Bill Text: TX HB285 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to elimination of certain property taxes for school district maintenance and operations and providing public education funding through an increase in the state sales and use tax rate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-08-02 - Left pending in committee [HB285 Detail]
Download: Texas-2017-HB285-Introduced.html
85S10628 CAE/CJC-D | ||
By: Murr | H.B. No. 285 |
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relating to elimination of certain property taxes for school | ||
district maintenance and operations and providing public education | ||
funding through an increase in the state sales and use tax rate. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. PUBLIC SCHOOL FINANCE | ||
SECTION 1.01. Section 21.402(a), Education Code, as | ||
effective September 1, 2017, is amended to read as follows: | ||
(a) Except as provided by Subsection (e-1) or (f), a school | ||
district must pay each classroom teacher, full-time librarian, | ||
full-time school counselor certified under Subchapter B, or | ||
full-time school nurse not less than the minimum monthly salary, | ||
based on the employee's level of experience in addition to other | ||
factors, as determined by commissioner rule, determined by the | ||
following formula: | ||
MS = SF x FS | ||
where: | ||
"MS" is the minimum monthly salary; | ||
"SF" is the applicable salary factor specified by Subsection | ||
(c); and | ||
"FS" is the amount, as determined by the commissioner under | ||
Subsection (b), of the basic allotment as provided by Section | ||
42.101(a) or (b) [ |
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SECTION 1.02. Section 29.008(b), Education Code, is amended | ||
to read as follows: | ||
(b) Except as provided by Subsection (c), costs of an | ||
approved contract for residential placement may be paid from a | ||
combination of federal and[ |
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SECTION 1.03. Sections 29.203(b) and (g), Education Code, | ||
are amended to read as follows: | ||
(b) A school district is entitled to the allotment provided | ||
by Section 42.157 for each eligible student using a public | ||
education grant. A [ |
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adopted by the commissioner to additional state aid in an amount | ||
equal to the difference between the cost to the district of | ||
providing services to a student using a public education grant and | ||
the sum of the state aid received because of the allotment under | ||
Section 42.157 and money from the available school fund | ||
attributable to the student. | ||
(g) In this section, "guaranteed[ |
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student equal to the dollar amount guaranteed level of state and | ||
local funds per weighted student per cent of tax effort, as provided | ||
by Section 42.302, multiplied by 10,000. | ||
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SECTION 1.04. Section 42.009(b), Education Code, is amended | ||
to read as follows: | ||
(b) In making the determinations regarding funding levels | ||
required by Subsection (a), the commissioner shall: | ||
(1) make adjustments as necessary to reflect changes | ||
in a school district's enrichment [ |
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rate; and | ||
(2) [ |
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attendance in accordance with this chapter as it existed on January | ||
1, 2011. | ||
SECTION 1.05. Section 42.101(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student in average daily attendance, not | ||
including the time students spend each day in special education | ||
programs in an instructional arrangement other than mainstream or | ||
career and technology education programs, for which an additional | ||
allotment is made under Subchapter C, a district is entitled to an | ||
allotment equal to [ |
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SECTION 1.06. Section 42.251(b), Education Code, is amended | ||
to read as follows: | ||
(b) The program shall be financed by: | ||
(1) [ |
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district effort as provided by Subchapter F [ |
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(2) [ |
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accordance with law; and | ||
(3) [ |
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public school education and allocated to each district in an amount | ||
sufficient to finance the cost of each district's Foundation School | ||
Program not covered by other funds specified in this subsection. | ||
SECTION 1.07. Section 42.2521(a), Education Code, is | ||
amended to read as follows: | ||
(a) For purposes of Chapter [ |
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chapter, and to the extent money specifically authorized to be used | ||
under this section is available, the commissioner shall adjust the | ||
