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A BILL TO BE ENTITLED
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AN ACT
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relating to clarifying certain terminology, including terminology |
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applicable to tax rate calculations, in relation to the ad valorem |
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tax system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.2522(e), Education Code, is amended |
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to read as follows: |
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(e) The commissioner shall notify school districts as soon |
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as practicable as to the availability of funds under this section. |
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For purposes of computing a voter approval [rollback] tax rate |
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under Section 26.08, Tax Code, a district shall adjust the |
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district's tax rate limit to reflect assistance received under this |
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section. |
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SECTION 2. Sections 44.004(c) and (i), Education Code, are |
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amended to read as follows: |
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(c) The notice of public meeting to discuss and adopt the |
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budget and the proposed tax rate may not be smaller than one-quarter |
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page of a standard-size or a tabloid-size newspaper, and the |
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headline on the notice must be in 18-point or larger type. Subject |
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to Subsection (d), the notice must: |
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(1) contain a statement in the following form: |
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"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE |
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"The (name of school district) will hold a public meeting at |
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(time, date, year) in (name of room, building, physical location, |
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city, state). The purpose of this meeting is to discuss the school |
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district's budget that will determine the tax rate that will be |
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adopted. Public participation in the discussion is invited." The |
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statement of the purpose of the meeting must be in bold type. In |
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reduced type, the notice must state: "The tax rate that is |
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ultimately adopted at this meeting or at a separate meeting at a |
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later date may not exceed the proposed rate shown below unless the |
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district publishes a revised notice containing the same information |
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and comparisons set out below and holds another public meeting to |
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discuss the revised notice."; |
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(2) contain a section entitled "Comparison of Proposed |
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Budget with Last Year's Budget," which must show the difference, |
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expressed as a percent increase or decrease, as applicable, in the |
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amounts budgeted for the preceding fiscal year and the amount |
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budgeted for the fiscal year that begins in the current tax year for |
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each of the following: |
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(A) maintenance and operations; |
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(B) debt service; and |
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(C) total expenditures; |
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(3) contain a section entitled "Total Appraised Value |
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and Total Taxable Value," which must show the total appraised value |
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and the total taxable value of all property and the total appraised |
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value and the total taxable value of new property taxable by the |
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district in the preceding tax year and the current tax year as |
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calculated under Section 26.04, Tax Code; |
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(4) contain a statement of the total amount of the |
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outstanding and unpaid bonded indebtedness of the school district; |
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(5) contain a section entitled "Comparison of Proposed |
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Rates with Last Year's Rates," which must: |
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(A) show in rows the tax rates described by |
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Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of |
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property, for columns entitled "Maintenance & Operations," |
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"Interest & Sinking Fund," and "Total," which is the sum of |
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"Maintenance & Operations" and "Interest & Sinking Fund": |
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(i) the school district's "Last Year's |
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Rate"; |
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(ii) the "Rate to Maintain Same Level of |
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Maintenance & Operations Revenue & Pay Debt Service," which: |
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(a) in the case of "Maintenance & |
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Operations," is the tax rate that, when applied to the current |
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taxable value for the district, as certified by the chief appraiser |
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under Section 26.01, Tax Code, and as adjusted to reflect changes |
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made by the chief appraiser as of the time the notice is prepared, |
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would impose taxes in an amount that, when added to state funds to |
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be distributed to the district under Chapter 42, would provide the |
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same amount of maintenance and operations taxes and state funds |
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distributed under Chapter 42 per student in average daily |
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attendance for the applicable school year that was available to the |
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district in the preceding school year; and |
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(b) in the case of "Interest & Sinking |
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Fund," is the tax rate that, when applied to the current taxable |
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value for the district, as certified by the chief appraiser under |
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Section 26.01, Tax Code, and as adjusted to reflect changes made by |
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the chief appraiser as of the time the notice is prepared, and when |
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multiplied by the district's anticipated collection rate, would |
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impose taxes in an amount that, when added to state funds to be |
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distributed to the district under Chapter 46 and any excess taxes |
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collected to service the district's debt during the preceding tax |
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year but not used for that purpose during that year, would provide |
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the amount required to service the district's debt; and |
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(iii) the "Proposed Rate"; |
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(B) contain fourth and fifth columns aligned with |
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the columns required by Paragraph (A) that show, for each row |
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required by Paragraph (A): |
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(i) the "Local Revenue per Student," which |
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is computed by multiplying the district's total taxable value of |
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property, as certified by the chief appraiser for the applicable |
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school year under Section 26.01, Tax Code, and as adjusted to |
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reflect changes made by the chief appraiser as of the time the |
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notice is prepared, by the total tax rate, and dividing the product |
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by the number of students in average daily attendance in the |
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district for the applicable school year; and |
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(ii) the "State Revenue per Student," which |
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is computed by determining the amount of state aid received or to be |
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received by the district under Chapters 42, 43, and 46 and dividing |
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that amount by the number of students in average daily attendance in |
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the district for the applicable school year; and |
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(C) contain an asterisk after each calculation |
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for "Interest & Sinking Fund" and a footnote to the section that, in |
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reduced type, states "The Interest & Sinking Fund tax revenue is |
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used to pay for bonded indebtedness on construction, equipment, or |
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both. The bonds, and the tax rate necessary to pay those bonds, |
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were approved by the voters of this district."; |
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(6) contain a section entitled "Comparison of Proposed |
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Levy with Last Year's Levy on Average Residence," which must: |
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(A) show in rows the information described by |
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Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns |
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entitled "Last Year" and "This Year": |
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(i) "Average Market Value of Residences," |
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determined using the same group of residences for each year; |
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(ii) "Average Taxable Value of Residences," |
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determined after taking into account the limitation on the |
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appraised value of residences under Section 23.23, Tax Code, and |
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after subtracting all homestead exemptions applicable in each year, |
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other than exemptions available only to disabled persons or persons |
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65 years of age or older or their surviving spouses, and using the |
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same group of residences for each year; |
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(iii) "Last Year's Rate Versus Proposed |
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Rate per $100 Value"; and |
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(iv) "Taxes Due on Average Residence," |
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determined using the same group of residences for each year; and |
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(B) contain the following information: "Increase |
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(Decrease) in Taxes" expressed in dollars and cents, which is |
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computed by subtracting the "Taxes Due on Average Residence" for |
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the preceding tax year from the "Taxes Due on Average Residence" for |
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the current tax year; |
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(7) contain the following statement in bold |
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print: "Under state law, the dollar amount of school taxes imposed |
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on the residence of a person 65 years of age or older or of the |
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surviving spouse of such a person, if the surviving spouse was 55 |
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years of age or older when the person died, may not be increased |
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above the amount paid in the first year after the person turned 65, |
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regardless of changes in tax rate or property value."; |
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(8) contain the following statement in bold |
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print: "Notice of Voter Approval Tax [Rollback] Rate: The |
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highest tax rate the district can adopt before requiring voter |
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approval at an election is (the school district voter approval tax |
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[rollback] rate determined under Section 26.08, Tax Code). This |
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election will be automatically held if the district adopts a rate in |
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excess of the voter approval tax [rollback] rate of (the school |
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district voter approval tax [rollback] rate)."; and |
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(9) contain a section entitled "Fund Balances," which |
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must include 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 debt |
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obligation, less estimated funds necessary for the operation of the |
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district before the receipt of the first payment under Chapter 42 in |
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the succeeding school year. |
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(i) A school district that uses a certified estimate, as |
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authorized by Subsection (h), may adopt a budget at the public |
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meeting designated in the notice prepared using the estimate, but |
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the district may not adopt a tax rate before the district receives |
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the certified appraisal roll for the district required by Section |
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26.01(a), Tax Code. After receipt of the certified appraisal roll, |
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the district must publish a revised notice and hold another public |
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meeting before the district may adopt a tax rate that exceeds: |
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(1) the rate proposed in the notice prepared using the |
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estimate; or |
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(2) the district's voter approval tax [rollback] rate |
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determined under Section 26.08, Tax Code, using the certified |
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appraisal roll. |
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SECTION 3. Section 45.261(e), Education Code, is amended to |
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read as follows: |
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(e) Any part of a school district's tax rate attributable to |
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producing revenue for purposes of Subsection (c)(1) is considered |
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part of the district's: |
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(1) current debt rate for purposes of computing a |
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voter approval [rollback] tax rate under Section 26.08, Tax Code; |
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and |
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(2) interest and sinking fund tax rate. |
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SECTION 4. Section 281.107(j), Health and Safety Code, is |
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amended to read as follows: |
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(j) The portion of the rate of ad valorem tax that is to be |
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levied and assessed each year by or for the district that is |
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allocated by the district to the payment of the principal of and the |
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interest on bonds and other obligations or the maintenance of |
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reserves therefor in accordance with this section shall be applied |
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as a payment on current debt in calculating the current debt rate |
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under the applicable voter approval tax rate [rollback] provisions |
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of Chapter 26, Tax Code. |
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SECTION 5. The heading to Section 281.124, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 281.124. ELECTION TO APPROVE TAX RATE IN EXCESS OF |
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VOTER APPROVAL [ROLLBACK] TAX RATE. |
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SECTION 6. Sections 281.124(b), (c), (d), and (e), Health |
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and Safety Code, are amended to read as follows: |
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(b) The board may hold an election at which the registered |
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voters of the district may approve a tax rate for the current tax |
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year that exceeds the district's voter approval [rollback] tax rate |
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for the year computed under Chapter 26, Tax Code, by a specific rate |
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stated in dollars and cents per $100 of taxable value. |
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(c) An election under this section must be held at least 180 |
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days before the date on which the district's tax rate is adopted by |
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the board. At the election, the ballot shall be prepared to permit |
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voting for or against the proposition: "Approving the ad valorem |
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tax rate of $ (insert total proposed tax rate) per $100 valuation in |
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(insert district name) for the (insert current tax year) tax year, a |
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rate that exceeds the district's voter approval [rollback] tax |
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rate. The proposed ad valorem tax rate exceeds the ad valorem tax |
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rate most recently adopted by the district by $ (insert difference |
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between proposed and preceding year's tax rates) per $100 |
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valuation." |
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(d) If a majority of the votes cast in the election favor the |
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proposition, the tax rate for the specified tax year is the rate |
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approved by the voters, and that rate is not subject to a voter |
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approval tax rate [rollback] election under Section 26.07, Tax |
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Code. The board shall adopt the tax rate as provided by Chapter 26, |
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Tax Code. |
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(e) If the proposition is not approved as provided by |
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Subsection (d) [(c)], the board may not adopt a tax rate for the |
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district for the specified tax year that exceeds the rate that was |
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not approved, and Section 26.07, Tax Code, applies to the adopted |
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rate if that rate exceeds the voter approval [rollback] tax rate. |
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SECTION 7. Section 102.007(d), Local Government Code, is |
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amended to read as follows: |
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(d) An adopted budget must contain a cover page that |
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includes: |
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(1) one of the following statements in 18-point or |
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larger type that accurately describes the adopted budget: |
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(A) "This budget will raise more revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of increase), which is a (insert percentage increase) |
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percent increase from last year's budget. The property tax revenue |
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to be raised from new property added to the tax roll this year is |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; |
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(B) "This budget will raise less revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of decrease), which is a (insert percentage decrease) |
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percent decrease from last year's budget. The property tax revenue |
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to be raised from new property added to the tax roll this year is |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; or |
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(C) "This budget will raise the same amount of |
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revenue from property taxes as last year's budget. The property |
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tax revenue to be raised from new property added to the tax roll |
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this year is (insert amount computed by multiplying the proposed |
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tax rate by the value of new property added to the roll)."; |
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(2) the record vote of each member of the governing |
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body by name voting on the adoption of the budget; |
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(3) the municipal property tax rates for the preceding |
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fiscal year, and each municipal property tax rate that has been |
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adopted or calculated for the current fiscal year, including: |
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(A) the property tax rate; |
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(B) the effective tax rate; |
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(C) the effective maintenance and operations tax |
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rate; |
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(D) the voter approval [rollback] tax rate; and |
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(E) the debt rate; and |
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(4) the total amount of municipal debt obligations. |
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SECTION 8. Section 111.008(d), Local Government Code, is |
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amended to read as follows: |
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(d) An adopted budget must contain a cover page that |
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includes: |
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(1) one of the following statements in 18-point or |
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larger type that accurately describes the adopted budget: |
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(A) "This budget will raise more revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of increase), which is a (insert percentage increase) |
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percent increase from last year's budget. The property tax revenue |
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to be raised from new property added to the tax roll this year is |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; |
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(B) "This budget will raise less revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of decrease), which is a (insert percentage decrease) |
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percent decrease from last year's budget. The property tax revenue |
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to be raised from new property added to the tax roll this year is |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; or |
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(C) "This budget will raise the same amount of |
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revenue from property taxes as last year's budget. The property |
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tax revenue to be raised from new property added to the tax roll |
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this year is (insert amount computed by multiplying the proposed |
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tax rate by the value of new property added to the roll)."; |
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(2) the record vote of each member of the |
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commissioners court by name voting on the adoption of the budget; |
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(3) the county property tax rates for the preceding |
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fiscal year, and each county property tax rate that has been adopted |
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or calculated for the current fiscal year, including: |
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(A) the property tax rate; |
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(B) the effective tax rate; |
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(C) the effective maintenance and operations tax |
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rate; |
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(D) the voter approval [rollback] tax rate; and |
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(E) the debt rate; and |
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(4) the total amount of county debt obligations. |
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SECTION 9. Section 111.039(d), Local Government Code, is |
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amended to read as follows: |
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(d) An adopted budget must contain a cover page that |
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includes: |
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(1) one of the following statements in 18-point or |
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larger type that accurately describes the adopted budget: |
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(A) "This budget will raise more revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of increase), which is a (insert percentage increase) |
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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 |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; |
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(B) "This budget will raise less revenue from |
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property taxes than last year's budget by an amount of (insert total |
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dollar amount of decrease), which is a (insert percentage decrease) |
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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 |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; or |
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(C) "This budget will raise the same amount of |
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revenue from property taxes as last year's budget. The property |
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tax revenue to be raised from new property added to the tax roll |
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this year is (insert amount computed by multiplying the proposed |
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tax rate by the value of new property added to the roll)."; |
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(2) the record vote of each member of the |
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commissioners court by name voting on the adoption of the budget; |
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(3) the county property tax rates for the preceding |
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fiscal year, and each county property tax rate that has been adopted |
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or calculated for the current fiscal year, including: |
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(A) the property tax rate; |
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(B) the effective tax rate; |
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(C) the effective maintenance and operations tax |
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rate; |
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(D) the voter approval [rollback] tax rate; and |
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(E) the debt rate; and |
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(4) the total amount of county debt obligations. |
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SECTION 10. Section 111.068(c), Local Government Code, is |
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amended to read as follows: |
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(c) An adopted budget must contain a cover page that |
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includes: |
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(1) one of the following statements in 18-point or |
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larger type that accurately describes the adopted budget: |
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(A) "This budget will raise more revenue from |
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property taxes than last year's budget by an amount of (insert total |
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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 |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; |
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(B) "This budget will raise less revenue from |
|
property taxes than last year's budget by an amount of (insert total |
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dollar amount of decrease), which is a (insert percentage decrease) |
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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 |
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(insert amount computed by multiplying the proposed tax rate by the |
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value of new property added to the roll)."; or |
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(C) "This budget will raise the same amount of |
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revenue from property taxes as last year's budget. The property |
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tax revenue to be raised from new property added to the tax roll |
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this year is (insert amount computed by multiplying the proposed |
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tax rate by the value of new property added to the roll)."; |
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(2) the record vote of each member of the |
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commissioners court by name voting on the adoption of the budget; |
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(3) the county property tax rates for the preceding |
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fiscal year, and each county property tax rate that has been adopted |
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or calculated for the current fiscal year, including: |
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(A) the property tax rate; |
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(B) the effective tax rate; |
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(C) the effective maintenance and operations tax |
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rate; |
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(D) the voter approval [rollback] tax rate; and |
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(E) the debt rate; and |
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(4) the total amount of county debt obligations. |
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SECTION 11. Sections 140.010(a), (d), and (e), Local |
|
Government Code, are amended to read as follows: |
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(a) In this section, "effective tax rate" and "voter |
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approval [rollback] tax rate" mean the effective tax rate and voter |
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approval [rollback] tax rate of a county or municipality, as |
