Bill Text: TX SB712 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the financing of school district facilities and property tax relief for school district debt; providing for reduced property tax rates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-04 - Referred to s/c on Fiscal Matters by Chair [SB712 Detail]
Download: Texas-2013-SB712-Introduced.html
83R4607 GCB-F | ||
By: Lucio | S.B. No. 712 |
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relating to the financing of school district facilities and | ||
property tax relief for school district debt; providing for reduced | ||
property tax rates. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 46, Education Code, is | ||
amended to read as follows: | ||
CHAPTER 46. ASSISTANCE WITH SCHOOL [ |
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PROPERTY TAX RELIEF FOR [ |
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SECTION 2. The heading to Subchapter A, Chapter 46, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER A. INITIAL INSTRUCTIONAL FACILITIES ALLOTMENT | ||
SECTION 3. The heading to Section 46.003, Education Code, | ||
is amended to read as follows: | ||
Sec. 46.003. INITIAL SCHOOL FACILITIES ALLOTMENT. | ||
SECTION 4. Sections 46.003(a), (d), (e), and (h), Education | ||
Code, are amended to read as follows: | ||
(a) In the second year of the state fiscal biennium in which | ||
the bonds are issued [ |
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specified amount per student in state and local funds for each cent | ||
of tax effort, up to the maximum rate under Subsection (b), to pay | ||
the principal of and interest on eligible bonds issued to | ||
construct, acquire, renovate, or improve an instructional | ||
facility. The amount of state support is determined by the formula: | ||
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100)) | ||
where: | ||
"FYA" is the guaranteed facilities yield amount of state | ||
funds allocated to the district for the year; | ||
"FYL" is the dollar amount guaranteed level of state and | ||
local funds per student per cent of tax effort, which is the amount | ||
of district tax revenue per student in average daily attendance per | ||
cent of tax effort available to a district at the ____ percentile in | ||
wealth per student in average daily attendance, as determined by | ||
the commissioner in cooperation with the Legislative Budget Board, | ||
[ |
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"ADA" is the greater of the number of students in average | ||
daily attendance, as determined under Section 42.005, in the | ||
district or 400; | ||
"BTR" is the district's bond tax rate for the current year, | ||
which is determined by dividing the amount budgeted by the district | ||
for payment of eligible bonds by the quotient of the district's | ||
taxable value of property as determined under Subchapter M, Chapter | ||
403, Government Code, or, if applicable, Section 42.2521, divided | ||
by 100; and | ||
"DPV" is the district's taxable value of property as | ||
determined under Subchapter M, Chapter 403, Government Code, or, if | ||
applicable, Section 42.2521. | ||
(d) The amount budgeted by a district for payment of | ||
eligible bonds may include: | ||
(1) bond taxes collected in the current school year; | ||
(2) bond taxes collected in a preceding school year in | ||
excess of the amount necessary to pay the district's share of actual | ||
debt service on bonds in that year, provided that the taxes were not | ||
used to generate other state financial assistance for the district; | ||
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(3) maintenance and operations taxes collected in the | ||
current school year or a preceding school year in excess of the | ||
amount eligible to be used to generate other state financial | ||
assistance for the district; or | ||
(4) penalty and interest on delinquent taxes, interest | ||
on bond tax revenue, and any other available local revenue received | ||
in the current school year or a preceding school year, provided that | ||
the revenue was not used to generate other state financial | ||
assistance for the district. | ||
(e) Bonds are eligible to be paid with state and local funds | ||
under this section if[ |
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maturity of less than eight years. | ||
(h) To receive state assistance under this subchapter, a | ||
school district must certify [ |
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accordance with rules adopted by the commissioner, the amount of | ||
the payment due on the [ |
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state assistance that year. [ |
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SECTION 5. Section 46.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 46.005. LIMITATION ON GUARANTEED AMOUNT. (a) The | ||
guaranteed amount of state and local funds to which a school | ||
district is entitled [ |
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(1) the amount of [ |
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the district makes in the biennium in which the bonds are issued; or | ||
(2) the greater of: | ||
(A) $___________ [ |
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(B) the product of the number of students in | ||
average daily attendance in the district multiplied by $________ | ||
[ |
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(b) A school district may not receive state assistance for a | ||
project under this subchapter for more than one year. After that | ||
year, the district is entitled to state assistance for that project | ||
only as provided by Subchapter B. | ||
SECTION 6. The heading to Section 46.009, Education Code, | ||
is amended to read as follows: | ||
Sec. 46.009. PAYMENT OF INITIAL SCHOOL FACILITIES | ||
ALLOTMENTS. | ||
SECTION 7. Section 46.009, Education Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) The total amount of money to which a district is | ||
entitled under this subchapter is a portion of the total amount of | ||
the district's entitlement under this chapter and is not a separate | ||
item subject to specific appropriation. If the amount available | ||
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than the total amount determined under Subsection (a) for that | ||
year, the commissioner shall[ |
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the instructional facilities program the amount by which the total | ||
amount determined under Subsection (a) exceeds the amount | ||
available. | ||
(b-1) If as a result of the transfer made under Subsection | ||
(b) there are insufficient funds in the Foundation School Program | ||
to pay for the program as required under Section 42.253, the | ||
commissioner shall [ |
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allocations for that year and increase each district's foundation | ||
school fund allocations for the following year in the manner | ||
provided by Section 42.253(h). | ||
SECTION 8. Section 46.0111(a)(2), Education Code, is | ||
amended to read as follows: | ||
(2) "State's share" means an amount equal to the | ||
district's net proceeds from the recovery multiplied by a | ||
percentage determined by dividing the amount of state assistance | ||
under this chapter [ |
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interest on bonds issued in connection with the instructional | ||
facility that is the subject of the action by the total amount of | ||
principal and interest paid on the bonds as of the date of the | ||
judgment or settlement. | ||
SECTION 9. Sections 46.0111(b) and (d), Education Code, are | ||
amended to read as follows: | ||
(b) A school district that brings an action for recovery of | ||
damages for the defective design, construction, renovation, or | ||
improvement of an instructional facility financed by bonds for | ||
which the district receives state assistance under this chapter | ||
[ |
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the action. | ||
(d) A school district shall use the net proceeds from an | ||
action brought by the district for the defective design, | ||
construction, renovation, or improvement of an instructional | ||
facility financed by bonds for which the district receives state | ||
assistance under this chapter [ |
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design, construction, renovation, or improvement of the | ||
instructional facility on which the action is brought or to replace | ||
the facility. Section 46.008 applies to the repair. | ||
SECTION 10. The heading to Subchapter B, Chapter 46, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER B. [ |
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RELIEF | ||
SECTION 11. The heading to Section 46.032, Education Code, | ||
is amended to read as follows: | ||
Sec. 46.032. DEBT TAX RELIEF ALLOTMENT. | ||
SECTION 12. Section 46.032, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (a-1), | ||
(a-2), and (d) to read as follows: | ||
(a) Each school district is guaranteed a specified amount | ||
per student in state and local funds for each cent of tax effort to | ||
pay the principal of and interest on eligible bonds. The amount of | ||
state support, subject only to the maximum amount under Section | ||
46.034, is determined by the formula: | ||
DTRA [ |
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where: | ||
"DTRA" [ |
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the district for reduction of the [ |
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tax rate; | ||
"EDGL" is the dollar amount guaranteed level of state and | ||
local funds per student per cent of tax effort, which is the | ||
greatest of the amount of district tax revenue per student in | ||
average daily attendance per cent of tax effort available to a | ||
district at the ____ percentile in wealth per student in average | ||
daily attendance, as determined by the commissioner in cooperation | ||
with the Legislative Budget Board, the amount of district tax | ||
revenue per student per cent of tax effort used for purposes of this | ||
subchapter in the preceding year, [ |
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amount for any year provided by appropriation; | ||
"ADA" is the greater of the number of students in average | ||
daily attendance, as determined under Section 42.005, in the | ||
district or 400; | ||
"EDTR" is the existing debt tax rate of the district, which is | ||
determined by dividing the amount budgeted by the district for | ||
payment of eligible bonds 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 | ||
"DPV" is the district's taxable value of property as | ||
determined under Subchapter M, Chapter 403, Government Code, or, if | ||
applicable, under Section 42.2521. | ||
(a-1) The percentile in wealth per student described by | ||
Subsection (a) for purposes of determining the dollar amount | ||
guaranteed level of state and local funds ("EDGL") applies | ||
beginning with the 2018-2019 school year. For the 2013-2014 | ||
through 2017-2018 school years, "EDGL" is determined as follows: | ||
(1) for the 2013-2014 school year, "EDGL" is $35; | ||
(2) for the 2014-2015 school year, "EDGL" is | ||
determined under Subsection (a) using the ____ percentile in wealth | ||
per student; | ||
(3) for the 2015-2016 school year, "EDGL" is | ||
determined under Subsection (a) using the ____ percentile in wealth | ||
