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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the cost of an attendance credit under |
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the public school finance system and the effect of such a limitation |
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on the calculation of the rollback tax rate of a school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.093, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (b-2) to read as |
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follows: |
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(a) Subject to Subsections [Subsection] (b-1) and (b-2), |
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the cost of each credit is an amount equal to the greater of: |
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(1) the amount of the district's maintenance and |
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operations tax revenue per student in weighted average daily |
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attendance for the school year for which the contract is executed; |
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or |
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(2) the amount of the statewide district average of |
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maintenance and operations tax revenue per student in weighted |
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average daily attendance for the school year preceding the school |
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year for which the contract is executed. |
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(b-2) The total amount required under this section for a |
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school district to purchase attendance credits necessary to reduce |
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the district's wealth per student to the equalized wealth level may |
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not exceed the total amount required to purchase necessary |
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attendance credits during the preceding school year by a percentage |
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that is greater than the percentage calculated for the district and |
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reported to the commissioner under Section 26.04(e-2), Tax Code, |
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for the current tax year. The commissioner shall compute the |
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difference between the amount the district would otherwise be |
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required to pay under this subchapter for attendance credits |
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necessary to reduce the district's wealth per student to the |
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equalized wealth level and the amount the district is required to |
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pay as limited by this subsection and certify that amount to the |
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board of trustees of the district and the officer or employee |
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designated by the board of trustees of the district to calculate the |
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rollback tax rate of the district. |
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SECTION 2. Section 26.04, Tax Code, is amended by adding |
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Subsection (e-2) to read as follows: |
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(e-2) This subsection applies only to a school district with |
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a wealth per student that exceeds the equalized wealth level, as |
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determined by the commissioner of education under Chapter 41, |
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Education Code. An officer or employee designated by the governing |
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body of the school district shall calculate the positive percentage |
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difference, if any, between the rollback tax rate of the school |
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district and the tax rate adopted by the school district for the |
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preceding tax year. For purposes of this subsection, the officer or |
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employee shall calculate the rollback tax rate of the school |
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district in accordance with Subsection (c)(2) of this section |
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instead of Section 26.08, except that the officer or employee shall |
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calculate the effective maintenance and operations rate of the |
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school district in accordance with the provisions of Section |
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26.08(i) governing the effective maintenance and operations tax |
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rate of a school district instead of the definition of the effective |
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maintenance and operations rate of a taxing unit as defined by |
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Section 26.012. By August 7 or as soon thereafter as practicable, |
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the officer or employee shall submit the percentage calculated |
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under this subsection to the governing body of the school district |
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and the commissioner of education. |
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SECTION 3. Section 26.08, Tax Code, is amended by adding |
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Subsection (q) to read as follows: |
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(q) This subsection applies only to a school district to |
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which Section 26.04(e-2) applies. The rollback tax rate of a school |
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district as otherwise calculated under this section is reduced by |
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the rate that, if applied to the total taxable value of property in |
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the school district, would generate the amount of revenue certified |
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under Section 41.093(b-2), Education Code, to the governing body of |
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the school district and the officer or employee designated by the |
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governing body of the school district to calculate the rollback tax |
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rate of the school district. |
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SECTION 4. (a) Section 41.093, Education Code, as amended |
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by this Act, applies only to the cost of an attendance credit for a |
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school year beginning in a tax year that begins on or after the |
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effective date of this Act. |
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(b) Sections 26.04 and 26.08, Tax Code, as amended by this |
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Act, apply only to the calculation of the rollback tax rate of a |
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school district for a tax year beginning on or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect January 1, 2018. |