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  By: Isaac H.B. No. 3776
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  Relating to consideration of payments made in lieu of ad valorem
  taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 41.093, Education Code, is amended by
  amending Subsection (a) and adding Subsection (b-2) to read as
  follows:
         (a)  Subject to Subsections [Subsection] (b-1) and (b-2),
  the cost of each credit is an amount equal to the greater of:
               (1)  the amount of the district's maintenance and
  operations tax revenue per student in weighted average daily
  attendance for the school year for which the contract is executed;
  or
               (2)  the amount of the statewide district average of
  maintenance and operations tax revenue per student in weighted
  average daily attendance for the school year preceding the school
  year for which the contract is executed.
         (b-2)  In this subsection, "payments in lieu of taxes" means
  amounts that are paid to a school district by the owner of property
  exempt from ad valorem taxation who receives an allocation of low
  income housing tax credits from the Texas Department of Housing and
  Community Affairs under Subchapter DD, Chapter 2306, Government
  C
  ode, in connection with development of the property.  The
  commissioner, in computing the amounts described by Subsections
  (a)(1) and (2) and determining the cost of an attendance credit,
  shall include payments in lieu of taxes as if the payments were
  maintenance and operations tax revenue.  The commissioner may adopt
  rules necessary to implement this subsection.
         SECTION 2.  This Act takes effect September 1, 2013.