Bill Text: TX SR97 | 2021 | 87th Legislature 3rd Special Session | Enrolled
Bill Title: Suspending the limitations on the conference committee jurisdiction for S.B. 1.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-10-18 - Reported enrolled [SR97 Detail]
Download: Texas-2021-SR97-Enrolled.html
By: Bettencourt | S.R. No. 97 |
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BE IT RESOLVED by the Senate of the State of Texas, 87th | ||
Legislature, 3rd Called Session, 2021, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
Senate Bill 1 (an increase in the amount of the exemption of | ||
residence homesteads from ad valorem taxation by a school | ||
district and the protection of school districts against the | ||
resulting loss in local revenue) to consider and take action on | ||
the following matter: | ||
Senate Rule 12.03(4) is suspended to permit the committee | ||
to add text on a matter not included in either the house or senate | ||
version of the bill by adding the following new SECTIONS to the | ||
bill: | ||
SECTION 1. Section 11.13(b), Tax Code, is amended to read | ||
as follows: | ||
(b) An adult is entitled to exemption from taxation by a | ||
school district of $40,000 [ |
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the adult's residence homestead, except that only $5,000 of the | ||
exemption applies to an entity operating under 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. | ||
SECTION 2. Section 46.071, Education Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsections | ||
(a-1), (b-1), and (c-1) to read as follows: | ||
(a) Beginning with the 2015-2016 school year and | ||
continuing through the 2021-2022 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. | ||
(a-1) Beginning with the 2022-2023 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, 2021, if any | ||
increase in the residence homestead exemption under Section | ||
1-b(c), Article VIII, Texas Constitution, as proposed by the 87th | ||
Legislature, 3rd Called Session, 2021, had not occurred. | ||
(b) Subject to Subsections (c), (d), and (e) [ |
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additional state aid under this section through the 2021-2022 | ||
school year 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. | ||
(b-1) Subject to Subsections (c-1), (d), and (e), | ||
additional state aid under this section beginning with the | ||
2022-2023 school year is equal to the amount by which the loss of | ||
local interest and sinking revenue for debt service attributable | ||
to any increase in the residence homestead exemption under | ||
Section 1-b(c), Article VIII, Texas Constitution, as proposed by | ||
the 87th Legislature, 3rd Called Session, 2021, is not offset by | ||
a gain in state aid under this chapter. | ||
(c) For the purpose of determining state aid under | ||
Subsections (a) and (b) [ |
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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. | ||
(c-1) For the purpose of determining state aid under | ||
Subsections (a-1) and (b-1), local interest and sinking revenue | ||
for debt service is limited to revenue required to service debt | ||
eligible under this chapter as of September 1, 2021, 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. | ||
SECTION 3. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.2543 to read as follows: | ||
Sec. 48.2543. ADDITIONAL STATE AID FOR HOMESTEAD | ||
EXEMPTION. (a) Beginning with the 2022-2023 school year, a | ||
school district is entitled to additional state aid to the extent | ||
that state and local revenue under this chapter and Chapter 49 is | ||
less than the state and local revenue that would have been | ||
available to the district under this chapter and Chapter 49 as | ||
those chapters existed on September 1, 2021, if any increase in | ||
the residence homestead exemption under Section 1-b(c), Article | ||
VIII, Texas Constitution, as proposed by the 87th Legislature, | ||
3rd Called Session, 2021, 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 2021 tax year is used for the | ||
purpose of determining additional state aid under Subsection | ||
(a). | ||
SECTION 4. The comptroller of public accounts may adopt | ||
rules for the purpose of implementing and administering the | ||
changes in law made by this Act, including rules relating to the | ||
form of certain information required to be provided by tax | ||
officials and the date on which the information must be provided. | ||
SECTION 5. Section 11.13, Tax Code, as amended by this | ||
Act, applies beginning with the 2022 tax year. | ||
Explanation: The addition is necessary to increase the | ||
amount of the exemption of residence homesteads from ad valorem | ||
taxation by a school district from $25,000 to $40,000, protect | ||
school districts against the resulting loss in local revenue, | ||
authorize the comptroller of public accounts to adopt rules to | ||
implement the change in law made by Senate Bill 1, and provide | ||
that the change in law made by Senate Bill 1 to Section 11.13, Tax | ||
Code, takes effect beginning with the 2022 tax year. | ||
Suspending limitations on conference committee jurisdiction, | ||
S.B. No. 1. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on October 18, 2021, | ||
by the following vote: Yeas 31, | ||
Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |