| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to reducing school district maintenance and operations ad |
|
|
valorem taxes through the use of certain surplus state revenue. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 48.255, Education Code, is amended by |
|
|
amending Subsection (b) and adding Subsections (d) and (e) to read |
|
|
as follows: |
|
|
(b) Subject to Subsection (d), the [The] state compression |
|
|
percentage is the lower of: |
|
|
(1) 93 percent, or a lower percentage set by |
|
|
appropriation for a school year; |
|
|
(2) the percentage determined by the following |
|
|
formula: |
|
|
SCP = PYCP X 1.025/(1 + ECPV); or |
|
|
(3) the percentage determined under this section for |
|
|
the preceding school year. |
|
|
(d) For each school year, the commissioner shall reduce the |
|
|
state compression percentage determined under Subsection (b) to the |
|
|
lowest percentage possible as a result of: |
|
|
(1) funding deposited to the credit of the property |
|
|
tax relief fund under Section 403.109(e), Government Code; and |
|
|
(2) any additional funding appropriated for purposes |
|
|
of this subsection. |
|
|
(e) Notwithstanding any other provision, if for any school |
|
|
year the commissioner determines under Subsection (b) or (d) that |
|
|
the state compression percentage is zero: |
|
|
(1) a school district may not impose a tier one |
|
|
maintenance and operations tax for that school year or for any |
|
|
subsequent school year; and |
|
|
(2) each school district is entitled to funding under |
|
|
Chapter 46 and this chapter for each school year as if the district |
|
|
had: |
|
|
(A) a tier one maintenance and operations tax |
|
|
rate equal to the district's maximum compressed tax rate determined |
|
|
under Section 48.2551; and |
|
|
(B) no local share for purposes of Section |
|
|
48.256. |
|
|
SECTION 2. Section 403.109, Government Code, is amended by |
|
|
adding Subsections (e) and (f) to read as follows: |
|
|
(e) The comptroller shall: |
|
|
(1) allocate for deposit to the credit of the fund |
|
|
general revenue in an amount equal to 90 percent of the amount by |
|
|
which the amount of general revenue received in a state fiscal |
|
|
biennium exceeds 104 percent of the total amount of general revenue |
|
|
that was received during the preceding state fiscal biennium; and |
|
|
(2) periodically deposit to the credit of the fund the |
|
|
general revenue allocated under Subdivision (1), with the final |
|
|
deposit for that biennium to be made not later than the 90th day of |
|
|
the next state fiscal biennium. |
|
|
(f) Notwithstanding any other provision of this section, |
|
|
money deposited to the credit of the fund under Subsection (e) may |
|
|
be appropriated only to the Texas Education Agency for use in |
|
|
providing property tax relief through reduction of the state |
|
|
compression percentage, as defined by Section 48.255, Education |
|
|
Code. |
|
|
SECTION 3. This Act applies beginning with the state fiscal |
|
|
biennium beginning September 1, 2023. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |