HB2611 - Relating to 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 certain losses in local revenue.

  89R8154 LHC/KJE-D     By: Raymond H.B. No. 2611       A BILL TO BE ENTITLED   AN ACT   relating to 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 certain losses in local   revenue.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  PROVISIONS CONTINGENT ON CONSTITUTIONAL AMENDMENT          SECTION 1.01.  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 $140,000 [ $100,000 ] of the appraised value of   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 1.02.  Section 46.071, Education Code, is amended by   amending Subsections (a-2) and (b-2) and adding Subsections (a-3),   (b-3), and (c-3) to read as follows:          (a-2)   For  [ Beginning with ] the 2023-2024 and 2024-2025   school years [ 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, 2022,   if any increase in a residence homestead exemption under Section   1-b(c), Article VIII, Texas Constitution, and any additional   limitation on tax increases under Section 1-b(d) of that article as   proposed by the 88th Legislature, 2nd Called Session, 2023, had not   occurred.           (a-3)     Beginning with the 2025-2026 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 January 1, 2025, if any increase in the residence   homestead exemption under Section 1-b(c), Article VIII, Texas   Constitution, as proposed by the 89th Legislature, Regular Session,   2025, had not occurred.          (b-2)  Subject to Subsections (c-2), (d), and (e),   additional state aid under this section for  [ beginning with ] the   2023-2024 and 2024-2025  school years  [ year ] is equal to the amount   by which the loss of local interest and sinking revenue for debt   service attributable to any increase in a residence homestead   exemption under Section 1-b(c), Article VIII, Texas Constitution,   and any additional limitation on tax increases under Section 1-b(d)   of that article as proposed by the 88th Legislature, 2nd Called   Session, 2023, is not offset by a gain in state aid under this   chapter.           (b-3)     Subject to Subsections (c-3), (d), and (e),   additional state aid under this section beginning with the   2025-2026 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 a residence homestead exemption under Section   1-b(c), Article VIII, Texas Constitution, as proposed by the 89th   Legislature, Regular Session, 2025, is not offset by a gain in state   aid under this chapter.           (c-3)     For the purpose of determining state aid under   Subsections (a-3) and (b-3), local interest and sinking revenue for   debt service is limited to revenue required to service debt   eligible under this chapter as of January 1, 2025, 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 1.03.  Section 48.2543, Education Code, is amended   to read as follows:          Sec. 48.2543.  ADDITIONAL STATE AID FOR CERTAIN DISTRICTS   [ HOMESTEAD EXEMPTION ].  [ (a)     For 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.          [ (a-1) ]  Beginning with the 2025-2026  [ 2023-2024 ] school   year, a school district is entitled to additional state aid to the   extent that state and local revenue under this chapter , other than   former Section 48.2543(a), 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, 2022, if any of the following had not occurred:                 (1)  an increase in a residence homestead exemption   under Section 1-b(c), Article VIII, Texas Constitution, and any   additional limitation on tax increases under Section 1-b(d) of that   article as proposed by the 88th Legislature, 2nd Called Session,   2023 ;                 (2)     an increase in a residence homestead exemption   under Section 1-b(c), Article VIII, Texas Constitution, as proposed   by the 89th Legislature, Regular Session, 2025;                 (3)     a reduction of the amount of the limitation on tax   increases provided by Section 11.26(a-10), Tax Code; and                 (4)     a reduction in the district's maximum compressed   tax rate under Section 48.2555, as added by Chapter 1 (S.B. 2), Acts   of the 88th Legislature, 2nd Called Session, 2023 [ , 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:                [ (1)     the 2021 tax year is used for the purpose of   determining additional state aid under Subsection (a); and                [ (2)     the 2022 tax year is used for the purpose of   determining additional state aid under Subsection (a-1). ]          SECTION 1.04.  Sections 48.2542 and 48.283, Education Code,   are repealed.          SECTION 1.05.  Section 11.13, Tax Code, as amended by this   article, applies only to an ad valorem tax year that begins on or   after January 1, 2025.   ARTICLE 2.  PROVISIONS NOT CONTINGENT ON CONSTITUTIONAL AMENDMENT          SECTION 2.01.  