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A BILL TO BE ENTITLED
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AN ACT
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relating to public school finance matters, including the imposition |
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of a state ad valorem tax for elementary and secondary school |
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purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. STATE AD VALOREM TAX |
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SECTION 1.01. Chapter 45, Education Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. STATE AD VALOREM TAX |
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Sec. 45.351. STATE AD VALOREM TAX. (a) As provided by |
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Section 3-a, Article VII, Texas Constitution, a state ad valorem |
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tax for elementary and secondary school purposes is imposed on all |
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taxable property in this state. |
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(b) The tax is imposed at the rate of $1 per $100 of taxable |
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value of property subject to the tax. |
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(b-1) This subsection applies only to the taxation by the |
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state of property that has taxable situs in a school district that |
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imposed a maintenance and operations ad valorem tax for the 2011 tax |
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year at a rate less than $1 per $100 of taxable value of property |
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subject to the tax. Notwithstanding Subsection (b), for the 2012 |
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tax year the state ad valorem tax is imposed at the rate equal to the |
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sum of the maintenance and operations ad valorem tax rate of the |
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district for the 2011 tax year and 20 percent of the difference |
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between the rate of $1 per $100 of taxable value and the maintenance |
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and operations ad valorem tax rate of the district for the 2011 tax |
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year. For each of the subsequent three tax years, the state ad |
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valorem tax is imposed at the rate equal to the sum of the rate for |
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the preceding tax year and 20 percent of the difference between the |
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rate of $1 per $100 of taxable value and the maintenance and |
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operations ad valorem tax rate of the district for the 2011 tax |
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year. This subsection expires January 1, 2016. |
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(c) Except as otherwise provided by law, the state shall be |
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treated, for purposes of the state ad valorem tax, as a taxing unit |
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under Title 1, Tax Code. |
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Sec. 45.352. APPRAISAL OF PROPERTY. (a) Property subject |
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to the state ad valorem tax shall be appraised by the appraisal |
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district that appraises property for taxation by the school |
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district in which the property has taxable situs under Chapter 21, |
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Tax Code. |
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(b) Except as otherwise provided by that title, property |
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subject to the state ad valorem tax shall be appraised in the manner |
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provided by Title 1, Tax Code, for the appraisal of property that is |
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subject to ad valorem taxation by a school district. |
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Sec. 45.353. TAX COLLECTION. (a) The assessor and |
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collector for each school district shall assess and collect, as |
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applicable, state ad valorem taxes imposed on property included on |
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the appraisal roll for state taxation certified to the comptroller |
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and to the assessor for that school district under Section 26.01, |
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Tax Code, unless the governing body of the school district |
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contracts with an official, taxing unit, or political subdivision |
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of this state for the assessment or collection of the ad valorem |
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taxes of the district, in which event the official, taxing unit, or |
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political subdivision that assesses or collects taxes for the |
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school district shall also assess or collect, as applicable, the |
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state ad valorem taxes. |
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(b) Each assessor or collector of state ad valorem taxes is |
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entitled to be reimbursed by the comptroller for the actual costs |
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incurred by the assessor or collector in assessing or collecting |
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state ad valorem taxes. However, an assessor or collector is not |
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entitled to be reimbursed for any amount that is greater than the |
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additional incremental costs incurred in assessing or collecting |
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the state ad valorem taxes. |
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(c) The comptroller shall: |
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(1) prescribe methods of accounting for and remitting |
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state ad valorem taxes; |
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(2) prescribe methods for establishing an assessor's |
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or collector's additional incremental costs incurred in assessing |
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or collecting state ad valorem taxes; |
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(3) prescribe and furnish forms for periodic reports |
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relating to state ad valorem taxes; and |
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(4) periodically examine the records of each assessor |
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or collector of state ad valorem taxes to verify the accuracy of any |
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reports required under this subsection. |
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(d) The comptroller may require an assessor or collector of |
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state ad valorem taxes to give a bond to the state, conditioned on |
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the faithful performance of the person's duties as assessor or |
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collector, in the amount the comptroller considers appropriate to |
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protect the state from potential losses with regard to assessment |
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or collection of state ad valorem taxes. |
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Sec. 45.354. DUTIES AND POWERS OF COMPTROLLER. (a) Except |
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as otherwise provided by this subchapter, a duty imposed on or power |
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granted to the governing body of a taxing unit by Title 1, Tax Code, |
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may, for purposes of the state ad valorem tax, be exercised by the |
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comptroller. A reference to the presiding officer of a governing |
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body in Title 1, Tax Code, is a reference to the comptroller for the |
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purposes of the state tax. |
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(b) The comptroller may delegate to the assessor or |
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collector for a school district any function of the comptroller |
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with respect to the assessment or collection of the state ad valorem |
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tax and may designate a school district assessor or collector as the |
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comptroller's agent for purposes of administration of assessment or |
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collection of the state ad valorem tax. |
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Sec. 45.355. ADMINISTRATION AND REFUND ACCOUNTS. The |
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comptroller shall deposit to the credit of the general revenue fund |
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in appropriately designated accounts an amount of revenue collected |
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from the state ad valorem tax to pay for the expenses of |
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administering this subchapter and for the payment of tax refunds |
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that may become payable. |
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Sec. 45.356. NONAPPLICABILITY OF CERTAIN OTHER TAX LAWS. |
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Title 2, Tax Code, does not apply to the state ad valorem tax. |
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Sec. 45.357. TAX INCREMENT FINANCING. Except as otherwise |
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provided by Section 311.0131, Tax Code, the state may not pay any |
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portion of the tax increment produced by the state into the tax |
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increment fund for a reinvestment zone designated under Chapter |
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311, Tax Code. |
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Sec. 45.358. TAX ABATEMENT. (a) Except as otherwise |
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provided by this section, the state may not participate in tax |
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abatement under Section 311.0125 or 311.013(g) or Chapter 312, Tax |
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Code. |
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(b) If school district property taxes on property located in |
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the taxing jurisdiction of a school district are abated under a tax |
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abatement agreement entered into by the school district under |
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Chapter 312, Tax Code, the terms of the agreement regarding the |
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portion of the value of the property that is to be exempted from |
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taxation in each year of the agreement apply to the taxation of the |
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property by the state. A modification of the agreement by the |
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parties to the agreement under Section 312.208, Tax Code, that |
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increases the portion of the value of the property that is to be |
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exempted from taxation or that extends the duration of the |
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agreement does not apply to the imposition of the state ad valorem |
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tax unless the modification was entered into before January 1, |
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2011. |
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SECTION 1.02. Subchapter A, Chapter 6, Tax Code, is amended |
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by adding Section 6.038 to read as follows: |
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Sec. 6.038. STATE PARTICIPATION. (a) The comptroller and |
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the state do not participate in the election of the board of |
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directors of an appraisal district, the governance or management of |
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the district, or the determination of the district's finances and |
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budget. |
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(b) The comptroller by rule shall establish guidelines and |
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criteria under which, if the comptroller finds that generally |
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accepted appraisal standards and practices were not used by the |
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appraisal district appraising property subject to the state ad |
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valorem tax or that the appraised values assigned to property |
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subject to that tax are invalid, the comptroller may: |
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(1) withhold payment of all or part of the portion of |
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the amount of the budget of the appraisal district that is allocated |
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to the state until the district takes appropriate actions to remedy |
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the deficiencies in appraisals found by the comptroller; or |
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(2) direct that all or any part of the portion of the |
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amount of the budget of the district allocated to the state be |
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applied to remedying those deficiencies. |
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SECTION 1.03. Section 6.06(d), Tax Code, is amended to read |
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as follows: |
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(d) The state and each [Each] taxing unit participating in |
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the district are each [is] allocated a portion of the amount of the |
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budget equal to the proportion that the total dollar amount of |
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property taxes imposed in the district by the state or taxing unit |
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for the tax year in which the budget proposal is prepared bears to |
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the sum of the total dollar amount of property taxes imposed in the |
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district by the state and each participating unit for that year. |
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For purposes of this subsection, only state ad valorem taxes |
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imposed in a school district or portion of a school district for |
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which the appraisal district appraises property for taxation are |
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considered as state ad valorem taxes imposed in the district. If a |
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taxing unit participates in two or more districts, only the taxes |
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imposed in a district are used to calculate the unit's cost |
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allocations in that district. If the number of real property |
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parcels in a taxing unit is less than 5 percent of the total number |
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of real property parcels in the district and the taxing unit imposes |
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in excess of 25 percent of the total amount of the property taxes |
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imposed in the district by all of the participating taxing units for |
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a year, the unit's allocation may not exceed a percentage of the |
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appraisal district's budget equal to three times the unit's |
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percentage of the total number of real property parcels appraised |
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by the district. |
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SECTION 1.04. Sections 11.13(b) and (c), Tax Code, are |
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amended to read as follows: |
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(b) An adult is entitled to exemption from taxation by the |
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state for elementary and secondary public school purposes or by a |
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school district of $15,000 of the appraised value of the adult's |
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residence homestead, except that $10,000 of the exemption does not |
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apply to an entity operating under former Chapter 17, 18, 25, 26, |
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27, or 28, Education Code, as those chapters existed on May 1, 1995, |
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as permitted by Section 11.301, Education Code. |
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(c) In addition to the exemption provided by Subsection (b) |
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[of this section], an adult who is disabled or is 65 years of age or |
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older is entitled to an exemption from taxation by the state for |
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elementary and secondary public school purposes or by a school |
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district of $10,000 of the appraised value of the adult's [his] |
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residence homestead. |
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SECTION 1.05. Section 11.14, Tax Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) Subsection (c) does not apply to the comptroller or to |
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the state ad valorem tax. |
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SECTION 1.06. The heading to Section 11.26, Tax Code, is |
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amended to read as follows: |
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Sec. 11.26. LIMITATION OF SCHOOL TAXES [TAX] ON HOMESTEADS |
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OF ELDERLY OR DISABLED. |
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SECTION 1.07. Section 11.26, Tax Code, is amended by |
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amending Subsections (a), (a-1), (b), (g), (h), (j), (k), and (o) |
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and adding Subsection (g-1) to read as follows: |
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(a) The tax officials shall appraise the property to which |
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this section applies and calculate taxes as on other property, but |
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if the tax so calculated exceeds the limitation imposed by this |
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section, the tax imposed is the amount of the tax as limited by this |
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section, except as otherwise provided by this section. The state or |
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a [A] school district may not increase the total annual amount of ad |
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valorem tax it imposes on the residence homestead of an individual |
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65 years of age or older or on the residence homestead of an |
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individual who is disabled, as defined by Section 11.13, above the |
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amount of the tax it imposed in the first tax year in which the |
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individual qualified that residence homestead for the applicable |
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exemption provided by Section 11.13(c) for an individual who is 65 |
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years of age or older or is disabled. If the individual qualified |
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that residence homestead for the exemption after the beginning of |
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that first year and the residence homestead remains eligible for |
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the same exemption for the next year, and if the state or school |
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district taxes imposed on the residence homestead in the next year |
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are less than the amount of taxes the state or school district, as |
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applicable, imposed in that first year, the state or [a] school |
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district may not subsequently increase the total annual amount of |
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ad valorem taxes it imposes on the residence homestead above the |
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amount it imposed in the year immediately following the first year |
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for which the individual qualified that residence homestead for the |
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same exemption, except as provided by Subsection (b). [If the first
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tax year the individual qualified the residence homestead for the
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exemption provided by Section 11.13(c) for individuals 65 years of
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age or older was a tax year before the 1997 tax year, the amount of
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the limitation provided by this section is the amount of tax the
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school district imposed for the 1996 tax year less an amount equal
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to the amount determined by multiplying $10,000 times the tax rate
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of the school district for the 1997 tax year, plus any 1997 tax
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attributable to improvements made in 1996, other than improvements
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made to comply with governmental regulations or repairs.] |
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(a-1) If the first tax year the individual qualified the |
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residence homestead for the exemption provided by Section 11.13(c) |
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for individuals who are disabled or are 65 years of age or older was |
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a tax year before the 2012 tax year, except as provided by |
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Subsection (b): |
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(1) the amount of the limitation provided by this |
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section on state taxes is the amount of tax the school district in |
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which the property is located imposed for the 2011 tax year plus any |
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2012 state taxes attributable to improvements made in 2011, other |
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than improvements made to comply with governmental regulations or |
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repairs; and |
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(2) the amount of the limitation provided by this |
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section on school district taxes is the amount of tax the school |
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district imposed for the 2011 tax year less the amount of state |
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taxes imposed in the 2012 tax year, plus any 2012 school taxes |
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attributable to improvements made in 2011, other than improvements |
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made to comply with governmental regulations or repairs. |
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[Notwithstanding the other provisions of this section, if in the
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2007 tax year an individual qualifies for a limitation on tax
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increases provided by this section on the individual's residence
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homestead and the first tax year the individual or the individual's
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spouse qualified for an exemption under Section 11.13(c) for the
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same homestead was the 2006 tax year, the amount of the limitation
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provided by this section on the homestead in the 2007 tax year is
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equal to the amount computed by:
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[(1)
multiplying the amount of tax the school district
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imposed on the homestead in the 2006 tax year by a fraction the
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numerator of which is the tax rate of the district for the 2007 tax
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year and the denominator of which is the tax rate of the district
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for the 2006 tax year; and
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[(2)
adding any tax imposed in the 2007 tax year
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attributable to improvements made in the 2006 tax year as provided
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by Subsection (b) to the lesser of the amount computed under
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Subdivision (1) or the amount of tax the district imposed on the
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homestead in the 2006 tax year.] |
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(b) If an individual makes improvements to the individual's |
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residence homestead, other than improvements required to comply |
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with governmental requirements or repairs, the state or the school |
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district may increase the tax on the homestead in the first year the |
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value of the homestead is increased on the appraisal roll because of |
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the enhancement of value by the improvements. The amount of the tax |
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increase is determined by applying the current tax rate to the |
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difference in the assessed value of the homestead with the |
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improvements and the assessed value it would have had without the |
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improvements. A limitation imposed by this section then applies to |
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the increased amount of tax until more improvements, if any, are |
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made. |
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(g) Except as provided by Subsection (b), if an individual |
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who receives a limitation on tax increases imposed by this section, |
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including a surviving spouse who receives a limitation under |
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Subsection (i), subsequently qualifies a different residence |
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homestead for the same exemption under Section 11.13, the state or a |
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school district may not impose ad valorem taxes on the subsequently |
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qualified homestead in a year in an amount that exceeds the amount |
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of taxes the state or the school district would have imposed on the |
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subsequently qualified homestead in the first year in which the |
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individual receives that same exemption for the subsequently |
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qualified homestead had the limitation on tax increases imposed by |
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this section not been in effect, multiplied by a fraction the |
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numerator of which is the total amount of [school district] taxes |
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imposed by the state or the school district, as applicable, on the |
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former homestead in the last year in which the individual received |
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that same exemption for the former homestead and the denominator of |
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which is the total amount of taxes the state or the school district, |
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as applicable, [taxes that] would have [been] imposed on the former |
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homestead in the last year in which the individual received that |
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same exemption for the former homestead had the limitation on tax |
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increases imposed by this section not been in effect. |
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(g-1) Subsection (g) does not apply to a residence homestead |
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to which this subsection applies. Except as provided by Subsection |
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(b), if an individual who receives a limitation on tax increases |
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imposed by this section in a tax year before the 2012 tax year, |
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including a surviving spouse who receives a limitation under |
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Subsection (i), subsequently qualifies a different residence |
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homestead for an exemption under Section 11.13(c) and the first |
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year in which the subsequently qualified homestead qualifies for |
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the exemption is a tax year after the 2011 tax year: |
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(1) the state may not impose taxes on the subsequently |
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qualified homestead in an amount that exceeds the amount of taxes |
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the state would have imposed on the subsequently qualified |
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homestead in the first year in which the individual receives that |
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exemption for the subsequently qualified homestead had the |
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limitation on tax increases imposed by this section not been in |
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effect, multiplied by a fraction the numerator of which is the total |
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amount of school district taxes imposed on the former homestead in |
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the last year in which the individual received that exemption for |
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the former homestead and the denominator of which is the total |
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amount of school district taxes that would have been imposed on the |
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former homestead in the last year in which the individual received |
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that exemption for the former homestead had the limitations on tax |
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increases imposed by this section not been in effect; and |
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(2) the school district may not impose taxes on the |
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subsequently qualified homestead in an amount that exceeds the |
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positive amount, if any, by which the limitation on state taxes |
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calculated under Subdivision (1) exceeds the amount of state taxes |
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imposed in the first year in which the subsequently qualified |
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homestead receives the exemption. |
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(h) An individual who receives a limitation on tax increases |
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under this section, including a surviving spouse who receives a |
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limitation under Subsection (i), and who subsequently qualifies a |
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different residence homestead for an exemption under Section |
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11.13(c) [11.13], or an agent of the individual, is entitled to |
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receive from the chief appraiser of the appraisal district in which |
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the former homestead was located a written certificate providing |
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the information necessary to determine whether the individual may |
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qualify for that same limitation on the subsequently qualified |
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homestead under Subsection (g) or (g-1) and to calculate the amount |
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of taxes the state and the school district may impose on the |
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subsequently qualified homestead. |
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(j) If an individual who qualifies for an exemption provided |
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by Section 11.13(c) for an individual 65 years of age or older dies |
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in the first year in which the individual qualified for the |
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exemption and the individual first qualified for the exemption |
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after the beginning of that year, except as provided by Subsection |
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(k), the amount to which the surviving spouse's state or school |
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district taxes are limited under Subsection (i) is the amount of |
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state or school district taxes, as applicable, imposed on the |