taxable value of property in a school district that, due to factors | ||
beyond the control of the board of trustees, experiences a rapid | ||
decline in the tax base used in calculating taxable values in excess | ||
of four percent of the tax base used in the preceding year. | ||
SECTION 1.08. Section 42.2523(a), Education Code, is | ||
amended to read as follows: | ||
(a) For purposes of Chapter [ |
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chapter, the commissioner shall adjust the taxable value of | ||
property of a school district all or part of which is located in an | ||
area declared a disaster area by the governor under Chapter 418, | ||
Government Code, as necessary to ensure that the district receives | ||
funding based as soon as possible on property values as affected by | ||
the disaster. | ||
SECTION 1.09. Sections 42.2524(c) and (d), Education Code, | ||
are amended to read as follows: | ||
(c) The commissioner may provide reimbursement under this | ||
section only if funds are available for that purpose from [ |
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(1) [ |
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including amounts appropriated for those districts for that purpose | ||
to the disaster contingency fund established under Section 418.073, | ||
Government Code; or | ||
(2) [ |
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for that purpose, based on a determination by the commissioner that | ||
the amount appropriated for the Foundation School Program, | ||
including the facilities component as provided by Chapter 46, | ||
exceeds the amount to which districts are entitled under this | ||
chapter and Chapter 46[ |
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(d) If the amount of money available for purposes of | ||
reimbursing school districts [ |
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disaster remediation costs, the commissioner shall reduce the | ||
amount of assistance provided to each of those districts | ||
proportionately. [ |
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SECTION 1.10. Sections 42.253(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) For each school year the commissioner shall determine: | ||
(1) the amount of money to which a school district is | ||
entitled under Subchapters B and C; | ||
(2) the amount of money to which a school district is | ||
entitled under Subchapter F; | ||
(3) the amount of money allocated to the district from | ||
the available school fund; and | ||
(4) [ |
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share under Section 42.302. | ||
(c) Each school district is entitled to an amount equal to | ||
the difference for that district between the sum of Subsections | ||
(a)(1) and (a)(2) and the sum of Subsections (a)(3) and[ |
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SECTION 1.11. Section 42.253(h), Education Code, as | ||
effective September 1, 2017, is amended to read as follows: | ||
(h) If the amount appropriated for the Foundation School | ||
Program for the second year of a state fiscal biennium is less than | ||
the amount to which school districts and open-enrollment charter | ||
schools are entitled for that year, the commissioner shall certify | ||
the amount of the difference to the Legislative Budget Board not | ||
later than January 1 of the second year of the state fiscal | ||
biennium. The Legislative Budget Board shall propose to the | ||
legislature that the certified amount be transferred to the | ||
foundation school fund from the economic stabilization fund and | ||
appropriated for the purpose of increases in allocations under this | ||
subsection. If the legislature fails during the regular session to | ||
enact the proposed transfer and appropriation and there are not | ||
funds available under Subsection (j), the commissioner shall adjust | ||
the total amounts due to each school district and open-enrollment | ||
charter school under this chapter [ |
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the same percentage adjustment to the total amount of state and | ||
local revenue due to the district or school under this chapter [ |
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districts and schools results in an amount equal to the total | ||
adjustment necessary. The following fiscal year,[ |
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section is increased by an amount equal to the adjustment made under | ||
this subsection[ |
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SECTION 1.12. Sections 42.2531(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) The commissioner may make adjustments to amounts due to | ||
a school district under this chapter or Chapter 46, [ |
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(b) A school district that has a major taxpayer, as | ||
determined by the commissioner, that because of a protest of the | ||
valuation of the taxpayer's property fails to pay all or a portion | ||
of the ad valorem taxes due to the district may apply to the | ||
commissioner to have the district's taxable value of property or ad | ||
valorem tax collections adjusted for purposes of this chapter or | ||
Chapter [ |
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to the extent the commissioner determines that making the | ||
adjustment will not: | ||
(1) in the fiscal year in which the adjustment is made, | ||
cause the amount to which school districts are entitled under this | ||
chapter to exceed the amount appropriated for purposes of the | ||
Foundation School Program for that year; and | ||
(2) if the adjustment is made in the first year of a | ||
state fiscal biennium, cause the amount to which school districts | ||
are entitled under this chapter for the second year of the biennium | ||
to exceed the amount appropriated for purposes of the Foundation | ||
School Program for that year. | ||
(c) The commissioner shall recover the benefit of any | ||
adjustment made under this section by making offsetting adjustments | ||
in the school district's taxable value of property or ad valorem tax | ||
collections for purposes of this chapter or Chapter [ |
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final determination of the taxable value of property that was the | ||
basis of the original adjustment, or in the second school year | ||
following the year in which the adjustment is made, whichever is | ||
earlier. | ||
SECTION 1.13. Section 42.257(b), Education Code, is amended | ||
to read as follows: | ||
(b) If the district would have received a greater amount | ||
from the foundation school fund for the applicable school year | ||
using the adjusted value, the commissioner shall add the difference | ||
to subsequent distributions to the district from the foundation | ||
school fund. [ |
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SECTION 1.14. Section 42.260(b), Education Code, as | ||
effective September 1, 2017, is amended to read as follows: | ||
(b) The amount of additional funds to which each school | ||
district or participating charter school is entitled due to the | ||
increases in formula funding made by H.B. No. 3343, Acts of the 77th | ||
Legislature, Regular Session, 2001, and any subsequent legislation | ||
amending the provisions amended by that Act that increase formula | ||
funding under [ |
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charter schools is available for purposes of Subsection (c). | ||
SECTION 1.15. Sections 42.302(a), (a-1), (a-2), (b), and | ||
(d), Education Code, are amended to read as follows: | ||
(a) Each school district is guaranteed a specified amount | ||
per weighted student in state and local funds for each cent of tax | ||
effort [ |
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The amount of state support, subject only to the maximum amount | ||
under Section 42.303, is determined by the formula: | ||
GYA = (GL X WADA X DTR X 100) - LR | ||
where: | ||
"GYA" is the guaranteed yield amount of state funds to be | ||
allocated to the district; | ||
"GL" is the dollar amount guaranteed level of state and local | ||
funds per weighted student per cent of tax effort, which is an | ||
amount described by Subsection (a-1) or a greater amount for any | ||
year provided by appropriation; | ||
"WADA" is the number of students in weighted average daily | ||
attendance, which is calculated by dividing the sum of the school | ||
district's allotments under Subchapters B and C, less any allotment | ||
to the district for transportation, any allotment under Section | ||
42.158 or 42.160, and 50 percent of the adjustment under Section | ||
42.102, by the basic allotment for the applicable year; | ||
"DTR" is the district enrichment tax rate of the school | ||
district, which is determined by subtracting the amounts specified | ||
by Subsection (b) from the total amount of enrichment [ |
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applicable school year and dividing the difference by the quotient | ||
of the district's taxable value of property as determined under | ||
Subchapter M, Chapter 403, Government Code, or, if applicable, | ||
under Section 42.2521, divided by 100; and | ||
"LR" is the local revenue, which is determined by multiplying | ||
"DTR" by the quotient of the district's taxable value of property as | ||
determined under Subchapter M, Chapter 403, Government Code, or, if | ||
applicable, under Section 42.2521, divided by 100. | ||
(a-1) For purposes of Subsection (a), the dollar amount | ||
guaranteed level of state and local funds per weighted student per | ||
cent of tax effort ("GL") for a school district is: | ||
(1) the greater of the amount of district tax revenue | ||
per weighted student per cent of tax effort that would be available | ||
to the Austin Independent School District, as determined by the | ||
commissioner in cooperation with the Legislative Budget Board, if | ||
