|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to ad valorem taxation. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. This Act may be cited as the Texas Property Tax |
|
Reform and Relief Act of 2017. |
|
SECTION 2. Section 1.085(a), Tax Code, is amended to read as |
|
follows: |
|
(a) Notwithstanding any other provision in this title and |
|
except as provided by this section, any notice, rendition, |
|
application form, or completed application, or information |
|
requested under Section 41.461(a)(2), that is required or permitted |
|
by this title to be delivered between a chief appraiser, an |
|
appraisal district, an appraisal review board, or any combination |
|
of those persons and a property owner or [between a chief appraiser,
|
|
an appraisal district, an appraisal review board, or any
|
|
combination of those persons and] a person designated by a property |
|
owner under Section 1.111(f) may be delivered in an electronic |
|
format if the chief appraiser and the property owner or person |
|
designated by the owner agree under this section. |
|
SECTION 3. Chapter 5, Tax Code, is amended by adding Section |
|
5.01 to read as follows: |
|
Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. |
|
(a) The comptroller shall appoint the property tax administration |
|
advisory board to advise the comptroller with respect to the |
|
division or divisions within the office of the comptroller with |
|
primary responsibility for state administration of property |
|
taxation and state oversight of appraisal districts and local tax |
|
offices. The advisory board may make recommendations to the |
|
comptroller regarding improving the effectiveness and efficiency |
|
of the property tax system, best practices, and complaint |
|
resolution procedures. |
|
(b) The advisory board is composed of at least six members |
|
appointed by the comptroller. The members of the board should |
|
include: |
|
(1) representatives of property tax payers, appraisal |
|
districts, and school districts; and |
|
(2) a person who has knowledge or experience in |
|
conducting ratio studies. |
|
(c) The members of the advisory board serve at the pleasure |
|
of the comptroller. |
|
(d) Any advice to the comptroller relating to a matter |
|
described by Subsection (a) that is provided by a member of the |
|
advisory board must be provided at a meeting called by the |
|
comptroller. |
|
(e) Chapter 2110, Government Code, does not apply to the |
|
advisory board. |
|
SECTION 4. Sections 5.041(b), (c), and (e-1), Tax Code, are |
|
amended to read as follows: |
|
(b) A member of the appraisal review board established for |
|
an appraisal district must complete the course established under |
|
Subsection (a). The course must provide at least eight hours of |
|
classroom training and education. A member of the appraisal review |
|
board may not participate in a hearing conducted by the board unless |
|
the person has completed the course established under Subsection |
|
(a) and received a certificate of course completion. |
|
(c) The comptroller may contract with service providers to |
|
assist with the duties imposed under Subsection (a), but the course |
|
required may not be provided by an appraisal district, the chief |
|
appraiser or another employee of an appraisal district, a member of |
|
the board of directors of an appraisal district, a member of an |
|
appraisal review board, or a taxing unit. The comptroller may |
|
assess a fee to recover a portion of the costs incurred for the |
|
training course, but the fee may not exceed $50 per person trained. |
|
If the training is provided to an individual other than a member of |
|
an appraisal review board, the comptroller may assess a fee not to |
|
exceed $50 per person trained. |
|
(e-1) In addition to the course established under |
|
Subsection (a), the comptroller shall approve curricula and provide |
|
materials for use in a continuing education course for members of an |
|
appraisal review board. The course must provide at least four hours |
|
of classroom training and education. The curricula and materials |
|
must include information regarding: |
|
(1) the cost, income, and market data comparison |
|
methods of appraising property; |
|
(2) the appraisal of business personal property; |
|
(3) the determination of capitalization rates for |
|
property appraisal purposes; |
|
(4) the duties of an appraisal review board; |
|
(5) the requirements regarding the independence of an |
|
appraisal review board from the board of directors and the chief |
|
appraiser and other employees of the appraisal district; |
|
(6) the prohibitions against ex parte communications |
|
applicable to appraisal review board members; |
|
(7) the Uniform Standards of Professional Appraisal |
|
Practice; |
|
(8) the duty of the appraisal district to substantiate |
|
the district's determination of the value of property; |
|
(9) the requirements regarding the equal and uniform |
|
appraisal of property; |
|
(10) the right of a property owner to protest the |
|
appraisal of the property as provided by Chapter 41; and |
|
(11) a detailed explanation of each of the actions |
|
described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, |
|
41.42, and 41.43 so that members are fully aware of each of the |
|
grounds on which a property appraisal can be appealed. |
|
SECTION 5. Chapter 5, Tax Code, is amended by adding Section |
|
5.043 to read as follows: |
|
Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section |
|
applies only to persons who have agreed to serve as arbitrators |
|
under Chapter 41A. |
|
(b) The comptroller shall: |
|
(1) approve curricula and provide an arbitration |
|
manual and other materials for use in training and educating |
|
arbitrators; |
|
(2) make all materials for use in training and |
|
educating arbitrators freely available online; and |
|
(3) establish and supervise a training program on |
|
property tax law for the training and education of arbitrators. |
|
(c) The training program must: |
|
(1) emphasize the requirements regarding the equal and |
|
uniform appraisal of property; and |
|
(2) be at least four hours in length. |
|
(d) The training program may be provided online. The |
|
comptroller by rule may prescribe the manner by which the |
|
comptroller may verify that a person taking the training program |
|
online has taken and completed the program. |
|
(e) The comptroller may contract with service providers to |
|
assist with the duties imposed under Subsection (b), but the |
|
training program may not be provided by an appraisal district, the |
|
chief appraiser or another employee of an appraisal district, a |
|
member of the board of directors of an appraisal district, a member |
|
of an appraisal review board, or a taxing unit. The comptroller may |
|
assess a fee to recover a portion of the costs incurred for the |
|
training program, but the fee may not exceed $50 for each person |
|
trained. |
|
(f) The comptroller shall prepare an arbitration manual for |
|
use in the training program. The manual shall be updated regularly |
|
and may be revised on request, in writing, to the comptroller. The |
|
revised language must be approved by the unanimous agreement of a |
|
committee selected by the comptroller and representing, equally, |
|
taxpayers and chief appraisers. The person requesting the revision |
|
must pay the costs of mediation if the comptroller determines that |
|
mediation is required. |
|
SECTION 6. Section 5.05, Tax Code, is amended by adding |
|
Subsection (c-1) to read as follows: |
|
(c-1) An appraisal district shall appraise property in |
|
accordance with any appraisal manuals prepared and issued by the |
|
comptroller under this section. |
|
SECTION 7. Section 5.07, Tax Code, is amended by adding |
|
Subsections (f), (g), (h), and (i) to read as follows: |
|
(f) In conjunction with prescribing a uniform record system |
|
to be used by all appraisal districts as required by Subsection (c), |
|
the comptroller shall prescribe tax rate calculation forms to be |
|
used by the designated officer or employee of each: |
|
(1) taxing unit other than a school district to |
|
calculate and submit the equivalent tax rate and the rollback tax |
|
rate for the unit as required by Chapter 26; and |
|
(2) school district to calculate and submit the |
|
equivalent tax rate, the rollback tax rate, and the rate to maintain |
|
the same amount of state and local revenue per weighted student that |
|
the district received in the school year beginning in the preceding |
|
tax year as required by Chapter 26. |
|
(g) The forms described by Subsection (f) must be in an |
|
electronic format and: |
|
(1) have blanks that can be filled in electronically; |
|
(2) be capable of being certified by the designated |
|
officer or employee after completion as accurately calculating the |
|
applicable tax rates and using values that are the same as the |
|
values shown in the taxing unit's certified appraisal roll; and |
|
(3) be capable of being electronically incorporated |
|
into the real-time tax database maintained by the tax notice |
|
officer of each appraisal district and submitted electronically to |
|
the county assessor-collector of each county in which all or part of |
|
the territory of the taxing unit is located. |
|
(h) For purposes of Subsections (f) and (g), the comptroller |
|
shall use the forms published on the comptroller's Internet website |
|
as of January 1, 2017, as modified as necessary to comply with the |
|
requirements of those subsections. The forms may be updated at the |
|
discretion of the comptroller to reflect any change in the values |
|
used to calculate a tax rate, including the changes resulting from |
|
the implementation in the 2018 tax year of S.B. 1, Acts of the 85th |
|
Legislature, 1st Called Session, 2017, or similar legislation |
|
enacted at that session, or a change in a subsequent tax year |
|
resulting from a statutory change in a value used to calculate a tax |
|
rate. The forms may also be updated at the discretion of the |
|
comptroller to reflect formatting or other nonsubstantive changes. |
|
(i) The comptroller may revise the forms to reflect |
|
statutory changes other than those described by Subsection (h) or |
|
on receipt of a request in writing. A revision under this |
|
subsection must be approved by the agreement of a majority of the |
|
members of a committee selected by the comptroller who are present |
|
at a committee meeting at which a quorum is present. The members of |
|
the committee must represent, equally, taxpayers and either taxing |
|
units or persons designated by taxing units. In the case of a |
|
revision for which the comptroller receives a request in writing, |
|
the person requesting the revision shall pay the costs of mediation |
|
if the comptroller determines that mediation is required. |
|
SECTION 8. Section 5.091, Tax Code, is amended to read as |
|
follows: |
|
Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the |
|
comptroller shall prepare a list that includes the total tax rate |
|
imposed by each taxing unit in this state, as [other than a school
|
|
district, if the tax rate is] reported to the comptroller by each |
|
appraisal district, for the year [preceding the year] in which the |
|
list is prepared. The comptroller shall: |
|
(1) prescribe the manner in which and deadline by |
|
which appraisal districts are required to submit the tax rates to |
|
the comptroller; and |
|
(2) list the tax rates alphabetically according to: |
|
(A) the county or counties in which each taxing |
|
unit is located; and |
|
(B) the name of each taxing unit [in descending
|
|
order]. |
|
(b) Not later than January 1 [December 31] of the following |
|
[each] year, the comptroller shall publish on the comptroller's |
|
Internet website the list required by Subsection (a). |
|
SECTION 9. Sections 5.102(a) and (c), Tax Code, are amended |
|
to read as follows: |
|
(a) At least once every two years, the comptroller shall |
|
review the governance of each appraisal district, taxpayer |
|
assistance provided, and the operating and appraisal standards, |
|
procedures, and methodology used by each appraisal district, to |
|
determine compliance with generally accepted standards, |
|
procedures, and methodology, including compliance with standards, |
|
procedures, and methodology prescribed by appraisal manuals |
|
prepared and issued by the comptroller. After consultation with |
|
the property tax administration advisory board [committee created
|
|
under Section 403.302, Government Code], the comptroller by rule |
|
may establish procedures and standards for conducting and scoring |
|
the review. |
|
(c) At the conclusion of the review, the comptroller shall, |
|
in writing, notify the appraisal district concerning its |
|
performance in the review. If the review results in a finding that |
|
an appraisal district is not in compliance with generally accepted |
|
standards, procedures, and methodology, including compliance with |
|
standards, procedures, and methodology prescribed by appraisal |
|
manuals prepared and issued by the comptroller, the comptroller |
|
shall deliver a report that details the comptroller's findings and |
|
recommendations for improvement to: |
|
(1) the appraisal district's chief appraiser and board |
|
of directors; and |
|
(2) the superintendent and board of trustees of each |
|
school district participating in the appraisal district. |
|
SECTION 10. Chapter 5, Tax Code, is amended by adding |
|
Section 5.104 to read as follows: |
|
Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The |
|
comptroller shall prepare: |
|
(1) an appraisal review board survey form that allows |
|
an individual described by Subsection (b) to submit comments and |
|
suggestions to the comptroller regarding an appraisal review board; |
|
and |
|
(2) instructions for completing and submitting the |
|
form. |
|
(b) The following individuals may complete and submit a |
|
survey form under this section: |
|
(1) a property owner who files a motion under Section |
|
25.25 to correct the appraisal roll or a protest under Chapter 41; |
|
(2) the designated agent of the property owner; or |
|
(3) a designated representative of the appraisal |
|
district in which the motion or protest is filed who attends the |
|
hearing on the motion or protest. |
|
(c) The survey form must allow an individual to submit |
|
comments and suggestions regarding: |
|
(1) the matters listed in Section 5.103(b); and |
|
(2) any other matter related to the fairness and |
|
efficiency of the appraisal review board. |
|
(d) An appraisal district must provide the survey form and |
|
the instructions for completing and submitting the form to each |
|
property owner or designated agent of the owner at or before each |
|
hearing conducted under Section 25.25 or Chapter 41 by the |
|
appraisal review board established for the appraisal district or by |
|
a panel of the board. |
|
(e) An individual who elects to submit the survey form must |
|
submit the form to the comptroller as provided by this section. An |
|
appraisal district may not accept a survey form submitted under |
|
this section. An individual may submit only one survey form for |
|
each motion or protest. |
|
(f) The comptroller shall allow an individual to submit a |
|
survey form to the comptroller in the following manner: |
|
(1) in person; |
|
(2) by mail; |
|
(3) by electronic mail; or |
|
(4) through a web page on the comptroller's Internet |
|
website that allows the individual to complete and submit the form. |
|
(g) An appraisal district may not require a property owner |
|
or the designated agent of the owner to complete a survey form at |
|
the appraisal office in order to be permitted to submit the form to |
|
the comptroller. |
|
(h) A property owner, the designated agent of the owner, or |
|
a designated representative of an appraisal district who elects to |
|
submit a survey form must submit the form not later than the 45th |
|
day after the date the form is provided to the owner or agent under |
|
Subsection (d). |
|
(i) The comptroller shall issue an annual report that |
|
summarizes the information included in the survey forms submitted |
|
during the preceding year. The report may not disclose the identity |
|
of an individual who submitted a survey form. |
|
(j) The comptroller may adopt rules necessary to implement |
|
this section. |
|
SECTION 11. Section 5.13(d), Tax Code, is amended to read as |
|
follows: |
|
(d) In conducting a general audit, the comptroller shall |
|
consider and report on: |
|
(1) the extent to which the district complies with |
|
applicable law or generally accepted standards of appraisal or |
|
other relevant practice, including appraisal standards and |
|
practices prescribed by appraisal manuals prepared and issued by |
|
the comptroller; |
|
(2) the uniformity and level of appraisal of major |
|
kinds of property and the cause of any significant deviations from |
|
ideal uniformity and equality of appraisal of major kinds of |
|
property; |
|
(3) duplication of effort and efficiency of operation; |
|
(4) the general efficiency, quality of service, and |
|
qualification of appraisal district personnel; and |
|
(5) except as otherwise provided by Subsection (b) [of
|
|
this section], any other matter included in the request for the |
|
audit. |
|
SECTION 12. Section 6.035(a-1), Tax Code, is amended to |
|
read as follows: |
|
(a-1) An individual is ineligible to serve on an appraisal |
|
district board of directors if the individual has engaged in the |
|
business of appraising property for compensation for use in |
|
proceedings under this title or of representing property owners for |
|
compensation in proceedings under this title in the appraisal |
|
district at any time during the preceding three [five] years. |
|
SECTION 13. Section 6.05, Tax Code, is amended by adding |
|
Subsection (k) to read as follows: |
|
(k) The chief appraiser shall establish an office of tax |
|
notices in the appraisal district. The office is responsible for |
|
delivering the notice required by Section 26.04(e-2) and creating |
|
and maintaining the database required by Section 26.17. The office |
|
is administered by the tax notice officer, who is appointed by and |
|
serves at the pleasure of the chief appraiser. The chief appraiser |
|
may designate other personnel to assist the tax notice officer in |
|
performing the functions of the office. In all communications, the |
|
office must identify itself as the "(insert name of county in which |
|
appraisal district is established) County Office of Tax Notices" |
|
rather than as the appraisal district. |
|
SECTION 14. Section 6.15, Tax Code, is amended by adding |
|
Subsection (c-1) to read as follows: |
|
(c-1) Subsections (a) and (b) do not prohibit a member of |
|
the board of directors of an appraisal district from transmitting |
|
to the chief appraiser without comment a complaint by a property |
|
owner or taxing unit about the appraisal of a specific property, |
|
provided that the transmission is in writing. |
|
SECTION 15. Section 6.41, Tax Code, is amended by amending |
|
Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and |
|
(d-10) to read as follows: |
|
(b) Except as provided by Subsection (b-1) or (b-2), an |
|
appraisal review [The] board consists of three members. |
|
(b-1) An appraisal [However, the] district board of |
|
directors by resolution of a majority of the board's [its] members |
|
may increase the size of the district's appraisal review board to |
|
the number of members the board of directors considers appropriate. |
|
(b-2) An appraisal district board of directors for a |
|
district established in a county with a population of one million or |
|
more by resolution of a majority of the board's members shall |
|
increase the size of the district's appraisal review board to the |
|
number of members the board of directors considers appropriate to |
|
manage the duties of the appraisal review board, including the |
|
duties of each special panel established under Section 6.425. |
|
(d-9) In selecting individuals who are to serve as members |
|
of the appraisal review board for an appraisal district described |
|
by Subsection (b-2), the local administrative district judge shall |
|
select an adequate number of qualified individuals to permit the |
|
chairman of the appraisal review board to fill the positions on each |
|
special panel established under Section 6.425. |
|
(d-10) Upon selection of the individuals who are to serve as |
|
members of the appraisal review board, the local administrative |
|
district judge shall enter an appropriate order designating such |
|
members and setting each member's respective term of office, as |
|
provided elsewhere in this section. |
|
SECTION 16. Sections 6.412(a) and (d), Tax Code, are |
|
amended to read as follows: |
|
(a) An individual is ineligible to serve on an appraisal |
|
review board if the individual: |
|
(1) is related within the second degree by |
|
consanguinity or affinity, as determined under Chapter 573, |
|
Government Code, to an individual who is engaged in the business of |
|
appraising property for compensation for use in proceedings under |
|
this title or of representing property owners for compensation in |
|
proceedings under this title in the appraisal district for which |
|
the appraisal review board is established; |
|
(2) owns property on which delinquent taxes have been |
|
owed to a taxing unit for more than 60 days after the date the |
|
individual knew or should have known of the delinquency unless: |
|
(A) the delinquent taxes and any penalties and |
|
interest are being paid under an installment payment agreement |
|
under Section 33.02; or |
|
(B) a suit to collect the delinquent taxes is |
|
deferred or abated under Section 33.06 or 33.065; or |
|
(3) is related within the third degree by |
|
consanguinity or within the second degree by affinity, as |
|
determined under Chapter 573, Government Code, to a member of: |
|
(A) the appraisal district's board of directors; |
|
or |
|
(B) the appraisal review board. |
|
(d) A person is ineligible to serve on the appraisal review |
|
board of an appraisal district established for a county described |
|
by Section 6.41(d-1) [having a population of more than 100,000] if |
|
the person: |
|
(1) is a former member of the board of directors, |
|
former officer, or former employee of the appraisal district; |
|
(2) served as a member of the governing body or officer |
|
of a taxing unit for which the appraisal district appraises |
|
property, until the fourth anniversary of the date the person |
|
ceased to be a member or officer; [or] |
|
(3) appeared before the appraisal review board for |
|
compensation during the two-year period preceding the date the |
|
person is appointed; or |
|
(4) served for all or part of three previous terms as a |
|
board member or auxiliary board member on the appraisal review |
|
board. |
|
SECTION 17. Section 6.414(d), Tax Code, is amended to read |
|
as follows: |
|
(d) An auxiliary board member may hear taxpayer protests |
|
before the appraisal review board. An auxiliary board member may |
|
not hear taxpayer protests before a special panel established under |
|
Section 6.425 unless the member is eligible to be appointed to the |
|
special panel. If one or more auxiliary board members sit on a |
|
panel established under Section 6.425 or 41.45 to conduct a protest |
|
hearing, the number of regular appraisal review board members |
|
required by that section to constitute the panel is reduced by the |
|
number of auxiliary board members sitting. An auxiliary board |
|
member sitting on a panel is considered a regular board member for |
|
all purposes related to the conduct of the hearing. |
|
SECTION 18. Section 6.42(a), Tax Code, is amended to read as |
|
follows: |
|
(a) A majority of the appraisal review board constitutes a |
|
quorum. The local administrative district judge under Subchapter |
|
D, Chapter 74, Government Code, in the county in which [board of
|
|
directors of] the appraisal district is established [by resolution] |
|
shall select a chairman and a secretary from among the members of |
|
the appraisal review board. The judge [board of directors of the
|
|
appraisal district] is encouraged to select as chairman [of the
|
|
appraisal review board] a member of the appraisal review board, if |
|
any, who has a background in law and property appraisal. |
|
SECTION 19. Section 6.42, Tax Code, is amended by adding |
|
Subsection (d) to read as follows: |
|
(d) The concurrence of a majority of the members of the |
|
appraisal review board or a panel of the board present at a meeting |
|
of the board or panel is sufficient for a recommendation, |
|
determination, decision, or other action by the board or panel, and |
|
the concurrence of more than a majority of the members of the board |
|
or panel may not be required. |
|
SECTION 20. Subchapter C, Chapter 6, Tax Code, is amended by |
|
adding Section 6.425 to read as follows: |
|
Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN |
|
CERTAIN DISTRICTS. (a) This section applies only to the appraisal |
|
review board for an appraisal district described by Section |
|
6.41(b-2). |
|
(b) The appraisal review board shall establish special |
|
panels to conduct protest hearings under Chapter 41 relating to |
|
property that: |
|
(1) has an appraised value of $50 million or more as |
|
determined by the appraisal district; and |
|
(2) is included in one of the following |
|
classifications: |
|
(A) commercial real and personal property; |
|
(B) real and personal property of utilities; |
|
(C) industrial and manufacturing real and |
|
personal property; and |
|
(D) multifamily residential real property. |
|
(c) Each special panel described by this section consists of |
|
three members of the appraisal review board appointed by the |
|
chairman of the board. |
|
(d) To be eligible to be appointed to a special panel |
|
described by this section, a member of the appraisal review board |
|
must: |
|
(1) hold a juris doctor or equivalent degree; |
|
(2) hold a master of business administration degree; |
|
(3) be licensed as a certified public accountant under |
|
Chapter 901, Occupations Code; |
|
(4) be accredited by the American Society of |
|
Appraisers as an accredited senior appraiser; |
|
(5) possess an MAI professional designation from the |
|
Appraisal Institute; |
|
(6) possess a Certified Assessment Evaluator (CAE) |
|
professional designation from the International Association of |
|
Assessing Officers; |
|
(7) have at least 10 years of experience in property |
|
tax appraisal or consulting; or |
|
(8) be licensed as a real estate broker or sales agent |
|
under Chapter 1101, Occupations Code. |
|
(e) Notwithstanding Subsection (d), the chairman of the |
|
appraisal review board may appoint to a special panel described by |
|
this section a member of the appraisal review board who does not |
|
meet the qualifications prescribed by that subsection if: |
|
(1) the number of persons appointed to the board by the |
|
local administrative district judge who meet those qualifications |
|
is not sufficient to fill the positions on each special panel; and |
|
(2) the board member being appointed to the panel |
|
holds a bachelor's degree in any field. |
|
(f) In addition to conducting protest hearings relating to |
|
property described by Subsection (b) of this section, a special |
|
panel may conduct protest hearings under Chapter 41 relating to |
|
property not described by Subsection (b) of this section as |
|
assigned by the chairman of the appraisal review board. |
|
SECTION 21. Section 11.4391(a), Tax Code, is amended to |
|
read as follows: |
|
(a) The chief appraiser shall accept and approve or deny an |
|
application for an exemption for freeport goods under Section |
|
11.251 after the deadline for filing it has passed if it is filed |
|
not later than June 1 [before the date the appraisal review board
|
|
approves the appraisal records]. |
|
SECTION 22. Section 22.23, Tax Code, is amended to read as |
|
follows: |
|
Sec. 22.23. FILING DATE. (a) Rendition statements and |
|
property reports must be delivered to the chief appraiser after |
|
January 1 and not later than April 1 [15], except as provided by |
|
Section 22.02. |
|
(b) On written request by the property owner, the chief |
|
appraiser shall extend a deadline for filing a rendition statement |
|
or property report to a date not later than May 1 [15]. The chief |
|
appraiser may further extend the deadline an additional 15 days |
|
upon good cause shown in writing by the property owner. |
|
(c) Notwithstanding any other provision of this section, |
|
rendition statements and property reports for property regulated by |
|
the Public Utility Commission of Texas, the Railroad Commission of |
|
Texas, the federal Surface Transportation Board, or the Federal |
|
Energy Regulatory Commission must be delivered to the chief |
|
appraiser not later than April 30, except as provided by Section |
|
22.02. The chief appraiser may extend the filing deadline 15 days |
|
for good cause shown in writing by the property owner. |
|
SECTION 23. Section 23.01(b), Tax Code, is amended to read |
|
as follows: |
|
(b) The market value of property shall be determined by the |
|
application of generally accepted appraisal methods and |
|
techniques, including appraisal methods and techniques prescribed |
|
by appraisal manuals prepared and issued by the comptroller. If the |
|
appraisal district determines the appraised value of a property |
|
using mass appraisal standards, the mass appraisal standards must |
|
comply with the Uniform Standards of Professional Appraisal |
|
Practice. The same or similar appraisal methods and techniques |
|
shall be used in appraising the same or similar kinds of property. |
|
However, each property shall be appraised based upon the individual |
|
characteristics that affect the property's market value, and all |
|
available evidence that is specific to the value of the property |
|
shall be taken into account in determining the property's market |
|
value. |
|
SECTION 24. Sections 25.19(a) and (g), Tax Code, are |
|
amended to read as follows: |
|
(a) By April 15 [1] or as soon thereafter as practicable [if
|
|
the property is a single-family residence that qualifies for an
|
|
exemption under Section 11.13, or by May 1 or as soon thereafter as
|
|
practicable in connection with any other property], the chief |
|
appraiser shall deliver a clear and understandable written notice |
|
to a property owner of the appraised value of the property owner's |
|
property if: |
|
(1) the appraised value of the property is greater |
|
than it was in the preceding year; |
|
(2) the appraised value of the property is greater |
|
than the value rendered by the property owner; |
|
(3) the property was not on the appraisal roll in the |
|
preceding year; or |
|
(4) an exemption or partial exemption approved for the |
|
property for the preceding year was canceled or reduced for the |
|
current year. |
|
(g) By April 15 [1] or as soon thereafter as practicable [if
|
|
the property is a single-family residence that qualifies for an
|
|
exemption under Section 11.13, or by May 1 or as soon thereafter as
|
|
practicable in connection with any other property], the chief |
|
appraiser shall deliver a written notice to the owner of each |
|
property not included in a notice required to be delivered under |
|
Subsection (a), if the property was reappraised in the current tax |
|
year, if the ownership of the property changed during the preceding |
|
year, or if the property owner or the agent of a property owner |
|
authorized under Section 1.111 makes a written request for the |
|
notice. The chief appraiser shall separate real from personal |
|
property and include in the notice for each property: |
|
(1) the appraised value of the property in the |
|
preceding year; |
|
(2) the appraised value of the property for the |
|
current year and the kind of each partial exemption, if any, |
|
approved for the current year; |
|
(3) a detailed explanation of the time and procedure |
|
for protesting the value; and |
|
(4) the date and place the appraisal review board will |
|
begin hearing protests. |
|
SECTION 25. Effective January 1, 2019, Section 25.19, Tax |
|
Code, is amended by adding Subsections (b-3) and (b-4) to read as |
|
follows: |
|
(b-3) This subsection applies only to an appraisal district |
|
described by Section 6.41(b-2). In addition to the information |
|
required by Subsection (b), the chief appraiser shall state in a |
|
notice of appraised value of property described by Section 6.425(b) |
|
that the property owner has the right to have a protest relating to |
|
the property heard by a special panel of the appraisal review board. |
|
(b-4) Subsection (b)(5) applies only to a notice of |
|
appraised value required to be delivered by the chief appraiser of |
|
an appraisal district established in a county with a population of |
|
less than 120,000. This subsection expires January 1, 2020. |
|
SECTION 26. Effective January 1, 2020, 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, the kind and amount of each exemption and partial |
|
exemption, if any, approved for the property for the current year |
|
and for the preceding year, and, if an exemption or partial |
|
exemption that was approved for the preceding year was canceled or |
|
reduced for the current year, the amount of the exemption or partial |
|
exemption canceled or reduced; |
|
(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 27. Section 25.22(a), Tax Code, is amended to read |
|
as follows: |
|
(a) By May 1 [15] or as soon thereafter as practicable, the |
|
chief appraiser shall submit the completed appraisal records to the |
|
appraisal review board for review and determination of protests. |
|
However, the chief appraiser may not submit the records until the |
|
chief appraiser has delivered the notices required by Subsection |
|
(d) of Section 11.45, Subsection (d) of Section 23.44, Subsection |
|
(d) of Section 23.57, Subsection (d) of Section 23.79, Subsection |
|
(d) of Section 23.85, Subsection (d) of Section 23.95, Subsection |
|
(d) of Section 23.9805, and Section 25.19. |
|
SECTION 28. Sections 26.01(a) and (e), Tax Code, are |
|
amended to read as follows: |
|
(a) By July 10 [25], the chief appraiser shall prepare and |
|
certify to the assessor for each taxing unit participating in the |
|
district that part of the appraisal roll for the district that lists |
|
the property taxable by the unit. The part certified to the |
|
assessor is the appraisal roll for the unit. The chief appraiser |
|
shall consult with the assessor for each taxing unit and notify each |
|
unit in writing by April 1 of the form in which the roll will be |
|
provided to each unit. |
|
(e) Except as provided by Subsection (f), not later than May |
|
15 [April 30], the chief appraiser shall prepare and certify to the |
|
assessor for each county, municipality, and school district |
|
participating in the appraisal district an estimate of the taxable |
|
value of property in that taxing unit. The chief appraiser shall |
|
assist each county, municipality, and school district in |
|
determining values of property in that taxing unit for the taxing |
|
unit's budgetary purposes. |
|
SECTION 29. Section 26.012, Tax Code, is amended by |
|
amending Subdivisions (9) and (10) and adding Subdivision (19) to |
|
read as follows: |
|
(9) "Equivalent [Effective] maintenance and |
|
operations rate" means a rate expressed in dollars per $100 of |
|
taxable value and calculated according to the following formula: |
|
EQUIVALENT [EFFECTIVE] MAINTENANCE AND OPERATIONS |
|
RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST |
|
YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - |
|
NEW PROPERTY VALUE) |
|
(10) "Excess collections" means the amount, if any, by |
|
which debt taxes collected in the preceding year exceeded the |
|
amount anticipated in the preceding year's calculation of the |
|
rollback tax rate, as certified by the collector under Section |
|
26.04(b) [of this code]. |
|
(19) "Small taxing unit" means a taxing unit, other |
|
than a school district, for which the sum of property tax proposed |
|
to be collected for the tax year and sales and use tax projected to |
|
be received from the state comptroller during the fiscal period is |
|
$20 million or less. |
|
SECTION 30. The heading to Section 26.04, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
|
EQUIVALENT [EFFECTIVE] AND ROLLBACK TAX RATES. |
|
SECTION 31. Section 26.04, Tax Code, is amended by amending |
|
Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and |
|
adding Subsections (c-1), (d-1), (d-2), (d-3), (e-2), (e-3), (e-4), |
|
(e-5), (h-1), and (h-2) 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 by July 15 [August 1] or as soon |
|
thereafter as practicable. By July 15 [August 1] or as soon |
|
thereafter as practicable, the taxing unit's collector shall |
|
certify [an estimate of] the anticipated collection rate as |
|
calculated under Subsections (h), (h-1), and (h-2) 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) After the assessor for the unit submits the appraisal |
|
roll for the unit to the governing body of the unit as required by |
|
Subsection (b), an [An] officer or employee designated by the |
|
governing body shall calculate the equivalent [effective] tax rate |
|
and the rollback tax rate for the unit, where: |
|
(1) "Equivalent [Effective] tax rate" means a rate |
|
expressed in dollars per $100 of taxable value calculated according |
|
to the following formula: |
|
EQUIVALENT [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY - |
|
LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
|
PROPERTY VALUE) |
|
; and |
|
(2) "Rollback tax rate" means a rate expressed in |
|
dollars per $100 of taxable value calculated according to the |
|
following applicable formula: |
|
(A) for a small taxing unit: |
|
ROLLBACK TAX RATE = (EQUIVALENT [EFFECTIVE] |
|
MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
|
RATE |
|
; or |
|
(B) for a taxing unit other than a small taxing |
|
unit: |
|
ROLLBACK TAX RATE = (EQUIVALENT MAINTENANCE AND |
|
OPERATIONS RATE x 1.04) + CURRENT DEBT RATE |
|
(c-1) Notwithstanding any other provision of this section, |
|
the governing body of a taxing unit other than a small taxing unit |
|
may direct the designated officer or employee to calculate the |
|
rollback tax rate of the unit in the manner provided for a small |
|
taxing unit if any part of the unit is located in an area declared a |
|
disaster area during the current tax year by the governor or by the |
|
president of the United States. The designated officer or employee |
|
shall continue calculating the rollback tax rate in the manner |
|
provided by this subsection until the earlier of: |
|
(1) the first tax year in which the total taxable value |
|
of property taxable by the taxing unit as shown on the appraisal |
|
roll for the taxing unit submitted by the assessor for the taxing |
|
unit to the governing body exceeds the total taxable value of |
|
property taxable by the taxing unit on January 1 of the tax year in |
|
which the disaster occurred; or |
|
(2) the fifth tax year after the tax year in which the |
|
disaster occurred. |
|
(d) The equivalent [effective] tax rate for a county is the |
|
sum of the equivalent [effective] tax rates calculated for each |
|
type of tax the county levies 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. |
|
(d-1) The designated officer or employee shall use the tax |
|
rate calculation forms prescribed by the comptroller under Section |
|
5.07 in calculating the equivalent tax rate and the rollback tax |
|
rate. |
|
(d-2) The designated officer or employee may not submit the |
|
equivalent tax rate and the rollback tax rate to the governing body |
|
of the taxing unit and the unit may not adopt a tax rate until the |
|
designated officer or employee certifies on the tax rate |
|
calculation forms that the designated officer or employee has |
|
accurately calculated the tax rates and has used values that are the |
|
same as the values shown in the unit's certified appraisal roll in |
|
performing the calculations. |
|
(d-3) As soon as practicable after the designated officer or |
|
employee calculates the equivalent tax rate and the rollback tax |
|
rate of the taxing unit, the designated officer or employee shall |
|
submit the tax rate calculation forms used in calculating the rates |
|
to the county assessor-collector for each county in which all or |
|
part of the territory of the unit is located. |
|
(e) By July 22 [August 7] or as soon thereafter as |
|
practicable, the designated officer or employee shall submit the |
|
rates to the governing body. By July 27, the designated officer or |
|
employee [He] shall deliver by mail to each property owner in the |
|
unit or publish in a newspaper, and shall also post prominently on |
|
the home page of the unit's Internet website if published in a |
|
newspaper, in the form prescribed by the comptroller: |
|
(1) the equivalent [effective] tax rate, the rollback |
|
tax rate, and an explanation of how they were calculated; |
|
(2) 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 equivalent [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 tax 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 tax 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 tax rate certification requirements imposed by |
|
Subsection (d-2) and the notice requirements imposed by Subsections |
|
(e)(1)-(6) do not apply to a school district. |
|
(e-2) By July 22 or as soon thereafter as practicable, the |
|
tax notice officer of each appraisal district shall deliver by |
|
regular mail or e-mail to each owner of property located in the |
|
appraisal district a notice that the estimated amount of taxes to be |
|
imposed on the owner's property by each taxing unit in which the |
|
property is located may be found in the real-time tax database |
|
maintained by the tax notice officer under Section 26.17. The |
|
notice must include: |
|
(1) the following statement: |
|
"PROPOSED (tax year) PROPERTY TAX BILL INFORMATION |
|
"Information concerning the (insert tax year) property taxes |
|
on your property proposed by your local taxing units, together with |
|
information about expressing your support for or opposition to the |
|
proposed property taxes, may be found in the real-time tax notice at |
|
the website listed below: |
|
"(address of the Internet website at which the information |
|
may be found)"; |
|
(2) a statement that the property owner may request |
|
from the county assessor-collector contact information for the |
|
assessor for each taxing unit in which the property is located, who |
|
must provide the information described by this subsection to the |
|
owner on request; and |
|
(3) the address and telephone number of the county |
|
assessor-collector. |
|
(e-3) The heading of the statement described by Subsection |
|
(e-2)(1) must be in bold, capital letters in typeset larger than |
|
that used in the other provisions of the notice. |
|
(e-4) The comptroller may adopt rules regarding the format |
|
and delivery of the notice required by Subsection (e-2). |
|
(e-5) The governing body of a taxing unit shall include as |
|
an appendix to the unit's budget for a fiscal year the tax rate |
|
calculation forms used by the designated officer or employee of the |
|
unit to calculate the equivalent tax rate and the rollback tax rate |
|
of the unit for the tax year in which the fiscal year begins. |
|
(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 equivalent |
|
[effective] and rollback tax rates under this section. |
|
(g) A person who owns taxable property is entitled to an |
|
injunction prohibiting the taxing unit in which the property is |
|
taxable from adopting a tax rate if the assessor or designated |
|
officer or employee of the unit, the tax notice officer of the |
|
applicable appraisal district, or the taxing unit, as applicable, |
|
has not complied with the computation, [or] publication, or posting |
|
requirements of this section or Section 26.16, 26.17, or 26.18 [and
|
|
the failure to comply was not in good faith]. It is a defense in an |
|
action for an injunction under this subsection that the failure to |
|
comply was in good faith. |
|
(h-1) Notwithstanding Subsection (h), if the anticipated |
|
collection rate of a taxing unit as calculated under that |
|
subsection is lower than the lowest actual collection rate of the |
|
taxing unit for any of the preceding three years, the anticipated |
|
collection rate of the taxing unit for purposes of this section is |
|
equal to the lowest actual collection rate of the taxing unit for |
|
any of the preceding three years. |
|
(h-2) The anticipated collection rate of a taxing unit for |
|
purposes of this section is the rate calculated under Subsection |
|
(h) as modified by Subsection (h-1), if applicable, regardless of |
|
whether that rate exceeds 100 percent. |
|
(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 equivalent [effective] maintenance and |
|
operations 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 equivalent |
|
[effective] maintenance and operations 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 equivalent [effective] maintenance and operations |
|
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 equivalent [effective] maintenance and |
|
operations 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 32. Section 26.041, Tax Code, is amended by |
|
amending Subsections (a), (b), (c), (e), (g), and (h) and adding |
|
Subsection (c-1) to read as follows: |
|
(a) In the first year in which an additional sales and use |
|
tax is required to be collected, the equivalent [effective] tax |
|
rate and rollback tax rate for the unit are calculated according to |
|
the following formulas: |
|
EQUIVALENT [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY - |
|
LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
|
PROPERTY VALUE)] - SALES TAX GAIN RATE |
|
and |
|
ROLLBACK TAX RATE FOR SMALL TAXING UNIT = (EQUIVALENT |
|
[EFFECTIVE] MAINTENANCE AND OPERATIONS RATE x 1.08) + |
|
CURRENT DEBT RATE - SALES TAX GAIN RATE |
|
or |
|
ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL |
|
TAXING UNIT = (EQUIVALENT MAINTENANCE AND OPERATIONS |
|
RATE x 1.04) + 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. |
|
(b) Except as provided by Subsections (a) and (c) [of this
|
|
section], in a year in which a taxing unit imposes an additional |
|
sales and use tax, the rollback tax rate for the unit is calculated |
|
according to the following applicable formula, regardless of |
|
whether the unit levied a property tax in the preceding year: |
|
ROLLBACK TAX RATE FOR SMALL TAXING UNIT = [(LAST YEAR'S |
|
MAINTENANCE AND OPERATIONS EXPENSE x 1.08) / ([TOTAL] |
|
CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + (CURRENT |
|
DEBT RATE - SALES TAX REVENUE RATE) |
|
or |
|
ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL |
|
TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS |
|
EXPENSE x 1.04) / (CURRENT TOTAL VALUE - NEW PROPERTY |
|
VALUE)] + (CURRENT DEBT RATE - SALES TAX REVENUE RATE) |
|
where "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, and |
|
"sales tax revenue 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 current 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 equivalent [effective] tax rate and rollback tax |
|
rate for the unit are calculated according to the following |
|
formulas: |
|
EQUIVALENT [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY - |
|
LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
|
PROPERTY VALUE)] + SALES TAX LOSS RATE |
|
[and] |
|
ROLLBACK TAX RATE FOR SMALL TAXING UNIT = [(LAST YEAR'S |
|
MAINTENANCE AND OPERATIONS EXPENSE x 1.08) / ([TOTAL] |
|
CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + CURRENT |
|
DEBT RATE |
|
and |
|
ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL |
|
TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS |
|
EXPENSE x 1.04) / (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. |
|
(c-1) Notwithstanding any other provision of this section, |
|
the governing body of a taxing unit other than a small taxing unit |
|
may direct the designated officer or employee to calculate the |
|
rollback tax rate of the unit in the manner provided for a small |
|
taxing unit if any part of the unit is located in an area declared a |
|
disaster area during the current tax year by the governor or by the |
|
president of the United States. The designated officer or employee |
|
shall continue calculating the rollback tax rate in the manner |
|
provided by this subsection until the earlier of: |
|
(1) the first tax year in which the total taxable value |
|
of property taxable by the taxing unit as shown on the appraisal |
|
roll for the taxing unit submitted by the assessor for the taxing |
|
unit to the governing body exceeds the total taxable value of |
|
property taxable by the taxing unit on January 1 of the tax year in |
|
which the disaster occurred; or |
|
(2) the fifth tax year after the tax year in which the |
|
disaster occurred. |
|
(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 equivalent [effective] 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 designated 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, the equivalent [effective] tax rate for |
|
the unit is the equivalent [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. |
|
(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 designated 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, the equivalent [effective] tax rate for the unit is |
|
the equivalent [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. |
|
SECTION 33. The heading to Section 26.043, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.043. ROLLBACK AND EQUIVALENT [EFFECTIVE] TAX RATES |
|
[RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. |
|
SECTION 34. 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 equivalent [effective] 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 equivalent [effective] or rollback |
|
tax rate refers to that rate as adjusted under this section. |
|
SECTION 35. The heading to Section 26.044, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.044. EQUIVALENT [EFFECTIVE] TAX RATE TO PAY FOR |
|
STATE CRIMINAL JUSTICE MANDATE. |
|
SECTION 36. Sections 26.044(a), (b), and (c), 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 equivalent [effective] maintenance and |
|
operation rate for the county 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 equivalent |
|
[effective] maintenance and operation rate for the county 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) |
|
(c) The county shall include a notice of the increase in the |
|
equivalent [effective] maintenance and operation rate provided by |
|
this section, including a description and amount of the state |
|
criminal justice mandate, in the information published under |
|
Section 26.04(e) and Section 26.06(b) [of this code]. |
|
SECTION 37. Sections 26.0441(a), (b), and (c), 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 equivalent [effective] maintenance and operations rate for the |
|
taxing unit 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 equivalent [effective] |
|
maintenance and operations rate for the taxing unit 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) |
|
(c) The taxing unit shall include a notice of the increase |
|
in its equivalent [effective] maintenance and operations rate |
|
provided by this section, including a brief description and the |
|
amount of the enhanced indigent health care expenditures, in the |
|
information published under Section 26.04(e) and, if applicable, |
|
Section 26.06(b). |
|
SECTION 38. Chapter 26, Tax Code, is amended by adding |
|
Section 26.0446 to read as follows: |
|
Sec. 26.0446. ELECTION TO APPLY LAW GOVERNING TAXING UNIT |
|
OTHER THAN SMALL TAXING UNIT TO SMALL TAXING UNIT. (a) On the |
|
uniform election date prescribed by Section 41.001, Election Code, |
|
in May of 2018, each taxing unit that would have been a small taxing |
|
unit in the 2017 tax year if Section 26.012(19) had been in effect |
|
in that tax year shall call an election for the purpose of allowing |
|
the voters in the taxing unit to determine whether the law governing |
|
a taxing unit other than a small taxing unit shall apply to the |
|
taxing unit. At the election, the ballots shall be prepared to |
|
permit voting for or against the proposition: "Limiting the rate at |
|
which the maintenance and operations taxes of the (name of taxing |
|
unit) may be increased without voter approval to four percent |
|
rather than eight percent and requiring an automatic election to |
|
ratify a proposed tax rate that would increase those taxes by more |
|
than that amount instead of requiring an election to limit the tax |
|
rate only if the voters petition for such an election." |
|
(b) If a majority of the votes cast in the election favor the |
|
proposition, the taxing unit is considered to be a taxing unit other |
|
than a small taxing unit regardless of whether it meets the |
|
definition of a small taxing unit under Section 26.012. |
|
(c) If the proposition is not approved as provided by |
|
Subsection (b), the taxing unit is considered to be a taxing unit |
|
other than a small taxing unit only if it does not meet the |
|
definition of a small taxing unit under Section 26.012. |
|
(d) The secretary of state by rule shall prescribe |
|
procedures for holding an election under this section. |
|
SECTION 39. Section 26.05, Tax Code, is amended by amending |
|
Subsections (a), (b), (c), (d), (e), and (g) and adding Subsections |
|
(d-1), (d-2), and (e-1) to read as follows: |
|
(a) The governing body of each taxing unit[, before the
|
|
later of September 30 or the 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 governing body must adopt a tax rate |
|
before the later of September 30 or the 60th day after the date the |
|
certified appraisal roll is received by the taxing unit, except |
|
that the governing body must adopt a tax rate that exceeds the |
|
rollback tax rate before August 15. The tax rate consists of two |
|
components, each of which must be approved separately. The |
|
components are: |
|
(1) for a taxing unit other than a school district, the |
|
rate that, if applied to the total taxable value, will impose 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, for a school district, the rate calculated |
|
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. For a taxing unit other than a school district, the vote on |
|
the ordinance, resolution, or order setting a tax rate that exceeds |
|
the equivalent [effective] tax rate must be a record vote, and at |
|
least 60 percent of the members of the governing body must vote in |
|
favor of the ordinance, resolution, or order. For a school |
|
district, the vote on the ordinance, resolution, or order setting a |
|
tax rate that exceeds the sum of the equivalent [effective] |
|
maintenance and operations tax rate of the district as determined |
|
under Section 26.08(i) and the district's current debt rate must be |
|
a record vote, and at least 60 percent of the members of the |
|
governing body must vote in favor of the ordinance, resolution, or |
|
order. A motion to adopt an ordinance, resolution, or order setting |
|
a tax rate that exceeds the equivalent [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 equivalent [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 equivalent |
|
[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 EQUIVALENT [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 the [any] Internet |
|
website of [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 equivalent |
|
[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 EQUIVALENT [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 governing body of a taxing unit does not 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 equivalent |
|
[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 equivalent [effective] tax rate calculated |
|
as provided by this chapter until the governing body 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 equivalent |
|
[effective] tax rate and may not adopt a higher rate unless it first |
|
complies with Section 26.06. |
|
(d-1) The governing body of a taxing unit may not hold a |
|
public hearing on a proposed tax rate or a public meeting to adopt a |
|
tax rate until the 14th day after the date the officer or employee |
|
designated by the governing body of the unit to calculate the |
|
equivalent tax rate and the rollback tax rate for the unit complies |
|
with Section 26.17. |
|
(d-2) Notwithstanding Subsection (a), the governing body of |
|
a taxing unit other than a school district may not adopt a tax rate |
|
until: |
|
(1) the tax notice officer of each appraisal district |
|
in which the taxing unit participates has delivered the notice |
|
required by Section 26.04(e-2); |
|
(2) the designated officer or employee of the taxing |
|
unit has: |
|
(A) entered in the real-time tax database |
|
maintained by the tax notice officer the information described by |
|
Section 26.17(b) for the current tax year; and |
|
(B) incorporated the completed tax rate |
|
calculation forms prepared under Section 26.04(d-1) into the |
|
real-time tax database maintained by the tax notice officer; and |
|
(3) the taxing unit has posted the information |
|
described by Section 26.18 on the Internet website used by the |
|
taxing unit for that purpose. |
|
(e) A person who owns taxable property is entitled to an |
|
injunction restraining the collection of taxes by a taxing unit in |
|
which the property is taxable if the taxing unit has not complied |
|
with the requirements of this section or Section 26.04 [and the
|
|
failure to comply was not in good faith]. It is a defense in an |
|
action for an injunction under this subsection that the failure to |
|
comply was in good faith. An action to enjoin the collection of |
|
taxes must be filed not later than the 15th day after the date the |
|
taxing unit adopts a tax rate. A property owner is not required to |
|
pay the taxes imposed by a taxing unit on the owner's property while |
|
an action filed by the property owner to enjoin the collection of |
|
taxes imposed by the taxing unit on the owner's property is pending. |
|
If the property owner pays the taxes and subsequently prevails in |
|
the action, the property owner is entitled to a refund of the taxes |
|
paid, together with reasonable attorney's fees and court costs. |
|
The property owner is not required to apply to the collector for the |
|
taxing unit to receive the refund [prior to the date a taxing unit
|
|
delivers substantially all of its tax bills]. |
|
(e-1) The governing body of a taxing unit that imposes an |
|
additional sales and use tax may not adopt the component of the tax |
|
rate of the unit described by Subsection (a)(1) of this section |
|
until the chief financial officer or the auditor for the unit |
|
submits to the governing body of the unit a written certification |
|
that the amount of additional sales and use tax revenue that will be |
|
used to pay debt service has been deducted from the total amount |
|
published under Section 26.04(e)(3)(C) as required by Subsection |
|
(a)(1) of this section. The comptroller shall adopt rules |
|
governing the form of the certification required by this subsection |
|
and the manner in which it is required to be submitted. |
|
(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 equivalent [effective] tax rate and |
|
the rollback tax rate of the district shall be calculated based on |
|
the certified estimate of taxable value. |
|
SECTION 40. Section 26.052, Tax Code, is amended by |
|
amending Subsection (e) and adding Subsection (f) 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 equivalent [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 equivalent [effective] tax rate)." |
|
(f) A taxing unit to which this section applies that elects |
|
to provide public notice of its proposed tax rate under Subsection |
|
(c)(2) must also provide public notice of its proposed tax rate by |
|
posting notice of the proposed tax rate, including the information |
|
prescribed by Subsection (e), prominently on the home page of the |
|
Internet website of the taxing unit. |
|
SECTION 41. Section 26.06, Tax Code, is amended by amending |
|
Subsections (b), (c), (d), and (e) and adding Subsections (b-1), |
|
(b-2), (b-3), and (b-4) 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 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 effective tax rate for this year of $____
|
|
(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).
|
|
["Members of the public are encouraged to attend the hearings
|
|
and express their views."] |
|
(b-1) If the proposed tax rate exceeds the equivalent tax |
|
rate and the rollback tax rate of the taxing unit, the notice must |
|
contain a statement in the following form: |
|
"NOTICE OF PUBLIC HEARING ON TAX INCREASE |
|
"PROPOSED TAX RATE $__________ per $100 |
|
"EQUIVALENT TAX RATE $__________ per $100 |
|
"ROLLBACK TAX RATE $__________ per $100 |
|
"The equivalent tax rate is the tax rate for the (current tax |
|
year) tax year that will raise the same amount of property tax |
|
revenue for (name of taxing unit) from the same properties in both |
|
the (preceding tax year) tax year and the (current tax year) tax |
|
year. |
|
"The rollback tax rate is the highest tax rate that (name of |
|
taxing unit) may adopt without holding an election to ratify the |
|
rate. |
|
"The proposed tax rate is greater than the equivalent tax |
|
rate. This means that (name of taxing unit) is proposing to |
|
increase property taxes for the (current tax year) tax year. |
|
"A public hearing on the proposed tax rate will be held on |
|
(date and time) at (meeting place). |
|
"A second public hearing will be held on (date and time) at |
|
(meeting place). |
|
"The proposed tax rate is also greater than the rollback tax |
|
rate. If (name of taxing unit) adopts the proposed tax rate, (name |
|
of taxing unit) is required to hold an election so that the voters |
|
may accept or reject the proposed tax rate. If a majority of the |
|
voters reject the proposed tax rate, the (name of taxing unit) will |
|
be required to adopt a new tax rate that is not greater than the |
|
rollback tax rate. The election will be held on (date of election). |
|
You may contact the (name of office responsible for administering |
|
the election) for information about voting locations. The hours of |
|
voting on election day are (voting hours). |
|
"Your taxes owed under any of the tax rates mentioned above |
|
can be calculated as follows: |
|
"Property tax amount = tax rate x taxable value of your |
|
property / 100 |
|
"(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.)" |
|
(b-2) If the proposed tax rate exceeds the equivalent tax |
|
rate but does not exceed the rollback tax rate of the taxing unit, |
|
the notice must contain a statement in the following form: |
|
"NOTICE OF PUBLIC HEARING ON TAX INCREASE |
|
"PROPOSED TAX RATE $__________ per $100 |
|
"EQUIVALENT TAX RATE $__________ per $100 |
|
"ROLLBACK TAX RATE $__________ per $100 |
|
"The equivalent tax rate is the tax rate for the (current tax |
|
year) tax year that will raise the same amount of property tax |
|
revenue for (name of taxing unit) from the same properties in both |
|
the (preceding tax year) tax year and the (current tax year) tax |
|
year. |
|
"The rollback tax rate is the highest tax rate that (name of |
|
taxing unit) may adopt without holding an election to ratify the |
|
rate. |
|
"The proposed tax rate is greater than the equivalent tax |
|
rate. This means that (name of taxing unit) is proposing to |
|
increase property taxes for the (current tax year) tax year. |
|
"A public hearing on the proposed tax rate will be held on |
|
(date and time) at (meeting place). |
|
"A second public hearing will be held on (date and time) at |
|
(meeting place). |
|
"The proposed tax rate is not greater than the rollback tax |
|
rate. As a result, (name of taxing unit) is not required to hold an |
|
election at which voters may accept or reject the proposed tax rate. |
|
However, you may express your support for or opposition to the |
|
proposed tax rate by contacting the members of the (name of |
|
governing body) of (name of taxing unit) at their offices or by |
|
attending one of the public hearings mentioned above. |
|
"Your taxes owed under any of the tax rates mentioned above |
|
can be calculated as follows: |
|
"Property tax amount = tax rate x taxable value of your |
|
property / 100 |
|
"(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.)" |
|
(b-3) If the proposed tax rate does not exceed the |
|
equivalent tax rate but exceeds the rollback tax rate of the taxing |
|
unit, the notice must contain a statement in the following form: |
|
"NOTICE OF PUBLIC HEARING ON TAX RATE |
|
"PROPOSED TAX RATE $__________ per $100 |
|
"EQUIVALENT TAX RATE $__________ per $100 |
|
"ROLLBACK TAX RATE $__________ per $100 |
|
"The equivalent tax rate is the tax rate for the (current tax |
|
year) tax year that will raise the same amount of property tax |
|
revenue for (name of taxing unit) from the same properties in both |
|
the (preceding tax year) tax year and the (current tax year) tax |
|
year. |
|
"The rollback tax rate is the highest tax rate that (name of |
|
taxing unit) may adopt without holding an election to ratify the |
|
rate. |
|
"The proposed tax rate is not greater than the equivalent tax |
|
rate. This means that (name of taxing unit) is not proposing to |
|
increase property taxes for the (current tax year) tax year. |
|
"A public hearing on the proposed tax rate will be held on |
|
(date and time) at (meeting place). |
|
"A second public hearing will be held on (date and time) at |
|
(meeting place). |
|
"The proposed tax rate is greater than the rollback tax rate. |
|
If (name of taxing unit) adopts the proposed tax rate, (name of |
|
taxing unit) is required to hold an election so that the voters may |
|
accept or reject the proposed tax rate. If a majority of the voters |
|
reject the proposed tax rate, the (name of taxing unit) will be |
|
required to adopt a new tax rate that is not greater than the |
|
rollback tax rate. The election will be held on (date of election). |
|
You may contact the (name of office responsible for administering |
|
the election) for information about voting locations. The hours of |
|
voting on election day are (voting hours). |
|
"Your taxes owed under any of the tax rates mentioned above |
|
can be calculated as follows: |
|
"Property tax amount = tax rate x taxable value of your |
|
property / 100 |
|
"(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.)" |
|
(b-4) In addition to including the information described by |
|
Subsection (b-1), (b-2), or (b-3), as applicable, the notice must |
|
include the information described by Section 26.062. |
|
(c) The notice of a public hearing under this section may be |
|
delivered by mail to each property owner in the unit, or may be |
|
published in a newspaper. If the notice is published in a |
|
newspaper, it may not be in the part of the paper in which legal |
|
notices and classified advertisements appear. If the taxing unit |
|
publishes the notice in a newspaper [operates an Internet website], |
|
the taxing unit must also post the notice prominently on the home |
|
page of the Internet website of the unit [must be posted on the
|
|
website] from the date the notice is first published until the |
|
second public hearing is concluded. |
|
(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 |
|
equivalent [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). |
|
"The (governing body of the taxing unit) proposes to use the |
|
increase in total tax revenue for the purpose of (description of |
|
purpose of increase)." |
|
(e) The meeting to vote on the tax increase may not be |
|
earlier than the third day or later than the seventh [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 equivalent |
|
[effective] tax rate by the seventh [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 equivalent [effective] tax |
|
rate. |
|
SECTION 42. Chapter 26, Tax Code, is amended by adding |
|
Sections 26.061 and 26.062 to read as follows: |
|
Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE |
|
THAT DOES NOT EXCEED LOWER OF EQUIVALENT OR ROLLBACK TAX RATE. |
|
(a) This section applies only to the governing body of a taxing |
|
unit other than a school district that proposes to adopt a tax rate |
|
that does not exceed the lower of the equivalent tax rate or the |
|
rollback tax rate calculated as provided by this chapter. |
|
(b) The notice of the meeting at which the governing body of |
|
the taxing unit will vote on the proposed tax rate must contain a |
|
statement in the following form: |
|
"NOTICE OF MEETING TO VOTE ON TAX RATE |
|
"PROPOSED TAX RATE $__________ per $100 |
|
"EQUIVALENT TAX RATE $__________ per $100 |
|
"ROLLBACK TAX RATE $__________ per $100 |
|
"The equivalent tax rate is the tax rate for the (current tax |
|
year) tax year that will raise the same amount of property tax |
|
revenue for (name of taxing unit) from the same properties in both |
|
the (preceding tax year) tax year and the (current tax year) tax |
|
year. |
|
"The rollback tax rate is the highest tax rate that (name of |
|
taxing unit) may adopt without holding an election to ratify the |
|
rate. |
|
"The proposed tax rate is not greater than the equivalent tax |
|
rate. This means that (name of taxing unit) is not proposing to |
|
increase property taxes for the (current tax year) tax year. |
|
"A public meeting to vote on the proposed tax rate will be |
|
held on (date and time) at (meeting place). |
|
"The proposed tax rate is also not greater than the rollback |
|
tax rate. As a result, (name of taxing unit) is not required to hold |
|
an election to ratify the rate. However, you may express your |
|
support for or opposition to the proposed tax rate by contacting the |
|
members of the (name of governing body) of (name of taxing unit) at |
|
their offices or by attending the public meeting mentioned above. |
|
"Your taxes owed under any of the above rates can be |
|
calculated as follows: |
|
"Property tax amount = tax rate x taxable value of your |
|
property / 100 |
|
"(Names of all members of the governing body, showing how |
|
each voted on the proposed tax rate or, if one or more were absent, |
|
indicating the absences.)" |
|
(c) In addition to including the information described by |
|
Subsection (b), the notice must include the information described |
|
by Section 26.062. |
|
Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX |
|
RATE NOTICE. (a) In addition to the information described by |
|
Section 26.06(b-1), (b-2), (b-3), (b-4), (b-5), or (b-6) or 26.061, |
|
as applicable, a notice required by that provision must include at |
|
the end of the notice: |
|
(1) a statement in the following form: |
|
"The following table compares the taxes imposed on the |
|
average residence homestead by (name of taxing unit) last year to |
|
the taxes proposed to be imposed on the average residence homestead |
|
by (name of taxing unit) this year:"; |
|
(2) a table in the form required by this section |
|
following the statement described by Subdivision (1); and |
|
(3) a statement in the following form following the |
|
table: |
|
(A) if the tax assessor for the taxing unit |
|
maintains an Internet website: "For assistance with tax |
|
calculations, please contact the tax assessor for (name of taxing |
|
unit) at (telephone number) or (e-mail address), or visit (Internet |
|
website address) for more information."; or |
|
(B) if the tax assessor for the taxing unit does |
|
not maintain an Internet website: "For assistance with tax |
|
calculations, please contact the tax assessor for (name of taxing |
|
unit) at (telephone number) or (e-mail address)." |
|
(b) The table must contain five rows and four columns. |
|
(c) The first row must appear as follows: |
|
(1) the first column of the first row must be left |
|
blank; |
|
(2) the second column of the first row must state the |
|
year corresponding to the preceding tax year; |
|
(3) the third column of the first row must state the |
|
year corresponding to the current tax year; and |
|
(4) the fourth column of the first row must be entitled |
|
"Change". |
|
(d) The second row must appear as follows: |
|
(1) the first column of the second row must be entitled |
|
"Total tax rate (per $100 of value)"; |
|
(2) the second column of the second row must state the |
|
adopted tax rate for the preceding tax year; |
|
(3) the third column of the second row must state the |
|
proposed tax rate for the current tax year; and |
|
(4) the fourth column of the second row must state the |
|
nominal and percentage difference between the adopted tax rate for |
|
the preceding tax year and the proposed tax rate for the current tax |
|
year as follows: "(increase or decrease, as applicable) of |
|
(nominal difference between tax rate stated in second column of |
|
second row and tax rate stated in third column of second row) per |
|
$100, or (percentage difference between tax rate stated in second |
|
column of second row and tax rate stated in third column of second |
|
row)%". |
|
(e) The third row must appear as follows: |
|
(1) the first column of the third row must be entitled |
|
"Average homestead taxable value"; |
|
(2) the second column of the third row must state the |
|
average taxable value of a residence homestead in the taxing unit |
|
for the preceding tax year; |
|
(3) the third column of the third row must state the |
|
average taxable value of a residence homestead in the taxing unit |
|
for the current tax year; and |
|
(4) the fourth column of the third row must state the |
|
percentage difference between the average taxable value of a |
|
residence homestead in the taxing unit for the preceding tax year |
|
and the average taxable value of a residence homestead in the taxing |
|
unit for the current tax year as follows: "(increase or decrease, |
|
as applicable) of (percentage difference between amount stated in |
|
second column of third row and amount stated in third column of |
|
third row)%". |
|
(f) The fourth row must appear as follows: |
|
(1) the first column of the fourth row must be entitled |
|
"Tax on average homestead"; |
|
(2) the second column of the fourth row must state the |
|
amount of taxes imposed by the taxing unit in the preceding tax year |
|
on a residence homestead with a taxable value equal to the average |
|
taxable value of a residence homestead in the taxing unit in the |
|
preceding tax year; |
|
(3) the third column of the fourth row must state the |
|
amount of taxes that would be imposed by the taxing unit in the |
|
current tax year on a residence homestead with a taxable value equal |
|
to the average taxable value of a residence homestead in the taxing |
|
unit in the current tax year if the taxing unit adopted the proposed |
|
tax rate; and |
|
(4) the fourth column of the fourth row must state the |
|
nominal and percentage difference between the amount of taxes |
|
imposed by the taxing unit in the preceding tax year on a residence |
|
homestead with a taxable value equal to the average taxable value of |
|
a residence homestead in the taxing unit in the preceding tax year |
|
and the amount of taxes that would be imposed by the taxing unit in |
|
the current tax year on a residence homestead with a taxable value |
|
equal to the average taxable value of a residence homestead in the |
|
taxing unit in the current tax year if the taxing unit adopted the |
|
proposed tax rate, as follows: "(increase or decrease, as |
|
applicable) of (nominal difference between amount stated in second |
|
column of fourth row and amount stated in third column of fourth |
|
row), or (percentage difference between amount stated in second |
|
column of fourth row and amount stated in third column of fourth |
|
row)%". |
|
(g) The fifth row must appear as follows: |
|
(1) the first column of the fifth row must be entitled |
|
"Total tax levy on all properties"; |
|
(2) the second column of the fifth row must state the |
|
amount equal to last year's levy; |
|
(3) the third column of the fifth row must state the |
|
amount computed by multiplying the proposed tax rate by the current |
|
total value and dividing the product by 100; and |
|
(4) the fourth column of the fifth row must state the |
|
nominal and percentage difference between the total amount of taxes |
|
imposed by the taxing unit in the preceding tax year and the amount |
|
that would be imposed by the taxing unit in the current tax year if |
|
the taxing unit adopted the proposed tax rate, as follows: |
|
"(increase or decrease, as applicable) of (nominal difference |
|
between amount stated in second column of fifth row and amount |
|
stated in third column of fifth row), or (percentage difference |
|
between amount stated in second column of fifth row and amount |
|
stated in third column of fifth row)%". |
|
(h) In calculating the average taxable value of a residence |
|
homestead in the taxing unit for the preceding tax year and the |
|
current tax year for purposes of Subsections (e) and (f), any |
|
residence homestead exemption available only to disabled persons, |
|
persons 65 years of age or older, or their surviving spouses must be |
|
disregarded. |
|
SECTION 43. Section 26.065(b), Tax Code, is amended to read |
|
as follows: |
|
(b) The [If the] taxing unit [owns, operates, or controls an
|
|
Internet website, the unit] shall post notice of the public hearing |
|
prominently on the home page of the Internet website of the unit |
|
continuously for at least seven days immediately before the public |
|
hearing on the proposed tax rate increase and at least seven days |
|
immediately before the date of the vote proposing the increase in |
|
the tax rate. |
|
SECTION 44. The heading to Section 26.08, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.08. ELECTION TO APPROVE TAX RATE OF TAXING UNIT |
|
[RATIFY SCHOOL TAXES]. |
|
SECTION 45. Section 26.08, Tax Code, is amended by amending |
|
Subsections (a), (b), (d), (d-1), (d-2), (e), (g), (h), (n), and (p) |
|
and adding Subsection (r) to read as follows: |
|
(a) If the governing body of a taxing unit [school district] |
|
adopts a tax rate that exceeds the taxing unit's [district's] |
|
rollback tax rate, the registered voters of the taxing unit |
|
[district] at an election held for that purpose must determine |
|
whether to approve the adopted tax rate. When increased |
|
expenditure of money by a taxing unit [school district] is |
|
necessary to respond to a disaster, including a tornado, hurricane, |
|
flood, or other calamity, but not including a drought, that has |
|
impacted the taxing unit [a school district] and the governor has |
|
declared any part of [requested federal disaster assistance for] |
|
the area in which the taxing unit [school district] is located as a |
|
disaster area, an election is not required under this section to |
|
approve the tax rate adopted by the governing body for the year |
|
following the year in which the disaster occurs. |
|
(b) The governing body shall order that the election be held |
|
in the taxing unit [school district] on the uniform election date |
|
prescribed by [a date not less than 30 or more than 90 days after the
|
|
day on which it adopted the tax rate.] Section 41.001, Election |
|
