1 | 1 | | 89R15873 KJE-D |
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2 | 2 | | By: Noble H.B. No. 4326 |
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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 reducing school district maintenance and operations ad |
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10 | 10 | | valorem taxes through the use of certain state revenue and the |
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11 | 11 | | allocation of certain constitutional transfers of money to the |
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12 | 12 | | economic stabilization fund, the property tax reduction fund, and |
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13 | 13 | | the state highway fund. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Section 48.255, Education Code, is amended by |
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16 | 16 | | amending Subsection (b) and adding Subsection (d) to read as |
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17 | 17 | | follows: |
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18 | 18 | | (b) Subject to Subsection (d), the [The] state compression |
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19 | 19 | | percentage is the lower of: |
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20 | 20 | | (1) 93 percent, or a lower percentage set by |
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21 | 21 | | appropriation for a school year; |
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22 | 22 | | (2) the percentage determined by the following |
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23 | 23 | | formula: |
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24 | 24 | | SCP = PYCP X 1.025/(1 + ECPV); or |
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25 | 25 | | (3) the percentage determined under this section for |
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26 | 26 | | the preceding school year. |
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27 | 27 | | (d) For each school year, the state compression percentage |
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28 | 28 | | determined under Subsection (b) shall be reduced to the lowest |
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29 | 29 | | percentage possible as a result of money appropriated for that |
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30 | 30 | | purpose under Section 3-a, Article VII, Texas Constitution. |
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31 | 31 | | SECTION 2. The heading to Subchapter H, Chapter 316, |
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32 | 32 | | Government Code, is amended to read as follows: |
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33 | 33 | | SUBCHAPTER H. ALLOCATION OF CONSTITUTIONAL TRANSFERS TO CERTAIN |
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34 | 34 | | FUNDS [ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND] |
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35 | 35 | | SECTION 3. The heading to Section 316.092, Government Code, |
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36 | 36 | | is amended to read as follows: |
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37 | 37 | | Sec. 316.092. DETERMINATION OF THRESHOLD FOR |
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38 | 38 | | CONSTITUTIONAL TRANSFER TO CERTAIN FUNDS [STATE HIGHWAY FUND]. |
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39 | 39 | | SECTION 4. Section 316.093, Government Code, is amended by |
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40 | 40 | | amending Subsections (b), (c), and (d) and adding Subsection (e) to |
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41 | 41 | | read as follows: |
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42 | 42 | | (b) If the sum described by Subsection (a) is less than the |
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43 | 43 | | amount determined under Section 316.092 for that state fiscal |
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44 | 44 | | biennium, the comptroller shall reduce proportionately the |
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45 | 45 | | allocations [allocation] to the property tax reduction fund and the |
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46 | 46 | | state highway fund as provided by Section 49-g(c-1) [49-g(c)], |
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47 | 47 | | Article III, Texas Constitution, and increase the allocation to the |
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48 | 48 | | economic stabilization fund[,] in an [equal] amount equal to the |
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49 | 49 | | reduction of those allocations[,] until the amount determined under |
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50 | 50 | | Section 316.092 for that state fiscal biennium would be achieved by |
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51 | 51 | | the transfer to the fund or the total amount of the sum described by |
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52 | 52 | | Section 49-g(c), Article III, Texas Constitution, is allocated to |
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53 | 53 | | the fund, whichever occurs first. |
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54 | 54 | | (c) For the purposes of Section 49-g(c-2), Article III, |
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55 | 55 | | Texas Constitution, the comptroller shall adjust the allocation |
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56 | 56 | | provided by Section 49-g(c-1) of that article of amounts to be |
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57 | 57 | | transferred to the fund, the property tax reduction fund, and [to] |
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58 | 58 | | the state highway fund under Section 49-g(c) of that article in a |
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59 | 59 | | state fiscal year beginning on or after September 1, 2043, so that |
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60 | 60 | | half of the total of those amounts is transferred to the economic |
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61 | 61 | | stabilization fund and half of the total of those amounts is |
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62 | 62 | | transferred to the property tax reduction fund. |
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63 | 63 | | (d) The [, except that the] comptroller shall reduce a |
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64 | 64 | | transfer to the economic stabilization fund required [made] under |
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65 | 65 | | Subsection (c) of this section [this subsection] as necessary to |
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66 | 66 | | prevent the amount in the fund from exceeding the limit in effect |
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67 | 67 | | for the state fiscal [that] biennium under Section 49-g(g), Article |
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68 | 68 | | III, Texas Constitution [of that article]. |
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69 | 69 | | (e) [(d)] Subsections (a) and (b) and this subsection |
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70 | 70 | | expire December 31, 2042. |
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71 | 71 | | SECTION 5. This Act takes effect September 1, 2027, but only |
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72 | 72 | | if the constitutional amendment proposed by the 89th Legislature, |
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73 | 73 | | Regular Session, 2025, establishing the property tax reduction fund |
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74 | 74 | | to reduce school district maintenance and operations ad valorem |
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75 | 75 | | taxes and dedicating certain unencumbered general revenue and |
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76 | 76 | | certain general revenue that would otherwise be transferred to the |
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77 | 77 | | economic stabilization fund to that fund is approved by the voters. |
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78 | 78 | | If that amendment is not approved by the voters, this Act has no |
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79 | 79 | | effect. |
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