Guillen Tax Increment Bill Has The State Backfill School Districts

The text as introduced · 474 words

89R699 LHC-F

By: Guillen
H.B. No. 2878

A BILL TO BE ENTITLED

AN ACT

relating to the use of revenue in the tax increment fund for certain

tax increment financing reinvestment zones for the acquisition,

construction, or reconstruction of an educational facility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 311, Tax Code, is amended by adding

Section 311.0086 to read as follows:

Sec. 311.0086. POWER OF MUNICIPALITIES AND COUNTIES IN

CERTAIN REINVESTMENT ZONES. (a) This section applies only to a

reinvestment zone:

(1) that was created by:

(A) a municipality after January 1, 2005; or

(B) a county after January 1, 2022;

(2) that is larger than 500 acres;

(3) that contains a tract of real property larger than

20 acres that was donated to a school district for the construction

of educational facilities to be owned by or on behalf of the school

district; and

(4) the board of directors of which has entered into a

written agreement with the governing body of the school district

requiring payment of all or part of the tax increment produced by

the school district into the tax increment fund for the zone.

(b) In addition to exercising the powers described by

Section 311.008, a municipality or county that created a

reinvestment zone to which this section applies or the board of

directors of a reinvestment zone to which this section applies may:

(1) enter into a new agreement or amend an existing

agreement with a school district located wholly or partly in the

zone to dedicate revenue from the tax increment fund for the zone to

the school district for acquiring, constructing, or reconstructing

an educational facility located in or outside of the zone; or

(2) contract with a school district located wholly or

partly in the zone to finance the construction of educational

facilities to be owned by or on behalf of the school district,

provided that the cost of the construction of the facilities and any

infrastructure serving the facilities is funded by the tax

increment generated by the school district.

SECTION 2. Section 48.253(a), Education Code, is amended to

read as follows:

(a) For each school year, a school district is entitled to

state aid in an amount equal to the amount the district is required

to pay into the tax increment fund for a reinvestment zone under

Section 311.0086 or 311.013(n), Tax Code.

SECTION 3. The change in law made by this Act to Section

48.253, Education Code, applies beginning with the 2025-2026 school

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, 2025.