Code, that occurs in November of the applicable tax year. The order |
|
calling the election may not be issued later than August 15 [does
|
|
not apply to the election unless a date specified by that section
|
|
falls within the time permitted by this section]. At the election, |
|
the ballots shall be prepared to permit voting for or against the |
|
proposition: "Approving the ad valorem tax rate of $_____ per $100 |
|
valuation in (name of taxing unit [school district]) for the |
|
current year, a rate that is $_____ higher per $100 valuation than |
|
the [school district] rollback tax rate of (name of taxing unit), |
|
for the purpose of (description of purpose of increase)." The |
|
ballot proposition must include the adopted tax rate and the |
|
difference between that rate and the rollback tax rate in the |
|
appropriate places. |
|
(d) If the proposition is not approved as provided by |
|
Subsection (c), the governing body may not adopt a tax rate for the |
|
taxing unit [school district] for the current year that exceeds the |
|
taxing unit's [school district's] rollback tax rate. |
|
(d-1) If, after tax bills for the taxing unit [school
|
|
district] have been mailed, a proposition to approve the taxing |
|
unit's [school district's] adopted tax rate is not approved by the |
|
voters of the taxing unit [district] at an election held under this |
|
section, on subsequent adoption of a new tax rate by the governing |
|
body of the taxing unit [district], the assessor for the taxing unit |
|
[school] shall prepare and mail corrected tax bills. The assessor |
|
shall include with each bill a brief explanation of the reason for |
|
and effect of the corrected bill. The date on which the taxes |
|
become delinquent for the year is extended by a number of days equal |
|
to the number of days between the date the first tax bills were sent |
|
and the date the corrected tax bills were sent. |
|
(d-2) If a property owner pays taxes calculated using the |
|
originally adopted tax rate of the taxing unit [school district] |
|
and the proposition to approve the adopted tax rate is not approved |
|
by the voters, the taxing unit [school district] shall refund the |
|
difference between the amount of taxes paid and the amount due under |
|
the subsequently adopted rate if the difference between the amount |
|
of taxes paid and the amount due under the subsequent rate is $1 or |
|
more. If the difference between the amount of taxes paid and the |
|
amount due under the subsequent rate is less than $1, the taxing |
|
unit [school district] shall refund the difference on request of |
|
the taxpayer. An application for a refund of less than $1 must be |
|
made within 90 days after the date the refund becomes due or the |
|
taxpayer forfeits the right to the refund. |
|
(e) For purposes of this section, local tax funds dedicated |
|
to a junior college district under Section 45.105(e), Education |
|
Code, shall be eliminated from the calculation of the tax rate |
|
adopted by the governing body of a [the] school district. However, |
|
the funds dedicated to the junior college district are subject to |
|
Section 26.085. |
|
(g) In a school district that received distributions from an |
|
equalization tax imposed under former Chapter 18, Education Code, |
|
the equivalent tax [effective] rate of that tax as of the date of |
|
the county unit system's abolition is added to the district's |
|
rollback tax rate. |
|
(h) For purposes of this section, increases in taxable |
|
values and tax levies occurring within a reinvestment zone under |
|
Chapter 311 (Tax Increment Financing Act), in which a school [the] |
|
district is a participant, shall be eliminated from the calculation |
|
of the tax rate adopted by the governing body of the school |
|
district. |
|
(n) For purposes of this section, the rollback tax rate of a |
|
school district whose maintenance and operations tax rate for the |
|
2005 tax year was $1.50 or less per $100 of taxable value is: |
|
(1) for the 2006 tax year, the sum of the rate that is |
|
equal to 88.67 percent of the maintenance and operations tax rate |
|
adopted by the district for the 2005 tax year, the rate of $0.04 per |
|
$100 of taxable value, and the district's current debt rate; and |
|
(2) for the 2007 and subsequent tax years, the lesser |
|
of the following: |
|
(A) the sum of the following: |
|
(i) the rate per $100 of taxable value that |
|
is equal to the product of the state compression percentage, as |
|
determined under Section 42.2516, Education Code, for the current |
|
year and $1.50; |
|
(ii) the rate of $0.04 per $100 of taxable |
|
value; |
|
(iii) the rate that is equal to the sum of |
|
the differences for the 2006 and each subsequent tax year between |
|
the adopted tax rate of the district for that year if the rate was |
|
approved at an election under this section and the rollback tax rate |
|
of the district for that year; and |
|
(iv) the district's current debt rate; or |
|
(B) the sum of the following: |
|
(i) the equivalent [effective] maintenance |
|
and operations tax rate of the district as computed under |
|
Subsection (i) [or (k), as applicable]; |
|
(ii) the rate per $100 of taxable value that |
|
is equal to the product of the state compression percentage, as |
|
determined under Section 42.2516, Education Code, for the current |
|
year and $0.06; and |
|
(iii) the district's current debt rate. |
|
(p) Notwithstanding Subsections (i), (n), and (o), if for |
|
the preceding tax year a school district adopted a maintenance and |
|
operations tax rate that was less than the district's equivalent |
|
[effective] maintenance and operations tax rate for that preceding |
|
tax year, the rollback tax rate of the district for the current tax |
|
year is calculated as if the district adopted a maintenance and |
|
operations tax rate for the preceding tax year that was equal to the |
|
district's equivalent [effective] maintenance and operations tax |
|
rate for that preceding tax year. |
|
(r) Except as otherwise expressly provided by law, this |
|
section does not apply to a tax imposed by a taxing unit if a |
|
provision of an uncodified local or special law enacted by the 85th |
|
Legislature, Regular Session, 2017, or by an earlier legislature |
|
provides that former Section 26.07 does not apply to a tax imposed |
|
by the taxing unit. |
|
SECTION 46. Section 26.08(i), Tax Code, as effective |
|
September 1, 2017, is amended to read as follows: |
|
(i) For purposes of this section, the equivalent |
|
[effective] maintenance and operations tax rate of a school |
|
district is the tax rate that, applied to the current total value |
|
for the district, would impose taxes in an amount that, when added |
|
to state funds that would be distributed to the district under |
|
Chapter 42, Education Code, for the school year beginning in the |
|
current tax year using that tax rate, would provide the same amount |
|
of state funds distributed under Chapter 42, Education Code, and |
|
maintenance and operations taxes of the district per student in |
|
weighted average daily attendance for that school year that would |
|
have been available to the district in the preceding year if the |
|
funding elements for Chapters 41 and 42, Education Code, for the |
|
current year had been in effect for the preceding year. |
|
SECTION 47. The heading to Section 26.16, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.16. POSTING OF TAX-RELATED INFORMATION [TAX RATES] |
|
ON COUNTY'S INTERNET WEBSITE. |
|
SECTION 48. Section 26.16, Tax Code, is amended by amending |
|
Subsections (a) and (d) and adding Subsections (a-1), (d-1), and |
|
(d-2) to read as follows: |
|
(a) Each county shall maintain an Internet website. The |
|
county assessor-collector for each county [that maintains an
|
|
Internet website] shall post on the Internet website maintained by |
|
[of] the county the following information for the most recent five |
|
tax years beginning with the 2012 tax year for each taxing unit all |
|
or part of the territory of which is located in the county: |
|
(1) the adopted tax rate; |
|
(2) the maintenance and operations rate; |
|
(3) the debt rate; |
|
(4) the equivalent [effective] tax rate; |
|
(5) the equivalent [effective] maintenance and |
|
operations rate; and |
|
(6) the rollback tax rate. |
|
(a-1) For purposes of Subsection (a), a reference to the |
|
equivalent tax rate or the equivalent maintenance and operations |
|
rate includes the equivalent effective tax rate or effective |
|
maintenance and operations rate for a preceding year. This |
|
subsection expires January 1, 2024. |
|
(d) The county assessor-collector shall post immediately |
|
below the table prescribed by Subsection (c) the following |
|
statement: |
|
"The county is providing this table of property tax rate |
|
information as a service to the residents of the county. Each |
|
individual taxing unit is responsible for calculating the property |
|
tax rates listed in this table pertaining to that taxing unit and |
|
providing that information to the county. |
|
"The adopted tax rate is the tax rate adopted by the governing |
|
body of a taxing unit. |
|
"The maintenance and operations rate is the component of the |
|
adopted tax rate of a taxing unit that will impose the amount of |
|
taxes needed to fund maintenance and operation expenditures of the |
|
unit for the following year. |
|
"The debt rate is the component of the adopted tax rate of a |
|
taxing unit that will impose the amount of taxes needed to fund the |
|
unit's debt service for the following year. |
|
"The equivalent [effective] tax rate is the tax rate that |
|
would generate the same amount of revenue in the current tax year as |
|
was generated by a taxing unit's adopted tax rate in the preceding |
|
tax year from property that is taxable in both the current tax year |
|
and the preceding tax year. |
|
"The equivalent [effective] maintenance and operations rate |
|
is the tax rate that would generate the same amount of revenue for |
|
maintenance and operations in the current tax year as was generated |
|
by a taxing unit's maintenance and operations rate in the preceding |
|
tax year from property that is taxable in both the current tax year |
|
and the preceding tax year. |
|
"The rollback tax rate is the highest tax rate a taxing unit |
|
may adopt before requiring voter approval at an election. An [In
|
|
the case of a taxing unit other than a school district, the voters
|
|
by petition may require that a rollback election be held if the unit
|
|
adopts a tax rate in excess of the unit's rollback tax rate.
In the
|
|
case of a school district, an] election will automatically be held |
|
if a taxing unit [the district] wishes to adopt a tax rate in excess |
|
of the unit's [district's] rollback tax rate." |
|
(d-1) In addition to posting the information described by |
|
Subsection (a), the county assessor-collector shall post on the |
|
Internet website of the county for each taxing unit all or part of |
|
the territory of which is located in the county: |
|
(1) the tax rate calculation forms used by the |
|
designated officer or employee of each taxing unit to calculate the |
|
equivalent and rollback tax rates of the unit for the most recent |
|
five tax years beginning with the 2018 tax year, as certified by the |
|
designated officer or employee under Section 26.04(d-2); and |
|
(2) the name and official contact information for each |
|
member of the governing body of the taxing unit. |
|
(d-2) Not later than August 1, the county |
|
assessor-collector shall post on the website the tax rate |
|
calculation forms described by Subsection (d-1)(1) for the current |
|
tax year. |
|
SECTION 49. Chapter 26, Tax Code, is amended by adding |
|
Sections 26.17 and 26.18 to read as follows: |
|
Sec. 26.17. REAL-TIME TAX DATABASE. (a) The tax notice |
|
officer of each appraisal district shall create and maintain a |
|
database that: |
|
(1) is identified by the name of the office of tax |
|
notices, instead of the name of the appraisal district, and as the |
|
"Real-Time Tax Database"; |
|
(2) contains information that is provided by |
|
designated officers or employees of the taxing units that are |
|
located in the appraisal district in the manner required by rules |
|
adopted by the comptroller; |
|
(3) is continuously updated as preliminary and revised |
|
data become available to and are provided by the designated |
|
officers or employees of taxing units; |
|
(4) is accessible to the public; and |
|
(5) is searchable by property address and owner. |
|
(b) The database must be capable of generating, with respect |
|
to each property listed on the appraisal roll for the appraisal |
|
district, a real-time tax notice that includes: |
|
(1) the property's identification number; |
|
(2) the property's market value; |
|
(3) the property's taxable value; |
|
(4) the name of each taxing unit in which the property |
|
is located; |
|
(5) for each taxing unit other than a school district |
|
in which the property is located: |
|
(A) the equivalent tax rate; and |
|
(B) the rollback tax rate; |
|
(6) for each school district in which the property is |
|
located: |
|
(A) the rate to maintain the same amount of state |
|
and local revenue per weighted student that the district received |
|
in the school year beginning in the preceding tax year; and |
|
(B) the rollback tax rate; |
|
(7) the tax rate proposed by the governing body of each |
|
taxing unit in which the property is located; |
|
(8) for each taxing unit other than a school district |
|
in which the property is located, the taxes that would be imposed on |
|
the property if the unit adopted a tax rate equal to: |
|
(A) the equivalent tax rate; and |
|
(B) the proposed tax rate; |
|
(9) for each school district in which the property is |
|
located, the taxes that would be imposed on the property if the |
|
district adopted a tax rate equal to: |
|
(A) the rate to maintain the same amount of state |
|
and local revenue per weighted student that the district received |
|
in the school year beginning in the preceding tax year; and |
|
(B) the proposed tax rate; |
|
(10) for each taxing unit other than a school district |
|
in which the property is located, the difference between the amount |
|
calculated under Subdivision (8)(A) and the amount calculated under |
|
Subdivision (8)(B); |
|
(11) for each school district in which the property is |
|
located, the difference between the amount calculated under |
|
Subdivision (9)(A) and the amount calculated under Subdivision |
|
(9)(B); |
|
(12) the date, time, and location of each public |
|
hearing, if applicable, on the proposed tax rate to be held by the |
|
governing body of each taxing unit in which the property is located; |
|
(13) the date, time, and location of the public |
|
meeting at which the tax rate will be adopted to be held by the |
|
governing body of each taxing unit in which the property is located; |
|
and |
|
(14) for each taxing unit in which the property is |
|
located, an e-mail address at which the taxing unit is capable of |
|
receiving written comments regarding the proposed tax rate of the |
|
taxing unit. |
|
(c) The address of the Internet website at which the |
|
information contained in the database may be found must be in the |
|
form "(insert name of county in which appraisal district is |
|
established)CountyTaxRates.gov" or a substantially similar form. |
|
(d) The database must provide a link to the Internet website |
|
used by each taxing unit in which the property is located to post |
|
the information described by Section 26.18. The link must be |
|
preceded by the following statement: |
|
"Click on the name of the taxing unit for the following information |
|
about the taxing unit: |
|
"(1) the names of and contact information for each |
|
member of the governing body of the taxing unit; |
|
"(2) the budget proposed or adopted for the current |
|
year and the budgets for the preceding two years, as well as an |
|
analysis of the change in the budget from year to year; |
|
"(3) the amount of property tax revenue budgeted for |
|
maintenance and operation expenses and debt service in the proposed |
|
or adopted budget and in the budgets for the preceding two years; |
|
"(4) the tax rates adopted for maintenance and |
|
operation expenses and debt service for the preceding two years and |
|
the rates proposed for those purposes for the current year; and |
|
"(5) the most recent financial audit of the taxing |
|
unit." |
|
(d-1) The database must include the following definition of |
|
the equivalent tax rate: "The equivalent tax rate is last year's |
|
tax rate, adjusted for changes in taxable value. The equivalent tax |
|
rate takes into account all property on the tax roll for both last |
|
year and this year." |
|
(e) The officer or employee designated by the governing body |
|
of each taxing unit to calculate the equivalent tax rate and the |
|
rollback tax rate for the unit must electronically: |
|
(1) enter in the database the information described by |
|
Subsection (b) as the information becomes available; and |
|
(2) incorporate into the database the completed tax |
|
rate calculation forms prepared under Section 26.04(d-1) at the |
|
same time the designated officer or employee submits the tax rates |
|
to the governing body of the unit under Section 26.04(e). |
|
(e-1) The e-mail address described by Subsection (b)(14) |
|
must be accompanied by the following statement: "An e-mail address |
|
is provided for each taxing unit as a way for you to express your |
|
support for or opposition to the proposed tax rate. If you wish to |
|
express your support or opposition, you are encouraged to do so |
|
before the date of the hearing shown on the notice." |
|
(f) Each taxing unit shall establish an e-mail address for |
|
the purpose described by Subsection (b)(14). |
|
Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
|
TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
|
website or have access to a generally accessible Internet website |
|
that may be used for the purposes of this section. Each taxing unit |
|
shall post or cause to be posted on the Internet website the |
|
following information in a format prescribed by the comptroller: |
|
(1) the name of each member of the governing body of |
|
the taxing unit; |
|
(2) the mailing address, e-mail address, and telephone |
|
number of the taxing unit; |
|
(3) the official contact information for each member |
|
of the governing body of the taxing unit, if that information is |
|
different from the information described by Subdivision (2); |
|
(4) the taxing unit's budget for the preceding two |
|
years; |
|
(5) the taxing unit's proposed or adopted budget for |
|
the current year; |
|
(6) the change in the amount of the taxing unit's |
|
budget from the preceding year to the current year, by dollar amount |
|
and percentage; |
|
(7) in the case of a taxing unit other than a school |
|
district, the amount of property tax revenue budgeted for |
|
maintenance and operations for: |
|
(A) the preceding two years; and |
|
(B) the current year; |
|
(8) in the case of a taxing unit other than a school |
|
district, the amount of property tax revenue budgeted for debt |
|
service for: |
|
(A) the preceding two years; and |
|
(B) the current year; |
|
(9) the tax rate for maintenance and operations |
|
adopted by the taxing unit for the preceding two years; |
|
(10) in the case of a taxing unit other than a school |
|
district, the tax rate for debt service adopted by the unit for the |
|
preceding two years; |
|
(11) in the case of a school district, the interest and |
|
sinking fund tax rate adopted by the district for the preceding two |
|
years; |
|
(12) the tax rate for maintenance and operations |
|
proposed by the taxing unit for the current year; |
|
(13) in the case of a taxing unit other than a school |
|
district, the tax rate for debt service proposed by the unit for the |
|
current year; |
|
(14) in the case of a school district, the interest and |
|
sinking fund tax rate proposed by the district for the current year; |
|
and |
|
(15) the most recent financial audit of the taxing |
|
unit. |
|
SECTION 50. Sections 31.12(a) and (b), Tax Code, as amended |
|
by S.B. 2242, Acts of the 85th Legislature, Regular Session, 2017, |
|
are amended to read as follows: |
|
(a) If a refund of a tax provided by Section 11.431(b), |
|
26.08(d-2) [26.07(g)], 26.15(f), 31.11, 31.111, or 31.112 is paid |
|
on or before the 60th day after the date the liability for the |
|
refund arises, no interest is due on the amount refunded. If not |
|
paid on or before that 60th day, the amount of the tax to be refunded |
|
accrues interest at a rate of one percent for each month or part of a |
|
month that the refund is unpaid, beginning with the date on which |
|
the liability for the refund arises. |
|
(b) For purposes of this section, liability for a refund |
|
arises: |
|
(1) if the refund is required by Section 11.431(b), on |
|
the date the chief appraiser notifies the collector for the unit of |
|
the approval of the late homestead exemption; |
|
(2) if the refund is required by Section 26.08(d-2) |
|
[26.07(g)], on the date the subsequent tax rate is adopted [results
|
|
of the election to reduce the tax rate are certified]; |
|
(3) if the refund is required by Section 26.15(f): |
|
(A) for a correction to the tax roll made under |
|
Section 26.15(b), on the date the change in the tax roll is |
|
certified to the assessor for the taxing unit under Section 25.25; |
|
or |
|
(B) for a correction to the tax roll made under |
|
Section 26.15(c), on the date the change in the tax roll is ordered |
|
by the governing body of the taxing unit; |
|
(4) if the refund is required by Section 31.11, on the |
|
date the auditor for the taxing unit determines that the payment was |
|
erroneous or excessive or, if the amount of the refund exceeds the |
|
applicable amount specified by Section 31.11(a), on the date the |
|
governing body of the unit approves the refund; |
|
(5) if the refund is required by Section 31.111, on the |
|
date the collector for the taxing unit determines that the payment |
|
was erroneous; or |
|
(6) if the refund is required by Section 31.112, on the |
|
date required by Section 31.112(d) or (e), as applicable. |
|
SECTION 51. Section 33.08(b), Tax Code, is amended to read |
|
as follows: |
|
(b) The governing body of the taxing unit or appraisal |
|
district, in the manner required by law for official action, may |
|
provide that taxes that become delinquent on or after June 1 under |
|
Section 26.08(d-1) [26.07(f)], 26.15(e), 31.03, 31.031, 31.032, |
|
31.04, or 42.42 incur an additional penalty to defray costs of |
|
collection. The amount of the penalty may not exceed the amount of |
|
the compensation specified in the applicable contract with an |
|
attorney under Section 6.30 to be paid in connection with the |
|
collection of the delinquent taxes. |
|
SECTION 52. Section 41.03(a), Tax Code, is amended to read |
|
as follows: |
|
(a) A taxing unit is entitled to challenge before the |
|
appraisal review board: |
|
(1) [the level of appraisals of any category of
|
|
property in the district or in any territory in the district, but
|
|
not the appraised value of a single taxpayer's property;
|
|
[(2)] an exclusion of property from the appraisal |
|
records; |
|
(2) [(3)] a grant in whole or in part of a partial |
|
exemption; |
|
(3) [(4)] a determination that land qualifies for |
|
appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or |
|
(4) [(5)] failure to identify the taxing unit as one |
|
in which a particular property is taxable. |
|
SECTION 53. Section 41.12(a), Tax Code, is amended to read |
|
as follows: |
|
(a) By July 5 [20], the appraisal review board shall: |
|
(1) hear and determine all or substantially all timely |
|
filed protests; |
|
(2) determine all timely filed challenges; |
|
(3) submit a list of its approved changes in the |
|
records to the chief appraiser; and |
|
(4) approve the records. |
|
SECTION 54. Sections 41.44(a), (c), and (d), Tax Code, are |
|
amended to read as follows: |
|
(a) Except as provided by Subsections (b), [(b-1),] (c), |
|
(c-1), and (c-2), to be entitled to a hearing and determination of a |
|
protest, the property owner initiating the protest must file a |
|
written notice of the protest with the appraisal review board |
|
having authority to hear the matter protested: |
|
(1) not later than the later of: |
|
(A) [before] May 15; [1] or |
|
(B) [not later than] the 30th day after the date |
|
that notice to the property owner was delivered to the property |
|
owner as provided by Section 25.19[, if the property is a
|
|
single-family residence that qualifies for an exemption under
|
|
Section 11.13, whichever is later]; |
|
(2) [before June 1 or not later than the 30th day after
|
|
the date that notice was delivered to the property owner as provided
|
|
by Section 25.19 in connection with any other property, whichever
|
|
is later;
|
|
[(3)] in the case of a protest of a change in the |
|
appraisal records ordered as provided by Subchapter A of this |
|
chapter or by Chapter 25, not later than the 30th day after the date |
|
notice of the change is delivered to the property owner; |
|
(3) [(4)] in the case of a determination that a change |
|
in the use of land appraised under Subchapter C, D, E, or H, Chapter |
|
23, has occurred, not later than the 30th day after the date the |
|
notice of the determination is delivered to the property owner; or |
|
(4) [(5)] in the case of a determination of |
|
eligibility for a refund under Section 23.1243, not later than the |
|
30th day after the date the notice of the determination is delivered |
|
to the property owner. |
|
(c) A property owner who files notice of a protest |
|
authorized by Section 41.411 is entitled to a hearing and |
|
determination of the protest if the property owner files the notice |
|
prior to the date the taxes on the property to which the notice |
|
applies become delinquent. An owner of land who files a notice of |
|
protest under Subsection (a)(3) [(a)(4)] is entitled to a hearing |
|
and determination of the protest without regard to whether the |
|
appraisal records are approved. |
|
(d) A notice of protest is sufficient if it identifies the |
|
protesting property owner, including a person claiming an ownership |
|
interest in the property even if that person is not listed on the |
|
appraisal records as an owner of the property, identifies the |
|
property that is the subject of the protest, and indicates apparent |
|
dissatisfaction with some determination of the appraisal office. |
|
The notice need not be on an official form, but the comptroller |
|
shall prescribe a form that provides for more detail about the |
|
nature of the protest. The form must permit a property owner to |
|
include each property in the appraisal district that is the subject |
|
of a protest. The form must permit a property owner to request that |
|
the protest be heard by a special panel established under Section |
|
6.425 if the protest will be determined by an appraisal review board |
|
to which that section applies and the property is included in a |
|
classification described by Section 6.425(b). The comptroller, |
|
each appraisal office, and each appraisal review board shall make |
|
the forms readily available and deliver one to a property owner on |
|
request. |
|
SECTION 55. Section 41.45, Tax Code, is amended by amending |
|
Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to |
|
read as follows: |
|
(d) This subsection does not apply to a special panel |
|
established under Section 6.425. An appraisal review board |
|
consisting of more than three members may sit in panels of not fewer |
|
than three members to conduct protest hearings. [However, the
|
|
determination of a protest heard by a panel must be made by the
|
|
board.] If the recommendation of a panel is not accepted by the |
|
board, the board may refer the matter for rehearing to a panel |
|
composed of members who did not hear the original protest [hearing] |
|
or, if there are not at least three members who did not hear the |
|
original protest, the board may determine the protest. [Before
|
|
determining a protest or conducting a rehearing before a new panel
|
|
or the board, the board shall deliver notice of the hearing or
|
|
meeting to determine the protest in accordance with the provisions
|
|
of this subchapter.] |
|
(d-1) An appraisal review board to which Section 6.425 |
|
applies shall sit in special panels established under that section |
|
to conduct protest hearings. A special panel may conduct a protest |
|
hearing relating to property only if the property is described by |
|
Section 6.425(b) and the property owner has requested that a |
|
special panel conduct the hearing or if the protest is assigned to |
|
the special panel under Section 6.425(f). If the recommendation of |
|
a special panel is not accepted by the board, the board may refer |
|
the matter for rehearing to another special panel composed of |
|
members who did not hear the original protest or, if there are not |
|
at least three other special panel members who did not hear the |
|
original protest, the board may determine the protest. |
|
(d-2) The determination of a protest heard by a panel under |
|
Subsection (d) or (d-1) must be made by the board. |
|
(d-3) The board must deliver notice of a hearing or meeting |
|
to determine a protest heard by a panel, or to rehear a protest, |
|
under Subsection (d) or (d-1) in accordance with the provisions of |
|
this subchapter. |
|
SECTION 56. Section 41.46(a), Tax Code, is amended to read |
|
as follows: |
|
(a) The appraisal review board before which a protest |
|
hearing is scheduled shall deliver written notice to the property |
|
owner initiating a protest of the date, time, [and] place, and |
|
subject matter of [fixed for] the hearing on the protest and of the |
|
property owner's entitlement to a postponement of the hearing as |
|
provided by Section 41.45 unless the property owner waives in |
|
writing notice of the hearing. The board shall deliver the notice |
|
not later than the 15th day before the date of the hearing. |
|
SECTION 57. Section 41.461, Tax Code, is amended to read as |
|
follows: |
|
Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING; |
|
DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before the |
|
first scheduled [a] hearing on a protest, the chief appraiser |
|
shall: |
|
(1) deliver a copy of the pamphlet prepared by the |
|
comptroller under Section 5.06 [5.06(a)] to the property owner |
|
initiating the protest if the owner is representing himself, or to |
|
an agent representing the owner if requested by the agent; |
|
(2) inform the property owner that the owner or the |
|
agent of the owner is entitled on request to [may inspect and may
|
|
obtain] a copy of the data, schedules, formulas, and all other |
|
information the chief appraiser will [plans to] introduce at the |
|
hearing to establish any matter at issue; and |
|
(3) deliver a copy of the hearing procedures |
|
established by the appraisal review board under Section 41.66 to |
|
the property owner. |
|
(b) The chief appraiser may not charge a property owner or |
|
the designated agent of the owner for copies provided to the [an] |
|
owner or designated agent under this section, regardless of the |
|
manner in which the copies are prepared or delivered [may not exceed
|
|
the charge for copies of public information as provided under
|
|
Subchapter F, Chapter 552, Government Code, except:
|
|
[(1)
the total charge for copies provided in
|
|
connection with a protest of the appraisal of residential property
|
|
may not exceed $15 for each residence; and
|
|
[(2)
the total charge for copies provided in
|
|
connection with a protest of the appraisal of a single unit of
|
|
property subject to appraisal, other than residential property, may
|
|
not exceed $25]. |
|
(c) A chief appraiser shall deliver information requested |
|
by a property owner or the agent of the owner under Subsection |
|
(a)(2): |
|
(1) by regular first-class mail, deposited in the |
|
United States mail, postage prepaid, and addressed to the property |
|
owner or agent at the address provided in the request for the |
|
information; |
|
(2) in an electronic format as provided by an |
|
agreement under Section 1.085; or |
|
(3) subject to Subsection (d), by referring the |
|
property owner or the agent of the owner to a secure Internet |
|
website with user registration and authentication or to the exact |
|
Internet location or uniform resource locator (URL) address on an |
|
Internet website maintained by the appraisal district on which the |
|
requested information is identifiable and readily available. |
|
(d) If a chief appraiser provides a property owner or the |
|
agent of the owner information under Subsection (c)(3), the notice |
|
must contain a statement in a conspicuous font that clearly |
|
indicates that the property owner or the agent of the owner may on |
|
request receive the information by regular first-class mail or in |
|
person at the appraisal office. On request by a property owner or |
|
the agent of the owner, the chief appraiser must provide the |
|
information by regular first-class mail or in person at the |
|
appraisal office. |
|
SECTION 58. Section 41.47, Tax Code, is amended by adding |
|
Subsections (c-2) and (f) and amending Subsection (e) to read as |
|
follows: |
|
(c-2) The board may not determine the appraised value of the |
|
property that is the subject of a protest to be an amount greater |
|
than the appraised value of the property as shown in the appraisal |
|
records submitted to the board by the chief appraiser under Section |
|
25.22 or 25.23. |
|
(e) The notice of the issuance of the order must contain a |
|
prominently printed statement in upper-case bold lettering |
|
informing the property owner in clear and concise language of the |
|
property owner's right to appeal the order of the board [board's
|
|
decision] to district court. The statement must describe the |
|
deadline prescribed by Section 42.06(a) [of this code] for filing a |
|
written notice of appeal[,] and the deadline prescribed by Section |
|
42.21(a) [of this code] for filing the petition for review with the |
|
district court. |
|
(f) The appraisal review board shall take the actions |
|
required by Subsections (a) and (d) not later than the 15th day |
|
after the date the hearing on the protest is concluded. |
|
SECTION 59. Section 41.66, Tax Code, is amended by amending |
|
Subsections (h), (i), and (j) and adding Subsections (j-1) and (p) |
|
to read as follows: |
|
(h) The appraisal review board shall postpone a hearing on a |
|
protest if the property owner or the designated agent of the owner |
|
requests additional time to prepare for the hearing and establishes |
|
to the board that the chief appraiser failed to comply with Section |
|
41.461. The board is not required to postpone a hearing more than |
|
one time under this subsection. |
|
(i) A hearing on a protest filed by a property owner or the |
|
designated agent of the owner [who is not represented by an agent
|
|
designated under Section 1.111] shall be set for a time and date |
|
certain. If the hearing is not commenced within two hours of the |
|
time set for the hearing, the appraisal review board shall postpone |
|
the hearing on the request of the property owner or the designated |
|
agent of the owner. |
|
(j) On the request of a property owner or the [a] designated |
|
agent of the owner, an appraisal review board shall schedule |
|
hearings on protests concerning up to 20 designated properties to |
|
be held consecutively on the same day. The designated properties |
|
must be identified in the same notice of protest, and the notice |
|
must contain in boldfaced type the statement "request for same-day |
|
protest hearings." A property owner or the designated agent of the |
|
owner may [not] file more than one request under this subsection |
|
with the appraisal review board in the same tax year. The appraisal |
|
review board may schedule hearings on protests concerning more than |
|
20 properties filed by the same property owner or the designated |
|
agent of the owner and may use different panels to conduct the |
|
hearings based on the board's customary scheduling. The appraisal |
|
review board may follow the practices customarily used by the board |
|
in the scheduling of hearings under this subsection. |
|
(j-1) An appraisal review board may schedule the hearings on |
|
all protests filed by a property owner or the designated agent of |
|
the owner to be held consecutively. The notice of the hearings must |
|
state the date and time that the first hearing will begin, state the |
|
date the last hearing will end, and list the order in which the |
|
hearings will be held. The order of the hearings listed in the |
|
notice may not be changed without the agreement of the property |
|
owner or the designated agent of the owner, the chief appraiser, and |
|
the appraisal review board. The board may not reschedule a hearing |
|
for which notice is given under this subsection to a date earlier |
|
than the seventh day after the date the last hearing was scheduled |
|
to end unless agreed to by the property owner or the designated |
|
agent of the owner, the chief appraiser, and the appraisal review |
|
board. Unless agreed to by the parties, the board must provide |
|
written notice of the date and time of the rescheduled hearing to |
|
the property owner or the designated agent of the owner not later |
|
than the seventh day before the date of the hearing. |
|
(p) At the end of a hearing on a protest, the appraisal |
|
review board shall provide the property owner or the designated |
|
