By:  Whitmire                                         S.B. No. 1614
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the granting, repeal, or reduction of local option
    1-2  residence homestead exemptions.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 11.13, Tax Code, is amended by adding a
    1-5  new Subsection (q) to read as follows:
    1-6        (q)  An exemption adopted as provided by Subsection (d) or
    1-7  (n) of this section may be reduced or repealed only if approved by
    1-8  a vote of both the governing body and the qualified voters of the
    1-9  taxing unit before May 1 by the following procedures:
   1-10              (1)  The governing body of the taxing unit must hold a
   1-11  public hearing on the proposed reduction or repeal.  The public
   1-12  hearing may not be held before the seventh day after the date the
   1-13  notice of the public hearing on the proposed reduction or repeal is
   1-14  given.  The hearing must be on a weekday that is not a public
   1-15  holiday.  The hearing must be held inside the boundaries of the
   1-16  unit in a publicly owned building or, if a suitable publicly owned
   1-17  building is not available, in a suitable building to which the
   1-18  public normally has access.  At the hearing, the governing body
   1-19  must afford adequate opportunity for proponents and opponents of
   1-20  the exemption reduction or repeal to present their views.
   1-21              (2)  The notice of a public hearing may not be smaller
   1-22  than one-quarter page of a standard-size or a tabloid-size
   1-23  newspaper, and the headline on the notice must be in 18-point or
    2-1  larger type.  The notice must contain a statement in the following
    2-2  form:
    2-3              "NOTICE OF PUBLIC HEARING ON ('REDUCTION' OR
    2-4        'REPEAL') OF HOMESTEAD EXEMPTION
    2-5              "The (name of taxing unit) will hold a public
    2-6        hearing on a proposal to ('reduce' or 'repeal')
    2-7        optional residence homestead exemptions.  All
    2-8        homeowners receiving this exemption will suffer tax
    2-9        increases as a direct result.  This action will shift
   2-10        the tax burden from other property owners to
   2-11        homeowners.
   2-12              "The public hearing will be held on (date and
   2-13        time) at (meeting place).
   2-14              "(Names of all members of the governing body,
   2-15        showing how each voted on the proposal to consider the
   2-16        tax increase or, if one or more were absent, indicating
   2-17        the absences.)"
   2-18              (3)  The notice may be delivered by mail to each
   2-19  property owner in the unit receiving such exemption according to
   2-20  the most current appraisal roll, or it may be published in a
   2-21  newspaper.  If the notice is published in a newspaper, it may not
   2-22  be in the part of the paper in which legal notices and classified
   2-23  advertisements appear.
   2-24              (4)  At the public hearing the governing body shall
   2-25  announce the date, time, and place of the meeting at which it will
    3-1  vote on the proposed reduction or repeal.  After the hearing it
    3-2  shall give notice of the meeting at which it will vote on the
    3-3  reduction or repeal, and the notice shall be in the same form as
    3-4  prescribed in Subdivisions (2) and (3) of this subsection, except
    3-5  that it must state the following:
    3-6              "NOTICE OF VOTE ON ('REDUCTION' OR 'REPEAL') OF
    3-7        HOMESTEAD EXEMPTION
    3-8              "The (name of taxing unit) held a public hearing
    3-9        on a proposal to ('reduce' or 'repeal') optional
   3-10        residence homestead exemptions.  All homeowners
   3-11        receiving this exemption will suffer tax increases as a
   3-12        direct result.  This action will shift the tax burden
   3-13        from other property owners to homeowners.
   3-14              "The (governing body of the taxing unit) is
   3-15        scheduled to vote on the ('reduction' or 'repeal') of
   3-16        this homestead exemption on (date and time) at (meeting
   3-17        place).
   3-18              "(Names of all members of the governing body,
   3-19        showing how each voted on the proposal to consider the
   3-20        tax increase or, if one or more were absent, indicating
   3-21        the absences.)"
   3-22              (5)  The meeting to vote on the exemption reduction or
   3-23  repeal may not be earlier than the third day nor later than the
   3-24  14th day after the date of the public hearing.  The meeting must be
   3-25  held inside the boundaries of the unit in a publicly owned building
    4-1  or, if a suitable publicly owned building is not available, in a
    4-2  suitable building to which the public normally has access.  If the
    4-3  governing body does not vote to reduce or repeal the exemption by
    4-4  the 14th day, it must give a new notice under Subdivision (4)
    4-5  before it may so vote.
    4-6              (6)  If the governing body votes to reduce or repeal
    4-7  the exemption, the qualified voters of the taxing unit at an
    4-8  election held for that purpose must approve that action.  The
    4-9  governing body shall order that the election be held in the taxing
   4-10  unit on a date not less than 30 nor more than 90 days after the day
   4-11  on which it voted to reduce or repeal the exemption.  A state law
   4-12  requiring local elections to be held on a specified date does not
   4-13  apply to the election unless a specified date falls within the time
   4-14  permitted by this subdivision.  At the election, the ballots shall
   4-15  be prepared to permit voting for or against the proposition:
   4-16  "('Reducing' or 'Repealing') the optional residence homestead
   4-17  exemption and increasing taxes on homeowners."
   4-18              (7)  If a majority of the qualified voters voting on
   4-19  the question in the election favor the proposition, the optional
   4-20  residence homestead exemption is reduced or repealed accordingly,
   4-21  beginning with the current tax year.  Such reduction or repeal
   4-22  shall remain in effect until a subsequent adoption, increase,
   4-23  reduction, or repeal of the exemption as provided by Subsection (d)
   4-24  or (n) of this section or by this subsection.
   4-25        SECTION 2.  SEVERABILITY.  If any provision of this Act or
    5-1  its application to any person or circumstance is held invalid, the
    5-2  invalidity does not affect other provisions or applications of this
    5-3  Act that can be given effect without the invalid provision or
    5-4  application, and to this end the provisions of this Act are
    5-5  declared to be severable.
    5-6        SECTION 3.  EFFECTIVE DATE.  This Act becomes effective
    5-7  September 1, 1995.
    5-8        SECTION 4.  EMERGENCY.  The importance of this legislation
    5-9  and the crowded condition of the calendars in both houses create an
   5-10  emergency and an imperative public necessity that the
   5-11  constitutional rule requiring bills to be read on three several
   5-12  days in each house be suspended, and this rule is hereby suspended.