Bill Text: TX HB3 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to ad valorem taxation; authorizing fees.
Spectrum: Partisan Bill (Republican 57-0)
Status: (Introduced - Dead) 2017-07-25 - Left pending in committee [HB3 Detail]
Download: Texas-2017-HB3-Introduced.html
85S10083 SMH/TJB-F | ||
By: Bonnen of Brazoria | H.B. No. 3 |
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relating to ad valorem taxation; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. SHORT TITLE | ||
SECTION 1.01. This Act may be cited as the Property Tax | ||
Payer Empowerment Act of 2017. | ||
ARTICLE 2. ADMINISTRATION OF AD VALOREM TAX SYSTEM | ||
SECTION 2.01. Section 1.085(a), Tax Code, is amended to | ||
read as follows: | ||
(a) Notwithstanding any other provision in this title and | ||
except as provided by this section, any notice, rendition, | ||
application form, or completed application, or information | ||
requested under Section 41.461(a)(2), that is required or permitted | ||
by this title to be delivered between a chief appraiser, an | ||
appraisal district, an appraisal review board, or any combination | ||
of those persons and a property owner or [ |
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owner under Section 1.111(f) may be delivered in an electronic | ||
format if the chief appraiser and the property owner or person | ||
designated by the owner agree under this section. | ||
SECTION 2.02. Chapter 5, Tax Code, is amended by adding | ||
Section 5.01 to read as follows: | ||
Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. | ||
(a) The comptroller shall appoint the property tax administration | ||
advisory board to advise the comptroller with respect to the | ||
division or divisions within the office of the comptroller with | ||
primary responsibility for state administration of property | ||
taxation and state oversight of appraisal districts and local tax | ||
offices. The advisory board may make recommendations to the | ||
comptroller regarding improving the effectiveness and efficiency | ||
of the property tax system, best practices, and complaint | ||
resolution procedures. The comptroller shall post the | ||
recommendations of the advisory board on the comptroller's Internet | ||
website. | ||
(b) The advisory board is composed of at least six members | ||
appointed by the comptroller. The members of the board should | ||
include: | ||
(1) representatives of property tax payers, appraisal | ||
districts, and school districts; and | ||
(2) a person who has knowledge or experience in | ||
conducting ratio studies. | ||
(c) The members of the advisory board serve at the pleasure | ||
of the comptroller. | ||
(d) Any advice to the comptroller relating to a matter | ||
described by Subsection (a) that is provided by a member of the | ||
advisory board must be provided at a meeting called by the | ||
comptroller. | ||
(e) Chapter 2110, Government Code, does not apply to the | ||
advisory board. | ||
SECTION 2.03. Sections 5.041(b), (c), and (e-1), Tax Code, | ||
are amended to read as follows: | ||
(b) A member of the appraisal review board established for | ||
an appraisal district must complete the course established under | ||
Subsection (a). The course must provide at least eight hours of | ||
classroom training and education. A member of the appraisal review | ||
board may not participate in a hearing conducted by the board unless | ||
the person has completed the course established under Subsection | ||
(a) and received a certificate of course completion. | ||
(c) The comptroller may contract with service providers to | ||
assist with the duties imposed under Subsection (a), but the course | ||
required may not be provided by an appraisal district, the chief | ||
appraiser or another employee of an appraisal district, a member of | ||
the board of directors of an appraisal district, a member of an | ||
appraisal review board, or a taxing unit. The comptroller may | ||
assess a fee to recover a portion of the costs incurred for the | ||
training course, but the fee may not exceed $50 per person trained. | ||
If the training is provided to an individual other than a member of | ||
an appraisal review board, the comptroller may assess a fee not to | ||
exceed $50 per person trained. | ||
(e-1) In addition to the course established under | ||
Subsection (a), the comptroller shall approve curricula and provide | ||
materials for use in a continuing education course for members of an | ||
appraisal review board. The course must provide at least four hours | ||
of classroom training and education. The curricula and materials | ||
must include information regarding: | ||
(1) the cost, income, and market data comparison | ||
methods of appraising property; | ||
(2) the appraisal of business personal property; | ||
(3) the determination of capitalization rates for | ||
property appraisal purposes; | ||
(4) the duties of an appraisal review board; | ||
(5) the requirements regarding the independence of an | ||
appraisal review board from the board of directors and the chief | ||
appraiser and other employees of the appraisal district; | ||
(6) the prohibitions against ex parte communications | ||
applicable to appraisal review board members; | ||
(7) the Uniform Standards of Professional Appraisal | ||
Practice; | ||
(8) the duty of the appraisal district to substantiate | ||
the district's determination of the value of property; | ||
(9) the requirements regarding the equal and uniform | ||
appraisal of property; | ||
(10) the right of a property owner to protest the | ||
appraisal of the property as provided by Chapter 41; and | ||
(11) a detailed explanation of each of the actions | ||
described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, | ||
41.42, and 41.43 so that members are fully aware of each of the | ||
grounds on which a property appraisal can be appealed. | ||
SECTION 2.04. Chapter 5, Tax Code, is amended by adding | ||
Section 5.043 to read as follows: | ||
Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section | ||
applies only to persons who have agreed to serve as arbitrators | ||
under Chapter 41A. | ||
(b) The comptroller shall: | ||
(1) approve curricula and provide an arbitration | ||
manual and other materials for use in training and educating | ||
arbitrators; | ||
(2) make all materials for use in training and | ||
educating arbitrators freely available online; and | ||
(3) establish and supervise a training program on | ||
property tax law for the training and education of arbitrators. | ||
(c) The training program must: | ||
(1) emphasize the requirements regarding the equal and | ||
uniform appraisal of property; and | ||
(2) be at least four hours in length. | ||
(d) The training program may be provided online. The | ||
comptroller by rule may prescribe the manner by which the | ||
comptroller may verify that a person taking the training program | ||
online has taken and completed the program. | ||
(e) The comptroller may contract with service providers to | ||
assist with the duties imposed under Subsection (b), but the | ||
training program may not be provided by an appraisal district, the | ||
chief appraiser or another employee of an appraisal district, a | ||
member of the board of directors of an appraisal district, a member | ||
of an appraisal review board, or a taxing unit. The comptroller may | ||
assess a fee to recover a portion of the costs incurred for the | ||
training program, but the fee may not exceed $50 for each person | ||
trained. | ||
(f) The comptroller shall prepare an arbitration manual for | ||
use in the training program. The manual shall be updated regularly | ||
and may be revised on request, in writing, to the comptroller. The | ||
revised language must be approved by the unanimous agreement of a | ||
committee selected by the comptroller and representing, equally, | ||
taxpayers and chief appraisers. The person requesting the revision | ||
must pay the costs of mediation if the comptroller determines that | ||
mediation is required. | ||
SECTION 2.05. Section 5.07, Tax Code, is amended by adding | ||
Subsections (f), (g), (h), and (i) to read as follows: | ||
(f) In conjunction with prescribing a uniform record system | ||
to be used by all appraisal districts as required by Subsection (c), | ||
the comptroller shall prescribe tax rate calculation forms to be | ||
used by the designated officer or employee of each: | ||
(1) taxing unit other than a school district to | ||
calculate and submit the no-new-revenue tax rate and the rollback | ||
tax rate for the unit as required by Chapter 26; and | ||
(2) school district to calculate and submit the | ||
no-new-revenue tax rate, the rollback tax rate, and the rate to | ||
maintain the same amount of state and local revenue per weighted | ||
student that the district received in the school year beginning in | ||
the preceding tax year as required by Chapter 26. | ||
(g) The forms described by Subsection (f) must be in an | ||
electronic format and: | ||
(1) have blanks that can be filled in electronically; | ||
(2) be capable of being certified by the designated | ||
officer or employee after completion as accurately calculating the | ||
applicable tax rates and using values that are the same as the | ||
values shown in the taxing unit's certified appraisal roll; and | ||
(3) be capable of being submitted electronically to | ||
the chief appraiser of each appraisal district in which the taxing | ||
unit is located. | ||
(h) For purposes of Subsections (f) and (g), the comptroller | ||
shall use the forms published on the comptroller's Internet website | ||
as of January 1, 2017, as modified as necessary to comply with the | ||
requirements of those subsections. The forms may be updated at the | ||
discretion of the comptroller to reflect any statutory change in | ||
the values used to calculate a tax rate or to reflect formatting or | ||
other nonsubstantive changes. | ||
(i) The comptroller may revise the forms to reflect | ||
statutory changes other than those described by Subsection (h) or | ||
on receipt of a request in writing. A revision under this | ||
subsection must be approved by the agreement of a majority of the | ||
members of a committee selected by the comptroller who are present | ||
at a committee meeting at which a quorum is present. The members of | ||
the committee must represent, equally, taxpayers and either taxing | ||
units or persons designated by taxing units. In the case of a | ||
revision for which the comptroller receives a request in writing, | ||
the person requesting the revision shall pay the costs of mediation | ||
if the comptroller determines that mediation is required. | ||
SECTION 2.06. Section 5.091, Tax Code, is amended to read as | ||
follows: | ||
Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the | ||
comptroller shall prepare a list that includes the total tax rate | ||
imposed by each taxing unit in this state, as [ |
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appraisal district, for the year [ |
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list is prepared. The comptroller shall: | ||
(1) prescribe the manner in which and deadline by | ||
which appraisal districts are required to submit the tax rates to | ||
the comptroller; and | ||
(2) list the tax rates alphabetically according to: | ||
(A) the county or counties in which each taxing | ||
unit is located; and | ||
(B) the name of each taxing unit [ |
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(b) Not later than January 1 [ |
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Internet website the list required by Subsection (a). | ||
SECTION 2.07. Section 5.102(a), Tax Code, is amended to | ||
read as follows: | ||
(a) At least once every two years, the comptroller shall | ||
review the governance of each appraisal district, taxpayer | ||
assistance provided, and the operating and appraisal standards, | ||
procedures, and methodology used by each appraisal district, to | ||
determine compliance with generally accepted standards, | ||
procedures, and methodology. After consultation with the property | ||
tax administration advisory board [ |
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procedures and standards for conducting and scoring the review. | ||
SECTION 2.08. Chapter 5, Tax Code, is amended by adding | ||
Section 5.104 to read as follows: | ||
Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The | ||
comptroller shall prepare: | ||
(1) an appraisal review board survey form that allows | ||
an individual described by Subsection (b) to submit comments and | ||
suggestions to the comptroller regarding an appraisal review board; | ||
and | ||
(2) instructions for completing and submitting the | ||
form. | ||
(b) The following individuals may complete and submit a | ||
survey form under this section: | ||
(1) a property owner who files a motion under Section | ||
25.25 to correct the appraisal roll or a protest under Chapter 41; | ||
(2) the designated agent of the property owner; or | ||
(3) a designated representative of the appraisal | ||
district in which the motion or protest is filed who attends the | ||
hearing on the motion or protest. | ||
(c) The survey form must allow an individual to submit | ||
comments and suggestions regarding: | ||
(1) the matters listed in Section 5.103(b); and | ||
(2) any other matter related to the fairness and | ||
efficiency of the appraisal review board. | ||
(d) An appraisal district must provide the survey form and | ||
the instructions for completing and submitting the form to each | ||
property owner or designated agent of the owner: | ||
(1) at or before each hearing conducted under Section | ||
25.25 or Chapter 41 by the appraisal review board established for | ||
the appraisal district or by a panel of the board; and | ||
(2) with each order under Section 25.25 or 41.47 | ||
determining a motion or protest, as applicable, delivered by the | ||
board or by a panel of the board. | ||
(e) An individual who elects to submit the survey form must | ||
submit the form to the comptroller as provided by this section. An | ||
appraisal district may not accept a survey form submitted under | ||
this section. An individual may submit only one survey form for | ||
each motion or protest. | ||
(f) The comptroller shall allow an individual to submit a | ||
survey form to the comptroller in the following manner: | ||
(1) in person; | ||
(2) by mail; | ||
(3) by electronic mail; or | ||
(4) through a web page on the comptroller's Internet | ||
website that allows the individual to complete and submit the form. | ||
(g) An appraisal district may not require a property owner | ||
or the designated agent of the owner to complete a survey form at | ||
the appraisal office in order to be permitted to submit the form to | ||
the comptroller. | ||
(h) A property owner or the designated agent of the owner | ||
who elects to submit a survey form provided to the owner or agent | ||
under Subsection (d)(1) or (2) must submit the form not later than | ||
the earlier of the 45th day after the date: | ||
(1) the form is sent to the owner or agent under | ||
Subsection (d)(2); or | ||
(2) the matter that is the subject of the protest is | ||
finally resolved if the protest is settled or otherwise resolved in | ||
a manner that does not require the issuance of an order described by | ||
Subsection (d)(2). | ||
(i) A designated representative of an appraisal district | ||
who elects to submit a survey form following a hearing conducted | ||
under Section 25.25 or Chapter 41 must submit the form not later | ||
than the 45th day after the date the form is sent to the property | ||
owner or designated agent of the owner under Subsection (d)(2) | ||
following that hearing. | ||
(j) The comptroller shall issue an annual report that | ||
summarizes the information included in the survey forms submitted | ||
during the preceding year. The report may not disclose the identity | ||
of an individual who submitted a survey form. | ||
(k) The comptroller may adopt rules necessary to implement | ||
this section. | ||
SECTION 2.09. Section 6.41, Tax Code, is amended by | ||
amending Subsections (b) and (d-9) and adding Subsections (b-1), | ||
(b-2), and (d-10) to read as follows: | ||
(b) Except as provided by Subsection (b-1) or (b-2), an | ||
appraisal review [ |
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(b-1) An appraisal [ |
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directors by resolution of a majority of the board's [ |
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may increase the size of the district's appraisal review board to | ||
the number of members the board of directors considers appropriate. | ||
(b-2) An appraisal district board of directors for a | ||
district established in a county with a population of one million or | ||
more by resolution of a majority of the board's members shall | ||
increase the size of the district's appraisal review board to the | ||
number of members the board of directors considers appropriate to | ||
manage the duties of the appraisal review board, including the | ||
duties of each special panel established under Section 6.425. | ||
(d-9) In selecting individuals who are to serve as members | ||
of the appraisal review board, the local administrative district | ||
judge shall select an adequate number of qualified individuals to | ||
permit the chairman of the appraisal review board to fill the | ||
positions on each special panel established under Section 6.425. | ||
(d-10) Upon selection of the individuals who are to serve as | ||
members of the appraisal review board, the local administrative | ||
district judge shall enter an appropriate order designating such | ||
members and setting each member's respective term of office, as | ||
provided elsewhere in this section. | ||
SECTION 2.10. Sections 6.412(a) and (d), Tax Code, are | ||
amended to read as follows: | ||
(a) An individual is ineligible to serve on an appraisal | ||
review board if the individual: | ||
(1) is related within the second degree by | ||
consanguinity or affinity, as determined under Chapter 573, | ||
Government Code, to an individual who is engaged in the business of | ||
appraising property for compensation for use in proceedings under | ||
this title or of representing property owners for compensation in | ||
proceedings under this title in the appraisal district for which | ||
the appraisal review board is established; | ||
(2) owns property on which delinquent taxes have been | ||
owed to a taxing unit for more than 60 days after the date the | ||
individual knew or should have known of the delinquency unless: | ||
(A) the delinquent taxes and any penalties and | ||
interest are being paid under an installment payment agreement | ||
under Section 33.02; or | ||
(B) a suit to collect the delinquent taxes is | ||
deferred or abated under Section 33.06 or 33.065; or | ||
(3) is related within the third degree by | ||
consanguinity or within the second degree by affinity, as | ||
determined under Chapter 573, Government Code, to a member of: | ||
(A) the appraisal district's board of directors; | ||
or | ||
(B) the appraisal review board. | ||
(d) A person is ineligible to serve on the appraisal review | ||
board of an appraisal district established for a county described | ||
by Section 6.41(d-1) [ |
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the person: | ||
(1) is a former member of the board of directors, | ||
former officer, or former employee of the appraisal district; | ||
(2) served as a member of the governing body or officer | ||
of a taxing unit for which the appraisal district appraises | ||
property, until the fourth anniversary of the date the person | ||
ceased to be a member or officer; [ |
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(3) appeared before the appraisal review board for | ||
compensation during the two-year period preceding the date the | ||
person is appointed; or | ||
(4) served for all or part of three previous terms as a | ||
board member or auxiliary board member on the appraisal review | ||
board. | ||
SECTION 2.11. Section 6.414(d), Tax Code, is amended to | ||
read as follows: | ||
(d) An auxiliary board member may hear taxpayer protests | ||
before the appraisal review board. An auxiliary board member may | ||
not hear taxpayer protests before a special panel established under | ||
Section 6.425 unless the member is eligible to be appointed to the | ||
special panel. If one or more auxiliary board members sit on a | ||
panel established under Section 6.425 or 41.45 to conduct a protest | ||
hearing, the number of regular appraisal review board members | ||
required by that section to constitute the panel is reduced by the | ||
number of auxiliary board members sitting. An auxiliary board | ||
member sitting on a panel is considered a regular board member for | ||
all purposes related to the conduct of the hearing. | ||
SECTION 2.12. Section 6.42, Tax Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) A majority of the appraisal review board constitutes a | ||
quorum. The local administrative district judge under Subchapter | ||
D, Chapter 74, Government Code, in the county in which [ |
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shall select a chairman and a secretary from among the members of | ||
the appraisal review board. The judge [ |
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any, who has a background in law and property appraisal. | ||
(d) The concurrence of a majority of the members of the | ||
appraisal review board or a panel of the board present at a meeting | ||
of the board or panel is sufficient for a recommendation, | ||
determination, decision, or other action by the board or panel, and | ||
the concurrence of more than a majority of the members of the board | ||
or panel may not be required. | ||
SECTION 2.13. Subchapter C, Chapter 6, Tax Code, is amended | ||
by adding Section 6.425 to read as follows: | ||
Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN | ||
CERTAIN DISTRICTS. (a) This section applies only to the appraisal | ||
review board for an appraisal district described by Section | ||
6.41(b-2). | ||
(b) The appraisal review board shall establish special | ||
panels to conduct protest hearings under Chapter 41 relating to | ||
property that: | ||
(1) has an appraised value of $50 million or more as | ||
determined by the appraisal district; and | ||
(2) is included in one of the following | ||
classifications: | ||
(A) commercial real and personal property; | ||
(B) real and personal property of utilities; | ||
(C) industrial and manufacturing real and | ||
personal property; and | ||
(D) multifamily residential real property. | ||
(c) Each special panel described by this section consists of | ||
three members of the appraisal review board appointed by the | ||
chairman of the board. | ||
(d) To be eligible to be appointed to a special panel | ||
described by this section, a member of the appraisal review board | ||
must: | ||
(1) hold a juris doctor or equivalent degree; | ||
(2) hold a master of business administration degree; | ||
(3) be licensed as a certified public accountant under | ||
Chapter 901, Occupations Code; | ||
(4) be accredited by the American Society of | ||
Appraisers as an accredited senior appraiser; | ||
(5) possess an MAI professional designation from the | ||
Appraisal Institute; | ||
(6) possess a Certified Assessment Evaluator (CAE) | ||
professional designation from the International Association of | ||
Assessing Officers; | ||
(7) have at least 20 years of experience in property | ||
tax appraisal or consulting; or | ||
(8) be licensed as a real estate broker or sales agent | ||
under Chapter 1101, Occupations Code. | ||
(e) Notwithstanding Subsection (d), the chairman of the | ||
appraisal review board may appoint to a special panel described by | ||
this section a member of the appraisal review board who does not | ||
meet the qualifications prescribed by that subsection if: | ||
(1) the number of persons appointed to the board by the | ||
local administrative district judge who meet those qualifications | ||
is not sufficient to fill the positions on each special panel; and | ||
(2) the board member being appointed to the panel | ||
holds a bachelor's degree in any field. | ||
(f) In addition to conducting protest hearings relating to | ||
property described by Subsection (b) of this section, a special | ||
panel may conduct protest hearings under Chapter 41 relating to | ||
property not described by Subsection (b) of this section as | ||
assigned by the chairman of the appraisal review board. | ||
SECTION 2.14. Effective January 1, 2019, Section 25.19, Tax | ||
Code, is amended by adding Subsections (b-3) and (b-4) to read as | ||
follows: | ||
(b-3) This subsection applies only to an appraisal district | ||
described by Section 6.41(b-2). In addition to the information | ||
required by Subsection (b), the chief appraiser shall state in a | ||
notice of appraised value of property described by Section 6.425(b) | ||
that the property owner has the right to have a protest relating to | ||
the property heard by a special panel of the appraisal review board. | ||
(b-4) Subsection (b)(5) applies only to a notice of | ||
appraised value required to be delivered by the chief appraiser of | ||
an appraisal district established in a county with a population of | ||
less than 120,000. This subsection expires January 1, 2020. | ||
SECTION 2.15. (a) This section takes effect only if Article | ||
3 of this Act does not take effect. | ||
(b) Effective January 1, 2020, Sections 25.19(b) and (i), | ||
Tax Code, are amended to read as follows: | ||
(b) The chief appraiser shall separate real from personal | ||
property and include in the notice for each: | ||
(1) a list of the taxing units in which the property is | ||
taxable; | ||
(2) the appraised value of the property in the | ||
preceding year; | ||
(3) the taxable value of the property in the preceding | ||
year for each taxing unit taxing the property; | ||
(4) the appraised value of the property for the | ||
current year, the kind and amount of each exemption and partial | ||
exemption, if any, approved for the property for the current year | ||
and for the preceding year, and, if an exemption or partial | ||
exemption that was approved for the preceding year was canceled or | ||
reduced for the current year, the amount of the exemption or partial | ||
exemption canceled or reduced; | ||
(5) [ |
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[ |
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statement: "The Texas Legislature does not set the amount of your | ||
local taxes. Your property tax burden is decided by your locally | ||
elected officials, and all inquiries concerning your taxes should | ||
be directed to those officials"; | ||
(6) [ |
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procedure for protesting the value; | ||
(7) [ |
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board will begin hearing protests; and | ||
(8) [ |
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of each taxing unit decides whether or not taxes on the property | ||
will increase and the appraisal district only determines the value | ||
of the property. | ||
(i) Delivery with a notice required by Subsection (a) or (g) | ||
of a copy of the pamphlet published by the comptroller under Section | ||
5.06 or a copy of the notice published by the chief appraiser under | ||
Section 41.70 is sufficient to comply with the requirement that the | ||
notice include the information specified by Subsection (b)(6) | ||
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SECTION 2.16. Section 25.25(c), Tax Code, is amended to | ||
read as follows: | ||
(c) The appraisal review board, on motion of the chief | ||
appraiser or of a property owner, may direct by written order | ||
changes in the appraisal roll for any of the five preceding years to | ||
correct: | ||
(1) clerical errors that affect a property owner's | ||
liability for a tax imposed in that tax year; | ||
(2) multiple appraisals of a property in that tax | ||
year; | ||
(3) the inclusion of property that does not exist in | ||
the form or at the location described in the appraisal roll; [ |
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(4) an error in which property is shown as owned by a | ||
person who did not own the property on January 1 of that tax year; or | ||
(5) an error in the square footage of a property | ||
described in the appraisal roll and any error in the appraised value | ||
of the property that resulted from that error. | ||
SECTION 2.17. Section 26.012(9), Tax Code, is redesignated | ||
as Section 26.012(18), Tax Code, and amended to read as follows: | ||
(18) "No-new-revenue [ |
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and operations rate" means a rate expressed in dollars per $100 of | ||
taxable value and calculated according to the following formula: | ||
NO-NEW-REVENUE [ |
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RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST | ||
YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - | ||
NEW PROPERTY VALUE) | ||
SECTION 2.18. The heading to Section 26.04, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; | ||
NO-NEW-REVENUE [ |
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SECTION 2.19. Section 26.04, Tax Code, is amended by | ||
amending Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and | ||
(j) and adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) to | ||
read as follows: | ||
(b) The assessor shall submit the appraisal roll for the | ||
unit showing the total appraised, assessed, and taxable values of | ||
all property and the total taxable value of new property to the | ||
governing body of the unit by August 1 or as soon thereafter as | ||
practicable. By August 1 or as soon thereafter as practicable, the | ||
taxing unit's collector shall certify [ |
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anticipated collection rate, as defined by Subsection (h), for the | ||
current year to the governing body. If the collector certified an | ||
anticipated collection rate in the preceding year and the actual | ||
collection rate in that year exceeded the anticipated rate, the | ||
collector shall also certify the amount of debt taxes collected in | ||
excess of the anticipated amount in the preceding year. | ||
(c) After the assessor for the unit submits the appraisal | ||
roll for the unit to the governing body of the unit as required by | ||
Subsection (b), an [ |
||
governing body shall calculate the no-new-revenue [ |
