88R2397 KJE-D
 
  By: Middleton S.B. No. 1107
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reducing school district maintenance and operations ad
  valorem taxes through the use of certain surplus state revenue.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 48.255, Education Code, is amended by
  amending Subsection (b) and adding Subsections (d) and (e) to read
  as follows:
         (b)  Subject to Subsection (d), the [The] state compression
  percentage is the lower of:
               (1)  93 percent, or a lower percentage set by
  appropriation for a school year;
               (2)  the percentage determined by the following
  formula:
  SCP = PYCP X 1.025/(1 + ECPV); or
               (3)  the percentage determined under this section for
  the preceding school year.
         (d)  For each school year, the commissioner shall reduce the
  state compression percentage determined under Subsection (b) to the
  lowest percentage possible as a result of:
               (1)  money deposited to the credit of the property tax
  relief fund under Section 403.109(e), Government Code; and
               (2)  any additional money appropriated for purposes of
  this subsection.
         (e)  Notwithstanding any other law, if for any school year
  the commissioner determines under Subsection (b) or (d) that the
  state compression percentage is zero:
               (1)  a school district may not impose a tier one
  maintenance and operations tax for that school year or for any
  subsequent school year; and
               (2)  each school district is entitled to funding under
  Chapter 46 and this chapter for each school year as if the district
  had:
                     (A)  a tier one maintenance and operations tax
  rate equal to the district's maximum compressed tax rate determined
  under Section 48.2551; and
                     (B)  no local share for purposes of Section
  48.256.
         SECTION 2.  Section 403.109, Government Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  The comptroller shall:
               (1)  allocate for deposit to the credit of the fund
  general revenue in an amount equal to 90 percent of the amount by
  which the amount of general revenue received in a state fiscal
  biennium exceeds 104 percent of the total amount of general revenue
  that was received during the preceding state fiscal biennium; and
               (2)  periodically deposit to the credit of the fund the
  general revenue allocated under Subdivision (1), with the final
  deposit for that biennium to be made not later than the 90th day of
  the next state fiscal biennium.
         (f)  Notwithstanding any other provision of this section,
  money deposited to the credit of the fund under Subsection (e) may
  be appropriated only to the Texas Education Agency for use in
  providing property tax relief through reduction of the state
  compression percentage, as defined by Section 48.255, Education
  Code.
         SECTION 3.  This Act applies beginning with the state fiscal
  biennium beginning September 1, 2025.
         SECTION 4.  This Act takes effect September 1, 2023.