Section 46.071, Education Code, is amended by   adding Subsections (d-1) and (d-2) to read as follows:           (d-1)     If the amount required to pay debt service on bonds   issued under Subchapter A, Chapter 45, is less than the sum of state   assistance provided under this chapter, including the amount of   additional state aid provided under this section, and the revenue   from the district's interest and sinking tax for a school year, the   commissioner shall, except as provided by Subsection (d-2), reduce   the amount of additional state aid provided under this section by   the difference between:                 (1)     the sum of state assistance provided under this   chapter, including the amount of additional state aid provided   under this section, and the revenue from the district's interest   and sinking tax for the school year; and                 (2)     the amount required to pay debt service on bonds   described by this subsection for the school year.           (d-2)     The amount of additional state aid provided under this   section may not be reduced under Subsection (d-1) to an amount below   zero.          SECTION 2.02.  Section 48.2551, Education Code, is amended   by adding Subsection (d-3) to read as follows:           (d-3)     In calculating and making available school districts'   maximum compressed rates under this section for the 2025-2026   school year, the agency shall calculate and make available the   rates as if the increase in the residence homestead exemption under   Section 1-b(c), Article VIII, Texas Constitution, as proposed by   the 89th Legislature, Regular Session, 2025, took effect and also   as if that increase did not take effect.   This subsection expires   September 1, 2026.          SECTION 2.03.  Section 48.283, Education Code, is amended to   read as follows:          Sec. 48.283.  ADDITIONAL STATE AID FOR CERTAIN DISTRICTS   IMPACTED BY COMPRESSION.   For the 2024-2025 school year, a  [ A ]   school district that received an adjustment under Section 48.257(b)   for the 2022-2023 school year is entitled to additional state aid   [ for each school year ] in an amount equal to [ the amount of that   adjustment for the 2022-2023 school year less ] the difference, if   the difference is greater than zero, between:                (1)  [ the amount to which the district is entitled   under this chapter for the current school year; and                [ (2) ]  the amount of state and local revenue that would   have been available to [ which ] the district [ would be entitled ]   under this chapter and Chapter 49 for the 2024-2025  [ current ]   school year if the district's maximum compressed tax rate had not   been reduced under Section 48.2555, as added by S.B. 2, Acts of the   88th Legislature, 2nd Called Session, 2023 ; and                 (2)     the amount of state and local revenue available to   the district under this chapter and Chapter 49 for the 2024-2025   school year .          SECTION 2.04.  Section 49.004, Education Code, is amended by   adding Subsections (a-1), (b-1), and (c-1) to read as follows:           (a-1)     This subsection applies only if the constitutional   amendment proposed by S.J.R. 2, 89th Legislature, Regular Session,   2025, is approved by the voters in an election held for that   purpose.   As soon as practicable after receiving revised property   values that reflect adoption of the constitutional amendment, the   commissioner shall review the local revenue level of districts in   the state and revise as necessary the notifications provided under   Subsection (a) for the 2025-2026 school year.   This subsection   expires September 1, 2026.           (b-1)     This subsection applies only to a district that has   not previously held an election under this chapter.   Notwithstanding   Subsection (b), a district that enters into an agreement to   exercise an option to reduce the district's local revenue level in   excess of entitlement under Section 49.002(3), (4), or (5) for the   2025-2026 school year may request and, as provided by Section   49.0043(a), receive approval from the commissioner to delay the   date of the election otherwise required to be ordered before   September 1. This subsection expires September 1, 2026.           (c-1)     Notwithstanding Subsection (c), a district that   receives approval from the commissioner to delay an election as   provided by Subsection (b-1) may adopt a tax rate for the 2025 tax   year before the commissioner certifies that the district has   reduced its local revenue level to the level established by Section   48.257.   This subsection expires September 1, 2026.          SECTION 2.05.  Subchapter A, Chapter 49, Education Code, is   amended by adding Section 49.0043 to read as follows:           Sec.   49.0043.     TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD   EXEMPTIONS.   (a) The commissioner shall approve a district's   request under Section 49.004(b-1) to delay the date of an election   required under this chapter if the commissio [Text truncated for display. Full text available on Congress.gov.]