H.B. No. 155 1-1 AN ACT 1-2 relating to submission and publication of ad valorem tax rates. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 26, Tax Code, is amended by adding 1-5 Section 26.052 to read as follows: 1-6 Sec. 26.052. SIMPLIFIED TAX RATE NOTICE FOR SMALL TAXING 1-7 UNITS. (a) This section applies only to a taxing unit for which 1-8 the total tax rate proposed for the current tax year: 1-9 (1) is five cents or less on each $100 valuation of 1-10 taxable property; 1-11 (2) would impose taxes of $150,000 or less when 1-12 applied to the total taxable value of property taxable by the 1-13 taxing unit according to the appraisal roll for the current tax 1-14 year; and 1-15 (3) is greater than 103 percent of the effective tax 1-16 rate calculated as provided by Section 26.04. 1-17 (b) A taxing unit to which this section applies is exempt 1-18 from the publication requirements of Section 26.04(e) and is not 1-19 subject to an injunction under Section 26.04(g) for failure to 1-20 comply with those publication requirements. 1-21 (c) A taxing unit to which this section applies may provide 1-22 public notice of its proposed tax rate in either of the following 1-23 methods not later than the seventh day before the date on which the 1-24 tax rate is adopted: 2-1 (1) mailing a notice of the proposed tax rate to each 2-2 owner of taxable property in the taxing unit; or 2-3 (2) publishing notice of the proposed tax rate in the 2-4 legal notices section of a newspaper having general circulation in 2-5 the taxing unit. 2-6 (d) A taxing unit that provides notice of a proposed tax 2-7 rate under Subsection (c) is exempt from Sections 26.05(d) and 2-8 26.06 and is not subject to an injunction under Section 26.05(e) 2-9 for failure to comply with Section 26.05(d). A taxing unit that 2-10 provides notice of a proposed tax rate under Subsection (c) may not 2-11 adopt a tax rate that exceeds the rate set out in the notice unless 2-12 the taxing unit provides additional notice under Subsection (c) of 2-13 the higher rate or complies with Sections 26.05(d) and 26.06 in 2-14 adopting the higher rate. 2-15 (e) Public notice provided under Subsection (c) must 2-16 specify: 2-17 (1) the tax rate that the governing body proposes to 2-18 adopt; 2-19 (2) the date, time, location of the meeting of the 2-20 governing body of the taxing unit at which the governing body will 2-21 consider adopting the proposed tax rate; and 2-22 (3) if the proposed tax rate for the taxing unit 2-23 exceeds 103 percent of the unit's effective tax rate calculated as 2-24 provided by this chapter, a statement substantially identical to 2-25 the following: "The proposed tax rate would increase total taxes 2-26 in (name of taxing unit) by (percentage by which the proposed tax 2-27 rate exceeds the effective tax rate)." 3-1 SECTION 2. Section 26.04(e), Tax Code, is amended to read as 3-2 follows: 3-3 (e) By August 7 or as soon thereafter as practicable, the 3-4 designated officer or employee shall submit the rates to the 3-5 governing body. He shall deliver by mail to each property owner in 3-6 the unit or publish in a newspaper in the form prescribed by the 3-7 comptroller: 3-8 (1) the effective tax rate, the rollback tax rate, and 3-9 an explanation of how they were calculated; 3-10 (2) the estimated amount of interest and sinking fund 3-11 balances and the estimated amount of maintenance and operation or 3-12 general fund balances remaining at the end of the current fiscal 3-13 year that are not encumbered with or by corresponding existing debt 3-14 obligation, except that for a school district, estimated funds 3-15 necessary for the operation of the district prior to the receipt of 3-16 the first state education aid payment in the succeeding school year 3-17 shall be subtracted from the estimated fund balances; 3-18 (3) a schedule of the unit's debt obligations showing: 3-19 (A) the amount of principal and interest that 3-20 will be paid to service the unit's debts in the next year from 3-21 property tax revenue, including payments of lawfully incurred 3-22 contractual obligations providing security for the payment of the 3-23 principal of and interest on bonds and other evidences of 3-24 indebtedness issued on behalf of the unit by another political 3-25 subdivision; 3-26 (B) the amount by which taxes imposed for debt 3-27 are to be increased because of the unit's anticipated collection 4-1 rate; and 4-2 (C) the total of the amounts listed in 4-3 Paragraphs (A)-(B), less any amount collected in excess of the 4-4 previous year's anticipated collections certified as provided in 4-5 Subsection (b) of this section; and 4-6 (4) the amount of additional sales and use tax revenue 4-7 anticipated in calculations under Section 26.041 of this code. 4-8 SECTION 3. The importance of this legislation and the 4-9 crowded condition of the calendars in both houses create an 4-10 emergency and an imperative public necessity that the 4-11 constitutional rule requiring bills to be read on three several 4-12 days in each house be suspended, and this rule is hereby suspended, 4-13 and that this Act take effect and be in force from and after its 4-14 passage, and it is so enacted.