By Brown                                                S.B. No. 86
       74R1412 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the determination of the value of taxable property in a
    1-3  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 abatements
   2-18  granted <before May 31, 1993,> within a reinvestment zone under
   2-19  agreements authorized by the Property Redevelopment and Tax
   2-20  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, Education Code, is amended to
   3-21  read as follows:
   3-22        Sec. 36.008.  Tax Abatements.  <(a)>  A tax abatement
   3-23  agreement executed by a school district that is involved in
   3-24  consolidation or in detachment and annexation of territory under
   3-25  this chapter is not affected and applies to the taxation of the
   3-26  property covered by the agreement as if executed by the district
   3-27  within which the property is included.
    4-1        <(b)  The commissioner shall determine the wealth per student
    4-2  of a school district under this chapter as if any tax abatement
    4-3  agreement executed by a school district on or after May 31, 1993,
    4-4  had not been executed.>
    4-5        SECTION 3.  (a)  This Act takes effect September 1, 1995.
    4-6        (b)  The change in law made by Section 1 of this Act applies
    4-7  only to a finding certified to the commissioner of education under
    4-8  Section 11.86, Education Code, on or after the effective date of
    4-9  this Act.  A finding certified to the commissioner before the
   4-10  effective date of this Act is covered by the law in effect when the
   4-11  finding was certified, and the former law is continued in effect
   4-12  for that purpose.
   4-13        (c)  The change in law made by Section 2 of this Act applies
   4-14  only to a determination made by the commissioner of education under
   4-15  Chapter 36, Education Code, on or after the effective date of this
   4-16  Act.  A determination made by the commissioner before the effective
   4-17  date of this Act is covered by the law in effect when the
   4-18  determination was made, and the former law is continued in effect
   4-19  for that purpose.
   4-20        SECTION 4.  The importance of this legislation and the
   4-21  crowded condition of the calendars in both houses create an
   4-22  emergency and an imperative public necessity that the
   4-23  constitutional rule requiring bills to be read on three several
   4-24  days in each house be suspended, and this rule is hereby suspended.