||
rate and the rollback tax rate for the unit, where: | ||
(1) "No-new-revenue [ |
||
expressed in dollars per $100 of taxable value calculated according | ||
to the following formula: | ||
NO-NEW-REVENUE [ |
||
LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - | ||
NEW PROPERTY VALUE) | ||
; and | ||
(2) "Rollback tax rate" means a rate expressed in | ||
dollars per $100 of taxable value calculated according to the | ||
following formula: | ||
ROLLBACK TAX RATE = (NO-NEW-REVENUE [ |
||
AND OPERATIONS RATE x 1.08) + CURRENT DEBT RATE | ||
(d) The no-new-revenue [ |
||
the sum of the no-new-revenue [ |
||
each type of tax the county levies and the rollback tax rate for a | ||
county is the sum of the rollback tax rates calculated for each type | ||
of tax the county levies. | ||
(d-1) The designated officer or employee shall use the tax | ||
rate calculation forms prescribed by the comptroller under Section | ||
5.07 in calculating the no-new-revenue tax rate and the rollback | ||
tax rate. | ||
(d-2) The designated officer or employee may not submit the | ||
no-new-revenue tax rate and the rollback tax rate to the governing | ||
body of the taxing unit and the unit may not adopt a tax rate until | ||
the designated officer or employee certifies on the tax rate | ||
calculation forms that the designated officer or employee has | ||
accurately calculated the tax rates and has used values that are the | ||
same as the values shown in the unit's certified appraisal roll in | ||
performing the calculations. | ||
(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 [ |
||
deliver by mail to each property owner in the unit or publish in a | ||
newspaper and may post prominently on the home page of the unit's | ||
Internet website, if applicable, in the form prescribed by the | ||
comptroller: | ||
(1) the no-new-revenue [ |
||
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 unit's debt obligations showing: | ||
(A) the amount of principal and interest that | ||
will be paid to service the unit's debts in the next year from | ||
property tax revenue, including payments of lawfully incurred | ||
contractual obligations providing security for the payment of the | ||
principal of and interest on bonds and other evidences of | ||
indebtedness issued on behalf of the unit by another political | ||
subdivision and, if the unit is created under Section 52, Article | ||
III, or Section 59, Article XVI, Texas Constitution, payments on | ||
debts that the 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 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 no-new-revenue [ |
||
increase or decrease, as applicable, in the amount of taxes imposed | ||
by the unit as compared to last year's levy, and the amount of the | ||
increase or decrease; | ||
(6) in the year that a taxing unit calculates an | ||
adjustment under Subsection (i) or (j), a schedule that includes | ||
the following elements: | ||
(A) the name of the unit discontinuing the | ||
department, function, or activity; | ||
(B) the amount of property tax revenue spent by | ||
the unit listed under Paragraph (A) to operate the discontinued | ||
department, function, or activity in the 12 months preceding the | ||
month in which the calculations required by this chapter are made; | ||
and | ||
(C) the name of the unit that operates a distinct | ||
department, function, or activity in all or a majority of the | ||
territory of a taxing unit that has discontinued operating the | ||
distinct department, function, or activity; and | ||
(7) in the year following the year in which a taxing | ||
unit raised its rollback tax rate as required by Subsection (j), a | ||
schedule that includes the following elements: | ||
(A) the amount of property tax revenue spent by | ||
the unit to operate the department, function, or activity for which | ||
the taxing unit raised the rollback tax rate as required by | ||
Subsection (j) for the 12 months preceding the month in which the | ||
calculations required by this chapter are made; and | ||
(B) the amount published by the unit in the | ||
preceding tax year under Subdivision (6)(B). | ||
(e-1) The tax rate certification requirements imposed by | ||
Subsection (d-2) and the notice requirements imposed by Subsections | ||
(e)(1)-(6) do not apply to a school district. | ||
(e-2) By August 7 or as soon thereafter as practicable, the | ||
chief appraiser of each appraisal district shall deliver by regular | ||
mail or e-mail to each owner of property located in the appraisal | ||
district a notice that the estimated amount of taxes to be imposed | ||
on the owner's property by each taxing unit in which the property is | ||
located may be found in the property tax database maintained by the | ||
appraisal district under Section 26.17. The notice must include: | ||
(1) the following statement: | ||
"PROPOSED (tax year) PROPERTY TAX BILL INFORMATION | ||
"Information concerning the property taxes that may be | ||
imposed on your property by local taxing units, the dates and | ||
locations of any public hearings on the tax rates of the taxing | ||
units, and the dates and locations of meetings of the governing | ||
bodies of the taxing units to vote on the tax rates, together with | ||
other important property tax information, may be found at the | ||
website listed below: | ||
"(address of the Internet website at which the information | ||
may be found)."; | ||
(2) a statement that the property owner may request | ||
from the county assessor-collector contact information for the | ||
assessor for each taxing unit in which the property is located, who | ||
must provide the information described by this subsection to the | ||
owner on request; and | ||
(3) the address and telephone number of the county | ||
assessor-collector. | ||
(e-3) The heading of the statement described by Subsection | ||
(e-2)(1) must be in bold, capital letters in typeset larger than | ||
that used in the other provisions of the notice. | ||
(e-4) The comptroller may adopt rules regarding the format | ||
and delivery of the notice required by Subsection (e-2). | ||
(f) If as a result of consolidation of taxing units a taxing | ||
unit includes territory that was in two or more taxing units in the | ||
preceding year, the amount of taxes imposed in each in the preceding | ||
year is combined for purposes of calculating the no-new-revenue | ||
[ |
||
(g) A person who owns taxable property is entitled to an | ||
injunction prohibiting the taxing unit in which the property is | ||
taxable from adopting a tax rate if the assessor or designated | ||
officer or employee of the unit, the chief appraiser of the | ||
applicable appraisal district, or the taxing unit, as applicable, | ||
has not complied with the computation, [ |
||
requirements of this section or Section 26.17 or 26.18 [ |
||
|
||
(i) This subsection applies to a taxing unit that has agreed | ||
by written contract to transfer a distinct department, function, or | ||
activity to another taxing unit and discontinues operating that | ||
distinct department, function, or activity if the operation of that | ||
department, function, or activity in all or a majority of the | ||
territory of the taxing unit is continued by another existing | ||
taxing unit or by a new taxing unit. The rollback tax rate of a | ||
taxing unit to which this subsection applies in the first tax year | ||
in which a budget is adopted that does not allocate revenue to the | ||
discontinued department, function, or activity is calculated as | ||
otherwise provided by this section, except that last year's levy | ||
used to calculate the no-new-revenue [ |
||
operations rate of the unit is reduced by the amount of maintenance | ||
and operations tax revenue spent by the taxing unit to operate the | ||
department, function, or activity for the 12 months preceding the | ||
month in which the calculations required by this chapter are made | ||
and in which the unit operated the discontinued department, | ||
function, or activity. If the unit did not operate that department, | ||
function, or activity for the full 12 months preceding the month in | ||
which the calculations required by this chapter are made, the unit | ||
shall reduce last year's levy used for calculating the | ||
no-new-revenue [ |
||
unit by the amount of the revenue spent in the last full fiscal year | ||
in which the unit operated the discontinued department, function, | ||
or activity. | ||
(j) This subsection applies to a taxing unit that had agreed | ||
by written contract to accept the transfer of a distinct | ||
department, function, or activity from another taxing unit and | ||
operates a distinct department, function, or activity if the | ||
operation of a substantially similar department, function, or | ||
activity in all or a majority of the territory of the taxing unit | ||
has been discontinued by another taxing unit, including a dissolved | ||
taxing unit. The rollback tax rate of a taxing unit to which this | ||
subsection applies in the first tax year after the other taxing unit | ||
discontinued the substantially similar department, function, or | ||
activity in which a budget is adopted that allocates revenue to the | ||
department, function, or activity is calculated as otherwise | ||
provided by this section, except that last year's levy used to | ||
calculate the no-new-revenue [ |
||
operations rate of the unit is increased by the amount of | ||
maintenance and operations tax revenue spent by the taxing unit | ||
that discontinued operating the substantially similar department, | ||
function, or activity to operate that department, function, or | ||
activity for the 12 months preceding the month in which the | ||
calculations required by this chapter are made and in which the unit | ||
operated the discontinued department, function, or activity. If | ||
the unit did not operate the discontinued department, function, or | ||
activity for the full 12 months preceding the month in which the | ||
calculations required by this chapter are made, the unit may | ||
increase last year's levy used to calculate the no-new-revenue | ||
[ |
||
exceed the amount of property tax revenue spent by the | ||
discontinuing unit to operate the discontinued department, | ||
function, or activity in the last full fiscal year in which the | ||
discontinuing unit operated the department, function, or activity. | ||
SECTION 2.20. Sections 26.041(a), (b), (c), (e), (g), and | ||
(h), Tax Code, are amended to read as follows: | ||
(a) In the first year in which an additional sales and use | ||
tax is required to be collected, the no-new-revenue [ |
||
rate and rollback tax rate for the unit are calculated according to | ||
the following formulas: | ||
NO-NEW-REVENUE [ |
||
LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW | ||
PROPERTY VALUE)] - SALES TAX GAIN RATE | ||
and | ||
ROLLBACK TAX RATE = (NO-NEW-REVENUE [ |
||
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) [ |
||
current total value. | ||
(b) Except as provided by Subsections (a) and (c) [ |
||
|
||
sales and use tax, the rollback tax rate for the unit is calculated | ||
according to the following formula, regardless of whether the unit | ||
levied a property tax in the preceding year: | ||
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND | ||
OPERATIONS EXPENSE x 1.08) / ([ |
||
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) [ |
||
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 for the unit are calculated according to the following | ||
formulas: | ||
NO-NEW-REVENUE [ |
||
LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW | ||
PROPERTY VALUE)] + SALES TAX LOSS RATE | ||
and | ||
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND | ||
OPERATIONS EXPENSE x 1.08) / ([ |
||
VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE | ||
where "sales tax loss rate" means a number expressed in dollars per | ||
$100 of taxable value, calculated by dividing the amount of sales | ||
and use tax revenue generated in the last four quarters for which | ||
the information is available by the current total value and "last | ||
year's maintenance and operations expense" means the amount spent | ||
for maintenance and operations from property tax and additional | ||
sales and use tax revenues in the preceding year. | ||
(e) If a city that imposes an additional sales and use tax | ||
receives payments under the terms of a contract executed before | ||
January 1, 1986, in which the city agrees not to annex certain | ||
property or a certain area and the owners or lessees of the property | ||
or of property in the area agree to pay at least annually to the city | ||
an amount determined by reference to all or a percentage of the | ||
property tax rate of the city and all or a part of the value of the | ||
property subject to the agreement or included in the area subject to | ||
the agreement, the governing body, by order adopted by a majority | ||
vote of the governing body, may direct the designated officer or | ||
employee to add to the no-new-revenue [ |
||
rates the amount that, when applied to the total taxable value | ||
submitted to the governing body, would produce an amount of taxes | ||
equal to the difference between the total amount of payments for the | ||
tax year under contracts described by this subsection under the | ||
rollback tax rate calculated under this section and the total | ||
amount of payments for the tax year that would have been obligated | ||
to the city if the city had not adopted an additional sales and use | ||
tax. | ||
(g) If the rate of the additional sales and use tax is | ||
increased, the designated officer or employee shall make two | ||
projections, in the manner provided by Subsection (d) [ |
||
|
||
tax in the following year. The first projection must take into | ||
account the increase and the second projection must not take into | ||
account the increase. The designated officer or employee shall | ||
then subtract the amount of the result of the second projection from | ||
the amount of the result of the first projection to determine the | ||
revenue generated as a result of the increase in the additional | ||
sales and use tax. In the first year in which an additional sales | ||
and use tax is increased, the no-new-revenue [ |
||
for the unit is the no-new-revenue [ |
||
increase minus a number the numerator of which is the revenue | ||
generated as a result of the increase in the additional sales and | ||
use tax, as determined under this subsection, and the denominator | ||
of which is the current total value minus the new property value. | ||
(h) If the rate of the additional sales and use tax is | ||
decreased, the designated officer or employee shall make two | ||
projections, in the manner provided by Subsection (d) [ |
||
|
||
tax in the following year. The first projection must take into | ||
account the decrease and the second projection must not take into | ||
account the decrease. The designated officer or employee shall | ||
then subtract the amount of the result of the first projection from | ||
the amount of the result of the second projection to determine the | ||
revenue lost as a result of the decrease in the additional sales and | ||
use tax. In the first year in which an additional sales and use tax | ||
is decreased, the no-new-revenue [ |
||
is the no-new-revenue [ |
||
a number the numerator of which is the revenue lost as a result of | ||
the decrease in the additional sales and use tax, as determined | ||
under this subsection, and the denominator of which is the current | ||
total value minus the new property value. | ||
SECTION 2.21. The heading to Section 26.043, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [ |
||
RATES [ |
||
SECTION 2.22. Sections 26.043(a) and (b), Tax Code, are | ||
amended to read as follows: | ||
(a) In the tax year in which a city has set an election on | ||
the question of whether to impose a local sales and use tax under | ||
Subchapter H, Chapter 453, Transportation Code, the officer or | ||
employee designated to make the calculations provided by Section | ||
26.04 may not make those calculations until the outcome of the | ||
election is determined. If the election is determined in favor of | ||
the imposition of the tax, the representative shall subtract from | ||
the city's rollback and no-new-revenue [ |
||
amount that, if applied to the city's current total value, would | ||
impose an amount equal to the amount of property taxes budgeted in | ||
the current tax year to pay for expenses related to mass transit | ||
services. | ||
(b) In a tax year to which this section applies, a reference | ||
in this chapter to the city's no-new-revenue [ |
||
rollback tax rate refers to that rate as adjusted under this | ||
section. | ||
SECTION 2.23. The heading to Section 26.044, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.044. NO-NEW-REVENUE [ |
||
STATE CRIMINAL JUSTICE MANDATE. | ||
SECTION 2.24. Sections 26.044(a), (b), and (c), Tax Code, | ||
are amended to read as follows: | ||
(a) The first time that a county adopts a tax rate after | ||
September 1, 1991, in which the state criminal justice mandate | ||
applies to the county, the no-new-revenue [ |
||
and operation rate for the county is increased by the rate | ||
calculated according to the following formula: | ||
(State Criminal Justice Mandate) / (Current Total | ||
Value - New Property Value) | ||
(b) In the second and subsequent years that a county adopts | ||
a tax rate, if the amount spent by the county for the state criminal | ||
justice mandate increased over the previous year, the | ||
no-new-revenue [ |
||
county is increased by the rate calculated according to the | ||
following formula: | ||
(This Year's State Criminal Justice Mandate - Previous | ||
Year's State Criminal Justice Mandate) / (Current | ||
Total Value - New Property Value) | ||
(c) The county shall include a notice of the increase in the | ||
no-new-revenue [ |
||
by this section, including a description and amount of the state | ||
criminal justice mandate, in the information published under | ||
Section 26.04(e) and Section 26.06(b) [ |
||
SECTION 2.25. Sections 26.0441(a), (b), and (c), Tax Code, | ||
are amended to read as follows: | ||
(a) In the first tax year in which a taxing unit adopts a tax | ||
rate after January 1, 2000, and in which the enhanced minimum | ||
eligibility standards for indigent health care established under | ||
Section 61.006, Health and Safety Code, apply to the taxing unit, | ||
the no-new-revenue [ |
||
the taxing unit is increased by the rate computed according to the | ||
following formula: | ||
Amount of Increase = Enhanced Indigent Health Care | ||
Expenditures / (Current Total Value - New Property | ||
Value) | ||
(b) In each subsequent tax year, if the taxing unit's | ||
enhanced indigent health care expenses exceed the amount of those | ||
expenses for the preceding year, the no-new-revenue [ |
||
maintenance and operations rate for the taxing unit is increased by | ||
the rate computed according to the following formula: | ||
Amount of Increase = (Current Tax Year's Enhanced | ||
Indigent Health Care Expenditures - Preceding Tax | ||
Year's Indigent Health Care Expenditures) / (Current | ||
Total Value - New Property Value) | ||
(c) The taxing unit shall include a notice of the increase | ||
in its no-new-revenue [ |
||
provided by this section, including a brief description and the | ||
amount of the enhanced indigent health care expenditures, in the | ||
information published under Section 26.04(e) and, if applicable, | ||
Section 26.06(b). | ||
SECTION 2.26. Section 26.05, Tax Code, is amended by | ||
amending Subsections (b), (c), (d), (e), and (g) and adding | ||
Subsections (d-1) and (d-2) to read as follows: | ||
(b) A taxing unit may not impose property taxes in any year | ||
until the governing body has adopted a tax rate for that year, and | ||
the annual tax rate must be set by ordinance, resolution, or order, | ||
depending on the method prescribed by law for adoption of a law by | ||
the governing body. The vote on the ordinance, resolution, or order | ||
setting the tax rate must be separate from the vote adopting the | ||
budget. For a taxing unit other than a school district, the vote on | ||
the ordinance, resolution, or order setting a tax rate that exceeds | ||
the no-new-revenue [ |
||
at least 60 percent of the members of the governing body must vote | ||
in favor of the ordinance, resolution, or order. For a school | ||
district, the vote on the ordinance, resolution, or order setting a | ||
tax rate that exceeds the sum of the no-new-revenue [ |
||
maintenance and operations tax rate of the district as determined | ||
under Section 26.08(i) and the district's current debt rate must be | ||
a record vote, and at least 60 percent of the members of the | ||
governing body must vote in favor of the ordinance, resolution, or | ||
order. A motion to adopt an ordinance, resolution, or order setting | ||
a tax rate that exceeds the no-new-revenue [ |
||
must be made in the following form: "I move that the property tax | ||
rate be increased by the adoption of a tax rate of (specify tax | ||
rate), which is effectively a (insert percentage by which the | ||
proposed tax rate exceeds the no-new-revenue [ |
||
percent increase in the tax rate." If the ordinance, resolution, or | ||
order sets a tax rate that, if applied to the total taxable value, | ||
will impose an amount of taxes to fund maintenance and operation | ||
expenditures of the taxing unit that exceeds the amount of taxes | ||
imposed for that purpose in the preceding year, the taxing unit | ||
must: | ||
(1) include in the ordinance, resolution, or order in | ||
type larger than the type used in any other portion of the document: | ||
(A) the following statement: "THIS TAX RATE WILL | ||
RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S | ||
TAX RATE."; and | ||
(B) if the tax rate exceeds the no-new-revenue | ||
[ |
||
statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | ||
PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE | ||
[ |
||
TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY | ||
APPROXIMATELY $(Insert amount)."; and | ||
(2) include on the home page of any Internet website | ||
operated by the unit: | ||
(A) the following statement: "(Insert name of | ||
unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE | ||
AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and | ||
(B) if the tax rate exceeds the no-new-revenue | ||
[ |
||
statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | ||
PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE | ||
[ |
||
TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY | ||
APPROXIMATELY $(Insert amount)." | ||
(c) If the governing body of a taxing unit does not adopt a | ||
tax rate before the date required by Subsection (a), the tax rate | ||
for the taxing unit for that tax year is the lower of the | ||
no-new-revenue [ |
||
the tax rate adopted by the taxing unit for the preceding tax year. | ||
A tax rate established by this subsection is treated as an adopted | ||
tax rate. Before the fifth day after the establishment of a tax | ||
rate by this subsection, the governing body of the taxing unit must | ||
ratify the applicable tax rate in the manner required by Subsection | ||
(b). | ||
(d) The governing body of a taxing unit other than a school | ||
district may not adopt a tax rate that exceeds the lower of the | ||
rollback tax rate or the no-new-revenue [ |
||
calculated as provided by this chapter until the governing body has | ||
held two public hearings on the proposed tax rate and has otherwise | ||
complied with Section 26.06 and Section 26.065. The governing body | ||
of a taxing unit shall reduce a tax rate set by law or by vote of the | ||
electorate to the lower of the rollback tax rate or the | ||
no-new-revenue [ |
||
unless it first complies with Section 26.06. | ||
(d-1) The governing body of a taxing unit may not hold a | ||
public hearing on a proposed tax rate or a public meeting to adopt a | ||
tax rate until the 14th day after the date the officer or employee | ||
designated by the governing body of the unit to calculate the | ||
no-new-revenue tax rate and the rollback tax rate for the unit | ||
complies with Section 26.17. | ||
(d-2) Notwithstanding Subsection (a), the governing body of | ||
a taxing unit other than a school district may not adopt a tax rate | ||
until: | ||
(1) the chief appraiser of each appraisal district in | ||
which the taxing unit participates has: | ||
(A) delivered the notice required by Section | ||
26.04(e-2); and | ||
(B) incorporated the tax rate calculation forms | ||
submitted to the appraisal district under Section 26.17(d)(2) by | ||
the designated officer or employee of the taxing unit into the | ||
property tax database maintained by the chief appraiser and made | ||
them available to the public; | ||
(2) the designated officer or employee of the taxing | ||
unit has entered in the property tax database maintained by the | ||
chief appraiser the information described by Section 26.17(b) for | ||
the current tax year; and | ||
(3) the taxing unit has posted the information | ||
described by Section 26.18 on the Internet website used by the | ||
taxing unit for that purpose. | ||
(e) A person who owns taxable property is entitled to an | ||
injunction restraining the collection of taxes by a taxing unit in | ||
which the property is taxable if the taxing unit has not complied | ||
with the requirements of this section or Section 26.04 [ |
||
|
||
collection of taxes must be filed not later than the 15th day after | ||
the date the taxing unit adopts a tax rate. A property owner is not | ||
required to pay the taxes imposed by a taxing unit on the owner's | ||
property while an action filed by the property owner to enjoin the | ||
collection of taxes imposed by the taxing unit on the owner's | ||
property is pending. If the property owner pays the taxes and | ||
subsequently prevails in the action, the property owner is entitled | ||
to a refund of the taxes paid, together with reasonable attorney's | ||
fees and court costs. The property owner is not required to apply | ||
to the collector for the taxing unit to receive the refund [ |
||
|
||
(g) Notwithstanding Subsection (a), the governing body of a | ||
school district that elects to adopt a tax rate before the adoption | ||
of a budget for the fiscal year that begins in the current tax year | ||
may adopt a tax rate for the current tax year before receipt of the | ||
certified appraisal roll for the school district if the chief | ||
appraiser of the appraisal district in which the school district | ||
participates has certified to the assessor for the school district | ||
an estimate of the taxable value of property in the school district | ||
as provided by Section 26.01(e). If a school district adopts a tax | ||
rate under this subsection, the no-new-revenue [ |
||
and the rollback tax rate of the district shall be calculated based | ||
on the certified estimate of taxable value. | ||
SECTION 2.27. Section 26.052, Tax Code, is amended by | ||
amending Subsection (e) and adding Subsection (f) to read as | ||
follows: | ||
(e) Public notice provided under Subsection (c) must | ||
specify: | ||
(1) the tax rate that the governing body proposes to | ||
adopt; | ||
(2) the date, time, and location of the meeting of the | ||
governing body of the taxing unit at which the governing body will | ||
consider adopting the proposed tax rate; and | ||
(3) if the proposed tax rate for the taxing unit | ||
exceeds the unit's no-new-revenue [ |
||
as provided by Section 26.04, a statement substantially identical | ||
to the following: "The proposed tax rate would increase total taxes | ||
in (name of taxing unit) by (percentage by which the proposed tax | ||
rate exceeds the no-new-revenue [ |
||
(f) A taxing unit to which this section applies that elects | ||
to provide public notice of its proposed tax rate under Subsection | ||
(c) may also provide public notice of its proposed tax rate by | ||
posting notice of the proposed tax rate including the information | ||
prescribed by Subsection (e) prominently on the home page of the | ||
Internet website maintained by the taxing unit, if applicable. | ||
SECTION 2.28. Sections 26.06(b), (c), (d), and (e), Tax | ||
Code, are amended to read as follows: | ||
(b) The notice of a public hearing may not be smaller than | ||
one-quarter page of a standard-size or a tabloid-size newspaper, | ||
and the headline on the notice must be in 24-point or larger type. | ||
The notice must contain a statement in the following form: | ||
"NOTICE OF PUBLIC HEARING ON TAX INCREASE | ||
"The (name of the taxing unit) will hold two public hearings | ||
on a proposal to increase total tax revenues from properties on the | ||
tax roll in the preceding tax year by (percentage by which proposed | ||
tax rate exceeds lower of rollback tax rate or no-new-revenue | ||
[ |
||
individual taxes may increase at a greater or lesser rate, or even | ||
decrease, depending on the tax rate that is adopted and on the | ||
change in the taxable value of your property in relation to the | ||
change in taxable value of all other property [ |
||
|
||
relation to the change in the taxable value of all other property | ||
determines the distribution of the tax burden among all property | ||
owners. | ||
"The first public hearing will be held on (date and time) at | ||
(meeting place). | ||
"The second public hearing will be held on (date and time) at | ||
(meeting place). | ||
"(Names of all members of the governing body, showing how | ||
each voted on the proposal to consider the tax increase or, if one | ||
or more were absent, indicating the absences.) | ||
"The average taxable value of a residence homestead in (name | ||
of taxing unit) last year was $____ (average taxable value of a | ||
residence homestead in the taxing unit for the preceding tax year, | ||
disregarding residence homestead exemptions available only to | ||
disabled persons or persons 65 years of age or older). Based on | ||
last year's tax rate of $____ (preceding year's adopted tax rate) | ||
per $100 of taxable value, the amount of taxes imposed last year on | ||
the average home was $____ (tax on average taxable value of a | ||
residence homestead in the taxing unit for the preceding tax year, | ||
disregarding residence homestead exemptions available only to | ||
disabled persons or persons 65 years of age or older). | ||
"The average taxable value of a residence homestead in (name | ||
of taxing unit) this year is $____ (average taxable value of a | ||
residence homestead in the taxing unit for the current tax year, | ||
disregarding residence homestead exemptions available only to | ||
disabled persons or persons 65 years of age or older). If the | ||
governing body adopts the no-new-revenue [ |
||
this year of $____ (no-new-revenue [ |
||
of taxable value, the amount of taxes imposed this year on the | ||
average home would be $____ (tax on average taxable value of a | ||
residence homestead in the taxing unit for the current tax year, | ||
disregarding residence homestead exemptions available only to | ||
disabled persons or persons 65 years of age or older). | ||
"If the governing body adopts the proposed tax rate of $____ | ||
(proposed tax rate) per $100 of taxable value, the amount of taxes | ||
imposed this year on the average home would be $____ (tax on the | ||
average taxable value of a residence in the taxing unit for the | ||
current year disregarding residence homestead exemptions available | ||
only to disabled persons or persons 65 years of age or older). | ||
"Members of the public are encouraged to attend the hearings | ||
and express their views." | ||
(c) The notice of a public hearing under this section may be | ||
delivered by mail to each property owner in the unit, or may be | ||
published in a newspaper. If the notice is published in a | ||
newspaper, it may not be in the part of the paper in which legal | ||
notices and classified advertisements appear. If the taxing unit | ||
operates an Internet website, the notice must also be posted | ||
prominently on the home page of the website from the date the notice | ||
is first published until the second public hearing is concluded. | ||
(d) At the public hearings the governing body shall announce | ||
the date, time, and place of the meeting at which it will vote on the | ||
proposed tax rate. After each hearing the governing body shall give | ||
notice of the meeting at which it will vote on the proposed tax rate | ||
and the notice shall be in the same form as prescribed by | ||
Subsections (b) and (c), except that it must state the following: | ||
"NOTICE OF TAX REVENUE INCREASE | ||
"The (name of the taxing unit) conducted public hearings on | ||
(date of first hearing) and (date of second hearing) on a proposal | ||
to increase the total tax revenues of the (name of the taxing unit) | ||
from properties on the tax roll in the preceding year by (percentage | ||
by which proposed tax rate exceeds lower of rollback tax rate or | ||
no-new-revenue [ |
||
percent. | ||
"The total tax revenue proposed to be raised last year at last | ||
year's tax rate of (insert tax rate for the preceding year) for each | ||
$100 of taxable value was (insert total amount of taxes imposed in | ||
the preceding year). | ||
"The total tax revenue proposed to be raised this year at the | ||
proposed tax rate of (insert proposed tax rate) for each $100 of | ||
taxable value, excluding tax revenue to be raised from new property | ||
added to the tax roll this year, is (insert amount computed by | ||
multiplying proposed tax rate by the difference between current | ||
total value and new property value). | ||
"The total tax revenue proposed to be raised this year at the | ||
proposed tax rate of (insert proposed tax rate) for each $100 of | ||
taxable value, including tax revenue to be raised from new property | ||
added to the tax roll this year, is (insert amount computed by | ||
multiplying proposed tax rate by current total value). | ||
"The (governing body of the taxing unit) is scheduled to vote | ||
on the tax rate that will result in that tax increase at a public | ||
meeting to be held on (date of meeting) at (location of meeting, | ||
including mailing address) at (time of meeting). | ||
"The (governing body of the taxing unit) proposes to use the | ||
increase in total tax revenue for the purpose of (description of | ||
purpose of increase)." | ||
(e) The meeting to vote on the tax increase may not be | ||
earlier than the third day or later than the 14th day after the date | ||
of the second public hearing. The meeting must be held inside the | ||
boundaries of the taxing unit in a publicly owned building or, if a | ||
suitable publicly owned building is not available, in a suitable | ||
building to which the public normally has access. If the governing | ||
body does not adopt a tax rate that exceeds the lower of the | ||
rollback tax rate or the no-new-revenue [ |
||
14th day, it must give a new notice under Subsection (d) before it | ||
may adopt a rate that exceeds the lower of the rollback tax rate or | ||
the no-new-revenue [ |
||
SECTION 2.29. Section 26.065(b), Tax Code, is amended to | ||
read as follows: | ||
(b) If the taxing unit owns, operates, or controls an | ||
Internet website, the unit shall post notice of the public hearing | ||
prominently on the home page of the website continuously for at | ||
least seven days immediately before the public hearing on the | ||
proposed tax rate increase and at least seven days immediately | ||
before the date of the vote proposing the increase in the tax rate. | ||
SECTION 2.30. Sections 26.08(g), (n), and (p), Tax Code, | ||
are amended to read as follows: | ||
(g) In a school district that received distributions from an | ||
equalization tax imposed under former Chapter 18, Education Code, | ||
the no-new-revenue [ |
||
the county unit system's abolition is added to the district's | ||
rollback tax rate. | ||
(n) For purposes of this section, the rollback tax rate of a | ||
school district whose maintenance and operations tax rate for the | ||
2005 tax year was $1.50 or less per $100 of taxable value is: | ||
(1) for the 2006 tax year, the sum of the rate that is | ||
equal to 88.67 percent of the maintenance and operations tax rate | ||
adopted by the district for the 2005 tax year, the rate of $0.04 per | ||
$100 of taxable value, and the district's current debt rate; and | ||
(2) for the 2007 and subsequent tax years, the lesser | ||
of the following: | ||
(A) the sum of the following: | ||
(i) the rate per $100 of taxable value that | ||
is equal to the product of the state compression percentage, as | ||
determined under Section 42.2516, Education Code, for the current | ||
year and $1.50; | ||
(ii) the rate of $0.04 per $100 of taxable | ||
value; | ||
(iii) the rate that is equal to the sum of | ||
the differences for the 2006 and each subsequent tax year between | ||
the adopted tax rate of the district for that year if the rate was | ||
approved at an election under this section and the rollback tax rate | ||
of the district for that year; and | ||
(iv) the district's current debt rate; or | ||
(B) the sum of the following: | ||
(i) the no-new-revenue [ |
||
maintenance and operations tax rate of the district as computed | ||
under Subsection (i) [ |
||
(ii) the rate per $100 of taxable value that | ||
is equal to the product of the state compression percentage, as | ||
determined under Section 42.2516, Education Code, for the current | ||
year and $0.06; and | ||
(iii) the district's current debt rate. | ||
(p) Notwithstanding Subsections (i), (n), and (o), if for | ||
the preceding tax year a school district adopted a maintenance and | ||
operations tax rate that was less than the district's | ||
no-new-revenue [ |
||
that preceding tax year, the rollback tax rate of the district for | ||
the current tax year is calculated as if the district adopted a | ||
maintenance and operations tax rate for the preceding tax year that | ||
was equal to the district's no-new-revenue [ |
||
and operations tax rate for that preceding tax year. | ||
SECTION 2.31. Section 26.08(i), Tax Code, as effective | ||
September 1, 2017, is amended to read as follows: | ||
(i) For purposes of this section, the no-new-revenue | ||
[ |
||
district is the tax rate that, applied to the current total value | ||
for the district, would impose taxes in an amount that, when added | ||
to state funds that would be distributed to the district under | ||
Chapter 42, Education Code, for the school year beginning in the | ||
current tax year using that tax rate, would provide the same amount | ||
of state funds distributed under Chapter 42, Education Code, and | ||
maintenance and operations taxes of the district per student in | ||
weighted average daily attendance for that school year that would | ||
have been available to the district in the preceding year if the | ||
funding elements for Chapters 41 and 42, Education Code, for the | ||
current year had been in effect for the preceding year. | ||
SECTION 2.32. Section 26.16, Tax Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) The county assessor-collector for each county that | ||
maintains an Internet website shall post on the website of the | ||
county the following information for the most recent five tax years | ||
beginning with the 2012 tax year for each taxing unit all or part of | ||
the territory of which is located in the county: | ||
(1) the adopted tax rate; | ||
(2) the maintenance and operations rate; | ||
(3) the debt rate; | ||
(4) the no-new-revenue [ |
||
(5) the no-new-revenue [ |
||
operations rate; and | ||
(6) the rollback tax rate. | ||
(a-1) For purposes of Subsection (a), a reference to the | ||
no-new-revenue tax rate or the no-new-revenue maintenance and | ||
operations rate includes the equivalent effective tax rate or | ||
effective maintenance and operations rate for a preceding year. | ||
This subsection expires January 1, 2024. | ||
(d) The county assessor-collector shall post immediately | ||
below the table prescribed by Subsection (c) the following | ||
statement: | ||
"The county is providing this table of property tax rate | ||
information as a service to the residents of the county. Each | ||
individual taxing unit is responsible for calculating the property | ||
tax rates listed in this table pertaining to that taxing unit and | ||
providing that information to the county. | ||
"The adopted tax rate is the tax rate adopted by the governing | ||
body of a taxing unit. | ||
"The maintenance and operations rate is the component of the | ||
adopted tax rate of a taxing unit that will impose the amount of | ||
taxes needed to fund maintenance and operation expenditures of the | ||
unit for the following year. | ||
"The debt rate is the component of the adopted tax rate of a | ||
taxing unit that will impose the amount of taxes needed to fund the | ||
unit's debt service for the following year. | ||
"The no-new-revenue [ |
||
would generate the same amount of revenue in the current tax year as | ||
was generated by a taxing unit's adopted tax rate in the preceding | ||
tax year from property that is taxable in both the current tax year | ||
and the preceding tax year. | ||
"The no-new-revenue [ |
||
rate is the tax rate that would generate the same amount of revenue | ||
for maintenance and operations in the current tax year as was | ||
generated by a taxing unit's maintenance and operations rate in the | ||
preceding tax year from property that is taxable in both the current | ||
tax year and the preceding tax year. | ||
"The rollback tax rate is the highest tax rate a taxing unit | ||
may adopt before requiring voter approval at an election. In the | ||
case of a taxing unit other than a school district, the voters by | ||
petition may require that a rollback election be held if the unit | ||
adopts a tax rate in excess of the unit's rollback tax rate. In the | ||
case of a school district, an election will automatically be held if | ||
the district wishes to adopt a tax rate in excess of the district's | ||
rollback tax rate." | ||
SECTION 2.33. Chapter 26, Tax Code, is amended by adding | ||
Sections 26.17 and 26.18 to read as follows: | ||
Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION. | ||
(a) The chief appraiser of each appraisal district shall create and | ||
maintain a property tax database that: | ||
(1) is identified by the name of the county in which | ||
the appraisal district is established instead of the name of the | ||
appraisal district; | ||
(2) contains information that is provided by | ||
designated officers or employees of the taxing units that are | ||
located in the appraisal district in the manner required by rules | ||
adopted by the comptroller; | ||
(3) is continuously updated as preliminary and revised | ||
data become available to and are provided by the designated | ||
officers or employees of taxing units; | ||
(4) is accessible to the public; and | ||
(5) is searchable by property address and owner. | ||
(b) The database must include, with respect to each property | ||
listed on the appraisal roll for the appraisal district: | ||
(1) the property's identification number; | ||
(2) the property's market value; | ||
(3) the property's taxable value; | ||
(4) the name of each taxing unit in which the property | ||
is located; | ||
(5) for each taxing unit other than a school district | ||
in which the property is located: | ||
(A) the no-new-revenue tax rate; and | ||
(B) the rollback tax rate; | ||
(6) for each school district in which the property is | ||
located: | ||
(A) the rate to maintain the same amount of state | ||
and local revenue per weighted student that the district received | ||
in the school year beginning in the preceding tax year; and | ||
(B) the rollback tax rate; | ||
(7) the tax rate proposed by the governing body of each | ||
taxing unit in which the property is located; | ||
(8) for each taxing unit other than a school district | ||
in which the property is located, the taxes that would be imposed on | ||
the property if the unit adopted a tax rate equal to: | ||
(A) the no-new-revenue tax rate; and | ||
(B) the proposed tax rate; | ||
(9) for each school district in which the property is | ||
located, the taxes that would be imposed on the property if the | ||
district adopted a tax rate equal to: | ||
(A) the rate to maintain the same amount of state | ||
and local revenue per weighted student that the district received | ||
in the school year beginning in the preceding tax year; and | ||
(B) the proposed tax rate; | ||
(10) for each taxing unit other than a school district | ||
in which the property is located, the difference between the amount | ||
calculated under Subdivision (8)(A) and the amount calculated under | ||
Subdivision (8)(B); | ||
(11) for each school district in which the property is | ||
located, the difference between the amount calculated under | ||
Subdivision (9)(A) and the amount calculated under Subdivision | ||
(9)(B); | ||
(12) the date and location of each public hearing, if | ||
applicable, on the proposed tax rate to be held by the governing | ||
body of each taxing unit in which the property is located; and | ||
(13) the date and location of the public meeting at | ||
which the tax rate will be adopted to be held by the governing body | ||
of each taxing unit in which the property is located. | ||
(c) The database must provide a link to the Internet website | ||
used by each taxing unit in which the property is located to post | ||
the information described by Section 26.18. | ||
(d) The officer or employee designated by the governing body | ||
of each taxing unit to calculate the no-new-revenue tax rate and the | ||
rollback tax rate for the unit must electronically: | ||
(1) enter in the database the information described by | ||
