82R2325 SMH-F

By: Howard of Fort Bend H.B. No. 874

A BILL TO BE ENTITLED

AN ACT

relating to the provision of information by tax officials related

to ad valorem tax rates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 25.19(b) and (i), Tax Code, are amended

to read as follows:

(b) The chief appraiser shall separate real from personal

property and include in the notice for each:

(1) a list of the taxing units in which the property is

taxable;

(2) the appraised value of the property in the

preceding year;

(3) the taxable value of the property in the preceding

year for each taxing unit taxing the property;

(4) the appraised value of the property for the

current year and the kind and amount of each partial exemption, if

any, approved for the current year;

(5) [if the appraised value is greater than it was in

the preceding year, the amount of tax that would be imposed on the

property on the basis of the tax rate for the preceding year;

[(6)] in italic typeface, the following

statement: "The Texas Legislature does not set the amount of your

local taxes. Your property tax burden is decided by your locally

elected officials, and all inquiries concerning your taxes should

be directed to those officials";

(6) [(7)] a detailed explanation of the time and

procedure for protesting the value;

(7) [(8)] the date and place the appraisal review

board will begin hearing protests; and

(8) [(9)] a brief explanation that the governing body

of each taxing unit decides whether or not taxes on the property

will increase and the appraisal district only determines the value

of the property.

(i) Delivery with a notice required by Subsection (a) or (g)

of a copy of the pamphlet published by the comptroller under Section

5.06 or a copy of the notice published by the chief appraiser under

Section 41.70 is sufficient to comply with the requirement that the

notice include the information specified by Subsection (b)(6)

[(b)(7)] or (g)(3), as applicable.

SECTION 2. Section 26.012, Tax Code, is amended by adding

Subdivisions (13-a) and (13-b) to read as follows:

(13-a) "Last year's maintenance and operations levy"

means the difference between last year's levy and the sum of last

year's debt levy and last year's junior college levy.

(13-b) "Last year's maintenance and operations rate"

means the rate expressed in dollars per $100 of taxable value

adopted in the preceding year for maintenance and operations.

SECTION 3. The heading to Section 26.04, Tax Code, is

amended to read as follows:

Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;

EFFECTIVE, SAME SERVICES, AND ROLLBACK TAX RATES.

SECTION 4. Sections 26.04(b), (c), (d), (e), (e-1), (f),

(i), and (j), Tax Code, are amended to read as follows:

(b) The assessor shall submit the appraisal roll for the

unit showing the total appraised, assessed, and taxable values of

all property and the total taxable value of new property to the

governing body of the unit not later than the 21st day after the

date the appraisal roll is certified to the assessor. On or before

the 21st day after the date the appraisal roll is certified by the

assessor [by August 1 or as soon thereafter as practicable. By

August 1 or as soon thereafter as practicable], the taxing unit's

collector shall certify an estimate of the collection rate for the

current year to the governing body. If the collector certified an

anticipated collection rate in the preceding year and the actual

collection rate in that year exceeded the anticipated rate, the

collector shall also certify the amount of debt taxes collected in

excess of the anticipated amount in the preceding year.

(c) Not later than the 30th day after the date the appraisal

roll is certified to the assessor, an [An] officer or employee

designated by the governing body shall calculate the effective tax

rate, the same services tax rate, and the rollback tax rate for the

unit, where:

(1) "Effective tax rate" means a rate expressed in

dollars per $100 of taxable value calculated according to the

following formula:

EFFECTIVE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY) /

(CURRENT TOTAL VALUE - NEW PROPERTY VALUE)

; [and]

(2) "Same services tax rate" means a rate expressed in

dollars per $100 of taxable value calculated according to the

following formula:

SAME SERVICES TAX RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS

LEVY + (NEW PROPERTY VALUE x LAST YEAR'S

MAINTENANCE AND OPERATIONS RATE))/CURRENT

TOTAL VALUE] + CURRENT DEBT RATE

; and

(3) "Rollback tax rate" means a rate expressed in

dollars per $100 of taxable value calculated according to the

following formula:

ROLLBACK TAX RATE = (EFFECTIVE MAINTENANCE AND OPERATIONS RATE

x 1.08) + CURRENT DEBT RATE

(d) The effective tax rate for a county is the sum of the

effective tax rates calculated for each type of tax the county

levies. The same services tax rate for a county is the sum of the

same services tax rates calculated for each type of tax the county

levies. The [and the] rollback tax rate for a county is the sum of

the rollback tax rates calculated for each type of tax the county

levies.

(e) Not later than the fifth day after the date the

designated officer or employee completes the calculations required

by Subsections (c) and (d) [By August 7 or as soon thereafter as

practicable], the designated officer or employee shall submit the

rates to the governing body and provide to the chief appraiser in

the form prescribed by the comptroller the effective tax rate, the

same services tax rate, the rollback tax rate, and an explanation of

how they were calculated. At least 14 days before the date of the

first meeting of the governing body to consider the budget for the

current tax year, the designated officer or employee [. He] shall

deliver by mail to each property owner in the unit or publish in a

newspaper in the form prescribed by the comptroller:

(1) last year's [the effective] tax rate, the same

services [rollback] tax rate, the tax rate required to fund the

budget for the current tax year, and an explanation of their meaning

and how they were calculated;

(2) a statement, including an example calculation,

that the tax liability of any parcel of taxable property can be

derived by multiplying the property's taxable value as computed on

the basis of the notice of appraised value delivered by the

appraisal district by each tax rate; and

(3) a statement that adoption by the governing body of

a tax rate for the current year that is higher than the same

services tax rate will constitute an overall tax increase [the

estimated amount of interest and sinking fund balances and the

estimated amount of maintenance and operation or general fund

balances remaining at the end of the current fiscal year that are

not encumbered with or by corresponding existing debt obligation;

[(3) a schedule of the unit's debt obligations

showing:

[(A) the amount of principal and interest that

will be paid to service the unit's debts in the next year from

property tax revenue, including payments of lawfully incurred

contractual obligations providing security for the payment of the

principal of and interest on bonds and other evidences of

indebtedness issued on behalf of the unit by another political

subdivision and, if the unit is created under Section 52, Article

III, or Section 59, Article XVI, Texas Constitution, payments on

debts that the unit anticipates to incur in the next calendar year;

[(B) the amount by which taxes imposed for debt

are to be increased because of the unit's anticipated collection

rate; and

[(C) the total of the amounts listed in

Paragraphs (A)-(B), less any amount collected in excess of the

previous year's anticipated collections certified as provided in

Subsection (b);

[(4) the amount of additional sales and use tax

revenue anticipated in calculations under Section 26.041;

[(5) a statement that the adoption of a tax rate equal

to the effective tax rate would result in an increase or decrease,

as applicable, in the amount of taxes imposed by the unit as

compared to last year's levy, and the amount of the increase or

decrease;

[(6) in the year that a taxing unit calculates an

adjustment under Subsection (i) or (j), a schedule that includes

the following elements:

[(A) the name of the unit discontinuing the

department, function, or activity;

[(B) the amount of property tax revenue spent by

the unit listed under Paragraph (A) to operate the discontinued

department, function, or activity in the 12 months preceding the

month in which the calculations required by this chapter are made;

and

[(C) the name of the unit that operates a

distinct department, function, or activity in all or a majority of

the territory of a taxing unit that has discontinued operating the

distinct department, function, or activity; and

[(7) in the year following the year in which a taxing

unit raised its rollback rate as required by Subsection (j), a

schedule that includes the following elements:

[(A) the amount of property tax revenue spent by

the unit to operate the department, function, or activity for which

the taxing unit raised the rollback rate as required by Subsection

(j) for the 12 months preceding the month in which the calculations

required by this chapter are made; and

[(B) the amount published by the unit in the

preceding tax year under Subdivision (6)(B)].

(e-1) The notice requirements imposed by Subsection (e)

[Subsections (e)(1)-(6)] do not apply to a school district.

(f) If as a result of consolidation of taxing units a taxing

unit includes territory that was in two or more taxing units in the

preceding year, the amount of taxes imposed in each in the preceding

year is combined for purposes of calculating the effective, same

services, and rollback tax rates under this section.

(i) This subsection applies to a taxing unit that has agreed

by written contract to transfer a distinct department, function, or

activity to another taxing unit and discontinues operating that

distinct department, function, or activity if the operation of that

department, function, or activity in all or a majority of the

territory of the taxing unit is continued by another existing

taxing unit or by a new taxing unit. The rollback tax rate of a

taxing unit to which this subsection applies in the first tax year

in which a budget is adopted that does not allocate revenue to the

discontinued department, function, or activity is calculated as

otherwise provided by this section, except that last year's levy

used to calculate the effective maintenance and operations rate and

the same services tax rate of the unit is reduced by the amount of

maintenance and operations tax revenue spent by the taxing unit to

operate the department, function, or activity for the 12 months

preceding the month in which the calculations required by this

chapter are made and in which the unit operated the discontinued

department, function, or activity. If the unit did not operate that

department, function, or activity for the full 12 months preceding

the month in which the calculations required by this chapter are

made, the unit shall reduce last year's levy used for calculating

the effective maintenance and operations rate and the same services

tax rate of the unit by the amount of the revenue spent in the last

full fiscal year in which the unit operated the discontinued

department, function, or activity.

(j) This subsection applies to a taxing unit that had agreed

by written contract to accept the transfer of a distinct

department, function, or activity from another taxing unit and

operates a distinct department, function, or activity if the

operation of a substantially similar department, function, or

activity in all or a majority of the territory of the taxing unit

has been discontinued by another taxing unit, including a dissolved

taxing unit. The rollback tax rate of a taxing unit to which this

subsection applies in the first tax year after the other taxing unit

discontinued the substantially similar department, function, or

activity in which a budget is adopted that allocates revenue to the

department, function, or activity is calculated as otherwise

provided by this section, except that last year's levy used to

calculate the effective maintenance and operations rate and the

same services tax rate of the unit is increased by the amount of

maintenance and operations tax revenue spent by the taxing unit

that discontinued operating the substantially similar department,

function, or activity to operate that department, function, or

activity for the 12 months preceding the month in which the

calculations required by this chapter are made and in which the unit

operated the discontinued department, function, or activity. If

the unit did not operate the discontinued department, function, or

activity for the full 12 months preceding the month in which the

calculations required by this chapter are made, the unit may

increase last year's levy used to calculate the effective

maintenance and operations rate and the same services tax rate by an

amount not to exceed the amount of property tax revenue spent by the

discontinuing unit to operate the discontinued department,

function, or activity in the last full fiscal year in which the

discontinuing unit operated the department, function, or activity.

SECTION 5. Sections 26.041(a), (c), (e), (g), and (h), Tax

Code, are amended to read as follows:

(a) In the first year in which an additional sales and use

tax is required to be collected, the effective tax rate, same

services tax rate, and rollback tax rate for the unit are calculated

according to the following formulas:

EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY LEVY)/

(CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] -

SALES TAX GAIN RATE

SAME SERVICES TAX RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS

LEVY + (NEW PROPERTY VALUE X LAST YEAR'S

MAINTENANCE AND OPERATIONS RATE)) /

CURRENT TOTAL VALUE] + CURRENT DEBT RATE -

SALES TAX GAIN RATE

and

ROLLBACK TAX RATE = (EFFECTIVE MAINTENANCE AND OPERATIONS RATE x

1.08) + CURRENT DEBT RATE - SALES TAX GAIN

RATE

where "sales tax gain rate" means a number expressed in dollars per

$100 of taxable value, calculated by dividing the revenue that will

be generated by the additional sales and use tax in the following

year as calculated under Subsection (d) of this section by the

current total value.

(c) In a year in which a taxing unit that has been imposing

an additional sales and use tax ceases to impose an additional sales

and use tax the effective tax rate, same services tax rate, and

rollback tax rate for the unit are calculated according to the

following formulas:

EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY LEVY) /

(CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] +

SALES TAX LOSS RATE

SAME SERVICES TAX RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS

LEVY + (NEW PROPERTY VALUE X LAST YEAR'S

MAINTENANCE AND OPERATIONS RATE))/CURRENT

TOTAL VALUE] + CURRENT DEBT RATE + SALES

TAX LOSS RATE

and

ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS

EXPENSE x 1.08)/([TOTAL] CURRENT TOTAL VALUE -

NEW PROPERTY VALUE)] + CURRENT DEBT RATE

where "sales tax loss rate" means a number expressed in dollars per

$100 of taxable value, calculated by dividing the amount of sales

and use tax revenue generated in the last four quarters for which

the information is available by the current total value and "last

year's maintenance and operations expense" means the amount spent

for maintenance and operations from property tax and additional

sales and use tax revenues in the preceding year.

