By Sadler                                       H.B. No. 3394

      75R9119 JBN-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to funding public elementary and secondary schools and to

 1-3     the imposition, administration, enforcement, and collection of, and

 1-4     allocation of the revenue from, various state and local taxes.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6                       ARTICLE 1.  STATE PROPERTY TAX

 1-7           SECTION 1.01.  The Tax Code is amended by adding Title 4 to

 1-8     read as follows:

 1-9                       TITLE 4.  STATE AD VALOREM TAX

1-10                     CHAPTER 501.  STATE AD VALOREM TAX

1-11           Sec. 501.001.  STATE AD VALOREM TAX.  (a)  A state ad valorem

1-12     tax is levied on all taxable property in each county of this state.

1-13           (b)  The state ad valorem tax rate is $1.50 on the $100

1-14     valuation of taxable property.

1-15           Sec. 501.002.  APPRAISAL OF PROPERTY.  (a)  Property that is

1-16     subject to the ad valorem tax levied by Section 501.001 shall be

1-17     appraised by the appraisal  officials in each county who appraise

1-18     property in the county for county ad valorem tax purposes.

1-19           (b)  Property that is subject to the tax levied by Section

1-20     501.001 shall be appraised in the manner provided by Title 1 for

1-21     the appraisal of property that is subject to ad valorem taxation by

1-22     a county.

1-23           Sec. 501.003.  ASSESSMENT AND COLLECTION OF TAX.  (a)  The

1-24     assessor for each county is responsible for assessing the ad

 2-1     valorem tax levied by Section 501.001.

 2-2           (b)  The collector for each county is responsible for

 2-3     collecting the ad valorem tax levied by Section 501.001.

 2-4           (c)  The ad valorem tax levied by Section 501.001 shall be

 2-5     assessed and collected at the time and in the manner provided by

 2-6     Title 1 for the assessment and collection of ad valorem taxes

 2-7     levied by a county.

 2-8           SECTION 1.02.  This article takes effect only if a

 2-9     constitutional amendment proposed by the 75th Legislature

2-10     authorizing a state property tax for public school purposes is

2-11     approved by the voters.  If that amendment is not approved by the

2-12     voters, this article has no effect.

2-13                         ARTICLE 2.  SCHOOL FINANCE

2-14           SECTION 2.01.  The following provisions of the Education Code

2-15     are repealed:

2-16                 (1)  Chapter 41; and

2-17                 (2)  Sections 7.055(a)(34), 12.107(b), and 42.103(e).

2-18           SECTION 2.02.  Section 12.013(b), Education Code, is amended

2-19     to read as follows:

2-20           (b)  A home-rule school district is subject to:

2-21                 (1)  a provision of this title establishing a criminal

2-22     offense;

2-23                 (2)  a provision of this title relating to limitations

2-24     on liability; and

2-25                 (3)  a prohibition, restriction, or requirement, as

2-26     applicable, imposed by this title or a rule adopted under this

2-27     title, relating to:

 3-1                       (A)  the Public Education Information Management

 3-2     System (PEIMS) to the extent necessary to monitor compliance with

 3-3     this subchapter as determined by the commissioner;

 3-4                       (B)  educator certification under Chapter 21 and

 3-5     educator rights under Sections 21.407, 21.408, and 22.001;

 3-6                       (C)  criminal history records under Subchapter C,

 3-7     Chapter 22;

 3-8                       (D)  student admissions under Section 25.001;

 3-9                       (E)  school attendance under Sections 25.085,

3-10     25.086, and 25.087;

3-11                       (F)  inter-district or inter-county transfers of

3-12     students under Subchapter B, Chapter 25;

3-13                       (G)  elementary class size limits under Section

3-14     25.112, in the case of any campus in the district that is

3-15     considered low-performing under Section 39.131(b);

3-16                       (H)  high school graduation under Section 28.025;

3-17                       (I)  special education programs under Subchapter

3-18     A, Chapter 29;

3-19                       (J)  bilingual education under Subchapter B,

3-20     Chapter 29;

3-21                       (K)  prekindergarten programs under Subchapter E,

3-22     Chapter 29;

3-23                       (L)  safety provisions relating to the

3-24     transportation of students under Sections 34.002, 34.003, 34.004,

3-25     and 34.008;

3-26                       (M)  computation and distribution of state aid

3-27     under Chapters 31, 42, and 43;

 4-1                       (N)  extracurricular activities under Section

 4-2     33.081;

 4-3                       (O)  health and safety under Chapter 38;

 4-4                       (P)  public school accountability under

 4-5     Subchapters B, C, D, and G, Chapter 39;

 4-6                       (Q)  [equalized wealth under Chapter 41;]

 4-7                       [(R)]  a bond or other obligation or tax rate

 4-8     under Chapters 42, 43, and 45; and

 4-9                       (R) [(S)]  purchasing under Chapter 44.

4-10           SECTION 2.03.  Section 12.029(b), Education Code, is amended

4-11     to read as follows:

4-12           (b)  If [Except as provided by Subchapter H, Chapter 41, if]

4-13     two or more school districts having different status, one of  which

4-14     is home-rule school district status, consolidate into a single

4-15     district, the petition under Section 13.003 initiating the

4-16     consolidation must state the status for the consolidated district.

4-17     The ballot shall be printed to permit voting for or against the

4-18     proposition:  "Consolidation of (names of school districts) into a

4-19     single school district governed as (status of school district

4-20     specified in the petition)."

4-21           SECTION 2.04.  Section 21.402(b), Education Code, is amended

4-22     to read as follows:

4-23           (b)  Not later than June 1 of each year, the commissioner

4-24     shall determine the amount appropriated for purposes of Chapter 42

4-25     for the state fiscal year beginning September 1.  The commissioner

4-26     shall exclude from the determination[:]

4-27                 [(1)]  amounts designated solely for use in connection

 5-1     with school facilities or for payment of principal of and interest

 5-2     on bonds[; and]

 5-3                 [(2)  local funds received under Subchapter D, Chapter

 5-4     41].

 5-5           SECTION 2.05.  Section 42.252(e), Education Code, is amended

 5-6     to read as follows:

 5-7           (e)  The commissioner shall hear appeals from school

 5-8     districts that have experienced a rapid decline in tax base used in

 5-9     calculating the local fund assignment, exceeding four percent of

5-10     the preceding year, that is beyond the control of the board of

5-11     trustees of the district.  The commissioner may adjust the

5-12     district's taxable values for local fund assignment purposes for

5-13     such losses in value exceeding four percent and thereby adjust the

5-14     local fund assignment to reflect the local current year taxable

5-15     value.  The decision of the commissioner is final.  An adjustment

5-16     does not affect the local fund assignment of any other school

5-17     district.  [This subsection applies to determinations by the

5-18     commissioner in identifying districts with wealth per student

5-19     exceeding the equalized wealth level pursuant to Section 41.004.]

5-20                      ARTICLE 3.  SCHOOL TAX RATE LIMIT

5-21           SECTION 3.01.  Subchapter A, Chapter 45, Education Code, is

5-22     amended by adding Section 45.0031 to read as follows:

5-23           Sec. 45.0031.  RATE LIMIT.  (a)  Notwithstanding Section

5-24     45.003 or other law, for the 1998 tax year, a school district may

5-25     not levy a tax for maintenance and operations at a rate that

5-26     exceeds 50 cents on the $100 valuation of taxable property.

5-27           (b)  This section expires January 1, 2000.

 6-1                          ARTICLE 4.  FRANCHISE TAX

 6-2           SECTION 4.01.  Section 171.001, Tax Code, is amended by

 6-3     adding Subsection (d) to read as follows:

 6-4           (d)  For purposes of Subsection (a)(1), a corporation does

 6-5     business in this state if the corporation:

 6-6                 (1)  is a limited partner in a partnership that does

 6-7     business in this state; and

 6-8                 (2)  engages, directly or indirectly, in the

 6-9     participation or domination or in the control of all or any part of

6-10     the partnership's business or assets in this state.

6-11                      ARTICLE 5.  STATE LOTTERY ACCOUNT

6-12           SECTION 5.01.  Section 466.355(b), Government Code, is

6-13     amended to read as follows:

6-14           (b)  Money in the state lottery account may be used only for

6-15     the following purposes and shall be distributed as follows:

6-16                 (1)  the payment of prizes to the holders of winning

6-17     tickets;

6-18                 (2)  the payment of costs incurred in the operation and

6-19     administration of the lottery, including any fees received by a

6-20     lottery operator, provided that the costs incurred in a fiscal

6-21     biennium may not exceed an amount equal to 15 percent of the gross

6-22     revenue accruing from the sale of tickets in that biennium;

6-23                 (3)  the establishment of a pooled bond fund, lottery

6-24     prize reserve fund, unclaimed prize fund, and prize payment

6-25     account; and

6-26                 (4)  the balance, after creation of a reserve

6-27     sufficient to pay the amounts needed or estimated to be needed

 7-1     under Subdivisions (1) through (3), to be transferred to the

 7-2     foundation school fund [unobligated portion of the general revenue

 7-3     fund], on or before the 15th day of each month.