Subsection (b) as the information becomes available; and | ||
(2) submit to the appraisal district the tax rate | ||
calculation forms prepared under Section 26.04(d-1) at the same | ||
time the designated officer or employee submits the tax rates to the | ||
governing body of the unit under Section 26.04(e). | ||
(e) The chief appraiser shall deliver by e-mail to the | ||
designated officer or employee confirmation of receipt of the tax | ||
rate calculation forms submitted under Subsection (d)(2). The | ||
chief appraiser shall incorporate the forms into the database and | ||
make them available to the public not later than the third day after | ||
the date the chief appraiser receives them. | ||
Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY | ||
TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet | ||
website or have access to a generally accessible Internet website | ||
that may be used for the purposes of this section. Each taxing unit | ||
shall post or cause to be posted on the Internet website the | ||
following information in a format prescribed by the comptroller: | ||
(1) the name of each member of the governing body of | ||
the taxing unit; | ||
(2) the mailing address, e-mail address, and telephone | ||
number of the taxing unit; | ||
(3) the official contact information for each member | ||
of the governing body of the taxing unit, if that information is | ||
different from the information described by Subdivision (2); | ||
(4) the taxing unit's budget for the preceding two | ||
years; | ||
(5) the taxing unit's proposed or adopted budget for | ||
the current year; | ||
(6) the change in the amount of the taxing unit's | ||
budget from the preceding year to the current year, by dollar amount | ||
and percentage; | ||
(7) in the case of a taxing unit other than a school | ||
district, the amount of property tax revenue budgeted for | ||
maintenance and operations for: | ||
(A) the preceding two years; and | ||
(B) the current year; | ||
(8) in the case of a taxing unit other than a school | ||
district, the amount of property tax revenue budgeted for debt | ||
service for: | ||
(A) the preceding two years; and | ||
(B) the current year; | ||
(9) the tax rate for maintenance and operations | ||
adopted by the taxing unit for the preceding two years; | ||
(10) in the case of a taxing unit other than a school | ||
district, the tax rate for debt service adopted by the unit for the | ||
preceding two years; | ||
(11) in the case of a school district, the interest and | ||
sinking fund tax rate adopted by the district for the preceding two | ||
years; | ||
(12) the tax rate for maintenance and operations | ||
proposed by the taxing unit for the current year; | ||
(13) in the case of a taxing unit other than a school | ||
district, the tax rate for debt service proposed by the unit for the | ||
current year; | ||
(14) in the case of a school district, the interest and | ||
sinking fund tax rate proposed by the district for the current year; | ||
and | ||
(15) the most recent financial audit of the taxing | ||
unit. | ||
SECTION 2.34. Section 41.03(a), Tax Code, is amended to | ||
read as follows: | ||
(a) A taxing unit is entitled to challenge before the | ||
appraisal review board: | ||
(1) [ |
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|
||
[ |
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records; | ||
(2) [ |
||
exemption; | ||
(3) [ |
||
appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or | ||
(4) [ |
||
in which a particular property is taxable. | ||
SECTION 2.35. Section 41.44(d), Tax Code, is amended to | ||
read as follows: | ||
(d) A notice of protest is sufficient if it identifies the | ||
protesting property owner, including a person claiming an ownership | ||
interest in the property even if that person is not listed on the | ||
appraisal records as an owner of the property, identifies the | ||
property that is the subject of the protest, and indicates apparent | ||
dissatisfaction with some determination of the appraisal office. | ||
The notice need not be on an official form, but the comptroller | ||
shall prescribe a form that provides for more detail about the | ||
nature of the protest. The form must permit a property owner to | ||
include each property in the appraisal district that is the subject | ||
of a protest. The form must permit a property owner to request that | ||
the protest be heard by a special panel established under Section | ||
6.425 if the protest will be determined by an appraisal review board | ||
to which that section applies and the property is described by | ||
Section 6.425(b). The comptroller, each appraisal office, and each | ||
appraisal review board shall make the forms readily available and | ||
deliver one to a property owner on request. | ||
SECTION 2.36. Section 41.45, Tax Code, is amended by | ||
amending Subsection (d) and adding Subsections (d-1), (d-2), and | ||
(d-3) to read as follows: | ||
(d) This subsection does not apply to a special panel | ||
established under Section 6.425. An appraisal review board | ||
consisting of more than three members may sit in panels of not fewer | ||
than three members to conduct protest hearings. [ |
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|
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board, the board may refer the matter for rehearing to a panel | ||
composed of members who did not hear the original protest [ |
||
or, if there are not at least three members who did not hear the | ||
original protest, the board may determine the protest. [ |
||
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(d-1) An appraisal review board to which Section 6.425 | ||
applies shall sit in special panels established under that section | ||
to conduct protest hearings. A special panel may conduct a protest | ||
hearing relating to property only if the property is described by | ||
Section 6.425(b) and the property owner has requested that a | ||
special panel conduct the hearing or if the protest is assigned to | ||
the special panel under Section 6.425(f). If the recommendation of | ||
a special panel is not accepted by the board, the board may refer | ||
the matter for rehearing to another special panel composed of | ||
members who did not hear the original protest or, if there are not | ||
at least three other special panel members who did not hear the | ||
original protest, the board may determine the protest. | ||
(d-2) The determination of a protest heard by a panel under | ||
Subsection (d) or (d-1) must be made by the board. | ||
(d-3) The board must deliver notice of a hearing or meeting | ||
to determine a protest heard by a panel, or to rehear a protest, | ||
under Subsection (d) or (d-1) in accordance with the provisions of | ||
this subchapter. | ||
SECTION 2.37. Section 41.46(a), Tax Code, is amended to | ||
read as follows: | ||
(a) The appraisal review board before which a protest | ||
hearing is scheduled shall deliver written notice to the property | ||
owner initiating a protest of the date, time, [ |
||
subject matter of [ |
||
property owner's entitlement to a postponement of the hearing as | ||
provided by Section 41.45 unless the property owner waives in | ||
writing notice of the hearing. The board shall deliver the notice | ||
not later than the 15th day before the date of the hearing. | ||
SECTION 2.38. Section 41.461, Tax Code, is amended to read | ||
as follows: | ||
Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING; | ||
DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before the | ||
first scheduled [ |
||
shall: | ||
(1) deliver a copy of the pamphlet prepared by the | ||
comptroller under Section 5.06 [ |
||
initiating the protest if the owner is representing himself, or to | ||
an agent representing the owner if requested by the agent; | ||
(2) inform the property owner that the owner or the | ||
agent of the owner is entitled on request to [ |
||
|
||
information the chief appraiser will [ |
||
hearing to establish any matter at issue; and | ||
(3) deliver a copy of the hearing procedures | ||
established by the appraisal review board under Section 41.66 to | ||
the property owner. | ||
(b) The chief appraiser may not charge a property owner or | ||
the designated agent of the owner for copies provided to the [ |
||
owner or designated agent under this section, regardless of the | ||
manner in which the copies are prepared or delivered [ |
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[ |
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[ |
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(c) A chief appraiser must deliver information requested by | ||
a property owner or the agent of the owner under Subsection (a)(2): | ||
(1) by regular first-class mail; | ||
(2) in an electronic format as provided by an | ||
agreement under Section 1.085; or | ||
(3) subject to Subsection (d), by referring the | ||
property owner or the agent of the owner to the exact Internet | ||
location or uniform resource locator (URL) address on an Internet | ||
website maintained by the appraisal district on which the requested | ||
information is identifiable and readily available. | ||
(d) If a chief appraiser provides a property owner or the | ||
agent of the owner the Internet location or address of information | ||
under Subsection (c)(3), the notice must contain a statement in a | ||
conspicuous font that clearly indicates that the property owner or | ||
the agent of the owner may on request receive the information by | ||
regular first-class mail. On request by a property owner or the | ||
agent of the owner, the chief appraiser must provide the | ||
information by regular first-class mail. | ||
SECTION 2.39. Section 41.47, Tax Code, is amended by adding | ||
Subsections (c-2) and (f) and amending Subsections (d) and (e) to | ||
read as follows: | ||
(c-2) The board may not determine the appraised value of the | ||
property that is the subject of a protest to be an amount greater | ||
than the appraised value of the property as shown in the appraisal | ||
records submitted to the board by the chief appraiser under Section | ||
25.22 or 25.23. | ||
(d) The board shall deliver by certified mail: | ||
(1) a notice of issuance of the order and a copy of the | ||
order to the property owner and the chief appraiser; and | ||
(2) a copy of the appraisal review board survey form | ||
prepared under Section 5.104 and instructions for completing and | ||
submitting the form to the property owner. | ||
(e) The notice of the issuance of the order must contain a | ||
prominently printed statement in upper-case bold lettering | ||
informing the property owner in clear and concise language of the | ||
property owner's right to appeal the order of the board [ |
||
|
||
deadline prescribed by Section 42.06(a) [ |
||
written notice of appeal[ |
||
42.21(a) [ |
||
district court. | ||
(f) The appraisal review board shall take the actions | ||
required by Subsections (a) and (d) not later than the 15th day | ||
after the date the hearing on the protest is concluded. | ||
SECTION 2.40. Section 41.66, Tax Code, is amended by | ||
amending Subsections (h), (i), (j), and (k) and adding Subsections | ||
(j-1), (k-1), and (p) to read as follows: | ||
(h) The appraisal review board shall postpone a hearing on a | ||
protest if the property owner or the designated agent of the owner | ||
requests additional time to prepare for the hearing and establishes | ||
to the board that the chief appraiser failed to comply with Section | ||
41.461. The board is not required to postpone a hearing more than | ||
one time under this subsection. | ||
(i) A hearing on a protest filed by a property owner or the | ||
designated agent of the owner [ |
||
|
||
certain. If the hearing is not commenced within two hours of the | ||
time set for the hearing, the appraisal review board shall postpone | ||
the hearing on the request of the property owner or the designated | ||
agent of the owner. | ||
(j) On the request of a property owner or the [ |
||
agent of the owner, an appraisal review board shall schedule | ||
hearings on protests concerning up to 20 designated properties to | ||
be held consecutively on the same day. The designated properties | ||
must be identified in the same notice of protest, and the notice | ||
must contain in boldfaced type the statement "request for same-day | ||
protest hearings." A property owner or the designated agent of the | ||
owner may [ |
||
with the appraisal review board in the same tax year. The appraisal | ||
review board may schedule hearings on protests concerning more than | ||
20 properties filed by the same property owner or the designated | ||
agent of the owner and may use different panels to conduct the | ||
hearings based on the board's customary scheduling. The appraisal | ||
review board may follow the practices customarily used by the board | ||
in the scheduling of hearings under this subsection. | ||
(j-1) An appraisal review board may schedule the hearings on | ||
all protests filed by a property owner or the designated agent of | ||
the owner to be held consecutively. The notice of the hearings must | ||
state the date and time that the first hearing will begin, state the | ||
date the last hearing will end, and list the order in which the | ||
hearings will be held. The order of the hearings listed in the | ||
notice may not be changed without the agreement of the property | ||
owner or the designated agent of the owner, the chief appraiser, and | ||
the appraisal review board. The board may not reschedule a hearing | ||
for which notice is given under this subsection to a date earlier | ||
than the seventh day after the date the last hearing was scheduled | ||
to end unless agreed to by the property owner or the designated | ||
agent of the owner, the chief appraiser, and the appraisal review | ||
board. Unless agreed to by the parties, the board must provide | ||
written notice of the date and time of the rescheduled hearing to | ||
the property owner or the designated agent of the owner not later | ||
than the seventh day before the date of the hearing. | ||
(k) This subsection does not apply to a special panel | ||
established under Section 6.425. If an appraisal review board sits | ||
in panels to conduct protest hearings, protests shall be randomly | ||
assigned to panels, except that the board may consider the type of | ||
property subject to the protest or the ground of the protest for the | ||
purpose of using the expertise of a particular panel in hearing | ||
protests regarding particular types of property or based on | ||
particular grounds. If a protest is scheduled to be heard by a | ||
particular panel, the protest may not be reassigned to another | ||
panel without the consent of the property owner or designated | ||
agent. If the appraisal review board has cause to reassign a | ||
protest to another panel, a property owner or designated agent may | ||
agree to reassignment of the protest or may request that the hearing | ||
on the protest be postponed. The board shall postpone the hearing | ||
on that request. A change of members of a panel because of a | ||
conflict of interest, illness, or inability to continue | ||
participating in hearings for the remainder of the day does not | ||
constitute reassignment of a protest to another panel. | ||
