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A BILL TO BE ENTITLED
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AN ACT
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relating to ad valorem taxation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Property Tax |
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Reform and Relief Act of 2017. |
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SECTION 2. Chapter 5, Tax Code, is amended by adding Section |
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5.01 to read as follows: |
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Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. |
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(a) The comptroller shall appoint the property tax administration |
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advisory board to advise the comptroller with respect to the |
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division or divisions within the office of the comptroller with |
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primary responsibility for state administration of property |
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taxation and state oversight of appraisal districts and local tax |
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offices. The advisory board may make recommendations to the |
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comptroller regarding improving the effectiveness and efficiency |
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of the property tax system, best practices, and complaint |
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resolution procedures. |
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(b) The advisory board is composed of at least six members |
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appointed by the comptroller. The members of the board should |
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include: |
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(1) representatives of property tax payers, appraisal |
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districts, and school districts; and |
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(2) a person who has knowledge or experience in |
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conducting ratio studies. |
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(c) The members of the advisory board serve at the pleasure |
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of the comptroller. |
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(d) Any advice to the comptroller relating to a matter |
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described by Subsection (a) that is provided by a member of the |
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advisory board must be provided at a meeting called by the |
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comptroller. |
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(e) Chapter 2110, Government Code, does not apply to the |
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advisory board. |
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SECTION 3. Section 5.05, Tax Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) An appraisal district shall appraise property in |
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accordance with any appraisal manuals prepared and issued by the |
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comptroller under this section. |
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SECTION 4. Sections 5.102(a) and (c), Tax Code, are amended |
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to read as follows: |
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(a) At least once every two years, the comptroller shall |
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review the governance of each appraisal district, taxpayer |
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assistance provided, and the operating and appraisal standards, |
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procedures, and methodology used by each appraisal district, to |
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determine compliance with generally accepted standards, |
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procedures, and methodology, including compliance with standards, |
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procedures, and methodology prescribed by appraisal manuals |
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prepared and issued by the comptroller. After consultation with |
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the property tax administration advisory board [committee created
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under Section 403.302, Government Code], the comptroller by rule |
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may establish procedures and standards for conducting and scoring |
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the review. |
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(c) At the conclusion of the review, the comptroller shall, |
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in writing, notify the appraisal district concerning its |
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performance in the review. If the review results in a finding that |
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an appraisal district is not in compliance with generally accepted |
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standards, procedures, and methodology, including compliance with |
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standards, procedures, and methodology prescribed by appraisal |
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manuals prepared and issued by the comptroller, the comptroller |
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shall deliver a report that details the comptroller's findings and |
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recommendations for improvement to: |
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(1) the appraisal district's chief appraiser and board |
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of directors; and |
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(2) the superintendent and board of trustees of each |
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school district participating in the appraisal district. |
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SECTION 5. Section 5.13(d), Tax Code, is amended to read as |
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follows: |
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(d) In conducting a general audit, the comptroller shall |
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consider and report on: |
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(1) the extent to which the district complies with |
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applicable law or generally accepted standards of appraisal or |
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other relevant practice, including appraisal standards and |
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practices prescribed by appraisal manuals prepared and issued by |
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the comptroller; |
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(2) the uniformity and level of appraisal of major |
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kinds of property and the cause of any significant deviations from |
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ideal uniformity and equality of appraisal of major kinds of |
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property; |
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(3) duplication of effort and efficiency of operation; |
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(4) the general efficiency, quality of service, and |
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qualification of appraisal district personnel; and |
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(5) except as otherwise provided by Subsection (b) [of
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this section], any other matter included in the request for the |
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audit. |
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SECTION 6. Section 6.03(a), Tax Code, is amended to read as |
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follows: |
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(a) The appraisal district is governed by a board of |
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directors. Five directors are appointed by the taxing units that |