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residence homestead in that year determined as if the individual |
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qualifying for the exemption had lived for the entire year. |
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(k) If in the first tax year after the year in which an |
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individual dies in the circumstances described by Subsection (j) |
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the amount of [school district] taxes imposed by the state or the |
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school district on the residence homestead of the surviving spouse |
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is less than the amount of state or school district taxes, as |
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applicable, imposed in the preceding year as limited by Subsection |
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(j), in a subsequent tax year the surviving spouse's state or school |
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district taxes on that residence homestead are limited to the |
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amount of taxes imposed by the state or the school district, as |
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applicable, in that first tax year after the year in which the |
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individual dies. |
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(o) Notwithstanding Subsections (a)[, (a-3),] and (b), an |
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improvement to property that would otherwise constitute an |
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improvement under Subsection (b) is not treated as an improvement |
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under that subsection if the improvement is a replacement structure |
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for a structure that was rendered uninhabitable or unusable by a |
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casualty or by wind or water damage. For purposes of appraising the |
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property in the tax year in which the structure would have |
|
constituted an improvement under Subsection (b), the replacement |
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structure is considered to be an improvement under that subsection |
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only if: |
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(1) the square footage of the replacement structure |
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exceeds that of the replaced structure as that structure existed |
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before the casualty or damage occurred; or |
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(2) the exterior of the replacement structure is of |
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higher quality construction and composition than that of the |
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replaced structure. |
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SECTION 1.08. Section 21.03(a), Tax Code, is amended to |
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read as follows: |
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(a) If personal property that is taxable by this state or a |
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taxing unit of this state is used continually outside this state, |
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whether regularly or irregularly, the appraisal office shall |
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allocate to this state the portion of the total market value of the |
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property that fairly reflects its use in this state. |
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SECTION 1.09. Section 21.031(a), Tax Code, is amended to |
|
read as follows: |
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(a) If a vessel or other watercraft that is taxable by this |
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state or a taxing unit of this state is used continually outside |
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this state, whether regularly or irregularly, the appraisal office |
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shall allocate to this state the portion of the total market value |
|
of the vessel or watercraft that fairly reflects its use in this |
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state. The appraisal office shall not allocate to this state the |
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portion of the total market value of the vessel or watercraft that |
|
fairly reflects its use in another state or country, in |
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international waters, or beyond the Gulfward boundary of this |
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state. |
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SECTION 1.10. Sections 22.28(a) and (b), Tax Code, are |
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amended to read as follows: |
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(a) Except as otherwise provided by Section 22.30, the chief |
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appraiser shall impose a penalty on a person who fails to timely |
|
file a rendition statement or property report required by this |
|
chapter in an amount equal to 10 percent of the total amount of |
|
taxes imposed on the property for that year by the state, if the |
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property has taxable situs in a school district or portion of a |
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school district for which the appraisal district appraises property |
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for taxation, and by the other taxing units participating in the |
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appraisal district. |
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(b) The chief appraiser shall certify to the assessor for |
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the state and each other taxing unit participating in the appraisal |
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district that imposes taxes on the property that the chief |
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appraiser has imposed a penalty under this section. The assessor |
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shall add the amount of the penalty to the original amount of tax |
|
imposed on the property and shall include that amount in the tax |
|
bill for that year. The penalty becomes part of the tax on the |
|
property and is secured by the tax lien that attaches to the |
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property under Section 32.01. |
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SECTION 1.11. Sections 22.29(a) and (d), Tax Code, are |
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amended to read as follows: |
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(a) The chief appraiser shall impose an additional penalty |
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on the person equal to 50 percent of the total amount of taxes |
|
imposed on the property for the tax year of the statement or report |
|
by the state, if the property has taxable situs in a school district |
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or portion of a school district for which the appraisal district |
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appraises property for taxation, and by the other taxing units |
|
participating in the appraisal district if it is finally determined |
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by a court that: |
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(1) the person filed a false statement or report with |
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the intent to commit fraud or to evade the tax; or |
|
(2) the person alters, destroys, or conceals any |
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record, document, or thing, or presents to the chief appraiser any |
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altered or fraudulent record, document, or thing, or otherwise |
|
engages in fraudulent conduct, for the purpose of affecting the |
|
course or outcome of an inspection, investigation, determination, |
|
or other proceeding before the appraisal district. |
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(d) The chief appraiser may retain a portion of a penalty |
|
collected under this section, not to exceed 20 percent of the amount |
|
of the penalty, to cover the chief appraiser's costs of collecting |
|
the penalty. The chief appraiser shall distribute the remainder of |
|
the penalty to the state and each other taxing unit participating in |
|
the appraisal district that imposes taxes on the property in |
|
proportion to the state's or the taxing unit's share of the total |
|
amount of taxes imposed on the property by the state and all other |
|
taxing units participating in the district used to determine the |
|
amount of the penalty. |
|
SECTION 1.12. Section 23.23(a), Tax Code, is amended to |
|
read as follows: |
|
(a) Notwithstanding the requirements of Section 25.18 and |
|
regardless of whether the appraisal office has appraised the |
|
property and determined the market value of the property for the tax |
|
year, an appraisal office may increase the appraised value of a |
|
residence homestead for a tax year to an amount not to exceed the |
|
lesser of: |
|
(1) the market value of the property for the most |
|
recent tax year that the market value was determined by the |
|
appraisal office; or |
|
(2) the sum of: |
|
(A) for purposes of taxation by the state, five |
|
percent of the appraised value of the property for the preceding tax |
|
year, and for purposes of taxation by any other taxing unit, 10 |
|
percent of the appraised value of the property for the preceding tax |
|
year; |
|
(B) the appraised value of the property for the |
|
preceding tax year for purposes of taxation by the applicable |
|
taxing unit; and |
|
(C) the market value of all new improvements to |
|
the property. |
|
SECTION 1.13. Section 23.46(d), Tax Code, is amended to |
|
read as follows: |
|
(d) A tax lien attaches to the land on the date the sale or |
|
change of use occurs to secure payment of the additional tax and |
|
interest imposed by Subsection (c) [of this section] and any |
|
penalties incurred. The lien exists in favor of the state and all |
|
taxing units for which the additional tax is imposed. |
|
SECTION 1.14. Section 23.55(b), Tax Code, is amended to |
|
read as follows: |
|
(b) A tax lien attaches to the land on the date the change of |
|
use occurs to secure payment of the additional tax and interest |
|
imposed by this section and any penalties incurred. The lien exists |
|
in favor of the state and all taxing units for which the additional |
|
tax is imposed. |
|
SECTION 1.15. Section 23.76(b), Tax Code, is amended to |
|
read as follows: |
|
(b) A tax lien attaches to the land on the date the change of |
|
use occurs to secure payment of the additional tax and interest |
|
imposed by this section and any penalties incurred. The lien exists |
|
in favor of the state and all taxing units for which the additional |
|
tax is imposed. |
|
SECTION 1.16. Section 23.86(b), Tax Code, is amended to |
|
read as follows: |
|
(b) A tax lien attaches to the land on the date the change of |
|
use occurs or the deed restriction expires to secure payment of the |
|
additional tax and interest imposed by this section and any |
|
penalties incurred. The lien exists in favor of the state and all |
|
taxing units for which the additional tax is imposed. |
|
SECTION 1.17. Section 23.96(b), Tax Code, is amended to |
|
read as follows: |
|
(b) A tax lien attaches to the property on the date the deed |
|
restriction expires to secure payment of the additional tax and |
|
interest imposed by this section and any penalties incurred. The |
|
lien exists in favor of the state and all taxing units for which the |
|
additional tax is imposed. |
|
SECTION 1.18. Section 23.9807(c), Tax Code, is amended to |
|
read as follows: |
|
(c) A tax lien attaches to the land on the date the change of |
|
use occurs to secure payment of the additional tax and interest |
|
imposed by this section and any penalties incurred. The lien exists |
|
in favor of the state and all taxing units for which the additional |
|
tax is imposed. |
|
SECTION 1.19. Section 25.19(b), Tax Code, is amended to |
|
read as follows: |
|
(b) The chief appraiser shall separate real from personal |
|
property and include in the notice for each: |
|
(1) a list of the taxing units other than the state in |
|
which the property is taxable and, if the property is appraised by |
|
the appraisal district for state taxation, a statement that the |
|
property is subject to the state tax for elementary and secondary |
|
public school purposes; |
|
(2) the appraised value of the property in the |
|
preceding year; |
|
(3) the taxable value of the property in the preceding |
|
year for: |
|
(A) each taxing unit taxing the property; and |
|
(B) state taxation for elementary and secondary |
|
public school purposes, if the property is appraised by the |
|
appraisal district for state taxation; |
|
(4) the appraised value of the property for the |
|
current year and the kind and amount of each partial exemption, if |
|
any, approved for the current year; |
|
(5) if the appraised value is greater than it was in |
|
the preceding year, the amount of tax that would be imposed on the |
|
property on the basis of the tax rate for each taxing unit other |
|
than the state for the preceding year; |
|
(6) in italic typeface, the following |
|
statement: "The Texas Legislature does not set the amount of your |
|
local taxes. Your local property tax burden is decided by your |
|
locally elected officials, and all inquiries concerning your local |
|
taxes should be directed to those officials"; |
|
(7) a detailed explanation of the time and procedure |
|
for protesting the value; |
|
(8) the date and place the appraisal review board will |
|
begin hearing protests; and |
|
(9) a brief explanation that the governing body of |
|
each local taxing unit decides whether [or not] taxes on the |
|
property will increase and the appraisal district only determines |
|
the value of the property. |
|
SECTION 1.20. The heading to Section 26.01, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.01. SUBMISSION OF ROLLS TO STATE AND TAXING UNITS. |
|
SECTION 1.21. Sections 26.01(a), (c), and (d), Tax Code, |
|
are amended to read as follows: |
|
(a) By July 25, the chief appraiser shall prepare and |
|
certify to the assessor for each taxing unit participating in the |
|
appraisal district that part of the appraisal roll for the |
|
appraisal district that lists the property taxable by the unit. By |
|
that date the chief appraiser shall prepare and certify to the |
|
comptroller and to the assessor for each school district that |
|
participates in the appraisal district that part of the appraisal |
|
roll for the appraisal district that lists property for which the |
|
appraisal district appraises the property for state taxation. The |
|
part certified to the comptroller and school district assessor is |
|
the appraisal roll for state taxes. The part certified to the |
|
assessor is the appraisal roll for the taxing unit. The chief |
|
appraiser shall consult with the assessor for each taxing unit and |
|
the comptroller and notify each taxing unit and the comptroller in |
|
writing by April 1 of the form in which the roll will be provided to |
|
each unit and to the comptroller. |
|
(c) The chief appraiser shall prepare and certify to the |
|
assessor for each taxing unit and the comptroller a listing of those |
|
properties that [which] are taxable by that unit or the state, as |
|
applicable, but that [which] are under protest and therefore not |
|
included on the appraisal roll approved by the appraisal review |
|
board and certified by the chief appraiser. This listing shall |
|
include the appraised market value, productivity value (if |
|
applicable), and taxable value as determined by the appraisal |
|
district and shall also include the market value, taxable value, |
|
and productivity value (if applicable) as claimed by the property |
|
owner filing the protest if available. If the property owner does |
|
not claim a value and the appraised value of the property in the |
|
current year is equal to or less than its value in the preceding |
|
year, the listing shall include a reasonable estimate of the market |
|
value, taxable value, and productivity value (if applicable) that |
|
would be assigned to the property if the taxpayer's claim is upheld. |
|
If the property owner does not claim a value and the appraised value |
|
of the property is higher than its appraised value in the preceding |
|
year, the listing shall include the appraised market value, |
|
productivity value (if applicable) and taxable value of the |
|
property in the preceding year, except that if there is a reasonable |
|
likelihood that the appraisal review board will approve a lower |
|
appraised value for the property than its appraised value in the |
|
preceding year, the chief appraiser shall make a reasonable |
|
estimate of the taxable value that would be assigned to the property |
|
if the property owner's claim is upheld. The taxing unit shall use |
|
the lower value for calculations as prescribed in Sections 26.04 |
|
and 26.041 [of this code]. |
|
(d) The chief appraiser shall prepare and certify to the |
|
assessor for each taxing unit and the comptroller a list of those |
|
properties of which the chief appraiser has knowledge that are |
|
reasonably likely to be taxable by that unit or the state, as |
|
applicable, but that are not included on the appraisal roll |
|
certified to the assessor or the comptroller under Subsection (a) |
|
or included on the listing certified to the assessor or the |
|
comptroller under Subsection (c). The chief appraiser shall |
|
include on the list for each property the market value, appraised |
|
value, and kind and amount of any partial exemptions as determined |
|
by the appraisal district for the preceding year and a reasonable |
|
estimate of the market value, appraised value, and kind and amount |
|
of any partial exemptions for the current year. Until the property |
|
is added to the appraisal roll, the assessor for a [the] taxing unit |
|
shall include each property on the list in the calculations |
|
prescribed by Sections 26.04 and 26.041, and for that purpose shall |
|
use the lower market value, appraised value, or taxable value, as |
|
appropriate, included on or computed using the information included |
|
