88R5837 DIO-D
 
  By: Meyer H.B. No. 1749
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a limitation on the amount of school property tax
  revenue that is subject to recapture under the public school
  finance system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 49, Education Code, is
  amended by adding Section 49.1531 to read as follows:
         Sec. 49.1531.  LIMITATION ON TOTAL COST. (a)
  Notwithstanding any other provision of this chapter, a school
  district that executes an agreement to purchase attendance credit
  in an amount sufficient to reduce the district's local revenue
  level to a level that is equal to or less than the level established
  under Section 48.257:
               (1)  is entitled to retain maintenance and operations
  tax revenue sufficient to pay the district's average maintenance
  and operations costs per student in average daily attendance, as
  determined under Subsection (b) and adjusted for inflation; and
               (2)  may not be required to pay a total amount for
  attendance credit that would reduce the district's retained
  maintenance and operations tax revenue below the amount described
  by Subdivision (1).
         (b)  For purposes of Subsection (a)(1), the commissioner
  shall determine a school district's average maintenance and
  operations costs per student in average daily attendance based on
  the district's maintenance and operations expenditures per student
  in average daily attendance for the preceding three school years.
  The commissioner shall adjust a district's average costs to reflect
  inflation in a manner determined appropriate by the commissioner.
         (c)  A determination by the commissioner under this section
  is final and may not be appealed.
         (d)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 2.  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, 2023.