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participate in the district as provided by this section. If the |
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county assessor-collector is not appointed to the board, the county |
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assessor-collector serves as a nonvoting director. The county |
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assessor-collector is ineligible to serve if the board enters into |
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a contract under Section 6.05(b) or if the commissioners court of |
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the county enters into a contract under Section 6.24(b). To be |
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eligible to serve on the board of directors, an individual other |
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than a county assessor-collector serving as a nonvoting director |
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must: |
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(1) be a resident of the district; |
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(2) [and must] have resided in the district for at |
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least two years immediately preceding the date the individual takes |
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office; and |
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(3) be an elected official of the county or a member of |
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the governing body or other elected official of a political |
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subdivision all or part of the territory of which is located in the |
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county. [An individual who is otherwise eligible to serve on the
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board is not ineligible because of membership on the governing body
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of a taxing unit. An employee of a taxing unit that participates in
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the district is not eligible to serve on the board unless the
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individual is also a member of the governing body or an elected
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official of a taxing unit that participates in the district.] |
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SECTION 7. Section 6.035(a-1), Tax Code, is amended to read |
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as follows: |
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(a-1) An individual is ineligible to serve on an appraisal |
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district board of directors if the individual has engaged in the |
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business of appraising property for compensation for use in |
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proceedings under this title or of representing property owners for |
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compensation in proceedings under this title in the appraisal |
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district at any time during the preceding three [five] years. |
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SECTION 8. Section 6.15, Tax Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) Subsections (a) and (b) do not prohibit a member of |
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the board of directors of an appraisal district from transmitting |
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to the chief appraiser without comment a complaint by a property |
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owner or taxing unit about the appraisal of a specific property, |
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provided that the transmission is in writing. |
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SECTION 9. Section 6.41, Tax Code, is amended by amending |
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Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and |
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(d-10) to read as follows: |
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(b) Except as provided by Subsection (b-1) or (b-2), an |
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appraisal review [The] board consists of three members. |
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(b-1) An appraisal [However, the] district board of |
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directors by resolution of a majority of the board's [its] members |
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may increase the size of the district's appraisal review board to |
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the number of members the board of directors considers appropriate. |
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(b-2) An appraisal district board of directors for a |
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district established in a county described by Subsection (d-1) by |
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resolution of a majority of the board's members shall increase the |
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size of the district's appraisal review board to the number of |
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members the board of directors considers appropriate to manage the |
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duties of the appraisal review board, including the duties of each |
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special panel established under Section 6.425. |
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(d-9) In selecting individuals who are to serve as members |
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of the appraisal review board, the local administrative district |
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judge shall select an adequate number of qualified individuals to |
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permit the chairman of the appraisal review board to fill the |
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positions on each special panel established under Section 6.425. |
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(d-10) Upon selection of the individuals who are to serve as |
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members of the appraisal review board, the local administrative |
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district judge shall enter an appropriate order designating such |
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members and setting each member's respective term of office, as |
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provided elsewhere in this section. |
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SECTION 10. Section 6.414(d), Tax Code, is amended to read |
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as follows: |
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(d) An auxiliary board member may hear taxpayer protests |
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before the appraisal review board. An auxiliary board member may |
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not hear taxpayer protests before a special panel established under |
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Section 6.425 unless the member is eligible to be appointed to the |
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special panel. If one or more auxiliary board members sit on a |
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panel established under Section 6.425 or 41.45 to conduct a protest |
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hearing, the number of regular appraisal review board members |
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required by that section to constitute the panel is reduced by the |
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number of auxiliary board members sitting. An auxiliary board |
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member sitting on a panel is considered a regular board member for |
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all purposes related to the conduct of the hearing. |
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SECTION 11. Section 6.42, Tax Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) The concurrence of a majority of the members of the |
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appraisal review board or a panel of the board present at a meeting |
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of the board or panel is sufficient for a recommendation, |
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determination, decision, or other action by the board or panel, and |
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the concurrence of more than a majority of the members of the board |
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or panel may not be required. |
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SECTION 12. Subchapter C, Chapter 6, Tax Code, is amended by |
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adding Section 6.425 to read as follows: |
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Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN |
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CERTAIN DISTRICTS. (a) This section applies only to the appraisal |
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review board for an appraisal district described by Section |
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6.41(b-2). |
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(b) The appraisal review board shall establish a separate |
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special panel for each of the following classifications of property |
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to conduct protest hearings under Chapter 41 relating to property |
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included in that classification: |
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(1) commercial real and personal property; |
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(2) real and personal property of utilities; |
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(3) industrial and manufacturing real and personal |
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property; and |
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(4) multifamily residential real property. |
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(c) The chairman of the appraisal review board may establish |
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additional special panels described by this section to conduct |
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protest hearings relating to property included in a classification |
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described by Subsection (b) if the chairman determines that |
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additional panels are necessary. |
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(d) Each special panel described by this section consists of |
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three members of the appraisal review board appointed by the |
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chairman of the board. |
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(e) To be eligible to be appointed to a special panel |
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described by this section, a member of the appraisal review board |
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must: |
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(1) hold a juris doctor or equivalent degree; |
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(2) hold a master of business administration degree; |
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(3) be licensed as a certified public accountant under |
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Chapter 901, Occupations Code; |
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(4) be accredited by the American Society of |
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Appraisers as an accredited senior appraiser; |
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(5) possess an MAI professional designation from the |
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Appraisal Institute; |
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(6) possess a Certified Assessment Evaluator (CAE) |
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professional designation from the International Association of |
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Assessing Officers; or |
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(7) have at least 20 years of experience in property |
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tax appraisal or consulting. |
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(f) Notwithstanding Subsection (e), the chairman of the |
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appraisal review board may appoint to a special panel described by |
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this section a member of the appraisal review board who does not |
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meet the qualifications prescribed by that subsection if: |
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(1) the number of persons appointed to the board by the |
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local administrative district judge who meet those qualifications |
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is not sufficient to fill the positions on each special panel; and |
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(2) the board member being appointed to the panel: |
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(A) holds a bachelor's degree in any field; or |
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(B) is licensed as a real estate broker or sales |
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agent under Chapter 1101, Occupations Code. |
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SECTION 13. Section 22.23, Tax Code, is amended to read as |
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follows: |
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Sec. 22.23. FILING DATE. (a) Rendition statements and |
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property reports must be delivered to the chief appraiser after |
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January 1 and not later than April 1 [15], except as provided by |
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Section 22.02. |
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(b) On written request by the property owner, the chief |
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appraiser shall extend a deadline for filing a rendition statement |
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or property report to May 1 [15]. The chief appraiser may further |
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extend the deadline an additional 15 days upon good cause shown in |
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writing by the property owner. |
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SECTION 14. Section 23.01(b), Tax Code, is amended to read |
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as follows: |
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(b) The market value of property shall be determined by the |
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application of generally accepted appraisal methods and |
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techniques, including appraisal methods and techniques prescribed |
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by appraisal manuals prepared and issued by the comptroller. If the |
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appraisal district determines the appraised value of a property |
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using mass appraisal standards, the mass appraisal standards must |
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comply with the Uniform Standards of Professional Appraisal |
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Practice. The same or similar appraisal methods and techniques |
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shall be used in appraising the same or similar kinds of property. |
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However, each property shall be appraised based upon the individual |
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characteristics that affect the property's market value, and all |
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available evidence that is specific to the value of the property |
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shall be taken into account in determining the property's market |
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value. |
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SECTION 15. Section 25.19, Tax Code, is amended by amending |
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Subsections (a) and (g) and adding Subsection (b-3) to read as |
