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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. Section 5.07, Tax Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) The comptroller shall prescribe the form of the |
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worksheets to be used by the designated officer or employee of each |
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taxing unit in calculating the no-new-taxes rate and rollback tax |
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rate for the unit as required by Chapter 26. The form must be in an |
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electronic format and be capable of: |
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(1) being completed electronically; |
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(2) performing calculations automatically based on |
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the data entered by the designated officer or employee; |
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(3) being certified by the designated officer or |
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employee after completion; and |
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(4) being submitted electronically to the comptroller |
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on completion and certification. |
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SECTION 2. Section 5.091, Tax Code, is amended to read as |
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follows: |
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Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the |
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comptroller shall prepare a list that includes the total tax rate |
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imposed by each taxing unit in this state[, other than a school
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district, if the tax rate is reported to the comptroller,] for the |
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year [preceding the year] in which the list is prepared. The |
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comptroller shall list the tax rates alphabetically according to: |
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(1) the county or counties in which each taxing unit is |
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located; and |
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(2) the name of each taxing unit [in descending
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order]. |
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(b) Not later than January 1 [December 31] of the following |
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[each] year, the comptroller shall publish on the comptroller's |
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Internet website the list required by Subsection (a). |
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SECTION 3. Chapter 5, Tax Code, is amended by adding Section |
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5.092 to read as follows: |
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Sec. 5.092. STATEWIDE DATABASE OF OTHER |
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PROPERTY-TAX-RELATED INFORMATION. (a) The comptroller shall |
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create and maintain a property tax database that: |
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(1) contains information that is provided by |
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designated officers or employees of taxing units in the manner |
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required by the comptroller; |
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(2) is continuously updated as preliminary and revised |
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data become available to and are provided by the designated |
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officers or employees of taxing units; |
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(3) is accessible to the public; and |
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(4) is searchable by property address. |
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(b) The database must include, with respect to each property |
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listed on an appraisal roll: |
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(1) the property's identification number; |
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(2) the property's market value; |
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(3) the property's taxable value; |
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(4) the name of each taxing unit in which the property |
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is located; |
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(5) for each taxing unit other than a school district |
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in which the property is located: |
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(A) the no-new-taxes rate; and |
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(B) the rollback tax rate; |
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(6) for each school district in which the property is |
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located: |
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(A) the rate to maintain the same amount of state |
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and local revenue per weighted student that the district received |
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in the school year beginning in the preceding tax year; and |
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(B) the rollback tax rate; |
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(7) the tax rate proposed by the governing body of each |
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taxing unit in which the property is located; |
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(8) for each taxing unit other than a school district |
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in which the property is located, the taxes that would be imposed on |
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the property if the unit adopted a tax rate equal to: |
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(A) the no-new-taxes rate; and |
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(B) the proposed tax rate; |
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(9) for each school district in which the property is |
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located, the taxes that would be imposed on the property if the unit |
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adopted a tax rate equal to: |
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(A) the rate to maintain the same amount of state |
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and local revenue per weighted student that the district received |
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in the school year beginning in the preceding tax year; and |
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(B) the proposed tax rate; |
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(10) for each taxing unit other than a school district |
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in which the property is located, the difference between the amount |
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calculated under Subdivision (8)(A) and the amount calculated under |
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Subdivision (8)(B); |
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(11) for each school district in which the property is |
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located, the difference between the amount calculated under |
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Subdivision (9)(A) and the amount calculated under Subdivision |
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(9)(B); |
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(12) the date and location of each public hearing, if |
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applicable, on the proposed tax rate to be held by the governing |
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body of each taxing unit in which the property is located; and |
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(13) the date and location of the public meeting in |
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which the tax rate will be adopted to be held by the governing body |
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of each taxing unit in which the property is located. |
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(c) The database must provide a link to the information |
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posted under Section 26.17 on the Internet website of each taxing |
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unit in which the property is located. |
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(d) The officer or employee designated by the governing body |
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of each taxing unit to calculate the no-new-taxes rate and the |
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rollback tax rate for the unit must electronically submit to the |
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comptroller: |
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(1) the information described by Subsection (b) as the |
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information becomes available; and |
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(2) the worksheets prepared under Section 26.04(d-1) |
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at the same time the officer or employee submits the tax rates to |
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the governing body of the unit under Section 26.04(e). |
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(e) The comptroller shall deliver by e-mail to the |
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designated officer or employee confirmation of receipt of the |
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worksheets submitted under Subsection (d)(2). The comptroller |
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shall incorporate the worksheets into the database and make them |
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available to the public not later than the third day after the date |
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the comptroller receives them. |
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SECTION 4. Sections 25.19(b) and (i), Tax Code, are amended |
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to read as follows: |
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(b) The chief appraiser shall separate real from personal |
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property and include in the notice for each: |
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(1) a list of the taxing units in which the property is |
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taxable; |
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(2) the appraised value of the property in the |
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preceding year; |
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(3) the taxable value of the property in the preceding |
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year for each taxing unit taxing the property; |
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(4) the appraised value of the property for the |
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current year, the kind and amount of each exemption and partial |
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exemption, if any, approved for the property for the current year |
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and for the preceding year, and, if an exemption or partial |
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exemption that was approved for the preceding year was canceled or |
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reduced for the current year, the amount of the exemption or partial |
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exemption canceled or reduced; |
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(5) [if the appraised value is greater than it was in
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the preceding year, the amount of tax that would be imposed on the
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property on the basis of the tax rate for the preceding year;
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[(6)] in italic typeface, the following statement: |
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"The Texas Legislature does not set the amount of your local taxes. |
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Your property tax burden is decided by your locally elected |
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officials, and all inquiries concerning your taxes should be |
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directed to those officials"; |
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(6) [(7)] a detailed explanation of the time and |
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procedure for protesting the value; |
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(7) [(8)] the date and place the appraisal review |
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board will begin hearing protests; and |
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(8) [(9)] a brief explanation that the governing body |
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of each taxing unit decides whether or not taxes on the property |
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will increase and the appraisal district only determines the value |
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of the property. |
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(i) Delivery with a notice required by Subsection (a) or (g) |
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of a copy of the pamphlet published by the comptroller under Section |
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5.06 or a copy of the notice published by the chief appraiser under |
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Section 41.70 is sufficient to comply with the requirement that the |
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notice include the information specified by Subsection (b)(6) |
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[(b)(7)] or (g)(3), as applicable. |
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SECTION 5. Section 26.012(7), Tax Code, is amended to read |
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as follows: |
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(7) "Debt" means a bond, warrant, certificate of |
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obligation, or other evidence of indebtedness owed by a taxing unit |
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that has been approved at an election and is payable solely from |
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property taxes in installments over a period of more than one year, |
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not budgeted for payment from maintenance and operations funds, and |
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secured by a pledge of property taxes, or a payment made under |
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contract to secure indebtedness of a similar nature issued by |
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another political subdivision on behalf of the taxing unit. |
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SECTION 6. Chapter 26, Tax Code, is amended by adding |
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Section 26.031 to read as follows: |
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Sec. 26.031. EFFECTIVE AND ROLLBACK TAX RATES OF A TAXING |
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UNIT OTHER THAN A SCHOOL DISTRICT. |
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(a) An officer or employee designated by the governing body |
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of a taxing unit other than a school district shall calculate the |
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no-new-taxes rate and the rollback tax rate for the unit using the |
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electronic, fillable form or forms promulgated by the comptroller |
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under Section 5.07. |
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(b) The no-new-taxes rate of a taxing unit other than a |
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school district is determined by the following formula: |
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(Prior year) Tax levy, adjusted for lost value |
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divided by (Current year) Taxable value, adjusted for |
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new value |
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equals (Current year) No-new-taxes rate |
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(c) The rollback tax rate of a taxing unit other than a |
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school district is determined by the following formula: |
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(Current year) No-new-taxes maintenance & operations |
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rate |
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plus 4% of (Current year) No-new-taxes maintenance & |
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operations rate |
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plus Current year debt rate |
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plus Adjustment for criminal justice mandate |
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plus Adjustment for indigent health care |
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minus Adjustment for additional sales tax |
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equals (Current year) Rollback tax rate |
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(d) The no-new-taxes rate for a county is the sum of the |
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no-new-taxes rates calculated for each type of tax the county |
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levies and the rollback tax rate for a county is the sum of the |
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rollback tax rates calculated for each type of tax the county |
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levies. |
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(e) If as a result of consolidation of taxing units a taxing |
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unit includes territory that was in two or more taxing units in the |
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preceding year, the amount of taxes imposed in each in the preceding |
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year is combined for purposes of calculating the no-new-taxes rate |
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and rollback tax rate under this section. |
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(f) Notwithstanding Section 26.012, in this section: |
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(1) "Actual collection rate" means the total amount of |
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taxes levied in a tax year, divided by the total amount of tax |
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revenue, including delinquent taxes, penalty and interest, |
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collected between July 1 of the tax year and June 30 of the |
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following tax year, expressed as a percentage. If the actual |
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collection rate exceeds 100%, the rate shall not be reduced to 100%. |
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(2) "Adjustment for additional sales tax" is the |
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amount determined under Section 26.041, divided by the current year |
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total taxable value for rollback calculation. |
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(3) "Adjustment for criminal justice mandate " is the |
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amount determined under Section 26.044. |
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(4) "Adjustment for indigent health care" is the |
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amount determined under Section 26.0441. |
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(5) "Average collection rate" means the average of the |
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actual collection rate for all taxes levied by the taxing unit for |
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the three years immediately preceding the current year. |
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(6) "Current year total taxable value" means the sum |
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of: |
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(A) the total taxable value of property listed on |
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the certified appraisal roll for the current year, including all |
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appraisal roll supplements and corrections, as of the date of the |
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calculation. Appraisal roll corrections include any adjustments to |
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taxable value resulting from final court decisions regardless of |
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whether the appraisal roll has been corrected under Section 42.41 |
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as of the date of calculation; |
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(B) the taxable value of properties under protest |
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that are included on the list prepared by the chief appraiser under |
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Section 26.01(c). For purposes of this subdivision, taxable value |
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means the taxable value as determined by the appraisal district and |
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does not mean a lower value claimed by the property owner or |
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estimated by the chief appraiser; |
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(C) the taxable value of properties known to the |
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chief appraiser that are included on the list prepared by the chief |
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appraiser under Section 26.01(d). For purposes of this |
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subdivision, taxable value means the taxable value as determined by |
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the appraisal district and does not mean a lower value claimed by |
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the property owner or estimated by the chief appraiser; and |
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(D) for counties, the value of rolling stock |
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certified to the county tax assessor-collector by the comptroller |
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under Section 24.38. |
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(7) "Current year taxable value of homesteads subject |
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to tax limitation" means the taxable value of homesteads that |
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qualified for a tax limitation as provided by Section 11.261 for the |
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current year. |
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(8) "Current year taxable value of new improvements" |
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means the sum of: |
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(A) the taxable value of new improvements to real |
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property that were not on the appraisal roll for the prior year; |
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(B) the taxable value of real property that is |
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taxable in the current year but was not taxable in whole or in part |
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in the prior year because the real property was subject to a tax |
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abatement agreement, less the value of the real property that was |
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taxable in the prior year. |
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(9) "Current year taxable value of property annexed" |
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means the taxable value of real property and personal property |
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located in territory annexed to the taxing unit after January 1 of |
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the prior year. |
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(10) "Current year debt rate" of a taxing unit other |
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than a school district is determined by the following formula: |
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(Current year) Debt service |
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plus Excess collections |
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equals (Current year) Adjusted debt |
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multiplied by (Current year) Average collection |
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rate |
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equals (Current year) Debt adjusted for |
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collection rate |
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divided by Current year total taxable value for |
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rollback calculation |
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Equals (Current year) Debt tax rate |
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(11) "Current year total taxable value for rollback |
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calculation" means current year total taxable value, minus current |
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year taxable value of homesteads subject to tax limitation. |
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(12) "No-new-taxes maintenance & operations rate" of a |
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taxing unit other than a school district is determined by the |
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following formula: |
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(Prior year) Maintenance & operations tax rate |
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divided by (Prior year) Adopted tax rate |
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equals Percentage of (prior year) tax levy |
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attributable to maintenance & operations |
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multiplied by No-new-taxes rate for current year |
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equals No-new-taxes maintenance & operations rate |
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for current year |
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(13) "Prior year total taxable value" means the total |
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taxable value of property listed on the certified appraisal roll |
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for the prior year, including all appraisal roll supplements and |
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corrections, as of the date of the calculation. Appraisal roll |
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corrections include any adjustments to taxable value resulting from |
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final court decisions regardless of whether the appraisal roll has |
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been corrected under Section 42.41 as of the date of calculation. |
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(14) "Prior year taxable value in excess of new |
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special appraisal" means, for real property that has qualified for |
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special appraisal under Chapter 23 for the first time in the current |
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year, the taxable value of the property in the prior year minus the |
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taxable value of the property under Chapter 23 in the current year. |
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(15) "Prior year taxable value of homesteads subject |
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to tax limitation" means the taxable value of homesteads that |
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qualified for a tax limitation as provided by Section 11.261 for the |
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prior year. |
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(16) "Prior year taxable value of newly-exempt real |
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property" means the sum of: |
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(A) for real property that is wholly exempt for |
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the first time in the current year, the taxable value of the real |
