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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 amount of school property tax |
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revenue that is subject to recapture under the public school |
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finance system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 49, Education Code, is |
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amended by adding Section 49.1531 to read as follows: |
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Sec. 49.1531. LIMITATION ON TOTAL COST. (a) |
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Notwithstanding any other provision of this chapter, a school |
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district that executes an agreement to purchase attendance credit |
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in an amount sufficient to reduce the district's local revenue |
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level to a level that is equal to or less than the level established |
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under Section 48.257: |
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(1) is entitled to retain maintenance and operations |
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tax revenue sufficient to pay the district's average maintenance |
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and operations costs per student in average daily attendance, as |
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determined under Subsection (b) and adjusted for inflation; and |
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(2) may not be required to pay a total amount for |
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attendance credit that would reduce the district's retained |
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maintenance and operations tax revenue below the amount described |
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by Subdivision (1). |
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(b) For purposes of Subsection (a)(1), the commissioner |
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shall determine a school district's average maintenance and |
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operations costs per student in average daily attendance based on |
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the district's maintenance and operations expenditures per student |
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in average daily attendance for the preceding three school years. |
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The commissioner shall adjust a district's average costs to reflect |
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inflation in a manner determined appropriate by the commissioner. |
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(c) A determination by the commissioner under this section |
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is final and may not be appealed. |
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(d) The commissioner shall adopt rules necessary to |
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implement this section. |
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SECTION 2. 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 September 1, 2023. |