1-1  By:  Whitmire                                         S.B. No. 1614
    1-2        (In the Senate - Filed March 22, 1995; March 23, 1995, read
    1-3  first time and referred to Committee on Finance; April 7, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 9, Nays 0; April 7, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 1614                   By:  Brown
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to the repeal or the reduction of the amount of certain
   1-10  residence homestead exemptions from ad valorem taxation.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subsection (f), Section 11.13, Tax Code, is
   1-13  amended to read as follows:
   1-14        (f)  Once authorized, an exemption adopted as provided by
   1-15  Subsection (d) of this section may be <repealed or decreased or>
   1-16  increased in amount by the governing body of the taxing unit or by
   1-17  the procedure authorized by Subdivision (2) of Subsection (d) of
   1-18  this section and may be repealed or reduced in amount only in the
   1-19  manner prescribed by Section 11.135.  In the case of a decrease,
   1-20  the amount of the exemption may not be reduced to less than $3,000
   1-21  of the market value.
   1-22        SECTION 2.  Subchapter B, Chapter 11, Tax Code, is amended by
   1-23  adding Section 11.135 to read as follows:
   1-24        Sec. 11.135.  REPEAL OR REDUCTION OF AMOUNT OF CERTAIN
   1-25  RESIDENCE HOMESTEAD EXEMPTIONS.  (a)  The governing body of a
   1-26  taxing unit may not repeal or reduce the amount of an exemption
   1-27  adopted under Section 11.13(d) or (n) without first receiving a
   1-28  majority vote in favor of the repeal or reduction at an election
   1-29  held in the taxing unit.  Before calling the election, the
   1-30  governing body must hold a public hearing on the repeal or
   1-31  reduction.  The governing body must give notice of the hearing not
   1-32  later than the seventh day before the date the hearing is held.
   1-33        (b)  The notice of the hearing may not be smaller than
   1-34  one-quarter page of a standard-size or a tabloid-size newspaper,
   1-35  and the headline on the notice must be in 18-point or larger type.
   1-36  The notice must be in the following form:
   1-37           "NOTICE OF PUBLIC HEARING ON (REPEAL OR REDUCTION
   1-38              OF AMOUNT) OF RESIDENCE HOMESTEAD EXEMPTION
   1-39              The (name of taxing unit) will hold a public
   1-40        hearing on a proposal to (repeal or reduce the amount
   1-41        of) the residence homestead exemption authorized by
   1-42        (Section 11.13(d) or (n), Tax Code).  Homeowners
   1-43        receiving this exemption will suffer a tax increase if
   1-44        the exemption is repealed or reduced.  Repeal or
   1-45        reduction of the amount of the exemption will shift the
   1-46        tax burden from other property owners to homeowners.
   1-47              The public hearing will be held on (date and
   1-48        time) at (meeting place).
   1-49              (Name of each member of the governing body,
   1-50        showing how the member voted on the motion to consider
   1-51        the repeal or reduction of the amount of the exemption
   1-52        or that the member was absent.)"
   1-53        (c)  The notice shall be:
   1-54              (1)  delivered by mail to each property owner in the
   1-55  taxing unit receiving the exemption according to the current
   1-56  appraisal roll; or
   1-57              (2)  published in a part of a newspaper other than the
   1-58  part in which legal notices and classified advertisements appear.
   1-59        (d)  The hearing must be held:
   1-60              (1)  on a weekday that is not a holiday; and
   1-61              (2)  in the taxing unit in a publicly owned building
   1-62  or, if a suitable publicly owned building is not available, in a
   1-63  suitable building to which the public normally has access.
   1-64        (e)  At the hearing, the governing body shall:
   1-65              (1)  afford adequate opportunity for proponents and
   1-66  opponents of the repeal or reduction to present their views; and
   1-67              (2)  announce the date, time, and place of the meeting
   1-68  at which it will vote on the repeal or reduction.
    2-1        (f)  After the hearing, the governing body shall give notice
    2-2  of the meeting at which it will vote to repeal or reduce the amount
    2-3  of the exemption.  The notice of the meeting may not be smaller
    2-4  than one-quarter page of a standard-size or a tabloid-size
    2-5  newspaper, and the headline on the notice must be in 18-point or
    2-6  larger type.  The notice must be in the following form:
    2-7            "NOTICE OF VOTE TO (REPEAL OR REDUCE) RESIDENCE
    2-8                          HOMESTEAD EXEMPTION
    2-9              The (name of taxing unit) held a public hearing
   2-10        on a proposal to (repeal or reduce) the residence
   2-11        homestead exemption authorized by (Section 11.13(d) or
   2-12        (n), Tax Code).  Homeowners receiving this exemption
   2-13        will suffer a tax increase if the exemption is repealed
   2-14        or reduced in amount.  Repeal or reduction of the
   2-15        amount of the exemption will shift the tax burden from
   2-16        other property owners to homeowners.
   2-17              The (governing body of the taxing unit) is
   2-18        scheduled to vote to (repeal or reduce the amount of)
   2-19        the homestead exemption on (date and time) at (meeting
   2-20        place).
   2-21              (Name of each member of the governing body,
   2-22        showing how the member voted on the motion to repeal or
   2-23        reduce the amount of the exemption or that the member
   2-24        was absent.)"
   2-25        (g)  The meeting to vote to repeal or reduce the amount of
   2-26  the exemption may not be held earlier than the third day or later
   2-27  than the 14th day after the date of the public hearing.  The
   2-28  meeting must be held in the taxing unit in a publicly owned
   2-29  building or, if a suitable publicly owned building is not
   2-30  available, in a suitable building to which the public normally has
   2-31  access.  If the governing body does not vote to repeal or reduce
   2-32  the amount of the exemption before the 15th day after the date of
   2-33  the public hearing, it must give a new notice under Subsection
   2-34  (e)(2) before it may vote on the repeal or reduction.
   2-35        (h)  If the governing body votes to repeal or reduce the
   2-36  amount of the exemption, the governing body shall order the
   2-37  election to be held in the taxing unit on a date not less than 30
   2-38  or more than 90 days after the date on which it voted to repeal or
   2-39  reduce the amount of the exemption.  At the election, the ballots
   2-40  shall be prepared to permit voting for or against the proposition:
   2-41  "(Repealing or reducing to $____ or ____ percent) the residence
   2-42  homestead exemption authorized by (Section 11.13(d) or (n), Tax
   2-43  Code) and increasing taxes on homeowners."
   2-44        (i)  If a majority of the votes cast in the election favor
   2-45  the proposition, the repeal or reduction in the amount of the
   2-46  residence homestead exemption takes effect on January 1 of the
   2-47  succeeding year.
   2-48        SECTION 3.  This Act takes effect September 1, 1995.
   2-49        SECTION 4.  The importance of this legislation and the
   2-50  crowded condition of the calendars in both houses create an
   2-51  emergency and an imperative public necessity that the
   2-52  constitutional rule requiring bills to be read on three several
   2-53  days in each house be suspended, and this rule is hereby suspended.
   2-54                               * * * * *