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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 11.13, Tax
Code, is amended by amending Subsection (b) and adding Subsections (b-1)
and (n-1) to read as follows:
(b) An adult is entitled to
exemption from taxation by a school district of a portion [$15,000] of the appraised value of the
adult's residence homestead equal to 25
percent of the median market value of all residence homesteads in the state, except that only $5,000 [$10,000]
of the exemption applies [does not apply] to an entity
operating under former Chapter 17, 18, 25, 26, 27, or 28, Education Code,
as those chapters existed on May 1, 1995, as permitted by Section 11.301,
Education Code. For purposes of this
subsection, the Legislative Budget Board shall determine the median market
value of all residence homesteads in the state in each tax year on the
basis of the market value of all residence homesteads in the state in the
preceding tax year as determined by the appraisal districts in the state
and shall publish that value in the Texas Register not later than February
1.
(b-1) Notwithstanding Subsection (b), for purposes of computing the
amount of the exemption under that subsection for the 2015 tax year, the
Legislative Budget Board shall determine the median market value of all
residence homesteads in the state in the manner provided by that subsection
and publish that value in the Texas Register not later than August 1, 2015.
This subsection expires December 31, 2016.
(n-1) The governing body of a taxing unit that adopted an exemption
under Subsection (n) for the 2014 tax year may not reduce the amount of or
repeal the exemption. This subsection expires December 31, 2024.
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SECTION 1. Section 11.13(b),
Tax Code, is amended to read as follows:
(b) An adult is entitled to
exemption from taxation by a school district of $25,000 [$15,000] of the appraised value of the
adult's residence homestead, except that only $5,000 [$10,000]
of the exemption applies [does not apply] to an entity
operating under former Chapter 17, 18, 25, 26, 27, or 28, Education Code,
as those chapters existed on May 1, 1995, as permitted by Section 11.301,
Education Code.
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SECTION 2. Section 11.26(a),
Tax Code, is amended to read as follows:
(a) The tax officials shall
appraise the property to which this section applies and calculate taxes as
on other property, but if the tax so calculated exceeds the limitation
imposed by this section, the tax imposed is the amount of the tax as
limited by this section, except as otherwise provided by this section. A
school district may not increase the total annual amount of ad valorem tax
it imposes on the residence homestead of an individual 65 years of age or
older or on the residence homestead of an individual who is disabled, as
defined by Section 11.13, above the amount of the tax it imposed in the
first tax year in which the individual qualified that residence homestead
for the applicable exemption provided by Section 11.13(c) for an individual
who is 65 years of age or older or is disabled. If the individual qualified
that residence homestead for the exemption after the beginning of that
first year and the residence homestead remains eligible for the same
exemption for the next year, and if the school district taxes imposed on
the residence homestead in the next year are less than the amount of taxes
imposed in that first year, a school district may not subsequently increase
the total annual amount of ad valorem taxes it imposes on the residence
homestead above the amount it imposed in the year immediately following the
first year for which the individual qualified that residence homestead for
the same exemption, except as provided by Subsection (b). If the first tax
year the individual qualified the residence homestead for the exemption
provided by Section 11.13(c) for individuals 65 years of age or older or
disabled was a tax year before the 2015 [1997] tax year,
the amount of the limitation provided by this section is the amount of tax
the school district imposed for the 2014 [1996] tax year less
an amount equal to the amount determined by subtracting $15,000 from the amount of the exemption under Section
11.13(b) for the 2015 tax year and multiplying that amount by [$10,000 times] the tax rate of the school district
for the 2015 [1997] tax year, plus any 2015 [1997]
tax attributable to improvements made in 2014 [1996], other
than improvements made to comply with governmental regulations or repairs.
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SECTION 2. Section 11.26(a),
Tax Code, is amended to read as follows:
(a) The tax officials shall
appraise the property to which this section applies and calculate taxes as
on other property, but if the tax so calculated exceeds the limitation
imposed by this section, the tax imposed is the amount of the tax as
limited by this section, except as otherwise provided by this section. A
school district may not increase the total annual amount of ad valorem tax
it imposes on the residence homestead of an individual 65 years of age or
older or on the residence homestead of an individual who is disabled, as
defined by Section 11.13, above the amount of the tax it imposed in the
first tax year in which the individual qualified that residence homestead
for the applicable exemption provided by Section 11.13(c) for an individual
who is 65 years of age or older or is disabled. If the individual qualified
that residence homestead for the exemption after the beginning of that
first year and the residence homestead remains eligible for the same
exemption for the next year, and if the school district taxes imposed on
the residence homestead in the next year are less than the amount of taxes
imposed in that first year, a school district may not subsequently increase
the total annual amount of ad valorem taxes it imposes on the residence
homestead above the amount it imposed in the year immediately following the
first year for which the individual qualified that residence homestead for
the same exemption, except as provided by Subsection (b). If the first tax
year the individual qualified the residence homestead for the exemption
provided by Section 11.13(c) for individuals 65 years of age or older or
disabled was a tax year before the 2015 [1997] tax year,
the amount of the limitation provided by this section is the amount of tax
the school district imposed for the 2014 [1996] tax year less
an amount equal to the amount determined by multiplying $10,000 times the tax rate of the school
district for the 2015 [1997] tax year, plus any 2015 [1997]
tax attributable to improvements made in 2014 [1996], other
than improvements made to comply with governmental regulations or repairs.
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SECTION 3. Section 25.23, Tax
Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) This subsection
applies only to the appraisal records for the 2015 tax year. If the
appraisal records submitted to the appraisal review board include the
taxable value of residence homesteads or show the amount of the exemption
under Section 11.13(b) applicable to residence homesteads, the chief
appraiser shall prepare supplemental appraisal records that reflect the amount of the exemption as published by the
Legislative Budget Board under Section 11.13(b-1). This subsection
expires December 31, 2016.
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SECTION 3. Section 25.23, Tax
Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) This subsection
applies only to the appraisal records for the 2015 tax year. If the
appraisal records submitted to the appraisal review board include the
taxable value of residence homesteads or show the amount of the exemption
under Section 11.13(b) applicable to residence homesteads, the chief
appraiser shall prepare supplemental appraisal records that reflect an exemption amount under that subsection of
$25,000. This subsection expires December 31, 2016.
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SECTION 4. Section 26.04, Tax
Code, is amended by adding Subsections (a-1) and (c-1) to read as follows:
(a-1) On receipt of the
appraisal roll for the 2015 tax year, the assessor for a school district
shall determine the total taxable value of property taxable by the school
district and the taxable value of new property based on a residence
homestead exemption under Section 11.13(b) of $15,000
and an exemption under that subsection of the amount published by the Legislative
Budget Board under Section 11.13(b-1). This subsection expires
December 31, 2016.
(c-1) An officer or
employee designated by the governing body of a school district shall
calculate the effective tax rate and the rollback tax rate of the school
district for the 2015 tax year based on a residence homestead exemption
under Section 11.13(b) of $15,000 and an
exemption under that subsection of the amount published by the Legislative
Budget Board under Section 11.13(b-1). This subsection expires
December 31, 2016.
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SECTION 4. Section 26.04, Tax
Code, is amended by adding Subsections (a-1) and (c-1) to read as follows:
(a-1) On receipt of the
appraisal roll for the 2015 tax year, the assessor for a school district
shall determine the total taxable value of property taxable by the school
district and the taxable value of new property based on a residence
homestead exemption under Section 11.13(b) of $25,000.
This subsection expires December 31, 2016.
(c-1) An officer or
employee designated by the governing body of a school district shall
calculate the effective tax rate and the rollback tax rate of the school
district for the 2015 tax year based on a residence homestead exemption
under Section 11.13(b) of $25,000. This
subsection expires December 31, 2016.
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SECTION 5. Section 26.05, Tax
Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding
Subsection (a), the governing body of a taxing unit shall adopt a tax rate
for the 2015 tax year before the later of October 31, 2015, or the 60th day
after the date the certified appraisal roll is received by the taxing unit.
This subsection expires December 31, 2016.
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No
equivalent provision.
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SECTION 6. Section 31.01, Tax
Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding
Subsection (a), the assessor for a school district shall mail the tax bill
for the taxes imposed by the school district for the 2015 tax year on a
residence homestead that qualifies for a tax limitation as provided by
Section 11.26 by December 1, 2015, or as soon thereafter as practicable. This
subsection expires December 31, 2016.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 5. Section 26.09, Tax
Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) The assessor for a
school district shall calculate the amount of tax imposed by the school
district on a residence homestead for the 2015 tax year based on an
exemption under Section 11.13(b) of $15,000 and separately based on an
exemption under that subsection of $25,000. This subsection expires
December 31, 2016.
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No
equivalent provision.
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SECTION 6. Section 26.15, Tax
Code, is amended by adding Subsection (h) to read as follows:
(h) The assessor for a
school district shall correct the tax roll for the school district for the
2015 tax year to reflect the results of the election to approve the
constitutional amendment proposed by S.J.R. 1, 84th Legislature, Regular
Session, 2015. This subsection expires December 31, 2016.
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No
equivalent provision.
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SECTION 7. Section 31.01, Tax
Code, is amended by adding Subsections (d-2), (d-3), and (d-4) to read as
follows:
(d-2) This subsection and
Subsection (d-3) apply only to taxes imposed by a school district on a
residence homestead for the 2015 tax year. The assessor for the school
district shall compute the amount of taxes imposed and the other
information required by this section based on a residence homestead
exemption under Section 11.13(b) of $25,000. The tax bill or the separate
statement must indicate that the bill is a provisional tax bill and include
a statement in substantially the following form:
"If the amount of the
exemption from ad valorem taxation by a school district of a residence
homestead had not been increased by the Texas Legislature, your tax bill
would have been $____ (insert amount equal to the sum of the amount
calculated under Section 26.09(c-1) based on an exemption under Section
11.13(b) of $15,000 and the total amount of taxes imposed by the other
taxing units whose taxes are included in the bill). Because of action by
the Texas Legislature increasing the amount of the residence homestead
exemption, your tax bill has been lowered by $____ (insert difference
between amount calculated under Section 26.09(c-1) based on an exemption
under Section 11.13(b) of $15,000 and amount calculated under Section
26.09(c-1) based on an exemption under Section 11.13(b) of $25,000),
resulting in a lower tax bill of $____ (insert amount equal to the sum of
the amount calculated under Section 26.09(c-1) based on an exemption under
Section 11.13(b) of $25,000 and the total amount of taxes imposed by the
other taxing units whose taxes are included in the bill), contingent on the
approval by the voters at an election to be held November 3, 2015, of a
constitutional amendment authorizing the residence homestead exemption
increase. If the constitutional amendment is not approved by the voters at
the election, a supplemental school district tax bill in the amount of
$____ (insert difference between amount calculated under Section 26.09(c-1)
based on an exemption under Section 11.13(b) of $15,000 and amount
calculated under Section 26.09(c-1) based on an exemption under Section
11.13(b) of $25,000) will be mailed to you."
(d-3) Except as provided
by Subsections (f), (i-1), and (k), if the constitutional amendment
proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, is not
approved by the voters, the assessor for each school district shall prepare
and mail a supplemental tax bill to each person in whose name property subject
to an exemption under Section 11.13(b) is listed on the tax roll and to the
person's authorized agent in an amount equal to the difference between the
amount calculated under Section 26.09(c-1) based on an exemption under
Section 11.13(b) of $15,000 and the amount calculated under Section
26.09(c-1) based on an exemption under Section 11.13(b) of $25,000. The
assessor shall mail tax bills under this subsection by December 1 or as
soon thereafter as practicable. Except as otherwise provided by this subsection,
the provisions of this section other than Subsection (d-2) apply to a tax
bill mailed under this subsection.
(d-4) This subsection and
Subsections (d-2) and (d-3) expire December 31, 2016.
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No
equivalent provision.
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SECTION 8. Section 31.02, Tax
Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Except as provided
by Subsection (b) of this section and Sections 31.03 and 31.04, taxes for
which a supplemental tax bill is mailed under Section 31.01(d-3) are due on
receipt of the tax bill and are delinquent if not paid before March 1 of
the year following the year in which imposed. This subsection expires
December 31, 2016.
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No
equivalent provision.
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SECTION 9. Section 33.011,
Tax Code, is amended by adding Subsection (k) to read as follows:
(k) The governing body of
a school district shall waive penalties and interest on a delinquent tax
for which a supplemental tax bill is mailed under Section 31.01(d-3).
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SECTION 7. Subchapter A,
Chapter 41, Education Code, is amended.
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SECTION 10. Same as engrossed
version.
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SECTION 8. Section 41.004,
Education Code, is amended by adding Subsections (a-1), (b-1), and (c-1) to
read as follows:
(a-1) This subsection
applies only if the constitutional amendment proposed by S.J.R. 1, 84th
Legislature, Regular Session, 2015, is approved by the voters in an
election held for that purpose. As soon as practicable after receiving
revised property values that reflect adoption of the constitutional
amendment, the commissioner shall review the wealth per student of
districts in the state and revise as necessary the notifications provided
under Subsection (a) for the 2015-2016 school year.
(b-1) This subsection
applies only to a district that has not previously held an election under
this chapter and is not eligible to reduce the district's wealth per
student in the manner authorized by Section 41.0041. Notwithstanding
Subsection (b), a district that enters into an agreement to exercise an
option to reduce the district's wealth per student under Section 41.003(3),
(4), or (5) for the 2015-2016 school year may request and, as provided by
Section 41.0042(a), receive approval from the commissioner to delay the
date of the election otherwise required to be ordered before September 1. This
subsection expires September 1, 2016.
(c-1) Notwithstanding
Subsection (c), a district that receives approval from the commissioner to
delay an election as provided by Subsection (b-1) may adopt a tax rate for
the 2015 tax year before the commissioner certifies that the district has
achieved the equalized wealth level. This subsection expires September 1,
2016.
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SECTION 11. Section 41.004,
Education Code, is amended by adding Subsections (a-1), (b-1), and (c-1) to
read as follows:
(a-1) This subsection
applies only if the constitutional amendment proposed by S.J.R. 1, 84th
Legislature, Regular Session, 2015, is approved by the voters in an
election held for that purpose. As soon as practicable after receiving
revised property values that reflect adoption of the constitutional
amendment, the commissioner shall review the wealth per student of
districts in the state and revise as necessary the notifications provided
under Subsection (a) for the 2015-2016 school year. This subsection expires September 1, 2016.
(b-1) This subsection
applies only to a district that has not previously held an election under
this chapter and is not eligible to reduce the district's wealth per
student in the manner authorized by Section 41.0041. Notwithstanding
Subsection (b), a district that enters into an agreement to exercise an
option to reduce the district's wealth per student under Section 41.003(3),
(4), or (5) for the 2015-2016 school year may request and, as provided by
Section 41.0042(a), receive approval from the commissioner to delay the
date of the election otherwise required to be ordered before September 1. This
subsection expires September 1, 2016.
(c-1) Notwithstanding
Subsection (c), a district that receives approval from the commissioner to
delay an election as provided by Subsection (b-1) may adopt a tax rate for
the 2015 tax year before the commissioner certifies that the district has
achieved the equalized wealth level. This subsection expires September 1,
2016.
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SECTION 9. Subchapter A,
Chapter 41, Education Code, is amended by adding Section 41.0042 to read as
follows:
Sec. 41.0042. TRANSITIONAL
PROVISIONS: INCREASED HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a)
The commissioner shall approve a district's request under Section
41.004(b-1) to delay the date of an election required under this chapter if
the commissioner determines that the district would not have a wealth per
student that exceeds the equalized wealth level if:
(1) the constitutional
amendment proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015,
were approved by the voters; and
(2) the effect of the amendment specified in Subdivision (1) were
determined using the median market value of all residence homesteads in the
state in the 2014 tax year, as determined by the Legislative Budget Board
in accordance with Section 11.13(b-1), Tax Code.
(b) The commissioner shall
set a date by which each district that receives approval under this section
must order the election.
(c) Not later than the
2016-2017 school year, the commissioner shall order detachment and
annexation of property under Subchapter G or consolidation under Subchapter
H as necessary to achieve the equalized wealth level for a district that
receives approval under this section and subsequently:
(1) fails to hold the
election; or
(2) does not receive voter
approval at the election.
(d) This section expires
September 1, 2017.
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SECTION 12. Subchapter A,
Chapter 41, Education Code, is amended by adding Section 41.0042 to read as
follows:
Sec. 41.0042. TRANSITIONAL
PROVISIONS: INCREASED HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a)
The commissioner shall approve a district's request under Section
41.004(b-1) to delay the date of an election required under this chapter if
the commissioner determines that the district would not have a wealth per
student that exceeds the equalized wealth level if the constitutional
amendment proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015,
were approved by the voters.
(b) The commissioner shall
set a date by which each district that receives approval under this section
must order the election.
(c) Not later than the
2016-2017 school year, the commissioner shall order detachment and
annexation of property under Subchapter G or consolidation under Subchapter
H as necessary to achieve the equalized wealth level for a district that
receives approval under this section and subsequently:
(1) fails to hold the
election; or
(2) does not receive voter
approval at the election.
(d) This section expires
September 1, 2017.
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SECTION 10. Subchapter A,
Chapter 41, Education Code, is amended.
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SECTION 13. Same as engrossed
version.
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SECTION 11. Section 41.094,
Education Code, is amended.
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SECTION 14. Same as engrossed
version.
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SECTION 12. Subchapter D,
Chapter 41, Education Code, is amended.
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SECTION 15. Same as engrossed
version.
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SECTION 13. Section 41.208,
Education Code, is amended.
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SECTION 16. Same as engrossed
version.
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SECTION 14. Subchapter E,
Chapter 42, Education Code, is amended by adding Section 42.2518 to read as
follows:
Sec. 42.2518. ADDITIONAL
STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) For
the 2015-2016 and 2016-2017 school years, a school district is entitled to
additional state aid to the extent that state and local revenue under this
chapter and Chapter 41 is less than the state and local revenue that would
have been available to the district under Chapter 41 and this chapter as
those chapters existed on September 1, 2015, if the increase in the
residence homestead exemption under Section 1-b(c), Article VIII, Texas
Constitution, and the additional limitation on tax increases under Section
1-b(d) of that article in effect for the
applicable tax year as proposed by S.J.R. 1, 84th Legislature,
Regular Session, 2015, had not occurred.
(b) The lesser of the
school district's currently adopted maintenance and operations tax rate or
the adopted maintenance and operations tax rate for the 2014 tax year is
used for the purpose of determining additional state aid under this
section.
(c) Revenue from a school
district maintenance and operations tax that is levied to pay costs of a
lease-purchase agreement as described by Section 46.004 and that is
included in determining state assistance under Subchapter A, Chapter 46, is
included for the purpose of calculating state aid under this section.
(d) The commissioner,
using information provided by the comptroller and other information as
necessary, shall compute the amount of additional state aid to which a
district is entitled under this section. A determination by the
commissioner under this section is final and may not be appealed.
(e) This section expires
August 31, 2017.
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SECTION 17. Subchapter E,
Chapter 42, Education Code, is amended by adding Section 42.2518 to read as
follows:
Sec. 42.2518. ADDITIONAL
STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) For
the 2015-2016 and 2016-2017 school years, a school district is entitled to
additional state aid to the extent that state and local revenue under this
chapter and Chapter 41 is less than the state and local revenue that would
have been available to the district under Chapter 41 and this chapter as
those chapters existed on September 1, 2015, if the increase in the
residence homestead exemption under Section 1-b(c), Article VIII, Texas
Constitution, and the additional limitation on tax increases under Section
1-b(d) of that article as proposed by S.J.R. 1, 84th Legislature, Regular
Session, 2015, had not occurred.
(b) The lesser of the
school district's currently adopted maintenance and operations tax rate or
the adopted maintenance and operations tax rate for the 2014 tax year is
used for the purpose of determining additional state aid under this
section.
(c) Revenue from a school
district maintenance and operations tax that is levied to pay costs of a
lease-purchase agreement as described by Section 46.004 and that is
included in determining state assistance under Subchapter A, Chapter 46, is
included for the purpose of calculating state aid under this section.
(d) The commissioner,
using information provided by the comptroller and other information as
necessary, shall compute the amount of additional state aid to which a
district is entitled under this section. A determination by the
commissioner under this section is final and may not be appealed.
(e) This section expires
August 31, 2017.
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SECTION 15. Effective
September 1, 2017, Subchapter E, Chapter 42, Education Code, is amended by
adding Section 42.2518 to read as follows:
Sec. 42.2518. ADDITIONAL
STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) Beginning
with the 2017-2018 school year, a school district is entitled to additional
state aid to the extent that state and local revenue under this chapter and
Chapter 41 is less than the state and local revenue that would have been
available to the district under Chapter 41 and this chapter as those
chapters existed on September 1, 2015, excluding any state aid that would
have been provided under former Section 42.2516, if the increase in the
residence homestead exemption under Section 1-b(c), Article VIII, Texas
Constitution, and the additional limitation on tax increases under Section
1-b(d) of that article in effect for the
applicable tax year as proposed by S.J.R. 1, 84th Legislature,
Regular Session, 2015, had not occurred.
(b) The lesser of the
school district's currently adopted maintenance and operations tax rate or
the adopted maintenance and operations tax rate for the 2014 tax year is
used for the purpose of determining additional state aid under this
section.
(c) Revenue from a school
district maintenance and operations tax that is levied to pay costs of a
lease-purchase agreement as described by Section 46.004 and that is
included in determining state assistance under Subchapter A, Chapter 46, is
included for the purpose of calculating state aid under this section.
(d) The commissioner,
using information provided by the comptroller and other information as
necessary, shall compute the amount of additional state aid to which a
district is entitled under this section. A determination by the commissioner
under this section is final and may not be appealed.
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SECTION 18. Effective
September 1, 2017, Subchapter E, Chapter 42, Education Code, is amended by
adding Section 42.2518 to read as follows:
Sec. 42.2518. ADDITIONAL
STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) Beginning
with the 2017-2018 school year, a school district is entitled to additional
state aid to the extent that state and local revenue under this chapter and
Chapter 41 is less than the state and local revenue that would have been
available to the district under Chapter 41 and this chapter as those
chapters existed on September 1, 2015, excluding any state aid that would
have been provided under former Section 42.2516, if the increase in the
residence homestead exemption under Section 1-b(c), Article VIII, Texas
Constitution, and the additional limitation on tax increases under Section
1-b(d) of that article as proposed by S.J.R. 1, 84th Legislature, Regular
Session, 2015, had not occurred.