(e) If a city that imposes an additional sales and use tax

receives payments under the terms of a contract executed before

January 1, 1986, in which the city agrees not to annex certain

property or a certain area and the owners or lessees of the property

or of property in the area agree to pay at least annually to the city

an amount determined by reference to all or a percentage of the

property tax rate of the city and all or a part of the value of the

property subject to the agreement or included in the area subject to

the agreement, the governing body, by order adopted by a majority

vote of the governing body, may direct the designated officer or

employee to add to the effective, same services, and rollback tax

rates the amount that, when applied to the total taxable value

submitted to the governing body, would produce an amount of taxes

equal to the difference between the total amount of payments for the

tax year under contracts described by this subsection under the

rollback tax rate calculated under this section and the total

amount of payments for the tax year that would have been obligated

to the city if the city had not adopted an additional sales and use

tax.

(g) If the rate of the additional sales and use tax is

increased, the designated officer or employee shall make two

projections, in the manner provided by Subsection (d) of this

section, of the revenue generated by the additional sales and use

tax in the following year. The first projection must take into

account the increase and the second projection must not take into

account the increase. The officer or employee shall then subtract

the amount of the result of the second projection from the amount of

the result of the first projection to determine the revenue

generated as a result of the increase in the additional sales and

use tax. In the first year in which an additional sales and use tax

is increased:

(1) [,] the effective tax rate for the unit is the

effective tax rate before the increase minus a number the numerator

of which is the revenue generated as a result of the increase in the

additional sales and use tax, as determined under this subsection,

and the denominator of which is the current total value minus the

new property value; and

(2) the same services tax rate for the unit is the same

services tax rate before the increase minus a number the numerator

of which is the revenue generated as a result of the increase in the

additional sales and use tax, as determined under this subsection,

and the denominator of which is the current total value minus the

new property value.

(h) If the rate of the additional sales and use tax is

decreased, the designated officer or employee shall make two

projections, in the manner provided by Subsection (d) of this

section, of the revenue generated by the additional sales and use

tax in the following year. The first projection must take into

account the decrease and the second projection must not take into

account the decrease. The officer or employee shall then subtract

the amount of the result of the first projection from the amount of

the result of the second projection to determine the revenue lost as

a result of the decrease in the additional sales and use tax. In the

first year in which an additional sales and use tax is decreased:

(1)[,] the effective tax rate for the unit is the

effective tax rate before the decrease plus a number the numerator

of which is the revenue lost as a result of the decrease in the

additional sales and use tax, as determined under this subsection,

and the denominator of which is the current total value minus the

new property value; and

(2) the same services tax rate for the unit is the same

services tax rate before the decrease plus a number the numerator of

which is the revenue lost as a result of the decrease in the

additional sales and use tax, as determined under this subsection,

and the denominator of which is the current total value minus the

new property value.

SECTION 6. The heading to Section 26.043, Tax Code, is

amended to read as follows:

Sec. 26.043. ROLLBACK, EFFECTIVE, AND SAME SERVICES TAX

RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.

SECTION 7. Sections 26.043(a) and (b), Tax Code, are

amended to read as follows:

(a) In the tax year in which a city has set an election on

the question of whether to impose a local sales and use tax under

Subchapter H, Chapter 453, Transportation Code, the officer or

employee designated to make the calculations provided by Section

26.04 may not make those calculations until the outcome of the

election is determined. If the election is determined in favor of

the imposition of the tax, the representative shall subtract from

the city's rollback, [and] effective, and same services tax rates

the amount that, if applied to the city's current total value, would

impose an amount equal to the amount of property taxes budgeted in

the current tax year to pay for expenses related to mass transit

services.

(b) In a tax year to which this section applies, a reference

in this chapter to the city's effective, same services, or rollback

tax rate refers to that rate as adjusted under this section.

SECTION 8. The heading to Section 26.044, Tax Code, is

amended to read as follows:

Sec. 26.044. EFFECTIVE AND SAME SERVICES TAX RATES [RATE]

TO PAY FOR STATE CRIMINAL JUSTICE MANDATE.

SECTION 9. Sections 26.044(a) and (b), Tax Code, are

amended to read as follows:

(a) The first time that a county adopts a tax rate after

September 1, 1991, in which the state criminal justice mandate

applies to the county, the effective maintenance and operation rate

and the same services tax rate for the county are [is] increased by

the rate calculated according to the following formula:

(State Criminal Justice Mandate) / (Current Total Value - New

Property Value)

(b) In the second and subsequent years that a county adopts

a tax rate, if the amount spent by the county for the state criminal

justice mandate increased over the previous year, the effective

maintenance and operation rate and the same services tax rate for

the county are [is] increased by the rate calculated according to

the following formula:

(This Year's State Criminal Justice Mandate - Previous Year's State

Criminal Justice Mandate) / (Current Total Value - New Property

Value)

SECTION 10. Sections 26.0441(a) and (b), Tax Code, are

amended to read as follows:

(a) In the first tax year in which a taxing unit adopts a tax

rate after January 1, 2000, and in which the enhanced minimum

eligibility standards for indigent health care established under

Section 61.006, Health and Safety Code, apply to the taxing unit,

the effective maintenance and operations rate and the same services

tax rate for the taxing unit are [is] increased by the rate computed

according to the following formula:

Amount of Increase = Enhanced Indigent Health Care Expenditures /

(Current Total Value - New Property Value)

(b) In each subsequent tax year, if the taxing unit's

enhanced indigent health care expenses exceed the amount of those

expenses for the preceding year, the effective maintenance and

operations rate and the same services tax rate for the taxing unit

are [is] increased by the rate computed according to the following

formula:

Amount of Increase = (Current Tax Year's Enhanced Indigent Health

Care Expenditures - Preceding Tax Year's Indigent Health Care

Expenditures) / (Current Total Value - New Property Value)

SECTION 11. Section 26.05, Tax Code, is amended by amending

Subsections (a), (b), (c), (d), and (g) and adding Subsection (d-1)

to read as follows:

(a) The governing body of each taxing unit, before the later

of September 30 or the 90th [60th] day after the date the certified

appraisal roll is received by the taxing unit, shall adopt a tax

rate for the current tax year and shall notify the assessor for the

unit of the rate adopted. The tax rate consists of two components,

each of which must be approved separately. The components are:

(1) the following rate, as applicable:

(A) for a taxing unit other than a school

district, the rate that, if applied to the total taxable value, will

impose an amount equal to the amount computed by:

(i) adding the following amounts:

(a) the amount of principal and

interest that will be paid to service the unit's debts in the next

year from property tax revenue, including payments of lawfully

incurred contractual obligations providing security for the

payment of the principal of and interest on bonds and other

evidences of indebtedness issued on behalf of the unit by another

political subdivision and, if the unit is created under Section 52,

Article III, or Section 59, Article XVI, Texas Constitution,

payments on debts that the unit anticipates to incur in the next

calendar year; and

(b) the amount by which taxes imposed

for debt are to be increased because of the unit's anticipated

collection rate; and

(ii) subtracting from the amount computed

under Subparagraph (i) the sum of the following amounts:

(a) any amount collected in excess of

the previous year's anticipated collections certified as provided

by Section 26.04(b); and

(b) [the total amount published under

Section 26.04(e)(3)(C), less] any amount of additional sales and

use tax revenue that will be used to pay debt service; or

(B) [, or,] for a school district, the rate

published under Section 44.004(c)(5)(A)(ii)(b), Education Code;

and

(2) the rate that, if applied to the total taxable

value, will impose the amount of taxes needed to fund maintenance

and operation expenditures of the unit for the next year.

(b) A taxing unit may not impose property taxes in any year

until the governing body has adopted a tax rate for that year, and

the annual tax rate must be set by ordinance, resolution, or order,

depending on the method prescribed by law for adoption of a law by

the governing body. The vote on the ordinance, resolution, or order

setting the tax rate must be separate from the vote adopting the

budget. The vote on the ordinance, resolution, or order setting a

tax rate that exceeds the same services [effective] tax rate must be

a record vote. A motion to adopt an ordinance, resolution, or order

setting a tax rate that exceeds the same services [effective] tax

rate must be made in the following form: "I move that the property

tax rate be increased by the adoption of a tax rate of (specify tax

rate), which is effectively a (insert percentage by which the

proposed tax rate exceeds the same services [effective] tax rate)

percent increase in the tax rate." If the ordinance, resolution, or

order sets a tax rate that, if applied to the total taxable value,

will impose an amount of taxes [to fund maintenance and operation

expenditures of the taxing unit] that exceeds the amount of taxes

imposed [for that purpose] in the preceding year, the taxing unit

must:

(1) include in the ordinance, resolution, or order in

type larger than the type used in any other portion of the document:

(A) the following statement: "THIS TAX RATE WILL

RAISE MORE TAXES [FOR MAINTENANCE AND OPERATIONS] THAN LAST YEAR'S

TAX RATE."; and

(B) if the tax rate exceeds the same services tax

[effective maintenance and operations] rate, the following

statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT

PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE SAME SERVICES TAX

[EFFECTIVE MAINTENANCE AND OPERATIONS] RATE) PERCENT AND WILL RAISE

TAXES [FOR MAINTENANCE AND OPERATIONS] ON A $100,000 HOME BY

APPROXIMATELY $(Insert amount)."; and

(2) include on the home page of any Internet website

operated by the unit:

(A) the following statement: "(Insert name of

unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES [FOR MAINTENANCE

AND OPERATIONS] THAN LAST YEAR'S TAX RATE"; and

(B) if the tax rate exceeds the same services tax

[effective maintenance and operations] rate, the following

statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT

PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE SAME SERVICES TAX

[EFFECTIVE MAINTENANCE AND OPERATIONS] RATE) PERCENT AND WILL RAISE

TAXES [FOR MAINTENANCE AND OPERATIONS] ON A $100,000 HOME BY

APPROXIMATELY $(Insert amount)."

(c) If the designated officer or employee [governing body of

a taxing unit] does not comply with Section 26.04(e) by the date

required by that subsection and the failure to comply was caused by

circumstances beyond the designated officer's or employee's

control, such as a natural disaster [adopt a tax rate before the

date required by Subsection (a)], the tax rate for the taxing unit

for that tax year is the lower of the same services [effective] tax

rate calculated for that tax year or the tax rate adopted by the

taxing unit for the preceding tax year. A tax rate established by

this subsection is treated as an adopted tax rate. Before the fifth

day after the establishment of a tax rate by this subsection, the

governing body of the taxing unit must ratify the applicable tax

rate in the manner required by Subsection (b).

(d) The governing body of a taxing unit other than a school

district may not adopt a tax rate that exceeds the lower of the

rollback tax rate or the same services [effective] tax rate

calculated as provided by this chapter until the governing body has

complied with Subsection (d-1) of this section and has held two

public hearings on the proposed tax rate and [has] otherwise

complied with Section 26.06 and Section 26.065. 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 the same

services [effective] tax rate and may not adopt a higher rate unless

it first complies with Section 26.06.

(d-1) Before giving notice of the public hearings on the

proposed tax rate under Section 26.06, the governing body of a

taxing unit that is required to comply with that section must take a

record vote on a proposal to place consideration of an increase in

taxes on the agenda for the meeting at which the governing body will

adopt the tax rate. The motion for the vote must be made in the

following form: "I move that a proposal to increase property taxes

by the adoption of a tax rate of (specify tax rate) be placed on the

agenda for the meeting to be held on (date at which the governing

body anticipates adopting the tax rate)."

(g) Notwithstanding Subsection (a), the governing body of a

school district that elects to adopt a tax rate before the adoption

of a budget for the fiscal year that begins in the current tax year

may adopt a tax rate for the current tax year before receipt of the

certified appraisal roll for the school district if the chief

appraiser of the appraisal district in which the school district

participates has certified to the assessor for the school district

an estimate of the taxable value of property in the school district

as provided by Section 26.01(e). If a school district adopts a tax

rate under this subsection, the effective tax rate, the same

services tax rate, and the rollback tax rate of the district shall

be calculated based on the certified estimate of taxable value.

SECTION 12. Section 26.052(e), Tax Code, is amended to read

as follows:

(e) Public notice provided under Subsection (c) must

specify:

(1) the tax rate that the governing body proposes to

adopt;

(2) the date, time, and location of the meeting of the

governing body of the taxing unit at which the governing body will

consider adopting the proposed tax rate; and

(3) if the proposed tax rate for the taxing unit

exceeds the unit's same services [effective] tax rate calculated as

provided by Section 26.04, a statement substantially identical to

the following: "The proposed tax rate would increase total taxes in

(name of taxing unit) by (percentage by which the proposed tax rate

exceeds the same services [effective] tax rate)."

SECTION 13. Sections 26.06(b), (d), and (e), Tax Code, are

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 24-point or larger type.

