By Park                                               H.B. No. 2025
       74R4708 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to voter approval of the imposition or increase of a state
    1-3  or local tax.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 101, Tax Code, is amended by adding
    1-6  Section 101.110 to read as follows:
    1-7        Sec. 101.110.  VOTER APPROVAL OF STATEWIDE TAX.  (a)  A
    1-8  general law enacted by the legislature that imposes a new tax that
    1-9  has statewide application may not take effect until approved by a
   1-10  majority of the registered voters voting in a statewide referendum
   1-11  held on the question of imposing the tax.  The referendum must
   1-12  describe the tax and specify the rate of the tax.
   1-13        (b)  A general law enacted by the legislature that increases
   1-14  the rate of a tax that has statewide application, or changes the
   1-15  tax, in a manner that results in an increase in the combined tax
   1-16  liability of all persons subject to the tax may not take effect
   1-17  until approved by a majority of the registered voters voting in a
   1-18  statewide referendum held on the question of increasing the tax.
   1-19  The referendum must describe the tax and specify the manner in
   1-20  which the proposed law would increase the combined tax liability of
   1-21  all persons subject to the tax.
   1-22        SECTION 2.  Chapter 301, Tax Code, is amended by adding
   1-23  Section 301.005 to read as follows:
   1-24        Sec. 301.005.  IMPOSITION OR INCREASE OF LOCAL TAX.  (a)  A
    2-1  political subdivision of this state may not impose a new tax unless
    2-2  the tax is approved by a majority of the registered voters of that
    2-3  political subdivision voting in an election held on the question of
    2-4  imposing the tax.  The election ballot must describe the tax and
    2-5  specify the rate of the tax.
    2-6        (b)  A political subdivision of this state may not increase
    2-7  the rate of a tax, other than an ad valorem tax, or change the tax,
    2-8  in a manner that results in an increase in the combined tax
    2-9  liability of all persons subject to the tax in that political
   2-10  subdivision unless the increase or change is approved by a majority
   2-11  of the registered voters of that political subdivision voting in an
   2-12  election held on the question of increasing the tax.  The election
   2-13  ballot must describe the tax and specify the manner in which the
   2-14  proposed change would increase the combined tax liability of all
   2-15  persons subject to the tax.
   2-16        (c)  An election under this section must be held on a uniform
   2-17  election date.  At least 30 days before the date of the election,
   2-18  the political subdivision shall send to each registered voter in
   2-19  the political subdivision information relating to the issue that
   2-20  contains a summary of the arguments for and against the issue.
   2-21        (d)  A political subdivision may impose or increase a tax in
   2-22  an emergency, and only for the period of the emergency, if the
   2-23  imposition or increase is approved by a vote of two-thirds of the
   2-24  governing body of the political subdivision.  The imposition or
   2-25  change must be voted on at the next uniform election date that
   2-26  occurs at least 45 days after the emergency action.  If the
   2-27  emergency action is not approved at the election, the political
    3-1  subdivision may not continue to impose the tax or collect the
    3-2  increased amount.
    3-3        (e)  This section applies to any tax imposed by a political
    3-4  subdivision of this state, other than an ad valorem tax, regardless
    3-5  of whether the law authorizing the imposition of this tax is
    3-6  governed by this code.
    3-7        (f)  Section 26.055 applies to the increase of an ad valorem
    3-8  tax.
    3-9        SECTION 3.  Chapter 26, Tax Code, is amended by adding
   3-10  Section 26.055 to read as follows:
   3-11        Sec. 26.055.  INCREASE OF AD VALOREM TAX.  (a)  An increase
   3-12  in the effective rate of an ad valorem tax that results in an
   3-13  increase in the total tax revenues from property on the tax roll in
   3-14  the preceding year or the elimination or a reduction of an
   3-15  exemption in a manner that results in an increase in the total ad
   3-16  valorem tax liability of a person subject to the exemption in that
   3-17  taxing unit may not take effect unless the increase or exemption
   3-18  change is approved by a majority of the registered voters of that
   3-19  taxing unit voting in an election held on the question of
   3-20  increasing the tax or changing the exemption.  The election may be
   3-21  held before or after the governing body officially adopts the tax
   3-22  rate or changes the exemption.  The election ballot must describe
   3-23  the tax and specify the rate of the tax or the manner in which the
   3-24  proposed change to the exemption would increase the total ad
   3-25  valorem tax liability of persons subject to the exemption.
   3-26        (b)  An election under this section must be held on a uniform
   3-27  election date.  At least 30 days before the date of the election,
    4-1  the taxing unit shall send to each registered voter in the taxing
    4-2  unit information relating to the issue that contains a summary of
    4-3  the arguments for and against the issue.
    4-4        (c)  A taxing unit may determine that an emergency exists and
    4-5  provide that an increase in the effective tax rate or a change in
    4-6  an exemption take effect if the increase or change is approved by a
    4-7  vote of two-thirds of the governing body of the taxing unit.  The
    4-8  increase or change must be voted on at the next uniform election
    4-9  date that occurs at least 45 days after the emergency action.  If
   4-10  the emergency action is not approved at the election, the taxing
   4-11  unit shall immediately repeal the emergency action and may not
   4-12  continue to collect the tax at the increased rate or collect the
   4-13  increased amount.
   4-14        SECTION 4.  Sections 26.045, 26.07, 26.08, and 26.085, Tax
   4-15  Code, are repealed.
   4-16        SECTION 5.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended,
   4-21  and that this Act take effect and be in force from and after its
   4-22  passage, and it is so enacted.