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A BILL TO BE ENTITLED
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AN ACT
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relating to the alternate provisions for ad valorem tax rate |
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notices when the de minimis rate of a taxing unit exceeds the |
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voter-approval tax rate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.063, Tax Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) This subsection applies only to a taxing unit that is |
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not required to hold an election under Section 26.07 and for which |
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the qualified voters of the taxing unit may not petition to hold an |
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election under Section 26.075. In the notice required to be |
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provided by the taxing unit under Section 26.06(b-1) or (b-3), as |
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applicable, the taxing unit shall: |
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(1) add the following to the end of the list of rates |
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included in the notice: |
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"DE MINIMIS RATE $_______________ per $100"; |
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(2) substitute the following for the definition of |
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"voter-approval tax rate": "The voter-approval tax rate is the |
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highest tax rate that (name of taxing unit) may adopt without |
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holding an election to seek voter approval of the rate, unless the |
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de minimis rate for (name of taxing unit) exceeds the |
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voter-approval tax rate for (name of taxing unit)."; |
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(3) add the following definition of "de minimis rate": |
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"The de minimis rate is the rate equal to the sum of the |
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no-new-revenue maintenance and operations rate for (name of taxing |
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unit), the rate that will raise $500,000, and the current debt rate |
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for (name of taxing unit)."; and |
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(4) substitute the following for the provision that |
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provides notice that an election is required: "The proposed tax |
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rate is greater than the voter-approval tax rate but not greater |
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than the de minimis rate and does not exceed the rate that allows |
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voters to petition for an election under Section 26.075, Tax Code. |
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If (name of taxing unit) adopts the proposed tax rate, (name of |
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taxing unit) is not required to hold an election so that the voters |
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may accept or reject the proposed tax rate and the qualified voters |
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of the (name of taxing unit) may not petition the (name of taxing |
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unit) to require an election to be held to determine whether to |
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reduce the proposed tax rate.". |
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SECTION 2. The change in law made by this Act applies only |
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to a tax rate notice that is provided by a taxing unit on or after |
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the effective date of this Act. A tax rate notice that is provided |
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by a taxing unit before the effective date of this Act is governed |
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by the law in effect on the date the notice is provided, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |