1 | 1 | | 89R15872 KJE-D |
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2 | 2 | | By: Noble H.J.R. No. 183 |
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7 | 7 | | A JOINT RESOLUTION |
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8 | 8 | | proposing a constitutional amendment establishing the property tax |
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9 | 9 | | reduction fund to reduce school district maintenance and operations |
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10 | 10 | | ad valorem taxes and dedicating certain unencumbered general |
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11 | 11 | | revenue and certain general revenue that would otherwise be |
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12 | 12 | | transferred to the economic stabilization fund to that fund. |
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13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 49-g, Article III, Texas Constitution, |
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15 | 15 | | is amended by amending Subsections (c), (c-1), (c-2), and (h) and |
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16 | 16 | | adding Subsection (g-1) to read as follows: |
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17 | 17 | | (c) Not later than the 90th day of each fiscal year, the |
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18 | 18 | | comptroller of public accounts shall transfer from the general |
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19 | 19 | | revenue fund to the economic stabilization fund, the property tax |
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20 | 20 | | reduction fund, and the state highway fund the sum of the amounts |
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21 | 21 | | described by Subsections (d) and (e) of this section, to be |
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22 | 22 | | allocated as provided by Subsections (c-1) and (c-2) of this |
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23 | 23 | | section. However, if necessary and notwithstanding the allocations |
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24 | 24 | | prescribed by Subsections (c-1) and (c-2) of this section, the |
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25 | 25 | | comptroller shall reduce proportionately the amounts described by |
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26 | 26 | | Subsections (d) and (e) of this section to be transferred and |
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27 | 27 | | allocated to the economic stabilization fund to prevent the amount |
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28 | 28 | | in that fund from exceeding the limit in effect for that biennium |
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29 | 29 | | under Subsection (g) of this section. Revenue transferred to the |
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30 | 30 | | state highway fund under this subsection may be used only for |
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31 | 31 | | constructing, maintaining, and acquiring rights-of-way for public |
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32 | 32 | | roadways other than toll roads. |
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33 | 33 | | (c-1) Of the sum of the amounts described by Subsections (d) |
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34 | 34 | | and (e) of this section and required to be transferred from the |
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35 | 35 | | general revenue fund under Subsection (c) of this section, the |
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36 | 36 | | comptroller shall allocate one-quarter [one-half] to the economic |
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37 | 37 | | stabilization fund, one-quarter to the property tax reduction fund, |
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38 | 38 | | and the remainder to the state highway fund, except as provided by |
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39 | 39 | | Subsection (c-2) of this section. |
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40 | 40 | | (c-2) The legislature by general law shall provide for a |
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41 | 41 | | procedure by which the allocation of the sum of the amounts |
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42 | 42 | | described by Subsections (d) and (e) of this section may be adjusted |
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43 | 43 | | to provide for a transfer to the economic stabilization fund of an |
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44 | 44 | | amount greater than the allocation provided for under Subsection |
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45 | 45 | | (c-1) of this section with the remainder of that sum, if any, |
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46 | 46 | | allocated for transfer to the property tax reduction fund and the |
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47 | 47 | | state highway fund as provided by general law. The allocation made |
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48 | 48 | | as provided by that general law is binding on the comptroller for |
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49 | 49 | | the purposes of the transfers required by Subsection (c) of this |
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50 | 50 | | section. |
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51 | 51 | | (g-1) When the comptroller of public accounts acts to |
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52 | 52 | | prevent the amount in the economic stabilization fund from |
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53 | 53 | | exceeding the limit in effect for a biennium under Subsection (g) of |
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54 | 54 | | this section by reducing an amount transferred to the fund from |
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55 | 55 | | general revenue as provided by Subsection (b) or (c) of this section |
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56 | 56 | | or by crediting to general revenue interest that is due to the fund |
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57 | 57 | | as provided by Subsection (i) of this section, the comptroller |
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58 | 58 | | shall: |
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59 | 59 | | (1) determine an amount of general revenue equal to |