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follows: |
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(a) By April 15 [1] or as soon thereafter as practicable [if
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the property is a single-family residence that qualifies for an
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exemption under Section 11.13, or by May 1 or as soon thereafter as
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practicable in connection with any other property], the chief |
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appraiser shall deliver a clear and understandable written notice |
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to a property owner of the appraised value of the property owner's |
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property if: |
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(1) the appraised value of the property is greater |
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than it was in the preceding year; |
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(2) the appraised value of the property is greater |
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than the value rendered by the property owner; |
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(3) the property was not on the appraisal roll in the |
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preceding year; or |
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(4) an exemption or partial exemption approved for the |
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property for the preceding year was canceled or reduced for the |
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current year. |
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(b-3) This subsection applies only to an appraisal district |
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described by Section 6.41(b-2). In addition to the information |
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required by Subsection (b), the chief appraiser shall state in a |
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notice of appraised value of property included in a classification |
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described by Section 6.425(b) that the property owner has the right |
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to have a protest relating to the property heard by a special panel |
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of the appraisal review board. |
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(g) By April 15 [1] or as soon thereafter as practicable [if
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the property is a single-family residence that qualifies for an
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exemption under Section 11.13, or by May 1 or as soon thereafter as
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practicable in connection with any other property], the chief |
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appraiser shall deliver a written notice to the owner of each |
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property not included in a notice required to be delivered under |
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Subsection (a), if the property was reappraised in the current tax |
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year, if the ownership of the property changed during the preceding |
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year, or if the property owner or the agent of a property owner |
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authorized under Section 1.111 makes a written request for the |
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notice. The chief appraiser shall separate real from personal |
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property and include in the notice for each property: |
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(1) the appraised value of the property in the |
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preceding year; |
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(2) the appraised value of the property for the |
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current year and the kind of each partial exemption, if any, |
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approved for the current year; |
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(3) a detailed explanation of the time and procedure |
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for protesting the value; and |
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(4) the date and place the appraisal review board will |
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begin hearing protests. |
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SECTION 16. Section 25.22(a), Tax Code, is amended to read |
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as follows: |
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(a) By May 1 [15] or as soon thereafter as practicable, the |
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chief appraiser shall submit the completed appraisal records to the |
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appraisal review board for review and determination of protests. |
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However, the chief appraiser may not submit the records until the |
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chief appraiser has delivered the notices required by Subsection |
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(d) of Section 11.45, Subsection (d) of Section 23.44, Subsection |
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(d) of Section 23.57, Subsection (d) of Section 23.79, Subsection |
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(d) of Section 23.85, Subsection (d) of Section 23.95, Subsection |
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(d) of Section 23.9805, and Section 25.19. |
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SECTION 17. Sections 26.01(a) and (e), Tax Code, are |
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amended to read as follows: |
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(a) By July 10 [25], the chief appraiser shall prepare and |
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certify to the assessor for each taxing unit participating in the |
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district that part of the appraisal roll for the district that lists |
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the property taxable by the unit. The part certified to the |
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assessor is the appraisal roll for the unit. The chief appraiser |
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shall consult with the assessor for each taxing unit and notify each |
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unit in writing by April 1 of the form in which the roll will be |
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provided to each unit. |
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(e) Except as provided by Subsection (f), not later than May |
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15 [April 30], the chief appraiser shall prepare and certify to the |
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assessor for each county, municipality, and school district |
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participating in the appraisal district an estimate of the taxable |
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value of property in that taxing unit. The chief appraiser shall |
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assist each county, municipality, and school district in |
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determining values of property in that taxing unit for the taxing |
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unit's budgetary purposes. |
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SECTION 18. Section 26.012(9), Tax Code, is redesignated as |
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Section 26.012(18), Tax Code, and amended to read as follows: |
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(18) "No-new-taxes [(9) "Effective] maintenance and |
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operations rate" means a rate expressed in dollars per $100 of |
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taxable value and calculated according to the following formula: |
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NO-NEW-TAXES [EFFECTIVE] MAINTENANCE AND OPERATIONS |