The notice must contain a statement in the following form:

"NOTICE OF PUBLIC HEARING ON TAX INCREASE

"The (name of the taxing unit) will hold two public hearings

on a proposal to increase total tax revenues from properties on the

tax roll in the preceding tax year by (percentage by which proposed

tax rate exceeds lower of rollback tax rate or same services

[effective] tax rate calculated under this chapter) 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 first public hearing will be held on (date and time) at

(meeting place).

"The second 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 or, if one

or more were absent, indicating the absences.)

"The average taxable value of a residence homestead in (name

of taxing unit) last year was $____ (average taxable value of a

residence homestead in the taxing unit for the preceding tax year,

disregarding residence homestead exemptions available only to

disabled persons or persons 65 years of age or older). Based on

last year's tax rate of $____ (preceding year's adopted tax rate)

per $100 of taxable value, the amount of taxes imposed last year on

the average home was $____ (tax on average taxable value of a

residence homestead in the taxing unit for the preceding tax year,

disregarding residence homestead exemptions available only to

disabled persons or persons 65 years of age or older).

"The average taxable value of a residence homestead in (name

of taxing unit) this year is $____ (average taxable value of a

residence homestead in the taxing unit for the current tax year,

disregarding residence homestead exemptions available only to

disabled persons or persons 65 years of age or older). If the

governing body adopts the same services [effective] tax rate for

this year of $____ (same services [effective] tax rate) per $100 of

taxable value, the amount of taxes imposed this year on the average

home would be $____ (tax on average taxable value of a residence

homestead in the taxing unit for the current tax year, disregarding

residence homestead exemptions available only to disabled persons

or persons 65 years of age or older).

"If the governing body adopts the proposed tax rate of $____

(proposed tax rate) per $100 of taxable value, the amount of taxes

imposed this year on the average home would be $____ (tax on the

average taxable value of a residence in the taxing unit for the

current year disregarding residence homestead exemptions available

only to disabled persons or persons 65 years of age or older).

"The taxes on any parcel of taxable property can be derived by

multiplying the property's taxable value as computed on the basis

of the notice of appraised value delivered by the appraisal

district by each of the above tax rates.

"Members of the public are encouraged to attend the hearings

and express their views."

(d) At the public hearings the governing body shall announce

the date, time, and place of the meeting at which it will vote on the

proposed tax rate. After each hearing the governing body shall

give notice of the meeting at which it will vote on the proposed tax

rate and the notice shall be in the same form as prescribed by

Subsections (b) and (c), except that it must state the following:

"NOTICE OF TAX REVENUE INCREASE

"The (name of the taxing unit) conducted public hearings on

(date of first hearing) and (date of second hearing) on a proposal

to increase the total tax revenues of the (name of the taxing unit)

from properties on the tax roll in the preceding year by (percentage

by which proposed tax rate exceeds lower of rollback tax rate or

same services [effective] tax rate calculated under this chapter)

percent.

"The total tax revenue proposed to be raised last year at last

year's tax rate of (insert tax rate for the preceding year) for each

$100 of taxable value was (insert total amount of taxes imposed in

the preceding year).

"The total tax revenue proposed to be raised this year at the

proposed tax rate of (insert proposed tax rate) for each $100 of

taxable value, excluding tax revenue to be raised from new property

added to the tax roll this year, is (insert amount computed by

multiplying proposed tax rate by the difference between current

total value and new property value).

"The total tax revenue proposed to be raised this year at the

proposed tax rate of (insert proposed tax rate) for each $100 of

taxable value, including tax revenue to be raised from new property

added to the tax roll this year, is (insert amount computed by

multiplying proposed tax rate by current total value).

"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 of meeting) at (location of meeting,

including mailing address) at (time of meeting)."

(e) The meeting to vote on the tax increase may not be

earlier than the third day or later than the 14th day after the date

of the second public hearing. The meeting must be held inside the

boundaries of the taxing 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 tax rate that exceeds the lower of the

rollback tax rate or the same services [effective] tax rate by the

14th day, it must give a new notice under Subsection (d) before it

may adopt a rate that exceeds the lower of the rollback tax rate or

the same services [effective] tax rate.

SECTION 14. Sections 26.044(c) and 26.0441(c), Tax Code,

are repealed.

SECTION 15. This Act applies only to a tax year beginning on

or after the effective date of this Act.

SECTION 16. This Act takes effect January 1, 2012.