By: Harrison H.B. No. 5226
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the calculation of the no-new-revenue tax rate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.04(c), Tax Code, is amended to read as
  follows:
         (c)  After the assessor for the taxing unit submits the
  appraisal roll for the taxing unit to the governing body of the
  taxing unit as required by Subsection (b), an officer or employee
  designated by the governing body shall calculate the no-new-revenue
  tax rate and the voter-approval tax rate for the taxing unit, where:
               (1)  "No-new-revenue tax rate" means a rate expressed
  in dollars per $100 of taxable value calculated according to the
  following formula:
                     NO-NEW-REVENUE TAX RATE = [(]LAST YEAR'S
  LEVY [- LOST PROPERTY LEVY)] / [(]CURRENT TOTAL VALUE
  [- NEW PROPERTY VALUE)]
         ; and
               (2)  "Voter-approval tax rate" means a rate expressed
  in dollars per $100 of taxable value calculated according to the
  following applicable formula:
                     (A)  for a special taxing unit:
                     VOTER-APPROVAL TAX RATE = [(]NO-NEW-REVENUE
  TAX [MAINTENANCE AND OPERATIONS] RATE x 1.08[) +
  CURRENT DEBT RATE]
         ; or
                     (B)  for a taxing unit other than a special taxing
  unit:
         VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE TAX [MAINTENANCE
  AND OPERATIONS] RATE x 1.035) + [(CURRENT DEBT RATE +] UNUSED
  INCREMENT RATE[)]
         SECTION 2.  Sections 26.041(a), (b), and (c), 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 tax rate and
  voter-approval tax rate for the taxing unit are calculated
  according to the following formulas:
                     NO-NEW-REVENUE TAX RATE = [[](LAST YEAR'S
  LEVY [- LOST PROPERTY LEVY)] / [(]CURRENT TOTAL VALUE
  [- NEW PROPERTY VALUE])[]] - SALES TAX GAIN RATE
  and
                     VOTER-APPROVAL TAX RATE FOR SPECIAL TAXING
  UNIT = (NO-NEW-REVENUE TAX [MAINTENANCE AND
  OPERATIONS] RATE x 1.08) [+ (CURRENT DEBT RATE] - SALES
  TAX GAIN RATE[)]
  or
                     VOTER-APPROVAL TAX RATE FOR TAXING UNIT
  OTHER THAN SPECIAL TAXING UNIT = (NO-NEW-REVENUE TAX 
  [MAINTENANCE AND OPERATIONS] RATE x 1.035) + ([CURRENT
  DEBT RATE +] UNUSED INCREMENT 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) by the current total value.
         (b)  Except as provided by Subsections (a) and (c), in a year
  in which a taxing unit imposes an additional sales and use tax, the
  voter-approval 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 RATE FOR SPECIAL TAXING
  UNIT = [(LAST YEAR'S [MAINTENANCE AND OPERATIONS]
  EXPENSE x 1.08) / [(]CURRENT TOTAL VALUE [- NEW
  PROPERTY VALUE)]] [+ (CURRENT DEBT RATE] - SALES TAX
  REVENUE RATE[)]
  or
                     VOTER-APPROVAL TAX RATE FOR TAXING UNIT
  OTHER THAN SPECIAL TAXING UNIT = [(LAST YEAR'S
  [MAINTENANCE AND OPERATIONS] EXPENSE x 1.035) /
  [(]CURRENT TOTAL VALUE [- NEW PROPERTY VALUE)]] +
  ([CURRENT DEBT RATE +] UNUSED INCREMENT 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) 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 tax rate and voter-approval tax
  rate for the taxing unit are calculated according to the following
  formulas:
                     NO-NEW-REVENUE TAX RATE = [[](LAST YEAR'S
  LEVY [- LOST PROPERTY LEVY)] / [(]CURRENT TOTAL VALUE
  [[- NEW PROPERTY VALUE]])[]] + SALES TAX LOSS RATE
  and
                     VOTER-APPROVAL TAX RATE FOR SPECIAL TAXING
  UNIT = [[](LAST YEAR'S [MAINTENANCE AND OPERATIONS]
  EXPENSE x 1.08) / [(]CURRENT TOTAL VALUE [- NEW
  PROPERTY VALUE)] + CURRENT DEBT RATE]
  or
                     VOTER-APPROVAL TAX RATE FOR TAXING UNIT
  OTHER THAN SPECIAL TAXING UNIT = [(LAST YEAR'S
  [MAINTENANCE AND OPERATIONS] EXPENSE x 1.035) /
  [(]CURRENT TOTAL VALUE [- NEW PROPERTY VALUE)]] +
  [(CURRENT DEBT RATE +] UNUSED INCREMENT 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.
         SECTION 3.  This Act takes effect September 1, 2025.