Bill Text: TX SB1 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to certain restrictions on the imposition of ad valorem taxes and to the duty of the state to reimburse certain political subdivisions for certain revenue loss; making conforming changes.
Sponsorship: Broadly Bipartisan Bill
Status: (Passed) 2015-06-15 - See remarks for effective date [SB1 Detail]
Download: Texas-2015-SB1-Enrolled.html
| S.B. No. 1 | ||
|
|
||
| relating to certain restrictions on the imposition of ad valorem | ||
| taxes and to the duty of the state to reimburse certain political | ||
| subdivisions for certain revenue loss; making conforming changes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 11.13, Tax Code, is amended by amending | ||
| Subsection (b) and adding Subsection (n-1) to read as follows: | ||
| (b) An adult is entitled to exemption from taxation by a | ||
| school district of $25,000 [ |
||
| adult's residence homestead, except that only $5,000 [ |
||
| the exemption applies [ |
||
| former Chapter 17, 18, 25, 26, 27, or 28, Education Code, as those | ||
| chapters existed on May 1, 1995, as permitted by Section 11.301, | ||
| Education Code. | ||
| (n-1) The governing body of a school district, | ||
| municipality, or county that adopted an exemption under Subsection | ||
| (n) for the 2014 tax year may not reduce the amount of or repeal the | ||
| exemption. This subsection expires December 31, 2019. | ||
| SECTION 2. Section 11.26(a), Tax Code, is amended to read as | ||
| follows: | ||
| (a) The tax officials shall appraise the property to which | ||
| this section applies and calculate taxes as on other property, but | ||
| if the tax so calculated exceeds the limitation imposed by this | ||
| section, the tax imposed is the amount of the tax as limited by this | ||
| section, except as otherwise provided by this section. A school | ||
| district may not increase the total annual amount of ad valorem tax | ||
| it imposes on the residence homestead of an individual 65 years of | ||
| age or older or on the residence homestead of an individual who is | ||
| disabled, as defined by Section 11.13, above the amount of the tax | ||
| it imposed in the first tax year in which the individual qualified | ||
| that residence homestead for the applicable exemption provided by | ||
| Section 11.13(c) for an individual who is 65 years of age or older | ||
| or is disabled. If the individual qualified that residence | ||
| homestead for the exemption after the beginning of that first year | ||
| and the residence homestead remains eligible for the same exemption | ||
| for the next year, and if the school district taxes imposed on the | ||
| residence homestead in the next year are less than the amount of | ||
| taxes imposed in that first year, a school district may not | ||
| subsequently increase the total annual amount of ad valorem taxes | ||
| it imposes on the residence homestead above the amount it imposed in | ||
| the year immediately following the first year for which the | ||
| individual qualified that residence homestead for the same | ||
| exemption, except as provided by Subsection (b). If the first tax | ||
| year the individual qualified the residence homestead for the | ||
| exemption provided by Section 11.13(c) for individuals 65 years of | ||
| age or older or disabled was a tax year before the 2015 [ |
||
| year, the amount of the limitation provided by this section is the | ||
| amount of tax the school district imposed for the 2014 [ |
||
| year less an amount equal to the amount determined by multiplying | ||
| $10,000 times the tax rate of the school district for the 2015 | ||
| [ |
||
| improvements made in 2014 [ |
||
| comply with governmental regulations or repairs. | ||
| SECTION 3. Section 25.23, Tax Code, is amended by adding | ||
| Subsection (a-1) to read as follows: | ||
| (a-1) This subsection applies only to the appraisal records | ||
| for the 2015 tax year. If the appraisal records submitted to the | ||
| appraisal review board include the taxable value of residence | ||
| homesteads or show the amount of the exemption under Section | ||
| 11.13(b) applicable to residence homesteads, the chief appraiser | ||
| shall prepare supplemental appraisal records that reflect an | ||
| exemption amount under that subsection of $25,000. This subsection | ||
| expires December 31, 2016. | ||
| SECTION 4. Section 26.04, Tax Code, is amended by adding | ||
| Subsections (a-1) and (c-1) to read as follows: | ||
| (a-1) On receipt of the appraisal roll for the 2015 tax | ||
| year, the assessor for a school district shall determine the total | ||
| taxable value of property taxable by the school district and the | ||
| taxable value of new property based on a residence homestead | ||
| exemption under Section 11.13(b) of $25,000. This subsection | ||
| expires December 31, 2016. | ||
| (c-1) An officer or employee designated by the governing | ||
| body of a school district shall calculate the effective tax rate and | ||
| the rollback tax rate of the school district for the 2015 tax year | ||
| based on a residence homestead exemption under Section 11.13(b) of | ||
| $25,000. This subsection expires December 31, 2016. | ||
| SECTION 5. Section 26.08, Tax Code, is amended by adding | ||
| Subsection (q) to read as follows: | ||
| (q) For purposes of this section, the effective maintenance | ||
| and operations tax rate and the rollback tax rate of a school | ||
| district for the 2015 tax year shall be calculated based on a | ||
| residence homestead exemption under Section 11.13(b) of $25,000. | ||
| This subsection expires December 31, 2016. | ||
| SECTION 6. Section 26.09, Tax Code, is amended by adding | ||
| Subsection (c-1) to read as follows: | ||
| (c-1) The assessor for a school district shall calculate the | ||
| amount of tax imposed by the school district on a residence | ||
| homestead for the 2015 tax year based on an exemption under Section | ||
| 11.13(b) of $15,000 and separately based on an exemption under that | ||
| subsection of $25,000. This subsection expires December 31, 2016. | ||
| SECTION 7. Section 26.15, Tax Code, is amended by adding | ||
| Subsection (h) to read as follows: | ||
| (h) The assessor for a school district shall correct the tax | ||
| roll for the school district for the 2015 tax year to reflect the | ||
| results of the election to approve the constitutional amendment | ||
| proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015. | ||
| This subsection expires December 31, 2016. | ||
| SECTION 8. Section 31.01, Tax Code, is amended by adding | ||
| Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows: | ||
| (d-2) This subsection and Subsections (d-3) and (d-4) apply | ||
| only to taxes imposed by a school district on a residence homestead | ||
| for the 2015 tax year. The assessor for the school district shall | ||
| compute the amount of taxes imposed and the other information | ||
| required by this section based on a residence homestead exemption | ||
| under Section 11.13(b) of $25,000. The tax bill or the separate | ||
| statement must indicate that the bill is a provisional tax bill and | ||
| include a statement in substantially the following form: | ||
| "If the amount of the exemption from ad valorem taxation by a | ||
| school district of a residence homestead had not been increased by | ||
| the Texas Legislature, your tax bill would have been $____ (insert | ||
| amount equal to the sum of the amount calculated under Section | ||
| 26.09(c-1) based on an exemption under Section 11.13(b) of $15,000 | ||
| and the total amount of taxes imposed by the other taxing units | ||
| whose taxes are included in the bill). Because of action by the | ||
| Texas Legislature increasing the amount of the residence homestead | ||
| exemption, your tax bill has been lowered by $____ (insert | ||
| difference between amount calculated under Section 26.09(c-1) | ||
| based on an exemption under Section 11.13(b) of $15,000 and amount | ||
| calculated under Section 26.09(c-1) based on an exemption under | ||
| Section 11.13(b) of $25,000), resulting in a lower tax bill of $____ | ||
| (insert amount equal to the sum of the amount calculated under | ||
| Section 26.09(c-1) based on an exemption under Section 11.13(b) of | ||
| $25,000 and the total amount of taxes imposed by the other taxing | ||
| units whose taxes are included in the bill), contingent on the | ||
| approval by the voters at an election to be held November 3, 2015, | ||
| of a constitutional amendment authorizing the residence homestead | ||
| exemption increase. If the constitutional amendment is not | ||
| approved by the voters at the election, a supplemental school | ||
| district tax bill in the amount of $____ (insert difference between | ||
| amount calculated under Section 26.09(c-1) based on an exemption | ||
| under Section 11.13(b) of $15,000 and amount calculated under | ||
| Section 26.09(c-1) based on an exemption under Section 11.13(b) of | ||
| $25,000) will be mailed to you." | ||
| (d-3) A tax bill prepared by the assessor for a school | ||
| district as provided by Subsection (d-2) and mailed to a person in | ||
| whose name property subject to an exemption under Section 11.13(b) | ||
| is listed on the tax roll and to the person's authorized agent as | ||
| provided by Subsection (a) of this section is considered to be a | ||
| provisional tax bill until the canvass of the votes on the | ||
| constitutional amendment proposed by S.J.R. 1, 84th Legislature, | ||
| Regular Session, 2015. If the constitutional amendment is approved | ||
| by the voters, the tax bill is considered to be a final tax bill for | ||
| the taxes imposed on the property for the 2015 tax year, and no | ||
| additional tax bill is required to be mailed to the person and to | ||
| the person's authorized agent, unless another provision of this | ||
| title requires the mailing of a corrected tax bill. If the | ||
| constitutional amendment is not approved by the voters: | ||
| (1) a tax bill prepared by the assessor for a school | ||
| district as provided by Subsection (d-2) and mailed to a person in | ||
| whose name property subject to an exemption under Section 11.13(b) | ||
| is listed on the tax roll and to the person's authorized agent as | ||
| provided by Subsection (a) of this section is considered to be a | ||
| final tax bill but only as to the portion of the taxes imposed on the | ||
| property for the 2015 tax year that are included in the bill; | ||
| (2) the amount of taxes imposed by each school | ||
| district on a residence homestead for the 2015 tax year is | ||
| calculated based on an exemption under Section 11.13(b) of $15,000; | ||
| and | ||
| (3) except as provided by Subsections (f), (i-1), and | ||
| (k), the assessor for each school district shall prepare and mail a | ||
| supplemental tax bill, by December 1 or as soon thereafter as | ||
| practicable, to each person in whose name property subject to an | ||
| exemption under Section 11.13(b) is listed on the tax roll and to | ||
| the person's authorized agent in an amount equal to the difference | ||
| between the amount calculated under Section 26.09(c-1) based on an | ||
| exemption under Section 11.13(b) of $15,000 and the amount | ||
| calculated under Section 26.09(c-1) based on an exemption under | ||
| Section 11.13(b) of $25,000. | ||
| (d-4) Except as otherwise provided by Subsection (d-3), the | ||
| provisions of this section other than Subsection (d-2) apply to a | ||
| supplemental tax bill mailed under Subsection (d-3). | ||
| (d-5) This subsection and Subsections (d-2), (d-3), and | ||
| (d-4) expire December 31, 2016. | ||
| SECTION 9. Section 31.02, Tax Code, is amended by adding | ||
| Subsection (a-1) to read as follows: | ||
| (a-1) Except as provided by Subsection (b) of this section | ||
| and Sections 31.03 and 31.04, taxes for which a supplemental tax | ||
| bill is mailed under Section 31.01(d-3) are due on receipt of the | ||
| tax bill and are delinquent if not paid before March 1 of the year | ||
| following the year in which imposed. This subsection expires | ||
| December 31, 2016. | ||
| SECTION 10. Subchapter A, Chapter 41, Education Code, is | ||
| amended by adding Section 41.0011 to read as follows: | ||
| Sec. 41.0011. COMPUTATION OF WEALTH PER STUDENT FOR | ||
| 2015-2016 SCHOOL YEAR. Notwithstanding any other provision of this | ||
| chapter, in computing a school district's wealth per student for | ||
| the 2015-2016 school year, a school district's taxable value of | ||
| property under Subchapter M, Chapter 403, Government Code, is | ||
| determined as if the increase in the residence homestead exemption | ||
| under Section 1-b(c), Article VIII, Texas Constitution, and the | ||
| additional limitation on tax increases under Section 1-b(d) of that | ||
| article in effect for the 2015 tax year as proposed by S.J.R. 1, | ||
| 84th Legislature, Regular Session, 2015, had been in effect for the | ||
| 2014 tax year. This section expires September 1, 2016. | ||
| SECTION 11. Section 41.004, Education Code, is amended by | ||
| adding Subsections (a-1), (b-1), and (c-1) to read as follows: | ||
| (a-1) This subsection applies only if the constitutional | ||
| amendment proposed by S.J.R. 1, 84th Legislature, Regular Session, | ||
| 2015, is approved by the voters in an election held for that | ||
| purpose. As soon as practicable after receiving revised property | ||
| values that reflect adoption of the constitutional amendment, the | ||
| commissioner shall review the wealth per student of districts in | ||
| the state and revise as necessary the notifications provided under | ||
| Subsection (a) for the 2015-2016 school year. This subsection | ||
| expires September 1, 2016. | ||
| (b-1) This subsection applies only to a district that has | ||
| not previously held an election under this chapter and is not | ||
| eligible to reduce the district's wealth per student in the manner | ||
| authorized by Section 41.0041. Notwithstanding Subsection (b), a | ||
| district that enters into an agreement to exercise an option to | ||
| reduce the district's wealth per student under Section 41.003(3), | ||
| (4), or (5) for the 2015-2016 school year may request and, as | ||
| provided by Section 41.0042(a), receive approval from the | ||
| commissioner to delay the date of the election otherwise required | ||
| to be ordered before September 1. This subsection expires | ||
| September 1, 2016. | ||
| (c-1) Notwithstanding Subsection (c), a district that | ||
| receives approval from the commissioner to delay an election as | ||
| provided by Subsection (b-1) may adopt a tax rate for the 2015 tax | ||
| year before the commissioner certifies that the district has | ||
| achieved the equalized wealth level. This subsection expires | ||
| September 1, 2016. | ||
| SECTION 12. Subchapter A, Chapter 41, Education Code, is | ||
| amended by adding Section 41.0042 to read as follows: | ||
| Sec. 41.0042. TRANSITIONAL PROVISIONS: INCREASED | ||
| HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) The | ||
| commissioner shall approve a district's request under Section | ||
| 41.004(b-1) to delay the date of an election required under this | ||
| chapter if the commissioner determines that the district would not | ||
| have a wealth per student that exceeds the equalized wealth level if | ||
| the constitutional amendment proposed by S.J.R. 1, 84th | ||
| Legislature, Regular Session, 2015, were approved by the voters. | ||
| (b) The commissioner shall set a date by which each district | ||
| that receives approval under this section must order the election. | ||
| (c) Not later than the 2016-2017 school year, the | ||
| commissioner shall order detachment and annexation of property | ||
| under Subchapter G or consolidation under Subchapter H as necessary | ||
| to achieve the equalized wealth level for a district that receives | ||
| approval under this section and subsequently: | ||
| (1) fails to hold the election; or | ||
| (2) does not receive voter approval at the election. | ||
| (d) This section expires September 1, 2017. | ||
| SECTION 13. Subchapter A, Chapter 41, Education Code, is | ||
| amended by adding Section 41.0121 to read as follows: | ||
| Sec. 41.0121. TRANSITIONAL ELECTION DATES. (a) This | ||
| section applies only to an election under this chapter that occurs | ||
| during the 2015-2016 school year. | ||
| (b) Section 41.012 does not apply to a district that | ||
| receives approval of a request under Section 41.0042. The district | ||
| shall hold the election on a Tuesday or Saturday on or before a date | ||
| specified by the commissioner. Section 41.001, Election Code, does | ||
| not apply to the election. | ||
| (c) This section expires September 1, 2016. | ||
| SECTION 14. Section 41.094, Education Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) Notwithstanding Subsection (a), a district that | ||
| receives approval of a request under Section 41.0042 shall pay for | ||
| credits purchased in equal monthly payments as determined by the | ||
| commissioner beginning March 15, 2016, and ending August 15, 2016. | ||
| This subsection expires September 1, 2016. | ||
| SECTION 15. Subchapter D, Chapter 41, Education Code, is | ||
| amended by adding Section 41.0981 to read as follows: | ||
| Sec. 41.0981. TRANSITIONAL EARLY AGREEMENT CREDIT. | ||
| Notwithstanding Section 41.098, a district that receives approval | ||
| of a request under Section 41.0042 may receive the early agreement | ||
| credit described by Section 41.098 for the 2015-2016 school year if | ||
| the district orders the election and obtains voter approval not | ||
| later than the date specified by the commissioner. This section | ||
| expires September 1, 2016. | ||
| SECTION 16. Section 41.208, Education Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) Notwithstanding Subsection (a), for the 2015-2016 | ||
| school year, the commissioner shall order any detachments and | ||
| annexations of property under this subchapter as soon as | ||
