75R9876 JD-D
By Smith H.B. No. 2044
Substitute the following for H.B. No. 2044:
By Craddick C.S.H.B. No. 2044
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice that a municipality must provide before holding
1-3 a public hearing on the adoption of an ad valorem tax increase.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.05(d), Tax Code, is amended to read as
1-6 follows:
1-7 (d) The governing body may not adopt a tax rate that exceeds
1-8 the lower of the rollback tax rate or 103 percent of the effective
1-9 tax rate calculated as provided by Section 26.04 of this code until
1-10 it has held a public hearing on the proposed increase and has
1-11 otherwise complied with Section 26.06 or 26.065 of this code. The
1-12 governing body of a taxing unit shall reduce a tax rate set by law
1-13 or by vote of the electorate to the lower of the rollback tax rate
1-14 or 103 percent of the effective tax rate and may not adopt a higher
1-15 rate unless it first complies with Section 26.06 or 26.065 of this
1-16 code.
1-17 SECTION 2. Chapter 26, Tax Code, is amended by adding
1-18 Section 26.065 to read as follows:
1-19 Sec. 26.065. NOTICE OF HEARING ON MUNICIPAL TAX INCREASE.
1-20 (a) Sections 26.05(b) and (c) do not apply to a municipality. The
1-21 governing body of a municipality required to hold a public hearing
1-22 by Section 26.05(d) shall:
1-23 (1) if the municipality operates a water or wastewater
1-24 utility system, include a copy of the notice with the utility bill
2-1 sent to customers of the utility system who reside in the
2-2 municipality;
2-3 (2) publish a notice of the public hearing in the
2-4 newspaper of general circulation in the municipality that has the
2-5 highest subscription rate in the municipality; and
2-6 (3) mail a copy of the notice to the household of each
2-7 person who voted in the most recent general election for municipal
2-8 officers conducted in the municipality, according to the voting
2-9 records of the municipality, if the person's household was not
2-10 mailed a copy of the notice under Subdivision (1).
2-11 (b) A notice required by Subsection (a)(2) may not be
2-12 smaller than one-quarter page of the standard-size page of the
2-13 newspaper in which the notice is required to be published, and the
2-14 headline on the notice must be in 18-point or larger type. The
2-15 notice may not be published in the part of the newspaper in which
2-16 legal notices or classified advertisements appear.
2-17 (c) The notice must contain a statement in the following
2-18 form:
2-19 "NOTICE OF PUBLIC HEARING ON MUNICIPAL TAX INCREASE"
2-20 "This notice is required by law. It is to inform you that
2-21 the governing body of (name of municipality) will hold a public
2-22 hearing on a proposal to increase total tax revenues from
2-23 properties on the tax roll in (the preceding year) by (percentage
2-24 by which the proposed tax rate exceeds the lower of the
2-25 municipality's effective or rollback tax rate) percent. Your
2-26 individual (name of municipality) taxes may increase at a greater
2-27 or lesser rate, or even decrease, depending on the change in the
3-1 taxable value of your property in relation to the change in taxable
3-2 value of all other property subject to taxation by (name of
3-3 municipality).
3-4 "The governing body of (name of municipality) will hold the
3-5 public hearing on (date and time) at (meeting place)."
3-6 (d) If the municipality has access to a public, educational,
3-7 or governmental television channel, the municipality shall also
3-8 broadcast the notice required by Subsection (c) on that channel.
3-9 The notice must be broadcast at least five times a day on each of
3-10 seven days preceding the date of the public hearing on the proposed
3-11 tax increase.
3-12 (e) If the percentage by which the municipality's proposed
3-13 tax rate exceeds the lower of the municipality's effective or
3-14 rollback tax rate includes a fraction of one percent, in a
3-15 statement required by Subsection (c), the fraction may not be
3-16 expressed in decimal form by more than two digits to the right of
3-17 the decimal point, and for that purpose shall be rounded to the
3-18 nearest one-hundredth of one percent if necessary.
3-19 (f) Notwithstanding Section 26.06(a), the governing body of
3-20 the municipality may not hold the public hearing required by
3-21 Section 26.05 before the seventh day after the later of:
3-22 (1) the date that the notice required by Subsection
3-23 (a)(2) is published; or
3-24 (2) the earliest date on which all or substantially
3-25 all the notices required by Subsections (a)(1) and (3) have been
3-26 mailed.
3-27 SECTION 3. This Act takes effect January 1, 1998.
4-1 SECTION 4. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.