Bill Text: TX HB1366 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the elimination of the taxing authority of certain county boards of education and boards of county school trustees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-03-14 - Referred to Public Education [HB1366 Detail]
Download: Texas-2017-HB1366-Introduced.html
| 85R116 KJE-D | ||
| By: Cain | H.B. No. 1366 | |
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| relating to the elimination of the taxing authority of certain | ||
| county boards of education and boards of county school trustees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter G, Chapter 11, Education Code, is | ||
| amended by adding Section 11.305 to read as follows: | ||
| Sec. 11.305. COUNTYWIDE EQUALIZATION TAX PROHIBITED IN | ||
| COUNTIES WITH POPULATION OF 3.3 MILLION OR MORE. Notwithstanding | ||
| former Chapter 18, as that chapter existed on May 1, 1995, the | ||
| county board of education or board of county school trustees in a | ||
| county with a population of 3.3 million or more may not levy, | ||
| assess, or collect a countywide equalization tax. | ||
| SECTION 2. Section 45.002, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 45.002. MAINTENANCE TAXES. (a) Except as provided by | ||
| Subsection (b), the [ |
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| district, including the city council or commission that has | ||
| jurisdiction over a municipally controlled independent school | ||
| district, the governing board of a rural high school district, and | ||
| the commissioners court of a county, on behalf of each common school | ||
| district under its jurisdiction, may levy, assess, and collect | ||
| annual ad valorem taxes for the further maintenance of public | ||
| schools in the district, subject to Section 45.003. | ||
| (b) The county board of education or board of county school | ||
| trustees in a county with a population of 3.3 million or more may | ||
| not levy, assess, or collect annual ad valorem taxes for the | ||
| maintenance of a public school. | ||
| SECTION 3. Section 11.305, Education Code, as added by this | ||
| Act, and Section 45.002, Education Code, as amended by this Act, | ||
| apply beginning with the 2017 tax year. Notwithstanding Section | ||
| 11.305, Education Code, as added by this Act, or Section 45.002, | ||
| Education Code, as amended by this Act, a county board of education | ||
| or board of county school trustees may collect annual ad valorem | ||
| taxes levied or assessed for the 2016 or an earlier tax year. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