(b) The lesser of the
school district's currently adopted maintenance and operations tax rate or
the adopted maintenance and operations tax rate for the 2014 tax year is
used for the purpose of determining additional state aid under this
section.
(c) Revenue from a school
district maintenance and operations tax that is levied to pay costs of a
lease-purchase agreement as described by Section 46.004 and that is
included in determining state assistance under Subchapter A, Chapter 46, is
included for the purpose of calculating state aid under this section.
(d) The commissioner,
using information provided by the comptroller and other information as
necessary, shall compute the amount of additional state aid to which a
district is entitled under this section. A determination by the commissioner
under this section is final and may not be appealed.
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SECTION 16. Section 42.252,
Education Code, is amended.
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SECTION 19. Same as engrossed
version.
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SECTION 17. Section 42.302,
Education Code, is amended.
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SECTION 20. Same as engrossed
version.
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SECTION 18. Section 46.003,
Education Code, is amended.
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SECTION 21. Same as engrossed
version.
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SECTION 19. Section 46.032,
Education Code, is amended.
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SECTION 22. Same as engrossed
version.
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SECTION 20. Chapter 46,
Education Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. STATE AID
FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES
Sec. 46.071. ADDITIONAL
STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) Beginning
with the 2015-2016 school year, a school district is entitled to additional
state aid under this subchapter to the extent that state and local revenue
used to service debt eligible under this chapter is less than the state and
local revenue that would have been available to the district under this
chapter as it existed on September 1, 2015, if the increase in the
residence homestead exemption under Section 1-b(c), Article VIII, Texas
Constitution, and the additional limitation on tax increases under Section
1-b(d) of that article in effect for the
applicable tax year as proposed by S.J.R. 1, 84th Legislature,
Regular Session, 2015, had not occurred.
(b) Subject to Subsections
(c)-(e), additional state aid under this section is equal to the amount by
which the loss of local interest and sinking revenue for debt service
attributable to the increase in the residence homestead exemption under
Section 1-b(c), Article VIII, Texas Constitution, and the additional
limitation on tax increases under Section 1-b(d) of that article in effect for the applicable tax year as
proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, is not
offset by a gain in state aid under this chapter.
(c) For the purpose of
determining state aid under this section, local interest and sinking
revenue for debt service is limited to revenue required to service debt
eligible under this chapter as of September 1, 2015, including refunding of
that debt, subject to Section 46.061. The limitation imposed by Section
46.034(a) does not apply for the purpose of determining state aid under
this section.
(d) If the amount required
to pay debt service eligible under this section is less than the sum of
state and local assistance provided under this chapter, including the
amount of additional aid provided under this section, the district may not
receive aid under this section in excess of the amount that, when added to
the district's local interest and sinking revenue for debt service for the
school year, as defined by this section, and state aid under Subchapters A
and B, equals the amount required to pay the eligible debt service.
(e) The commissioner,
using information provided by the comptroller and other information as
necessary, shall compute the amount of additional state aid to which a
district is entitled under this section. A determination by the
commissioner under this section is final and may not be appealed.
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SECTION 23. Chapter 46,
Education Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. STATE AID
FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES
Sec. 46.071. ADDITIONAL
STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) Beginning
with the 2015-2016 school year, a school district is entitled to additional
state aid under this subchapter to the extent that state and local revenue
used to service debt eligible under this chapter is less than the state and
local revenue that would have been available to the district under this
chapter as it existed on September 1, 2015, if the increase in the
residence homestead exemption under Section 1-b(c), Article VIII, Texas
Constitution, and the additional limitation on tax increases under Section
1-b(d) of that article as proposed by S.J.R. 1, 84th Legislature, Regular
Session, 2015, had not occurred.
(b) Subject to Subsections
(c)-(e), additional state aid under this section is equal to the amount by
which the loss of local interest and sinking revenue for debt service
attributable to the increase in the residence homestead exemption under
Section 1-b(c), Article VIII, Texas Constitution, and the additional
limitation on tax increases under Section 1-b(d) of that article as
proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, is not
offset by a gain in state aid under this chapter.
(c) For the purpose of
determining state aid under this section, local interest and sinking
revenue for debt service is limited to revenue required to service debt
eligible under this chapter as of September 1, 2015, including refunding of
that debt, subject to Section 46.061. The limitation imposed by Section
46.034(a) does not apply for the purpose of determining state aid under
this section.
(d) If the amount required
to pay debt service eligible under this section is less than the sum of
state and local assistance provided under this chapter, including the
amount of additional aid provided under this section, the district may not
receive aid under this section in excess of the amount that, when added to
the district's local interest and sinking revenue for debt service for the
school year, as defined by this section, and state aid under Subchapters A
and B, equals the amount required to pay the eligible debt service.
(e) The commissioner,
using information provided by the comptroller and other information as
necessary, shall compute the amount of additional state aid to which a
district is entitled under this section. A determination by the
commissioner under this section is final and may not be appealed.
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SECTION 21. 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;
and
(4) a final value for each
school district computed on:
(A) the amount of the residence homestead
exemption under Section 1-b(c), Article VIII, Texas Constitution, in effect for the applicable tax year; and
(B) the effect of the
additional limitation on tax increases under Section 1-b(d), Article VIII,
Texas Constitution, as proposed by S.J.R. 1, 84th Legislature, Regular
Session, 2015.
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SECTION 24. 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;
and
(4) a final value for each
school district computed on:
(A) a residence homestead exemption under Section
1-b(c), Article VIII, Texas Constitution, of
$25,000; and
(B) the effect of the
additional limitation on tax increases under Section 1-b(d), Article VIII,
Texas Constitution, as proposed by S.J.R. 1, 84th Legislature, Regular
Session, 2015.
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SECTION 22. This Act applies
to each tax year that begins on or after
January 1, 2015.
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SECTION 25. This Act applies beginning with the 2015 tax year.
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SECTION 23. (a) Except as
provided by Subsection (b) of this section or as otherwise provided by this
Act:
(1) this Act takes effect on
the date on which the constitutional amendment proposed by S.J.R. 1, 84th
Legislature, Regular Session, 2015, takes effect; and
(2) if that amendment is not
approved by the voters, this Act has no effect.
(b) Sections 11.13(b-1), 25.23(a-1), 26.04(a-1) and
(c-1), and 31.01(a-1), Tax Code, and
Sections 41.004(a-1), (b-1), and (c-1), 41.0042, 41.0121, 41.094(a-1), and
41.0981, Education Code, as added by this Act, take effect immediately if
this Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for those sections to have
immediate effect, those sections take effect on the 91st day after the last
day of the legislative session.
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SECTION 26. (a) Except as
provided by Subsection (b) of this section or as otherwise provided by this
Act:
(1) this Act takes effect on
the date on which the constitutional amendment proposed by S.J.R. 1, 84th
Legislature, Regular Session, 2015, takes effect; and
(2) if that amendment is not
approved by the voters, this Act has no effect.
(b) Sections 25.23(a-1),
26.04(a-1) and (c-1), 26.09(c-1), 26.15(h),
31.01(d-2), (d-3), and (d-4), 31.02(a-1), and 33.011(k), Tax Code,
and Sections 41.004(a-1), (b-1), and (c-1), 41.0042, 41.0121, 41.094(a-1),
41.0981, and 41.208(a-1), Education
Code, as added by this Act, take effect immediately if this Act receives a
vote of two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not receive
the vote necessary for those sections to have immediate effect, those
sections take effect on the 91st day after the last day of the legislative
session.
(c)
Section 33.011(k), Tax Code, as added by this Act, expires December 31,
2016, if the constitutional amendment proposed by S.J.R. 1, 84th
Legislature, Regular Session, 2015, takes effect.
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