A school district may not levy maintenance taxes at a rate meant to create a surplus for debt service, but there are limited exceptions and an enforcement process.
Sec. 45.0021. RESTRICTION ON MAINTENANCE TAX LEVY. (a) A school district may not levy the district's maintenance taxes described by Section 45.002 at a rate intended to create a surplus in maintenance tax revenue for the purpose of paying the district's debt service. (b) A person who owns taxable property in a school district is entitled to an injunction restraining the collection of taxes by the district if the district adopts a maintenance tax rate in violation of Subsection (a). An action to enjoin the collection of taxes must be filed before the date the district delivers substantially all of the district's tax bills. (c) The agency shall: (1) develop a method to identify school districts that may have adopted a maintenance tax rate in violation of Subsection (a), which must include a review of data over multiple years; (2) for each school district identified under the method developed under Subdivision (1), investigate as necessary to determine whether the district has adopted a maintenance tax rate in violation of Subsection (a); (3) if the agency determines that a school district has adopted a maintenance tax rate in violation of Subsection (a): (A) order the district to comply with Subsection (a) not later than three years after the date of the order; and (B) assist the district in developing a corrective action plan that, to the extent feasible, does not result in a net increase in the district's total tax rate; and (4) post on the agency's Internet website a list of each school district the agency has determined to have adopted a maintenance tax rate in violation of Subsection (a). (d) The implementation of a corrective action plan under Subsection (c)(3)(B) does not prohibit a school district from increasing the district's total tax rate as necessary to achieve other legal purposes. (e) If a school district fails to take action under a corrective action plan developed under Subsection (c)(3)(B), the commissioner may reduce the district's entitlement under Chapter 48 by an amount equal to the difference between: (1) the amount of state and local funding the district received as a result of adopting a maintenance tax rate in violation of Subsection (a); and (2) the amount of state and local funding the district would have received if the district had not adopted a maintenance tax rate in violation of Subsection (a). (f) This section does not prohibit a school district from: (1) using a surplus in maintenance tax revenue to pay the district's debt service if: (A) the district's interest and sinking fund tax revenue is insufficient to pay the district's debt service due to circumstances beyond the district's control; and (B) the use of the surplus maintenance tax revenue to pay the district's debt service is necessary to prevent a default on the district's debt; (2) paying a portion of the district's maintenance tax revenue into the tax increment fund for a reinvestment zone under Chapter 311, Tax Code; or (3) using money disbursed from the tax increment fund for a reinvestment zone under Chapter 311, Tax Code, in accordance with the agreement entered into by the district with the governing body of the municipality or county that designated the zone under Section 311.013(f) of that code. Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.007, eff. September 1, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 20, eff. September 1, 2021.