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RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST |
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YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - |
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NEW PROPERTY VALUE) |
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SECTION 19. The heading to Section 26.04, Tax Code, is |
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amended to read as follows: |
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Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
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NO-NEW-TAXES [EFFECTIVE] AND ROLLBACK TAX RATES. |
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SECTION 20. Section 26.04, Tax Code, is amended by amending |
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Subsections (b), (c), (d), (e), (e-1), (f), (i), and (j) and adding |
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Subsections (c-1), (d-1), (d-2), (d-3), and (h-1) to read as |
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follows: |
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(b) The assessor shall submit the appraisal roll for the |
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unit showing the total appraised, assessed, and taxable values of |
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all property and the total taxable value of new property to the |
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governing body of the unit by July 15 [August 1] or as soon |
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thereafter as practicable. By July 15 [August 1] or as soon |
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thereafter as practicable, the taxing unit's collector shall |
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certify [an estimate of] the anticipated collection rate for the |
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current year to the governing body. If the collector certified an |
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anticipated collection rate in the preceding year and the actual |
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collection rate in that year exceeded the anticipated rate, the |
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collector shall also certify the amount of debt taxes collected in |
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excess of the anticipated amount in the preceding year. |
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(c) An officer or employee designated by the governing body |
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shall calculate the no-new-taxes [effective] tax rate and the |
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rollback tax rate for the unit, where: |
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(1) "No-new-taxes ["Effective] tax rate" means a rate |
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expressed in dollars per $100 of taxable value calculated according |
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to the following formula: |
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NO-NEW-TAXES [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY - |
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LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
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PROPERTY VALUE) |
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; and |
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(2) "Rollback tax rate" means a rate expressed in |
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dollars per $100 of taxable value calculated according to the |
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following formula: |
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ROLLBACK TAX RATE = (NO-NEW-TAXES [EFFECTIVE] |
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MAINTENANCE AND OPERATIONS RATE x 1.05 [1.08]) + |
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CURRENT DEBT RATE |
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(c-1) Notwithstanding any other provision of this section, |
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the governing body may direct the designated officer or employee to |
|
substitute "1.08" for "1.05" in the calculation of the rollback tax |
|
rate if any part of the taxing 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. |
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(d) The no-new-taxes [effective] tax rate for a county is |
|
the sum of the no-new-taxes [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 |
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of tax the county levies. |
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(d-1) The designated officer or employee shall submit the |
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worksheets used in calculating the no-new-taxes tax rate and the |
|
rollback tax rate to: |
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(1) the chief appraiser of each appraisal district in |
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which the taxing unit is located; and |
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(2) the chief financial officer or the auditor for the |
|
taxing unit. |
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(d-2) The designated officer or employee may not submit the |
|
no-new-taxes tax rate and the rollback tax rate to the governing |
|
body of the taxing unit and the governing body of the unit may not |
|
adopt a tax rate until: |
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(1) the chief appraiser of each appraisal district in |
|
which the taxing unit is located submits to the governing body of |
|
the unit a written certification that the values used in the |
|
calculations are the same as the values shown in the unit's |
|
appraisal roll; and |
|
(2) the chief financial officer or the auditor for the |
|
unit submits to the governing body of the unit a written |
|
certification that the rollback tax rate has been calculated |
|
correctly. |
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(d-3) The comptroller shall adopt rules governing the form |
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of the certifications required by Subsection (d-2) and the manner |
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in which they are required to be submitted. |
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(e) By July 22 [August 7] or as soon thereafter as |
|
practicable, the designated officer or employee shall submit the |
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rates to the governing body. By July 27, the designated officer or |
|
employee [He] shall deliver by mail to each property owner in the |
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unit or publish in a newspaper in the form prescribed by the |
|
comptroller: |
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(1) the no-new-taxes [effective] tax rate, the |
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rollback tax rate, and an explanation of how they were calculated; |
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(2) the estimated amount of interest and sinking fund |
|
balances and the estimated amount of maintenance and operation or |
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general fund balances remaining at the end of the current fiscal |
|
year that are not encumbered with or by corresponding existing debt |
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obligation; |
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(3) a schedule of the unit's debt obligations showing: |
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(A) the amount of principal and interest that |
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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 |
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principal of and interest on bonds and other evidences of |
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indebtedness issued on behalf of the unit by another political |
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subdivision and, if the unit is created under Section 52, Article |
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III, or Section 59, Article XVI, Texas Constitution, payments on |
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debts that the unit anticipates to incur in the next calendar year; |
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(B) the amount by which taxes imposed for debt |
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are to be increased because of the unit's anticipated collection |
|
rate; and |
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(C) the total of the amounts listed in Paragraphs |
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(A)-(B), less any amount collected in excess of the previous year's |
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anticipated collections certified as provided in Subsection (b); |
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(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 no-new-taxes [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 |
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the following elements: |
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(A) the name of the unit discontinuing the |
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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; |
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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 |
|
Subsections (d-1) and (d-2) and the notice requirements imposed by |
|
Subsections (e)(1)-(6) do not apply to a school district. |
|
(f) If as a result of consolidation of taxing units a taxing |
|
unit includes territory that was in two or more taxing units in the |
|
preceding year, the amount of taxes imposed in each in the preceding |
|
year is combined for purposes of calculating the no-new-taxes |
|
[effective] and rollback tax rates under this section. |
|
(h-1) Notwithstanding Subsection (h), the assessor may not |
|
certify an anticipated collection rate under Subsection (b) that is |
|
lower than the lowest actual collection rate in the preceding three |
|
years. |
|
(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 no-new-taxes [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 no-new-taxes |
|
[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 no-new-taxes [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 no-new-taxes [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 21. 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 no-new-taxes [effective] tax |
|
rate and rollback tax rate for the unit are calculated according to |
|
the following formulas: |
|
NO-NEW-TAXES [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY |
|
- LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
|
PROPERTY VALUE)] - SALES TAX GAIN RATE |
|
and |
|
ROLLBACK TAX RATE = (NO-NEW-TAXES [EFFECTIVE] |
|
MAINTENANCE AND OPERATIONS RATE x 1.05 [1.08]) + |
|
CURRENT DEBT RATE - SALES TAX GAIN RATE |
|
where "sales tax gain rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the revenue that will |
|
be generated by the additional sales and use tax in the following |
|
year as calculated under Subsection (d) [of this section] by the |
|
current total value. |
|
(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 formula, regardless of whether the unit |
|
levied a property tax in the preceding year: |
|
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
|
OPERATIONS EXPENSE x 1.05 [1.08]) / ([TOTAL] 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 no-new-taxes [effective] tax rate and rollback tax |
|
rate for the unit are calculated according to the following |
|
formulas: |
|
NO-NEW-TAXES [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY |
|
- LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
|
PROPERTY VALUE)] + SALES TAX LOSS RATE |
|
and |
|
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
|
OPERATIONS EXPENSE x 1.05 [1.08]) / ([TOTAL] CURRENT |
|
TOTAL VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE |
|
where "sales tax loss rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the amount of sales |
|
and use tax revenue generated in the last four quarters for which |
|
the information is available by the current total value and "last |
|
year's maintenance and operations expense" means the amount spent |
|
for maintenance and operations from property tax and additional |
|
sales and use tax revenues in the preceding year. |
|
(c-1) Notwithstanding any other provision of this section, |
|
the governing body may direct the designated officer or employee to |
|
substitute "1.08" for "1.05" in the calculation of the rollback tax |
|
rate if any part of the taxing 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. |
|
(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 no-new-taxes [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 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 no-new-taxes [effective] tax rate for the unit is |
|
the no-new-taxes [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 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 no-new-taxes [effective] tax rate for the unit is the |
|
no-new-taxes [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 22. The heading to Section 26.043, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.043. ROLLBACK AND NO-NEW-TAXES [EFFECTIVE] TAX |
|
RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. |
|
SECTION 23. 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 no-new-taxes [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 no-new-taxes [effective] or rollback |
|
tax rate refers to that rate as adjusted under this section. |
|
SECTION 24. The heading to Section 26.044, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.044. NO-NEW-TAXES [EFFECTIVE] TAX RATE TO PAY FOR |
|
STATE CRIMINAL JUSTICE MANDATE. |
|
SECTION 25. 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 no-new-taxes [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 no-new-taxes |
|
[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 |
|
no-new-taxes [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 26. 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 no-new-taxes [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 no-new-taxes [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 no-new-taxes [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 27. Section 26.05, Tax Code, is amended by amending |
|
Subsections (a), (b), (c), (d), and (g) and adding Subsection (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 no-new-taxes [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 no-new-taxes [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 no-new-taxes [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 no-new-taxes [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 no-new-taxes |
|
[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 NO-NEW-TAXES |
|
[EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
|
TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
|
APPROXIMATELY $(Insert amount)."; and |
|
(2) include on the home page of any Internet website |
|
operated by the unit: |
|
(A) the following statement: "(Insert name of |
|
unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE |
|
AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and |
|
(B) if the tax rate exceeds the no-new-taxes |
|
[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 NO-NEW-TAXES |
|
[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 |
|
no-new-taxes [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 no-new-taxes [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 no-new-taxes |
|
[effective] tax rate and may not adopt a higher rate unless it first |
|
complies with Section 26.06. |
|
(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 no-new-taxes [effective] tax rate |
|
and the rollback tax rate of the district shall be calculated based |
|
on the certified estimate of taxable value. |
|
SECTION 28. Section 26.052(e), Tax Code, is amended to read |
|
as follows: |
|
(e) Public notice provided under Subsection (c) must |
|
specify: |
|
(1) the tax rate that the governing body proposes to |
|
adopt; |
|
(2) the date, time, and location of the meeting of the |
|
governing body of the taxing unit at which the governing body will |
|
consider adopting the proposed tax rate; and |
|
(3) if the proposed tax rate for the taxing unit |
|
exceeds the unit's no-new-taxes [effective] tax rate calculated as |
|
provided by Section 26.04, a statement substantially identical to |
|
the following: "The proposed tax rate is a tax increase and would |
|
increase total taxes in (name of taxing unit) by (percentage by |
|
which the proposed tax rate exceeds the no-new-taxes [effective] |
|
tax rate)." |
|
SECTION 29. Section 26.06, Tax Code, is amended by amending |
|
Subsections (b), (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 no-new-taxes 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 |
|
"NO-NEW-TAXES RATE $__________per $100 |
|
"ROLLBACK TAX RATE $__________per $100 |
|
"The no-new-taxes 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 no-new-taxes 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 voters may |
|