on the list for the property. |
|
SECTION 1.22. Chapter 26, Tax Code, is amended by adding |
|
Section 26.011 to read as follows: |
|
Sec. 26.011. PROVISIONS NOT APPLICABLE TO STATE TAX. |
|
Sections 26.04, 26.041, 26.05, 26.051, 26.06, 26.07, and 26.08 do |
|
not apply to the state ad valorem tax or to the comptroller. |
|
SECTION 1.23. Section 26.09(c), Tax Code, is amended to |
|
read as follows: |
|
(c) The tax is calculated by: |
|
(1) subtracting from the appraised value of a property |
|
as shown on the appraisal roll for a taxing [the] unit or the state |
|
the amount of any partial exemption allowed the property owner that |
|
applies to appraised value to determine taxable [net appraised] |
|
value; and |
|
(2) [multiplying the net appraised value by the
|
|
assessment ratio to determine assessed value;
|
|
[(3)
subtracting from the assessed value the amount of
|
|
any partial exemption allowed the property owner to determine
|
|
taxable value; and
|
|
[(4)] multiplying the taxable value by the applicable |
|
tax rate. |
|
SECTION 1.24. Section 26.12, Tax Code, is amended by adding |
|
Subsection (e) to read as follows: |
|
(e) For purposes of this section, the state is not a taxing |
|
unit. |
|
SECTION 1.25. Section 26.15(c), Tax Code, is amended to |
|
read as follows: |
|
(c) At any time, the governing body of a taxing unit, on |
|
motion of the assessor for the unit or of a property owner, shall |
|
direct by written order changes in the tax roll to correct errors in |
|
the mathematical computation of a tax. The assessor shall enter the |
|
corrections ordered by the governing body. The comptroller may |
|
order changes in the state tax roll to correct errors in the |
|
mathematical computation of the state ad valorem tax. |
|
SECTION 1.26. Section 31.11(a), Tax Code, is amended to |
|
read as follows: |
|
(a) If a taxpayer applies to the tax collector of a taxing |
|
unit for a refund of an overpayment or erroneous payment of taxes, |
|
the collector for the unit determines that the payment was |
|
erroneous or excessive, and the auditor for the unit or the |
|
comptroller in the case of the state ad valorem tax agrees with the |
|
collector's determination, the collector or, for state taxes, the |
|
comptroller shall refund the amount of the excessive or erroneous |
|
payment from available current tax collections or from funds |
|
appropriated by the unit or the state, as appropriate, for making |
|
refunds. For taxes other than state taxes [However], the collector |
|
may not make the refund unless: |
|
(1) in the case of a collector who collects taxes for |
|
one taxing unit, the governing body of the taxing unit also |
|
determines that the payment was erroneous or excessive and approves |
|
the refund if the amount of the refund exceeds: |
|
(A) $5,000 for a refund to be paid by a county |
|
with a population of two million or more; or |
|
(B) $500 for a refund to be paid by any other |
|
taxing unit; or |
|
(2) in the case of a collector who collects taxes for |
|
more than one taxing unit, the governing body of the taxing unit |
|
that employs the collector also determines that the payment was |
|
erroneous or excessive and approves the refund if the amount of the |
|
refund exceeds: |
|
(A) $5,000 for a refund to be paid by a county |
|
with a population of two million or more; or |
|
(B) $2,500 for a refund to be paid by any other |
|
taxing unit. |
|
SECTION 1.27. Sections 32.01(a) and (d), Tax Code, are |
|
amended to read as follows: |
|
(a) On January 1 of each year, a tax lien attaches to |
|
property to secure the payment of all taxes, penalties, and |
|
interest ultimately imposed for the year by the state or a taxing |
|
unit on the property, whether or not the taxes are imposed in the |
|
year the lien attaches. The lien to secure the payment of state ad |
|
valorem taxes and applicable penalties and interest exists in favor |
|
of the state. The lien to secure the payment of taxes imposed by a |
|
taxing unit and applicable penalties and interest exists in favor |
|
of the [each] taxing unit having power to tax the property. |
|
(d) The lien under this section is perfected on attachment |
|
and, except as provided by Section 32.03(b), perfection requires no |
|
further action by the state or taxing unit. |
|
SECTION 1.28. Section 33.01(a), Tax Code, is amended to |
|
read as follows: |
|
(a) A delinquent tax, including a delinquent state ad |
|
valorem tax, incurs a penalty of six percent of the amount of the |
|
tax for the first calendar month it is delinquent plus one percent |
|
for each additional month or portion of a month the tax remains |
|
unpaid prior to July 1 of the year in which it becomes delinquent. |
|
However, a tax delinquent on July 1 incurs a total penalty of twelve |
|
percent of the amount of the delinquent tax without regard to the |
|
number of months the tax has been delinquent. A delinquent tax |
|
continues to incur the penalty provided by this subsection as long |
|
as the tax remains unpaid, regardless of whether a judgment for the |
|
delinquent tax has been rendered. |
|
SECTION 1.29. Subchapter A, Chapter 33, Tax Code, is |
|
amended by adding Section 33.12 to read as follows: |
|
Sec. 33.12. COLLECTION OF DELINQUENT STATE AD VALOREM |
|
TAXES; PENALTY. (a) The collector for a school district has the |
|
same powers and duties regarding the collection of delinquent state |
|
ad valorem taxes imposed on property having taxable situs in the |
|
school district as the collector has regarding delinquent school |
|
district taxes on that property. |
|
(b) The attorney who represents a school district to enforce |
|
the collection of delinquent school district taxes represents the |
|
state to enforce the collection of delinquent state ad valorem |
|
taxes imposed on property having taxable situs in the school |
|
district. If the governing body of a school district contracts with |
|
a private attorney to enforce the collection of delinquent school |
|
district ad valorem taxes, the contract applies to the collection |
|
of delinquent state ad valorem taxes on property taxable by that |
|
school district without further action. The compensation of the |
|
private attorney for collecting delinquent state ad valorem taxes |
|
is equal to a percentage of the amount collected that represents the |
|
portion of that amount attributable to the additional penalty |
|
provided by Subsection (c). If the governing body of a school |
|
district enters into a contract with an official, taxing unit, or |
|
political subdivision of this state for the collection of the ad |
|
valorem taxes of the school district that includes the collection |
|
of delinquent school district taxes, the contract applies to the |
|
collection of delinquent state ad valorem taxes on property taxable |
|
by that school district without further action. |
|
(c) State ad valorem taxes that remain delinquent on July 1 |
|
of the year in which they become delinquent incur an additional |
|
penalty to defray costs of collection if the collection of the |
|
delinquent taxes is covered by a contract with a private attorney |
|
under Subsection (b). The amount of the penalty is the amount of |
|
the compensation specified in the contract. |
|
(d) A tax lien attaches in favor of the state to the property |
|
on which the tax is imposed to secure payment of the penalty. |
|
(e) The person responsible for collecting the delinquent |
|
state ad valorem tax shall deliver a notice of delinquency and of |
|
the penalty to the property owner at least 30 and not more than 60 |
|
days before July 1. |
|
(f) Sections 6.30, 33.07, and 33.08 do not apply to the |
|
state ad valorem tax. |
|
SECTION 1.30. Sections 33.21(a) and (b), Tax Code, are |
|
amended to read as follows: |
|
(a) A person's personal property is subject to seizure for |
|
the payment of a delinquent tax, penalty, and interest the person |
|
[he] owes the state or a taxing unit on property. |
|
(b) A person's personal property is subject to seizure for |
|
the payment of a tax imposed by the state or other [a] taxing unit on |
|
the person's property before the tax becomes delinquent if: |
|
(1) the collector discovers that property on which the |
|
tax has been or will be imposed is about to be: |
|
(A) removed from the county; or |
|
(B) sold in a liquidation sale in connection with |
|
the cessation of a business; and |
|
(2) the collector knows of no other personal property |
|
in the county from which the tax may be satisfied. |
|
SECTION 1.31. Section 33.23(b), Tax Code, is amended to |
|
read as follows: |
|
(b) A bond may not be required of the state or other [a] |
|
taxing unit for issuance or delivery of a tax warrant, and a fee or |
|
court cost may not be charged for issuance or delivery of a warrant. |
|
SECTION 1.32. Section 33.44(b), Tax Code, is amended to |
|
read as follows: |
|
(b) For purposes of joining a county, citation may be served |
|
on the county [tax] assessor-collector. For purposes of joining |
|
any other taxing unit, citation may be served on the officer charged |
|
with collecting taxes for the unit or on the presiding officer or |
|
secretary of the governing body of the unit. For purposes of |
|
joining the state, citation shall be served on the school district |
|
collector who collects state ad valorem taxes on the property. |
|
Citation may be served by certified mail, return receipt requested. |
|
A person on whom service is authorized by this subsection may waive |
|
the issuance and service of citation in behalf of the person's [his] |
|
taxing unit. |
|
SECTION 1.33. Section 34.04(b), Tax Code, is amended to |
|
read as follows: |
|
(b) A copy of the petition shall be served, in the manner |
|
prescribed by Rule 21a, Texas Rules of Civil Procedure, [as
|
|
amended,] or that rule's successor, on all parties to the |
|
underlying action not later than the 20th day before the date set |
|
for a hearing on the petition. If the state is a party to the |
|
underlying action, the copy of the petition to be served on the |
|
state shall be served on the school district collector who collects |
|
state ad valorem taxes on the subject property. The attorney who |
|
represents the state to enforce the collection of delinquent state |
|
ad valorem taxes in the school district in which the property is |
|
located shall represent the state at the hearing. |
|
SECTION 1.34. The heading to Chapter 41, Tax Code, is |
|
amended to read as follows: |
|
CHAPTER 41. ADMINISTRATIVE [LOCAL] REVIEW |
|
SECTION 1.35. Section 41.03, Tax Code, is amended to read as |
|
follows: |
|
Sec. 41.03. CHALLENGE BY STATE OR TAXING UNIT. (a) The |
|
state or another [A] taxing unit is entitled to challenge before the |
|
appraisal review board: |
|
(1) the level of appraisals of any category of |
|
property in the district or in any territory in the district, but |
|
not the appraised value of a single taxpayer's property; |
|
(2) an exclusion of property from the appraisal |
|
records; |
|
(3) a grant in whole or in part of a partial exemption; |
|
(4) a determination that land qualifies for appraisal |
|
as provided by Subchapter C, D, E, or H, Chapter 23; or |
|
(5) failure to identify the taxing unit as one in which |
|
a particular property is taxable. |
|
(b) If the state or other [a] taxing unit challenges a |
|
determination that land qualifies for appraisal under Subchapter H, |
|
Chapter 23, on the ground that the land is not located in an |
|
aesthetic management zone, critical wildlife habitat zone, or |
|
streamside management zone, the state or other taxing unit must |
|
first seek a determination letter from the director of the Texas |
|
Forest Service. The appraisal review board shall accept the letter |
|
as conclusive proof of the type, size, and location of the zone. |
|
SECTION 1.36. Subchapter A, Chapter 41, Tax Code, is |
|
amended by adding Sections 41.031 and 41.032 to read as follows: |
|
Sec. 41.031. CHALLENGE BY STATE. The state is entitled to |
|
challenge before the appraisal review board the exclusion of |
|
property from the appraisal roll for state ad valorem taxes. |
|
Sec. 41.032. REPRESENTATION OF STATE. The comptroller |
|
represents the state in a challenge by the state under this |
|
subchapter. The comptroller may delegate that function to the |
|
appropriate school district assessor or collector. |
|
SECTION 1.37. Section 41.06(a), Tax Code, is amended to |
|
read as follows: |
|
(a) The secretary of the appraisal review board shall |
|
deliver to the comptroller on behalf of the state and to the |
|
presiding officer of the governing body of each taxing unit other |
|
than the state entitled to appear at a challenge hearing written |
|
notice of the date, time, and place fixed for the hearing. The |
|
secretary shall deliver the notice not later than the 10th day |
|
before the date of the hearing. |
|
SECTION 1.38. Section 41.07(d), Tax Code, is amended to |
|
read as follows: |
|
(d) The board shall deliver by certified mail a notice of |
|
the issuance of the order and a copy of the order to the taxing unit. |
|
If the order of the board excludes property from the appraisal roll |
|
for state ad valorem taxes, the board shall also deliver a notice of |
|
issuance and a copy of the order to the comptroller and the |
|
appropriate school district assessor in the manner prescribed by |
|
the comptroller. |
|
SECTION 1.39. Section 41.47(d), Tax Code, is amended to |
|
read as follows: |
|
(d) The board shall deliver by certified mail a notice of |
|
issuance of the order and a copy of the order to the property owner |
|
and the chief appraiser. If the order of the board excludes |
|
property from the appraisal roll for state ad valorem taxes, the |
|
board shall also deliver a notice of issuance and a copy of the |
|
order to the comptroller and the appropriate school district |
|
assessor in the manner prescribed by the comptroller. |
|
SECTION 1.40. Subchapter A, Chapter 42, Tax Code, is |
|
amended by adding Section 42.032 to read as follows: |
|
Sec. 42.032. RIGHT OF APPEAL BY COMPTROLLER. (a) The |
|
comptroller is entitled to appeal an order of the appraisal review |
|
board excluding property from the appraisal roll for state ad |
|
valorem taxes. |
|
(b) The attorney general shall represent the comptroller in |
|
an appeal under this section. The attorney general may delegate its |
|
duties under this section to a county or district attorney or may |
|
contract with a private attorney for the performance of those |
|
duties. |
|
SECTION 1.41. Sections 42.06(a) and (c), Tax Code, are |
|
amended to read as follows: |
|
(a) To exercise the party's right to appeal an order of an |
|
appraisal review board, a party other than a property owner must |
|
file written notice of appeal within 15 days after the date the |
|
party receives the notice required by Section 41.47 or, in the case |
|
of a taxing unit or the comptroller, by Section 41.07 that the order |
|
appealed has been issued. To exercise the right to appeal an order |
|
of the comptroller, a party other than a property owner must file |
|
written notice of appeal within 15 days after the date the party |
|
receives the comptroller's order. A property owner is not required |
|
to file a notice of appeal under this section. |
|
(c) If the chief appraiser, a taxing unit, [or] a county, or |
|
the comptroller appeals[, the chief appraiser, if the appeal is of] |
|
an order of the appraisal review board, the chief appraiser [or the
|
|
comptroller, if the appeal is of an order of the comptroller,] shall |
|
deliver a copy of the notice to the property owner whose property is |
|
involved in the appeal. If the appeal is of an order of the |
|
comptroller, the comptroller shall deliver a copy of the notice to |
|
the property owner. The chief appraiser or the comptroller shall |
|
deliver the copy of the notice within 10 days after the date the |
|
notice is filed. |
|
SECTION 1.42. Sections 42.43(a), (b), (b-1), (c), (e), (g), |
|
and (h), Tax Code, are amended to read as follows: |
|
(a) If the final determination of an appeal that decreases a |
|
property owner's tax liability occurs after the property owner has |
|
paid the owner's [his] taxes, the taxing unit and the comptroller, |
|
if the property is subject to the state ad valorem tax, shall refund |
|
to the property owner the difference between the amount of taxes |
|
paid and amount of taxes for which the property owner is liable. |
|
(b) For a refund made under this section because an |
|
exemption under Section 11.20 that was denied by the chief |
|
appraiser or appraisal review board is granted, the taxing unit or |
|
the comptroller shall include with the refund interest on the |
|
amount refunded calculated at an annual rate that is equal to the |
|
auction average rate quoted on a bank discount basis for |
|
three-month treasury bills issued by the United States government, |
|
as published by the Federal Reserve Board, for the week in which the |
|
taxes became delinquent, but not more than 10 percent, calculated |
|
from the delinquency date for the taxes until the date the refund is |
|
made. For any other refund made under this section, the taxing unit |
|
or the comptroller shall include with the refund interest on the |
|
amount refunded at an annual rate of eight percent, calculated from |
|
the delinquency date for the taxes until the date the refund is |
|
made. |
|
(b-1) A taxing unit or the comptroller may not send a refund |
|
made under this section before the earlier of: |
|
(1) the 21st day after the final determination of the |
|
appeal; or |
|
(2) the date the property owner files the form |
|
prescribed by Subsection (i) with the taxing unit or the |
|
comptroller. |
|
(c) Notwithstanding Subsection (b), if a taxing unit or the |
|
comptroller does not make a refund, including interest, required by |
|
this section before the 60th day after the date the chief appraiser |
|
certifies a correction to the appraisal roll under Section 42.41, |
|
the taxing unit or the comptroller shall include with the refund |
|
interest on the amount refunded at an annual rate of 12 percent, |
|
calculated from the delinquency date for the taxes until the date |
|
the refund is made. A refund is not considered made under this |
|
section until sent to the proper person as provided by this section. |
|
(e) Except as provided by Subsection (f) or (g), a taxing |
|
unit or the comptroller shall send a refund made under this section |
|
to the property owner. |
|
(g) If a form prescribed by the comptroller under Subsection |
|
(i) is filed with a taxing unit or the comptroller before the 21st |
|
day after the final determination of an appeal that requires a |
|
refund be made, the taxing unit or the comptroller shall send the |
|
refund to the person and address designated on the form. |
|
(h) A form filed with a taxing unit or the comptroller under |
|
Subsection (g) remains in effect for all subsequent refunds |
|
required by this section until revoked in a written revocation |
|
filed with the taxing unit or the comptroller by the property owner. |
|
