Bill Text: TX SB112 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to public school finance and certain limitations on the ad valorem tax rate of a school district.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-31 - Referred to Education [SB112 Detail]
Download: Texas-2011-SB112-Introduced.html
82R1383 SMH/KKA-D | ||
By: Davis | S.B. No. 112 |
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relating to public school finance and certain limitations on the ad | ||
valorem tax rate of a school district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 41.002(a), Education Code, is amended to | ||
read as follows: | ||
(a) A school district may not have a wealth per student that | ||
exceeds: | ||
(1) the wealth per student that generates the amount | ||
of maintenance and operations tax revenue per weighted student | ||
available to a district with maintenance and operations tax revenue | ||
per cent of tax effort equal to the maximum amount provided per cent | ||
under Section 42.101, for the district's maintenance and operations | ||
tax effort equal to or less than the rate equal to the product of the | ||
state compression percentage, as determined under Section 42.2516, | ||
multiplied by the maintenance and operations tax rate adopted by | ||
the district for the 2005 tax year; | ||
(2) the wealth per student that generates the amount | ||
of maintenance and operations tax revenue per weighted student | ||
available to the Austin Independent School District, as determined | ||
by the commissioner in cooperation with the Legislative Budget | ||
Board, for the first six cents by which the district's maintenance | ||
and operations tax rate exceeds the rate equal to the product of the | ||
state compression percentage, as determined under Section 42.2516, | ||
multiplied by the maintenance and operations tax rate adopted by | ||
the district for the 2005 tax year, subject to Section 41.093(b-1); | ||
or | ||
(3) the wealth per student that generates the greater | ||
of the amount of maintenance and operations tax revenue per | ||
weighted student available to the Austin Independent School | ||
District, as determined by the commissioner in cooperation with the | ||
Legislative Budget Board, or the amount of district tax revenue per | ||
weighted student used for purposes of this subdivision in the | ||
preceding school year [ |
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and operations tax effort that exceeds the first six cents by which | ||
the district's maintenance and operations tax effort exceeds the | ||
rate equal to the product of the state compression percentage, as | ||
determined under Section 42.2516, multiplied by the maintenance and | ||
operations tax rate adopted by the district for the 2005 tax year. | ||
SECTION 2. Section 41.093(b-1), Education Code, is amended | ||
to read as follows: | ||
(b-1) If the guaranteed level of state and local funds per | ||
weighted student per cent of tax effort under Section 42.302(a-1) | ||
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school year is an amount at least equal to the amount of revenue per | ||
weighted student per cent of tax effort available to the Austin | ||
Independent School District, as determined by the commissioner in | ||
cooperation with the Legislative Budget Board, the commissioner, in | ||
computing the amounts described by Subsections (a)(1) and (2) and | ||
determining the cost of an attendance credit, shall exclude | ||
maintenance and operations tax revenue resulting from the first six | ||
cents by which a district's maintenance and operations tax rate | ||
exceeds the rate equal to the product of the state compression | ||
percentage, as determined under Section 42.2516, multiplied by the | ||
maintenance and operations tax rate adopted by the district for the | ||
2005 tax year. | ||
SECTION 3. Section 42.2522(e), Education Code, is amended | ||
to read as follows: | ||
(e) The commissioner shall notify school districts as soon | ||
as practicable as to the availability of funds under this section. | ||
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SECTION 4. Sections 42.302(a-1) and (a-2), Education Code, | ||
are amended to read as follows: | ||
(a-1) In this section, "wealth per student" has the meaning | ||
assigned by Section 41.001. 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[ |
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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[ |
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(a-2) The limitation on district enrichment tax rate | ||
("DTR") under Section 42.303 does not apply to the first six cents | ||
by which the district's maintenance and operations tax rate exceeds | ||
the rate equal to the product of the state compression percentage, | ||
as determined under Section 42.2516, multiplied by the maintenance | ||
and operations tax rate adopted by the district for the 2005 tax | ||
year [ |
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SECTION 5. Sections 44.004(c) and (i), 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) maintenance and operations; | ||
(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 "Maintenance & Operations," | ||