accept or reject the proposed tax rate. If a majority of 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 no-new-taxes 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 |
|
"NO-NEW-TAXES RATE $__________per $100 |
|
"ROLLBACK TAX RATE $__________per $100 |
|
"The no-new-taxes 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 no-new-taxes 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 |
|
no-new-taxes 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 INCREASE |
|
"PROPOSED TAX RATE $__________per $100 |
|
"NO-NEW-TAXES RATE $__________per $100 |
|
"ROLLBACK TAX RATE $__________per $100 |
|
"The no-new-taxes 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 no-new-taxes |
|
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 voters may |
|
accept or reject the proposed tax rate. If a majority of 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. |
|
(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 |
|
no-new-taxes [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 no-new-taxes |
|
[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 no-new-taxes [effective] |
|
tax rate. |
|
SECTION 30. 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 NO-NEW-TAXES 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 no-new-taxes 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 |
|
"NO-NEW-TAXES RATE $__________per $100 |
|
"ROLLBACK TAX RATE $__________per $100 |
|
"The no-new-taxes 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 no-new-taxes |
|
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 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 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), or (b-3) 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 31. The heading to Section 26.08, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.08. ELECTION TO RATIFY TAX RATE [SCHOOL TAXES]. |
|
SECTION 32. Sections 26.08(a), (b), (d), (d-1), (d-2), (e), |
|
(g), (h), (n), and (p), Tax Code, are amended 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 |
|
requested federal disaster assistance for the area in which the |
|
taxing unit [school district] is located, 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 no-new-taxes 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 no-new-taxes [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 no-new-taxes |
|
[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 no-new-taxes [effective] maintenance and operations tax |
|
rate for that preceding tax year. |
|
SECTION 33. Section 26.08(i), Tax Code, as effective |
|
September 1, 2017, is amended to read as follows: |
|
(i) For purposes of this section, the no-new-taxes |
|
[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 34. 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 35. 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 no-new-taxes [effective] tax rate; |
|
(5) the no-new-taxes [effective] maintenance and |
|
operations rate; and |
|
(6) the rollback tax rate. |
|
(a-1) For purposes of Subsection (a), a reference to the |
|
no-new-taxes tax rate or the no-new-taxes 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 no-new-taxes [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 no-new-taxes [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 worksheets used by the designated officer or |
|
employee of each taxing unit to calculate the no-new-taxes and |
|
rollback tax rates of the unit for the most recent five tax years; |
|
and |
|
(2) the name and official contact information for each |
|
member of the governing body of the taxing unit. |
|
(d-2) The designated officer or employee shall submit to the |
|
county assessor-collector the worksheets used to calculate the |
|
no-new-taxes and rollback tax rates for the current tax year by July |
|
27. The county assessor-collector shall post the worksheets on the |
|
website not later than August 1. |
|
SECTION 36. Sections 31.12(a) and (b), Tax Code, 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, or 31.111 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 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; or |
|
(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. |
|
SECTION 37. 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 38. 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 39. Section 41.11(a), Tax Code, is amended to read |
|
as follows: |
|
(a) Not later than the date the appraisal review board |
|
approves the appraisal records as provided by Section 41.12, the |
|
secretary of the board shall deliver written notice to a property |
|
owner of any change in the records that is ordered by the board as |
|
provided by this subchapter and that will result in an increase in |
|
the tax liability of the property owner. An owner who receives a |
|
notice as provided by this section shall be entitled to protest such |
|
action as provided by Section 41.44(a)(2) [41.44(a)(3)]. |
|
SECTION 40. 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 41. Sections 41.44(a), (b-1), (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) before May 15 [1] or 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. |
|
(b-1) Notwithstanding Subsection (a)(1), an owner of a |
|
single-family residence that qualifies for an exemption under |
|
Section 11.13 [property described by that subsection] who files a |
|
notice of protest after the deadline prescribed by that subsection |
|
but before the appraisal review board approves the appraisal |
|
records is entitled to a hearing and determination of the protest if |
|
the property owner files the notice before June 1. |
|
(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 that section. 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 42. 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 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 included in the |
|
classification for which the panel was established and the property |
|
owner has requested that the panel conduct the hearing. The board |
|
may rehear a protest heard by a special panel if the board elects |
|
not to accept the recommendation of the panel. |
|
(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 43. 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 included in a classification described by that |
|
section to the special panel established to conduct protest |
|
hearings relating to property included in that classification. If |
|
the board has established more than one special panel to conduct |
|
protest hearings relating to property included in a particular |
|
classification, protests relating to property included in that |
|
classification shall be randomly assigned to those special 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 44. 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 45. Section 41A.01, Tax Code, is amended to read as |
|
follows: |
|
Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an |
|
alternative to filing an appeal under Section 42.01, a property |
|
owner is entitled to appeal through binding arbitration under this |
|
chapter an appraisal review board order determining a protest filed |
|
under Section 41.41(a)(1) or (2) concerning the appraised or market |
|
value of property if: |
|
(1) the property qualifies as the owner's residence |
|
homestead under Section 11.13; or |
|
(2) the appraised or market value, as applicable, of |
|
the property as determined by the order is $5 [$3] million or less. |
|
SECTION 46. Section 41A.03(a), Tax Code, is amended to read |
|
as follows: |
|
(a) To appeal an appraisal review board order under this |
|
chapter, a property owner must file with the appraisal district not |
|
later than the 45th day after the date the property owner receives |
|
notice of the order: |
|
(1) a completed request for binding arbitration under |
|
this chapter in the form prescribed by Section 41A.04; and |
|
(2) an arbitration deposit made payable to the |
|
comptroller in the amount of: |
|
(A) $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 $500,000 or less, |
|
as determined by the order; |
|
(B) $500, 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) $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 $1 million or |
|
less, as determined by the order; |
|
(D) $800, 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; |
|
[or] |
|
(E) $1,050, 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) $1,250, 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 47. Section 41A.06(b), Tax Code, 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 [salesperson] 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) 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; |
|
[or] |
|
