Texas Education Code - Section 42.302. Allotment
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§ 42.302. ALLOTMENT. (a) Each school district is
guaranteed a specified amount per weighted student in state and
local funds for each cent of tax effort over that required for the
district's local fund assignment up to the maximum level specified
in this subchapter. The amount of state support, subject only to
the maximum amount under Section 42.303, is determined by the
formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment under Section
42.158, and 50 percent of the adjustment under Section 42.102, by
the basic allotment for the applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is 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, or, if
applicable, under Section 42.2521, divided by 100.
(a-1) In this section, "wealth per student" has the meaning
assigned by Section 41.001. For purposes of Subsection (a), the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort ("GL") for a school district
is:
(1) the amount of district tax revenue per weighted
student per cent of tax effort available to a district at the 88th
percentile in wealth per student, as determined by the commissioner
in cooperation with the Legislative Budget Board, for the
district's maintenance and operations tax effort equal to or less
than the rate equal to the product of the state compression
percentage, as determined under Section 42.2516, multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year;
(2) the amount of district tax revenue per weighted
student per cent of tax effort available to the Austin Independent
School District, as determined by the commissioner in cooperation
with the Legislative Budget Board, for the first six cents by which
the district's maintenance and operations tax rate exceeds the rate
equal to the product of the state compression percentage, as
determined under Section 42.2516 and notwithstanding the
limitation on district enrichment tax rate ("DTR") under Section
42.303, multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year; and
(3) $31.95, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (2).
(a-2) The limitation on district enrichment tax rate
("DTR") under Section 42.303 does not apply to the district's
maintenance and operations tax effort described by Subsection
(a-1)(2).
Text of subsec. (a-3) effective until September 1, 2009
(a-3) Subsection (a-1) applies beginning with the 2008-2009
school year. For the 2006-2007 and 2007-2008 school years, the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort ("GL") for a school district
is the level specified by Subsection (a-1), except that:
(1) Subsection (a-1)(2) applies only to the first four
cents by which the district's maintenance and operations tax rate
exceeds the rate equal to the product of the state compression
percentage, as determined under Section 42.2516, multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year;
(2) Subsection (a-1)(3) applies to the district's
maintenance and operations tax effort that exceeds the rate
described by Subdivision (1); and
(3) the limitation on district enrichment tax rate
("DTR") under Section 42.303 does not apply to the district's
maintenance and operations tax effort described by Subdivision (1).
Text of subsec. (a-4) effective until September 1, 2009
(a-4) Subsection (a-3) and this subsection expire September
1, 2009.
(b) In computing the district enrichment tax rate of a
school district, the total amount of maintenance and operations
taxes collected by the school district does not include the amount
of:
(1) the district's local fund assignment under Section
42.252; or
(2) taxes paid into a tax increment fund under Chapter
311, Tax Code.
(c) For purposes of this section, school district taxes for
which credit is granted under Section 31.035, 31.036, or 31.037,
Tax Code, are considered taxes collected by the school district as
if the taxes were paid when the credit for the taxes was granted.
(d) For purposes of this section, the total amount of
maintenance and operations taxes collected for an applicable school
year by a school district with alternate tax dates, as authorized by
Section 26.135, Tax Code, is the amount of taxes collected on or
after January 1 of the year in which the school year begins and not
later than December 31 of the same year.
(e) For purposes of this section, school district taxes for
which credit is granted under Subchapter D, Chapter 313, Tax Code,
are considered taxes collected by the school district as if the
taxes were paid when the credit for the taxes was granted.
(f) If a school district imposes a maintenance and
operations tax at a rate greater than the rate equal to the product
of the state compression percentage, as determined under Section
42.2516, multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year, the district is
entitled to receive an allotment under this section on the basis of
that greater tax effort.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 21, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 637, § 3, eff. Aug. 30, 1999;
Acts 1999, 76th Leg., ch. 396, § 1.20, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 320, § 1, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1187, § 2.09, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1187, § 2.10, eff. Sept. 1, 2002; Acts 2001, 77th
Leg., ch. 1505, § 8, eff. Jan. 1, 2002; Acts 2003, 78th Leg., ch.
1275, § 2(21), eff. Sept. 1, 2003; Acts 2006, 79th Leg., 3rd
C.S., ch. 5, § 1.08, eff. May 26, 2006.
Section: 42.255 42.257 42.258 42.259 42.260 42.261 42.301 42.302 42.303 42.304 42.352 42.4101 43.001 43.002 43.003
Last modified: August 10, 2007
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