(k-1) On the request of a property owner, an appraisal | ||
review board to which Section 6.425 applies shall assign a protest | ||
relating to property described by Section 6.425(b) to a special | ||
panel. In addition, the chairman of the appraisal review board may | ||
assign a protest relating to property not described by Section | ||
6.425(b) to a special panel as authorized by Section 6.425(f). | ||
Protests assigned to special panels shall be randomly assigned to | ||
those panels. If a protest is scheduled to be heard by a particular | ||
special panel, the protest may not be reassigned to another special | ||
panel without the consent of the property owner or designated | ||
agent. If the board has cause to reassign a protest to another | ||
special panel, a property owner or designated agent may agree to | ||
reassignment of the protest or may request that the hearing on the | ||
protest be postponed. The board shall postpone the hearing on that | ||
request. A change of members of a special panel because of a | ||
conflict of interest, illness, or inability to continue | ||
participating in hearings for the remainder of the day does not | ||
constitute reassignment of a protest to another special panel. | ||
(p) At the end of a hearing on a protest, the appraisal | ||
review board shall provide the property owner or the designated | ||
agent of the owner one or more documents indicating that the members | ||
of the board hearing the protest signed the affidavit required by | ||
Subsection (g). | ||
SECTION 2.41. Section 41.67(d), Tax Code, is amended to | ||
read as follows: | ||
(d) Information that was previously requested under Section | ||
41.461 by the protesting party that was not delivered [ |
||
|
||
scheduled [ |
||
form as evidence in the hearing, including as a document or through | ||
argument or testimony. | ||
SECTION 2.42. Section 41.71, Tax Code, is amended to read as | ||
follows: | ||
Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An | ||
appraisal review board by rule shall provide for hearings on | ||
protests [ |
||
weekday [ |
||
(b) The board may not schedule: | ||
(1) the first hearing on a protest held on a weekday | ||
evening to begin after 7 p.m.; or | ||
(2) a hearing on a protest on a Sunday. | ||
SECTION 2.43. Section 41A.06(b), Tax Code, as effective | ||
September 1, 2017, is amended to read as follows: | ||
(b) To initially qualify to serve as an arbitrator under | ||
this chapter, a person must: | ||
(1) meet the following requirements, as applicable: | ||
(A) be licensed as an attorney in this state; or | ||
(B) have: | ||
(i) completed at least 30 hours of training | ||
in arbitration and alternative dispute resolution procedures from a | ||
university, college, or legal or real estate trade association; and | ||
(ii) been licensed or certified | ||
continuously during the five years preceding the date the person | ||
agrees to serve as an arbitrator as: | ||
(a) a real estate broker or sales | ||
agent under Chapter 1101, Occupations Code; | ||
(b) a real estate appraiser under | ||
Chapter 1103, Occupations Code; or | ||
(c) a certified public accountant | ||
under Chapter 901, Occupations Code; [ |
||
(2) complete the course for training and education of | ||
appraisal review board members established under Section 5.041 and | ||
be issued a certificate indicating course completion; | ||
(3) complete the training program on property tax law | ||
for the training and education of arbitrators established under | ||
Section 5.043; and | ||
(4) agree to conduct an arbitration for a fee that is | ||
not more than: | ||
(A) $400, if the property qualifies as the | ||
owner's residence homestead under Section 11.13 and the appraised | ||
or market value, as applicable, of the property is $500,000 or less, | ||
as determined by the order; | ||
(B) $450, if the property qualifies as the | ||
owner's residence homestead under Section 11.13 and the appraised | ||
or market value, as applicable, of the property is more than | ||
$500,000, as determined by the order; | ||
(C) $450, if the property does not qualify as the | ||
owner's residence homestead under Section 11.13 and the appraised | ||
or market value, as applicable, of the property is $1 million or | ||
less, as determined by the order; | ||
(D) $750, if the property does not qualify as the | ||
owner's residence homestead under Section 11.13 and the appraised | ||
or market value, as applicable, of the property is more than $1 | ||
million but not more than $2 million, as determined by the order; | ||
(E) $1,000, if the property does not qualify as | ||
the owner's residence homestead under Section 11.13 and the | ||
appraised or market value, as applicable, of the property is more | ||
than $2 million but not more than $3 million, as determined by the | ||
order; or | ||
(F) $1,500, if the property does not qualify as | ||
the owner's residence homestead under Section 11.13 and the | ||
appraised or market value, as applicable, of the property is more | ||
than $3 million but not more than $5 million, as determined by the | ||
order. | ||
SECTION 2.44. Section 41A.061(b), Tax Code, is amended to | ||
read as follows: | ||
(b) To renew the person's agreement to serve as an | ||
arbitrator, the person must: | ||
(1) file a renewal application with the comptroller at | ||
the time and in the manner prescribed by the comptroller; | ||
(2) continue to meet the requirements provided by | ||
Sections 41A.06(b)(1) and (4) [ |
||
(3) during the preceding two years have completed at | ||
least eight hours of continuing education in arbitration and | ||
alternative dispute resolution procedures offered by a university, | ||
college, real estate trade association, or legal association. | ||
SECTION 2.45. Section 41A.09(b), Tax Code, is amended to | ||
read as follows: | ||
(b) An award under this section: | ||
(1) must include a determination of the appraised or | ||
market value, as applicable, of the property that is the subject of | ||
the appeal; | ||
(2) may include any remedy or relief a court may order | ||
under Chapter 42 in an appeal relating to the appraised or market | ||
value of property; | ||
(3) shall specify the arbitrator's fee, which may not | ||
exceed the amount provided by Section 41A.06(b)(4) [ |
||
(4) is final and may not be appealed except as | ||
permitted under Section 171.088, Civil Practice and Remedies Code, | ||
for an award subject to that section; and | ||
(5) may be enforced in the manner provided by | ||
Subchapter D, Chapter 171, Civil Practice and Remedies Code. | ||
SECTION 2.46. Section 45.105(e), Education Code, is amended | ||
to read as follows: | ||
(e) The governing body of an independent school district | ||
that governs a junior college district under Subchapter B, Chapter | ||
130, in a county with a population of more than two million may | ||
dedicate a specific percentage of the local tax levy to the use of | ||
the junior college district for facilities and equipment or for the | ||
maintenance and operating expenses of the junior college district. | ||
To be effective, the dedication must be made by the governing body | ||
on or before the date on which the governing body adopts its tax | ||
rate for a year. The amount of local tax funds derived from the | ||
percentage of the local tax levy dedicated to a junior college | ||
district from a tax levy may not exceed the amount that would be | ||
levied by five percent of the no-new-revenue [ |
||
for the tax year calculated as provided by Section 26.04, Tax Code, | ||
on all property taxable by the school district. All real property | ||
purchased with these funds is the property of the school district, | ||
but is subject to the exclusive control of the governing body of the | ||
junior college district for as long as the junior college district | ||
uses the property for educational purposes. | ||
SECTION 2.47. Section 403.302(o), Government Code, is | ||
amended to read as follows: | ||
(o) The comptroller shall adopt rules governing the conduct | ||
of the study after consultation with the comptroller's property tax | ||
administration advisory board [ |
||
|
||
SECTION 2.48. Section 102.007(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) An adopted budget must contain a cover page that | ||
includes: | ||
(1) one of the following statements in 18-point or | ||
larger type that accurately describes the adopted budget: | ||
(A) "This budget will raise more revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of increase), which is a (insert percentage increase) | ||
percent increase from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; | ||
(B) "This budget will raise less revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of decrease), which is a (insert percentage decrease) | ||
percent decrease from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; or | ||
(C) "This budget will raise the same amount of | ||
revenue from property taxes as last year's budget. The property | ||
tax revenue to be raised from new property added to the tax roll | ||
this year is (insert amount computed by multiplying the proposed | ||
tax rate by the value of new property added to the roll)."; | ||
(2) the record vote of each member of the governing | ||
body by name voting on the adoption of the budget; | ||
(3) the municipal property tax rates for the preceding | ||
fiscal year, and each municipal property tax rate that has been | ||
adopted or calculated for the current fiscal year, including: | ||
(A) the property tax rate; | ||
(B) the no-new-revenue [ |
||
(C) the no-new-revenue [ |
||
and operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of municipal debt obligations. | ||
SECTION 2.49. Section 111.008(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) An adopted budget must contain a cover page that | ||
includes: | ||
(1) one of the following statements in 18-point or | ||
larger type that accurately describes the adopted budget: | ||
(A) "This budget will raise more revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of increase), which is a (insert percentage increase) | ||
percent increase from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; | ||
(B) "This budget will raise less revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of decrease), which is a (insert percentage decrease) | ||
percent decrease from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; or | ||
(C) "This budget will raise the same amount of | ||
revenue from property taxes as last year's budget. The property | ||
tax revenue to be raised from new property added to the tax roll | ||
this year is (insert amount computed by multiplying the proposed | ||
tax rate by the value of new property added to the roll)."; | ||
(2) the record vote of each member of the | ||
commissioners court by name voting on the adoption of the budget; | ||
(3) the county property tax rates for the preceding | ||
fiscal year, and each county property tax rate that has been adopted | ||
or calculated for the current fiscal year, including: | ||
(A) the property tax rate; | ||
(B) the no-new-revenue [ |
||
(C) the no-new-revenue [ |
||
and operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of county debt obligations. | ||
SECTION 2.50. Section 111.039(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) An adopted budget must contain a cover page that | ||
includes: | ||
(1) one of the following statements in 18-point or | ||
larger type that accurately describes the adopted budget: | ||
(A) "This budget will raise more revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of increase), which is a (insert percentage increase) | ||
percent increase from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; | ||
(B) "This budget will raise less revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of decrease), which is a (insert percentage decrease) | ||
percent decrease from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; or | ||
(C) "This budget will raise the same amount of | ||
revenue from property taxes as last year's budget. The property | ||
tax revenue to be raised from new property added to the tax roll | ||
this year is (insert amount computed by multiplying the proposed | ||
tax rate by the value of new property added to the roll)."; | ||
(2) the record vote of each member of the | ||
commissioners court by name voting on the adoption of the budget; | ||
(3) the county property tax rates for the preceding | ||
fiscal year, and each county property tax rate that has been adopted | ||
or calculated for the current fiscal year, including: | ||
(A) the property tax rate; | ||
(B) the no-new-revenue [ |
||
(C) the no-new-revenue [ |
||
and operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of county debt obligations. | ||
SECTION 2.51. Section 111.068(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) An adopted budget must contain a cover page that | ||
includes: | ||
(1) one of the following statements in 18-point or | ||
larger type that accurately describes the adopted budget: | ||
(A) "This budget will raise more revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of increase), which is a (insert percentage increase) | ||
percent increase from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; | ||
(B) "This budget will raise less revenue from | ||
property taxes than last year's budget by an amount of (insert total | ||
dollar amount of decrease), which is a (insert percentage decrease) | ||
percent decrease from last year's budget. The property tax revenue | ||
to be raised from new property added to the tax roll this year is | ||
(insert amount computed by multiplying the proposed tax rate by the | ||
value of new property added to the roll)."; or | ||
(C) "This budget will raise the same amount of | ||
revenue from property taxes as last year's budget. The property | ||
tax revenue to be raised from new property added to the tax roll | ||
this year is (insert amount computed by multiplying the proposed | ||
tax rate by the value of new property added to the roll)."; | ||
(2) the record vote of each member of the | ||
commissioners court by name voting on the adoption of the budget; | ||
(3) the county property tax rates for the preceding | ||
fiscal year, and each county property tax rate that has been adopted | ||
or calculated for the current fiscal year, including: | ||
(A) the property tax rate; | ||
(B) the no-new-revenue [ |
||
(C) the no-new-revenue [ |
||
and operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of county debt obligations. | ||
SECTION 2.52. Sections 140.010(a), (d), (e), and (f), Local | ||
Government Code, are amended to read as follows: | ||
(a) In this section, "no-new-revenue [ |
||
and "rollback tax rate" mean the no-new-revenue [ |
||
rate and rollback tax rate of a county or municipality, as | ||
applicable, as calculated under Chapter 26, Tax Code. | ||
(d) A county or municipality that proposes a property tax | ||
rate that does not exceed the lower of the no-new-revenue | ||
[ |
||
following notice: | ||
"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX | ||
RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) | ||
"A tax rate of $______ per $100 valuation has been proposed by the | ||
governing body of (insert name of county or municipality). | ||
PROPOSED TAX RATE $______ per $100 | ||
