SRC-TAG H.B. 195 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 195
78R93 ESH-DBy: Griggs (Nelson)
Education
5/1/2003
Engrossed


DIGEST AND PURPOSE 

County Education Districts (CEDs) were created in 1991 to levy
state-mandated property taxes and redistribute the revenues to their
member school districts on an equalized basis. However, a 1992 Texas
Supreme Court decision rendered the CED concept unconstitutional. Since
taxes already had been collected for two years under the CED structure,
and with delinquent taxes outstanding, it was necessary to continue to
collect taxes until the obligations were satisfied. Although legislation
allowing districts to voluntarily dissolve  CEDs has been passed, some
school districts are still reluctant to enter into a dissolution agreement
due to outstanding delinquent taxes owed to the CED. Often the amount of
delinquent taxes owed to any school district is very small when compared
to the original levy, and the cost of maintaining these accounts and
performing annual audits sometimes exceeds the revenue that could be
realized from the delinquent taxes.  H.B. 195 dissolves the existing
County Education Districts and return to each district its respective CED
delinquent tax roll. 
 
RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 33.09, Tax Code, as follows:

Sec.  33.09.  New heading: TRANSFER OF DELINQUENT COUNTY EDUCATION
DISTRICT TAXES.  (a)  Deletes text providing that this section applies
only to a county with a population of less than 22,000.  

(b)  Requires the successor-in-interest to a county education district, by
September 15, 2003, to transfer to the component school districts of the
county education district all money held by the successor-in-interest that
represents delinquent county education district taxes collected after
August 31, 1993, less the amount of any costs incurred by the
successor-in-interest to collect or maintain that money to the extent that
those costs have not been previously reimbursed from the taxes collected.
Provides that for purposes of this subsection, taxes collected include any
penalties or interest collected with the taxes.  Requires the amount
transferred to each school district to be equal to the difference between
the amount of the delinquent county education district taxes held by the
successor-in-interest that were collected from property located in the
school district; and the school district's share of the unreimbursed costs
of collecting and maintaining the money distributed, computed by
multiplying the total unreimbursed costs of collecting and maintaining the
money by a fraction, the numerator of which is the amount of the
delinquent county education district taxes held by the
successor-in-interest that were collected from property located in the
school district, and the denominator of which is the total amount of the
delinquent county education district taxes held by the
successor-in-interest. 

(c)  Requires, rather than authorizes, the successor-in-interest to a
county education district, by September 15, 2003, to transfer  to the
component school  districts of the county education district all
uncollected delinquent county education district taxes not previously
transferred to the component school districts.  Requires the uncollected
delinquent taxes, rather than amount, transferred to each school district
to be the uncollected delinquent county education district taxes imposed
on property located in the school district.  Deletes text requiring the
transferred amount to be in proportion to the ratio the school district's
weighted average daily attendance for the 1992-1993 school year bears to
the weighted average daily attendance of all school districts in the
county education for that year.  Deletes the definition of "weighted
average daily attendance." 

(d)  Makes a conforming change.

  (e)  Provides that this section expires February 1, 2014.  

SECTION 2.  Effective date: September 1, 2003.