per student; | ||
(4) for the 2016-2017 school year, "EDGL" is | ||
determined under Subsection (a) using the ____ percentile in wealth | ||
per student; and | ||
(5) for the 2017-2018 school year, "EDGL" is | ||
determined under Subsection (a) using the ____ percentile in wealth | ||
per student. | ||
(a-2) Subsection (a-1) and this subsection expire September | ||
1, 2018. | ||
(c) The amount budgeted by a district for payment of | ||
eligible bonds may include: | ||
(1) bond taxes collected in the current school year; | ||
(2) bond taxes collected in a preceding school year in | ||
excess of the amount necessary to pay the district's share of actual | ||
debt service on bonds in that year, provided that the taxes were not | ||
used to generate other state financial assistance for the district; | ||
[ |
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(3) maintenance and operations taxes collected in the | ||
current school year or a preceding school year in excess of the | ||
amount eligible to be used to generate other state financial | ||
assistance for the district; or | ||
(4) penalty and interest on delinquent taxes, interest | ||
on bond tax revenue, and any other available local revenue received | ||
in the current school year or a preceding school year, provided that | ||
the revenue was not used to generate other state financial | ||
assistance for the district. | ||
(d) A school district shall reduce the tax rate levied by | ||
the district for payment of eligible bonds by a percentage | ||
established by the commissioner to account for an increase in the | ||
yield guaranteed under Subsection (a) or an increase in the yield | ||
produced by a higher yield under this subchapter over the yield | ||
received by the district before the bonds became eligible for | ||
assistance under this subchapter. | ||
SECTION 13. Section 46.033, Education Code, is amended to | ||
read as follows: | ||
Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds issued | ||
under Section 45.006, are eligible to be paid with state and local | ||
funds under this subchapter if during the final school year of the | ||
preceding state fiscal biennium: | ||
(1) the district: | ||
(A) made payments on the bonds; | ||
(B) [ |
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principal of and interest on the bonds that were included in the | ||
district's audited debt service collections; or | ||
(C) received [ |
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payment of [ |
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(2) the district certifies to the commissioner in | ||
accordance with rules adopted by the commissioner the amount of | ||
payments due on the bonds in each year of the subsequent state | ||
fiscal biennium. | ||
SECTION 14. Section 46.034, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (d) to read | ||
as follows: | ||
(a) The existing debt tax rate ("EDTR") under Section 46.032 | ||
may not exceed $_____ [ |
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amount for any year provided by appropriation. | ||
(c) Except as provided by Subsection (d), if [ |
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required to pay the principal of and interest on eligible bonds in a | ||
school year is less than the amount of payments made by the district | ||
on the bonds during the final school year of the preceding state | ||
fiscal biennium or the district's audited debt service collections | ||
for that school year, the district may not receive aid in excess of | ||
the amount that, when added to the district's local revenue for the | ||
school year, equals the amount required to pay the principal of and | ||
interest on the bonds. | ||
(d) A school district is entitled to state assistance under | ||
this subchapter based on the district's tax rate for the current | ||
school year if the district demonstrates to the commissioner's | ||
satisfaction that the district must construct, acquire, renovate, | ||
or improve one or more instructional facilities to serve the | ||
children of military personnel transferred to a military | ||
installation in or near the district under the Defense Base Closure | ||
and Realignment Act of 1990 (10 U.S.C. Section 2687). | ||
SECTION 15. The heading to Subchapter C, Chapter 46, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER C. FINANCING AND REFINANCING | ||
SECTION 16. Subchapter C, Chapter 46, Education Code, is | ||
amended by adding Section 46.051 to read as follows: | ||
Sec. 46.051. DETERMINATION BY COMMISSIONER OF GUARANTEED | ||
YIELDS AND PERCENTAGE REDUCTION OF DISTRICT DEBT TAX RATES. (a) | ||
Before the beginning of each school year, the commissioner, in | ||
cooperation with the Legislative Budget Board, shall estimate the | ||
guaranteed yields under Subchapters A and B. | ||
(b) As required under Section 46.032(d), the commissioner | ||
shall determine the percentage by which a district is required to | ||
reduce the district's debt tax rate to account for an increase in | ||
the guaranteed yield over the preceding year. | ||
SECTION 17. Section 46.061, Education Code, is amended to | ||
read as follows: | ||
Sec. 46.061. AUTHORITY OF COMMISSIONER OVER [ |
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provide for the payment of state assistance under this chapter to | ||
refinance school district debt. A refinancing may not increase the | ||
cost to the state of providing the assistance. | ||
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SECTION 18. The following sections of the Education Code | ||
are repealed: | ||
(1) Section 46.006; | ||
(2) Section 46.011; and | ||
(3) Sections 46.034(b) and (b-1). | ||
SECTION 19. This Act takes effect September 1, 2013. |