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A BILL TO BE ENTITLED
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AN ACT
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relating to the calculation of the voter-approval tax rate of |
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certain junior college districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.012, Tax Code, is amended by adding |
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Subdivision (18-c) and amending Subdivision (19) to read as |
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follows: |
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(18-c) "Special junior college district" means a |
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junior college district: |
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(A) whose service area boundaries and taxing |
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district boundaries are identical; and |
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(B) that is located in at least one county |
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adjacent to an international border. |
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(19) "Special taxing unit" means: |
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(A) a taxing unit, other than a school district, |
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for which the maintenance and operations tax rate proposed for the |
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current tax year is 2.5 cents or less per $100 of taxable value; |
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(B) a junior college district, including a |
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special junior college district; or |
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(C) a hospital district. |
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SECTION 2. Section 26.04(c), Tax Code, is amended to read as |
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follows: |
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(c) After the assessor for the taxing unit submits the |
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appraisal roll for the taxing unit to the governing body of the |
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taxing unit as required by Subsection (b), an officer or employee |
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designated by the governing body shall calculate the no-new-revenue |
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tax rate and the voter-approval tax rate for the taxing unit, where: |
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(1) "No-new-revenue tax rate" means a rate expressed |
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in dollars per $100 of taxable value calculated according to the |
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following formula: |
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NO-NEW-REVENUE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY |
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LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) |
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; and |
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(2) "Voter-approval tax rate" means a rate expressed |
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in dollars per $100 of taxable value calculated according to the |
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following applicable formula: |
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(A) for a special taxing unit other than a |
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special junior college district: |
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VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND |
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OPERATIONS RATE x 1.08) + CURRENT DEBT RATE |
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; [or] |
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(B) for a special taxing unit that is a special |
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junior college district: |
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VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND |
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OPERATIONS RATE x 1.03) + CURRENT DEBT RATE |
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; or |
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(C) for a taxing unit other than a special taxing |
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unit: |
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VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND |
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OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED INCREMENT |
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RATE) |
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SECTION 3. Section 26.042(a), Tax Code, is amended to read |
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as follows: |
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(a) Notwithstanding Sections 26.04 and 26.041, the |
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governing body of a taxing unit other than a school district or a |
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special taxing unit may direct the designated officer or employee |
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to calculate the voter-approval tax rate of the taxing unit in the |
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manner provided for a special taxing unit other than a special |
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junior college district if any part of the taxing unit is located in |
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an area declared a disaster area during the current tax year by the |
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governor or by the president of the United States and at least one |
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person is granted an exemption under Section 11.35 for property |
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located in the taxing unit. The designated officer or employee |
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shall continue calculating the voter-approval tax rate in the |
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manner provided by this subsection until the earlier of: |
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(1) the first tax year in which the total taxable value |
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of property taxable by the taxing unit as shown on the appraisal |
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roll for the taxing unit submitted by the assessor for the taxing |
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unit to the governing body exceeds the total taxable value of |
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property taxable by the taxing unit on January 1 of the tax year in |
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which the disaster occurred; or |
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(2) the third tax year after the tax year in which the |
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disaster occurred. |
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SECTION 4. Section 26.075(b), Tax Code, is amended to read |
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as follows: |
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(b) This section applies to a taxing unit only in a tax year |
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in which the taxing unit's: |
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(1) de minimis rate exceeds the taxing unit's |
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voter-approval tax rate; and |
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(2) adopted tax rate is: |
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(A) equal to or lower than the taxing unit's de |
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minimis rate; and |
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(B) greater than the greater of the taxing |
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unit's: |
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(i) voter-approval tax rate calculated as |
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if the taxing unit were a special taxing unit other than a special |
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junior college district; or |
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(ii) voter-approval tax rate. |
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SECTION 5. This Act applies only to ad valorem taxes imposed |
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for an ad valorem tax year that begins on or after the effective |
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date of this Act. |
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SECTION 6. This Act takes effect January 1, 2024. |