agent of the owner one or more documents indicating that the members |
|
of the board hearing the protest signed the affidavit required by |
|
Subsection (g). |
|
SECTION 60. Section 41.66, Tax Code, is amended by amending |
|
Subsection (k) and adding Subsection (k-1) to read as follows: |
|
(k) This subsection does not apply to a special panel |
|
established under Section 6.425. If an appraisal review board sits |
|
in panels to conduct protest hearings, protests shall be randomly |
|
assigned to panels, except that the board may consider the type of |
|
property subject to the protest or the ground of the protest for the |
|
purpose of using the expertise of a particular panel in hearing |
|
protests regarding particular types of property or based on |
|
particular grounds. If a protest is scheduled to be heard by a |
|
particular panel, the protest may not be reassigned to another |
|
panel without the consent of the property owner or designated |
|
agent. If the appraisal review board has cause to reassign a |
|
protest to another panel, a property owner or designated agent may |
|
agree to reassignment of the protest or may request that the hearing |
|
on the protest be postponed. The board shall postpone the hearing |
|
on that request. A change of members of a panel because of a |
|
conflict of interest, illness, or inability to continue |
|
participating in hearings for the remainder of the day does not |
|
constitute reassignment of a protest to another panel. |
|
(k-1) On the request of a property owner, an appraisal |
|
review board to which Section 6.425 applies shall assign a protest |
|
relating to property described by Section 6.425(b) to a special |
|
panel. In addition, the chairman of the appraisal review board may |
|
assign a protest relating to property not described by Section |
|
6.425(b) to a special panel as authorized by Section 6.425(f). |
|
Protests assigned to special panels shall be randomly assigned to |
|
those panels. If a protest is scheduled to be heard by a particular |
|
special panel, the protest may not be reassigned to another special |
|
panel without the consent of the property owner or designated |
|
agent. If the board has cause to reassign a protest to another |
|
special panel, a property owner or designated agent may agree to |
|
reassignment of the protest or may request that the hearing on the |
|
protest be postponed. The board shall postpone the hearing on that |
|
request. A change of members of a special panel because of a |
|
conflict of interest, illness, or inability to continue |
|
participating in hearings for the remainder of the day does not |
|
constitute reassignment of a protest to another special panel. |
|
SECTION 61. Section 41.67(d), Tax Code, is amended to read |
|
as follows: |
|
(d) Information that was previously requested under Section |
|
41.461 by the protesting party that was not delivered [made
|
|
available] to the protesting party at least 14 days before the |
|
scheduled or postponed hearing may not be used or offered in any |
|
form as evidence in the hearing, including as a document or through |
|
argument or testimony. |
|
SECTION 62. Section 41.71, Tax Code, is amended to read as |
|
follows: |
|
Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An |
|
appraisal review board by rule shall provide for hearings on |
|
protests [in the evening or] on a Saturday or after 5 p.m. on a |
|
weekday [Sunday]. |
|
(b) The board may not schedule: |
|
(1) the first hearing on a protest held on a weekday |
|
evening to begin after 7 p.m.; or |
|
(2) a hearing on a protest on a Sunday. |
|
SECTION 63. Section 41A.06(b), Tax Code, as effective |
|
September 1, 2017, is amended to read as follows: |
|
(b) To initially qualify to serve as an arbitrator under |
|
this chapter, a person must: |
|
(1) meet the following requirements, as applicable: |
|
(A) be licensed as an attorney in this state; or |
|
(B) have: |
|
(i) completed at least 30 hours of training |
|
in arbitration and alternative dispute resolution procedures from a |
|
university, college, or legal or real estate trade association; and |
|
(ii) been licensed or certified |
|
continuously during the five years preceding the date the person |
|
agrees to serve as an arbitrator as: |
|
(a) a real estate broker or sales |
|
agent under Chapter 1101, Occupations Code; |
|
(b) a real estate appraiser under |
|
Chapter 1103, Occupations Code; or |
|
(c) a certified public accountant |
|
under Chapter 901, Occupations Code; [and] |
|
(2) complete the course for training and education of |
|
appraisal review board members established under Section 5.041 and |
|
be issued a certificate indicating course completion; |
|
(3) complete the training program on property tax law |
|
for the training and education of arbitrators established under |
|
Section 5.043; and |
|
(4) agree to conduct an arbitration for a fee that is |
|
not more than: |
|
(A) $400, if the property qualifies as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is $500,000 or less, |
|
as determined by the order; |
|
(B) $450, if the property qualifies as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is more than |
|
$500,000, as determined by the order; |
|
(C) $450, if the property does not qualify as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is $1 million or |
|
less, as determined by the order; |
|
(D) $750, if the property does not qualify as the |
|
owner's residence homestead under Section 11.13 and the appraised |
|
or market value, as applicable, of the property is more than $1 |
|
million but not more than $2 million, as determined by the order; |
|
(E) $1,000, if the property does not qualify as |
|
the owner's residence homestead under Section 11.13 and the |
|
appraised or market value, as applicable, of the property is more |
|
than $2 million but not more than $3 million, as determined by the |
|
order; or |
|
(F) $1,500, if the property does not qualify as |
|
the owner's residence homestead under Section 11.13 and the |
|
appraised or market value, as applicable, of the property is more |
|
than $3 million but not more than $5 million, as determined by the |
|
order. |
|
SECTION 64. Section 41A.061(b), Tax Code, is amended to |
|
read as follows: |
|
(b) To renew the person's agreement to serve as an |
|
arbitrator, the person must: |
|
(1) file a renewal application with the comptroller at |
|
the time and in the manner prescribed by the comptroller; |
|
(2) continue to meet the requirements provided by |
|
Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; and |
|
(3) during the preceding two years have completed at |
|
least eight hours of continuing education in arbitration and |
|
alternative dispute resolution procedures offered by a university, |
|
college, real estate trade association, or legal association. |
|
SECTION 65. Sections 41A.07(e), (f), and (g), Tax Code, as |
|
effective September 1, 2017, are amended to read as follows: |
|
(e) To be eligible for appointment as an arbitrator under |
|
this section [Subsection (a)], the arbitrator must reside[:
|
|
[(1)
in the county in which the property that is the
|
|
subject of the appeal is located; or
|
|
[(2)] in this state [if no available arbitrator on the
|
|
registry resides in that county]. |
|
(f) A person is not eligible for appointment as an |
|
arbitrator under this section [Subsection (a)] if at any time |
|
during the preceding five years, the person has: |
|
(1) represented a person for compensation in a |
|
proceeding under this title in the appraisal district in which the |
|
property that is the subject of the appeal is located; |
|
(2) served as an officer or employee of that appraisal |
|
district; or |
|
(3) served as a member of the appraisal review board |
|
for that appraisal district. |
|
(g) The comptroller may not appoint an arbitrator under this |
|
section [Subsection (a)] if the comptroller determines that there |
|
is good cause not to appoint the arbitrator, including information |
|
or evidence indicating repeated bias or misconduct by the person |
|
while acting as an arbitrator. |
|
SECTION 66. Section 41A.07, Tax Code, is amended by adding |
|
Subsection (h) to read as follows: |
|
(h) A property owner may request that, in appointing an |
|
initial arbitrator under this section, the comptroller appoint an |
|
arbitrator who resides in the county in which the property that is |
|
the subject of the appeal is located or an arbitrator who resides |
|
outside that county. In appointing an initial arbitrator under |
|
Subsection (a), the comptroller shall comply with the request of |
|
the property owner unless the property owner requests that the |
|
comptroller appoint an arbitrator who resides in the county in |
|
which the property that is the subject of the appeal is located and |
|
there is not an available arbitrator who resides in that county. In |
|
appointing a substitute arbitrator under Subsection (d), the |
|
comptroller shall consider but is not required to comply with the |
|
request of the property owner. This subsection does not authorize a |
|
property owner to request the appointment of a specific individual |
|
as an arbitrator. |
|
SECTION 67. Section 41A.09(b), Tax Code, is amended to read |
|
as follows: |
|
(b) An award under this section: |
|
(1) must include a determination of the appraised or |
|
market value, as applicable, of the property that is the subject of |
|
the appeal; |
|
(2) may include any remedy or relief a court may order |
|
under Chapter 42 in an appeal relating to the appraised or market |
|
value of property; |
|
(3) shall specify the arbitrator's fee, which may not |
|
exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)]; |
|
(4) is final and may not be appealed except as |
|
permitted under Section 171.088, Civil Practice and Remedies Code, |
|
for an award subject to that section; and |
|
(5) may be enforced in the manner provided by |
|
Subchapter D, Chapter 171, Civil Practice and Remedies Code. |
|
SECTION 68. Section 45.105(e), Education Code, is amended |
|
to read as follows: |
|
(e) The governing body of an independent school district |
|
that governs a junior college district under Subchapter B, Chapter |
|
130, in a county with a population of more than two million may |
|
dedicate a specific percentage of the local tax levy to the use of |
|
the junior college district for facilities and equipment or for the |
|
maintenance and operating expenses of the junior college district. |
|
To be effective, the dedication must be made by the governing body |
|
on or before the date on which the governing body adopts its tax |
|
rate for a year. The amount of local tax funds derived from the |
|
percentage of the local tax levy dedicated to a junior college |
|
district from a tax levy may not exceed the amount that would be |
|
levied by five percent of the equivalent [effective] tax rate for |
|
the tax year calculated as provided by Section 26.04, Tax Code, on |
|
all property taxable by the school district. All real property |
|
purchased with these funds is the property of the school district, |
|
but is subject to the exclusive control of the governing body of the |
|
junior college district for as long as the junior college district |
|
uses the property for educational purposes. |
|
SECTION 69. Section 130.016(b), Education Code, is amended |
|
to read as follows: |
|
(b) If the board of trustees of an independent school |
|
district that divests itself of the management, control, and |
|
operation of a junior college district under this section or under |
|
Section 130.017 [of this code] was authorized by [Subsection (e)
|
|
of] Section 45.105(e) or under former Section 20.48(e) [20.48 of
|
|
this code] to dedicate a portion of its tax levy to the junior |
|
college district before the divestment, the junior college district |
|
may levy an ad valorem tax from and after the divestment. In the |
|
first two years in which the junior college district levies an ad |
|
valorem tax, the tax rate adopted by the governing body may not |
|
exceed the rate that, if applied to the total taxable value |
|
submitted to the governing body under Section 26.04, Tax Code, |
|
would impose an amount equal to the amount of taxes of the school |
|
district dedicated to the junior college under [Subsection (e) of] |
|
Section 45.105(e) or former Section 20.48(e) [20.48 of this code] |
|
in the last dedication before the divestment. In subsequent years, |
|
the tax rate of the junior college district is subject to Section |
|
26.08 [26.07], Tax Code. |
|
SECTION 70. Section 403.302(o), Government Code, is amended |
|
to read as follows: |
|
(o) The comptroller shall adopt rules governing the conduct |
|
of the study after consultation with the comptroller's property tax |
|
administration advisory board [Comptroller's Property Value Study
|
|
Advisory Committee]. |
|
SECTION 71. Sections 281.124(d) and (e), Health and Safety |
|
Code, are amended to read as follows: |
|
(d) If a majority of the votes cast in the election favor the |
|
proposition, the tax rate for the specified tax year is the rate |
|
approved by the voters, and that rate is not subject to [a rollback
|
|
election under] Section 26.08 [26.07], Tax Code. The board shall |
|
adopt the tax rate as provided by Chapter 26, Tax Code. |
|
(e) If the proposition is not approved as provided by |
|
Subsection (c), the board may not adopt a tax rate for the district |
|
for the specified tax year that exceeds the rate that was not |
|
approved, and Section 26.08 [26.07], Tax Code, applies to the |
|
adopted rate if that rate exceeds the district's rollback tax rate. |
|
SECTION 72. Section 102.007(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) An adopted budget must contain a cover page that |
|
includes: |
|
(1) one of the following statements in 18-point or |
|
larger type that accurately describes the adopted budget: |
|
(A) "This budget will raise more revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of increase), which is a (insert percentage increase) |
|
percent increase from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; |
|
(B) "This budget will raise less revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of decrease), which is a (insert percentage decrease) |
|
percent decrease from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; or |
|
(C) "This budget will raise the same amount of |
|
revenue from property taxes as last year's budget. The property tax |
|
revenue to be raised from new property added to the tax roll this |
|
year is (insert amount computed by multiplying the proposed tax |
|
rate by the value of new property added to the roll)."; |
|
(2) the record vote of each member of the governing |
|
body by name voting on the adoption of the budget; |
|
(3) the municipal property tax rates for the preceding |
|
fiscal year, and each municipal property tax rate that has been |
|
adopted or calculated for the current fiscal year, including: |
|
(A) the property tax rate; |
|
(B) the equivalent [effective] tax rate; |
|
(C) the equivalent [effective] maintenance and |
|
operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of municipal debt obligations. |
|
SECTION 73. Section 111.008(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) An adopted budget must contain a cover page that |
|
includes: |
|
(1) one of the following statements in 18-point or |
|
larger type that accurately describes the adopted budget: |
|
(A) "This budget will raise more revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of increase), which is a (insert percentage increase) |
|
percent increase from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; |
|
(B) "This budget will raise less revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of decrease), which is a (insert percentage decrease) |
|
percent decrease from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; or |
|
(C) "This budget will raise the same amount of |
|
revenue from property taxes as last year's budget. The property tax |
|
revenue to be raised from new property added to the tax roll this |
|
year is (insert amount computed by multiplying the proposed tax |
|
rate by the value of new property added to the roll)."; |
|
(2) the record vote of each member of the |
|
commissioners court by name voting on the adoption of the budget; |
|
(3) the county property tax rates for the preceding |
|
fiscal year, and each county property tax rate that has been adopted |
|
or calculated for the current fiscal year, including: |
|
(A) the property tax rate; |
|
(B) the equivalent [effective] tax rate; |
|
(C) the equivalent [effective] maintenance and |
|
operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of county debt obligations. |
|
SECTION 74. Section 111.039(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) An adopted budget must contain a cover page that |
|
includes: |
|
(1) one of the following statements in 18-point or |
|
larger type that accurately describes the adopted budget: |
|
(A) "This budget will raise more revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of increase), which is a (insert percentage increase) |
|
percent increase from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; |
|
(B) "This budget will raise less revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of decrease), which is a (insert percentage decrease) |
|
percent decrease from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; or |
|
(C) "This budget will raise the same amount of |
|
revenue from property taxes as last year's budget. The property tax |
|
revenue to be raised from new property added to the tax roll this |
|
year is (insert amount computed by multiplying the proposed tax |
|
rate by the value of new property added to the roll)."; |
|
(2) the record vote of each member of the |
|
commissioners court by name voting on the adoption of the budget; |
|
(3) the county property tax rates for the preceding |
|
fiscal year, and each county property tax rate that has been adopted |
|
or calculated for the current fiscal year, including: |
|
(A) the property tax rate; |
|
(B) the equivalent [effective] tax rate; |
|
(C) the equivalent [effective] maintenance and |
|
operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of county debt obligations. |
|
SECTION 75. Section 111.068(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) An adopted budget must contain a cover page that |
|
includes: |
|
(1) one of the following statements in 18-point or |
|
larger type that accurately describes the adopted budget: |
|
(A) "This budget will raise more revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of increase), which is a (insert percentage increase) |
|
percent increase from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; |
|
(B) "This budget will raise less revenue from |
|
property taxes than last year's budget by an amount of (insert total |
|
