LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 28, 1997
TO: Honorable Kenneth Armbrister, Chair IN RE: House Joint Resolution
No. 4, As Engrossed
Committee on Tax Reform & Public
School Finance By: Craddick/et al.
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HJR4 ( proposing
a constitutional amendment providing financial support for elementary
and secondary public education, dedicating revenue and authorizing
priority allocations of certain revenue, authorizing a state
property tax and certain taxes on entities, providing property
tax relief and reduced school taxes on residential property,
including certain homestead property, and making implementation
and conforming amendments.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by HJR4-As Engrossed
The fiscal implication would depend on the enabling legislation.
The effects of House Joint Resolution 4, as engrossed, are
included in the fiscal note on the Engrossed version of House
Bill 4.
The cost to the State for publication of the resolution
is $71,000.
The resolution proposes a constitutional amendment which, if
adopted, would do the following:
(1) provide that support
of elementary and secondary public education is the first priority
for State spending;
(2) establish a constitutional equity
standard for public school funding;
(3) prohibit the Legislature
from appropriating less per student for public schools in a
biennium than in the prior biennium.
(4) authorize the Legislature
to impose a state property tax not to exceed $1.05 per $100
of valuation on non-residential property and dedicated the tax
for of elementary and secondary public schools;
(5) allow
the Legislature to exempt, from the state property tax, property
exempt from school district maintenance and operation taxes
under an abatement granted before January 1, 1997 or in a reinvestment
zone created by municipal ordinance before April 1, 1997 for
which an abatement agreement is entered into before July 1,
1997.
(6) dedicate net lottery revenue to elementary and
secondary public education;
(7) exempt non-residential property
from school district maintenance and operation taxes;
(8)
authorize the Legislature to impose a franchise or privilege
tax measured by income or taxable capital on corporations, partnerships,
and business entities other than sole proprietorships;
(9)
authorize the Legislature to limit increases in appraised value
of homesteads and limit the frequency of appraisals;
(10)
allow the Legislature to provide for the transfer of the sixty-five
or over tax freeze to a different homestead and set the freeze
level at the lower of the current freeze level and the amount
of 1997 school district taxes;
(11) require the notification
of homeowners of the property tax decrease granted by the Seventy-fifth
Legislature and require notification related to the effects
of the tax reduction on mortgage escrow payments;
(12)
provide that freeport property currently taxed by school districts
is subject to the state property tax;
(13) allow the Legislature
to provide for payment of a gross receipts tax on oil and natural
gas in lieu of property taxes;
(14) allow the Legislature
impose a franchise tax on river authority electric business;
(15)
exclude revenue resulting from House Bill 4 from the Article
VIII, Section 22, appropriations limit for the 1998-99 and 2000-01
biennia;
(16) exempt a franchise or privilege tax, other
than one imposed on a sole proprietor, from the Article VIII,
Section 24, requirements relating to the imposition of a net
income tax.
(17) allow the Legislature to establish a commission
that would make recommendations regarding abolition or modification
of executive agencies, the recommendations to be accepted or
rejected by the Legislature without amendment.
The proposed
amendment would be submitted to the voters on August 9, 1997.
Source: Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK ,RR ,RS ,BR