By Williams H.B. No. 982
76R2599 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the publication of ad valorem tax rates for small
1-3 taxing units.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 26, Tax Code, is amended by adding
1-6 Section 26.052 to read as follows:
1-7 Sec. 26.052. SIMPLIFIED TAX RATE NOTICE FOR SMALL TAXING
1-8 UNITS. (a) This section applies only to a taxing unit for which
1-9 the total tax rate proposed for the current tax year:
1-10 (1) is five cents or less per $100 of taxable value;
1-11 (2) would impose taxes of $150,000 or less when
1-12 applied to the current total value for the taxing unit; and
1-13 (3) is greater than 103 percent of the effective tax
1-14 rate calculated as provided by Section 26.04.
1-15 (b) A taxing unit to which this section applies is exempt
1-16 from the publication requirements of Section 26.04(e) and is not
1-17 subject to an injunction under Section 26.04(g) for failure to
1-18 comply with those publication requirements.
1-19 (c) A taxing unit to which this section applies may provide
1-20 public notice of its proposed tax rate in either of the following
1-21 methods not later than the seventh day before the date on which the
1-22 tax rate is adopted:
1-23 (1) mailing a notice of the proposed tax rate to each
1-24 owner of taxable property in the taxing unit; or
2-1 (2) publishing notice of the proposed tax rate in the
2-2 legal notices section of a newspaper having general circulation in
2-3 the taxing unit.
2-4 (d) A taxing unit that provides public notice of a proposed
2-5 tax rate under Subsection (c) is exempt from Sections 26.05(d) and
2-6 26.06 and is not subject to an injunction under Section 26.05(e)
2-7 for failure to comply with Section 26.05(d). A taxing unit that
2-8 provides public notice of a proposed tax rate under Subsection (c)
2-9 may not adopt a tax rate that exceeds the rate set out in the
2-10 notice unless the taxing unit provides additional public notice
2-11 under Subsection (c) of the higher rate or complies with Sections
2-12 26.05(d) and 26.06, as applicable, in adopting the higher rate.
2-13 (e) Public notice provided under Subsection (c) must
2-14 specify:
2-15 (1) the tax rate that the governing body proposes to
2-16 adopt;
2-17 (2) the date, time, and location of the meeting of the
2-18 governing body of the taxing unit at which the governing body will
2-19 consider adopting the proposed tax rate; and
2-20 (3) if the proposed tax rate for the taxing unit
2-21 exceeds 103 percent of the unit's effective tax rate calculated as
2-22 provided by Section 26.04, a statement substantially identical to
2-23 the following: "The proposed tax rate would increase total taxes in
2-24 (name of taxing unit) by (percentage by which the proposed tax rate
2-25 exceeds the effective tax rate)."
2-26 SECTION 2. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.