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applicable, as calculated under Chapter 26, Tax Code. |
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(d) A county or municipality that proposes a property tax |
|
rate that does not exceed the lower of the effective tax rate or the |
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voter approval [rollback] tax rate shall provide the following |
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notice: |
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"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
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RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
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"A tax rate of $______ per $100 valuation has been proposed by the |
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governing body of (insert name of county or municipality). |
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PROPOSED TAX RATE $______ per $100 |
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PRECEDING YEAR'S TAX RATE $______ per $100 |
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EFFECTIVE TAX RATE $______ per $100 |
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"The effective tax rate is the total tax rate needed to raise the |
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same amount of property tax revenue for (insert name of county or |
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municipality) from the same properties in both the (insert |
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preceding tax year) tax year and the (insert current tax year) tax |
|
year. |
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"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
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FOLLOWS: |
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property tax amount = (rate) x (taxable value of your property) / |
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100 |
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"For assistance or detailed information about tax calculations, |
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please contact: |
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(insert name of county or municipal tax assessor-collector) |
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(insert name of county or municipality) tax |
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assessor-collector |
|
(insert address) |
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(insert telephone number) |
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(insert e-mail address) |
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(insert Internet website address, if applicable)" |
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(e) A county or municipality that proposes a property tax |
|
rate that exceeds the lower of the effective tax rate or the voter |
|
approval [rollback] tax rate shall provide the following notice: |
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"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
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RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
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"A tax rate of $_____ per $100 valuation has been proposed for |
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adoption by the governing body of (insert name of county or |
|
municipality). This rate exceeds the lower of the effective or |
|
voter approval [rollback] tax rate, and state law requires that two |
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public hearings be held by the governing body before adopting the |
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proposed tax rate. The governing body of (insert name of county or |
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municipality) proposes to use revenue attributable to the tax rate |
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increase for the purpose of (description of purpose of increase). |
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PROPOSED TAX RATE$______ per $100 |
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PRECEDING YEAR'S TAX RATE$______ per $100 |
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EFFECTIVE TAX RATE$______ per $100 |
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VOTER APPROVAL [ROLLBACK] TAX RATE$______ per $100 |
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"The effective tax rate is the total tax rate needed to raise the |
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same amount of property tax revenue for (insert name of county or |
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municipality) from the same properties in both the (insert |
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preceding tax year) tax year and the (insert current tax year) tax |
|
year. |
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"The voter approval [rollback] tax rate is the highest tax rate that |
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(insert name of county or municipality) may adopt before voters are |
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entitled to petition for an election to limit the rate that may be |
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approved to the voter approval tax [rollback] rate. |
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"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
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FOLLOWS: |
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property tax amount = (rate) x (taxable value of your property) / |
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100 |
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"For assistance or detailed information about tax calculations, |
|
please contact: |
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(insert name of county or municipal tax assessor-collector) |
|
(insert name of county or municipality) tax |
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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 |
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public hearings on the proposed tax rate: |
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First Hearing: (insert date and time) at (insert location of |
|
meeting). |
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Second Hearing: (insert date and time) at (insert location |
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of meeting)." |
|
SECTION 12. Sections 1063.255(a) and (d), Special District |
|
Local Laws Code, are amended to read as follows: |
|
(a) Notwithstanding Section 26.07(b)(3), Tax Code, a |
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petition to require an election under Section 26.07, Tax Code, on |
|
reducing the district's tax rate to the voter approval [rollback] |
|
tax rate shall be submitted to the Montgomery County elections |
|
administrator instead of to the board. |
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(d) Notwithstanding Section 26.07(d), Tax Code, if the |
|
elections administrator certifies to the board that the petition is |
|
valid or fails to act within the time allowed, the board shall order |
|
that an election under Section 26.07, Tax Code, to determine |
|
whether to reduce the district's tax rate to the voter approval tax |
|
[rollback] rate be held in the district in the manner prescribed by |
|
Section 26.07(d) of that code. |
|
SECTION 13. Section 1122.2522, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1122.2522. VOTER APPROVAL [ROLLBACK] TAX RATE |
|
PROVISIONS APPLICABLE. (a) If in any year the board adopts a tax |
|
rate that exceeds the voter approval [rollback] tax rate calculated |
|
as provided by Chapter 26, Tax Code, the qualified voters of the |
|
district by petition may require that an election be held to |
|
determine whether or not to reduce the tax rate adopted by the board |
|
for that year to the voter approval [rollback] tax rate. |
|
(b) To the extent a conflict exists between this section and |
|
a provision of the Tax Code, the provision of the Tax Code prevails. |
|
SECTION 14. Section 26.012(10), Tax Code, is amended to |
|
read as follows: |
|
(10) "Excess collections" means the amount, if any, by |
|
which debt taxes collected in the preceding year exceeded the |
|
amount anticipated in the preceding year's calculation of the |
|
voter approval tax [rollback] rate, as certified by the collector |
|
under Section 26.04(b) [of this code]. |
|
SECTION 15. The heading to Section 26.04, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
|
EFFECTIVE AND VOTER APPROVAL [ROLLBACK] TAX RATES. |
|
SECTION 16. Sections 26.04(c), (d), (e), (f), (i), and (j), |
|
Tax Code, are amended to read as follows: |
|
(c) An officer or employee designated by the governing body |
|
shall calculate the effective tax rate and the voter approval |
|
[rollback] tax rate for the taxing unit, where: |
|
(1) "Effective tax rate" means a rate expressed in |
|
dollars per $100 of taxable value calculated according to the |
|
following formula: |
|
EFFECTIVE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY |
|
LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) |
|
; and |
|
(2) "Voter approval [Rollback] tax rate" means a rate |
|
expressed in dollars per $100 of taxable value calculated according |
|
to the following formula: |
|
VOTER APPROVAL [ROLLBACK] TAX RATE = (EFFECTIVE |
|
MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
|
RATE |
|
(d) The effective tax rate for a county is the sum of the |
|
effective tax rates calculated for each type of tax the county |
|
levies and the voter approval [rollback] tax rate for a county is |
|
the sum of the voter approval [rollback] tax rates calculated for |
|
each type of tax the county levies. |
|
(e) By August 7 or as soon thereafter as practicable, the |
|
designated officer or employee shall submit the rates to the |
|
governing body. The designated officer or employee [He] shall |
|
deliver by mail to each property owner in the taxing unit or publish |
|
in a newspaper in the form prescribed by the comptroller: |
|
(1) the effective tax rate, the voter approval |
|
[rollback] tax rate, and an explanation of how they were |
|
calculated; |
|
(2) the estimated amount of interest and sinking fund |
|
balances and the estimated amount of maintenance and operation or |
|
general fund balances remaining at the end of the current fiscal |
|
year that are not encumbered with or by corresponding existing debt |
|
obligation; |
|
(3) a schedule of the taxing unit's debt obligations |
|
showing: |
|
(A) the amount of principal and interest that |
|
will be paid to service the taxing unit's debts in the next year |
|
from property tax revenue, including payments of lawfully incurred |
|
contractual obligations providing security for the payment of the |
|
principal of and interest on bonds and other evidences of |
|
indebtedness issued on behalf of the taxing unit by another |
|
political subdivision and, if the taxing unit is created under |
|
Section 52, Article III, or Section 59, Article XVI, Texas |
|
Constitution, payments on debts that the taxing unit anticipates to |
|
incur in the next calendar year; |
|
(B) the amount by which taxes imposed for debt |
|
are to be increased because of the taxing unit's anticipated |
|
collection rate; and |
|
(C) the total of the amounts listed in Paragraphs |
|
(A)-(B), less any amount collected in excess of the previous year's |
|
anticipated collections certified as provided in Subsection (b); |
|
(4) the amount of additional sales and use tax revenue |
|
anticipated in calculations under Section 26.041; |
|
(5) a statement that the adoption of a tax rate equal |
|
to the effective tax rate would result in an increase or decrease, |
|
as applicable, in the amount of taxes imposed by the taxing unit as |
|
compared to last year's levy, and the amount of the increase or |
|
decrease; |
|
(6) in the year that a taxing unit calculates an |
|
adjustment under Subsection (i) or (j), a schedule that includes |
|
the following elements: |
|
(A) the name of the taxing unit discontinuing the |
|
department, function, or activity; |
|
(B) the amount of property tax revenue spent by |
|
the taxing unit listed under Paragraph (A) to operate the |
|
discontinued department, function, or activity in the 12 months |
|
preceding the month in which the calculations required by this |
|
chapter are made; and |
|
(C) the name of the taxing unit that operates a |
|
distinct department, function, or activity in all or a majority of |
|
the territory of a taxing unit that has discontinued operating the |
|
distinct department, function, or activity; and |
|
(7) in the year following the year in which a taxing |
|
unit raised its voter approval tax [rollback] rate as required by |
|
Subsection (j), a schedule that includes the following elements: |
|
(A) the amount of property tax revenue spent by |
|
the taxing unit to operate the department, function, or activity |
|
for which the taxing unit raised the voter approval tax [rollback] |
|
rate as required by Subsection (j) for the 12 months preceding the |
|
month in which the calculations required by this chapter are made; |
|
and |
|
(B) the amount published by the taxing unit in |
|
the preceding tax year under Subdivision (6)(B). |
|
(f) If as a result of consolidation of taxing units a taxing |
|
unit includes territory that was in two or more taxing units in the |
|
preceding year, the amount of taxes imposed in each in the preceding |
|
year is combined for purposes of calculating the effective and |
|
voter approval [rollback] tax rates under this section. |
|
(i) This subsection applies to a taxing unit that has agreed |
|
by written contract to transfer a distinct department, function, or |
|
activity to another taxing unit and discontinues operating that |
|
distinct department, function, or activity if the operation of that |
|
department, function, or activity in all or a majority of the |
|
territory of the taxing unit is continued by another existing |
|
taxing unit or by a new taxing unit. The voter approval [rollback] |
|
tax rate of a taxing unit to which this subsection applies in the |
|
first tax year in which a budget is adopted that does not allocate |
|
revenue to the discontinued department, function, or activity is |
|
calculated as otherwise provided by this section, except that last |
|
year's levy used to calculate the effective maintenance and |
|
operations rate 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 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 voter approval [rollback] tax rate of a taxing |
|
unit to which this subsection applies in the first tax year after |
|
the other taxing unit discontinued the substantially similar |
|
department, function, or activity in which a budget is adopted that |
|
allocates revenue to the department, function, or activity is |
|
calculated as otherwise provided by this section, except that last |
|
year's levy used to calculate the effective maintenance and |
|
operations rate 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 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 17. Sections 26.041(a), (b), (c), and (e), Tax |
|
Code, are amended to read as follows: |
|
(a) In the first year in which an additional sales and use |
|
tax is required to be collected, the effective tax rate and voter |
|
approval [rollback] tax rate for the taxing unit are calculated |
|
according to the following formulas: |
|
EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY |
|
LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] - |
|
SALES TAX GAIN RATE |
|
and |
|
VOTER APPROVAL TAX [ROLLBACK] RATE = (EFFECTIVE |
|
MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
|
RATE - SALES TAX GAIN RATE |
|
where "sales tax gain rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the revenue that will |
|
be generated by the additional sales and use tax in the following |
|
year as calculated under Subsection (d) [of this section] by the |
|
current total value. |
|
(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 voter approval [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: |
|
VOTER APPROVAL TAX [ROLLBACK] 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 effective tax rate and voter approval [rollback] tax |
|
rate for the taxing unit are calculated according to the following |
|
formulas: |
|
EFFECTIVE TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY |
|
LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + |
|
SALES TAX LOSS RATE |
|
and |
|
VOTE APPROVAL [ROLLBACK] TAX RATE = [(LAST YEAR'S |
|
MAINTENANCE AND OPERATIONS EXPENSE x 1.08) / ([TOTAL] |
|
CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + CURRENT |
|
DEBT RATE |
|
where "sales tax loss rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the amount of sales |
|
and use tax revenue generated in the last four quarters for which |
|
the information is available by the current total value and "last |
|
year's maintenance and operations expense" means the amount spent |
|
for maintenance and operations from property tax and additional |
|
sales and use tax revenues in the preceding year. |
|
(e) If a city that imposes an additional sales and use tax |
|
receives payments under the terms of a contract executed before |
|
January 1, 1986, in which the city agrees not to annex certain |
|
property or a certain area and the owners or lessees of the property |
|
or of property in the area agree to pay at least annually to the city |
|
an amount determined by reference to all or a percentage of the |
|
property tax rate of the city and all or a part of the value of the |
|
property subject to the agreement or included in the area subject to |
|
the agreement, the governing body, by order adopted by a majority |
|
vote of the governing body, may direct the designated officer or |
|
employee to add to the effective and voter approval [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 |
|
voter approval [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. |
|
SECTION 18. 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 voter approval |
|
[rollback] and 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 effective or voter approval |
|
[rollback] tax rate refers to that rate as adjusted under this |