the reduction of the limitation on tax increases as provided by | ||
Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the | ||
amount of district tax revenue per weighted student per cent of tax | ||
effort used for purposes of this subdivision in the preceding | ||
school year, for the first six cents of [ |
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enrichment [ |
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(2) $31.95, for the district's enrichment [ |
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described by Subdivision (1). | ||
(a-2) The limitation on district enrichment tax rate | ||
("DTR") under Section 42.303 does not apply to the district's | ||
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(a-1)(1). | ||
(b) In computing the district enrichment tax rate of a | ||
school district, the total amount of enrichment [ |
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the amount of[ |
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Chapter 311, Tax Code. | ||
(d) For purposes of this section, the total amount of | ||
enrichment [ |
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applicable school year by a school district with alternate tax | ||
dates, as authorized by Section 26.135, Tax Code, is the amount of | ||
enrichment taxes collected on or after January 1 of the year in | ||
which the school year begins and not later than December 31 of the | ||
same year. | ||
SECTION 1.16. Section 42.303, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.303. LIMITATION ON ENRICHMENT TAX RATE. The | ||
district enrichment tax rate ("DTR") under Section 42.302 may not | ||
exceed $0.17 [ |
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SECTION 1.17. Sections 44.004(c) and (c-1), Education Code, | ||
are amended to read as follows: | ||
(c) The notice of public meeting to discuss and adopt the | ||
budget and the proposed tax rate may not be smaller than one-quarter | ||
page of a standard-size or a tabloid-size newspaper, and the | ||
headline on the notice must be in 18-point or larger type. Subject | ||
to Subsection (d), the notice must: | ||
(1) contain a statement in the following form: | ||
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE | ||
"The (name of school district) will hold a public meeting at | ||
(time, date, year) in (name of room, building, physical location, | ||
city, state). The purpose of this meeting is to discuss the school | ||
district's budget that will determine the tax rate that will be | ||
adopted. Public participation in the discussion is invited." The | ||
statement of the purpose of the meeting must be in bold type. In | ||
reduced type, the notice must state: "The tax rate that is | ||
ultimately adopted at this meeting or at a separate meeting at a | ||
later date may not exceed the proposed rate shown below unless the | ||
district publishes a revised notice containing the same information | ||
and comparisons set out below and holds another public meeting to | ||
discuss the revised notice."; | ||
(2) contain a section entitled "Comparison of Proposed | ||
Budget with Last Year's Budget," which must show the difference, | ||
expressed as a percent increase or decrease, as applicable, in the | ||
amounts budgeted for the preceding fiscal year and the amount | ||
budgeted for the fiscal year that begins in the current tax year for | ||
each of the following: | ||
(A) enrichment [ |
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(B) debt service; and | ||
(C) total expenditures; | ||
(3) contain a section entitled "Total Appraised Value | ||
and Total Taxable Value," which must show the total appraised value | ||
and the total taxable value of all property and the total appraised | ||
value and the total taxable value of new property taxable by the | ||
district in the preceding tax year and the current tax year as | ||
calculated under Section 26.04, Tax Code; | ||
(4) contain a statement of the total amount of the | ||
outstanding and unpaid bonded indebtedness of the school district; | ||
(5) contain a section entitled "Comparison of Proposed | ||
Rates with Last Year's Rates," which must: | ||
(A) show in rows the tax rates described by | ||
Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of | ||
property, for columns entitled "Enrichment," [ |
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sum of "Enrichment" [ |
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Sinking Fund": | ||
(i) the school district's "Last Year's | ||
Rate"; | ||
(ii) the "Rate to Maintain Same Level of | ||
Enrichment [ |
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which: | ||
(a) in the case of "Enrichment," | ||
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the current taxable value for the district, as certified by the | ||
chief appraiser under Section 26.01, Tax Code, and as adjusted to | ||
reflect changes made by the chief appraiser as of the time the | ||
notice is prepared, would impose taxes in an amount that, when added | ||
to state funds to be distributed to the district under Subchapter F, | ||
Chapter 42, would provide the same amount of enrichment funds | ||
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applicable school year that was available to the district in the | ||
preceding school year; and | ||
(b) in the case of "Interest & Sinking | ||
Fund," is the tax rate that, when applied to the current taxable | ||
value for the district, as certified by the chief appraiser under | ||
Section 26.01, Tax Code, and as adjusted to reflect changes made by | ||
the chief appraiser as of the time the notice is prepared, and when | ||
multiplied by the district's anticipated collection rate, would | ||
impose taxes in an amount that, when added to state funds to be | ||
distributed to the district under Chapter 46 and any excess taxes | ||
collected to service the district's debt during the preceding tax | ||
year but not used for that purpose during that year, would provide | ||
the amount required to service the district's debt; and | ||
(iii) the "Proposed Rate"; | ||
(B) contain fourth and fifth columns aligned with | ||
the columns required by Paragraph (A) that show, for each row | ||
required by Paragraph (A): | ||
(i) the "Local Revenue per Student," which | ||
is computed by multiplying the district's total taxable value of | ||
property, as certified by the chief appraiser for the applicable | ||
school year under Section 26.01, Tax Code, and as adjusted to | ||
reflect changes made by the chief appraiser as of the time the | ||
notice is prepared, by the total tax rate, and dividing the product | ||
by the number of students in average daily attendance in the | ||
district for the applicable school year; and | ||
(ii) the "State Revenue per Student," which | ||
is computed by determining the amount of state aid received or to be | ||
received by the district under Chapters 42, 43, and 46 and dividing | ||
that amount by the number of students in average daily attendance in | ||
the district for the applicable school year; and | ||
(C) contain an asterisk after each calculation | ||
for "Interest & Sinking Fund" and a footnote to the section that, in | ||
reduced type, states "The Interest & Sinking Fund tax revenue is | ||
used to pay for bonded indebtedness on construction, equipment, or | ||
both. The bonds, and the tax rate necessary to pay those bonds, | ||
were approved by the voters of this district."; | ||
(6) contain a section entitled "Comparison of Proposed | ||
Levy with Last Year's Levy on Average Residence," which must: | ||
(A) show in rows the information described by | ||
Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns | ||
entitled "Last Year" and "This Year": | ||
(i) "Average Market Value of Residences," | ||
determined using the same group of residences for each year; | ||
(ii) "Average Taxable Value of Residences," | ||
determined after taking into account the limitation on the | ||
appraised value of residences under Section 23.23, Tax Code, and | ||
after subtracting all homestead exemptions applicable in each year, | ||
other than exemptions available only to disabled persons or persons | ||
65 years of age or older or their surviving spouses, and using the | ||
same group of residences for each year; | ||
(iii) "Last Year's Rate Versus Proposed | ||
Rate per $100 Value"; and | ||
(iv) "Taxes Due on Average Residence," | ||
determined using the same group of residences for each year; and | ||
(B) contain the following information: | ||
"Increase (Decrease) in Taxes" expressed in dollars and cents, | ||
which is computed by subtracting the "Taxes Due on Average | ||
Residence" for the preceding tax year from the "Taxes Due on Average | ||
Residence" for the current tax year; | ||
(7) contain the following statement in bold print: | ||
"Under state law, the dollar amount of school taxes imposed on the | ||
residence of a person 65 years of age or older or of the surviving | ||
spouse of such a person, if the surviving spouse was 55 years of age | ||
or older when the person died, may not be increased above the amount | ||
paid in the first year after the person turned 65, regardless of | ||
changes in tax rate or property value."; | ||
(8) contain the following statement in bold print: | ||
"Notice of Rollback Rate: The highest tax rate the district can | ||
adopt before requiring voter approval at an election is (the school | ||
district rollback rate determined under Section 26.08, Tax Code). | ||
This election will be automatically held if the district adopts a | ||
rate in excess of the rollback rate of (the school district rollback | ||
rate)."; and | ||
(9) contain a section entitled "Fund Balances," which | ||
must include the estimated amount of interest and sinking fund | ||
balances and the estimated amount of maintenance and operation or | ||
general fund balances remaining at the end of the current fiscal | ||