| practicable after the canvass of the votes on the constitutional | ||
| amendment proposed by S.J.R. 1, 84th Legislature, Regular Session, | ||
| 2015. This subsection expires September 1, 2016. | ||
| SECTION 17. Subchapter E, Chapter 42, Education Code, is | ||
| amended by adding Section 42.2518 to read as follows: | ||
| Sec. 42.2518. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION | ||
| AND LIMITATION ON TAX INCREASES. (a) For the 2015-2016 and | ||
| 2016-2017 school years, a school district is entitled to additional | ||
| state aid to the extent that state and local revenue under this | ||
| chapter and Chapter 41 is less than the state and local revenue that | ||
| would have been available to the district under Chapter 41 and this | ||
| chapter as those chapters existed on September 1, 2015, if the | ||
| increase in the residence homestead exemption under Section 1-b(c), | ||
| Article VIII, Texas Constitution, and the additional limitation on | ||
| tax increases under Section 1-b(d) of that article as proposed by | ||
| S.J.R. 1, 84th Legislature, Regular Session, 2015, had not | ||
| occurred. | ||
| (b) The lesser of the school district's currently adopted | ||
| maintenance and operations tax rate or the adopted maintenance and | ||
| operations tax rate for the 2014 tax year is used for the purpose of | ||
| determining additional state aid under this section. | ||
| (c) Revenue from a school district maintenance and | ||
| operations tax that is levied to pay costs of a lease-purchase | ||
| agreement as described by Section 46.004 and that is included in | ||
| determining state assistance under Subchapter A, Chapter 46, is | ||
| included for the purpose of calculating state aid under this | ||
| section. | ||
| (d) The commissioner, using information provided by the | ||
| comptroller and other information as necessary, shall compute the | ||
| amount of additional state aid to which a district is entitled under | ||
| this section. A determination by the commissioner under this | ||
| section is final and may not be appealed. | ||
| (e) This section expires August 31, 2017. | ||
| SECTION 18. Effective September 1, 2017, Subchapter E, | ||
| Chapter 42, Education Code, is amended by adding Section 42.2518 to | ||
| read as follows: | ||
| Sec. 42.2518. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION | ||
| AND LIMITATION ON TAX INCREASES. (a) Beginning with the 2017-2018 | ||
| school year, a school district is entitled to additional state aid | ||
| to the extent that state and local revenue under this chapter and | ||
| Chapter 41 is less than the state and local revenue that would have | ||
| been available to the district under Chapter 41 and this chapter as | ||
| those chapters existed on September 1, 2015, excluding any state | ||
| aid that would have been provided under former Section 42.2516, if | ||
| the increase in the residence homestead exemption under Section | ||
| 1-b(c), Article VIII, Texas Constitution, and the additional | ||
| limitation on tax increases under Section 1-b(d) of that article as | ||
| proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, had | ||
| not occurred. | ||
| (b) The lesser of the school district's currently adopted | ||
| maintenance and operations tax rate or the adopted maintenance and | ||
| operations tax rate for the 2014 tax year is used for the purpose of | ||
| determining additional state aid under this section. | ||
| (c) Revenue from a school district maintenance and | ||
| operations tax that is levied to pay costs of a lease-purchase | ||
| agreement as described by Section 46.004 and that is included in | ||
| determining state assistance under Subchapter A, Chapter 46, is | ||
| included for the purpose of calculating state aid under this | ||
| section. | ||
| (d) The commissioner, using information provided by the | ||
| comptroller and other information as necessary, shall compute the | ||
| amount of additional state aid to which a district is entitled under | ||
| this section. A determination by the commissioner under this | ||
| section is final and may not be appealed. | ||
| SECTION 19. Section 42.252, Education Code, is amended by | ||
| adding Subsection (e) to read as follows: | ||
| (e) Notwithstanding any other provision of this chapter, in | ||
| computing each school district's local share of program cost under | ||
| this section for the 2015-2016 school year, a school district's | ||
| taxable value of property under Subchapter M, Chapter 403, | ||
