Floor Packet Page No. 121
Amend CSHB 4 as follows:
(1) Add the following appropriately numbered sections to
read as follows:
SECTION ____. Section 26.05(d), Tax Code, is amended to read
as follows:
(d) The governing body may not adopt a tax rate that if
applied to the total taxable value would impose an amount of taxes
that exceeds last year's levy <exceeds the lower of the rollback
tax rate or 103 percent of the effective tax rate calculated as
provided by Section 26.04 of this code> until it has held a public
hearing <on the proposed increase> and has otherwise complied with
Section 26.06 <of this code.>. <The governing body of a taxing unit
shall reduce a tax rate set by law or by vote of the electorate to
the lower of the rollback tax rate or 103 percent of the effective
tax rate and may not adopt a higher rate unless it first complies
with Section 26.06 of this code.>
SECTION ____. Section 26.052, Tax Code, is repealed.
SECTION ____. Section 26.06(b), as amended by Chapters 456
and 947, Acts of the 70th Legislature, Regular Session, 1987, is
amended to read as follows:
(b) The notice of a public hearing may not be smaller than
one-quarter page of a standard-size or a tabloid-size newspaper,
and the headline on the notice must be in 18-point or larger type.
The notice must:
(1) contain a statement in the following form:
"NOTICE OF PUBLIC HEARING ON TAX <RATE> INCREASE
"The (name of the taxing unit) will hold a public hearing on
a proposal to increase total tax revenues from properties on the
tax roll <in (the preceding year)> by (percentage by which taxes to
be imposed under proposed tax rate exceed last year's levy <of
increase over the lower of the effective or rollback tax rates>)
percent. Your individual taxes may increase <at a greater or lesser
rate,> or <even> decrease, depending on the change in the taxable
value of your property in relation to the change in taxable value
of all other property and the tax rate that is adopted.
"The public hearing will be held on (date and time) at
(meeting place).
"(Names of all members of the governing body, showing how
each voted on the proposal to consider the <tax> increase in total
tax revenues or, if one or more were absent, <or> indicating the
absences.)"; and
(2) contain the following information:
(A) the unit's adopted tax rate for the
preceding year and the proposed tax rate, expressed as an amount
per $100;
(B) the difference, expressed as an amount per
$100 and as a percent increase or decrease, as applicable, in the
proposed tax rate compared to the adopted tax rate for the
preceding year;
(C) the average appraised value of a residence
homestead in the taxing unit in the preceding year and in the
current year; the unit's homestead exemption, other than an
exemption available only to disabled persons or persons 65 years of
age or older, applicable to that appraised value in each of those
years; and the average taxable value of a residence homestead in
the unit in each of those years, disregarding any homestead
exemption available only to disabled persons or persons 65 years of
age or older;
(D) the amount of tax that would have been
imposed by the unit in the preceding year on a residence homestead
appraised at the average appraised value of a residence homestead
in that year, disregarding any homestead exemption available only
to disabled persons or persons 65 years of age or older;
(E) the amount of tax that would be imposed by
the unit in the current year on a residence homestead appraised at
the average appraised value of a residence homestead in the current
year, disregarding any homestead exemption available only to
disabled persons or persons 65 years of age or older, if the
proposed tax rate is adopted; and
(F) the difference between the amounts of tax
calculated under Paragraphs (D) and (E) of this subdivision,
expressed in dollars and cents and described as the annual increase
or decrease, as applicable, in the tax to be imposed by the unit on
the average residence homestead in the unit in the current year if
the proposed tax rate is adopted.
SECTION ____. Sections 26.06(d), (e), and (g), Tax Code, are
amended to read as follows:
(d) At the public hearing the governing body shall announce
the date, time, and place of the meeting at which it will vote on
the proposed increase in total tax revenues <rate increase>. After
the hearing it shall give notice of the meeting at which it will
vote on the proposed increase in total tax revenues <rate> and the
notice shall be in the same form as prescribed by Subsections (b)
and (c) <of this section>, except that it must state the following.
"NOTICE OF VOTE ON TAX <RATE> INCREASE
"The (name of the taxing unit) conducted a public hearing on
a proposal to increase the total tax revenues of the (name of the
taxing unit) <your property taxes> by (percentage by which taxes to
be imposed under proposed tax rate exceed last year's levy <of
increase over the lower of the effective tax rate or rollback tax
rate>) percent on (date and time public hearing was conducted).
"The (governing body of the taxing unit) is scheduled to vote
on the tax rate that will result in that tax increase at a public
meeting to be held on (date and time) at (meeting place)."
(e) The meeting to vote on the increase may not be earlier
than the third day or later than the 14th day after the date of the
public hearing. The meeting must be held inside the boundaries of
the unit in a publicly owned building or, if a suitable publicly
owned building is not available, in a suitable building to which
the public normally has access. If the governing body does not
adopt a <an increased> rate that would impose an amount of taxes
that exceeds last year's levy by the 14th day, it must give a new
notice under Subsection (d) <of this section> before it may adopt a
rate that would impose an amount of taxes that exceeds last year's
levy <exceeds the tax rate calculated as provided by Section 26.04
of this code>.
(f) <g> The comptroller by rule shall prescribe the language
and format to be used in the part of the notice required by
Subsection (b)(2) <of this section>. A notice under Subsection (b)
is not valid if it does not substantially conform to the language
and format prescribed by the comptroller under this subsection.
(2) Renumber subsequent sections appropriately.