year that are not encumbered with or by corresponding debt | ||
obligation, less estimated funds necessary for the operation of the | ||
district before the receipt of the first payment under Chapter 42 in | ||
the succeeding school year. | ||
(c-1) The notice described by Subsection (c) must state in a | ||
distinct row or on a separate or individual line for each of the | ||
following taxes: | ||
(1) the proposed rate of the school district's | ||
enrichment [ |
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heading "Enrichment [ |
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(2) if the school district has issued ad valorem tax | ||
bonds under Section 45.001, the proposed rate of the tax to pay for | ||
the bonds, under the heading "School Debt Service Tax Approved by | ||
Local Voters." | ||
SECTION 1.18. The heading to Subchapter A, Chapter 45, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER A. TAX BONDS AND ENRICHMENT [ |
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SECTION 1.19. Section 45.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 45.002. ENRICHMENT [ |
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board of an independent school district, including the city council | ||
or commission that has jurisdiction over a municipally controlled | ||
independent school district, the governing board of a rural high | ||
school district, and the commissioners court of a county, on behalf | ||
of each common school district under its jurisdiction, may levy, | ||
assess, and collect annual ad valorem taxes for the further | ||
enrichment [ |
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to Section 45.003. | ||
SECTION 1.20. Section 45.003(d), Education Code, is amended | ||
to read as follows: | ||
(d) A proposition submitted to authorize the levy of | ||
enrichment [ |
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the governing board or commissioners court may levy, assess, and | ||
collect annual ad valorem taxes for the enrichment [ |
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stated in the proposition. For any year, the enrichment | ||
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district may not exceed the rate [ |
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SECTION 1.21. Section 45.104(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board of trustees of any school district may pledge | ||
its delinquent taxes levied for maintenance purposes for specific | ||
past[ |
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purposes for specific past, current, and future school years as | ||
security for a loan, and may evidence any such loan with negotiable | ||
notes, and the delinquent taxes pledged shall be applied against | ||
the principal and interest of the loan. Negotiable notes issued | ||
under this subsection must mature not more than 20 years from their | ||
date. | ||
SECTION 1.22. Section 45.108(a), Education Code, is amended | ||
to read as follows: | ||
(a) Independent or consolidated school districts may borrow | ||
money for the purpose of paying maintenance expenses and may | ||
evidence those loans with negotiable or nonnegotiable notes, except | ||
that the loans may not at any time exceed 75 percent of the previous | ||
year's income. The notes may be payable from and secured by a lien | ||
on and pledge of any available funds of the district, including | ||
proceeds of an enrichment [ |
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"maintenance expenses" or "maintenance expenditures" as used in | ||
this section means any lawful expenditure of the school district | ||
other than payment of principal of and interest on bonds. The term | ||
includes expenditures relating to notes issued to refund notes | ||
previously issued under this section if the refunding notes are | ||
coterminous with the refunded obligation. The term also includes | ||
all costs incurred in connection with environmental cleanup and | ||
asbestos cleanup and removal programs implemented by school | ||
districts or in connection with the maintenance, repair, | ||
rehabilitation, or replacement of heating, air conditioning, | ||
water, sanitation, roofing, flooring, electric, or other building | ||
systems of existing school properties. Notes issued pursuant to | ||
this section may be issued to mature in not more than 20 years from | ||
their date. Notes issued for a term longer than one year must be | ||
treated as "debt" as defined in Section 26.012(7), Tax Code. | ||
SECTION 1.23. Section 45.109(c), Education Code, is amended | ||
to read as follows: | ||
(c) The consideration for a contract under this section may | ||
be paid from any source available to the independent school | ||
district. [ |
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SECTION 1.24. Section 45.156(c), Education Code, is amended | ||
to read as follows: | ||
(c) The consideration payable by the district under a | ||
contract may be paid from any source available to the district. [ |