| Government Code, is determined as if the increase in the residence | ||
| homestead exemption under Section 1-b(c), Article VIII, Texas | ||
| Constitution, and the additional limitation on tax increases under | ||
| Section 1-b(d) of that article in effect for the 2015 tax year as | ||
| proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, had | ||
| been in effect for the 2014 tax year. This subsection expires | ||
| September 1, 2016. | ||
| SECTION 20. Section 42.302, Education Code, is amended by | ||
| adding Subsection (g) to read as follows: | ||
| (g) Notwithstanding any other provision of this chapter, in | ||
| computing a school district's enrichment tax rate ("DTR") and local | ||
| revenue ("LR") for the 2015-2016 school year, a school district's | ||
| taxable value of property under Subchapter M, Chapter 403, | ||
| Government Code, is determined as if the increase in the residence | ||
| homestead exemption under Section 1-b(c), Article VIII, Texas | ||
| Constitution, and the additional limitation on tax increases under | ||
| Section 1-b(d) of that article in effect for the 2015 tax year as | ||
| proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, had | ||
| been in effect for the 2014 tax year. This subsection expires | ||
| September 1, 2016. | ||
| SECTION 21. Section 46.003, Education Code, is amended by | ||
| adding Subsection (i) to read as follows: | ||
| (i) Notwithstanding any other provision of this chapter, in | ||
| computing a district's bond tax rate ("BTR") and taxable value of | ||
| property ("DPV") for the 2015-2016 school year, a school district's | ||
| taxable value of property under Subchapter M, Chapter 403, | ||
| Government Code, is determined as if the increase in the residence | ||
| homestead exemption under Section 1-b(c), Article VIII, Texas | ||
| Constitution, and the additional limitation on tax increases under | ||
| Section 1-b(d) of that article in effect for the 2015 tax year as | ||
| proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, had | ||
| been in effect for the 2014 tax year. This subsection expires | ||
| September 1, 2016. | ||
| SECTION 22. Section 46.032, Education Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) Notwithstanding any other provision of this chapter, in | ||
| computing a district's existing debt tax rate ("EDTR") and taxable | ||
| value of property ("DPV") for the 2015-2016 school year, a school | ||
| district's taxable value of property under Subchapter M, Chapter | ||
| 403, Government Code, is determined as if the increase in the | ||
| residence homestead exemption under Section 1-b(c), Article VIII, | ||
| Texas Constitution, and the additional limitation on tax increases | ||
| under Section 1-b(d) of that article in effect for the 2015 tax year | ||
| as proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, | ||
| had been in effect for the 2014 tax year. This subsection expires | ||
| September 1, 2016. | ||
| SECTION 23. Chapter 46, Education Code, is amended by | ||
| adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. STATE AID FOR HOMESTEAD EXEMPTION AND LIMITATION ON | ||
| TAX INCREASES | ||
| Sec. 46.071. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION | ||
| AND LIMITATION ON TAX INCREASES. (a) Beginning with the 2015-2016 | ||
| school year, a school district is entitled to additional state aid | ||
| under this subchapter to the extent that state and local revenue | ||
| used to service debt eligible under this chapter is less than the | ||
| state and local revenue that would have been available to the | ||
| district under this chapter as it existed on September 1, 2015, if | ||
| the increase in the residence homestead exemption under Section | ||
| 1-b(c), Article VIII, Texas Constitution, and the additional | ||
| limitation on tax increases under Section 1-b(d) of that article as | ||
| proposed by S.J.R. 1, 84th Legislature, Regular Session, 2015, had | ||
| not occurred. | ||
| (b) Subject to Subsections (c)-(e), additional state aid | ||
| under this section is equal to the amount by which the loss of local | ||
| interest and sinking revenue for debt service attributable to the | ||
| increase in the residence homestead exemption under Section 1-b(c), | ||
| Article VIII, Texas Constitution, and the additional limitation on | ||
| tax increases under Section 1-b(d) of that article as proposed by | ||
| S.J.R. 1, 84th Legislature, Regular Session, 2015, is not offset by | ||
| a gain in state aid under this chapter. | ||
