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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 87th |
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Legislature, 3rd Called Session, 2021, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill 1 (an increase in the amount of the exemption of |
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residence homesteads from ad valorem taxation by a school |
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district and the protection of school districts against the |
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resulting loss in local revenue) to consider and take action on |
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the following matter: |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add text on a matter not included in either the house or senate |
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version of the bill by adding the following new SECTIONS to the |
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bill: |
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SECTION 1. Section 11.13(b), Tax Code, is amended to read |
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as follows: |
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(b) An adult is entitled to exemption from taxation by a |
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school district of $40,000 [$25,000] of the appraised value of |
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the adult's residence homestead, except that only $5,000 of the |
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exemption applies to an entity operating under former Chapter 17, |
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18, 25, 26, 27, or 28, Education Code, as those chapters existed |
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on May 1, 1995, as permitted by Section 11.301, Education Code. |
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SECTION 2. Section 46.071, Education Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections |
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(a-1), (b-1), and (c-1) to read as follows: |
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(a) Beginning with the 2015-2016 school year and |
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continuing through the 2021-2022 school year, a school district |
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is entitled to additional state aid under this subchapter to the |
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extent that state and local revenue used to service debt eligible |
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under this chapter is less than the state and local revenue that |
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would have been available to the district under this chapter as |
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it existed on September 1, 2015, if the increase in the residence |
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homestead exemption under Section 1-b(c), Article VIII, Texas |
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Constitution, and the additional limitation on tax increases |
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under Section 1-b(d) of that article as proposed by S.J.R. 1, |
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84th Legislature, Regular Session, 2015, had not occurred. |
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(a-1) Beginning with the 2022-2023 school year, a school |
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district is entitled to additional state aid under this |
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subchapter to the extent that state and local revenue used to |
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service debt eligible under this chapter is less than the state |
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and local revenue that would have been available to the district |
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under this chapter as it existed on September 1, 2021, if any |
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increase in the residence homestead exemption under Section |
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1-b(c), Article VIII, Texas Constitution, as proposed by the 87th |
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Legislature, 3rd Called Session, 2021, had not occurred. |
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(b) Subject to Subsections (c), (d), and (e) [(c)-(e)], |
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additional state aid under this section through the 2021-2022 |
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school year is equal to the amount by which the loss of local |
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interest and sinking revenue for debt service attributable to the |
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increase in the residence homestead exemption under Section |
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1-b(c), Article VIII, Texas Constitution, and the additional |
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limitation on tax increases under Section 1-b(d) of that article |
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as proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, |
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is not offset by a gain in state aid under this chapter. |
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(b-1) Subject to Subsections (c-1), (d), and (e), |
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additional state aid under this section beginning with the |
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2022-2023 school year is equal to the amount by which the loss of |
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local interest and sinking revenue for debt service attributable |
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to any increase in the residence homestead exemption under |
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Section 1-b(c), Article VIII, Texas Constitution, as proposed by |
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the 87th Legislature, 3rd Called Session, 2021, is not offset by |
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a gain in state aid under this chapter. |
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(c) For the purpose of determining state aid under |
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Subsections (a) and (b) [this section], local interest and |
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sinking revenue for debt service is limited to revenue required |
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to service debt eligible under this chapter as of September 1, |
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2015, including refunding of that debt, subject to Section |
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46.061. The limitation imposed by Section 46.034(a) does not |
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apply for the purpose of determining state aid under this |
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section. |
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(c-1) For the purpose of determining state aid under |
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Subsections (a-1) and (b-1), local interest and sinking revenue |
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for debt service is limited to revenue required to service debt |
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eligible under this chapter as of September 1, 2021, including |
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refunding of that debt, subject to Section 46.061. The |
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limitation imposed by Section 46.034(a) does not apply for the |
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purpose of determining state aid under this section. |
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SECTION 3. Subchapter F, Chapter 48, Education Code, is |
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amended by adding Section 48.2543 to read as follows: |
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Sec. 48.2543. ADDITIONAL STATE AID FOR HOMESTEAD |
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EXEMPTION. (a) Beginning with the 2022-2023 school year, a |
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school district is entitled to additional state aid to the extent |
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that state and local revenue under this chapter and Chapter 49 is |
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less than the state and local revenue that would have been |
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available to the district under this chapter and Chapter 49 as |
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those chapters existed on September 1, 2021, if any increase in |
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the residence homestead exemption under Section 1-b(c), Article |
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VIII, Texas Constitution, as proposed by the 87th Legislature, |
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3rd Called Session, 2021, had not occurred. |
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(b) The lesser of the school district's currently adopted |
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maintenance and operations tax rate or the adopted maintenance |
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and operations tax rate for the 2021 tax year is used for the |
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purpose of determining additional state aid under Subsection |
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(a). |
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SECTION 4. The comptroller of public accounts may adopt |
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rules for the purpose of implementing and administering the |
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changes in law made by this Act, including rules relating to the |
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form of certain information required to be provided by tax |
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officials and the date on which the information must be provided. |
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SECTION 5. Section 11.13, Tax Code, as amended by this |
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Act, applies beginning with the 2022 tax year. |
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Explanation: The addition is necessary to increase the |
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amount of the exemption of residence homesteads from ad valorem |
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taxation by a school district from $25,000 to $40,000, protect |
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school districts against the resulting loss in local revenue, |
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authorize the comptroller of public accounts to adopt rules to |
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implement the change in law made by Senate Bill 1, and provide |
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that the change in law made by Senate Bill 1 to Section 11.13, Tax |
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Code, takes effect beginning with the 2022 tax year. |
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Suspending limitations on conference committee jurisdiction, |
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S.B. No. 1. |