dollar amount of decrease), which is a (insert percentage decrease) |
|
percent decrease from last year's budget. The property tax revenue |
|
to be raised from new property added to the tax roll this year is |
|
(insert amount computed by multiplying the proposed tax rate by the |
|
value of new property added to the roll)."; or |
|
(C) "This budget will raise the same amount of |
|
revenue from property taxes as last year's budget. The property tax |
|
revenue to be raised from new property added to the tax roll this |
|
year is (insert amount computed by multiplying the proposed tax |
|
rate by the value of new property added to the roll)."; |
|
(2) the record vote of each member of the |
|
commissioners court by name voting on the adoption of the budget; |
|
(3) the county property tax rates for the preceding |
|
fiscal year, and each county property tax rate that has been adopted |
|
or calculated for the current fiscal year, including: |
|
(A) the property tax rate; |
|
(B) the equivalent [effective] tax rate; |
|
(C) the equivalent [effective] maintenance and |
|
operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of county debt obligations. |
|
SECTION 76. Section 1101.254(f), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(f) This section does not affect the applicability of [any
|
|
rights district voters may have to petition for an election under] |
|
Section 26.08 [26.07], Tax Code, to the district's tax rate, except |
|
that if district voters approve a tax rate increase under this |
|
section, [the voters may not petition for an election under] |
|
Section 26.08 [26.07], Tax Code, does not apply [as] to the tax rate |
|
for that year. |
|
SECTION 77. Sections 1122.2522, 3828.157, and 8876.152, |
|
Special District Local Laws Code, are amended to read as follows: |
|
Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE. |
|
[(a)] If in any year the board adopts a tax rate that exceeds the |
|
rollback tax rate calculated as provided by Chapter 26, Tax Code, |
|
[the qualified voters of the district by petition may require that] |
|
an election under Section 26.08 of that code must be held to |
|
determine whether or not to approve [reduce] the tax rate adopted by |
|
the board for that year [to the rollback tax rate]. |
|
[(b)
To the extent a conflict exists between this section
|
|
and a provision of the Tax Code, the provision of the Tax Code
|
|
prevails.] |
|
Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. Sections 26.04, 26.05, and 26.08 [26.07], Tax Code, do |
|
not apply to a tax imposed under Section 3828.153 or 3828.156. |
|
Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS. |
|
(a) Sections 26.04, 26.05, 26.06, 26.061, and 26.08 [26.07], Tax |
|
Code, do not apply to a tax imposed by the district. |
|
(b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236], |
|
Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
|
|
78th Legislature, Regular Session, 2003, applies] to the district. |
|
SECTION 78. Section 49.107(g), Water Code, is amended to |
|
read as follows: |
|
(g) Sections 26.04, 26.05, 26.061, and 26.08 [26.07], Tax |
|
Code, do not apply to a tax levied and collected under this section |
|
or an ad valorem tax levied and collected for the payment of the |
|
interest on and principal of bonds issued by a district. |
|
SECTION 79. Section 49.108(f), Water Code, is amended to |
|
read as follows: |
|
(f) Sections 26.04, 26.05, 26.061, and 26.08 [26.07], Tax |
|
Code, do not apply to a tax levied and collected for payments made |
|
under a contract approved in accordance with this section. |
|
SECTION 80. Sections 49.236(a) and (d), Water Code, as |
|
added by Chapter 335 (S.B. 392), Acts of the 78th Legislature, |
|
Regular Session, 2003, are amended to read as follows: |
|
(a) Before the board adopts an ad valorem tax rate for the |
|
district for debt service, operation and maintenance purposes, or |
|
contract purposes, the board shall give notice of each meeting of |
|
the board at which the adoption of a tax rate will be considered. |
|
The notice must: |
|
(1) contain a statement in substantially the following |
|
form: |
|
"NOTICE OF PUBLIC HEARING ON TAX RATE |
|
"The (name of the district) will hold a public hearing on a |
|
proposed tax rate for the tax year (year of tax levy) on (date and |
|
time) at (meeting place). Your individual taxes may increase at a |
|
greater or lesser rate, or even decrease, depending on the tax rate |
|
that is adopted and 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 change in the |
|
taxable value of your property in relation to the change in the |
|
taxable value of all other property determines the distribution of |
|
the tax burden among all property owners. |
|
"(Names of all board members and, if a vote was taken, an |
|
indication of how each voted on the proposed tax rate and an |
|
indication of any absences.)"; |
|
(2) contain the following information: |
|
(A) the district's total 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 district in the preceding year and in the current |
|
year; the district's total 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 |
|
district 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 district 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 |
|
district in the current 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, if the proposed tax |
|
rate is adopted; [and] |
|
(F) the difference between the amounts of tax |
|
calculated under Paragraphs (D) and (E), expressed in dollars and |
|
cents and described as the annual percentage increase or decrease, |
|
as applicable, in the tax to be imposed by the district on the |
|
average residence homestead in the district in the current year if |
|
the proposed tax rate is adopted; and |
|
(G) if the proposed combined debt service, |
|
operation and maintenance, and contract tax rate exceeds the |
|
rollback tax rate, a description of the purpose of the proposed tax |
|
increase; and |
|
(3) contain a statement in substantially the following |
|
form: |
|
"NOTICE OF VOTE ON TAX RATE [TAXPAYERS' RIGHT TO ROLLBACK ELECTION] |
|
"If operation and maintenance taxes on the average residence |
|
homestead increase by more than eight percent, [the qualified
|
|
voters of the district by petition may require that] an election |
|
must be held to determine whether to ratify [reduce] the operation |
|
and maintenance tax rate [to the rollback tax rate] under Section |
|
49.236(d), Water Code." |
|
(d) If the governing body of a district adopts a combined |
|
debt service, operation and maintenance, and contract tax rate that |
|
exceeds the rollback tax rate, [would impose more than 1.08 times
|
|
the amount of tax imposed by the district in the preceding year on a
|
|
residence homestead appraised at the average appraised value of a
|
|
residence homestead in the district in that year, disregarding any
|
|
homestead exemption available only to disabled persons or persons
|
|
65 years of age or older, the qualified voters of the district by
|
|
petition may require that] an election must be held to determine |
|
whether [or not] to ratify [reduce] the tax rate adopted for the |
|
current year [to the rollback tax rate] in accordance with the |
|
procedures provided by Sections 26.08(b)-(d) [26.07(b)-(g) and
|
|
26.081], Tax Code. For purposes of Sections 26.08(b)-(d) |
|
[26.07(b)-(g)] and this section [subsection], the rollback tax rate |
|
is the sum of the following tax rates: |
|
(1) the current year's debt service tax rate; |
|
(2) the current year's [and] contract tax rate; and |
|
(3) [rates plus] the operation and maintenance tax |
|
rate that would impose 1.08 times the amount of the operation and |
|
maintenance tax imposed by the district in the preceding year on a |
|
residence homestead appraised at the average appraised value of a |
|
residence homestead in the district in that year, disregarding any |
|
homestead exemption available only to disabled persons or persons |
|
65 years of age or older. |
|
SECTION 81. The following provisions of the Tax Code are |
|
repealed: |
|
(1) Sections 5.103(e) and (f); |
|
(2) Section 6.412(e); and |
|
(3) Section 41A.06(c). |
|
SECTION 82. The following provisions are repealed: |
|
(1) Sections 403.302(m-1) and (n), Government Code; |
|
(2) Section 140.010, Local Government Code; |
|
(3) Section 1063.255, Special District Local Laws |
|
Code; |
|
(4) Section 26.07, Tax Code; |
|
(5) Section 49.236, Water Code, as added by Chapter |
|
248 (H.B. 1541), Acts of the 78th Legislature, Regular Session, |
|
2003; |
|
(6) Section 49.2361, Water Code; |
|
(7) Section 1, H.B. 2228, Acts of the 85th |
|
Legislature, Regular Session, 2017, which amended Section |
|
11.4391(a), Tax Code; |
|
(8) Section 3, H.B. 2228, Acts of the 85th |
|
Legislature, Regular Session, 2017, which added Sections 22.23(c) |
|
and (d), Tax Code; and |
|
(9) Section 5, H.B. 2228, Acts of the 85th |
|
Legislature, Regular Session, 2017, which amended Sections |
|
41.44(a) and (c), Tax Code. |
|
SECTION 83. Section 5.041, Tax Code, as amended by this Act, |
|
applies only to an appraisal review board member appointed to serve |
|
a term of office that begins on or after January 1, 2018. |
|
SECTION 84. The comptroller shall implement Section 5.043, |
|
Tax Code, as added by this Act, as soon as practicable after January |
|
1, 2018. |
|
SECTION 85. Sections 5.05, 5.102, 5.13, and 23.01, Tax |
|
Code, as amended by this Act, apply only to the appraisal of |
|
property for ad valorem tax purposes for a tax year beginning on or |
|
after January 1, 2018. |
|
SECTION 86. (a) The comptroller shall comply with Sections |
|
5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon |
|
as practicable after January 1, 2018. |
|
(b) The comptroller shall comply with Section 5.091, Tax |
|
Code, as amended by this Act, not later than January 1, 2019. |
|
SECTION 87. The comptroller shall prepare and make |
|
available the survey form and instructions for completing and |
|
submitting the form required by Section 5.104, Tax Code, as added by |
|
this Act, as soon as practicable after January 1, 2018. An |
|
appraisal district is not required to provide the survey form or |
|
instructions under a requirement of that section until the form and |
|
instructions are prepared and made available by the comptroller. |
|
SECTION 88. Section 6.41(d-9), Tax Code, as amended by this |
|
Act, applies only to the appointment of appraisal review board |
|
members to terms beginning on or after January 1, 2019. |
|
SECTION 89. Section 6.412, Tax Code, as amended by this Act, |
|
does not affect the eligibility of a person serving on an appraisal |
|
review board immediately before January 1, 2018, to continue to |
|
serve on the board for the term to which the member was appointed. |
|
SECTION 90. Section 6.42(d), Tax Code, as added by this Act, |
|
applies only to a recommendation, determination, decision, or other |
|
action by an appraisal review board or a panel of such a board on or |
|
after January 1, 2018. A recommendation, determination, decision, |
|
or other action by an appraisal review board or a panel of such a |
|
board before January 1, 2018, is governed by the law as it existed |
|
immediately before that date, and that law is continued in effect |
|
for that purpose. |
|
SECTION 91. Sections 11.4391(a) and 22.23, Tax Code, as |
|
amended by this Act, apply only to ad valorem taxes imposed for a |
|
tax year beginning on or after January 1, 2018. |
|
SECTION 92. (a) An appraisal district established in a |
|
county with a population of 120,000 or more and each taxing unit |
|
located wholly or partly in such an appraisal district shall comply |
|
with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, |
|
Tax Code, as added by this Act, beginning with the 2019 tax year. |
|
(b) An appraisal district established in a county with a |
|
population of less than 120,000 and each taxing unit located wholly |
|
in such an appraisal district shall comply with Sections |
|
26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as |
|
added by this Act, beginning with the 2020 tax year. |
|
SECTION 93. Not later than the 30th day after the effective |
|
date of this section: |
|
(1) the designated officer or employee of each taxing |
|
unit shall submit to the county assessor-collector for each county |
|
in which all or part of the territory of the taxing unit is located |
|
the worksheets used by the designated officer or employee to |
|
calculate the effective and rollback tax rates of the unit for the |
|
2013-2017 tax years; and |
|
(2) the county assessor-collector for each county |
|
shall post the worksheets submitted to the county |
|
assessor-collector under Subdivision (1) of this section on the |
|
Internet website of the county. |
|
SECTION 94. A taxing unit that does not own, operate, or |
|
control an Internet website is not required to comply with Sections |
|
26.05(b)(2) and 26.065(b), Tax Code, as amended by this Act, until |
|
the first tax year in which the unit is required by law to maintain |
|
or have access to an Internet website. |
|
SECTION 95. Section 33.08(b), Tax Code, as amended by this |
|
Act, applies only to taxes that become delinquent on or after |
|
January 1, 2018. Taxes that become delinquent before that date are |
|
governed by the law as it existed immediately before that date, and |
|
that law is continued in effect for that purpose. |
|
SECTION 96. Section 41.03(a), Tax Code, as amended by this |
|
Act, applies only to a challenge under Chapter 41, Tax Code, for |
|
which a challenge petition is filed on or after January 1, 2018. A |
|
challenge under Chapter 41, Tax Code, for which a challenge |
|
petition was filed before January 1, 2018, is governed by the law in |
|
effect on the date the challenge petition was filed, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 97. Sections 41.45 and 41.66(k), Tax Code, as |
|
amended by this Act, and Section 41.66(k-1), Tax Code, as added by |
|
this Act, apply only to a protest filed under Chapter 41, Tax Code, |
|
on or after January 1, 2019. A protest filed under that chapter |
|
before January 1, 2019, is governed by the law in effect on the date |
|
the protest was filed, and the former law is continued in effect for |
|
that purpose. |
|
SECTION 98. Sections 41.46, 41.461, 41.47, 41.66(h), (i), |
|
and (j), and 41.67, Tax Code, as amended by this Act, and Sections |
|
41.66(j-1) and (p), Tax Code, as added by this Act, apply only to a |
|
protest for which the notice of protest was filed by a property |
|
owner or the designated agent of the owner with the appraisal review |
|
board established for an appraisal district on or after January 1, |
|
2018. |
|
SECTION 99. Section 41.71, Tax Code, as amended by this Act, |
|
applies only to a hearing on a protest under Chapter 41, Tax Code, |
|
that is scheduled on or after January 1, 2018. A hearing on a |
|
protest under Chapter 41, Tax Code, that is scheduled before |
|
January 1, 2018, is governed by the law in effect on the date the |
|
hearing was scheduled, and that law is continued in effect for that |
|
purpose. |
|
SECTION 100. Section 41A.07, Tax Code, as amended by this |
|
Act, applies only to a request for binding arbitration received by |
|
the comptroller from an appraisal district on or after January 1, |
|
2018. |
|
SECTION 101. Section 41A.09(b), Tax Code, as amended by |
|
this Act, applies only to a request for binding arbitration under |
|
Chapter 41A, Tax Code, that is filed on or after January 1, 2018. A |
|
request for binding arbitration under Chapter 41A, Tax Code, that |
|
is filed before January 1, 2018, is governed by the law in effect on |
|
the date the request is filed, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 102. The changes in law made by this Act in the |
|
qualifications of persons serving as arbitrators in binding |
|
arbitrations of appeals of appraisal review board orders do not |
|
affect the entitlement of a person serving as an arbitrator |
|
immediately before January 1, 2018, to continue to serve as an |
|
arbitrator and to conduct hearings on arbitrations until the person |
|
is required to renew the person's agreement with the comptroller to |
|
serve as an arbitrator. The changes in law apply only to a person |
|
who initially qualifies to serve as an arbitrator or who renews the |
|
person's agreement with the comptroller to serve as an arbitrator |
|
on or after January 1, 2018. This Act does not prohibit a person who |
|
is serving as an arbitrator on January 1, 2018, from renewing the |
|
person's agreement with the comptroller to serve as an arbitrator |
|
if the person has the qualifications required for an arbitrator |
|
under the Tax Code as amended by this Act. |
|
SECTION 103. (a) Not later than the 30th day after the date |
|
this section takes effect, the comptroller shall mail a written |
|
notice to each appraisal district and the assessor for each taxing |
|
unit in this state of: |
|
(1) the deadline for complying with each new |
|
requirement, duty, or function imposed by this Act on an appraisal |
|
district or taxing unit; and |
|
(2) any change made by this Act to the deadline for |
|
complying with an existing requirement, duty, or function of an |
|
appraisal district or taxing unit. |
|
(b) This section takes effect immediately if this Act |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this section takes effect on the 91st day after the last day |
|
of the legislative session. |
|
SECTION 104. (a) Except as otherwise provided by this Act, |
|
this Act takes effect January 1, 2018. |
|
(b) Section 93 of this Act takes effect immediately if this |
|
Act receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, Section 93 of this Act takes effect on the 91st day after |
|
the last day of the legislative session. |
|
(c) The following provisions take effect September 1, 2018: |
|
(1) Sections 6.41(b) and (d-9), Tax Code, as amended |
|
by this Act; |
|
(2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, |
|
as added by this Act; |
|
(3) Section 6.414(d), Tax Code, as amended by this |
|
Act; |
|
(4) Section 6.425, Tax Code, as added by this Act; |
|
(5) Section 41.44(d), Tax Code, as amended by this |
|
Act; |
|
(6) Section 41.45(d), Tax Code, as amended by this |
|
Act; |
|
(7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, |
|
as added by this Act; |
|
(8) Section 41.66(k), Tax Code, as amended by this |
|
Act; and |
|
(9) Section 41.66(k-1), Tax Code, as added by this |
|
Act. |
|
(d) The following provisions take effect January 1, 2019: |
|
(1) Sections 26.04(d-1), (d-2), (d-3), (e-2), (e-3), |
|
(e-4), and (e-5), Tax Code, as added by this Act; |
|
(2) Sections 26.04(e-1) and (g), Tax Code, as amended |
|
by this Act; |
|
(3) Sections 26.05(d-1) and (d-2), Tax Code, as added |
|
by this Act; and |
|
(4) Section 26.05(e), Tax Code, as amended by this |
|
Act. |