"Interest & Sinking Fund," and "Total," which is the sum of | ||
"Maintenance & Operations" and "Interest & Sinking Fund": | ||
(i) the school district's "Last Year's | ||
Rate"; | ||
(ii) the "Rate to Maintain Same Level of | ||
Maintenance & Operations Revenue & Pay Debt Service," which: | ||
(a) in the case of "Maintenance & | ||
Operations," 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, | ||
would impose taxes in an amount that, when added to state funds to | ||
be distributed to the district under Chapter 42, would provide the | ||
same amount of maintenance and operations taxes and state funds | ||
distributed under Chapter 42 per student in average daily | ||
attendance for the 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 Maximum Maintenance Tax [ |
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maintenance tax rate the district can adopt before requiring voter | ||
approval at an election is (the maximum maintenance tax rate the | ||
district may adopt before requiring voter approval at an election | ||
under Section 45.003 [ |
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(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. | ||
(i) A school district that uses a certified estimate, as | ||
authorized by Subsection (h), may adopt a budget at the public | ||
meeting designated in the notice prepared using the estimate, but | ||
the district may not adopt a tax rate before the district receives | ||
the certified appraisal roll for the district required by Section | ||
26.01(a), Tax Code. After receipt of the certified appraisal roll, | ||
the district must publish a revised notice and hold another public | ||
meeting before the district may adopt a tax rate that exceeds[ |
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the estimate[ |
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SECTION 6. Section 45.003, Education Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) Notwithstanding any other law, a district may not adopt | ||
a maintenance tax rate for the current tax year that exceeds the sum | ||
of: | ||
(1) the district's maintenance tax rate for the | ||
preceding tax year; and | ||
(2) the rate of four cents per $100 of taxable value in | ||
the district. | ||
SECTION 7. Section 45.261(e), Education Code, is amended to | ||
read as follows: | ||
(e) Any part of a school district's tax rate attributable to | ||
producing revenue for purposes of Subsection (c)(1) is considered | ||
part of the district's[ |
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SECTION 8. Section 3.005(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection [ |
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subdivision shall be ordered not later than the 62nd day before | ||
election day. | ||
SECTION 9. Section 4.008(a), Election Code, is amended to | ||
read as follows: | ||
(a) The [ |
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governing body of a political subdivision, other than a county, | ||
that orders an election shall deliver notice of the election to the | ||
county clerk and voter registrar of each county in which the | ||
political subdivision is located not later than the 60th day before | ||
election day. | ||
SECTION 10. Section 26.05(g), Tax Code, is amended to read | ||
as follows: | ||
(g) Notwithstanding Subsection (a), the governing body of a | ||
school district that elects to adopt a tax rate before the adoption | ||
of a budget for the fiscal year that begins in the current tax year | ||
may adopt a tax rate for the current tax year before receipt of the | ||
certified appraisal roll for the school district if the chief | ||
appraiser of the appraisal district in which the school district | ||
participates has certified to the assessor for the school district | ||
an estimate of the taxable value of property in the school district | ||
as provided by Section 26.01(e). If a school district adopts a tax | ||
rate under this subsection, the effective tax rate [ |
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certified estimate of taxable value. | ||
SECTION 11. (a) Sections 3.005(d) and 4.008(b), Election | ||
Code, are repealed. | ||
(b) Section 26.08, Tax Code, is repealed. | ||
SECTION 12. (a) The changes in law made by Sections 3, 5, 6, | ||
7, 8, 9, 10, and 11 of this Act apply to the ad valorem tax rate of a | ||
school district beginning with the 2011 tax year, except as | ||
provided by Subsection (b) of this section. | ||
(b) If the governing body of a school district adopted an ad | ||
valorem tax rate for the school district for the 2011 tax year | ||
before the effective date of Sections 3, 5, 6, 7, 8, 9, 10, and 11 of | ||
this Act, the changes in law made by Sections 3, 5, 6, 7, 8, 9, 10, | ||
and 11 of this Act apply to the ad valorem tax rate of that school | ||
district beginning with the 2012 tax year, and the law in effect | ||
when the tax rate was adopted applies to the 2011 tax year with | ||
respect to that school district. | ||
SECTION 13. (a) Except as provided by Subsection (b) of | ||
this section: | ||
(1) 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; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2011. | ||
(b) Sections 1, 2, and 4 of this Act take effect September 1, | ||
2011. |