1 | 1 | | 89R2444 LHC/MM-D |
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2 | 2 | | By: Morales of Harris H.B. No. 378 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to an increase in the amount of the exemption of residence |
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10 | 10 | | homesteads from ad valorem taxation by a school district and the |
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11 | 11 | | protection of school districts against the resulting loss in local |
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12 | 12 | | revenue. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 11.13(b), Tax Code, is amended to read as |
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15 | 15 | | follows: |
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16 | 16 | | (b) An adult is entitled to exemption from taxation by a |
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17 | 17 | | school district of $200,000 [$100,000] of the appraised value of |
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18 | 18 | | the adult's residence homestead, except that only $5,000 of the |
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19 | 19 | | exemption applies to an entity operating under former Chapter 17, |
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20 | 20 | | 18, 25, 26, 27, or 28, Education Code, as those chapters existed on |
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21 | 21 | | May 1, 1995, as permitted by Section 11.301, Education Code. |
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22 | 22 | | SECTION 2. Section 46.071, Education Code, is amended by |
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23 | 23 | | adding Subsection (a-3) and amending Subsections (b-2) and (c-2) to |
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24 | 24 | | read as follows: |
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25 | 25 | | (a-3) Beginning with the 2026-2027 school year, in addition |
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26 | 26 | | to state aid a school district is entitled to under Subsection |
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27 | 27 | | (a-2), a school district is also entitled to additional state aid |
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28 | 28 | | under this subchapter to the extent that state and local revenue |
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29 | 29 | | used to service debt eligible under this chapter is less than the |
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30 | 30 | | state and local revenue that would have been available to the |
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31 | 31 | | district under this chapter as it existed on September 1, 2025, if |
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32 | 32 | | any increase in the residence homestead exemption under Section |
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33 | 33 | | 1-b(c), Article VIII, Texas Constitution, as proposed by the 89th |
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34 | 34 | | Legislature, Regular Session, 2025, had not occurred. |
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35 | 35 | | (b-2) Subject to Subsections (c-2), (d), and (e), |
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36 | 36 | | additional state aid under this section beginning with the |
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37 | 37 | | 2023-2024 school year is equal to the amount by which the loss of |
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38 | 38 | | local interest and sinking revenue for debt service attributable to |
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39 | 39 | | any increase in a residence homestead exemption under Section |
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40 | 40 | | 1-b(c), Article VIII, Texas Constitution, and any additional |
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41 | 41 | | limitation on tax increases under Section 1-b(d) of that article as |
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42 | 42 | | proposed by the 88th Legislature, 2nd Called Session, 2023, and any |
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43 | 43 | | increase in the residence homestead exemption under Section 1-b(c), |
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44 | 44 | | Article VIII, Texas Constitution, as proposed by the 89th |
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45 | 45 | | Legislature, Regular Session, 2025, is not offset by a gain in state |
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46 | 46 | | aid under this chapter. |
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47 | 47 | | (c-2) For the purpose of determining state aid under |
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48 | 48 | | Subsection [Subsections] (a-2) or (a-3) [and (b-2)], local interest |
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49 | 49 | | and sinking revenue for debt service is limited to revenue required |
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50 | 50 | | to service debt eligible under this chapter as of September 1, 2023, |
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51 | 51 | | or as of September 1, 2025, respectively, or authorized by the |
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52 | 52 | | voters but not yet issued as of September 1, 2023, or as of |
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53 | 53 | | September 1, 2025, respectively, that later becomes eligible under |
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54 | 54 | | this chapter, including refunding of the applicable [that] debt, |
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55 | 55 | | subject to Section 46.061. The limitation imposed by Section |
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56 | 56 | | 46.034(a) does not apply for the purpose of determining state aid |
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57 | 57 | | under Subsection (a-2) or (a-3) [this section]. |
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58 | 58 | | SECTION 3. Section 48.2543, Education Code, is amended by |
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59 | 59 | | adding Subsection (a-2) and amending Subsection (b) to read as |
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60 | 60 | | follows: |
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61 | 61 | | (a-2) Beginning with the 2026-2027 school year, in addition |
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62 | 62 | | to state aid a school district is entitled to under Subsection |
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63 | 63 | | (a-1), a school district is entitled to additional state aid to the |
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64 | 64 | | extent that state and local revenue under this chapter and Chapter |
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65 | 65 | | 49 is less than the state and local revenue that would have been |
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66 | 66 | | available to the district under this chapter and Chapter 49 as those |
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67 | 67 | | chapters existed on September 1, 2025, if any increase in the |
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68 | 68 | | residence homestead exemption under Section 1-b(c), Article VIII, |
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69 | 69 | | Texas Constitution, as proposed by the 89th Legislature, Regular |
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70 | 70 | | Session, 2025, had not occurred. |
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71 | 71 | | (b) The lesser of the school district's currently adopted |
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72 | 72 | | maintenance and operations tax rate or the adopted maintenance and |
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73 | 73 | | operations tax rate for: |
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74 | 74 | | (1) the 2021 tax year is used for the purpose of |
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75 | 75 | | determining additional state aid under Subsection (a); [and] |
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76 | 76 | | (2) the 2022 tax year is used for the purpose of |
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77 | 77 | | determining additional state aid under Subsection (a-1); and |
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78 | 78 | | (3) the 2025 tax year is used for the purpose of |
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79 | 79 | | determining additional state aid under Subsection (a-2). |
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80 | 80 | | SECTION 4. Section 11.13, Tax Code, as amended by this Act, |
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81 | 81 | | applies only to an ad valorem tax year that begins on or after |
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82 | 82 | | January 1, 2026. |
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83 | 83 | | SECTION 5. This Act takes effect January 1, 2026, but only |
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84 | 84 | | if the constitutional amendment proposed by the 89th Legislature, |
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85 | 85 | | Regular Session, 2025, to increase the amount of the exemption of |
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86 | 86 | | residence homesteads from ad valorem taxation by a school district |
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87 | 87 | | is approved by the voters. If that amendment is not approved by the |
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88 | 88 | | voters, this Act has no effect. |
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