School plan revised; proposed state property tax dropped

 

07:13 AM CDT on Thursday, April 29, 2004

By TERRENCE STUTZ / The Dallas Morning News

AUSTIN – House leaders, responding to a storm of criticism, on Wednesday reworked their plan to overhaul the Texas school finance system, dropping a proposed state property tax and expansion of the sales tax to a long list of services.

 

The revisions came less than 24 hours after the funding plan was presented to a House committee and followed a series of meetings among House members that began Tuesday night and continued through Wednesday.

 

"Everybody went nuts when they saw it," one lawmaker, speaking on condition of anonymity, said of reaction to the plan. The lawmaker said opposition came from several business and professional groups and a large number of House members.

 

A new plan circulated in the House on Wednesday retained a proposed payroll tax and increases in the sales and motor vehicle taxes – all at higher rates than earlier versions – as well as an increase in the state cigarette tax and new revenue from legalization of video gambling machines.

 

But gone for the time being is expansion of the state sales tax to numerous services that are now exempt, including haircuts and legal, accounting and real estate services.

 

Auto repairs, carwashes and amusement tickets, however, remain on the list of items that would be newly subject to sales taxes under the plan.

 

Also scrapped was a proposed state property tax of $1 per $100 valuation that would have eliminated "Robin Hood" sharing of property taxes by high-wealth school districts immediately.

 

The new plan retains a local school property tax rate capped at $1.05, with districts allowed to go up 10 cents over the next five years. Because of property-wealth disparities, at least 20 high-wealth districts would still have to share their tax revenues with lower-wealth districts under the plan.

 

In addition, the maximum property tax rate would be cut 45 cents instead of 50 cents as originally proposed. That would bring the typical homeowner a reduction of about 30 percent in school property taxes.

 

House Speaker Tom Craddick, R-Midland, said the House Select Committee on Public School Finance would begin voting on the school finance bill and a companion constitutional amendment today. The special session on education began April 20.

 

"I believe the bill provides significant property tax relief to Texas property owners. And I believe that the funding solutions detailed in the bill are solid," Mr. Craddick said.

 

'Ultimate Robin Hood'

 

Rep. Kenny Marchant, R-Coppell, was among the House members who objected to the state property tax and the expansion of the state sales tax to numerous services.

 

"With the other new business [payroll] tax in the proposal, I felt it was a double whammy for businesses," Mr. Marchant said. "It would be too much of a tax burden."

 

Rep. Dan Branch, R-Dallas, said a state property tax would be the "ultimate Robin Hood" system because all residential and business property taxes for schools would go to the state.

 

Mr. Branch, whose legislative district includes Highland Park, said the new plan would leave some revenue sharing by perhaps 20 property-wealthy districts. But the 134 other districts would no longer have to share.

 

Negotiations were continuing Wednesday evening as committee members sought support from Democrats and Republicans on the 29-member panel.

 

Actual new money for schools would be only about $1.35 billion a year under the proposal. Most of that is expected to be used to create new financial incentives for schools – including bonuses for the best teachers in Texas.

 

Highlights of the revised plan include:

• A half-percent increase in the state sales tax, raising it from 6.25 percent to 6.75 percent; and a 1.5 percent increase in the motor vehicle sales tax that would boost the rate from 6.25 percent to 7.75 percent.

• A new state payroll tax would replace the current business franchise tax. All for-profit employers would be charged 1.25 percent of annual wages or $500 per employee – whichever is less.

• A $1 increase in the state cigarette tax, to $1.41 per pack, and a slight increase in the state tax on smokeless tobacco. The cigarette tax increase would raise about $700 million a year.

• Legalization of video gambling machines at seven dog and horse tracks in the state and on three American Indian reservations. The maximum 40,000 slot machines that would be authorized could generate revenues of $1.5 billion a year.

 

Other increases

 

Other tax and fee increases include a $1 surcharge on all amusement tickets and expansion of the state sales tax to Internet access services and on newspapers and magazines.

 

The new payroll tax on business would generate about $3.4 billion a year, but the net gain to the state would be only $1.5 billion after the business franchise tax is abolished. The franchise tax, which is paid only by about one is six businesses because of loopholes and exemptions, generates nearly $1.9 billion a year.

 

A constitutional amendment, which requires a two-thirds vote of the House and Senate, would be required for legalization of video gambling machines.

 

Under a separate funding distribution plan unveiled last week by House leaders, all school districts would be guaranteed a minimum funding increase of 2 percent – regardless of their property wealth – in the 2005-06 school year.

 

Lawmakers are under pressure to reform the school finance system, which is under a court challenge from scores of school districts that contend the system is underfunded by the state. In addition, hundreds of districts are at or near the $1.50 property tax limit for operating expenses, forcing them to cut programs and other expenses in recent years.

 

E-mail tstutz@dallasnews.com