necessary for those sections to have immediate effect, those
663663 sections take effect on the 91st day after the last day of the
664664 legislative session.
665665 SECTION 4.04. Article 3 of this Act takes effect on the date
666666 on which the constitutional amendment proposed by the 88th
667667 Legislature, 2nd Called Session, 2023, to increase the amount of
668668 the exemption from ad valorem taxation by a school district
669669 applicable to residence homesteads, to adjust the amount of the
670670 limitation on school district ad valorem taxes imposed on the
671671 residence homesteads of the elderly or disabled to reflect
672672 increases in certain exemption amounts, to establish the property
673673 tax relief to rental households fund and authorize the legislature
674674 to provide payments to rental households from that fund based on a
675675 proportion of rent paid, and to except certain appropriations to
676676 pay for school district ad valorem tax relief and property tax
677677 relief payments to rental households from the constitutional
678678 limitation on the rate of growth of appropriations takes effect;
679679 and if that amendment is not approved by the voters, Article 3 of
680680 this Act has no effect.