| (c) For the purpose of determining state aid under this | ||
| section, local interest and sinking revenue for debt service is | ||
| limited to revenue required to service debt eligible under this | ||
| chapter as of September 1, 2015, including refunding of that debt, | ||
| subject to Section 46.061. The limitation imposed by Section | ||
| 46.034(a) does not apply for the purpose of determining state aid | ||
| under this section. | ||
| (d) If the amount required to pay debt service eligible | ||
| under this section is less than the sum of state and local | ||
| assistance provided under this chapter, including the amount of | ||
| additional aid provided under this section, the district may not | ||
| receive aid under this section in excess of the amount that, when | ||
| added to the district's local interest and sinking revenue for debt | ||
| service for the school year, as defined by this section, and state | ||
| aid under Subchapters A and B, equals the amount required to pay the | ||
| eligible debt service. | ||
| (e) The commissioner, using information provided by the | ||
| comptroller and other information as necessary, shall compute the | ||
| amount of additional state aid to which a district is entitled under | ||
| this section. A determination by the commissioner under this | ||
| section is final and may not be appealed. | ||
| SECTION 24. (a) Section 403.302(j), Government Code, is | ||
| amended to read as follows: | ||
| (j) The [ |
||
| comptroller shall certify the final taxable value for each school | ||
| district, appropriately adjusted to give effect to certain | ||
| provisions of the Education Code related to school funding, to the | ||
| commissioner of education as provided by the terms of a memorandum | ||
| of understanding entered into between the comptroller, the | ||
| Legislative Budget Board, and the commissioner of education[ |
||
| [ |
||
|
|
||
|
|
||
| [ |
||
|
|
||
| [ |
||
|
|
||
| [ |
||
|
|
||
|
|
||
|
|
||
| [ |
||
|
|
||
|
|
||
|
|
||
| (b) Section 403.302(k), Government Code, is repealed. | ||
| SECTION 25. (a) An assessor or collector for a school | ||
| district is not liable for civil damages or subject to criminal | ||
| prosecution for compliance in good faith with Section 31.01, Tax | ||
| Code, as amended by this Act. | ||
| (b) This section takes effect immediately if this Act | ||
| receives a vote of two-thirds of all the members of each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for this section to take | ||
| immediate effect, this section takes effect on the 91st day after | ||
| the last day of the legislative session. | ||
| (c) This section expires December 31, 2018. | ||
| SECTION 26. This Act applies beginning with the 2015 tax | ||
| year. | ||
| SECTION 27. (a) Except as provided by Subsection (b) of | ||
| this section or as otherwise provided by this Act: | ||
| (1) this Act takes effect on the date on which the | ||
| constitutional amendment proposed by S.J.R. 1, 84th Legislature, | ||
| Regular Session, 2015, takes effect; and | ||
| (2) if that amendment is not approved by the voters, | ||
| this Act has no effect. | ||
| (b) Sections 25.23(a-1), 26.04(a-1) and (c-1), 26.08(q), | ||
| 26.09(c-1), 26.15(h), 31.01(d-2), (d-3), (d-4), and (d-5), and | ||
| 31.02(a-1), Tax Code, and Sections 41.004(a-1), (b-1), and (c-1), | ||
| 41.0042, 41.0121, 41.094(a-1), 41.0981, and 41.208(a-1), Education | ||
| Code, as added by this Act, take effect immediately if this Act | ||
| 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 those sections | ||
| to have immediate effect, those sections take effect on the 91st day | ||
| after the last day of the legislative session. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1 passed the Senate on | ||
| March 25, 2015, by the following vote: Yeas 26, Nays 5; May 25, | ||
| 2015, Senate refused to concur in House amendments and requested | ||
| appointment of Conference Committee; May 27, 2015, House granted | ||
| request of the Senate; May 29, 2015, Senate adopted Conference | ||
| Committee Report by the following vote: Yeas 26, Nays 5. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1 passed the House, with | ||
| amendments, on May 25, 2015, by the following vote: Yeas 141, | ||
| Nays 0, one present not voting; May 27, 2015, House granted request | ||
| of the Senate for appointment of Conference Committee; May 29, | ||
| 2015, House adopted Conference Committee Report by the following | ||
| vote: Yeas 138, Nays 0, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
