HBA-MPM H.B. 1568 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1568
By: Keffer
Public Education
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Current law gives the commissioner of education (commissioner) authority to
determine property losses for independent school districts (ISDs) under
Chapter 41 (Equalized Wealth Level), Education Code.  For all other ISDs,
the commissioner has the ability to determine property value losses if they
are more than four percent.  The comptroller of public accounts has
recently released numbers which indicate that $154 million will be lost as
a result of declining oil prices, $60 million of which will be in West
Texas.  Property value losses affect ISDs' budgets in all matters, such as
salaries, employee benefits, programs, curriculum, and facilities.
Additionally, students may leave these ISDs because their parents lose
jobs, which is a concern because the state allocates dollars to ISDs based
on the number of students enrolled per district. 

H.B. 1568 eliminates the four percent cap, thus allowing the commissioner
to determine losses and total losses for ISDs other than those under
Chapter 41 that lose property value for Tier I and Tier II purposes,
respectively (Tier I is the base-level support that all but certain schools
receive, and Tier II is the level of the foundation program that the state
supports based on an ISD's tax effect over and above Tier I).   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.252(e), Education Code, to require the
commissioner of education (commissioner) to adjust the DPV of a school
district that experiences a decline from the preceding year in its taxable
value used to calculate its local fund assignment by the amount of the
decline. Provides that this adjustment may be paid only from funds
appropriated for that purpose, and that the adjustment does not affect the
local fund assignment of any other district.  Applies this subsection to
determinations by the commissioner in identifying districts with wealth per
student exceeding the equalized wealth level under Section 41.004 (Annual
Review of Property Wealth), Education Code.  Deletes existing text
requiring the commissioner to hear appeals from districts that have
experienced a rapid decline in tax base and authorizing the commissioner to
adjust the district's taxable values for local fund assignment purposes.
Further deletes the specification that the commissioner's decision is
final.  Makes nonsubstantive changes.   

"DPV" is defined in Section 42.252 (Local Share of Program Cost (Tier
One)), Education Code, as the taxable value of property in the district for
the preceding tax year determined under Subchapter M (Study of School
District Property Values, Comptroller of Public Accounts), Government Code. 

SECTION 2.  Amends Section 42.302, Education Code, by adding subsection
(e), as follows: 

(e)  Requires the commissioner, in determining a district's "DTR" and "LR,"
to adjust by the amount of the decline the taxable value of a district that
experiences a decline from the preceding year in its taxable value of
property determined under Subchapter M, Chapter 403 (Study of School
District Property Values, Comptroller of Public Accounts), Government Code.
Specifies that this adjustment may be paid only from funds appropriate for
that  purpose, and the adjustment does not affect the GYA of any other
district.   

"DTR" is defined in Section 42.302 (Allotment), Education Code, as the
district enrichment and facilities tax rate of the district, which is
determined by subtracting the amount specified by Subsection (b) (regarding
exceptions to the computation of the "DTR") from the total amount of taxes
collected by the district for the applicable school year, dividing the
difference by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code.  "LR" is
defined in this section as the local revenue, which is determined by
multiplying "DTR" by the quotient of the district's taxable value of
property as determined under Subchapter M, Chapter 403, Government Code,
and "GYA" is defined as the guaranteed yield amount of state funds to be
allocated to the district.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.