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AN ACT
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relating to making appropriations to the Texas Education Agency for |
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the purpose of school district property tax rate reductions and |
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providing for the transfer of general revenue into the property tax |
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relief fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In addition to other amounts appropriated |
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for the Foundation School Program for all or part of the state |
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fiscal biennium ending August 31, 2009, the following amounts are |
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appropriated to the Texas Education Agency under the Foundation |
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School Program for the purpose of funding school district property |
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tax rate reductions in accordance with Section 42.2516, Education |
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Code: |
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(1) for the state fiscal year ending August 31, 2008: |
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(A) all amounts in the property tax relief fund |
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(an estimated amount of $4,231,466,000) are appropriated for this |
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purpose; and |
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(B) if the amounts available from the property |
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tax relief fund for that fiscal year are less than $6,956,400,000, |
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the additional amount necessary for the total appropriation under |
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this subdivision to equal $6,956,400,000 (an estimated amount of |
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$2,724,934,000) is appropriated from the foundation school fund for |
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this purpose; and |
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(2) for the state fiscal year ending August 31, 2009: |
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(A) all amounts in the property tax relief fund |
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(an estimated amount of $3,846,492,000) are appropriated for this |
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purpose; and |
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(B) if the amounts available from the property |
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tax relief fund for that fiscal year are less than $7,234,700,000, |
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the additional amount necessary for the total appropriation under |
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this subdivision to equal $7,234,700,000 (an estimated amount of |
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$3,388,208,000) is appropriated from the foundation school fund for |
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this purpose. |
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(b) In addition to the amounts appropriated under |
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Subsection (a)(2) of this section, any unexpended balance of the |
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amount appropriated for the state fiscal year ending August 31, |
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2008, under Subsection (a)(1) of this section is appropriated to |
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the Texas Education Agency for the purpose described by Subsection |
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(a) of this section for the state fiscal year ending August 31, |
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2009. |
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(c) In the event there are insufficient amounts in the |
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property tax relief fund and the foundation school fund to fund the |
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entire appropriation under Subsection (a)(1) of this section for |
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the state fiscal year ending August 31, 2008, the commissioner of |
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education may, with the prior approval of the governor and the |
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Legislative Budget Board, transfer amounts appropriated under |
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Subsection (a)(2) of this section for the state fiscal year ending |
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August 31, 2009, in an amount not to exceed the amount necessary to |
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cover the shortfall, and spend the transferred amounts for the |
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purpose described by Subsection (a) of this section during the |
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state fiscal year ending August 31, 2008. The comptroller shall: |
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(1) transfer money from the general revenue fund or |
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other available sources into the foundation school fund as |
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necessary to accomplish an approved transfer of appropriations |
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between fiscal years under this subsection; and |
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(2) reduce the amount that may be appropriated under |
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Subsection (a)(2) of this section from the foundation school fund |
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accordingly. |
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SECTION 2. (a) On August 31, 2008, the comptroller of |
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public accounts shall transfer into the property tax relief fund an |
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amount of unappropriated general revenue available for |
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certification equal to $2 billion, except that: |
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(1) if the amount of unappropriated general revenue |
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available for certification in the state treasury on August 31, |
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2008, is greater than $2 billion, the comptroller shall transfer |
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into the property tax relief fund on that date an amount of general |
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revenue equal to the lesser of $3 billion or the amount of |
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unappropriated general revenue available for certification in the |
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state treasury on that date; and |
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(2) if the amount of unappropriated general revenue |
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available for certification in the state treasury on August 31, |
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2008, is less than $2 billion, the comptroller shall transfer into |
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the property tax relief fund on that date all unappropriated |
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general revenue available for certification in the state treasury |
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on that date. |
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(b) Notwithstanding Section 1 of this Act, money |
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transferred under this section is not appropriated by this Act and |
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may not be appropriated for expenditure during the state fiscal |
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biennium ending August 31, 2009. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2 was passed by the House on February |
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20, 2007, by the following vote: Yeas 138, Nays 8, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2 on May 24, 2007, by the following vote: Yeas 86, Nays 53, 1 |
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present, not voting; passed subject to the provisions of Article |
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III, Section 49a, of the Constitution of the State of Texas. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 26, Nays |
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5; passed subject to the provisions of Article III, Section 49a, of |
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the Constitution of the State of Texas. |
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______________________________ |
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Secretary of the Senate |
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I certify that the amounts appropriated in the herein H.B. |
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No. 2, Regular Session of the 80th Legislature, are within amounts |
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estimated to be available in the affected fund. |
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Certified_____________________ |
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______________________________ |
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Comptroller of Public Accounts |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |