Texas 2023 - 88th 3rd C.S.

Texas House Bill HB99 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Cain H.B. No. 99
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) and (f) 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 90 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	except as otherwise provided by this subsection, money deposited to
60	60	the credit of the fund under Subsection (e) may be appropriated only
61	61	to the Texas Education Agency for use in providing property tax
62	62	relief through reduction of the state compression percentage, as
63	63	defined by Section 48.255, Education Code. If the amount of money
64	64	available to be appropriated under this subsection for a state
65	65	fiscal biennium exceeds the amount of school district maintenance
66	66	and operations taxes the commissioner of education estimates to be
67	67	payable for that biennium, the legislature may appropriate the
68	68	surplus amount for any purpose.
69	69	SECTION 3. This Act applies beginning with the state fiscal
70	70	biennium beginning September 1, 2023.
71	71	SECTION 4. This Act takes effect on the 91st day after the
72	72	last day of the legislative session.