(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) $1,200, 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 48. 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 no-new-taxes [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 49. 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 50. 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 51. 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 52. 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 no-new-taxes [effective] tax rate; |
|
(C) the no-new-taxes [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 53. 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 no-new-taxes [effective] tax rate; |
|
(C) the no-new-taxes [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 54. 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 no-new-taxes [effective] tax rate; |
|
(C) the no-new-taxes [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 55. 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 no-new-taxes [effective] tax rate; |
|
(C) the no-new-taxes [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 56. 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 57. 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 58. 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 59. 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 60. Section 49.236, Water Code, as added by Chapter |
|
335 (S.B. 392), Acts of the 78th Legislature, Regular Session, |
|
2003, is amended by amending Subsections (a) and (d) and adding |
|
Subsections (e), (f), (g), (h), (i), (j), and (k) 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 or |
|
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. |
|
"(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 requires or |
|
authorizes an election in the district to ratify the tax rate, a |
|
description of the purpose of the proposed tax increase; and |
|
(3) contain a statement in substantially the following |
|
form, as applicable: |
|
(A) if there are not any new improvements |
|
included in the appraisal roll for the district for the current tax |
|
year: |
|
"NOTICE OF VOTE ON TAX RATE [TAXPAYERS' RIGHT TO ROLLBACK ELECTION] |
|
"If taxes on the average residence homestead increase by more |
|
than four [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."; |
|
or |
|
(B) if there are any new improvements included in |
|
the appraisal roll for the district for the current tax year: |
|
"NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION |
|
"If taxes on the average residence homestead increase by more |
|
than four percent, the qualified voters of the district by petition |
|
may require that an election be held to determine whether to ratify |
|
the tax rate under Section 49.236(e), Water Code." |
|
(d) This subsection applies to a district only if there are |
|
not any new improvements included in the appraisal roll for the |
|
district for the current tax year. If the board [governing body] of |
|
the [a] district adopts a combined debt service, operation and |
|
maintenance, and contract tax rate that would impose more than 1.05 |
|
[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-2) |
|
[26.07(b)-(g) and 26.081], Tax Code. |
|
(e) This subsection and Subsections (f)-(i) apply to a |
|
district only if there are any new improvements included in the |
|
appraisal roll for the district for the current tax year. If the |
|
board of the district adopts a combined debt service, operation and |
|
maintenance, and contract tax rate that would impose more than 1.05 |
|
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 be held to |
|
determine whether to ratify the tax rate adopted for the current |
|
year in accordance with the procedures provided by Subsections |
|
(f)-(i) of this section and Section 26.081, Tax Code. |
|
(f) A petition is valid only if: |
|
(1) it states that it is intended to require an |
|
election in the district on the question of ratifying the tax rate |
|
adopted for the current year; |
|
(2) it is signed by a number of registered voters of |
|
the district equal to at least: |
|
(A) seven percent of the number of registered |
|
voters of the district according to the most recent official list of |
|
registered voters if the tax rate adopted for the current tax year |
|
would impose taxes for operation and maintenance in an amount of at |
|
least $5 million; or |
|
(B) 10 percent of the number of registered voters |
|
of the district according to the most recent official list of |
|
registered voters if the tax rate adopted for the current tax year |
|
would impose taxes for operation and maintenance in an amount of |
|
less than $5 million; and |
|
(3) it is submitted to the board on or before the 90th |
|
day after the date on which the board adopted the tax rate for the |
|
current year. |
|
(g) Not later than the 20th day after the day a petition is |
|
submitted, the board shall determine whether or not the petition is |
|
valid and pass a resolution stating its finding. If the board fails |
|
to act within the time allowed, the petition is treated as if it had |
|
been found valid. |
|
(h) If the board finds that the petition is valid (or fails |
|
to act within the time allowed), it shall order that an election be |
|
held in the district on a date not less than 30 or more than 90 days |
|
after the last day on which it could have acted to approve or |
|
disapprove the petition. A state law requiring local elections to |
|
be held on a specified date does not apply to the election unless a |
|
specified date 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 district) for the current year, |
|
a rate that is $____ higher per $100 valuation than the district's |
|
rollback tax rate, 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. |
|
(i) Sections 26.08(c), (d), (d-1), and (d-2), Tax Code, |
|
apply to an election under Subsection (e) of this section in the |
|
same manner as those subsections apply to an election under Section |
|
26.08, Tax Code. |
|
(j) For purposes of an election under Subsection (d) or (e), |
|
as applicable [Sections 26.07(b)-(g) and this subsection], the |
|
rollback tax rate of a district 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 1.05 [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. |
|
(k) Notwithstanding any other provision of this section, |
|
the board may substitute "eight percent" for "four percent" in |
|
Subsection (a) and "1.08" for "1.05" in Subsection (d) or (e), as |
|
applicable, and Subsection (j) if any part of the district 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. |
|
SECTION 61. 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; and |
|
(6) Section 49.2361, Water Code. |
|
SECTION 62. The changes in law made by this Act relating to |
|
the ad valorem tax rate of a taxing unit apply beginning with the |
|
2018 tax year. |
|
SECTION 63. 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 64. Section 6.03(a), Tax Code, as amended by this |
|
Act, does not affect the right of a person serving on the board of |
|
directors of an appraisal district on January 1, 2018, to complete |
|
the person's term on the board. |
|
SECTION 65. Section 6.41(d-9), Tax Code, as amended by this |
|
Act, and Section 6.41(d-10), Tax Code, as added by this Act, apply |
|
only to the appointment of appraisal review board members to terms |
|
beginning on or after January 1, 2019. |
|
SECTION 66. 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 67. Section 25.19(b-3), Tax Code, as added by this |
|
Act, applies only to a notice of appraised value for a tax year |
|
beginning on or after January 1, 2019. A notice of appraised value |
|
for a tax year beginning before January 1, 2019, is governed by the |
|
law in effect immediately before that date, and that law is |
|
continued in effect for that purpose. |
|
SECTION 68. Not later than October 1, 2017: |
|
(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 69. 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 70. Sections 41.45 and 41.66, Tax Code, as amended |
|
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 71. 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 72. Sections 41A.01, 41A.03, and 41A.06, Tax Code, |
|
as amended by this Act, apply 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 73. (a) Except as provided by Subsections (b) and |
|
(c) of this section, this Act takes effect January 1, 2018. |
|
(b) Section 68 of this Act takes effect September 1, 2017. |
|
(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 25.19(b-3), Tax Code, as added by this |
|
Act; |
|
(6) Section 41.44(d), Tax Code, as amended by this |
|
Act; |
|
(7) Section 41.45(d), Tax Code, as amended by this |
|
Act; |
|
(8) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, |
|
as added by this Act; |
|
(9) Section 41.66(k), Tax Code, as amended by this |
|
Act; and |
|
(10) Section 41.66(k-1), Tax Code, as added by this |
|
Act. |
|
|
|
* * * * * |