|
section. |
|
SECTION 19. The heading to Section 26.045, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.045. VOTER APPROVAL TAX RATE [ROLLBACK] RELIEF FOR |
|
POLLUTION CONTROL REQUIREMENTS. |
|
SECTION 20. Sections 26.045(a), (c), and (i), Tax Code, are |
|
amended to read as follows: |
|
(a) The voter approval [rollback] tax rate for a political |
|
subdivision of this state is increased by the rate that, if applied |
|
to the total current value, would impose an amount of taxes equal to |
|
the amount the political subdivision will spend out of its |
|
maintenance and operation funds under Section 26.012(16) to pay for |
|
a facility, device, or method for the control of air, water, or land |
|
pollution that is necessary to meet the requirements of a permit |
|
issued by the Texas Commission on Environmental Quality. |
|
(c) To receive an adjustment to the voter approval |
|
[rollback] tax rate under this section, a political subdivision |
|
shall present information to the executive director of the Texas |
|
Commission on Environmental Quality in a permit application or in a |
|
request for any exemption from a permit that would otherwise be |
|
required detailing: |
|
(1) the anticipated environmental benefits from the |
|
installation of the facility, device, or method for the control of |
|
air, water, or land pollution; |
|
(2) the estimated cost of the pollution control |
|
facility, device, or method; and |
|
(3) the purpose of the installation of the facility, |
|
device, or method, and the proportion of the installation that is |
|
pollution control property. |
|
(i) A political subdivision of the state seeking an |
|
adjustment in its voter approval [rollback] tax rate under this |
|
section shall provide to its tax assessor a copy of the letter |
|
issued by the executive director of the Texas Commission on |
|
Environmental Quality under Subsection (d). The tax assessor |
|
shall accept the copy of the letter from the executive director as |
|
conclusive evidence that the facility, device, or method is used |
|
wholly or partly as pollution control property and shall adjust the |
|
voter approval [rollback] tax rate for the political subdivision as |
|
provided for by Subsection (a). |
|
SECTION 21. Sections 26.05(d) and (g), Tax Code, are |
|
amended to read as follows: |
|
(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 |
|
voter approval [rollback] tax rate or the 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 voter approval [rollback] tax rate or |
|
the effective tax rate and may not adopt a higher rate unless it |
|
first complies with Section 26.06. |
|
(g) Notwithstanding Subsection (a), the governing body of a |
|
school district that elects to adopt a tax rate before the adoption |
|
of a budget for the fiscal year that begins in the current tax year |
|
may adopt a tax rate for the current tax year before receipt of the |
|
certified appraisal roll for the school district if the chief |
|
appraiser of the appraisal district in which the school district |
|
participates has certified to the assessor for the school district |
|
an estimate of the taxable value of property in the school district |
|
as provided by Section 26.01(e). If a school district adopts a tax |
|
rate under this subsection, the effective tax rate and the voter |
|
approval [rollback] tax rate of the district shall be calculated |
|
based on the certified estimate of taxable value. |
|
SECTION 22. Sections 26.06(b), (d), and (e), Tax Code, are |
|
amended to read as follows: |
|
(b) The notice of a public hearing may not be smaller than |
|
one-quarter page of a standard-size or a tabloid-size newspaper, |
|
and the headline on the notice must be in 24-point or larger |
|
type. The notice must contain a statement in the following form: |
|
"NOTICE OF PUBLIC HEARING ON TAX INCREASE |
|
"The (name of the taxing unit) will hold two public hearings |
|
on a proposal to increase total tax revenues from properties on the |
|
tax roll in the preceding tax year by (percentage by which proposed |
|
tax rate exceeds lower of voter approval [rollback] tax rate or |
|
effective tax rate calculated under this chapter) percent. Your |
|
individual taxes may increase at a greater or lesser rate, or even |
|
decrease, depending on the change in the taxable value of your |
|
property in relation to the change in taxable value of all other |
|
property and the tax rate that is adopted. |
|
"The first public hearing will be held on (date and time) at |
|
(meeting place). |
|
"The second public hearing will be held on (date and time) at |
|
(meeting place). |
|
"(Names of all members of the governing body, showing how |
|
each voted on the proposal to consider the tax increase or, if one |
|
or more were absent, indicating the absences.) |
|
"The average taxable value of a residence homestead in (name |
|
of taxing unit) last year was $____ (average taxable value of a |
|
residence homestead in the taxing unit for the preceding tax year, |
|
disregarding residence homestead exemptions available only to |
|
disabled persons or persons 65 years of age or older). Based on |
|
last year's tax rate of $____ (preceding year's adopted tax rate) |
|
per $100 of taxable value, the amount of taxes imposed last year on |
|
the average home was $____ (tax on average taxable value of a |
|
residence homestead in the taxing unit for the preceding tax year, |
|
disregarding residence homestead exemptions available only to |
|
disabled persons or persons 65 years of age or older). |
|
"The average taxable value of a residence homestead in (name |
|
of taxing unit) this year is $____ (average taxable value of a |
|
residence homestead in the taxing unit for the current tax year, |
|
disregarding residence homestead exemptions available only to |
|
disabled persons or persons 65 years of age or older). If the |
|
governing body adopts the effective tax rate for this year of $____ |
|
(effective tax rate) per $100 of taxable value, the amount of taxes |
|
imposed this year on the average home would be $____ (tax on average |
|
taxable value of a residence homestead in the taxing unit for the |
|
current tax year, disregarding residence homestead exemptions |
|
available only to disabled persons or persons 65 years of age or |
|
older). |
|
"If the governing body adopts the proposed tax rate of $____ |
|
(proposed tax rate) per $100 of taxable value, the amount of taxes |
|
imposed this year on the average home would be $____ (tax on the |
|
average taxable value of a residence in the taxing unit for the |
|
current year disregarding residence homestead exemptions available |
|
only to disabled persons or persons 65 years of age or older). |
|
"Members of the public are encouraged to attend the hearings |
|
and express their views." |
|
(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 voter approval |
|
[rollback] tax rate or 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 voter |
|
approval [rollback] tax rate or the 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 voter approval [rollback] |
|
tax rate or the effective tax rate. |
|
SECTION 23. Sections 26.07(a), (d), and (e), Tax Code, are |
|
amended to read as follows: |
|
(a) If the governing body of a taxing unit other than a |
|
school district adopts a tax rate that exceeds the voter approval |
|
[rollback] tax rate calculated as provided by this chapter, the |
|
qualified voters of the taxing unit by petition may require that an |
|
election be held to determine whether or not to reduce the tax rate |
|
adopted for the current year to the voter approval [rollback] tax |
|
rate calculated as provided by this chapter. |
|
(d) If the governing body finds that the petition is valid |
|
(or fails to act within the time allowed), it shall order that an |
|
election be held in the taxing unit on a date not less than 30 or |
|
more than 90 days after the last day on which it could have acted to |
|
approve or disapprove the petition. A state law requiring local |
|
elections to be held on a specified date does not apply to the |
|
election unless a specified date falls within the time permitted by |
|
this section. At the election, the ballots shall be prepared to |
|
permit voting for or against the proposition: "Reducing the tax |
|
rate in (name of taxing unit) for the current year from (the rate |
|
adopted) to (the voter approval [rollback] tax rate calculated as |
|
provided by this chapter)." |
|
(e) If a majority of the qualified voters voting on the |
|
question in the election favor the proposition, the tax rate for the |
|
taxing unit for the current year is the voter approval [rollback] |
|
tax rate calculated as provided by this chapter; otherwise, the tax |
|
rate for the current year is the one adopted by the governing body. |
|
SECTION 24. Sections 26.08(a), (b), (d), (g), (n), (o), and |
|
(p), Tax Code, are amended to read as follows: |
|
(a) If the governing body of a school district adopts a tax |
|
rate that exceeds the district's voter approval [rollback] tax |
|
rate, the registered voters of the district at an election held for |
|
that purpose must determine whether to approve the adopted tax |
|
rate. When increased expenditure of money by a school district is |
|
necessary to respond to a disaster, including a tornado, hurricane, |
|
flood, or other calamity, but not including a drought, that has |
|
impacted a school district and the governor has requested federal |
|
disaster assistance for the area in which the school district is |
|
located, an election is not required under this section to approve |
|
the tax rate adopted by the governing body for the year following |
|
the year in which the disaster occurs. |
|
(b) The governing body shall order that the election be held |
|
in the school district on a date not less than 30 or more than 90 |
|
days after the day on which it adopted the tax rate. Section |
|
41.001, Election Code, does not apply to the election unless a date |
|
specified by that section falls within the time permitted by this |
|
section. At the election, the ballots shall be prepared to permit |
|
voting for or against the proposition: "Approving the ad valorem |
|
tax rate of $_____ per $100 valuation in (name of school district) |
|
for the current year, a rate that is $_____ higher per $100 |
|
valuation than the school district voter approval [rollback] tax |
|
rate, for the purpose of (description of purpose of |
|
increase)." The ballot proposition must include the adopted tax |
|
rate and the difference between that rate and the voter approval |
|
[rollback] tax rate in the appropriate places. |
|
(d) If the proposition is not approved as provided by |
|
Subsection (c), the governing body may not adopt a tax rate for the |
|
school district for the current year that exceeds the school |
|
district's voter approval [rollback] tax rate. |
|
(g) In a school district that received distributions from an |
|
equalization tax imposed under former Chapter 18, Education Code, |
|
the effective rate of that tax as of the date of the county unit |
|
system's abolition is added to the district's voter approval |
|
[rollback] tax rate. |
|
(n) For purposes of this section, the voter approval |
|
[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 voter approval |
|
[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 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. |
|
(o) For purposes of this section, the voter approval |
|
[rollback] tax rate of a school district whose maintenance and |
|
operations tax rate for the 2005 tax year was greater than $1.50 per |
|
$100 of taxable value is computed in the manner provided by |
|
Subsection (n) except that the maintenance and operations tax rate |
|
per $100 of taxable value adopted by the district for the 2005 tax |
|
year is substituted for $1.50 in a computation under that |
|
subsection. |
|
(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 effective |
|
maintenance and operations tax rate for that preceding tax year, |
|
the voter approval [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 effective maintenance and operations |
|
tax rate for that preceding tax year. |
|
SECTION 25. Sections 26.16(a) and (d), Tax Code, are |
|
amended 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 effective tax rate; |
|
(5) the effective maintenance and operations rate; and |
|
(6) the voter approval [rollback] tax rate. |
|
(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 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 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 voter approval [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 voter approval |
|
tax rate [rollback] election be held if the taxing unit adopts a tax |
|
rate in excess of the taxing unit's voter approval [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 voter approval [rollback] tax rate." |
|
SECTION 26. Sections 49.236(a) and (d), Water Code, as |
|
added by Chapter 335 (S.B. 392), Acts of the 78th Legislature, |
|
Regular Session, 2003, are amended to read as follows: |
|
(a) Before the board adopts an ad valorem tax rate for the |
|
district for debt service, operation and maintenance purposes, or |
|
contract purposes, the board shall give notice of each meeting of |
|
the board at which the adoption of a tax rate will be considered. |
|
The notice must: |
|
(1) contain a statement in substantially the following |
|
form: |
|
"NOTICE OF PUBLIC HEARING ON TAX RATE |
|
"The (name of the district) will hold a public hearing on a |
|
proposed tax rate for the tax year (year of tax levy) on (date and |
|
time) at (meeting place). Your individual taxes may increase or |
|
decrease, depending on the change in the taxable value of your |
|
property in relation to the change in taxable value of all other |
|
property and the tax rate that is adopted. |
|
"(Names of all board members and, if a vote was taken, an |
|
indication of how each voted on the proposed tax rate and an |
|
indication of any absences.)"; |
|
(2) contain the following information: |
|
(A) the district's total adopted tax rate for the |
|
preceding year and the proposed tax rate, expressed as an amount per |
|
$100; |
|
(B) the difference, expressed as an amount per |
|
$100 and as a percent increase or decrease, as applicable, in the |
|
proposed tax rate compared to the adopted tax rate for the preceding |
|
year; |
|
(C) the average appraised value of a residence |
|
homestead in the district in the preceding year and in the current |
|
year; the district's total homestead exemption, other than an |
|
exemption available only to disabled persons or persons 65 years of |
|
age or older, applicable to that appraised value in each of those |
|
years; and the average taxable value of a residence homestead in |
|
the district in each of those years, disregarding any homestead |
|
exemption available only to disabled persons or persons 65 years of |
|
age or older; |
|
(D) the amount of tax that would have been |
|
imposed by the district in the preceding year on a residence |
|
homestead appraised at the average appraised value of a residence |
|
homestead in that year, disregarding any homestead exemption |
|
available only to disabled persons or persons 65 years of age or |
|
older; |
|
(E) the amount of tax that would be imposed by the |
|
district in the current year on a residence homestead appraised at |
|
the average appraised value of a residence homestead in that year, |
|
disregarding any homestead exemption available only to disabled |
|
persons or persons 65 years of age or older, if the proposed tax |
|
rate is adopted; and |
|
(F) the difference between the amounts of tax |
|
calculated under Paragraphs (D) and (E), expressed in dollars and |
|
cents and described as the annual percentage increase or decrease, |
|
as applicable, in the tax to be imposed by the district on the |
|
average residence homestead in the district in the current year if |
|
the proposed tax rate is adopted; and |
|
(3) contain a statement in substantially the following |
|
form: |
|
"NOTICE OF TAXPAYERS' RIGHT TO VOTER APPROVAL TAX RATE [ROLLBACK] |
|
ELECTION |
|
"If taxes on the average residence homestead increase by more |
|
than eight percent, the qualified voters of the district by |
|
petition may require that an election be held to determine whether |
|
to reduce the operation and maintenance tax rate to the voter |
|
approval [rollback] tax rate under Section 49.236(d), Water Code." |
|
(d) If the governing body of a district adopts a combined |
|
debt service, operation and maintenance, and contract tax rate that |
|
would impose more than 1.08 times the amount of tax imposed by the |
|
district in the preceding year on a residence homestead appraised |
|
at the average appraised value of a residence homestead in the |
|
district in that year, disregarding any homestead exemption |
|
available only to disabled persons or persons 65 years of age or |
|
older, the qualified voters of the district by petition may require |
|
that an election be held to determine whether or not to reduce the |
|
tax rate adopted for the current year to the voter approval |
|
[rollback] tax rate in accordance with the procedures provided by |
|
Sections 26.07(b)-(g) and 26.081, Tax Code. For purposes of |
|
Sections 26.07(b)-(g) and this subsection, the voter approval |
|
[rollback] tax rate is the current year's debt service and contract |
|
tax rates plus the operation and maintenance tax rate that would |
|
impose 1.08 times the amount of the operation and maintenance tax |
|
imposed by the district in the preceding year on a residence |
|
homestead appraised at the average appraised value of a residence |
|
homestead in the district in that year, disregarding any homestead |
|
exemption available only to disabled persons or persons 65 years of |
|
age or older. |
|
SECTION 27. Section 49.2361, Water Code, is amended to read |
|
as follows: |
|
Sec. 49.2361. ADDITIONAL NOTICE FOR CERTAIN TAX INCREASES. |
|
If a district proposes to adopt a combined tax rate that would |
|
authorize the qualified voters of the district by petition to |
|
require a voter approval tax rate [rollback] election to be held in |
|
the district, the notice required by Section 49.236 must include a |
|
description of the purpose of the proposed tax increase. |
|
SECTION 28. A reference in law to a "rollback" tax rate |
|
means a "voter approval" tax rate. |
|
SECTION 29. This Act takes effect January 1, 2020. |