A BILL TO BE ENTITLED
AN ACT
relating to the calculation of certain ad valorem tax rates of a
taxing unit and the manner in which a proposed ad valorem tax rate
that exceeds the voter-approval tax rate is approved; making
conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 48.202(f), Education Code, is amended to
read as follows:
(f) For a school year in which the dollar amount guaranteed
level of state and local funds per weighted student per cent of tax
effort ("GL") under Subsection (a-1)(2) exceeds the dollar amount
guaranteed level of state and local funds per weighted student per
cent of tax effort ("GL") under Subsection (a-1)(2) for the
preceding school year, a school district shall reduce the
district's tax rate under Section 45.0032(b)(2) for the tax year
that corresponds to that school year to a rate that results in the
amount of state and local funds per weighted student per cent of tax
effort available to the district at the dollar amount guaranteed
level for the preceding school year. A school district is not
entitled to the amount equal to the increase of revenue described by
this subsection for the school year for which the district must
reduce the district's tax rate. For [Unless Section 26.042(e), Tax
Code, applies to the district, for ] a tax year in which a district
must reduce the district's tax rate under this subsection, the
district may not increase the district's maintenance and operations
tax rate to a rate that exceeds the maximum maintenance and
operations tax rate permitted under Section 45.003(d) or (f), as
applicable, minus the reduction of tax effort required under this
subsection. This subsection does not apply if the amount of state
funds appropriated for a school year specifically excludes the
amount necessary to provide the dollar amount guaranteed level of
state and local funds per weighted student per cent of tax effort
under Subsection (a-1)(2).
SECTION 2. Section 3828.157, Special District Local Laws
Code, is amended to read as follows:
Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. Sections 26.04, [26.042, ] 26.05, and 26.07, [and
26.075, ] Tax Code, do not apply to a tax imposed under Section
3828.153 or 3828.156.
SECTION 3. Section 8876.152(a), Special District Local Laws
Code, is amended to read as follows:
(a) Sections 26.04, [26.042, ] 26.05, 26.06, 26.061, and
26.07, [and 26.075, ] Tax Code, do not apply to a tax imposed by the
district.
SECTION 4. Section 26.012(3), Tax Code, is amended to read
as follows:
(3) "Current debt service " means the minimum dollar
amount required to be expended for debt service for the current
year.
SECTION 5. Section 26.04(c), Tax Code, is amended to read as
follows:
(c) After the assessor for the taxing unit submits the
appraisal roll for the taxing unit to the governing body of the
taxing unit as required by Subsection (b), an officer or employee
designated by the governing body shall calculate the no-new-revenue
tax rate and the voter-approval tax rate for the taxing unit, where:
(1) "No-new-revenue tax rate" means a rate expressed
in dollars per $100 of taxable value calculated according to the
following formula:
NO-NEW-REVENUE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY) /
(CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
and
(2) "Voter-approval tax rate" means a rate expressed
in dollars per $100 of taxable value calculated according to the
following [applicable ] formula:
[(A) for a special taxing unit: ]
VOTER-APPROVAL TAX RATE = [( ]NO-NEW-REVENUE MAINTENANCE AND
OPERATIONS RATE [x 1.08) ] + CURRENT DEBT RATE
[; or
[(B) for a taxing unit other than a special
taxing unit:
[VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED INCREMENT
RATE) ]
SECTION 6. Sections 26.041(a), (b), and (c), Tax Code, are
amended to read as follows:
(a) In the first year in which an additional sales and u
Statutes affected: