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A BILL TO BE ENTITLED
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AN ACT
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relating to a temporary reduction in the maximum compressed tax |
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rate of a school district and the form of the ballot proposition to |
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be used in an election to approve a tax rate adopted by a school |
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district that exceeds the district's voter-approval tax rate; |
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making appropriations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 48, Education Code, is |
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amended by adding Section 48.2555 to read as follows: |
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Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2022-2023 |
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SCHOOL YEAR. (a) Notwithstanding any other provision of this title |
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or Chapter 26, Tax Code, for the 2022-2023 school year, the |
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commissioner shall calculate the value of a school district's |
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maximum compressed tax rate by determining the district's maximum |
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compressed rate under Section 48.2551 or 48.2552(b), if applicable, |
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and reducing the tax rate determined under the applicable section |
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by the amount by which the commissioner may reduce each district's |
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maximum compressed tax rate by an equal amount using funds |
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appropriated for the purpose of reducing each district's maximum |
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compressed tax rate under this section. |
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(b) If a school district's maximum compressed tax rate as |
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calculated under Subsection (a) would be less than 90 percent of |
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another school district's maximum compressed tax rate under |
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Subsection (a), the district's maximum compressed tax rate is the |
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value at which the district's maximum compressed tax rate would be |
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equal to 90 percent of the other district's maximum compressed tax |
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rate. |
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(c) Notwithstanding any other provision of this title or |
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Chapter 26, Tax Code, for purposes of determining funding for |
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school districts for the 2022-2023 school year, a reference in any |
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of the following provisions of law to a school district's maximum |
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compressed tax rate or maximum compressed rate as determined under |
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Section 48.2551 means the maximum compressed tax rate determined |
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for the district under this section: |
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(1) Sections 13.054(f) and (f-1); |
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(2) Section 45.003(d); |
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(3) Section 45.0032(a); |
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(4) Section 48.051(a); |
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(5) Sections 48.2553(a) and (e); and |
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(6) Section 26.08(n), Tax Code. |
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(d) For purposes of Section 30.003(f-1), a reference in that |
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section to Section 48.2551 includes this section. |
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(e) Notwithstanding any other provision of this title, for |
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purposes of determining a school district's maximum compressed tax |
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rate under Section 48.2551 for the 2023-2024 school year, the |
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commissioner shall exclude the reduction in the district's maximum |
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compressed tax rate under this section for the preceding school |
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year from the value of the district's "PYMCR." |
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(f) This section expires September 1, 2024. |
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SECTION 2. Section 26.08(b), Tax Code, is amended to read as |
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follows: |
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(b) The governing body shall order that the election be held |
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in the school district on the next uniform election date prescribed |
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by Section 41.001, Election Code, that occurs after the date of the |
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election order and that allows sufficient time to comply with the |
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requirements of other law. At the election, the ballots shall be |
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prepared to permit voting for or against the proposition: |
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"Ratifying the ad valorem tax rate of ___ (insert adopted tax rate) |
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in (name of school district) for the current year, a rate that will |
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result in an increase of _____ (insert percentage increase in |
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maintenance and operations tax revenue under the adopted tax rate |
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as compared to maintenance and operations tax revenue in the |
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preceding tax year) percent in maintenance and operations tax |
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revenue for the district for the current year as compared to the |
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preceding year, which is an additional $____ (insert dollar amount |
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of increase in maintenance and operations tax revenue under the |
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adopted tax rate as compared to maintenance and operations tax |
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revenue in the preceding tax year). If the adopted tax rate is not |
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ratified, the (name of school district) may not adopt a tax rate |
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that exceeds ______ (insert the school district's voter-approval |
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tax rate)." |
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SECTION 3. In addition to other amounts appropriated to the |
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Texas Education Agency for the state fiscal year ending August 31, |
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2023, the amount of $5 billion is appropriated from federal funds |
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received by the state under the American Rescue Plan Act of 2021 |
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(Pub. L. No. 117-2) to the agency for the state fiscal year ending |
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August 31, 2023, for use in providing school district property tax |
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relief by reducing each school district's maximum compressed tax |
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rate under Section 48.2555, Education Code, as added by this Act. |
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SECTION 4. (a) Not later than June 1, 2022, the comptroller |
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of public accounts shall prepare and provide to the legislature an |
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update of the biennial revenue estimate prepared in accordance with |
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Section 49a, Article III, Texas Constitution, and provided to the |
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legislature in January 2021. The update must include the difference |
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between the estimated balance of general revenue-related funds |
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available for certification at the end of the state fiscal year |
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ending August 31, 2023, as determined under: |
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(1) the update required under this subsection; and |
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(2) the comptroller's biennial revenue estimate update |
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provided to the legislature in August 2021. |
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(b) In addition to other amounts appropriated to the Texas |
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Education Agency for the state fiscal year ending August 31, 2023, |
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an amount equal to the lesser of $4 billion or the sum of $2 billion |
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and 50 percent of the amount, if any, by which the difference |
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determined under Subsection (a) of this section exceeds $500 |
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million is appropriated from the general revenue fund to the agency |
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for the state fiscal year ending August 31, 2023, for use in |
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providing school district property tax relief by reducing each |
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school district's maximum compressed tax rate under Section |
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48.2555, Education Code, as added by this Act. |
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SECTION 5. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 6. This Act takes effect on the 91st day after the |
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last day of the legislative session. |