By Uher                                                H.B. No. 332
       74R1493 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the inclusion of tax abatements in the determination of
    1-3  the taxable property value of a school district.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.86(a), Education Code, is amended to
    1-6  read as follows:
    1-7        (a)  The comptroller shall conduct an annual study using
    1-8  comparable sales and generally accepted auditing and sampling
    1-9  techniques to determine the total value of all taxable property in
   1-10  each school district.  The study shall determine the taxable value
   1-11  of all property and of each category of property within the
   1-12  district and the productivity value of all land that qualifies for
   1-13  appraisal on the basis of its productive capacity and for which the
   1-14  owner has applied for and received a productivity appraisal.  The
   1-15  comptroller shall make appropriate adjustments in the study to
   1-16  account for actions taken under Chapter 36.  In conducting the
   1-17  study, the comptroller shall review the appraisal standards,
   1-18  procedures, and methodology used by each appraisal district to
   1-19  determine the taxable value of property in each school district.
   1-20  The review must test the validity of the taxable values assigned to
   1-21  each category of property by the appraisal district:
   1-22              (1)  using, if appropriate, samples selected through
   1-23  generally accepted sampling techniques; and
   1-24              (2)  according to generally accepted standard
    2-1  valuation, statistical compilation, and analysis techniques.  If
    2-2  the comptroller finds in the annual study that generally accepted
    2-3  appraisal standards and practices were used by the appraisal
    2-4  district in valuing a particular category of property, and that the
    2-5  taxable values assigned to each category of property by the
    2-6  appraisal district are valid, the appraisal roll value of that
    2-7  category of property is presumed to represent taxable value.  In
    2-8  the absence of such a presumption, the comptroller shall estimate
    2-9  the taxable value of that category of property using generally
   2-10  accepted standard valuation, statistical compilation, and analysis
   2-11  techniques.  For the purposes of this section, "taxable value"
   2-12  means market value less:
   2-13                    (1)  the total dollar amount of any exemptions of
   2-14  part but not all of the value of taxable property required by the
   2-15  constitution or a statute that a district lawfully granted in the
   2-16  year that is the subject of the study;
   2-17                    (2)  the total dollar amount of any exemptions
   2-18  <abatements> granted <before May 31, 1993,> within a reinvestment
   2-19  zone under agreements authorized by the Property Redevelopment and
   2-20  Tax Abatement Act (Chapter 312, Tax Code);
   2-21                    (3)  the total dollar amount of any captured
   2-22  appraised value of property that is located in a reinvestment zone
   2-23  and that is eligible for tax increment financing under the Tax
   2-24  Increment Financing Act (Chapter 311, Tax Code);
   2-25                    (4)  the total dollar amount of any exemptions
   2-26  granted under Section 11.251, Tax Code;
   2-27                    (5)  the difference between the market value and
    3-1  the productivity value of land that qualifies for appraisal on the
    3-2  basis of its productive capacity, except that the productivity
    3-3  value may not exceed the fair market value of the land;
    3-4                    (6)  the portion of the appraised value of
    3-5  residence homesteads of the elderly on which school district taxes
    3-6  are not imposed in the year that is the subject of the study,
    3-7  calculated as if the residence homesteads were appraised at the
    3-8  full value required by law;
    3-9                    (7)  a portion of the market value of property
   3-10  not otherwise fully taxable by the district at market value because
   3-11  of action required by statute or the Texas Constitution that, if
   3-12  the tax rate adopted by the district is applied to it, produces an
   3-13  amount equal to the difference between the tax that the district
   3-14  would have imposed on the property if the property were fully
   3-15  taxable at market value and the tax that the district is actually
   3-16  authorized to impose on the property; and
   3-17                    (8)  the market value of all tangible personal
   3-18  property, other than manufactured homes, owned by a family or
   3-19  individual and not held or used for the production of income.
   3-20        SECTION 2.  Section 36.008(b), Education Code, is repealed.
   3-21        SECTION 3.  This Act applies beginning with the 1995-1996
   3-22  school year.
   3-23        SECTION 4.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended,
    4-1  and that this Act take effect and be in force from and after its
    4-2  passage, and it is so enacted.