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property for the prior year; and |
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(B) for real property that is partially exempt in |
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the current year, the amount of the property's value exempt in the |
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current year minus the amount of the property's value exempt in the |
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prior year. |
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(17) "Prior year taxable value of property de-annexed" |
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means the taxable value of property that was taxable in the prior |
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year but is not taxable in the current year because the property is |
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located in territory that ceased to be a part of the taxing unit |
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after January 1 of the prior year. |
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(18) "Tax levy, adjusted for lost value" of a taxing |
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unit other than a school district is determined by the following |
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formula: |
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Prior year total taxable value |
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minus Prior year taxable value of homesteads |
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subject to tax limitation |
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minus Prior year total taxable value of property |
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de-annexed |
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minus Prior year total taxable value of |
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newly-exempt property |
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minus Prior year total taxable value in excess of |
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new special appraisal |
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equals Prior year total taxable value, adjusted |
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for lost value |
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divided by 100 |
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multiplied by (Prior year) Tax rate |
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equals (Prior year) Tax levy, adjusted for lost |
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value |
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(19) "Taxable value, adjusted for new value" of a |
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taxing unit other than a school district is determined by the |
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following formula: |
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Current year total taxable value |
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minus Current year taxable value of homesteads |
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subject to tax limitation |
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minus Current year taxable value of property |
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annexed |
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minus Current year taxable value of new |
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improvements |
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equals (Current year) Taxable value, adjusted for |
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new value |
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SECTION 7. 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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EFFECTIVE AND ROLLBACK TAX RATES OF A SCHOOL DISTRICT. |
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SECTION 8. Section 26.04, Tax Code, is amended by amending |
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Subsections (c), (f) and (g) and by adding Subsections (d-1), |
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(d-2), (d-3), (d-4) and (e-2) to read as follows: |
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(c) An officer or employee designated by the governing body |
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of a school district shall calculate the effective tax rate and the |
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rollback tax rate for the unit, where: |
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(1) "Effective 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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EFFECTIVE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY) / |
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(CURRENT TOTAL VALUE - NEW 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 = (EFFECTIVE MAINTENANCE AND OPERATIONS RATE x |
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1.08) + CURRENT DEBT RATE |
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(d-1) The designated officer or employee shall use the |
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worksheet forms prescribed by the comptroller under Section 5.07(f) |
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in calculating the no-new-taxes rate and the rollback tax rate. |
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(d-2) The designated officer or employee shall submit the |
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worksheets to: |
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(1) the chief appraiser of the 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 |
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taxing unit. |
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(d-3) The designated officer or employee may not submit the |
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no-new-taxes rate and the rollback tax rate to the governing body of |
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the taxing unit and the governing body of the unit may not adopt a |
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tax rate until: |
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(1) the chief appraiser 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 |
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appraisal roll; and |
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(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 |
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correctly. |
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(d-4) The comptroller shall adopt rules governing the form |
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of the certifications required by Subsection (d-3) and the manner |
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in which they are required to be submitted. |
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(e-2) By August 7 or as soon thereafter as practicable, the |
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assessor of each county shall deliver by regular mail or e-mail to |
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each owner of property in the county, and shall post in a |
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conspicuous place on the home page of the Internet website of the |
|
assessor, a notice that the estimated amount of taxes to be imposed |
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on the owner's property by each taxing unit in which the property is |