SECTION 1.43. Sections 43.01 and 43.04, Tax Code, are |
|
amended to read as follows: |
|
Sec. 43.01. AUTHORITY TO BRING SUIT. The comptroller or a |
|
[A] taxing unit may sue the appraisal district that appraises |
|
property for the state or the unit to compel the appraisal district |
|
to comply with the provisions of this title, rules of the |
|
comptroller, or other applicable law. |
|
Sec. 43.04. SUIT TO COMPEL COMPLIANCE WITH DEADLINES. The |
|
comptroller or the governing body of a taxing unit may sue the chief |
|
appraiser or members of the appraisal review board, as applicable, |
|
for failure to comply with the deadlines imposed by Section |
|
25.22(a), 26.01(a), or 41.12. If the court finds that the chief |
|
appraiser or appraisal review board failed to comply for good cause |
|
shown, the court shall enter an order fixing a reasonable deadline |
|
for compliance. If the court finds that the chief appraiser or |
|
appraisal review board failed to comply without good cause, the |
|
court shall enter an order requiring the chief appraiser or |
|
appraisal review board to comply with the deadline not later than |
|
the 10th day after the date the judgment is signed. In a suit |
|
brought under this section, the court may enter any other order the |
|
court considers necessary to ensure compliance with the court's |
|
deadline or the applicable statutory requirements. Failure to obey |
|
an order of the court is punishable as contempt. |
|
SECTION 1.44. Chapter 311, Tax Code, is amended by adding |
|
Section 311.0131 to read as follows: |
|
Sec. 311.0131. SCHOOL DISTRICT ANNUAL OBLIGATION TO TAX |
|
INCREMENT FUND; STATE PAYMENT OF PORTION OF OBLIGATION. (a) This |
|
section applies only to a reinvestment zone created before |
|
September 1, 1999, for which a school district enters into an |
|
agreement under Section 311.013(f) with the governing body of the |
|
municipality that created the zone to pay into the tax increment |
|
fund for the zone a portion of the school district's tax increment |
|
produced from property located in the zone. |
|
(b) Notwithstanding the terms of the agreement regarding |
|
the portion of the school district's tax increment required to be |
|
paid into the fund, in each year, the portion of the school |
|
district's tax increment the school district is required to pay |
|
into the fund is the school district annual obligation for the |
|
school district for that year calculated under Subsection (c). |
|
(c) The municipality that created the zone or its designee |
|
shall calculate the school district annual obligation for a school |
|
district by applying the applicable school district's tax rate for |
|
the 2010 tax year to the captured appraised value for the school |
|
district for the year for which the obligation is calculated and |
|
multiplying that amount by the percentage of the school district's |
|
tax increment for the year for which the obligation is calculated |
|
that the school district agreed to pay into the tax increment fund |
|
in that year under Section 311.013(f). |
|
(d) The school district annual obligation for each year |
|
shall be apportioned between the school district and the state in |
|
proportion to the amount of taxes each of those entities imposes on |
|
the captured appraised value for the zone in that year as calculated |
|
under this subsection. The amount of taxes the state imposes on |
|
that captured appraised value is calculated by multiplying the rate |
|
of the state ad valorem tax rate for that year by the captured |
|
appraised value for the state. The amount of taxes the school |
|
district imposes on that captured appraised value used in making |
|
the apportionment is calculated by multiplying the school district |
|
local fund assignment tax rate for that year by the captured |
|
appraised value for the school district. The tax increment base for |
|
the state under Section 311.012 is determined as if this section |
|
were in effect for the year in which the reinvestment zone was |
|
created. |
|
(e) If more than one school district imposes taxes on |
|
property in a reinvestment zone, the school district annual |
|
obligation for each school district and the portion of that |
|
obligation that the state is required to pay under this section |
|
shall be calculated separately for the portion of the property in |
|
the reinvestment zone located in each school district. |
|
(f) The comptroller shall verify the payments to be made by |
|
the state under this section and shall retain from state property |
|
tax collections sufficient funds to make the calculated payments. |
|
From the retained funds, the comptroller shall pay to the school |
|
district or, if required by the agreement, to the municipality the |
|
portion of the school district annual obligation apportioned to the |
|
state under Subsection (c). |
|
(g) On receipt of the state's portion of the school district |
|
annual obligation by a school district, the school district |
|
promptly shall pay the state's portion to the municipality. At the |
|
time of payment of the state's portion to the municipality, the |
|
school district shall pay to the municipality any unpaid balance of |
|
the school district's portion of the school district annual |
|
obligation. |
|
(h) Amounts paid to a municipality under Subsections (f) and |
|
(g) shall be deposited to the credit of the tax increment fund on |
|
behalf of the school district. |
|
(i) This section ceases to apply to a reinvestment zone on |
|
the earlier date specified by Section 311.017(a)(1) or (2) for the |
|
reinvestment zone. If the agreement provides that the termination |
|
date may be extended, the state's obligation to pay a portion of the |
|
school district annual obligation ceases on the date the school |
|
district ceases to be required to pay any tax increment produced by |
|
the school district into the tax increment fund for the zone. |
|
SECTION 1.45. Subchapter A, Chapter 313, Tax Code, is |
|
amended by adding Section 313.010 to read as follows: |
|
Sec. 313.010. REPORT TO LEGISLATURE. (a) Not later than |
|
December 1, 2012, the Legislative Budget Board shall submit a |
|
report to the legislature that includes recommended changes to this |
|
chapter to provide incentives and credits relating to the state ad |
|
valorem tax that are consistent with the purposes described by |
|
Section 313.003. |
|
(b) This section expires January 1, 2013. |
|
SECTION 1.46. Section 403.302(j), Government Code, is |
|
amended to read as follows: |
|
(j) For purposes of Chapter 42, Education Code, the |
|
comptroller shall certify to the commissioner of education: |
|
(1) a final value for each school district computed on |
|
a residence homestead exemption under Section 1-b(c), Article VIII, |
|
Texas Constitution, of $5,000; |
|
(2) a final value for each school district computed |
|
on: |
|
(A) a residence homestead exemption under |
|
Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and |
|
(B) the effect of the additional limitation on |
|
tax increases under Section 1-b(d), Article VIII, Texas |
|
Constitution, as proposed by H.J.R. No. 4, 75th Legislature, |
|
Regular Session, 1997; and |
|
(3) a final value for each school district computed on |
|
the effect of the reduction of the limitation on tax increases to |
|
reflect any reduction in the school district tax rate as provided by |
|
Section 11.26(a-1), [(a-2), or (a-3),] Tax Code, as applicable. |
|
ARTICLE 2. PUBLIC SCHOOL FINANCE; ENRICHMENT TAX |
|
SECTION 2.01. Section 11.1511(c), Education Code, is |
|
amended to read as follows: |
|
(c) The board may: |
|
(1) issue bonds and levy, pledge, assess, and collect |
|
an annual ad valorem tax to pay the principal and interest on the |
|
bonds as authorized under Sections 45.001 and 45.003; |
|
(2) levy, assess, and collect an annual ad valorem tax |
|
for enrichment [maintenance and operation] of the district as |
|
authorized under Sections 45.002 and 45.003; |
|
(3) employ a person to assess or collect the district's |
|
taxes as authorized under Section 45.231; and |
|
(4) enter into contracts as authorized under this code |
|
or other law and delegate contractual authority to the |
|
superintendent as appropriate. |
|
SECTION 2.02. Section 12.013(b), Education Code, is amended |
|
to read as follows: |
|
(b) A home-rule school district is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; |
|
(2) a provision of this title relating to limitations |
|
on liability; and |
|
(3) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
|
title, relating to: |
|
(A) the Public Education Information Management |
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
this subchapter as determined by the commissioner; |
|
(B) educator certification under Chapter 21 and |
|
educator rights under Sections 21.407, 21.408, and 22.001; |
|
(C) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(D) student admissions under Section 25.001; |
|
(E) school attendance under Sections 25.085, |
|
25.086, and 25.087; |
|
(F) inter-district or inter-county transfers of |
|
students under Subchapter B, Chapter 25; |
|
(G) elementary class size limits under Section |
|
25.112, in the case of any campus in the district that fails to |
|
satisfy any standard under Section 39.054(e) [39.054(d)]; |
|
(H) high school graduation under Section 28.025; |
|
(I) special education programs under Subchapter |
|
A, Chapter 29; |
|
(J) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(K) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(L) safety provisions relating to the |
|
transportation of students under Sections 34.002, 34.003, 34.004, |
|
and 34.008; |
|
(M) computation and distribution of state aid |
|
under Chapters 31, 42, and 43; |
|
(N) extracurricular activities under Section |
|
33.081; |
|
(O) health and safety under Chapter 38; |
|
(P) public school accountability under |
|
Subchapters B, C, D, E, and J, Chapter 39; |
|
(Q) [equalized wealth under Chapter 41;
|
|
[(R)] a bond or other obligation or tax rate |
|
under Chapters 42, 43, and 45; and |
|
(R) [(S)] purchasing under Chapter 44. |
|
SECTION 2.03. Section 12.029(b), Education Code, is amended |
|
to read as follows: |
|
(b) If [Except as provided by Subchapter H, Chapter 41, if] |
|
two or more school districts having different status, one of which |
|
is home-rule school district status, consolidate into a single |
|
district, the petition under Section 13.003 initiating the |
|
consolidation must state the status for the consolidated district. |
|
The ballot shall be printed to permit voting for or against the |
|
proposition: "Consolidation of (names of school districts) into a |
|
single school district governed as (status of school district |
|
specified in the petition)." |
|
SECTION 2.04. Section 12.106(a), Education Code, is amended |
|
to read as follows: |
|
(a) A charter holder is entitled to receive for the |
|
open-enrollment charter school funding under Chapter 42 equal to |
|
the greater of: |
|
(1) the amount of funding per student in weighted |
|
average daily attendance, excluding enrichment funding under |
|
Sections 42.302(a-1)(2) and (3), as they existed on January 1, |
|
2009, that would have been received for the school during the |
|
2009-2010 school year under Chapter 42 as it existed on January 1, |
|
2009, and an additional amount of $120 for each student in weighted |
|
average daily attendance; or |
|
(2) the amount of funding per student in weighted |
|
average daily attendance, excluding enrichment funding under |
|
Section 42.302(a), to which the charter holder would be entitled |
|
for the school under Chapter 42 if the school were a school district |
|
[without a tier one local share for purposes of Section 42.253 and
|
|
without any local revenue for purposes of Section 42.2516]. |
|
SECTION 2.05. Sections 21.402(a) and (c), Education Code, |
|
are amended to read as follows: |
|
(a) Except as provided by Subsection (d), (e), or (f), a |
|
school district must pay each classroom teacher, full-time |
|
librarian, full-time counselor certified under Subchapter B, or |
|
full-time school nurse not less than the minimum monthly salary, |
|
based on the employee's level of experience in addition to other |
|
factors, as determined by commissioner rule, determined by the |
|
following formula: |
|
MS = SF x BA [FS] |
|
where: |
|
"MS" is the minimum monthly salary; |
|
"SF" is the applicable salary factor specified by Subsection |
|
(c); and |
|
"BA" ["FS"] is the amount of the basic allotment under |
|
Section 42.101[, as determined by the commissioner under Subsection
|
|
(b), of state and local funds per weighted student, including funds
|
|
provided under Section 42.2516, available to a district eligible to
|
|
receive state assistance under Section 42.302 with a maintenance
|
|
and operations tax rate per $100 of taxable value equal to the
|
|
product of the state compression percentage, as determined under
|
|
Section 42.2516, multiplied by $1.50, except that the amount of
|
|
state and local funds per weighted student does not include the
|
|
amount attributable to the increase in the guaranteed level made by
|
|
Chapter 1187, Acts of the 77th Legislature, Regular Session, 2001]. |
|
(c) The salary factors per step are as follows: |
|
|
|
|
|
|
|
|
_____ |
[.6226] |
_____ |
[.6360] |
_____ |
[.6492] |
_____ |
[.6627] |
_____ |
[.6909] |
|
|
|
|
|
|
|
|
|
_____ |
[.7192] |
_____ |
[.7474] |
_____ |
[.7737] |
_____ |
[.7985] |
_____ |
[.8220] |
|
|
|
|
|
|
|
|
|
_____ |
[.8441] |
_____ |
[.8650] |
_____ |
[.8851] |
_____ |
[.9035] |
_____ |
[.9213] |
|
|
|
|
|
|
|
|
|
_____ |
[.9380] |
_____ |
[.9539] |
_____ |
[.9687] |
_____ |
[.9828] |
_____ |
[.9963] |
|
|
|
|
|
|
|
|
|
|
SECTION 2.06. Section 21.410(h), Education Code, is amended |
|
to read as follows: |
|
(h) A grant a school district receives under this section is |
|
in addition to the [any] funding the district receives under |
|
Chapter 42. The commissioner shall distribute funds under this |
|
section with the Foundation School Program payment to which the |
|
district is entitled as soon as practicable after the end of the |
|
school year as determined by the commissioner. [A district to which
|
|
Chapter 41 applies is entitled to the grants paid under this
|
|
section. The commissioner shall determine the timing of the
|
|
distribution of grants to a district that does not receive
|
|
Foundation School Program payments.] |
|
SECTION 2.07. Section 21.411(h), Education Code, is amended |
|
to read as follows: |
|
(h) A grant a school district receives under this section is |
|
in addition to the [any] funding the district receives under |
|
Chapter 42. The commissioner shall distribute funds under this |
|
section with the Foundation School Program payment to which the |
|
district is entitled as soon as practicable after the end of the |
|
school year as determined by the commissioner. [A district to which
|
|
Chapter 41 applies is entitled to the grants paid under this
|
|
section. The commissioner shall determine the timing of the
|
|
distribution of grants to a district that does not receive
|
|
Foundation School Program payments.] |
|
SECTION 2.08. Section 21.412(h), Education Code, is amended |
|
to read as follows: |
|
(h) A grant a school district receives under this section is |
|
in addition to the [any] funding the district receives under |
|
Chapter 42. The commissioner shall distribute funds under this |
|
section with the Foundation School Program payment to which the |
|
district is entitled as soon as practicable after the end of the |
|
school year as determined by the commissioner. [A district to which
|
|
Chapter 41 applies is entitled to the grants paid under this
|
|
section. The commissioner shall determine the timing of the
|
|
distribution of grants to a district that does not receive
|
|
Foundation School Program payments.] |
|
SECTION 2.09. Section 21.413(h), Education Code, is amended |
|
to read as follows: |
|
(h) A grant a school district receives under this section is |
|
in addition to the [any] funding the district receives under |
|
Chapter 42. The commissioner shall distribute funds under this |
|
section with the Foundation School Program payment to which the |
|
district is entitled as soon as practicable after the end of the |
|
school year as determined by the commissioner. [A district to which
|
|
Chapter 41 applies is entitled to the grants paid under this
|
|
section. The commissioner shall determine the timing of the
|
|
distribution of grants to a district that does not receive
|
|
Foundation School Program payments.] |
|
SECTION 2.10. Section 29.008(b), Education Code, is amended |
|
to read as follows: |
|
(b) Except as provided by Subsection (c), costs of an |
|
approved contract for residential placement may be paid from a |
|
combination of federal, state, and local funds. The local share of |
|
the total contract cost for each student is [that portion of the
|
|
local tax effort that exceeds] the district's local tax effort |
|
[fund assignment under Section 42.252,] divided by the average |
|
daily attendance in the district. If the contract involves a |
|
private facility, the state share of the total contract cost is that |
|
amount remaining after subtracting the local share. If the |
|
contract involves a public facility, the state share is that amount |
|
remaining after subtracting the local share from the portion of the |
|
contract that involves the costs of instructional and related |
|
services. For purposes of this subsection, "local tax effort" |
|
means the total amount of money generated by taxes imposed for debt |
|
service and enrichment [maintenance and operation] less any amounts |
|
paid into a tax increment fund under Chapter 311, Tax Code. |
|
SECTION 2.11. Section 29.203(b), Education Code, is amended |
|
to read as follows: |
|
(b) A school district is entitled to the allotment provided |
|
by Section 42.157 for each eligible student using a public |
|
education grant. [If the district has a wealth per student greater
|
|
than the guaranteed wealth level but less than the equalized wealth
|
|
level, a school district is entitled under rules adopted by the
|
|
commissioner to additional state aid in an amount equal to the
|
|
difference between the cost to the district of providing services
|
|
to a student using a public education grant and the sum of the state
|
|
aid received because of the allotment under Section 42.157 and
|
|
money from the available school fund attributable to the student.] |
|
SECTION 2.12. Section 30.003(b), Education Code, is amended |
|
to read as follows: |
|
(b) If the student is admitted to the school for a full-time |
|
program for the equivalent of two long semesters, the district's |
|
share of the cost is an amount equal to the sum of the dollar amount |
|
of enrichment [maintenance] and debt service taxes imposed by the |
|
district for that year divided by the district's average daily |
|
attendance for the preceding year and a dollar amount determined by |
|
the commissioner. |
|
SECTION 2.13. Section 37.0061, Education Code, is amended |
|
to read as follows: |