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60 | 60 | | the amount by which the balance of general revenue is increased by |
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61 | 61 | | the reduction of the transfer from general revenue or the crediting |
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62 | 62 | | of interest to general revenue; and |
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63 | 63 | | (2) transfer the amount determined under Subdivision |
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64 | 64 | | (1) of this subsection to the property tax reduction fund |
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65 | 65 | | established under Section 3-a, Article VII, of this constitution. |
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66 | 66 | | (h) In preparing an estimate of anticipated revenues for a |
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67 | 67 | | succeeding biennium as required by Section 49a, Article III, |
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68 | 68 | | [Section 49a,] of this constitution, the comptroller shall estimate |
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69 | 69 | | the amount of the transfers that will be made under Subsections (b), |
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70 | 70 | | (d), [and] (e), and (g-1) of this section. The comptroller shall |
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71 | 71 | | deduct that amount from the estimate of anticipated revenues as if |
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72 | 72 | | the transfers were made on August 31 of that fiscal year. |
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73 | 73 | | SECTION 2. Article VII, Texas Constitution, is amended by |
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74 | 74 | | adding Section 3-a to read as follows: |
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75 | 75 | | Sec. 3-a. (a) The property tax reduction fund is |
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76 | 76 | | established as a fund in the state treasury outside the general |
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77 | 77 | | revenue fund for the purpose of reducing school district |
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78 | 78 | | maintenance and operations ad valorem taxes. |
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79 | 79 | | (b) The fund consists of: |
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80 | 80 | | (1) money appropriated or transferred to the credit of |
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81 | 81 | | the fund; and |
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82 | 82 | | (2) interest and other earnings on the investment of |
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83 | 83 | | money in the fund. |
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84 | 84 | | (c) Not later than the 90th day of each state fiscal |
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85 | 85 | | biennium, the comptroller of public accounts shall transfer to the |
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86 | 86 | | credit of the fund one-half of any unencumbered positive balance of |
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87 | 87 | | general revenue that exists on the last day of the preceding |
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88 | 88 | | biennium. |
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89 | 89 | | (d) Money in the fund may be appropriated only for the |
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90 | 90 | | purpose of reducing school district maintenance and operations ad |
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91 | 91 | | valorem taxes in the manner provided by general law or maintaining |
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92 | 92 | | the reduction of those taxes once the amount of those taxes reaches |
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93 | 93 | | zero. |
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94 | 94 | | SECTION 3. The following temporary provision is added to |
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95 | 95 | | the Texas Constitution: |
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96 | 96 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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97 | 97 | | to the constitutional amendment proposed by the 89th Legislature, |
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98 | 98 | | Regular Session, 2025, establishing the property tax reduction fund |
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99 | 99 | | to reduce school district maintenance and operations ad valorem |
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100 | 100 | | taxes and dedicating certain unencumbered general revenue and |
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101 | 101 | | certain general revenue that would otherwise be transferred to the |
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102 | 102 | | economic stabilization fund to that fund. |
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103 | 103 | | (b) The amendments to Section 49-g, Article III, of this |
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104 | 104 | | constitution, and Section 3-a, Article VII, of this constitution, |
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105 | 105 | | as added by the amendment, take effect September 1, 2027. |
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106 | 106 | | (c) This temporary provision expires September 1, 2028. |
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107 | 107 | | SECTION 4. This proposed constitutional amendment shall be |
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108 | 108 | | submitted to the voters at an election to be held November 4, 2025. |
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109 | 109 | | The ballot shall be printed to permit voting for or against the |
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110 | 110 | | proposition: "The constitutional amendment establishing the |
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111 | 111 | | property tax reduction fund to reduce school district maintenance |
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112 | 112 | | and operations ad valorem taxes and dedicating certain unencumbered |
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113 | 113 | | general revenue and certain general revenue that would otherwise be |
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114 | 114 | | transferred to the economic stabilization fund to that fund." |
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