By Raymond                                            H.B. No. 2965
       74R7685 JD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the inclusion of ad valorem tax abatements in the
    1-3  determination of the value of taxable property in a school
    1-4  district.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 11.86, Education Code, is amended by
    1-7  amending Subsection (a) and adding Subsection (i) to read as
    1-8  follows:
    1-9        (a)  The comptroller shall conduct an annual study using
   1-10  comparable sales and generally accepted auditing and sampling
   1-11  techniques to determine the total value of all taxable property in
   1-12  each school district. The study shall determine the taxable value
   1-13  of all property and of each category of property within the
   1-14  district and the productivity value of all land that qualifies for
   1-15  appraisal on the basis of its productive capacity and for which the
   1-16  owner has applied for and received a productivity appraisal.  The
   1-17  comptroller shall make appropriate adjustments in the study to
   1-18  account for actions taken under Chapter 36.  In conducting the
   1-19  study, the comptroller shall review the appraisal standards,
   1-20  procedures, and methodology used by each appraisal district to
   1-21  determine the taxable value of property in each school district.
   1-22  The review must test the validity of the taxable values assigned to
   1-23  each category of property by the appraisal district:
   1-24              (1)  using, if appropriate, samples selected through
    2-1  generally accepted sampling techniques; and
    2-2              (2)  according to generally accepted standard
    2-3  valuation, statistical compilation, and analysis techniques.  If
    2-4  the comptroller finds in the annual study that generally accepted
    2-5  appraisal standards and practices were used by the appraisal
    2-6  district in valuing a particular category of property, and that the
    2-7  taxable values assigned to each category of property by the
    2-8  appraisal district are valid, the appraisal roll value of that
    2-9  category of property is presumed to represent taxable value.  In
   2-10  the absence of such a presumption, the comptroller shall estimate
   2-11  the taxable value of that category of property using generally
   2-12  accepted standard valuation, statistical compilation, and analysis
   2-13  techniques.  For the purposes of this section, "taxable value"
   2-14  means market value less:
   2-15                    (1)  the total dollar amount of any exemptions of
   2-16  part but not all of the value of taxable property required by the
   2-17  constitution or a statute that a district lawfully granted in the
   2-18  year that is the subject of the study;
   2-19                    (2)  the portion of the total dollar amount of
   2-20  any exemptions <abatements> granted <before May 31, 1993,> within a
   2-21  reinvestment zone under agreements authorized by <the Property
   2-22  Redevelopment and Tax Abatement Act (>Chapter 312, Tax Code,
   2-23  computed as provided by Subsection (i)<)>;
   2-24                    (3)  the total dollar amount of any captured
   2-25  appraised value of property that is located in a reinvestment zone
   2-26  and that is eligible for tax increment financing under the Tax
   2-27  Increment Financing Act (Chapter 311, Tax Code);
    3-1                    (4)  the total dollar amount of any exemptions
    3-2  granted under Section 11.251, Tax Code;
    3-3                    (5)  the difference between the market value and
    3-4  the productivity value of land that qualifies for appraisal on the
    3-5  basis of its productive capacity, except that the productivity
    3-6  value may not exceed the fair market value of the land;
    3-7                    (6)  the portion of the appraised value of
    3-8  residence homesteads of the elderly on which school district taxes
    3-9  are not imposed in the year that is the subject of the study,
   3-10  calculated as if the residence homesteads were appraised at the
   3-11  full value required by law;
   3-12                    (7)  a portion of the market value of property
   3-13  not otherwise fully taxable by the district at market value because
   3-14  of action required by statute or the Texas Constitution that, if
   3-15  the tax rate adopted by the district is applied to it, produces an
   3-16  amount equal to the difference between the tax that the district
   3-17  would have imposed on the property if the property were fully
   3-18  taxable at market value and the tax that the district is actually
   3-19  authorized to impose on the property; and
   3-20                    (8)  the market value of all tangible personal
   3-21  property, other than manufactured homes, owned by a family or
   3-22  individual and not held or used for the production of income.
   3-23        (i)  For purposes of Subsection (a)(2)(2), the portion of the
   3-24  total amount of exemptions granted is computed according to the
   3-25  following formula:
   3-26                       DPV/WADA
   3-27  where:
    4-1              (1)  "AD" is the dollar amount deducted from the total
    4-2  market value of property in the school district;
    4-3              (2)  "AV" is the total dollar amount of ad valorem tax
    4-4  exemptions granted in the district under agreements authorized by
    4-5  Chapter 312, Tax Code;
    4-6              (3)  "DPV" is the taxable value of property in the
    4-7  school district for the previous tax year determined under this
    4-8  section; and
    4-9              (4)  "WADA" has the meaning assigned by Section 16.302.
   4-10        SECTION 2.  Section 36.008, Education Code, is amended to
   4-11  read as follows:
   4-12        Sec. 36.008.  Tax Abatements.  <(a)>  A tax abatement
   4-13  agreement executed by a school district that is involved in
   4-14  consolidation or in detachment and annexation of territory under
   4-15  this chapter is not affected and applies to the taxation of the
   4-16  property covered by the agreement as if executed by the district
   4-17  within which the property is included.
   4-18        <(b)  The commissioner shall determine the wealth per student
   4-19  of a school district under this chapter as if any tax abatement
   4-20  agreement executed by a school district on or after May 31, 1993,
   4-21  had not been executed.>
   4-22        SECTION 3.  The importance of this legislation and the
   4-23  crowded condition of the calendars in both houses create an
   4-24  emergency and an imperative public necessity that the
   4-25  constitutional rule requiring bills to be read on three several
   4-26  days in each house be suspended, and this rule is hereby suspended,
   4-27  and that this Act take effect and be in force from and after its
    5-1  passage, and it is so enacted.