|
Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN |
|
JUVENILE RESIDENTIAL FACILITIES. A school district that provides |
|
education services to pre-adjudicated and post-adjudicated |
|
students who are confined by court order in a juvenile residential |
|
facility operated by a juvenile board is entitled to count such |
|
students in the district's average daily attendance for purposes of |
|
receipt of state funds under the Foundation School Program. [If the
|
|
district has a wealth per student greater than the guaranteed
|
|
wealth level but less than the equalized wealth level, the district
|
|
in which the student is enrolled on the date a court orders the
|
|
student to be confined to a juvenile residential facility shall
|
|
transfer to the district providing education services an amount
|
|
equal to the difference between the average Foundation School
|
|
Program costs per student of the district providing education
|
|
services and the sum of the state aid and the money from the
|
|
available school fund received by the district that is attributable
|
|
to the student for the portion of the school year for which the
|
|
district provides education services to the student.] |
|
SECTION 2.14. Section 42.007(c), Education Code, is amended |
|
to read as follows: |
|
(c) The funding elements must include: |
|
(1) a basic allotment for the purposes of Section |
|
42.101 that[, when combined with the guaranteed yield component
|
|
provided by Subchapter F,] represents the cost per student of a |
|
regular education program that meets all mandates of law and |
|
regulation; |
|
(2) adjustments designed to reflect the variation in |
|
known resource costs and costs of education beyond the control of |
|
school districts; |
|
(3) appropriate program cost differentials and other |
|
funding elements for the programs authorized under Subchapter C, |
|
with the program funding level expressed as dollar amounts and as |
|
weights applied to the adjusted basic allotment for the appropriate |
|
year; |
|
(4) the maximum guaranteed level of qualified state |
|
and local funds per student for the purposes of Subchapter F; |
|
(5) the enrichment [and facilities] tax rate under |
|
Subchapter F; |
|
(6) the computation of students in weighted average |
|
daily attendance under Section 42.302; and |
|
(7) the amount to be appropriated for the school |
|
facilities assistance program under Chapter 46. |
|
SECTION 2.15. Section 42.008, Education Code, is amended by |
|
amending Subsections (a) and (c) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) Notwithstanding any other provision of this title, a |
|
school district is not entitled in any school year to receive an |
|
amount of state [and local] maintenance and operations revenue per |
|
student in weighted average daily attendance that exceeds by more |
|
than $350 the amount of state [and local] maintenance and |
|
operations revenue per student in weighted average daily attendance |
|
received by the district during the preceding school year. |
|
(a-1) Subsection (a) applies beginning with the 2013-2014 |
|
school year. For the 2012-2013 school year, notwithstanding any |
|
other provision of this title, a school district is not entitled to |
|
receive a total amount of state maintenance and operations revenue |
|
per student in weighted average daily attendance that exceeds by |
|
more than $350 the amount of state and local maintenance and |
|
operations revenue per student in weighted average daily attendance |
|
received by the district during the 2011-2012 school year. This |
|
subsection expires September 1, 2013. |
|
(c) The commissioner shall make adjustments to amounts due |
|
to a school district under this chapter [or amounts required for a
|
|
district to comply with Chapter 41] as necessary to comply with the |
|
limitation imposed by this section. |
|
SECTION 2.16. Sections 42.101(a) and (a-1), Education Code, |
|
are amended to read as follows: |
|
(a) For each student in average daily attendance, not |
|
including the time students spend each day in special education |
|
programs in an instructional arrangement other than mainstream or |
|
career and technology education programs, for which an additional |
|
allotment is made under Subchapter C, a district is entitled to an |
|
allotment equal to [the lesser of] $4,765 [or the amount that
|
|
results from the following formula:
|
|
[A = $4,765 X (DCR/MCR)
|
|
[where:
|
|
["A" is the allotment to which a district is entitled;
|
|
["DCR" is the district's compressed tax rate, which is the
|
|
product of the state compression percentage, as determined under
|
|
Section 42.2516, multiplied by the maintenance and operations tax
|
|
rate adopted by the district for the 2005 tax year; and
|
|
["MCR" is the state maximum compressed tax rate, which is the
|
|
product of the state compression percentage, as determined under
|
|
Section 42.2516, multiplied by $1.50]. |
|
(a-1) Subsection (a) applies beginning with the 2013-2014 |
|
school year. For the 2009-2010 through 2012-2013 school years, |
|
Subsection (a) applies, except the [each] reference to $4,765 in |
|
that subsection is replaced with an amount equal to the greater of: |
|
(1) $4,765; or |
|
(2) the amount equal to the product of .0165 and the |
|
average statewide property value per weighted student. |
|
SECTION 2.17. Section 42.159(g), Education Code, is amended |
|
to read as follows: |
|
(g) Amounts received by a school district or |
|
open-enrollment charter school under this section are in addition |
|
to any amounts to which the district or school is entitled to |
|
receive [or retain] under Chapter 12 or [41 or] this chapter and are |
|
not subject to reduction under any provision of those chapters. |
|
SECTION 2.18. Section 42.251(b), Education Code, is amended |
|
to read as follows: |
|
(b) The program shall be financed by: |
|
(1) ad valorem tax revenue generated by the state ad |
|
valorem tax under Section 3-a, Article VII, Texas Constitution [an
|
|
equalized uniform school district effort]; |
|
(2) enrichment ad valorem tax revenue generated by |
|
local school district effort [in excess of the equalized uniform
|
|
school district effort]; |
|
(3) state available school funds distributed in |
|
accordance with law; and |
|
(4) state funds appropriated for the purposes of |
|
public school education and allocated to each district in an amount |
|
sufficient to finance the cost of each district's Foundation School |
|
Program not covered by other funds specified in this subsection. |
|
SECTION 2.19. Section 42.25161(a), Education Code, is |
|
amended to read as follows: |
|
(a) The commissioner shall provide South Texas Independent |
|
School District with the amount of state aid necessary to ensure |
|
that the district receives an amount of state maintenance and |
|
operations [and local] revenue per student in weighted average |
|
daily attendance that is at least $120 greater than the amount of |
|
state and local maintenance and operations revenue the district |
|
would have received per student in weighted average daily |
|
attendance during the 2009-2010 school year under this chapter, as |
|
it existed on January 1, 2009, at a maintenance and operations tax |
|
rate equal to the product of the state compression percentage for |
|
the 2009-2010 school year, as established under former Section |
|
42.2516, multiplied by the maintenance and operations tax rate |
|
adopted by the district for the 2005 tax year[, provided that the
|
|
district imposes a maintenance and operations tax at that rate]. |
|
SECTION 2.20. Section 42.2521(a), Education Code, is |
|
amended to read as follows: |
|
(a) For purposes of Chapter [Chapters 41 and] 46 and this |
|
chapter, and to the extent money specifically authorized to be used |
|
under this section is available, the commissioner shall adjust the |
|
taxable value of property in a school district that, due to factors |
|
beyond the control of the board of trustees, experiences a rapid |
|
decline in the tax base used in calculating taxable values in excess |
|
of four percent of the tax base used in the preceding year. |
|
SECTION 2.21. Section 42.2523(a), Education Code, is |
|
amended to read as follows: |
|
(a) For purposes of Chapter [Chapters 41 and] 46 and this |
|
chapter, the commissioner shall adjust the taxable value of |
|
property of a school district all or part of which is located in an |
|
area declared a disaster area by the governor under Chapter 418, |
|
Government Code, as necessary to ensure that the district receives |
|
funding based as soon as possible on property values as affected by |
|
the disaster. |
|
SECTION 2.22. Sections 42.2524(c) and (d), Education Code, |
|
are amended to read as follows: |
|
(c) The commissioner may provide reimbursement under this |
|
section only if funds are available for that purpose [as follows:
|
|
[(1)
reimbursement for a school district not required
|
|
to take action under Chapter 41 may be provided] from: |
|
(1) [(A)] amounts appropriated for that purpose, |
|
including amounts appropriated for those districts for that purpose |
|
to the disaster contingency fund established under Section 418.073, |
|
Government Code; or |
|
(2) [(B)] Foundation School Program funds available |
|
for that purpose, based on a determination by the commissioner that |
|
the amount appropriated for the Foundation School Program, |
|
including the facilities component as provided by Chapter 46, |
|
exceeds the amount to which districts are entitled under this |
|
chapter and Chapter 46[; and
|
|
[(2)
reimbursement for a school district required to
|
|
take action under Chapter 41 may be provided from funds described by
|
|
Subdivision (1)(B) if funds remain available after fully
|
|
reimbursing each school district described by Subdivision (1) for
|
|
its disaster remediation costs]. |
|
(d) If the amount of money available for purposes of |
|
reimbursing school districts [not required to take action under
|
|
Chapter 41] is not sufficient to fully reimburse each district's |
|
disaster remediation costs, the commissioner shall reduce the |
|
amount of assistance provided to each of those districts |
|
proportionately. [If the amount of money available for purposes of
|
|
reimbursing school districts required to take action under Chapter
|
|
41 is not sufficient to fully reimburse each district's disaster
|
|
remediation costs, the commissioner shall reduce the amount of
|
|
assistance provided to each of those districts proportionately.] |
|
SECTION 2.23. Sections 42.253(a) and (c), Education Code, |
|
are amended to read as follows: |
|
(a) For each school year the commissioner shall determine: |
|
(1) the amount of money to which a school district is |
|
entitled under Subchapters B and C; |
|
(2) the amount of money to which a school district is |
|
entitled under Subchapter F; |
|
(3) the amount of money allocated to the district from |
|
the available school fund; and |
|
(4) [the amount of each district's tier one local share
|
|
under Section 42.252; and
|
|
[(5)] the amount of each district's tier two local |
|
share under Section 42.302. |
|
(c) Each school district is entitled to an amount equal to |
|
the difference for that district between the sum of Subsections |
|
(a)(1) and (a)(2) and the sum of Subsections (a)(3) and[,] (a)(4)[,
|
|
and (a)(5)]. |
|
SECTION 2.24. Sections 42.2531(a), (b), and (c), Education |
|
Code, are amended to read as follows: |
|
(a) The commissioner may make adjustments to amounts due to |
|
a school district under this chapter or Chapter 46[, or to amounts
|
|
necessary for a district to comply with the requirements of Chapter
|
|
41,] as provided by this section. |
|
(b) A school district that has a major taxpayer, as |
|
determined by the commissioner, that because of a protest of the |
|
valuation of the taxpayer's property fails to pay all or a portion |
|
of the ad valorem taxes due to the district may apply to the |
|
commissioner to have the district's taxable value of property or ad |
|
valorem tax collections adjusted for purposes of this chapter or |
|
Chapter [41 or] 46. The commissioner may make the adjustment only |
|
to the extent the commissioner determines that making the |
|
adjustment will not: |
|
(1) in the fiscal year in which the adjustment is made, |
|
cause the amount to which school districts are entitled under this |
|
chapter to exceed the amount appropriated for purposes of the |
|
Foundation School Program for that year; and |
|
(2) if the adjustment is made in the first year of a |
|
state fiscal biennium, cause the amount to which school districts |
|
are entitled under this chapter for the second year of the biennium |
|
to exceed the amount appropriated for purposes of the Foundation |
|
School Program for that year. |
|
(c) The commissioner shall recover the benefit of any |
|
adjustment made under this section by making offsetting adjustments |
|
in the school district's taxable value of property or ad valorem tax |
|
collections for purposes of this chapter or Chapter [41 or] 46 on a |
|
final determination of the taxable value of property that was the |
|
basis of the original adjustment, or in the second school year |
|
following the year in which the adjustment is made, whichever is |
|
earlier. |
|
SECTION 2.25. Section 42.257(b), Education Code, is amended |
|
to read as follows: |
|
(b) If the district would have received a greater amount |
|
from the foundation school fund for the applicable school year |
|
using the adjusted value, the commissioner shall add the difference |
|
to subsequent distributions to the district from the foundation |
|
school fund. [An adjustment does not affect the local fund
|
|
assignment of any other district.] |
|
SECTION 2.26. Section 42.259(b), Education Code, is amended |
|
to read as follows: |
|
(b) Payments from the foundation school fund to each |
|
[category 1] school district shall be made as follows: |
|
(1) 15 percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of September of a fiscal year; |
|
(2) 80 percent of the yearly entitlement of the |
|
district shall be paid in eight equal installments to be made on or |
|
before the 25th day of October, November, December, January, March, |
|
May, June, and July; and |
|
(3) five percent of the yearly entitlement of the |
|
district shall be paid in an installment to be made on or before the |
|
25th day of February. |
|
SECTION 2.27. Section 42.260(b), Education Code, is amended |
|
to read as follows: |
|
(b) For each year, the commissioner shall certify to each |
|
school district or participating charter school the amount of[:
|
|
[(1)
additional funds to which the district or school
|
|
is entitled due to the increase made by H.B. No. 3343, Acts of the
|
|
77th Legislature, Regular Session, 2001, to:
|
|
[(A)
the equalized wealth level under Section
|
|
41.002; or
|
|
[(B)] the guaranteed level of state and local |
|
funds per weighted student per cent of tax effort under Section |
|
42.302[; or
|
|
[(2)
additional state aid to which the district or
|
|
school is entitled under Section 42.2513]. |
|
SECTION 2.28. Sections 42.302(a), (a-1), (b), (c), (d), and |
|
(e), Education Code, are amended to read as follows: |
|
(a) Each school district is guaranteed a specified amount |
|
per weighted student in state and local funds for each cent of tax |
|
effort [over that required for the district's local fund
|
|
assignment] up to the maximum tax rate permitted under Section |
|
45.003 [level specified in this subchapter]. The amount of state |
|
support[, subject only to the maximum amount under Section 42.303,] |
|
is determined by the formula: |
|
GYA = (GL X WADA X DTR X 100) - LR |
|
where: |
|
"GYA" is the guaranteed yield amount of state funds to be |
|
allocated to the district; |
|
"GL" is the dollar amount guaranteed level of state and local |
|
funds per weighted student per cent of tax effort, which is an |
|
amount described by Subsection (a-1) or a greater amount for any |
|
year provided by appropriation; |
|
"WADA" is the number of students in weighted average daily |
|
attendance, which is calculated by dividing the sum of the school |
|
district's allotments under Subchapters B and C, less any allotment |
|
to the district for transportation, any allotment under Section |
|
42.158, 42.159, or 42.160, and 50 percent of the adjustment under |
|
Section 42.102, by the basic allotment for the applicable year; |
|
"DTR" is the district enrichment tax rate of the school |
|
district, which is determined by subtracting the amount [amounts] |
|
specified by Subsection (b) from the total amount of enrichment |
|
[maintenance and operations] taxes collected by the school district |
|
for the applicable school year and dividing the difference by the |
|
quotient of the district's taxable value of property as determined |
|
under Subchapter M, Chapter 403, Government Code, or, if |
|
applicable, under Section 42.2521, divided by 100; and |
|
"LR" is the local revenue, which is determined by multiplying |
|
"DTR" by the quotient of the district's taxable value of property as |
|
determined under Subchapter M, Chapter 403, Government Code, or, if |
|
applicable, under Section 42.2521, divided by 100. |
|
(a-1) [In this section, "wealth per student" has the meaning
|
|
assigned by Section 41.001.] For purposes of Subsection (a), the |
|
dollar amount guaranteed level of state and local funds per |
|
weighted student per cent of tax effort ("GL") for a school district |
|
is: |
|
(1) the greater of the amount of district tax revenue |
|
per weighted student per cent of tax effort that would be available |
|
to the Austin Independent School District, as determined by the |
|
commissioner in cooperation with the Legislative Budget Board, if |
|
the reduction of the limitation on tax increases as provided by |
|
Section 11.26(a-1), [(a-2), or (a-3),] Tax Code, did not apply, or |
|
the amount of district tax revenue per weighted student per cent of |
|
tax effort used for purposes of this subdivision in the preceding |
|
school year, for the first six cents of [by which] the district's |
|
enrichment [maintenance and operations] tax rate [exceeds the rate
|
|
equal to the product of the state compression percentage, as
|
|
determined under Section 42.2516, multiplied by the maintenance and
|
|
operations tax rate adopted by the district for the 2005 tax year]; |
|
and |
|
(2) $31.95, for the district's enrichment [maintenance
|
|
and operations] tax effort that exceeds the amount of tax effort |
|
described by Subdivision (1). |
|
(b) In computing the district enrichment tax rate of a |
|
school district, the total amount of enrichment [maintenance and
|
|
operations] taxes collected by the school district does not include |
|
the amount of[:
|
|
[(1)
the district's local fund assignment under
|
|
Section 42.252; or
|
|
[(2)] taxes paid into a tax increment fund under |
|
Chapter 311, Tax Code. |
|
(c) For purposes of this section, school district |
|
enrichment taxes for which credit is granted under Section 31.035, |
|
