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A BILL TO BE ENTITLED
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AN ACT
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relating to reducing school district maintenance and operations ad |
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valorem taxes through the use of certain surplus state revenue. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.255, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (d) and (e) to read |
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as follows: |
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(b) Subject to Subsection (d), the [The] state compression |
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percentage is the lower of: |
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(1) 93 percent, or a lower percentage set by |
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appropriation for a school year; |
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(2) the percentage determined by the following |
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formula: |
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SCP = PYCP X 1.025/(1 + ECPV); or |
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(3) the percentage determined under this section for |
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the preceding school year. |
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(d) For each school year, the commissioner shall reduce the |
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state compression percentage determined under Subsection (b) to the |
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lowest percentage possible as a result of: |
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(1) money deposited to the credit of the property tax |
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relief fund under Section 403.109(e), Government Code; and |
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(2) any additional money appropriated for purposes of |
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this subsection. |
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(e) Notwithstanding any other provision, if for any school |
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year the commissioner determines under Subsection (b) or (d) that |
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the state compression percentage is zero: |
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(1) a school district may not impose a tier one |
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maintenance and operations tax for that school year or for any |
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subsequent school year; and |
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(2) each school district is entitled to funding under |
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Chapter 46 and this chapter for each school year as if the district |
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had: |
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(A) a tier one maintenance and operations tax |
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rate equal to the district's maximum compressed tax rate determined |
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under Section 48.2551; and |
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(B) no local share for purposes of Section |
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48.256. |
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SECTION 2. Section 403.109, Government Code, is amended by |
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adding Subsections (e), (f), and (g) to read as follows: |
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(e) For each state fiscal biennium beginning before a |
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determination by the commissioner of education under Section |
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48.255(e), Education Code, the comptroller shall: |
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(1) allocate for deposit to the credit of the fund |
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general revenue in an amount equal to 100 percent of the amount by |
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which the amount of general revenue received in that biennium |
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exceeds the amount of consolidated general revenue appropriations, |
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as defined by Section 316.001, that could be appropriated within |
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the limit on the rate of growth of those appropriations adopted |
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under Section 316.005 for that biennium; and |
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(2) periodically deposit to the credit of the fund the |
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general revenue allocated under Subdivision (1), with the final |
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deposit for that biennium to be made not later than the 90th day of |
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the next state fiscal biennium. |
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(f) Notwithstanding any other provision of this section, |
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and except as otherwise provided by this subsection, money |
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deposited to the credit of the fund under Subsection (e) may be |
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appropriated only to the Texas Education Agency for use in |
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providing property tax relief through reduction of the state |
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compression percentage, as defined by Section 48.255, Education |
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Code. If the amount of money available to be appropriated under this |
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subsection for a state fiscal biennium exceeds the amount of school |
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district maintenance and operations taxes the commissioner of |
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education estimates to be payable for that biennium, the surplus |
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amount may be appropriated for any purpose. |
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(g) Notwithstanding any other provision of this section, |
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for the state fiscal biennium beginning September 1, 2023, the |
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comptroller shall allocate for deposit to the credit of the fund |
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general revenue in an amount equal to 63 percent of the amount by |
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which the amount of general revenue received before that biennium |
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exceeds the amount of consolidated general revenue appropriations, |
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as defined by Section 316.001, that could be appropriated within |
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the limit on the rate of growth of those appropriations adopted |
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under Section 316.005 for that biennium. |
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SECTION 3. This Act applies beginning with the state fiscal |
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biennium beginning September 1, 2023. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |