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A BILL TO BE ENTITLED
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AN ACT
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relating to treatment under the public school finance system of a |
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school district that imposes a maintenance and operations tax at a |
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rate below the rate otherwise required for entitlement to state |
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funding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.093, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) This subsection applies only to a school district that |
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adopts a tax rate for maintenance and operations that is less than |
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the rate required to raise the district's total local share of the |
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Foundation School Program under Section 42.252. Notwithstanding |
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any other provision of this chapter, the amount described by |
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Subsection (a)(1) for a district to which this subsection applies |
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is determined on the basis of the maintenance and operations |
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revenue that would be available to the district at a rate equal to |
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the rate required to raise the district's total local share. The |
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amount described by this subsection shall also be used in |
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determining the district's required expenditures under Section |
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41.121. |
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SECTION 2. Section 42.252(d), Education Code, is amended to |
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read as follows: |
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(d) If a [A] school district adopts a maintenance and |
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operations tax rate that is less than the rate required to [must] |
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raise the district's [its] total local share of the Foundation |
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School Program, the commissioner shall reduce the sum of the |
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district's allotments under Subchapters B and C in proportion to |
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the amount by which the adopted rate is less than the rate required |
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to raise the district's total local share [to be eligible to receive
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foundation school fund payments]. |
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SECTION 3. Section 26.08(p), Tax Code, as added by Chapters |
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1240 (S.B. 2274) and 1328 (H.B. 3646), Acts of the 81st Legislature, |
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Regular Session, 2009, is reenacted and amended to read as follows: |
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(p) Notwithstanding any other provision of this chapter |
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[Subsections (i), (n), and (o)], if for the preceding tax year a |
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school district adopted a maintenance and operations tax rate that |
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was less than the rate required to raise the district's total local |
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share of the Foundation School Program under Section 42.252, |
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Education Code [effective maintenance and operations tax rate for
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that preceding tax year], the rollback tax rate of the district for |
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the current tax year is the greater of the rate calculated under |
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Subsection (n) or (o), as applicable, or the rate required to raise |
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the district's total local share of the Foundation School Program |
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under Section 42.252, Education Code [as if the district adopted a
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maintenance and operations tax rate for the preceding tax year that
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was equal to the district's effective maintenance and operations
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tax rate for that preceding tax year]. |
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SECTION 4. Section 42.008, Education Code, is repealed. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2011. |