31.036, or 31.037, Tax Code, are considered taxes collected by the |
|
school district as if the taxes were paid when the credit for the |
|
taxes was granted. |
|
(d) For purposes of this section, the total amount of |
|
enrichment [maintenance and operations] taxes collected for an |
|
applicable school year by a school district with alternate tax |
|
dates, as authorized by Section 26.135, Tax Code, is the amount of |
|
taxes collected on or after January 1 of the year in which the |
|
school year begins and not later than December 31 of the same year. |
|
(e) For purposes of this section, school district |
|
enrichment taxes for which credit is granted under Subchapter D, |
|
Chapter 313, Tax Code, are considered taxes collected by the school |
|
district as if the taxes were paid when the credit for the taxes was |
|
granted. |
|
SECTION 2.29. Section 43.002(b), Education Code, is amended |
|
to read as follows: |
|
(b) Of the amounts available for transfer from the general |
|
revenue fund to the available school fund for the months of January |
|
and February of each fiscal year, no more than the amount necessary |
|
to enable the comptroller to distribute from the available school |
|
fund an amount equal to 9-1/2 percent of the estimated annual |
|
available school fund apportionment to [category 1] school |
|
districts[, as defined by Section 42.259, and 3-1/2 percent of the
|
|
estimated annual available school fund apportionment to category 2
|
|
school districts, as defined by Section 42.259,] may be transferred |
|
from the general revenue fund to the available school fund. Any |
|
remaining amount that would otherwise be available for transfer for |
|
the months of January and February shall be transferred from the |
|
general revenue fund to the available school fund in equal amounts |
|
in June and in August of the same fiscal year. |
|
SECTION 2.30. Sections 44.004(c) and (c-1), Education Code, |
|
are amended to read as follows: |
|
(c) The notice of public meeting to discuss and adopt the |
|
budget and the proposed tax rate may not be smaller than one-quarter |
|
page of a standard-size or a tabloid-size newspaper, and the |
|
headline on the notice must be in 18-point or larger type. Subject |
|
to Subsection (d), the notice must: |
|
(1) contain a statement in the following form: |
|
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE |
|
"The (name of school district) will hold a public meeting at |
|
(time, date, year) in (name of room, building, physical location, |
|
city, state). The purpose of this meeting is to discuss the school |
|
district's budget that will determine the tax rate that will be |
|
adopted. Public participation in the discussion is invited." The |
|
statement of the purpose of the meeting must be in bold type. In |
|
reduced type, the notice must state: "The tax rate that is |
|
ultimately adopted at this meeting or at a separate meeting at a |
|
later date may not exceed the proposed rate shown below unless the |
|
district publishes a revised notice containing the same information |
|
and comparisons set out below and holds another public meeting to |
|
discuss the revised notice."; |
|
(2) contain a section entitled "Comparison of Proposed |
|
Budget with Last Year's Budget," which must show the difference, |
|
expressed as a percent increase or decrease, as applicable, in the |
|
amounts budgeted for the preceding fiscal year and the amount |
|
budgeted for the fiscal year that begins in the current tax year for |
|
each of the following: |
|
(A) maintenance and operations; |
|
(B) enrichment; |
|
(C) debt service; and |
|
(D) [(C)] total expenditures; |
|
(3) contain a section entitled "Total Appraised Value |
|
and Total Taxable Value," which must show the total appraised value |
|
and the total taxable value of all property and the total appraised |
|
value and the total taxable value of new property taxable by the |
|
district in the preceding tax year and the current tax year as |
|
calculated under Section 26.04, Tax Code; |
|
(4) contain a statement of the total amount of the |
|
outstanding and unpaid bonded indebtedness of the school district; |
|
(5) contain a section entitled "Comparison of Proposed |
|
Rates with Last Year's Rates," which must: |
|
(A) show in rows the tax rates described by |
|
Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of |
|
property, for columns entitled "Enrichment [Maintenance &
|
|
Operations]," "Interest & Sinking Fund," and "Total," which is the |
|
sum of "Enrichment [Maintenance & Operations]" and "Interest & |
|
Sinking Fund": |
|
(i) the school district's "Last Year's |
|
Rate"; |
|
(ii) the "Rate to Maintain Same Level of |
|
Enrichment [Maintenance & Operations] Revenue & Pay Debt Service," |
|
which: |
|
(a) in the case of "Enrichment |
|
[Maintenance & Operations]," is the tax rate that, when applied to |
|
the current taxable value for the district, as certified by the |
|
chief appraiser under Section 26.01, Tax Code, and as adjusted to |
|
reflect changes made by the chief appraiser as of the time the |
|
notice is prepared, would impose taxes in an amount that, when added |
|
to state funds to be distributed to the district under Subchapter F, |
|
Chapter 42, would provide the same amount of enrichment |
|
[maintenance and operations] taxes and state funds distributed |
|
under Subchapter F, Chapter 42, per student in average daily |
|
attendance for the applicable school year that was available to the |
|
district in the preceding school year; and |
|
(b) in the case of "Interest & Sinking |
|
Fund," is the tax rate that, when applied to the current taxable |
|
value for the district, as certified by the chief appraiser under |
|
Section 26.01, Tax Code, and as adjusted to reflect changes made by |
|
the chief appraiser as of the time the notice is prepared, and when |
|
multiplied by the district's anticipated collection rate, would |
|
impose taxes in an amount that, when added to state funds to be |
|
distributed to the district under Chapter 46 and any excess taxes |
|
collected to service the district's debt during the preceding tax |
|
year but not used for that purpose during that year, would provide |
|
the amount required to service the district's debt; and |
|
(iii) the "Proposed Rate"; |
|
(B) contain fourth and fifth columns aligned with |
|
the columns required by Paragraph (A) that show, for each row |
|
required by Paragraph (A): |
|
(i) the "Local Enrichment Revenue per |
|
Student," which is computed by multiplying the district's total |
|
taxable value of property, as certified by the chief appraiser for |
|
the applicable school year under Section 26.01, Tax Code, and as |
|
adjusted to reflect changes made by the chief appraiser as of the |
|
time the notice is prepared, by the total enrichment tax rate, and |
|
dividing the product by the number of students in average daily |
|
attendance in the district for the applicable school year; and |
|
(ii) the "State Revenue per Student," which |
|
is computed by determining the amount of state aid received or to be |
|
received by the district under Chapters 42, 43, and 46 and dividing |
|
that amount by the number of students in average daily attendance in |
|
the district for the applicable school year; and |
|
(C) contain an asterisk after each calculation |
|
for "Interest & Sinking Fund" and a footnote to the section that, in |
|
reduced type, states "The Interest & Sinking Fund tax revenue is |
|
used to pay for bonded indebtedness on construction, equipment, or |
|
both. The bonds, and the tax rate necessary to pay those bonds, |
|
were approved by the voters of this district."; |
|
(6) contain a section entitled "Comparison of Proposed |
|
Levy with Last Year's Levy on Average Residence," which must: |
|
(A) show in rows the information described by |
|
Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns |
|
entitled "Last Year" and "This Year": |
|
(i) "Average Market Value of Residences," |
|
determined using the same group of residences for each year; |
|
(ii) "Average Taxable Value of Residences," |
|
determined after taking into account the limitation on the |
|
appraised value of residences under Section 23.23, Tax Code, and |
|
after subtracting all homestead exemptions applicable in each year, |
|
other than exemptions available only to disabled persons or persons |
|
65 years of age or older or their surviving spouses, and using the |
|
same group of residences for each year; |
|
(iii) "Last Year's Rate Versus Proposed |
|
Rate per $100 Value"; and |
|
(iv) "Taxes Due on Average Residence," |
|
determined using the same group of residences for each year; and |
|
(B) contain the following |
|
information: "Increase (Decrease) in Taxes" expressed in dollars |
|
and cents, which is computed by subtracting the "Taxes Due on |
|
Average Residence" for the preceding tax year from the "Taxes Due on |
|
Average Residence" for the current tax year; |
|
(7) contain the following statement in bold |
|
print: "Under state law, the dollar amount of school taxes imposed |
|
on the residence of a person 65 years of age or older or of the |
|
surviving spouse of such a person, if the surviving spouse was 55 |
|
years of age or older when the person died, may not be increased |
|
above the amount paid in the first year after the person turned 65, |
|
regardless of changes in tax rate or property value."; |
|
(8) contain the following statement in bold |
|
print: "Notice of Rollback Rate: The highest tax rate the |
|
district can adopt before requiring voter approval at an election |
|
is (the school district rollback rate determined under Section |
|
26.08, Tax Code). This election will be automatically held if the |
|
district adopts a rate in excess of the rollback rate of (the school |
|
district rollback rate)."; and |
|
(9) contain a section entitled "Fund Balances," which |
|
must include the estimated amount of interest and sinking fund |
|
balances and the estimated amount of maintenance and operation or |
|
general fund balances remaining at the end of the current fiscal |
|
year that are not encumbered with or by corresponding debt |
|
obligation, less estimated funds necessary for the operation of the |
|
district before the receipt of the first payment under Chapter 42 in |
|
the succeeding school year. |
|
(c-1) The notice described by Subsection (c) must state in a |
|
distinct row or on a separate or individual line for each of the |
|
following taxes: |
|
(1) the proposed rate of the school district's |
|
enrichment [maintenance] tax described by Section 45.003, under the |
|
heading "Enrichment [Maintenance] Tax"; and |
|
(2) if the school district has issued ad valorem tax |
|
bonds under Section 45.001, the proposed rate of the tax to pay for |
|
the bonds, under the heading "School Debt Service Tax Approved by |
|
Local Voters." |
|
SECTION 2.31. Section 45.002, Education Code, is amended to |
|
read as follows: |
|
Sec. 45.002. ENRICHMENT [MAINTENANCE] TAXES. The governing |
|
board of an independent school district, including the city council |
|
or commission that has jurisdiction over a municipally controlled |
|
independent school district, the governing board of a rural high |
|
school district, and the commissioners court of a county, on behalf |
|
of each common school district under its jurisdiction, may levy, |
|
assess, and collect annual ad valorem taxes for the purpose of |
|
providing an enriched educational program [further maintenance of
|
|
public schools] in the district, subject to Section 45.003. |
|
SECTION 2.32. Section 45.003(d), Education Code, is amended |
|
to read as follows: |
|
(d) A proposition submitted to authorize the levy of |
|
enrichment [maintenance] taxes must include the question of whether |
|
the governing board or commissioners court may levy, assess, and |
|
collect annual ad valorem enrichment taxes [for the further
|
|
maintenance of public schools,] at a rate not to exceed the rate |
|
stated in the proposition. For any year, the enrichment |
|
[maintenance] tax rate per $100 of taxable value adopted by the |
|
district may not exceed the rate [equal to the sum] of $0.17 [and
|
|
the product of the state compression percentage,
|
|
as
determined
under Section 42.2516, multiplied by $1.50]. |
|
SECTION 2.33. Section 45.104(a), Education Code, is amended |
|
to read as follows: |
|
(a) The board of trustees of any school district may pledge |
|
its delinquent taxes levied for enrichment [maintenance] purposes |
|
for specific past, current, and future school years as security for |
|
a loan, and may evidence any such loan with negotiable notes, and |
|
the delinquent taxes pledged shall be applied against the principal |
|
and interest of the loan. Negotiable notes issued under this |
|
subsection must mature not more than 20 years from their date. |
|
SECTION 2.34. Section 45.108(a), Education Code, is amended |
|
to read as follows: |
|
(a) Independent or consolidated school districts may borrow |
|
money for the purpose of paying maintenance expenses and may |
|
evidence those loans with negotiable notes, except that the loans |
|
may not at any time exceed 75 percent of the previous year's income. |
|
The notes may be payable from and secured by a lien on and pledge of |
|
any available funds of the district, including proceeds of an |
|
enrichment [a maintenance] tax. The term "maintenance expenses" or |
|
"maintenance expenditures" as used in this section means any lawful |
|
expenditure of the school district other than payment of principal |
|
of and interest on bonds. The term includes all costs incurred in |
|
connection with environmental cleanup and asbestos cleanup and |
|
removal programs implemented by school districts or in connection |
|
with the maintenance, repair, rehabilitation, or replacement of |
|
heating, air conditioning, water, sanitation, roofing, flooring, |
|
electric, or other building systems of existing school properties. |
|
Notes issued pursuant to this section may be issued to mature in not |
|
more than 20 years from their date. Notes issued for a term longer |
|
than one year must be treated as "debt" as defined in Section |
|
26.012(7), Tax Code. |
|
SECTION 2.35. Sections 45.109(c) and (d), Education Code, |
|
are amended to read as follows: |
|
(c) The consideration for a contract under this section may |
|
be paid from any source available to the independent school |
|
district. If voted as provided by this section, the district may |
|
pledge to the payment of the contract an annual enrichment |
|
[maintenance] tax in an amount sufficient, without limitation, to |
|
provide all of the consideration. If voted and pledged, the |
|
enrichment [maintenance] tax shall be assessed, levied, and |
|
collected annually in the same manner as provided by general law |
|
applicable to independent school districts for other enrichment |
|
[maintenance] taxes. |
|
(d) An enrichment [A maintenance] tax may not be pledged to |
|
the payment of any contract under this section or assessed, levied, |
|
or collected unless an election is held in the district and the |
|
enrichment [maintenance] tax is favorably voted by a majority of |
|
the qualified voters of the district voting at the election. The |
|
election order for an election under this subsection must include |
|
the polling place or places and any other matters considered |
|
advisable by the board of trustees. |
|
SECTION 2.36. Section 45.111(b), Education Code, is amended |
|
to read as follows: |
|
(b) The governing body of the district shall provide for the |
|
payment of the certificates issued under this section by |
|
appropriating and pledging local school funds derived from |
|
enrichment [maintenance] taxes levied and assessed under Section |
|
[Sections] 45.002 and maintenance taxes levied and assessed under |
|
Section 130.122; Chapter 273, Acts of the 53rd Legislature, |
|
Regular Session, 1953 (Article 2784g, Vernon's Texas Civil |
|
Statutes); or other similar law that limits the amount of tax that |
|
may be levied for enrichment or maintenance purposes, as |
|
distinguished from bond requirements. The appropriation and pledge |
|
may be in the nature of a continuing irrevocable pledge to apply the |
|
first moneys collected annually from the tax levy to the payment of |
|
the obligations or by the irrevocable present levy and |
|
appropriation of the amount of the enrichment or maintenance tax |
|
required to meet the annual debt service requirements of the |
|
obligations, in which event the governing body shall covenant to |
|
annually set aside the amount in the annual tax levy, showing the |
|
same is a portion of the enrichment or maintenance tax. The |
|
governing body shall annually budget the amount required to pay the |
|
principal and interest of the obligations that may be scheduled to |
|
become due in any fiscal year. This section may not be construed as |
|
permitting the levy of an enrichment or [a] maintenance tax in |
|
excess of the amount approved by the qualified voters of the |
|
district. |
|
SECTION 2.37. Section 45.156(c), Education Code, is amended |
|
to read as follows: |
|
(c) The consideration payable by the district under a |
|
contract may be paid from any source available to the district. If |
|
voted, the district may pledge to the payment of the contract an |
|
annual enrichment [maintenance] tax in an amount sufficient, |
|
without limitation, to provide all or part of the consideration. If |
|
voted and pledged, the enrichment [maintenance] tax shall be |
|
assessed, levied, and collected annually in the same manner as |
|
provided by general law applicable to independent school districts |
|
for other enrichment [maintenance] taxes. An enrichment [A
|
|
maintenance] tax may not be pledged to the payment of any contract |
|
or assessed, levied, or collected unless an election is held in the |
|
district, and the enrichment [maintenance] tax for that purpose is |
|
favorably voted by a majority of the qualified voters of the |
|
district. The election order for an election under this subsection |
|
must include the polling place or places and any other matters |
|
considered advisable by the board of trustees. |
|
SECTION 2.38. Section 45.251(2), Education Code, is amended |
|
to read as follows: |
|
(2) "Foundation School Program" means the program |
|
established under Chapters [41,] 42[,] and 46, or any successor |
|
program of state appropriated funding for school districts in this |
|
state. |
|
SECTION 2.39. Section 45.261(a), Education Code, is amended |
|
to read as follows: |
|
(a) If the commissioner orders payment from the money |
|
appropriated to the Foundation School Program on behalf of a school |
|
district [that is not required to reduce its wealth per student
|
|
under Chapter 41], the commissioner shall direct the comptroller to |
|
withhold the amount paid from the first state money payable to the |
|
district. [If the commissioner orders payment from the money
|
|
appropriated to the Foundation School Program on behalf of a school
|
|
district that is required to reduce its wealth per student under
|
|
Chapter 41, the commissioner shall increase amounts due from the