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SECTION 1.25. Section 45.261(a), Education Code, is amended | ||
to read as follows: | ||
(a) If the commissioner orders payment from the money | ||
appropriated to the Foundation School Program on behalf of a school | ||
district [ |
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withhold the amount paid from the first state money payable to the | ||
district. [ |
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Amounts withheld [ |
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for the Foundation School Program. | ||
SECTION 1.26. Section 403.302(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller shall conduct a study using comparable | ||
sales and generally accepted auditing and sampling techniques to | ||
determine the total taxable value of all property in each school | ||
district. The study shall determine the taxable value of all | ||
property and of each category of property in the district and the | ||
productivity value of all land that qualifies for appraisal on the | ||
basis of its productive capacity and for which the owner has applied | ||
for and received a productivity appraisal. [ |
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SECTION 1.27. Section 1579.251(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) The state shall assist employees of participating | ||
school districts and charter schools in the purchase of group | ||
health coverage under this chapter by providing for each covered | ||
employee the amount of $900 each state fiscal year or a greater | ||
amount as provided by the General Appropriations Act. The state | ||
contribution shall be distributed through the school finance | ||
formulas under Chapter [ |
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used by school districts and charter schools as provided by Section | ||
42.260, Education Code. | ||
SECTION 1.28. Section 21.01, Tax Code, is amended to read as | ||
follows: | ||
Sec. 21.01. REAL PROPERTY. Real property is taxable by a | ||
taxing unit if located in the unit on January 1[ |
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SECTION 1.29. Section 21.02(a), Tax Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection [ |
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(e) and by Sections 21.021, 21.04, and 21.05, tangible personal | ||
property is taxable by a taxing unit if: | ||
(1) it is located in the unit on January 1 for more | ||
than a temporary period; | ||
(2) it normally is located in the unit, even though it | ||
is outside the unit on January 1, if it is outside the unit only | ||
temporarily; | ||
(3) it normally is returned to the unit between uses | ||
elsewhere and is not located in any one place for more than a | ||
temporary period; or | ||
(4) the owner resides (for property not used for | ||
business purposes) or maintains the owner's principal place of | ||
business in this state (for property used for business purposes) in | ||
the unit and the property is taxable in this state but does not have | ||
a taxable situs pursuant to Subdivisions (1) through (3) [ |
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SECTION 1.30. Section 26.05(b), Tax Code, is amended to | ||
read as follows: | ||
(b) A taxing unit may not impose property taxes in any year | ||
until the governing body has adopted a tax rate for that year, and | ||
the annual tax rate must be set by ordinance, resolution, or order, | ||
depending on the method prescribed by law for adoption of a law by | ||
the governing body. The vote on the ordinance, resolution, or order | ||
setting the tax rate must be separate from the vote adopting the | ||
budget. For a taxing unit other than a school district, the vote on | ||
the ordinance, resolution, or order setting a tax rate that exceeds | ||
the effective tax rate must be a record vote, and at least 60 | ||
percent of the members of the governing body must vote in favor of | ||
the ordinance, resolution, or order. For a school district, the | ||
vote on the ordinance, resolution, or order setting a tax rate that | ||
exceeds the sum of the effective [ |
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rate of the district [ |
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district's current debt rate must be a record vote, and at least 60 | ||
percent of the members of the governing body must vote in favor of | ||
the ordinance, resolution, or order. A motion to adopt an | ||
ordinance, resolution, or order setting a tax rate that exceeds the | ||
effective tax rate must be made in the following form: "I move that | ||
the property tax rate be increased by the adoption of a tax rate of | ||
(specify tax rate), which is effectively a (insert percentage by | ||
which the proposed tax rate exceeds the effective tax rate) percent | ||
increase in the tax rate." If the ordinance, resolution, or order | ||
sets a tax rate that, if applied to the total taxable value, will | ||
