By Hochberg                                           H.B. No. 1642
         76R3725 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the treatment of property in certain reinvestment zones
 1-3     for purposes of school finance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.   Section 403.302(d), Government Code, as amended
 1-6     by Chapters 1039, 1040, and 1071, Acts of the 75th Legislature,
 1-7     Regular Session, 1997, is  reenacted and amended to read as
 1-8     follows:
 1-9           (d)  For the purposes of this section, "taxable value" means
1-10     the market value of all taxable property less:
1-11                 (1)  the total dollar amount of any residence homestead
1-12     exemptions lawfully granted under Section 11.13(b) or (c), Tax
1-13     Code, in the year that  is the subject of the study for each school
1-14     district;
1-15                 (2)  the total dollar amount of any exemptions granted
1-16     before May 31, 1993, within a reinvestment zone under agreements
1-17     authorized by Chapter 312,  Tax Code;
1-18                 (3)  subject to Subsection (e), the total dollar amount
1-19     of any captured appraised value of property that is located in a
1-20     reinvestment zone [on August 31, 1999], [that] generates a tax
1-21     increment paid into a tax increment fund, and is eligible for tax
1-22     increment financing under Chapter 311, Tax Code, under a
1-23     reinvestment zone financing plan approved under Section 311.011(d),
1-24     Tax Code, before September 1, 1999;
 2-1                 (4)  the total dollar amount of any exemptions granted
 2-2     under Section 11.251, Tax Code;
 2-3                 (5)  the difference between the comptroller's estimate
 2-4     of the market value and the productivity value of land that
 2-5     qualifies for appraisal on the basis of its productive capacity,
 2-6     except that the productivity value estimated by the comptroller may
 2-7     not exceed the fair market value of the land;
 2-8                 (6)  the portion of the appraised value of residence
 2-9     homesteads of the elderly on which school district taxes are not
2-10     imposed in the year that is the subject of the study, calculated as
2-11     if the residence homesteads were appraised at the full value
2-12     required by law;
2-13                 (7)  a portion of the market value of property not
2-14     otherwise fully taxable by the district at market value because of
2-15     action required by statute or the constitution of this state that,
2-16     if the tax rate adopted by the district is applied to it, produces
2-17     an amount equal to the difference between the tax that the district
2-18     would have imposed on the property if the property were fully
2-19     taxable at market value and the tax that the district is actually
2-20     authorized to impose on the property, if this subsection does not
2-21     otherwise require that portion to be deducted;
2-22                 (8)  the market value of all tangible personal
2-23     property, other than manufactured homes, owned by a family or
2-24     individual and not held or used for the production of income;
2-25                 (9)  the appraised value of property the collection of
2-26     delinquent taxes on which is deferred under Section 33.06, Tax
2-27     Code;
 3-1                 (10)  the portion of the appraised value of property
 3-2     the collection of delinquent taxes on which is deferred under
 3-3     Section 33.065, Tax Code; and
 3-4                 (11)  the amount by which the market value of a
 3-5     residence homestead to which Section 23.23, Tax Code, applies
 3-6     exceeds the appraised value of that property as calculated under
 3-7     that section.
 3-8           SECTION 2.  Sections 403.302(e)-(g), Government Code, are
 3-9     amended to read as follows:
3-10           (e)  Subsection (d)(3) applies only to the captured appraised
3-11     value of:
3-12                 (1)  real property that is located in the reinvestment
3-13     zone before September 1, 1999; or
3-14                 (2)  an improvement to real property described by
3-15     Subdivision  (1), regardless of the date the improvement is made.
3-16           (f)  The study shall determine the values as of January 1 of
3-17     each year.
3-18           (g) [(f)]  The comptroller shall publish preliminary
3-19     findings, listing values by district, before February 1 of the year
3-20     following the year of the study.  Preliminary findings shall be
3-21     delivered to each school district and shall be certified to the
3-22     commissioner of education.
3-23           (h) [(g)]  On request of the commissioner of education or a
3-24     school district, the comptroller may audit a school district to
3-25     determine the total taxable value of property in the school
3-26     district, including the productivity values of land only if the
3-27     land qualifies for appraisal on that basis and the owner of the
 4-1     land has applied for and received a productivity appraisal.  The
 4-2     comptroller shall certify the comptroller's findings to the
 4-3     commissioner.
 4-4           SECTION 3.  Section 403.303(a), Government Code, is amended
 4-5     to read as follows:
 4-6           (a)  A school district or a property owner whose property is
 4-7     included in the study under Section 403.302 and whose tax liability
 4-8     on the property is $100,000 or more may protest the comptroller's
 4-9     findings under Section 403.302(g) [403.302(f)] or (h) [(g)] by
4-10     filing a petition with the comptroller.  The petition must be filed
4-11     not later than the 40th day after the date on which the
4-12     comptroller's findings are certified to the commissioner of
4-13     education and must specify the grounds for objection and the value
4-14     claimed to be correct by the school district or property owner.
4-15           SECTION 4. This Act takes effect September 1, 1999.
4-16           SECTION 5.  The importance of this legislation and the
4-17     crowded condition of the calendars in both houses create an
4-18     emergency and an imperative public necessity that the
4-19     constitutional rule requiring bills to be read on three several
4-20     days in each house be suspended, and this rule is hereby suspended.