Bill Text: TX HB113 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a temporary reduction in the maximum compressed tax rate of a school district and the form of the ballot proposition to be used in an election to approve a tax rate adopted by a school district that exceeds the district's voter-approval tax rate; making appropriations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-09-27 - Referred to Ways & Means [HB113 Detail]
Download: Texas-2021-HB113-Introduced.html
By: Middleton | H.B. No. 113 |
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relating to a temporary reduction in the maximum compressed tax | ||
rate of a school district and the form of the ballot proposition to | ||
be used in an election to approve a tax rate adopted by a school | ||
district that exceeds the district's voter-approval tax rate; | ||
making appropriations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.2555 to read as follows: | ||
Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2022-2023 | ||
SCHOOL YEAR. (a) Notwithstanding any other provision of this title | ||
or Chapter 26, Tax Code, for the 2022-2023 school year, the | ||
commissioner shall calculate the value of a school district's | ||
maximum compressed tax rate by determining the district's maximum | ||
compressed rate under Section 48.2551 or 48.2552(b), if applicable, | ||
and reducing the tax rate determined under the applicable section | ||
by the amount by which the commissioner may reduce each district's | ||
maximum compressed tax rate by an equal amount using funds | ||
appropriated for the purpose of reducing each district's maximum | ||
compressed tax rate under this section. | ||
(b) If a school district's maximum compressed tax rate as | ||
calculated under Subsection (a) would be less than 90 percent of | ||
another school district's maximum compressed tax rate under | ||
Subsection (a), the district's maximum compressed tax rate is the | ||
value at which the district's maximum compressed tax rate would be | ||
equal to 90 percent of the other district's maximum compressed tax | ||
rate. | ||
(c) Notwithstanding any other provision of this title or | ||
Chapter 26, Tax Code, for purposes of determining funding for | ||
school districts for the 2022-2023 school year, a reference in any | ||
of the following provisions of law to a school district's maximum | ||
compressed tax rate or maximum compressed rate as determined under | ||
Section 48.2551 means the maximum compressed tax rate determined | ||
for the district under this section: | ||
(1) Sections 13.054(f) and (f-1); | ||
(2) Section 45.003(d); | ||
(3) Section 45.0032(a); | ||
(4) Section 48.051(a); | ||
(5) Sections 48.2553(a) and (e); and | ||
(6) Section 26.08(n), Tax Code. | ||
(d) For purposes of Section 30.003(f-1), a reference in that | ||
section to Section 48.2551 includes this section. | ||
(e) Notwithstanding any other provision of this title, for | ||
purposes of determining a school district's maximum compressed tax | ||
rate under Section 48.2551 for the 2023-2024 school year, the | ||
commissioner shall exclude the reduction in the district's maximum | ||
compressed tax rate under this section for the preceding school | ||
year from the value of the district's "PYMCR." | ||
(f) This section expires September 1, 2024. | ||
SECTION 2. Section 26.08(b), Tax Code, is amended to read as | ||
follows: | ||
(b) The governing body shall order that the election be held | ||
in the school district on the next uniform election date prescribed | ||
by Section 41.001, Election Code, that occurs after the date of the | ||
election order and that allows sufficient time to comply with the | ||
requirements of other law. At the election, the ballots shall be | ||
prepared to permit voting for or against the proposition: | ||
"Ratifying the ad valorem tax rate of ___ (insert adopted tax rate) | ||
in (name of school district) for the current year, a rate that will | ||
result in an increase of _____ (insert percentage increase in | ||
maintenance and operations tax revenue under the adopted tax rate | ||
as compared to maintenance and operations tax revenue in the | ||
preceding tax year) percent in maintenance and operations tax | ||
revenue for the district for the current year as compared to the | ||
preceding year, which is an additional $____ (insert dollar amount | ||
of increase in maintenance and operations tax revenue under the | ||
adopted tax rate as compared to maintenance and operations tax | ||
revenue in the preceding tax year). If the adopted tax rate is not | ||
ratified, the (name of school district) may not adopt a tax rate | ||
that exceeds ______ (insert the school district's voter-approval | ||
tax rate)." | ||
SECTION 3. In addition to other amounts appropriated to the | ||
Texas Education Agency for the state fiscal year ending August 31, | ||
2023, the amount of $5 billion is appropriated from federal funds | ||
received by the state under the American Rescue Plan Act of 2021 | ||
(Pub. L. No. 117-2) to the agency for the state fiscal year ending | ||
August 31, 2023, for use in providing school district property tax | ||
relief by reducing each school district's maximum compressed tax | ||
rate under Section 48.2555, Education Code, as added by this Act. | ||
SECTION 4. (a) Not later than June 1, 2022, the comptroller | ||
of public accounts shall prepare and provide to the legislature an | ||
update of the biennial revenue estimate prepared in accordance with | ||
Section 49a, Article III, Texas Constitution, and provided to the | ||
legislature in January 2021. The update must include the difference | ||
between the estimated balance of general revenue-related funds | ||
available for certification at the end of the state fiscal year | ||
ending August 31, 2023, as determined under: | ||
(1) the update required under this subsection; and | ||
(2) the comptroller's biennial revenue estimate update | ||
provided to the legislature in August 2021. | ||
(b) In addition to other amounts appropriated to the Texas | ||
Education Agency for the state fiscal year ending August 31, 2023, | ||
an amount equal to the lesser of $4 billion or the sum of $2 billion | ||
and 50 percent of the amount, if any, by which the difference | ||
determined under Subsection (a) of this section exceeds $500 | ||
million is appropriated from the general revenue fund to the agency | ||
for the state fiscal year ending August 31, 2023, for use in | ||
providing school district property tax relief by reducing each | ||
school district's maximum compressed tax rate under Section | ||
48.2555, Education Code, as added by this Act. | ||
SECTION 5. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are declared to be severable. | ||
SECTION 6. This Act takes effect on the 91st day after the | ||
last day of the legislative session. |