By J. Lyn Carl, GalleryWatch.com
Austin, TX –
Some of the more spirited debate on HB 3, the property tax relief bill being heard on the House floor today, came on an amendment offered by Rep. Sylvester Turner (D-Houston).
Turner's proposed amendment addresses a buy-down provision in the bill that relates to the distribution of increases in available state revenue for school district tax reduction. Turner urged members to take into consideration first the funding of the state's public education system - and to put that in writing in the bill - and then to address using remaining available revenues for possible property tax relief.
Under HB 3 provisions, the state would put excess revenue into a fund for a buy-down until a $1 per $100 valuation property tax rate is achieved, according to HB 3 author Rep. Jim Keffer (R-Eastland). When that $1 rate is achieved, he explained, 15 percent of available funds will be used to reduce the rate to 75 cents.
Turner took exception to money being appropriated before some members of the Legislature in the future might even take office. Thus, his amendment would ensure that money for a constitutional system of public school finance be backed out of the available state revenue figure before the increase in available state revenue figure is determined.
"If the legislature is not willing to put in a valid constitutional public education system," argued Turner, "it says to me the legislature is prepared to default on the constitutional provision, and that we are not prepared to put in writing that we want a constitutional, valid system."
"If someone is not willing to put it in writing, then don't you buy it."
Turner said the fact that the legislature is not willing to put that provision into writing "says to me loud and clear that we are not concerned about having a valid constitutional system" so that the public school students in Texas "get the system they deserve."
Arguing for his amendment with Rep. Dan Branch (R-Dallas), Turner noted, "Representative Branch, you tell me what's wrong with it."
"I think your amendment is unconstitutional," replied Branch. He also took exception to what he described Turner's amendment as doing - allowing the state comptroller to "make a decision, and tell us - the legislature - how to appropriate the funds."
"Your argument is disingenuous," said Turner. He said the bill tells the comptroller to determine the available state revenue, adding that if the money for a valid, constitutional public school system is not factored in, the amount that can be spent will be restricted. "Your argument does not hold water," he told Branch.
"You're trying to shift the appropriation responsibility to the comptroller," argued Branch. "It's our duty and obligation in the constitution. We may want to have a buy-down and have state funds come from elsewhere."
"What's wrong with putting in HB 3 that we simply want to maintain a constitutional, valid system?" asked Turner, his voice reaching a crescendo. "It's smoke and mirrors," he said of HB 3.
Joining the fray was Rep. Craig Eiland (D-Galveston), who asked Turner if he was "trying to take a bad policy and make it somewhat better.
"This body has for some reason decided to keep bad policy and keep sucking off new money that we should put in the education system of the state, and (instead) put it into property tax relief." Eiland said the time may come when the state will need all of the available funds for other items, such as protective services, or school facilities, etc. Saying legislators sometimes don't know those needs until after they are sworn in, Eiland said the language of HB 3 could limit the amount of money the legislature has to appropriate.
Turner argued that if 15 percent is taken "off the top" of available state revenue, the legislature may then not even be in a position to alter that. "I'm not against property tax reduction," he said, but added that "before the legislature even speaks," the comptroller will be taking 15 percent of the funds.
Arguing the state would thus lose 15 percent of available funds for appropriation, Turner closed by adding, "HB 3 is not only bad policy, but I believe it will be constitutionally challenged. It will keep us in the courts as it relates to school finance."
Turner's proposed amendment was tabled.