|
located may be found in the property tax database maintained by the |
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comptroller under Section 5.092. The notice must include: |
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(1) the address of the Internet website at which the |
|
information may be found; |
|
(2) a statement that the property owner may request a |
|
written copy of the information from the assessor for each taxing |
|
unit in which the property is located; and |
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(3) the address and telephone number of each assessor |
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from whom the written copy may be requested. |
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(f) If as a result of consolidation of school districts |
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[taxing units] a school district [taxing unit] includes territory |
|
that was in two or more school districts [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 rate |
|
[effective] and rollback tax rate [rates] under this section. |
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(g) A person who owns taxable property is entitled to an |
|
injunction prohibiting the taxing unit in which the property is |
|
taxable from adopting a tax rate if the assessor or designated |
|
officer or employee of the unit, as applicable, has not complied |
|
with the computation or publication requirements of this section or |
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Section 5.092(d) [and the failure to comply was not in good faith]. |
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SECTION 9. The heading to Section 26.041, Tax Code, is |
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amended to read as follows: |
|
Sec. 26.041. CALCULATION OF [TAX RATE OF UNIT IMPOSING] |
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ADDITIONAL SALES AND USE TAX REVENUE. |
|
SECTION 10. Sections 26.041(d), (f), (g), (h), (i) and(j), |
|
Tax Code, are amended to read as follows: |
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(a) [(d)] The amount of additional sales and use tax revenue |
|
for the current tax year for purposes of the calculation under |
|
Section 26.031(c) is [In order to determine the amount of
|
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additional sales and use tax revenue for purposes of this section,
|
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the designated officer or employee shall use] the sales and use tax |
|
revenue for the last preceding four quarters for which the |
|
information is available [as the basis for projecting the
|
|
additional sales and use tax revenue for the current tax year]. If |
|
the rate of the additional sales and use tax is increased or |
|
reduced, the projection to be used for the first tax year after the |
|
effective date of the sales and use tax change shall be adjusted to |
|
exclude any revenue gained or lost because of the sales and use tax |
|
rate change. If the unit did not impose an additional sales and use |
|
tax for the last preceding four quarters, the designated officer or |
|
employee shall request the comptroller of public accounts to |
|
provide to the officer or employee a report showing the estimated |
|
amount of taxable sales and uses within the unit for the previous |
|
four quarters as compiled by the comptroller, and the comptroller |
|
shall comply with the request. The officer or employee shall |
|
prepare the estimate of the additional sales and use tax revenue for |
|
the first year of the imposition of the tax by multiplying the |
|
amount reported by the comptroller by the appropriate additional |
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sales and use tax rate and by multiplying that product by .95. |
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(b) [(f)] An estimate made by the comptroller under |
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Subsection (a) [(d)] of this section need not be adjusted to take |
|
into account any projection of additional revenue attributable to |
|
increases in the total value of items taxable under the state sales |
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and use tax because of amendments of Chapter 151, Tax Code. |
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(c) [(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 (a) [(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 amount of additional sales and use tax revenue |
|
calculated under this section shall include [effective tax rate for
|
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the unit is the effective tax rate before the increase minus a
|
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number the numerator of which is] the revenue projected to be |
|
generated as a result of the increase in the additional sales and |
|
use tax rate [tax, as determined under this subsection, and the
|
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denominator of which is the current total value minus the new
|
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property value]. |
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(d) [(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 (a) [(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 amount of additional sales and use tax revenue calculated under |
|
this section shall not include [the effective tax rate for the unit
|
|
is the effective tax rate before the decrease plus a number the
|
|
numerator of which is] the revenue projected to be lost as a result |
|
of the decrease in the additional sales and use tax rate [tax, as
|
|
determined under this subsection, and the denominator of which is
|
|
the current total value minus the new property value]. |
|
(f) [(i)] Any amount derived from the sales and use tax that |
|
is or will be distributed by a county to the recipient of an |
|
economic development grant made under Chapter 381, Local Government |
|
Code, is not considered to be sales and use tax revenue for purposes |
|
of this section. |
|
(g)[(j)] Any amount derived from the sales and use tax |
|
that is retained by the comptroller under Section 4 or 5, Chapter |
|
1507, Acts of the 76th Legislature, Regular Session, 1999 (Article |
|
5190.14, Vernon's Texas Civil Statutes), is not considered to be |
|
sales and use tax revenue for purposes of this section. |
|
SECTION 11. The heading to Section 26.044, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.044. ROLLBACK [EFFECTIVE] TAX RATE TO PAY FOR STATE |
|
CRIMINAL JUSTICE MANDATE. |
|
SECTION 12. Sections 26.044(a)-(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 adjustment for criminal justice mandate |
|
under Section 26.031(c) is the state criminal justice mandate, |
|
divided by the current year total taxable value for rollback |
|
calculation. [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 adjustment |
|
for criminal justice mandate under Section 26.031(c) is the current |
|
year's state criminal justice mandate minus the prior year's state |
|
criminal justice mandate, divided by the current year total taxable |
|
value for rollback calculation. [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 |
|
rollback tax [effective maintenance and operation] rate as a result |
|
of the adjustment for criminal justice mandate [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 13. The heading to Section 26.0441, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.0441. ROLLBACK [TAX] RATE ADJUSTMENT FOR INDIGENT |
|