impose an amount of taxes to fund maintenance and operation | ||
expenditures of the taxing unit that exceeds the amount of taxes | ||
imposed for that purpose in the preceding year, the taxing unit | ||
must: | ||
(1) include in the ordinance, resolution, or order in | ||
type larger than the type used in any other portion of the document: | ||
(A) the following statement: "THIS TAX RATE WILL | ||
RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S | ||
TAX RATE."; and | ||
(B) if the tax rate exceeds the effective | ||
maintenance and operations rate, the following statement: "THE TAX | ||
RATE WILL EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE | ||
TAX RATE EXCEEDS THE EFFECTIVE MAINTENANCE AND OPERATIONS RATE) | ||
PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A | ||
$100,000 HOME BY APPROXIMATELY $(Insert amount)."; and | ||
(2) include on the home page of any Internet website | ||
operated by the unit: | ||
(A) the following statement: "(Insert name of | ||
unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE | ||
AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and | ||
(B) if the tax rate exceeds the effective | ||
maintenance and operations rate, the following statement: "THE TAX | ||
RATE WILL EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE | ||
TAX RATE EXCEEDS THE EFFECTIVE MAINTENANCE AND OPERATIONS RATE) | ||
PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A | ||
$100,000 HOME BY APPROXIMATELY $(Insert amount)." | ||
SECTION 1.31. Section 312.210(b), Tax Code, is amended to | ||
read as follows: | ||
(b) A tax abatement agreement with the owner of real | ||
property or tangible personal property that is located in the | ||
reinvestment zone described by Subsection (a) and in a school | ||
district [ |
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(1) the portion of the value of the property in the | ||
amount specified in the joint agreement among the municipality, | ||
county, and junior college district; and | ||
(2) an amount equal to 10 percent of the maximum | ||
portion of the value of the property that may under Section | ||
312.204(a) be otherwise exempted from taxation. | ||
SECTION 1.32. The following provisions are repealed: | ||
(1) Section 13.054(f), Education Code; | ||
(2) Chapter 41, Education Code; | ||
(3) Sections 42.101(a-1) and (c), Education Code; | ||
(4) Section 42.158(e), Education Code; | ||
(5) Section 42.160(b), Education Code; | ||
(6) Section 42.2516, Education Code, as effective | ||
September 1, 2017; | ||
(7) Sections 42.2518 and 42.252, Education Code; | ||
(8) Section 42.2524(f), Education Code; | ||
(9) Section 42.2528(b), Education Code; | ||
(10) Section 42.262, Education Code; | ||
(11) Section 42.302(f), Education Code; | ||
(12) Section 45.003(f), Education Code; | ||
(13) Section 45.109(d), Education Code; | ||
(14) Section 45.111(b), Education Code; | ||
(15) Sections 21.02(b) and (c), Tax Code; | ||
(16) Section 25.25(k), Tax Code; | ||
(17) Section 26.08(i), Tax Code, as effective | ||
September 1, 2017; | ||
(18) Sections 26.08(n), (o), and (p), Tax Code; and | ||
(19) Section 312.210(c), Tax Code. | ||
ARTICLE 2. STATE SALES AND USE TAX INCREASE FOR PUBLIC EDUCATION | ||
SECTION 2.01. Section 151.051(b), Tax Code, is amended to | ||
read as follows: | ||
(b) The sales tax rate is 12 [ |
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price of the taxable item sold. | ||
SECTION 2.02. Section 151.801, Tax Code, is amended by | ||
amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Except for the amounts allocated under Subsections (b), | ||
(b-1), (c), and (c-2), all proceeds from the collection of the taxes | ||
imposed by this chapter shall be deposited to the credit of the | ||
general revenue fund. | ||
(b-1) Notwithstanding any other provision of this section, | ||
an amount of revenue under this chapter equal to the proceeds, other | ||
than the proceeds allocated under Subsection (b), derived from the | ||
collection of taxes imposed by this chapter attributable to the | ||
portion of the tax rate in excess of 6.25 percent of the sales price | ||
of the taxable item sold shall be deposited to the credit of the | ||
foundation school fund. | ||
SECTION 2.03. The changes in law made by this article do not | ||
affect taxes imposed before the effective date of this article, and | ||
the law in effect before that date is continued in effect for | ||
purposes of the liability for and collection of those taxes. | ||
ARTICLE 3. APPLICABILITY; EFFECTIVE DATE | ||
SECTION 3.01. (a) Chapter 42, Education Code, as amended by | ||
this Act, applies beginning with the 2019-2020 school year. | ||
(b) The repeal by this Act of Chapter 41, Education Code, | ||
does not affect the obligations of a school district under that | ||
chapter, as it existed before repeal by this Act, for the 2018-2019 | ||
school year. | ||
SECTION 3.02. This Act takes effect January 1, 2019. |