By: Lucio III H.B. No. 2765
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to property tax relief, the school facilities allotment
  and the existing debt allotment under the Foundation School
  Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.003(a), Education Code, is amended to
  read as follows:
         Sec. 46.003.  SCHOOL FACILITIES ALLOTMENT. (a) For each
  year, except as provided by Sections 46.005 and 46.006, a school
  district is guaranteed a specified amount [per student] in state
  and local funds [for each cent of tax effort, up to the maximum rate
  under Subsection (b),] to pay the principal of and interest on
  eligible bonds issued to construct, acquire, renovate, or improve
  an instructional facility. The amount of state support is
  determined by the formula:
  FYA = EBP X (1 - (DYL/FYL)
  [FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))]
  where:
         "FYA" is the guaranteed facilities yield amount of state
  funds allocated to the district for the year;
         "FYL" is the dollar amount guaranteed level of state and
  local funds per student per cent of tax effort, which is $35 or a
  greater amount for any year provided by appropriation;
         "ADA" is the greater of the number of students in average
  daily attendance, as determined under Section 42.005, in the
  district or 400;
         "EBP" ["BTR"] is the [district's bond tax rate for the
  current year, which is determined by dividing the] amount budgeted
  by the district for payment of eligible bonds [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
         "DYL" ["DPV"] is the district's yield per penny per student
  which is determined by dividing the taxable value of property as
  determined under Subchapter M, Chapter 403, Government Code, or, if
  applicable, Section 42.2521, by the product of the district's ADA
  and 10,000.
         SECTION 2.  Section 46.032(a), Education Code, is amended to
  read as follows:
         Sec. 46.032.  ALLOTMENT. (a) Each school district is
  guaranteed a specified amount per student in state and local funds
  for each cent of tax effort to pay the principal of and interest on
  eligible bonds. The amount of state support, subject only to the
  maximum amount under Section 46.034, is determined by the formula:
  EDA = EDBP X (1 - (DYL/EDGL)
  [EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))]
  where:
         "EDA" is the amount of state funds to be allocated to the
  district for assistance with existing debt;
         "EDGL" is the dollar amount guaranteed level of state and
  local funds per student per cent of tax effort, which is $35 or a
  greater amount for any year provided by appropriation;
         "ADA" is the number of students in average daily attendance,
  as determined under Section 42.005, in the district;
         "EDBP" ["EDTR"] is the [existing debt tax rate of the
  district, which is determined by dividing the] amount budgeted by
  the district for payment of eligible bonds 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
         "DYL" ["DPV"] is the district's yield per penny per student
  which is determined by dividing the taxable value of property as
  determined under Subchapter M, Chapter 403, Government Code, or, if
  applicable, Section 42.2521, by the product of the district's ADA
  and 10,000.
         SECTION 3.  Section 46.034(c), Education Code, is amended to
  read as follows:
         (c)  If the amount required to pay the principal of and
  interest on eligible bonds in a school year is less than the amount
  of payments made by the district on the bonds during the final
  school
  year of the preceding state fiscal biennium or the
  district's audited debt service collections for that school year,
  the district may not receive aid in excess of the amount that, when
  added to the district's local revenue for the school year, equals
  the amount required to pay the principal of and interest on the
  bonds.
         SECTION 4.  The following provisions of the Education Code
  are repealed:
               (1)  Sections 46.003(b), (c) and (d);
               (2)  Sections 46.032(b), (c) and (d); and
               (3)  Sections 46.034(a), (b) and (b-1).
         SECTION 5.  A school district must use all revenues derived
  from the changes to Chapter 46, Education Code, provided by this Act
  to reduce the district's tax rate for bonded indebtedness or to
  reduce the maturity of previously issued bonds. The commissioner
  shall adopt rules regarding the operation and enforcement of this
  provision.
         SECTION 6.  This Act takes effect immediately if it 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 immediate effect, this
  Act takes effect September 1, 2015.