Bill Text: TX HB33 | 2023 | 88th Legislature 1st Special Session | Introduced
Bill Title: Relating to reducing school district maintenance and operations ad valorem taxes through the use of certain surplus state revenue.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-30 - Filed [HB33 Detail]
Download: Texas-2023-HB33-Introduced.html
By: Toth | H.B. No. 33 |
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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 [ |
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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 provision, 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), (f), and (g) to read as follows: | ||
(e) For each state fiscal biennium beginning before a | ||
determination by the commissioner of education under Section | ||
48.255(e), Education Code, the comptroller shall: | ||
(1) allocate for deposit to the credit of the fund | ||
general revenue in an amount equal to 100 percent of the amount by | ||
which the amount of general revenue received in that biennium | ||
exceeds the amount of consolidated general revenue appropriations, | ||
as defined by Section 316.001, that could be appropriated within | ||
the limit on the rate of growth of those appropriations adopted | ||
under Section 316.005 for that 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, | ||
and except as otherwise provided by this subsection, 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. If the amount of money available to be appropriated under this | ||
subsection for a state fiscal biennium exceeds the amount of school | ||
district maintenance and operations taxes the commissioner of | ||
education estimates to be payable for that biennium, the surplus | ||
amount may be appropriated for any purpose. | ||
(g) Notwithstanding any other provision of this section, | ||
for the state fiscal biennium beginning September 1, 2023, the | ||
comptroller shall allocate for deposit to the credit of the fund | ||
general revenue in an amount equal to 63 percent of the amount by | ||
which the amount of general revenue received before that biennium | ||
exceeds the amount of consolidated general revenue appropriations, | ||
as defined by Section 316.001, that could be appropriated within | ||
the limit on the rate of growth of those appropriations adopted | ||
under Section 316.005 for that biennium. | ||
SECTION 3. This Act applies beginning with the state fiscal | ||
biennium beginning September 1, 2023. | ||
SECTION 4. 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 on the 91st day after the last day of the | ||
legislative session. |