Sec. 48.257. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT. (a) Subject to Subsection (b), if a school district's tier one local share under Section 48.256 exceeds the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund, the district must reduce the district's tier one revenue level in accordance with Chapter 49 to a level not to exceed the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund.
(b) This subsection applies only to a school district to which Subsection (a) applies. If a district's maintenance and operations tax collections from the tax rate described by Section 45.0032(a) for the current tax year minus the required reduction in a district's tier one revenue level under Subsection (a) results in an amount that is less than the amount of the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund, the agency shall adjust the amount of the reduction required in the district's tier one revenue level under Subsection (a) up to the amount of local funds necessary for the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund.
(c) For purposes of Subsection (a), state aid to which a district is entitled under this chapter that is not described by Section 48.266(a)(3) may offset the amount by which a district must reduce the district's revenue level under this section. Any amount of state aid used as an offset under this subsection shall reduce the amount of state aid to which the district is entitled.
(d) Except as provided by Subsection (e), a school district is entitled to retain the total amount of the district's tier two local share described by Section 48.266(a)(5)(A).
(e) In any school year for which the amount of state funds appropriated specifically excludes the amount necessary to provide the dollar amount guaranteed level of state and local funds per weighted student per cent of tax effort under Section 48.202(a-1)(1), a district may only retain the amount of the district's tier two local share described by Section 48.266(a)(5)(A) equal to the amount of revenue that would be generated based on the amount appropriated for the dollar amount guaranteed level of state and local funds.
(f) If the amount of a school district's tier two local share described by Section 48.266(a)(5)(B) to which a district is entitled exceeds the amount described by Section 48.202(a-1)(2), the district must reduce the district's revenue in accordance with Chapter 49 to a level not to exceed the amount described by Section 48.202 (a-1)(2).
(g) For a district to which Section 45.003(f) applies, revenue generated from any cents of maintenance and operations tax effort that exceeds the maximum rate permitted under Section 45.003(d) is subject to the revenue limit established under Subsection (f).
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.041, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 35, eff. September 1, 2021.
Structure Texas Statutes
Subtitle I - School Finance and Fiscal Management
Chapter 48 - Foundation School Program
Subchapter F. Financing the Program
Section 48.251. Financing; General Rule
Section 48.252. School District Entitlement for Certain Students
Section 48.253. Additional State Aid for Tax Increment Financing Payments
Section 48.254. Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act
Section 48.2541. Additional State Aid for Certain Ad Valorem Tax Refunds
Section 48.2543. Additional State Aid for Homestead Exemption
Section 48.255. State Compression Percentage
Section 48.2551. Maximum Compressed Tax Rate
Section 48.2552. Limitation on Maximum Compressed Rate
Section 48.2553. Permitted Tax Rate for Maintenance of 2020-2021 School Year Basic Allotment
Section 48.256. Local Share of Program Cost (Tier One)
Section 48.257. Local Revenue Level in Excess of Entitlement
Section 48.258. Adjustment for Rapid Decline in Taxable Value of Property
Section 48.259. Adjustment for Optional Homestead Exemption
Section 48.260. Adjustment for Property Value Affected by State of Disaster
Section 48.261. Reimbursement for Disaster Remediation Costs
Section 48.2611. One-Time Reimbursement for Winter Storm Uri
Section 48.262. Adjustments for Certain Districts Receiving Federal Impact Aid
Section 48.263. Adjustment for District Operating Pilot Program
Section 48.264. Adjustment for Certain Districts With Early High School Graduation Programs
Section 48.2642. Adjustments for Texas First Early High School Completion Program Graduates
Section 48.265. Excess Funds for Video Surveillance of Special Education Settings
Section 48.266. Distribution of Foundation School Fund
Section 48.267. Adjustment by Commissioner
Section 48.269. Estimates Required
Section 48.270. Falsification of Records; Report
Section 48.271. Effect of Appraisal Appeal
Section 48.272. Recovery of Overallocated Funds
Section 48.2721. Recovery of Funds From Excessive Taxation
Section 48.273. Foundation School Fund Transfers
Section 48.274. Foundation School Fund Transfers to Certain Charter Schools
Section 48.275. Use of Certain Funds
Section 48.277. Formula Transition Grant
Section 48.278. Equalized Wealth Transition Grant
Section 48.279. Maintenance of State Financial Support for Special Education
Section 48.281. Maintenance of Effort and Equity for Federal Money Related to Covid-19 Pandemic