C.S.H.B. 3072 78(R)    BILL ANALYSIS


C.S.H.B. 3072
By: Wohlgemuth
Ways & Means
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, property taxes are paid according to the appraised values
determined by county appraisal districts.  At the same time, any state
funding that a school district may receive is based on the findings of the
annual Property Value Study (PVS) conducted by the comptroller of public
accounts. The PVS figures and the local appraised values may not agree, in
which case a district may lose some state funding.  As proposed, CSHB 3072
establishes a temporary "grace period" for state funding to school
districts that are eligible; enforces accountability measures through
mandatory appraisal standards review for eligible appraisal districts and
through mandatory appraisal standards review for eligible appraisal
districts through discretionary audits of appraisal districts; and
technical changes to ensure greater funding equity and improved audit and
reporting procedures. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Comptroller of Public Accounts in SECTION  3 (Section
403.302, Government Code) and SECTION 6 (Section 5.102, Tax Code) of this
bill. 

ANALYSIS

SECTION 1.  Amends Section 403.301, Government Code, as follows:

Sec.  403.301.  PURPOSE.  Sets forth the purpose of this section. 

SECTION 2.  Amends Subchapter M, Chapter 403, Gvernment Code, by adding
Section 403.3011 as follows:  

Defines "annual study," "eligible school district," "local value," and
"state value."  

SECTION 3.  Amends Section 403.302, Government Code, by amending
Subsections (c) and (h) and adding Subsections (l) and (m), as follows:  

(c)  Provides that if the comptroller of public accounts (comptroller)
determines in the annual study that local value is valid, local value is
presumed to represent taxable value. Provides that in the absence of such
a presumption, taxable value is the state value determined by the
comptroller under Subsections (a) and (b), unless local value exceeds
state value, in which case, local value is required to represent taxable
value.  Deletes text regarding the market value of property in a school
district as determined by the appraisal district.     

(h)   Authorizes the comptroller to audit the total taxable value of
property in a school district and to revise the findings of value in
response to a request by a school district or the commissioner of
education.  Provides that the grounds for a request for a revision audit
are limited to corrections and changes in a school district's appraisal
roll that occurred after preliminary certification of the annual study
findings.  Requires the request for a revision audit to be filed with the
comptroller within three years after the final certification of findings
to the commissioner of education, except for changes in value due to
judicial determinations and material reductions in value resulting from
corrections of appraisal rolls made under Section 25.25 (Correction of
Appraisal Roll), Tax Code, that must be requested within one year after
certification of the changes to the appraisal rolls by the chief
appraiser.   Authorizes the comptroller to adopt rules to facilitate the
efficient audit of total taxable  value.  Deletes text authorizing the
comptroller upon the request of the commissioner of education or a school
district to audit a school district to determine the total taxable value
of property.  Deletes text regarding the productivity values of land.
Makes nonsubstantive changes.   
  
(l) Requires the comptroller, beginning with the annual study conducted
for the year 2004, to substitute local value for state value in an
eligible school district and requires local value to represent taxable
value in the annual study for which the school district becomes eligible
and in the annual study immediately following the annual study for which
the school district becomes eligible. Requires the comptroller, within 12
months of the substitution of local value for state value as provided by
this subsection, to complete an appraisal standards review of the
appraisal district that appraises property for the school district, under
Section 5.102 (Review of Appraisal Standards), Tax Code.   

(m) Requires the comptroller, for the year 2002 or 2003, to substitute the
local value for state value and requires local value to represent taxable
value for the school district, notwithstanding a determination by the
comptroller in the annual study that the school district's local value for
that year is invalid.  This subsection states that the commissioner of
education shall compute the reduction of state allocated funds to a
district that has erroneously over appraised property values and whose
local value, rather than state value, has been used.  The commissioner
will then allocate the saved funds to Chapter 42 schools which meet
certain criteria set forth in the bill.  Provides that this subsection
expires September 30, 2005.  
 
SECTION 4.  Amends Section 5.07(c), Tax Code, to require the record system
prescribed by the comptroller to include a compilation of information
concerning sales of property within the boundaries of the appraisal
district.  

SECTION 5.  Amends Chapter 5, Tax Code, by adding Section 5.071 as follows:

Requires the information concerning sales of property maintained in the
uniform record system to be submitted annually in a form prescribed by the
comptroller for use in conducting the annual study of school district
property values under Section 403.302 (Determination of School District
Property Values), Government Code.   

SECTION 6.  Amends Section 5.102, Tax Code, as follows:

(a)  Requires the comptroller to review the appraisal standards,
procedures, and methodology used by each appraisal district in which the
comptroller finds that a school is an eligible school district to
determine compliance with generally accepted appraisal standards and
practices.  Authorizes the comptroller to establish by rule procedures and
standards for conducting the review.  

(b) Adds the superintendent and board of trustees of each school district
participating in the appraisal district to the list of recipients of the
comptroller's report.  

(c) Provides that the comptroller, in conducting the review, is entitled
to access all records and reports of the appraisal district and to the
assistance of appraisal district employees or officers. Deletes text
authorizing the comptroller to appoint a special master if the district is
found to be in noncompliance after two consecutive reviews. Deletes text
requiring the appraisal district to bear the cost for the master's
supervision and control.   

(d) Requires the comptroller, if the appraisal district fails to comply
with the recommendations made in the review and the comptroller finds that
the appraisal district board of directors failed to take remedial action
within one year after the issuance of the report of the review, to notify
the district judge serving in the county who shall appoint a five-member
board of conservators to implement the recommendations.  Requires the
members of the board of conservators to exercise supervision and control
over the operations of the appraisal district until all school districts
for which the appraisal district appraises property are determined by the
comptroller to have valid local value under Chapter 403M (Study of School
District Property Values), Government Code, in the same annual study.
Requires the appraisal district to bear the costs related to the
supervision and control by the board of conservators.  
 
SECTION 7.  Amends Section 5.12, Tax Code, by adding Subsection (h), to
authorize the comptroller, in addition to the performance audits required
by Subsections (a), (b) and (c) and the review of appraisal standards
required by Section 5.102, to audit an appraisal district to analyze the
effectiveness and efficiency of policies, management, and operations of
the appraisal district. Requires the results of the audit to be delivered
in a report that details the comptroller's findings and recommendations
for improvement to the appraisal district's chief appraiser and board of
directors and the governing bodies of all taxing units participating in
the appraisal district.  Authorizes the comptroller to require
reimbursement by the appraisal district for some or all of the costs of
the audit, not to exceed the actual cost associated with conducting the
audit.  

SECTION 8.  Effective date: upon passage or, if the Act does not receive
the necessary vote, September 1, 2003. 

EFFECTIVE DATE

Upon passage or, if the Act does not receive the necessary vote, September
1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 3072 differs from the original bill in that it delays the requirement
of the comptroller to use the district's local value in Section
403.302(l), Government Code, from 2003 to 2004. 

CSHB 3072 also differs from the bill as introduced in that it alters
Section 403.302(m), Government Code, by adding language to deal with
districts that have been erroneously over appraising property. CSHB 3072
now states that the commissioner of education shall compute the reduction
of state allocated funds to a district that has erroneously over-appraised
property values and whose local value, rather than state value, has been
used.  The commissioner will then allocate the saved funds to Chapter 42
schools which meet certain criteria set forth in the bill.