Bill Text: TX HCR193 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Instructing the enrolling clerk of the house to make corrections in H.B. No. 3.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2019-05-29 - Filed with the Secretary of State [HCR193 Detail]
Download: Texas-2019-HCR193-Enrolled.html
H.C.R. No. 193 |
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WHEREAS, House Bill No. 3 has been adopted by the house of | ||
representatives and the senate and is being prepared for | ||
enrollment; and | ||
WHEREAS, The bill contains technical errors that should be | ||
corrected; now, therefore, be it | ||
RESOLVED by the 86th Legislature of the State of Texas, That | ||
the enrolling clerk of the house of representatives be instructed | ||
to make the following corrections to the enrolled version of House | ||
Bill No. 3: | ||
(1) In the recital for SECTION 1.006 of the bill, strike "by | ||
amending Subsections (c) and (e)" and substitute "by amending | ||
Subsections (c), (e), and (i)". | ||
(2) In SECTION 1.006 of the bill, following amended Section | ||
44.004(e), Education Code, add the following: | ||
(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: | ||
(1) the rate proposed in the notice prepared using the | ||
estimate; or | ||
(2) the district's voter-approval [ |
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determined under Section 26.08, Tax Code, using the certified | ||
appraisal roll. | ||
(3) In SECTION 1.008 of the bill, in added Section | ||
45.003(d-1), Education Code, strike "for the 2019 tax year exceeds | ||
$1.04" and substitute "excluding the district's current debt rate | ||
under Section 26.08(n)(1)(C), Tax Code, for the 2019 tax year is | ||
equal to or exceeds $0.97". | ||
(4) In SECTION 1.008 of the bill, in added Section | ||
45.003(d-1), Education Code, between "rate" and the underlined | ||
period, insert ", excluding the district's current debt rate under | ||
Section 26.08(n)(1)(C), Tax Code". | ||
(5) In SECTION 1.009 of the bill, in added Section | ||
45.0032(d), Education Code, between "rollback tax rate" and "for", | ||
insert ", excluding the district's current debt rate under Section | ||
26.08(n)(1)(C), Tax Code,". | ||
(6) In SECTION 1.038 of the bill, in transferred, | ||
redesignated, and amended Section 48.202(a), Education Code, in | ||
each place that it appears in Section 48.202(a), between [ |
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and the comma, insert "or by the quotient of the value of "DPV" as | ||
determined under Section 48.256(d) if that subsection applies to | ||
the district". | ||
(7) In SECTION 1.063 of the bill, in added Section | ||
26.08(a-1), Tax Code, between "flood," and "or", insert | ||
"wildfire,". | ||
(8) Strike SECTION 1.065 of the bill and substitute the | ||
following: | ||
SECTION 1.065. Effective January 1, 2020, Sections 26.08(d) | ||
and (g), Tax Code, are amended to read as follows: | ||
(d) If the proposition is not approved as provided by | ||
Subsection (c), the governing body may not adopt a tax rate for the | ||
school district for the current year that exceeds the school | ||
district's voter-approval [ |
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(g) In a school district that received distributions from an | ||
equalization tax imposed under former Chapter 18, Education Code, | ||
the no-new-revenue [ |
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the county unit system's abolition is added to the district's | ||
voter-approval [ |
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(9) In SECTION 1A.005 of the bill, in transferred, | ||
redesignated, and amended Section 48.051, Education Code, | ||
immediately following Subsection (c), insert the following: | ||
(d) In this section, "compensation" includes benefits such | ||
as insurance premiums. | ||
(10) In SECTION 1A.008 of the bill, in amended Section | ||
26.08(n)(2)(B), Tax Code, strike "$0.04" and substitute "$0.05 | ||
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(11) Add the following appropriately numbered SECTIONS to | ||
Article 3 of the bill and renumber the SECTIONS of that article | ||
accordingly: | ||
SECTION 3.____. Effective January 1, 2020, Section | ||
45.105(e), Education Code, is amended to read as follows: | ||
(e) The governing body of an independent school district | ||
that governs a junior college district under Subchapter B, Chapter | ||
130, in a county with a population of more than two million may | ||
dedicate a specific percentage of the local tax levy to the use of | ||
the junior college district for facilities and equipment or for the | ||
maintenance and operating expenses of the junior college district. | ||
To be effective, the dedication must be made by the governing body | ||
on or before the date on which the governing body adopts its tax | ||
rate for a year. The amount of local tax funds derived from the | ||
percentage of the local tax levy dedicated to a junior college | ||
district from a tax levy may not exceed the amount that would be | ||
levied by five percent of the no-new-revenue [ |
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for the tax year calculated as provided by Section 26.04, Tax Code, | ||
on all property taxable by the school district. All real property | ||
purchased with these funds is the property of the school district, | ||
but is subject to the exclusive control of the governing body of the | ||
junior college district for as long as the junior college district | ||
uses the property for educational purposes. | ||
SECTION 3.____. Effective January 1, 2020, 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: | ||
(1) current debt rate for purposes of computing a | ||
voter-approval [ |
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and | ||
(2) interest and sinking fund tax rate. | ||
SECTION 3.____. Effective January 1, 2020, Sections | ||
825.405(h) and (i), Government Code, are amended to read as | ||
follows: | ||
(h) This section does not apply to state contributions for | ||
members employed by a school district in a school year if the | ||
district's no-new-revenue [ |
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operation revenues for the tax year that ended in the preceding | ||
school year equals or exceeds 125 percent of the statewide average | ||
no-new-revenue [ |
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maintenance and operation revenues for that tax year. For a tax | ||
year, the statewide average no-new-revenue [ |
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school district maintenance and operation revenues is the tax rate | ||
that, if applied to the statewide total appraised value of taxable | ||
property for every school district in the state determined under | ||
Section 403.302, would produce an amount equal to the statewide | ||
total amount of maintenance and operation taxes imposed in the tax | ||
year for every school district in the state. | ||
(i) Not later than the seventh day after the final date the | ||
comptroller certifies to the commissioner of education changes to | ||
the property value study conducted under Subchapter M, Chapter 403, | ||
the comptroller shall certify to the Teacher Retirement System of | ||
Texas: | ||
(1) the no-new-revenue [ |
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district maintenance and operation revenues for each school | ||
district in the state for the immediately preceding tax year; and | ||
(2) the statewide average no-new-revenue [ |
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tax rate for school district maintenance and operation revenues for | ||
the immediately preceding tax year. | ||
(12) Strike "rollback" and substitute "voter-approval | ||
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(13) Strike "rollback" and substitute "voter-approval" in | ||
each place that it appears in the bill. | ||
(14) In SECTION 5.002 of the bill, strike "rollback" and | ||
substitute "voter-approval". | ||
Huberty | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.C.R. No. 193 was adopted by the House on May | ||
27, 2019, by the following vote: Yeas 149, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.C.R. No. 193 was adopted by the Senate on May | ||
27, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
RECEIVED: __________________ | ||
Date | ||
__________________ | ||
Secretary of State |