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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of the ad valorem tax system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. The advisory |
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board may make recommendations to the comptroller regarding |
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improving the effectiveness and efficiency of the property tax |
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system, best practices, and complaint resolution procedures. The |
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comptroller shall post the recommendations of the advisory board on |
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the comptroller's Internet website. |
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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, local tax offices, 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 2. Section 5.07, Tax Code, is amended by adding |
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Subsections (f), (g), (h), and (i) to read as follows: |
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(f) The comptroller shall prescribe tax rate calculation |
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forms to be used by the designated officer or employee of each |
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taxing unit to calculate and submit the no-new-revenue tax rate and |
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the rollback tax rate for the taxing unit as required by Chapter 26. |
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(g) The forms described by Subsection (f) must be in an |
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electronic format and: |
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(1) have blanks that can be filled in electronically; |
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(2) be capable of being certified by the designated |
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officer or employee after completion as accurately calculating the |
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applicable tax rates and using values that are the same as the |
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values shown in the taxing unit's certified appraisal roll; and |
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(3) be capable of being submitted electronically to |
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the chief appraiser of each appraisal district in which the taxing |
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unit is located. |
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(h) For purposes of Subsections (f) and (g), the comptroller |
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shall use the forms published on the comptroller's Internet website |
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as of January 1, 2019, modified as necessary to comply with the |
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requirements of those subsections. The forms may be updated, at the |
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discretion of the comptroller acting through the director of the |
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property tax assistance division, to reflect statutory changes that |
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do not substantially change the tax rate calculations provided for |
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by the form or for the purpose of making formatting or other |
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nonsubstantive changes. The director may determine, in the |
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director's discretion, whether a proposed change substantially |
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changes the tax rate calculations provided for by the forms and |
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therefore must be made in the manner provided by Subsection (i). |
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(i) The comptroller may revise the forms to reflect |
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statutory changes that substantially change the tax rate |
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calculations provided for by the forms or on receipt of a request in |
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writing. A revision under this subsection must be approved by the |
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agreement of a majority of the members of a committee selected by |
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the comptroller. The members of the committee must represent, |
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equally, taxpayers and either taxing units or persons designated by |
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taxing units. In the case of a revision for which the comptroller |
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receives a request in writing, the person requesting the revision |
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shall pay the costs of mediation if the comptroller determines that |
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mediation is required. |
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SECTION 3. 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 maintenance and |
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operations rate, the debt rate, and the total tax rate imposed by |
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each taxing unit in this state, as [other than a school district, if
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the tax rate is] reported to the comptroller by each appraisal |
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district, for the year [preceding the year] in which the list is |
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prepared. The comptroller shall: |
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(1) prescribe the manner in which and deadline by |
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which appraisal districts are required to submit the tax rates to |
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the comptroller; and |
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(2) list the tax rates alphabetically according to: |
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(A) the county or counties in which each taxing |
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unit is located; and |
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(B) 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). The |
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comptroller shall maintain the list on the comptroller's Internet |
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website until at least the third anniversary of the date the list is |
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required to be published. |
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SECTION 4. Section 5.102(a), Tax Code, is amended to read as |
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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, the taxpayer |
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assistance provided by each appraisal district, and the operating |
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and appraisal standards, procedures, and methodology used by each |
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appraisal district, to determine compliance with generally |
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accepted standards, procedures, and methodology. After |
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consultation with the property tax administration advisory board |
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[committee created under Section 403.302, Government Code], the |
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comptroller by rule may establish procedures and standards for |
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conducting and scoring the review. |
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SECTION 5. 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 |
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statement: "The Texas Legislature does not set the amount of your |
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local taxes. Your property tax bill [burden] is set [decided] by |
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your locally elected officials, and all inquiries concerning your |
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taxes should be 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 6. 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-revenue [(9) "Effective] maintenance |
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and 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-REVENUE [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 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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NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES. |
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SECTION 8. Section 26.04, Tax Code, is amended by amending |
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Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and |
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adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) 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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taxing unit showing the total appraised, assessed, and taxable |
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values of all property and the total taxable value of new property |
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to the governing body of the taxing unit by August 1 or as soon |
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thereafter as practicable. By August 1 or as soon thereafter as |
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practicable, the taxing unit's collector shall certify [an estimate
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of] the anticipated collection rate, as defined by Subsection (h), |
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for the current year to the governing body. If the collector |
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certified an anticipated collection rate in the preceding year and |
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the actual collection rate in that year exceeded the anticipated |
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rate, the collector shall also certify the amount of debt taxes |
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collected in excess of the anticipated amount in the preceding |
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year. |
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(c) After the assessor for the taxing unit submits the |
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appraisal roll for the taxing unit to the governing body of the |
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taxing unit as required by Subsection (b), an [An] officer or |
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employee designated by the governing body shall calculate the |
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no-new-revenue [effective] tax rate and the rollback tax rate for |
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the taxing unit, where: |
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(1) "No-new-revenue [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-REVENUE [EFFECTIVE] TAX RATE = (LAST |
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YEAR'S LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL |
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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 = (NO-NEW-REVENUE [EFFECTIVE] |
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MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
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RATE |
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(d) The no-new-revenue [effective] tax rate for a county is |
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the sum of the no-new-revenue [effective] tax rates calculated for |
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each type of tax the county levies and the rollback tax rate for a |
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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 use the tax |
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rate calculation forms prescribed by the comptroller under Section |
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5.07 in calculating the no-new-revenue tax rate and the rollback |
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tax rate. |
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(d-2) The designated officer or employee may not submit the |
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no-new-revenue tax rate and the rollback tax rate to the governing |
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body of the taxing unit and the taxing unit may not adopt a tax rate |
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until the designated officer or employee certifies on the tax rate |
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calculation forms that the designated officer or employee has |
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accurately calculated the tax rates and has used values that are the |
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same as the values shown in the taxing unit's certified appraisal |
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roll in performing the calculations. |
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(e) By August 7 or as soon thereafter as practicable, the |
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designated officer or employee shall submit the rates to the |
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governing body. The designated officer or employee [He] shall |
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deliver by mail to each property owner in the taxing unit, [or] |
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publish in a newspaper, or post prominently on the home page of the |
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taxing unit's Internet website, if applicable, in the form |
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prescribed by the comptroller: |
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(1) the no-new-revenue [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 |
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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 |
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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 taxing unit's debt obligations |
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showing: |
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(A) the amount of principal and interest that |
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will be paid to service the taxing unit's debts in the next year |
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from property tax revenue, including payments of lawfully incurred |
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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 taxing unit by another |
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political subdivision and, if the taxing unit is created under |
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Section 52, Article III, or Section 59, Article XVI, Texas |
|
Constitution, payments on debts that the taxing unit anticipates to |
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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 taxing 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 |
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anticipated in calculations under Section 26.041; |
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(5) a statement that the adoption of a tax rate equal |
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to the no-new-revenue [effective] tax rate would result in an |
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increase or decrease, as applicable, in the amount of taxes imposed |
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by the taxing unit as compared to last year's levy, and the amount |
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of the increase or decrease; |
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(6) in the year that a taxing unit calculates an |
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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 taxing unit discontinuing the |
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department, function, or activity; |
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(B) the amount of property tax revenue spent by |
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the taxing unit listed under Paragraph (A) to operate the |
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discontinued department, function, or activity in the 12 months |
|
preceding the month in which the calculations required by this |
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chapter are made; and |
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(C) the name of the taxing unit that operates a |
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distinct department, function, or activity in all or a majority of |
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the territory of a taxing unit that has discontinued operating the |
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distinct department, function, or activity; and |
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(7) in the year following the year in which a taxing |
|
unit raised its rollback tax rate as required by Subsection (j), a |
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schedule that includes the following elements: |
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(A) the amount of property tax revenue spent by |
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the taxing unit to operate the department, function, or activity |
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for which the taxing unit raised the rollback tax rate as required |
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by Subsection (j) for the 12 months preceding the month in which the |
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calculations required by this chapter are made; and |
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(B) the amount published by the taxing unit in |
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the preceding tax year under Subdivision (6)(B). |
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(e-1) The tax rate certification requirements imposed by |
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Subsection (d-2) and the notice requirements imposed by Subsections |
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(e)(1)-(6) do not apply to a school district. |
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(e-2) By August 7 or as soon thereafter as practicable, the |
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chief appraiser of each appraisal district shall deliver by regular |
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mail or e-mail to each owner of property located in the appraisal |
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district 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 |
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located may be found in the property tax database maintained by the |
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appraisal district under Section 26.17. The notice must include: |
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(1) a statement directing the property owner to an |
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Internet website from which the owner may access information |
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related to the actions taken or proposed to be taken by each taxing |
|
unit in which the property is located that may affect the taxes |
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imposed on the owner's property; |
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(2) a statement that the property owner may request |
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from the county assessor-collector for the county in which the |
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property is located or, if the county assessor-collector does not |
|
assess taxes for the county, the person who assesses taxes for the |
|
county under Section 6.24(b), contact information for the assessor |
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for each taxing unit in which the property is located, who must |
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provide the information described by this subsection to the owner |
|
on request; and |
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(3) the name, address, and telephone number of the |
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county assessor-collector for the county in which the property is |
|
located or, if the county assessor-collector does not assess taxes |
|
for the county, the person who assesses taxes for the county under |
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Section 6.24(b). |
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(e-3) The statement described by Subsection (e-2)(1) must |
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include a heading that is in bold, capital letters in type larger |
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than that used in the other provisions of the notice. |
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(e-4) The comptroller: |
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(1) with the advice of the property tax administration |
|
advisory board, shall adopt rules prescribing the form of the |
|
notice required by Subsection (e-2); and |
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(2) may adopt rules regarding the format and delivery |
|
of the notice. |
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(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-revenue |
|
[effective] and rollback tax rates under this section. |
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(g) A person who owns taxable property is entitled to an |
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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 taxing unit, the chief appraiser of the |
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applicable appraisal district, or the taxing unit, as applicable, |
|
has not complied with the computation, [or] publication, or posting |
|
requirements of this section or Section 26.17 or 26.18 [and the
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failure to comply was not in good faith]. It is a defense in an |
|
action for an injunction under this subsection that the failure to |
|
comply was in good faith. |
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(i) This subsection applies to a taxing unit that has agreed |
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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-revenue [effective] maintenance and |
|
operations rate of the taxing 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 taxing unit operated the |
|
discontinued department, function, or activity. If the taxing 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 taxing unit shall reduce last year's levy |
|
used for calculating the no-new-revenue [effective] maintenance |
|
and operations rate of the taxing unit by the amount of the revenue |
|
spent in the last full fiscal year in which the taxing 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-revenue [effective] maintenance and |
|
operations rate of the taxing 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 |
|
taxing unit operated the discontinued department, function, or |
|
activity. If the taxing 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 taxing unit may increase last year's levy used to |
|
calculate the no-new-revenue [effective] maintenance and |
|
operations rate by an amount not to exceed the amount of property |
|
tax revenue spent by the discontinuing taxing unit to operate the |
|
discontinued department, function, or activity in the last full |
|
fiscal year in which the discontinuing taxing unit operated the |
|
department, function, or activity. |
|
SECTION 9. Sections 26.041(a), (b), (c), (e), (g), and (h), |
|
Tax Code, are amended to read as follows: |
|
(a) In the first year in which an additional sales and use |
|
tax is required to be collected, the no-new-revenue [effective] tax |
|
rate and rollback tax rate for the taxing unit are calculated |
|
according to the following formulas: |
|
NO-NEW-REVENUE [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-REVENUE [EFFECTIVE] |
|
MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
|
RATE - SALES TAX GAIN RATE |
|
where "sales tax gain rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the revenue that will |
|
be generated by the additional sales and use tax in the following |
|
year as calculated under Subsection (d) [of this section] by the |
|
current total value. |
|
(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 taxing unit is |
|
calculated according to the following formula, regardless of |
|
whether the taxing unit levied a property tax in the preceding year: |
|
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
|
OPERATIONS EXPENSE x 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 revenue [effective] tax rate and rollback |
|
tax rate for the taxing unit are calculated according to the |
|
following formulas: |
|
NO-NEW-REVENUE [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 1.08) / ([TOTAL] CURRENT TOTAL |
|
VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE |
|
where "sales tax loss rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the amount of sales |
|
and use tax revenue generated in the last four quarters for which |
|
the information is available by the current total value and "last |
|
year's maintenance and operations expense" means the amount spent |
|
for maintenance and operations from property tax and additional |
|
sales and use tax revenues in the preceding year. |
|
(e) If a city that imposes an additional sales and use tax |
|
receives payments under the terms of a contract executed before |
|
January 1, 1986, in which the city agrees not to annex certain |
|
property or a certain area and the owners or lessees of the property |
|
or of property in the area agree to pay at least annually to the city |
|
an amount determined by reference to all or a percentage of the |
|
property tax rate of the city and all or a part of the value of the |
|
property subject to the agreement or included in the area subject to |
|
the agreement, the governing body, by order adopted by a majority |
|
vote of the governing body, may direct the designated officer or |
|
employee to add to the no-new-revenue [effective] and rollback tax |
|
rates the amount that, when applied to the total taxable value |
|
submitted to the governing body, would produce an amount of taxes |
|
equal to the difference between the total amount of payments for the |
|
tax year under contracts described by this subsection under the |
|
rollback tax rate calculated under this section and the total |
|
amount of payments for the tax year that would have been obligated |
|
to the city if the city had not adopted an additional sales and use |
|
tax. |
|
(g) If the rate of the additional sales and use tax is |
|
increased, the designated officer or employee shall make two |
|
projections, in the manner provided by Subsection (d) [of this
|
|
section], of the revenue generated by the additional sales and use |
|
tax in the following year. The first projection must take into |
|
account the increase and the second projection must not take into |
|
account the increase. The designated officer or employee shall |
|
then subtract the amount of the result of the second projection from |
|
the amount of the result of the first projection to determine the |
|
revenue generated as a result of the increase in the additional |
|
sales and use tax. In the first year in which an additional sales |
|
and use tax is increased, the no-new-revenue [effective] tax rate |
|
for the taxing unit is the no-new-revenue [effective] tax rate |
|
before the increase minus a number the numerator of which is the |
|
revenue generated as a result of the increase in the additional |
|
sales and use tax, as determined under this subsection, and the |
|
denominator of which is the current total value minus the new |
|
property value. |
|
(h) If the rate of the additional sales and use tax is |
|
decreased, the designated officer or employee shall make two |
|
projections, in the manner provided by Subsection (d) [of this
|
|
section], of the revenue generated by the additional sales and use |
|
tax in the following year. The first projection must take into |
|
account the decrease and the second projection must not take into |
|
account the decrease. The designated officer or employee shall |
|
then subtract the amount of the result of the first projection from |
|
the amount of the result of the second projection to determine the |
|
revenue lost as a result of the decrease in the additional sales and |
|
use tax. In the first year in which an additional sales and use tax |
|
is decreased, the no-new-revenue [effective] tax rate for the |
|
taxing unit is the no-new-revenue [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 10. The heading to Section 26.043, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX |
|
RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. |
|
SECTION 11. 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 designated officer or employee |
|
[representative] shall subtract from the city's rollback and |
|
no-new-revenue [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-revenue [effective] or |
|
rollback tax rate refers to that rate as adjusted under this |
|
section. |
|
SECTION 12. The heading to Section 26.044, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR |
|
STATE CRIMINAL JUSTICE MANDATE. |
|
SECTION 13. 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-revenue [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-revenue [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-revenue [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 14. 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-revenue [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-revenue [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-revenue [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 15. Section 26.05, Tax Code, is amended by amending |
|
Subsections (b), (c), (d), (e), and (g) and adding Subsections |
|
(d-1) and (d-2) to read as follows: |
|
(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-revenue [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-revenue [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-revenue [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-revenue [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-revenue |
|
[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-REVENUE |
|
[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 taxing unit: |
|
(A) the following statement: "(Insert name of |
|
taxing 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-revenue |
|
[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-REVENUE |
|
[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-revenue [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-revenue [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-revenue [effective] tax rate and may not adopt a higher rate |
|
unless it first complies with Section 26.06. |
|
(d-1) The governing body of a taxing unit other than a |
|
school district may not hold a public hearing on a proposed tax rate |
|
or a public meeting to adopt a tax rate until the seventh day after |
|
the date the chief appraiser of each appraisal district in which the |
|
taxing unit participates has: |
|
(1) delivered the notice required by Section |
|
26.04(e-2); and |
|
(2) complied with Section 26.17(e). |
|
(d-2) Notwithstanding Subsection (a), the governing body of |
|
a taxing unit other than a school district may not adopt a tax rate |
|
until the chief appraiser of each appraisal district in which the |
|
taxing unit participates has complied with Subsection (d-1). |
|
(e) A person who owns taxable property is entitled to an |
|
injunction restraining the collection of taxes by a taxing unit in |
|
which the property is taxable if the taxing unit has not complied |
|
with the requirements of this section or Section 26.04 [and the
|
|
failure to comply was not in good faith]. It is a defense in an |
|
action for an injunction under this subsection that the failure to |
|
comply was in good faith. An action to enjoin the collection of |
|
taxes must be filed not later than the 15th day after the date the |
|
taxing unit adopts a tax rate. A property owner is not required to |
|
pay the taxes imposed by a taxing unit on the owner's property while |
|
an action filed by the property owner to enjoin the collection of |
|
taxes imposed by the taxing unit on the owner's property is pending. |
|
If the property owner pays the taxes and subsequently prevails in |
|
the action, the property owner is entitled to a refund of the taxes |
|
paid, together with reasonable attorney's fees and court costs. |
|
The property owner is not required to apply to the collector for the |
|
taxing unit to receive the refund [prior to the date a taxing unit
|
|
delivers substantially all of its tax bills]. |
|
(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-revenue [effective] tax rate |
|
and the rollback tax rate of the district shall be calculated based |
|
on the certified estimate of taxable value. |
|
SECTION 16. Sections 26.052(c) and (e), Tax Code, are |
|
amended to read as follows: |
|
(c) A taxing unit to which this section applies may provide |
|
public notice of its proposed tax rate in one [either] of the |
|
following methods not later than the seventh day before the date on |
|
which the tax rate is adopted: |
|
(1) mailing a notice of the proposed tax rate to each |
|
owner of taxable property in the taxing unit; [or] |
|
(2) publishing notice of the proposed tax rate in the |
|
legal notices section of a newspaper having general circulation in |
|
the taxing unit; or |
|
(3) posting notice of the proposed tax rate |
|
prominently on the home page of the Internet website maintained by |
|
the taxing unit, if applicable. |
|
(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 taxing unit's no-new-revenue [effective] tax rate |
|
calculated as provided by Section 26.04, a statement substantially |
|
identical to the following: "The proposed tax rate would increase |
|
total taxes in (name of taxing unit) by (percentage by which the |
|
proposed tax rate exceeds the no-new-revenue [effective] tax |
|
rate)." |
|
SECTION 17. Sections 26.06(b), (c), (d), and (e), Tax Code, |
|
are amended to read as follows: |
|
(b) The notice of a public hearing may not be smaller than |
|
one-quarter page of a standard-size or a tabloid-size newspaper, |
|
and the headline on the notice must be in 24-point or larger type. |
|
The notice must contain a statement in the following form: |
|
"NOTICE OF PUBLIC HEARING ON TAX INCREASE |
|
"The (name of the taxing unit) will hold two public hearings |
|
on a proposal to increase total tax revenues from properties on the |
|
tax roll in the preceding tax year by (percentage by which proposed |
|
tax rate exceeds lower of rollback tax rate or no-new-revenue |
|
[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 tax rate that is adopted and on the |
|
change in the taxable value of your property in relation to the |
|
change in taxable value of all other property [and the tax rate that
|
|
is adopted]. The change in the taxable value of your property in |
|
relation to the change in the taxable value of all other property |
|
determines the distribution of the tax burden among all property |
|
owners. |
|
"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 no-new-revenue [effective] tax rate for |
|
this year of $____ (no-new-revenue [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." |
|
(c) The notice of a public hearing under this section may be |
|
delivered by mail to each property owner in the taxing unit, [or may
|
|
be] published in a newspaper, or posted prominently on the home page |
|
of the Internet website operated by the taxing unit, if applicable. |
|
If the notice is published in a newspaper, it may not be in the part |
|
of the paper in which legal notices and classified advertisements |
|
appear. If the taxing unit posts the notice on [operates] an |
|
Internet website operated by the taxing unit, the notice must be |
|
posted on the website from the date the notice is first posted |
|
[published] until the second public hearing is concluded. |
|
(d) At the public hearings the governing body shall announce |
|
the date, time, and place of the meeting at which it will vote on the |
|
proposed tax rate. After each hearing the governing body shall give |
|
notice of the meeting at which it will vote on the proposed tax rate |
|
and the notice shall be in the same form as prescribed by |
|
Subsections (b) and (c), except that it must state the following: |
|
"NOTICE OF TAX REVENUE INCREASE |
|
"The (name of the taxing unit) conducted public hearings on |
|
(date of first hearing) and (date of second hearing) on a proposal |
|
to increase the total tax revenues of the (name of the taxing unit) |
|
from properties on the tax roll in the preceding year by (percentage |
|
by which proposed tax rate exceeds lower of rollback tax rate or |
|
no-new-revenue [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 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-revenue [effective] tax rate by the |
|
14th day, it must give a new notice under Subsection (d) before it |
|
may adopt a rate that exceeds the lower of the rollback tax rate or |
|
the no-new-revenue [effective] tax rate. |
|
SECTION 18. Section 26.065(b), Tax Code, is amended to read |
|
as follows: |
|
(b) If the taxing unit owns, operates, or controls an |
|
Internet website, the taxing unit shall post notice of the public |
|
hearing prominently on the home page of the website 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 19. Sections 26.08(g), (i), (n), and (p), Tax Code, |
|
are amended to read as follows: |
|
(g) In a school district that received distributions from an |
|
equalization tax imposed under former Chapter 18, Education Code, |
|
the no-new-revenue [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. |
|
(i) For purposes of this section, the no-new-revenue |
|
[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. |
|
(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-revenue [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-revenue [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-revenue [effective] maintenance |
|
and operations tax rate for that preceding tax year. |
|
SECTION 20. Section 26.16, Tax Code, is amended by amending |
|
Subsections (a) and (d) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) The county assessor-collector for each county that |
|
maintains an Internet website shall post on the website 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-revenue [effective] tax rate; |
|
(5) the no-new-revenue [effective] maintenance and |
|
operations rate; and |
|
(6) the rollback tax rate. |
|
(a-1) For purposes of Subsection (a), a reference to the |
|
no-new-revenue tax rate or the no-new-revenue 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, 2026. |
|
(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 |
|
taxing 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 |
|
taxing unit's debt service for the following year. |
|
"The no-new-revenue [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-revenue [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. 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 taxing |
|
unit adopts a tax rate in excess of the taxing unit's rollback tax |
|
rate. In the case of a school district, an election will |
|
automatically be held if the district wishes to adopt a tax rate in |
|
excess of the district's rollback tax rate." |
|
SECTION 21. Chapter 26, Tax Code, is amended by adding |
|
Sections 26.17 and 26.18 to read as follows: |
|
Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION. |
|
(a) The chief appraiser of each appraisal district shall create and |
|
maintain a property tax database that: |
|
(1) is identified by the name of the county in which |
|
the appraisal district is established instead of the name of the |
|
appraisal district; |
|
(2) contains information that is provided by |
|
designated officers or employees of the taxing units that are |
|
located in the appraisal district in the manner required by the |
|
comptroller; |
|
(3) is continuously updated as preliminary and revised |
|
data become available to and are provided by the designated |
|
officers or employees of taxing units; |
|
(4) is accessible to the public; and |
|
(5) is searchable by property address and owner, |
|
except to the extent that access to the information in the database |
|
is restricted by Section 25.025 or 25.026. |
|
(b) The database must include, with respect to each property |
|
listed on the appraisal roll for the appraisal district: |
|
(1) the property's identification number; |
|
(2) the property's market value; |
|
(3) the property's taxable value; |
|
(4) the name of each taxing unit in which the property |
|
is located; |
|
(5) for each taxing unit other than a school district |
|
in which the property is located: |
|
(A) the no-new-revenue tax rate; and |
|
(B) the rollback tax rate; |
|
(6) for each school district in which the property is |
|
located: |
|
(A) the tax rate that would maintain the same |
|
amount of state and local revenue per weighted student that the |
|
district received in the school year beginning in the preceding tax |
|
year; and |
|
(B) the rollback tax rate; |
|
(7) the tax rate proposed by the governing body of each |
|
taxing unit in which the property is located; |
|
(8) for each taxing unit other than a school district |
|
in which the property is located, the taxes that would be imposed on |
|
the property if the taxing unit adopted a tax rate equal to: |
|
(A) the no-new-revenue tax rate; and |
|
(B) the proposed tax rate; |
|
(9) for each school district in which the property is |
|
located, the taxes that would be imposed on the property if the |
|
district adopted a tax rate equal to: |
|
(A) the tax rate that would maintain the same |
|
amount of state and local revenue per weighted student that the |
|
district received in the school year beginning in the preceding tax |
|
year; and |
|
(B) the proposed tax rate; |
|
(10) for each taxing unit other than a school district |
|
in which the property is located, the difference between the amount |
|
calculated under Subdivision (8)(A) and the amount calculated under |
|
Subdivision (8)(B); |
|
(11) for each school district in which the property is |
|
located, the difference between the amount calculated under |
|
Subdivision (9)(A) and the amount calculated under Subdivision |
|
(9)(B); |
|
(12) the date and location of each public hearing, if |
|
applicable, on the proposed tax rate to be held by the governing |
|
body of each taxing unit in which the property is located; |
|
(13) the date and location of the public meeting at |
|
which the tax rate will be adopted to be held by the governing body |
|
of each taxing unit in which the property is located; and |
|
(14) for each taxing unit in which the property is |
|
located, an e-mail address at which the taxing unit is capable of |
|
receiving written comments regarding the proposed tax rate of the |
|
taxing unit. |
|
(c) The database must provide a link to the Internet website |
|
used by each taxing unit in which the property is located to post |
|
the information described by Section 26.18. |
|
(d) The officer or employee designated by the governing body |
|
of each taxing unit in which the property is located to calculate |
|
the no-new-revenue tax rate and the rollback tax rate for the taxing |
|
unit must electronically incorporate into the database: |
|
(1) the information described by Subsections (b)(5), |
|
(6), (7), (12), and (13), as applicable, as the information becomes |
|
available; and |
|
(2) the tax rate calculation forms prepared under |
|
Section 26.04(d-1) at the same time the designated officer or |
|
employee submits the tax rates to the governing body of the taxing |
|
unit under Section 26.04(e). |
|
(e) The chief appraiser shall make the information |
|
described by Subsection (d)(1) and the tax rate calculation forms |
|
described by Subsection (d)(2) available to the public not later |
|
than the third business day after the date the information and forms |
|
are incorporated into the database. |
|
Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
|
TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
|
website or have access to a generally accessible Internet website |
|
that may be used for the purposes of this section. Each taxing unit |
|
shall post or cause to be posted on the Internet website the |
|
following information in a format prescribed by the comptroller: |
|
(1) the name of each member of the governing body of |
|
the taxing unit; |
|
(2) the mailing address, e-mail address, and telephone |
|
number of the taxing unit; |
|
(3) the official contact information for each member |
|
of the governing body of the taxing unit, if that information is |
|
different from the information described by Subdivision (2); |
|
(4) the taxing unit's budget for the preceding two |
|
years; |
|
(5) the taxing unit's proposed or adopted budget for |
|
the current year; |
|
(6) the change in the amount of the taxing unit's |
|
budget from the preceding year to the current year, by dollar amount |
|
and percentage; |
|
(7) in the case of a taxing unit other than a school |
|
district, the amount of property tax revenue budgeted for |
|
maintenance and operations for: |
|
(A) the preceding two years; and |
|
(B) the current year; |
|
(8) in the case of a taxing unit other than a school |
|
district, the amount of property tax revenue budgeted for debt |
|
service for: |
|
(A) the preceding two years; and |
|
(B) the current year; |
|
(9) the tax rate for maintenance and operations |
|
adopted by the taxing unit for the preceding two years; |
|
(10) in the case of a taxing unit other than a school |
|
district, the tax rate for debt service adopted by the taxing unit |
|
for the preceding two years; |
|
(11) in the case of a school district, the interest and |
|
sinking fund tax rate adopted by the district for the preceding two |
|
years; |
|
(12) the tax rate for maintenance and operations |
|
proposed by the taxing unit for the current year; |
|
(13) in the case of a taxing unit other than a school |
|
district, the tax rate for debt service proposed by the taxing unit |
|
for the current year; |
|
(14) in the case of a school district, the interest and |
|
sinking fund tax rate proposed by the district for the current year; |
|
and |
|
(15) the most recent financial audit of the taxing |
|
unit. |
|
SECTION 22. 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-revenue [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 23. 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 |
|
26.07, Tax Code. |
|
SECTION 24. 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 25. 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-revenue [effective] tax rate; |
|
(C) the no-new-revenue [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 26. 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-revenue [effective] tax rate; |
|
(C) the no-new-revenue [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 27. 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-revenue [effective] tax rate; |
|
(C) the no-new-revenue [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 28. 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-revenue [effective] tax rate; |
|
(C) the no-new-revenue [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 29. Sections 140.010(a), (d), (e), and (f), Local |
|
Government Code, are amended to read as follows: |
|
(a) In this section, "no-new-revenue [effective] tax rate" |
|
and "rollback tax rate" mean the no-new-revenue [effective] tax |
|
rate and rollback tax rate of a county or municipality, as |
|
applicable, as calculated under Chapter 26, Tax Code. |
|
(d) A county or municipality that proposes a property tax |
|
rate that does not exceed the lower of the no-new-revenue |
|
[effective] tax rate or the rollback tax rate shall provide the |
|
following notice: |
|
"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
|
RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
|
"A tax rate of $______ per $100 valuation has been proposed by the |
|
governing body of (insert name of county or municipality). |
|
PROPOSED TAX RATE $______ per $100 |
|
PRECEDING YEAR'S TAX RATE $______ per $100 |
|
NO-NEW-REVENUE [EFFECTIVE] TAX RATE $______ per $100 |
|
"The no-new-revenue [effective] tax rate is the total tax rate |
|
needed to raise the same amount of property tax revenue for (insert |
|
name of county or municipality) from the same properties in both the |
|
(insert preceding tax year) tax year and the (insert current tax |
|
year) tax year. |
|
"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
|
FOLLOWS: |
|
property tax amount = (rate) x (taxable value of your property) / |
|
100 |
|
"For assistance or detailed information about tax calculations, |
|
please contact: |
|
(insert name of county or municipal tax assessor-collector) |
|
(insert name of county or municipality) tax |
|
assessor-collector |
|
(insert address) |
|
(insert telephone number) |
|
(insert e-mail address) |
|
(insert Internet website address, if applicable)" |
|
(e) A county or municipality that proposes a property tax |
|
rate that exceeds the lower of the no-new-revenue [effective] tax |
|
rate or the rollback tax rate shall provide the following notice: |
|
"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
|
RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
|
"A tax rate of $_____ per $100 valuation has been proposed for |
|
adoption by the governing body of (insert name of county or |
|
municipality). This rate exceeds the lower of the no-new-revenue |
|
[effective] or rollback tax rate, and state law requires that two |
|
public hearings be held by the governing body before adopting the |
|
proposed tax rate. The governing body of (insert name of county or |
|
municipality) proposes to use revenue attributable to the tax rate |
|
increase for the purpose of (description of purpose of increase). |
|
PROPOSED TAX RATE$______ per $100 |
|
PRECEDING YEAR'S TAX RATE$______ per $100 |
|
NO-NEW-REVENUE [EFFECTIVE] TAX RATE$______ per $100 |
|
ROLLBACK TAX RATE$______ per $100 |
|
"The no-new-revenue [effective] tax rate is the total tax rate |
|
needed to raise the same amount of property tax revenue for (insert |
|
name of county or municipality) from the same properties in both the |
|
(insert preceding tax year) tax year and the (insert current tax |
|
year) tax year. |
|
"The rollback tax rate is the highest tax rate that (insert name of |
|
county or municipality) may adopt before the voters are entitled to |
|
petition for an election to limit the rate that may be approved to |
|
the rollback tax rate. |
|
"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
|
FOLLOWS: |
|
property tax amount = (rate) x (taxable value of your property) / |
|
100 |
|
"For assistance or detailed information about tax calculations, |
|
please contact: |
|
(insert name of county or municipal tax assessor-collector) |
|
(insert name of county or municipality) tax |
|
assessor-collector |
|
(insert address) |
|
(insert telephone number) |
|
(insert e-mail address) |
|
(insert Internet website address, if applicable) |
|
"You are urged to attend and express your views at the following |
|
public hearings on the proposed tax rate: |
|
First Hearing: (insert date and time) at (insert location of |
|
meeting). |
|
Second Hearing: (insert date and time) at (insert location |
|
of meeting)." |
|
(f) A county or municipality shall[:
|
|
[(1)] provide the notice required by Subsection (d) or |
|
(e), as applicable, not later than the later of September 1 or the |
|
30th day after the first date that the taxing unit has received each |
|
applicable certified appraisal roll by: |
|
(1) [(A)] publishing the notice in a newspaper having |
|
general circulation in: |
|
(A) [(i)] the county, in the case of notice |
|
published by a county; or |
|
(B) [(ii)] the county in which the municipality |
|
is located or primarily located, in the case of notice published by |
|
a municipality; [or] |
|
(2) [(B)] mailing the notice to each property owner |
|
in: |
|
(A) [(i)] the county, in the case of notice |
|
provided by a county; or |
|
(B) [(ii)] the municipality, in the case of |
|
notice provided by a municipality; or [and] |
|
(3) posting [(2) post] the notice prominently on the |
|
home page of the Internet website of the county or municipality, if |
|
applicable, beginning not later than the later of September 1 or the |
|
30th day after the first date that the taxing unit has received each |
|
applicable certified appraisal roll and continuing until the county |
|
or municipality adopts a tax rate. |
|
SECTION 30. Sections 403.302(m-1) and (n), Government Code, |
|
are repealed. |
|
SECTION 31. The comptroller shall comply with Sections |
|
5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon |
|
as practicable after January 1, 2020, but not later than April 30, |
|
2020. |
|
SECTION 32. A person is entitled to an injunction under |
|
Section 26.04(g), Tax Code, as amended by this Act, for failure to |
|
comply with the requirements of Section 26.17(c) or 26.18, Tax |
|
Code, as added by this Act, beginning with the 2021 tax year. |
|
SECTION 33. Each appraisal district and taxing unit shall |
|
comply with Sections 26.17(c) and 26.18, Tax Code, as added by this |
|
Act, beginning with the 2021 tax year. |
|
SECTION 34. (a) Except as otherwise provided by this Act, |
|
this Act takes effect January 1, 2020. |
|
(b) The following provisions take effect January 1, 2021: |
|
(1) Sections 25.19(b) and (i), Tax Code, as amended by |
|
this Act; and |
|
(2) Section 26.18, Tax Code, as added by this Act. |