|
|
district under that chapter in a total amount equal to the amount of
|
|
payments made on behalf of the district under this subchapter.] |
|
Amounts withheld [or received] under this subsection shall be used |
|
for the Foundation School Program. |
|
SECTION 2.40. Section 46.003(d), Education Code, is amended |
|
to read as follows: |
|
(d) The amount budgeted by a district for payment of |
|
eligible bonds may include: |
|
(1) bond taxes collected in the current school year; |
|
(2) bond taxes collected in a preceding school year in |
|
excess of the amount necessary to pay the district's share of actual |
|
debt service on bonds in that year, provided that the taxes were not |
|
used to generate other state financial assistance for the district; |
|
[or] |
|
(3) enrichment [maintenance and operations] taxes |
|
collected in the current school year or a preceding school year in |
|
excess of the amount eligible to be used to generate other state |
|
financial assistance for the district; or |
|
(4) maintenance and operations taxes collected in a |
|
preceding school year in excess of the amount eligible to be used to |
|
generate other state financial assistance for the district. |
|
SECTION 2.41. Section 46.004(a), Education Code, is amended |
|
to read as follows: |
|
(a) A district may receive state assistance in connection |
|
with a lease-purchase agreement concerning an instructional |
|
facility. For purposes of this subchapter: |
|
(1) taxes levied for purposes of enrichment |
|
[maintenance and operations] that are necessary to pay a district's |
|
share of the payments under a lease-purchase agreement for which |
|
the district receives state assistance under this subchapter are |
|
considered to be bond taxes; and |
|
(2) payments under a lease-purchase agreement are |
|
considered to be payments of principal of and interest on bonds. |
|
SECTION 2.42. Section 46.032(c), Education Code, is amended |
|
to read as follows: |
|
(c) The amount budgeted by a district for payment of |
|
eligible bonds may include: |
|
(1) bond taxes collected in the current school year; |
|
(2) bond taxes collected in a preceding school year in |
|
excess of the amount necessary to pay the district's share of actual |
|
debt service on bonds in that year, provided that the taxes were not |
|
used to generate other state financial assistance for the district; |
|
[or] |
|
(3) enrichment [maintenance and operations] taxes |
|
collected in the current school year or a preceding school year in |
|
excess of the amount eligible to be used to generate other state |
|
financial assistance for the district; or |
|
(4) maintenance and operations taxes collected in a |
|
preceding school year in excess of the amount eligible to be used to |
|
generate other state financial assistance for the district. |
|
SECTION 2.43. Section 56.208(b), Education Code, is amended |
|
to read as follows: |
|
(b) The commissioner of education shall reduce the total |
|
annual amount of foundation school fund payments made to a school |
|
district by an amount equal to [F x A, where:
|
|
[(1)
"F" is the lesser of one or the quotient of the
|
|
district's local share for the preceding school year under Section
|
|
42.252 divided by the amount of money to which the district was
|
|
entitled under Subchapters B and C, Chapter 42, for the preceding
|
|
school year; and
|
|
[(2) "A" is] the amount of state tuition credits under |
|
this subchapter applied by institutions of higher education on |
|
behalf of eligible persons who graduated from the district that has |
|
not been used to compute a previous reduction under this |
|
subsection. |
|
SECTION 2.44. Section 78.10(g), Education Code, is amended |
|
to read as follows: |
|
(g) For each student enrolled in the academy, the academy is |
|
entitled to allotments from the foundation school fund under |
|
Chapter 42 as if the academy were a school district [without a tier
|
|
one local share for purposes of Section 42.253]. If in any academic |
|
year the amount of the allotments under this subsection exceeds the |
|
amount of state funds paid to the academy in the first fiscal year |
|
of the academy's operation, the commissioner of education shall set |
|
aside from the total amount of funds to which school districts are |
|
entitled under Section 42.253(c) an amount equal to the excess |
|
amount and shall distribute that amount to the academy. After |
|
deducting the amount set aside and paid to the academy by the |
|
commissioner of education under this subsection, the commissioner |
|
of education shall reduce the amount to which each district is |
|
entitled under Section 42.253(c) in the manner described by Section |
|
42.253(h). A determination of the commissioner of education under |
|
this subsection is final and may not be appealed. |
|
SECTION 2.45. Section 87.208, Education Code, is amended to |
|
read as follows: |
|
Sec. 87.208. SEABORNE CONSERVATION CORPS. If the board of |
|
regents of The Texas A&M University System administers a program |
|
that is substantially similar to the Seaborne Conservation Corps as |
|
it was administered by the board during the 1998-1999 school year, |
|
the program is entitled, for each student enrolled, to allotments |
|
from the Foundation School Program under Chapter 42 as if the |
|
program were a school district[, except that the program has a local
|
|
share applied that is equivalent to the local fund assignment of the
|
|
school district in which the principal facilities of the program
|
|
are located]. |
|
SECTION 2.46. Section 87.505(g), Education Code, is amended |
|
to read as follows: |
|
(g) For each student enrolled in the academy, the academy is |
|
entitled to allotments from the foundation school fund under |
|
Chapter 42 as if the academy were a school district [without a tier
|
|
one local share for purposes of Section 42.253]. If in any academic |
|
year the amount of the allotments under this subsection exceeds the |
|
amount of state funds paid to the academy in the first fiscal year |
|
of the academy's operation, the commissioner of education shall set |
|
aside from the total amount of funds to which school districts are |
|
entitled under Section 42.253(c) an amount equal to the excess |
|
amount and shall distribute that amount to the academy. After |
|
deducting the amount set aside and paid to the academy by the |
|
commissioner of education under this subsection, the commissioner |
|
of education shall reduce the amount to which each district is |
|
entitled under Section 42.253(c) in the manner described by Section |
|
42.253(h). A determination of the commissioner of education under |
|
this subsection is final and may not be appealed. |
|
SECTION 2.47. Section 96.707(k), Education Code, is amended |
|
to read as follows: |
|
(k) For each student enrolled in the academy, the academy is |
|
entitled to allotments from the Foundation School Program under |
|
Chapter 42 as if the academy were a school district[, except that
|
|
the academy has a local share applied that is equivalent to the
|
|
local fund assignment of the Beaumont Independent School District]. |
|
SECTION 2.48. Section 105.301(e), Education Code, is |
|
amended to read as follows: |
|
(e) The academy is not subject to the provisions of this |
|
code, or to the rules of the Texas Education Agency, regulating |
|
public schools, except that: |
|
(1) professional employees of the academy are entitled |
|
to the limited liability of an employee under Section 22.0511, |
|
22.0512, or 22.052; |
|
(2) a student's attendance at the academy satisfies |
|
compulsory school attendance requirements; and |
|
(3) for each student enrolled, the academy is entitled |
|
to allotments from the foundation school program under Chapter 42 |
|
as if the academy were a school district [without a tier one local
|
|
share for purposes of Section 42.253]. |
|
SECTION 2.49. Section 403.302(a), Government Code, is |
|
amended to read as follows: |
|
(a) The comptroller shall conduct a study using comparable |
|
sales and generally accepted auditing and sampling techniques to |
|
determine the total taxable value of all property in each school |
|
district. The study shall determine the taxable value of all |
|
property and of each category of property in the district and the |
|
productivity value of all land that qualifies for appraisal on the |
|
basis of its productive capacity and for which the owner has applied |
|
for and received a productivity appraisal. [The comptroller shall
|
|
make appropriate adjustments in the study to account for actions
|
|
taken under Chapter 41, Education Code.] |
|
SECTION 2.50. Section 21.01, Tax Code, is amended to read as |
|
follows: |
|
Sec. 21.01. REAL PROPERTY. Real property is taxable by a |
|
taxing unit if located in the unit on January 1[, except as provided
|
|
by Chapter 41, Education Code]. |
|
SECTION 2.51. Section 21.02(a), Tax Code, is amended to |
|
read as follows: |
|
(a) Except as provided by Subsection [Subsections (b) and] |
|
(e) and by Sections 21.021, 21.04, and 21.05, tangible personal |
|
property is taxable by a taxing unit if: |
|
(1) it is located in the unit on January 1 for more |
|
than a temporary period; |
|
(2) it normally is located in the unit, even though it |
|
is outside the unit on January 1, if it is outside the unit only |
|
temporarily; |
|
(3) it normally is returned to the unit between uses |
|
elsewhere and is not located in any one place for more than a |
|
temporary period; or |
|
(4) the owner resides (for property not used for |
|
business purposes) or maintains the owner's principal place of |
|
business in this state (for property used for business purposes) in |
|
the unit and the property is taxable in this state but does not have |
|
a taxable situs pursuant to Subdivisions (1) through (3) of this |
|
subsection. |
|
SECTION 2.52. Section 26.08(n), Tax Code, is amended to |
|
read as follows: |
|
(n) For purposes of this section, the rollback tax rate of a |
|
school district [whose maintenance and operations tax rate for the
|
|
2005 tax year was $1.50 or less per $100 of taxable value] is: |
|
(1) for the 2012 [2006] tax year: |
|
(A) for a district whose maintenance and |
|
operations ad valorem tax rate for the 2011 tax year was at least $1 |
|
per $100 of taxable value, the sum of the following: |
|
(i) the rate that is equal to the greater of |
|
$0.04 per $100 of taxable value or the difference between the |
|
maintenance and operations ad valorem tax rate of the district for |
|
the 2011 tax year and the rate of $1 per $100 of taxable value; and |
|
(ii) the district's current debt rate; and |
|
(B) for a district whose maintenance and |
|
operations ad valorem tax rate for the 2011 tax year was less than |
|
$1 per $100 of taxable value, the district's current debt rate; [,
|
|
the sum of the rate that is equal to 88.67 percent of the
|
|
maintenance and operations tax rate adopted by the district for the
|
|
2005 tax year, the rate of $0.04 per $100 of taxable value, and the
|
|
district's current debt rate; and] |
|
(2) for the 2013, 2014, and 2015 [2007 and subsequent] |
|
tax years: |
|
(A) for a district described by Subdivision |
|
(1)(A), the sum of the following: |
|
(i) the rate described by Subdivision |
|
(1)(A)(i); |
|
(ii) the rate that is equal to the sum of |
|
the differences for the 2012 and each subsequent tax year between |
|
the adopted tax rate of the district for that year if the rate was |
|
approved at an election under this section and the rollback tax rate |
|
of the district for that year; and |
|
(iii) the district's current debt rate; and |
|
(B) for a district described by Subdivision |
|
(1)(B), the sum of the following: |
|
(i) the rate that is equal to the sum of the |
|
differences for the 2012 and each subsequent tax year between the |
|
adopted tax rate of the district for that year if the rate was |
|
approved at an election under this section and the rollback tax rate |
|
of the district for that year; and |
|
(ii) the district's current debt rate; and |
|
(3) for the 2016 and subsequent tax years: |
|
(A) for a district described by Subdivision |
|
(1)(A), the sum of the following: |
|
(i) the rate described by Subdivision |
|
(1)(A)(i); |
|
(ii) the rate that is equal to the sum of |
|
the differences for the 2012 and each subsequent tax year between |
|
the adopted tax rate of the district for that year if the rate was |
|
approved at an election under this section and the rollback tax rate |
|
of the district for that year; and |
|
(iii) the district's current debt rate; and |
|
(B) for a district described by Subdivision |
|
(1)(B), the sum of the following: |
|
(i) the rate that is equal to the greater of |
|
$0.04 per $100 of taxable value or the sum of the differences for |
|
the 2012 and each subsequent tax year between the adopted tax rate |
|
of the district for that year if the rate was approved at an |
|
election under this section and the rollback tax rate of the |
|
district for that year; and |
|
(ii) the district's current debt rate[, the
|
|
lesser of the following:
|
|
[(A) the sum of the following:
|
|
[(i)
the rate per $100 of taxable value that
|
|
is equal to the product of the state compression percentage, as
|
|
determined under Section 42.2516, Education Code, for the current
|
|
year and $1.50;
|
|
[(ii)
the rate of $0.04 per $100 of taxable
|
|
value;
|
|
[(iii)
the rate that is equal to the sum of
|
|
the differences for the 2006 and each subsequent tax year between
|
|
the adopted tax rate of the district for that year if the rate was
|
|
approved at an election under this section and the rollback tax rate
|
|
of the district for that year; and
|
|
[(iv) the district's current debt rate; or
|
|
[(B) the sum of the following:
|
|
[(i)
the effective maintenance and
|
|
operations tax rate of the district as computed under Subsection
|
|
(i) or (k), as applicable;
|
|
[(ii)
the rate per $100 of taxable value
|
|
that is equal to the product of the state compression percentage, as
|
|
determined under Section 42.2516, Education Code, for the current
|
|
year and $0.06; and
|
|
[(iii) the district's current debt rate]. |
|
SECTION 2.53. Section 312.210(b), Tax Code, is amended to |
|
read as follows: |
|
(b) A tax abatement agreement with the owner of real |
|
property or tangible personal property that is located in the |
|
reinvestment zone described by Subsection (a) and in a school |
|
district [that has a wealth per student that does not exceed the
|
|
equalized wealth level] must exempt from taxation: |
|
(1) the portion of the value of the property in the |
|
amount specified in the joint agreement among the municipality, |
|
county, and junior college district; and |
|
(2) an amount equal to 10 percent of the maximum |
|
portion of the value of the property that may under Section |
|
312.204(a) be otherwise exempted from taxation. |
|
ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE |
|
SECTION 3.01. (a) The following provisions of the |
|
Education Code are repealed: |
|
(1) Section 7.055(b)(34); |
|
(2) Section 8.056; |
|
(3) Sections 13.054(f) and (g); |
|
(4) Section 21.402(b); |
|
(5) Section 29.203(g); |
|
(6) Chapter 41; |
|
(7) Section 42.158(e); |
|
(8) Section 42.160(b); |
|
(9) Section 42.2516; |
|
(10) Section 42.252; |
|
(11) Section 42.2523(c); |
|
(12) Sections 42.2524(f) and (g); |
|
(13) Section 42.253(c-1); |
|
(14) Sections 42.259(a), (c), and (d); |
|
(15) Section 42.261; |
|
(16) Sections 42.302(a-2) and (f); |
|
(17) Section 42.303; and |
|
(18) Section 45.003(f). |
|
(b) Section 466.355(c), Government Code, is repealed. |
|
(c) The following provisions of the Tax Code are repealed: |
|
(1) Sections 11.26(a-2) and (a-3); |
|
(2) Sections 21.02(b) and (c); |
|
(3) Section 25.25(k); |
|
(4) Sections 26.08(i), (i-1), (j), and (o); |
|
(5) Section 26.08(p), as added by Chapter 1240 (S.B. |
|
2274), Acts of the 81st Legislature, Regular Session, 2009; |
|
(6) Section 26.08(p), as added by Chapter 1328 (H.B. |
|
3646), Acts of the 81st Legislature, Regular Session, 2009; and |
|
(7) Section 312.210(c). |
|
SECTION 3.02. (a) Sections 45.002 and 45.003, Education |
|
Code, as amended by this Act, apply beginning with the 2012 tax |
|
year. |
|
(b) The changes in law made by this Act to Sections 45.002 |
|
and 45.003, Education Code, do not affect the authority of a school |
|
district to collect and use delinquent ad valorem taxes authorized |
|
under those sections for the 2011 or an earlier tax year. |
|
SECTION 3.03. Except as otherwise provided by this Act, the |
|
changes in law made by this Act to the Education Code apply |
|
beginning with the 2012-2013 school year. |
|
SECTION 3.04. The changes in law made by this Act to Chapter |
|
41, Tax Code, apply only to a challenge or protest under that |
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chapter for which the notice is filed on or after the effective date |
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of this Act. A challenge or protest for which the notice is filed |
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before the effective date of this Act is covered by the law in |
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effect when the notice of protest was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3.05. The changes in law made by this Act apply to |
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each tax year that begins on or after January 1, 2012. The changes |
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in law do not apply to a tax year that begins before January 1, 2012, |
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and the law as it existed before January 1, 2012, is continued in |
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effect for purposes of taxes imposed in that tax year. |
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SECTION 3.06. This Act takes effect January 1, 2012, but |
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only if the constitutional amendment proposed by the 82nd |
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Legislature, Regular Session, 2011, imposing a state property tax |
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for public education, authorizing the legislature to establish for |
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purposes of that tax a limit on the maximum appraised value of a |
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residence homestead of 105 percent of the appraised value of the |
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property for the preceding tax year, prohibiting school district |
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property taxes for maintenance purposes, and authorizing school |
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district property taxes for educational enrichment is approved by |
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the voters. If that amendment is not approved by the voters, this |
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Act has no effect. |