 7-4           SECTION 5.02.  Section 466.355, Government Code, as  amended

 7-5     by this article, applies only to revenue from the sale of a lottery

 7-6     ticket that occurs on or after the effective date of this article.

 7-7     Revenue from the sale of a lottery ticket that occurs before the

 7-8     effective date of this article is governed by the law in effect on

 7-9     the date of the sale, and the former law is continued in effect for

7-10     that purpose.

7-11                     ARTICLE 6.  PROPERTY TAX APPRAISAL

7-12           SECTION 6.01.  Section 5.102, Tax Code, is amended to read as

7-13     follows:

7-14           Sec. 5.102.  NONCOMPLIANCE BY APPRAISAL DISTRICT.  (a)  If

7-15     the study required by Section 403.302, Government Code, or a

7-16     performance audit conducted by the comptroller under this chapter

7-17     results in a finding that an appraisal district is not in

7-18     compliance with generally accepted appraisal standards and

7-19     practices, the comptroller shall deliver a report that details the

7-20     comptroller's findings and recommendations for improvement to the

7-21     appraisal district's chief appraiser and board of directors.

7-22           (b)  If noncompliance with generally accepted appraisal

7-23     standards and practices is found in two consecutive annual studies

7-24     under Section 403.302, Government Code, or is found in a

7-25     performance audit conducted under this chapter and if an affected

7-26     appraisal district's chief appraiser and board of directors fail to

7-27     take effective remedial action as determined by the comptroller or

 8-1     if a chief appraiser or the board of directors of an appraisal

 8-2     district fails to cooperate fully with the comptroller in the

 8-3     conduct of a study or audit, the comptroller may appoint a special

 8-4     master who may exercise supervision and control over the operations

 8-5     of the district, including the appraisal of property, until full

 8-6     compliance with generally accepted appraisal standards and

 8-7     practices is achieved.  The appraisal district shall bear the costs

 8-8     related to the master's supervision and control.

 8-9                            ARTICLE 7.  SALES TAX

8-10           SECTION 7.01.  Subchapter A, Chapter 151, Tax Code, is

8-11     amended by adding Section 151.0043 to read as follows:

8-12           Sec. 151.0043.  "LEGAL SERVICES."  "Legal services" means

8-13     representation or legal counseling by an attorney, including

8-14     paralegal or other office services performed by an employee or

8-15     agent of the attorney and billed to a client of the attorney.

8-16           SECTION 7.02.  Section 151.0101(a), Tax Code, is amended to

8-17     read as follows:

8-18           (a)  "Taxable services" means:

8-19                 (1)  amusement services;

8-20                 (2)  cable television services;

8-21                 (3)  personal services;

8-22                 (4)  motor vehicle parking and storage services;

8-23                 (5)  the repair, remodeling, maintenance, and

8-24     restoration of tangible personal property, except:

8-25                       (A)  aircraft;

8-26                       (B)  a ship, boat, or other vessel, other than:

8-27                             (i)  a taxable boat or motor as defined by

 9-1     Section 160.001;

 9-2                             (ii)  a sports fishing boat; or

 9-3                             (iii)  any other vessel used for pleasure;

 9-4                       (C)  the repair, maintenance, and restoration of

 9-5     a motor vehicle; and

 9-6                       (D)  the repair, maintenance, creation, and

 9-7     restoration of a computer program, including its development and

 9-8     modification, not sold by the person performing the repair,

 9-9     maintenance, creation, or restoration service;

9-10                 (6)  telecommunications services;

9-11                 (7)  credit reporting services;

9-12                 (8)  debt collection services;

9-13                 (9)  insurance services;

9-14                 (10)  information services;

9-15                 (11)  real property services;

9-16                 (12)  data processing services;

9-17                 (13)  real property repair and remodeling;

9-18                 (14)  security services; [and]

9-19                 (15)  telephone answering services; and

9-20                 (16)  legal services.

9-21           SECTION 7.03.  Section 151.317(a), Tax Code, is amended to

9-22     read as follows:

9-23           (a)  Gas and electricity are exempted from the taxes imposed

9-24     by this chapter except when sold for residential or commercial use.

9-25           SECTION 7.04.  Section 151.315, Tax Code, is repealed.

9-26                  ARTICLE 8.  EFFECTIVE DATE AND EMERGENCY

9-27           SECTION 8.01.  This Act takes effect January 1, 1998.

 10-1          SECTION 8.02.  The importance of this legislation and the

 10-2    crowded condition of the calendars in both houses create an

 10-3    emergency and an imperative public necessity that the

 10-4    constitutional rule requiring bills to be read on three several

 10-5    days in each house be suspended, and this rule is hereby suspended.