HEALTH CARE. |
|
SECTION 14. Sections 26.0441(a)-(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 adjustment for indigent health care under Section 26.031(c) is |
|
enhanced indigent health care expenditures, divided by the current |
|
year total taxable value for rollback calculation. [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 adjustment for indigent health |
|
care under Section 26.031(c) is the current year's enhanced |
|
indigent health care expenditures minus the prior year's enhanced |
|
indigent health care expenditures, divided by the current year |
|
total taxable value for rollback calculation. [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 rollback tax [effective maintenance and operations] rate as |
|
a result of the adjustment for indigent health care [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 15. Section 26.05, Tax Code, is amended by adding |
|
subsections (a-1), (d-1), (d-2) and (e-1) to read as follows: |
|
(a-1) If the amount of additional sales and use tax revenue |
|
for a taxing unit calculated under Section 26.041 exceeds the |
|
amount published under Section 26.04(e)(3)(C), then for purposes of |
|
determining the rate under subsection (a)(2), the amount needed to |
|
fund maintenance and operation expenditures shall be reduced by the |
|
amount by which additional sales and use tax revenue calculated |
|
under Section 26.041 exceeds the amount published under Section |
|
26.04(e)(3)(C). |
|
(d-1) The governing body of a taxing unit may not hold a |
|
public hearing on a proposed tax rate or a public meeting to adopt a |
|
tax rate until the 14th day after the date the officer or employee |
|
designated by the governing body of the unit to calculate the |
|
no-new-taxes rate and the rollback tax rate for the unit |
|
electronically submits to the comptroller the information |
|
described by Section 5.092(d). |
|
(d-2) Notwithstanding Subsection (a), the governing body of |
|
a taxing unit other than a school district may not adopt a tax rate |
|
until: |
|
(1) the comptroller has included the information for |
|
the current tax year specified by Section 5.092 in the |
|
comptroller's property tax database; and |
|
(2) the chief appraiser of the appraisal district in |
|
which the taxing unit participates has delivered the notice |
|
required by Section 26.04(e-2). |
|
(e-1) The governing body of a taxing unit that imposes an |
|
additional sales and use tax may not adopt a tax rate 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 and that any additional sales and use tax revenue in |
|
excess of the total amount published under Section 26.04(e)(3)(C) |
|
has been deducted from the amount needed to fund maintenance and |
|
operation expenditures 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. |
|
SECTION 16. Section 26.065(b), Tax Code, is amended to read |
|
as follows: |
|
(b) The taxing [If the taxing unit owns, operates, or
|
|
controls an Internet website, the] unit shall post notice of the |
|
public hearing on the Internet website owned, operated, or |
|
controlled by the unit continuously for at least seven days |
|
immediately before the public hearing on the proposed tax rate |
|
increase and at least seven days immediately before the date of the |
|
vote proposing the increase in the tax rate. |
|
SECTION 17. Chapter 26, Tax Code, is amended by adding |
|
Section 26.17 to read as follows: |
|
Sec. 26.17. POSTING OF TAX RATE AND BUDGET INFORMATION ON |
|
TAXING UNIT'S WEBSITE. Each taxing unit shall maintain an Internet |
|
website. In addition to posting any other information required by |
|
this title, each taxing unit shall post on the Internet website |
|
maintained by the taxing unit the following information in a format |
|
prescribed by the comptroller: |
|
(1) the name of and official contact information for |
|
each member of the governing body of the taxing unit; |
|
(2) the mailing address, e-mail address, and telephone |
|
number of the taxing unit; |
|
(3) the taxing unit's budget for the preceding two |
|
years; |
|
(4) the taxing unit's proposed or adopted budget for |
|
the current year; |
|
(5) the change in the amount of the taxing unit's |
|
budget from the preceding year to the current year, by dollar amount |
|
and percentage; |
|
(6) in the case of a taxing unit other than a school |
|
district, the amount of property tax revenue budgeted for |
|
maintenance and operations for: |
|
(A) the preceding two years; and |
|
(B) the current year; |
|
(7) in the case of a taxing unit other than a school |
|
district, the amount of property tax revenue budgeted for debt |
|
service for: |
|
(A) the preceding two years; and |
|
(B) the current year; |
|
(8) the tax rate for maintenance and operations |
|
adopted by the taxing unit for the preceding two years; |
|
(9) the tax rate for debt service adopted by the taxing |
|
unit for the preceding two years; |
|
(10) the tax rate for maintenance and operations |
|
proposed by the taxing unit for the current year; |
|
(11) the tax rate for debt service proposed by the |
|
taxing unit for the current year; and |
|
(12) the most recent financial audit of the taxing |
|
unit. |
|
SECTION 18. (a) Not later than September 1, 2019 [January
|
|
1, 2018], the comptroller shall appoint the members of an advisory |
|
group to provide to the comptroller advice and assistance regarding |
|
the creation and operation of the property tax database required by |
|
Section 5.092, Tax Code, as added by this Act, and related matters. |
|
The advisory group is composed of 13 members as follows: |
|
(1) one person who is an employee of the office of the |
|
lieutenant governor; |
|
(2) one person who is an employee of the office of the |
|
speaker of the house of representatives; |
|
(3) four persons who are county tax |
|
assessor-collectors; |
|
(4) two persons who are assessors or collectors for |
|
taxing units but are not county tax assessor-collectors; |
|
(5) two persons who are chief appraisers of appraisal |
|
districts; |
|
(6) one person who is a financial officer or auditor of |
|
a municipality; |
|
(7) one person who is a financial officer or auditor of |
|
a county; and |
|
(8) one person who is a representative of water |
|
districts. |
|
(b) The advisory group is abolished and this section expires |
|
December 31, 2021. |
|
SECTION 19. The comptroller shall comply with Sections |
|
5.07(f) and 5.092, Tax Code, as added by this Act, not later than |
|
June 1, 2020. |
|
SECTION 20. The following provisions are repealed: |
|
(1) Section 26.03, Tax Code; |
|
(2) Section 26.04(d), Tax Code; |
|
(3) Sections 26.041(a), (b), (c) and (e), Tax Code; |
|
(4) Section 26.045, Tax Code; |
|
SECTION 21. (a) Except as provided by Subsections (b), (c) |
|
and (d) of this section, this Act takes effect January 1, 2018. |
|
(b) The following provisions take effect September 1, 2017: |
|
(1) Section 5.091, Tax Code, as amended by this Act; |
|
(2) Section 26.17, Tax Code, as added by this Act; |
|
(3) Section 18 of this Act; and |
|
(4) Section 26.065(b), Tax Code, as amended by this |
|
Act. |
|
(c) The following provisions take effect September 1, 2019: |
|
(1) Section 5.07(f), Tax Code, as added by this Act; |
|
and |
|
(2) Section 5.092, Tax Code, as added by this Act. |
|
(d) The following provisions take effect January 1, 2020: |
|
(1) Sections 25.19(b) and (i), Tax Code, as amended by |
|
this Act; |
|
(2) Sections 26.04(d-1) and (e-2), Tax Code, as added |
|
by this Act; |
|
(3) Section 26.04(g), Tax Code, as amended by this |
|
Act; and |
|
(4) Sections 26.05(d-1) and (d-2), Tax Code, as added |
|
by this Act. |