Sec. 48.2553. PERMITTED TAX RATE FOR MAINTENANCE OF 2020-2021 SCHOOL YEAR BASIC ALLOTMENT. (a) Notwithstanding any other provision of this title or Chapter 26 , Tax Code, if the maximum amount of the basic allotment provided under Section 48.051 (a) or (b) for a school year is less than the maximum amount provided for the 2020-2021 school year, subject to Subsection (b), a school district may adopt a maintenance and operations tax rate that exceeds the maximum compressed tax rate permitted under Section 48.2551 , provided that: (1) the rate adopted by the district was previously approved by voters for a tax year subsequent to the 2005 tax year; and (2) the rate may not exceed the lesser of: (A) $1.17; or (B) the district's maximum compressed tax rate and the additional tax rate necessary to generate the amount of revenue equal to the difference in per student funding. (b) Before adopting a maintenance and operations tax rate under Subsection (a), a school district must receive approval from the agency. To receive approval from the agency under this subsection the district must submit the following information: (1) a statement detailing the loss of funding to the district that resulted from the decline in the maximum amount of the basic allotment provided under Section 48.051 (a) or (b); (2) the proposed additional tax effort and the amount of funding the proposed additional tax effort will generate; (3) evidence that the proposed additional tax effort described by Subdivision (2) had been previously authorized by voters subsequent to the 2005 tax year; and (4) any other information required by the commissioner. (c) The agency's approval of a district's tax rate under Subsection (b) expires at the end of each tax year. (d) Any additional tax effort by a school district authorized under this section is not: (1) eligible for funding under Subchapter B, C, or D; (2) eligible for the guaranteed yield amount of state funds under Section 48.202 ; or (3) subject to the limit on local revenue under Section 48.257 . (e) The commissioner shall reduce state aid or adjust the limit on local revenue under Section 48.257 in an amount equal to the amount of revenue generated by a school district's tax effort that is not in compliance with this section or Section 48.2551 . (f) This section does not apply to a school district to which Section 45.003 (f) applies.
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