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Amend Amendment No. 2 by striking the language after "ARTICLE
1. LEGISLATIVE FINDINGS" and inserting the following:
SECTION 1.01. FINDINGS. The Legislature finds that:
(1) during the 79th Legislature, 3rd Called Session, 2006,
the Legislature passed HB 3 to restructure the state's franchise tax
to expand the tax to include newly taxed entities and change how the
tax is calculated;
(2) the intent of this Act is to make corrections to HB 3 of
the 3rd Called Special Session of the 79th Legislature;
(3) HB 3 was part of a package of legislation, along with HB
1, HB 2, HB 4, and HB 5 of the 3rd Called Special Session of the 79th
Legislature, known as the "tax reform plan;"
(4) HB 3, HB 4, and HB 5 created a new business tax,
increased the used motor vehicle sales tax, and raised the tax on
cigarettes, respectively;
(5) the new tax dollars generated by HB 3, HB 4, and HB 5 were
directly dedicated, in accordance with HB 2, to a "Property Tax
Relief Fund" to pay for reductions in property taxes required by the
passage of HB 1;
(6) not a single dollar appropriated to the "Property Tax
Relief Fund" was dedicated to provide a long term school finance
solution, which means that not a single dollar raised by the tax
bills will be used for the more than 4.3 million Texas students who
attend classes in 1,037 independent school districts across the
state of Texas;
(7) arguments were raised during the 3rd Called Special
Session that the aforementioned legislation was inadequate to
replace school property tax revenue and was not an even
dollar-for-dollar tax swap, therefore requiring future
Legislatures to spend from the state's general revenue fund in
order to pay for the property tax cuts;
(8) the latest estimates by the Texas Comptroller of Public
Accounts show that the state's new business tax could generate
between $500 million and $900 million per fiscal year less than what
was projected during the 3rd Called Special Session of the 79th
Legislature;
(9) the property tax cuts appropriated by HB 1 in the 3rd
Called Special Session created a $14.2 billion deficit in the
Foundation School Fund, of which, according to the aforementioned
estimates by the Comptroller, approximately $7.5 billion will be
replaced by taxes collected in the "Property Tax Relief Fund,"
thereby requiring the future appropriation of general revenue
dollars to cover the remaining $6.7 billion deficit that exists in
the Foundation School Fund;
(10) appropriating $6.7 billion in general revenue to pay
for the promised property tax cuts further depletes existing areas
of state government that have been forced to endure drastic budget
cuts since 2003;
(11) the general revenue dollars would be better spent to
increase the state's investments in providing affordable health
care to all Texans, improving our public schools, lowering college
tuition and electricity rates for Texas families, and many of the
other important priorities of Texas citizens.
SECTION 1.02. PURPOSE. As a result of the findings made by
the Legislature as stated in Section 1.01 of this article, the
purposes of this Act are to:
(1) make changes to the revised franchise tax that improve
the legislation passed during the 3rd Called Special Session of the
79th Legislature; and
(2) ensure the tax dollars of Texas citizens are spent on
all of Texans' priorities, and not just property tax cuts.