Texas § ED.48.267 - ADJUSTMENT BY COMMISSIONER

§ ED.48.267. ADJUSTMENT BY COMMISSIONER

ADJUSTMENT BY COMMISSIONER. (a) The commissioner may make adjustments to amounts due to a school district under this chapter or Chapter 46 , or to amounts necessary for a district to comply with the requirements of Chapter 49 , as provided by this section. (b) A school district that has a major taxpayer, as determined by the commissioner, that because of a protest of the valuation of the taxpayer's property fails to pay all or a portion of the ad valorem taxes due to the district may apply to the commissioner to have the district's taxable value of property or ad valorem tax collections adjusted for purposes of this chapter or Chapter 46 or 49 . The commissioner may make the adjustment only to the extent the commissioner determines that making the adjustment will not: (1) in the fiscal year in which the adjustment is made, cause the amount to which school districts are entitled under this chapter to exceed the amount appropriated for purposes of the Foundation School Program for that year; and (2) if the adjustment is made in the first year of a state fiscal biennium, cause the amount to which school districts are entitled under this chapter for the second year of the biennium to exceed the amount appropriated for purposes of the Foundation School Program for that year. (c) The commissioner shall recover the benefit of any adjustment made under this section by making offsetting adjustments in the school district's taxable value of property or ad valorem tax collections for purposes of this chapter or Chapter 46 or 49 on a final determination of the taxable value of property that was the basis of the original adjustment, or in the second school year following the year in which the adjustment is made, whichever is earlier. (d) This section does not require the commissioner to make any requested adjustment. A determination by the commissioner under this section is final and may not be appealed. Added by Acts 2001, 77th Leg., ch. 1156, Sec. 5, eff. Sept. 1, 2001. Transferred, redesignated and amended from Education Code, Section 42.2531 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3 ), Sec. 1.042, eff. September 1, 2019.