By Marchant                                           H.B. No. 2140
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to municipal tax rate adjustments to compensate for
 1-3     unfunded state and federal mandates.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle D, Chapter 26, Tax Code, is amended by
 1-6     adding Section 26.046 to read as follows:
 1-7           Sec. 26.046.  MUNICIPAL TAX RATE ADJUSTMENT FOR STATE AND
 1-8     FEDERAL MANDATES. (a)  For each tax year in which a city adopts a
 1-9     tax rate after this section takes effect, and in which one or more
1-10     state and federal mandates apply to the city, the effective tax
1-11     rate and the effective maintenance and operations rate for the city
1-12     are each increased by the rate calculated according to the
1-13     following formula:
1-14                                 (Current  Tax  Year's Total  State  and
1-15                                 Federal Mandates - Preceding Tax Year's
1-16                                 Total State and Federal Mandates)      
1-17     Amount of Increase =        _________________________              
1-18                              (Current Total Value - New Property Value)
1-19           (b)  The city shall include a notice of the increase in the
1-20     effective tax rate and the effective maintenance and operations
1-21     rate provided by this section, including a brief description and
1-22     amount of the state and federal mandates, in the information
 2-1     published under Section 26.04(e) and, if applicable, Section
 2-2     26.06(b) of this code.
 2-3           (c)  In this section, "state and federal mandate" for a tax
 2-4     year means:
 2-5                 (1)  an expenditure made by the city during the 12
 2-6     months prior to adoption of the tax rate, which was required to be
 2-7     made by the city in order to comply with a state or federal law,
 2-8     regulation, or rule, and for which a tax rate adjustment is not
 2-9     otherwise provided for by this chapter; and
2-10                 (2)  the amount of any reduction in revenue during the
2-11     12 months prior to adoption of the tax rate, as a result of a state
2-12     or federal law, regulation, or rule, to which the city would be
2-13     otherwise entitled in the absence of the law, regulation, or rule,
2-14     and for which a tax rate adjustment is not otherwise provided for
2-15     by this chapter.
2-16           (d)  The amount of each state and federal mandate calculated
2-17     under Subsection (c) shall be reduced by the amount of any state or
2-18     federal funding or assistance received during the same prior 12
2-19     month period which was provided to the city as reimbursement for
2-20     that mandated expenditure or revenue reduction, and to which the
2-21     city was not otherwise entitled.
2-22           (e)  In the first tax year in which the city makes rate
2-23     adjustments under this section, the city shall calculate the
2-24     preceding tax year's total state and federal mandates for purposes
2-25     of Subsection (a) in the same manner as if this section had been in
2-26     effect for the preceding tax year, provided that nothing in this
 3-1     section shall entitle the city to any tax rate adjustments for any
 3-2     such preceding tax year.
 3-3           (f)  In a tax year to which this section applies, a reference
 3-4     in this chapter to the city's effective tax rate, effective
 3-5     maintenance and operations rate, or rollback tax rate refers to
 3-6     that rate as adjusted under, or as a result of, this section.
 3-7           SECTION 2.  This Act takes effect immediately if it receives
 3-8     a vote of two-thirds of all the members elected to each house, as
 3-9     provided by Section 39, Article III, Texas Constitution.  If this
3-10     Act does not receive the vote necessary for immediate effect, this
3-11     Act takes effect September 1, 2001.