PRECEDING YEAR'S TAX RATE $______ per $100 | ||
NO-NEW-REVENUE [ |
||
"The no-new-revenue [ |
||
needed to raise the same amount of property tax revenue for (insert | ||
name of county or municipality) from the same properties in both the | ||
(insert preceding tax year) tax year and the (insert current tax | ||
year) tax year. | ||
"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS | ||
FOLLOWS: | ||
property tax amount = (rate) x (taxable value of your property) / | ||
100 | ||
"For assistance or detailed information about tax calculations, | ||
please contact: | ||
(insert name of county or municipal tax assessor-collector) | ||
(insert name of county or municipality) tax | ||
assessor-collector | ||
(insert address) | ||
(insert telephone number) | ||
(insert e-mail address) | ||
(insert Internet website address, if applicable)" | ||
(e) A county or municipality that proposes a property tax | ||
rate that exceeds the lower of the no-new-revenue [ |
||
rate or the rollback tax rate shall provide the following notice: | ||
"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX | ||
RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) | ||
"A tax rate of $_____ per $100 valuation has been proposed for | ||
adoption by the governing body of (insert name of county or | ||
municipality). This rate exceeds the lower of the no-new-revenue | ||
[ |
||
public hearings be held by the governing body before adopting the | ||
proposed tax rate. The governing body of (insert name of county or | ||
municipality) proposes to use revenue attributable to the tax rate | ||
increase for the purpose of (description of purpose of increase). | ||
PROPOSED TAX RATE$______ per $100 | ||
PRECEDING YEAR'S TAX RATE$______ per $100 | ||
NO-NEW-REVENUE [ |
||
ROLLBACK TAX RATE$______ per $100 | ||
"The no-new-revenue [ |
||
needed to raise the same amount of property tax revenue for (insert | ||
name of county or municipality) from the same properties in both the | ||
(insert preceding tax year) tax year and the (insert current tax | ||
year) tax year. | ||
"The rollback tax rate is the highest tax rate that (insert name of | ||
county or municipality) may adopt before the voters are entitled to | ||
petition for an election to limit the rate that may be approved to | ||
the rollback tax rate. | ||
"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS | ||
FOLLOWS: | ||
property tax amount = (rate) x (taxable value of your property) / | ||
100 | ||
"For assistance or detailed information about tax calculations, | ||
please contact: | ||
(insert name of county or municipal tax assessor-collector) | ||
(insert name of county or municipality) tax | ||
assessor-collector | ||
(insert address) | ||
(insert telephone number) | ||
(insert e-mail address) | ||
(insert Internet website address, if applicable) | ||
"You are urged to attend and express your views at the following | ||
public hearings on the proposed tax rate: | ||
First Hearing: (insert date and time) at (insert location of | ||
meeting). | ||
Second Hearing: (insert date and time) at (insert location | ||
of meeting)." | ||
(f) A county or municipality shall: | ||
(1) provide the notice required by Subsection (d) or | ||
(e), as applicable, not later than the later of September 1 or the | ||
30th day after the first date that the taxing unit has received each | ||
applicable certified appraisal roll by: | ||
(A) publishing the notice in a newspaper having | ||
general circulation in: | ||
(i) the county, in the case of notice | ||
published by a county; or | ||
(ii) the county in which the municipality | ||
is located or primarily located, in the case of notice published by | ||
a municipality; or | ||
(B) mailing the notice to each property owner in: | ||
(i) the county, in the case of notice | ||
provided by a county; or | ||
(ii) the municipality, in the case of | ||
notice provided by a municipality; and | ||
(2) post the notice prominently on the home page of the | ||
Internet website of the county or municipality, if applicable, | ||
beginning not later than the later of September 1 or the 30th day | ||
after the first date that the taxing unit has received each | ||
applicable certified appraisal roll and continuing until the county | ||
or municipality adopts a tax rate. | ||
SECTION 2.53. Section 8876.152(b), Special District Local | ||
Laws Code, is amended to read as follows: | ||
(b) Sections 49.236(a)(1) and (2) and (b) [ |
||
Water Code, apply [ |
||
|
||
SECTION 2.54. Section 49.236(a), Water Code, as added by | ||
Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular | ||
Session, 2003, is 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 at a | ||
greater or lesser rate, or even decrease, depending on the tax rate | ||
that is adopted and on the change in the taxable value of your | ||
property in relation to the change in taxable value of all other | ||
property [ |
||
taxable value of your property in relation to the change in the | ||
taxable value of all other property determines the distribution of | ||
the tax burden among all property owners. | ||
"(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; [ |
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(F) the difference between the amounts of tax | ||
calculated under Paragraphs (D) and (E), expressed in dollars and | ||
cents and described as the annual percentage increase or decrease, | ||
as applicable, in the tax to be imposed by the district on the | ||
average residence homestead in the district in the current year if | ||
the proposed tax rate is adopted; and | ||
(G) if the proposed combined debt service, | ||
operation and maintenance, and contract tax rate would authorize | ||
the qualified voters of the district by petition to require a | ||
rollback election to be held in the district, a description of the | ||
purpose of the proposed tax increase; and | ||
(3) contain a statement in substantially the following | ||
form: | ||
"NOTICE OF TAXPAYERS' RIGHT TO 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 rollback tax | ||
rate under Section 49.236(d), Water Code." | ||
SECTION 2.55. The following provisions are repealed: | ||
(1) Sections 403.302(m-1) and (n), Government Code; | ||
(2) Sections 5.103(e) and (f), Tax Code; | ||
(3) Section 6.412(e), Tax Code; | ||
(4) Section 41A.06(c), Tax Code; | ||
(5) Section 49.236, Water Code, as added by Chapter | ||
248 (H.B. 1541), Acts of the 78th Legislature, Regular Session, | ||
2003; and | ||
(6) Section 49.2361, Water Code. | ||
SECTION 2.56. Section 5.041, Tax Code, as amended by this | ||
Act, applies only to an appraisal review board member appointed to | ||
serve a term of office that begins on or after January 1, 2018. | ||
SECTION 2.57. The comptroller shall implement Section | ||
5.043, Tax Code, as added by this Act, as soon as practicable after | ||
January 1, 2018. | ||
SECTION 2.58. (a) The comptroller shall comply with | ||
Sections 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, | ||
as soon as practicable after January 1, 2018. | ||
(b) The comptroller shall comply with Section 5.091, Tax | ||
Code, as amended by this Act, not later than January 1, 2021. | ||
SECTION 2.59. The comptroller shall prepare and make | ||
available the survey form and instructions for completing and | ||
submitting the form required by Section 5.104, Tax Code, as added by | ||
this Act, as soon as practicable after January 1, 2018. An | ||
appraisal district is not required to provide the survey form or | ||
instructions under a requirement of that section until the form and | ||
instructions are prepared and made available by the comptroller. | ||
SECTION 2.60. Section 6.41(d-9), Tax Code, as amended by | ||
this Act, applies only to the appointment of appraisal review board | ||
members to terms beginning on or after January 1, 2019. | ||
SECTION 2.61. Section 6.412, Tax Code, as amended by this | ||
Act, does not affect the eligibility of a person serving on an | ||
appraisal review board immediately before January 1, 2018, to | ||
continue to serve on the board for the term to which the member was | ||
appointed. | ||
SECTION 2.62. Section 6.42(d), Tax Code, as added by this | ||
Act, applies only to a recommendation, determination, decision, or | ||
other action by an appraisal review board or a panel of such a board | ||
on or after January 1, 2018. A recommendation, determination, | ||
decision, or other action by an appraisal review board or a panel of | ||
such a board before January 1, 2018, is governed by the law as it | ||
existed immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
SECTION 2.63. Section 25.25(c), Tax Code, as amended by | ||
this Act, applies only to a motion to correct an appraisal roll | ||
filed on or after January 1, 2018. A motion to correct an appraisal | ||
roll filed before January 1, 2018, is governed by the law in effect | ||
on the date the motion was filed, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 2.64. (a) An appraisal district established in a | ||
county with a population of 120,000 or more and each taxing unit | ||
located wholly or partly in such an appraisal district shall comply | ||
with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, | ||
Tax Code, as added by this Act, beginning with the 2019 tax year. | ||
(b) An appraisal district established in a county with a | ||
population of less than 120,000 and each taxing unit located wholly | ||
in such an appraisal district shall comply with Sections | ||
26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as | ||
added by this Act, beginning with the 2020 tax year. | ||
SECTION 2.65. (a) Except as provided by Subsections (b) and | ||
(c) of this section, the changes in law made by this Act to Chapter | ||
41, Tax Code, apply only to a protest for which the notice of | ||
protest was filed by a property owner or the designated agent of the | ||
owner with the appraisal review board established for an appraisal | ||
district on or after January 1, 2018. | ||
(b) Section 41.03(a), Tax Code, as amended by this Act, | ||
applies only to a challenge under Chapter 41, Tax Code, for which a | ||
challenge petition is filed on or after January 1, 2018. A | ||
challenge under Chapter 41, Tax Code, for which a challenge | ||
petition was filed before January 1, 2018, is governed by the law in | ||
effect on the date the challenge petition was filed, and the former | ||
law is continued in effect for that purpose. | ||
(c) Sections 41.45 and 41.66, Tax Code, as amended by this | ||
Act, apply only to a protest filed under Chapter 41, Tax Code, on or | ||
after January 1, 2019. A protest filed under that chapter before | ||
January 1, 2019, is governed by the law in effect on the date the | ||
protest was filed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 2.66. The changes in law made by this Act in the | ||
qualifications of persons serving as arbitrators in binding | ||
arbitrations of appeals of appraisal review board orders do not | ||
affect the entitlement of a person serving as an arbitrator | ||
immediately before January 1, 2018, to continue to serve as an | ||
arbitrator and to conduct hearings on arbitrations until the person | ||
is required to renew the person's agreement with the comptroller to | ||
serve as an arbitrator. The changes in law apply only to a person | ||
who initially qualifies to serve as an arbitrator or who renews the | ||
person's agreement with the comptroller to serve as an arbitrator | ||
on or after January 1, 2018. This Act does not prohibit a person who | ||
is serving as an arbitrator on January 1, 2018, from renewing the | ||
person's agreement with the comptroller to serve as an arbitrator | ||
if the person has the qualifications required for an arbitrator | ||
under the Tax Code as amended by this Act. | ||
SECTION 2.67. (a) Except as otherwise provided by this | ||
article, this article takes effect January 1, 2018. | ||
(b) The following provisions take effect September 1, 2018: | ||
(1) Sections 6.41(b) and (d-9), Tax Code, as amended | ||
by this Act; | ||
(2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, | ||
as added by this Act; | ||
(3) Section 6.414(d), Tax Code, as amended by this | ||
Act; | ||
(4) Section 6.425, Tax Code, as added by this Act; | ||
(5) Section 41.44(d), Tax Code, as amended by this | ||
Act; | ||
(6) Section 41.45(d), Tax Code, as amended by this | ||
Act; | ||
(7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, | ||
as added by this Act; | ||
(8) Section 41.66(k), Tax Code, as amended by this | ||
Act; and | ||
(9) Section 41.66(k-1), Tax Code, as added by this | ||
Act. | ||
(c) The following provisions take effect January 1, 2019: | ||
(1) Sections 26.04(d-1), (d-2), (e-2), (e-3), and | ||
(e-4), Tax Code, as added by this Act; | ||
(2) Sections 26.04(e-1) and (g), Tax Code, as amended | ||
by this Act; | ||
(3) Sections 26.05(d-1) and (d-2), Tax Code, as added | ||
by this Act; and | ||
(4) Section 26.05(e), Tax Code, as amended by this | ||
Act. | ||
ARTICLE 3. LIMITATION ON INCREASES IN APPRAISED VALUE OF | ||
COMMERCIAL OR INDUSTRIAL REAL PROPERTY | ||
SECTION 3.01. Section 1.12(d), Tax Code, is amended to read | ||
as follows: | ||
(d) For purposes of this section, the appraisal ratio of a | ||
homestead to which Section 23.23 applies or of commercial or | ||
industrial real property to which Section 23.231 applies is the | ||
ratio of the property's market value as determined by the appraisal | ||
district or appraisal review board, as applicable, to the market | ||
value of the property according to law. The appraisal ratio is not | ||
calculated according to the appraised value of the property as | ||
limited by Section 23.23 or 23.231. | ||
SECTION 3.02. Subchapter B, Chapter 23, Tax Code, is | ||
amended by adding Section 23.231 to read as follows: | ||
Sec. 23.231. LIMITATION ON APPRAISED VALUE OF COMMERCIAL OR | ||
INDUSTRIAL REAL PROPERTY. (a) In this section, "new improvement" | ||
means an improvement to commercial or industrial real property made | ||
after the most recent appraisal of the property that increases the | ||
market value of the property and the value of which is not included | ||
in the appraised value of the property for the preceding tax | ||
year. The term does not include repairs to or ordinary maintenance | ||
of an existing structure or the grounds or another feature of the | ||
property. | ||
(b) This section does not apply to: | ||
(1) residential property; | ||
(2) a mineral interest; or | ||
(3) property appraised under Subchapter C, D, E, F, G, | ||
or H. | ||
(c) Notwithstanding the requirements of Section 25.18 and | ||
regardless of whether the appraisal office has appraised the | ||
property and determined the market value of the property for the tax | ||
year, an appraisal office may increase the appraised value of a | ||
parcel of commercial or industrial real property for a tax year to | ||
an amount not to exceed the lesser of: | ||
(1) the market value of the property for the most | ||
recent tax year that the market value was determined by the | ||
appraisal office; or | ||
(2) the sum of: | ||
(A) 20 percent of the appraised value of the | ||
property for the preceding tax year; | ||
(B) the appraised value of the property for the | ||
preceding tax year; and | ||
(C) the market value of all new improvements to | ||
the property. | ||
(d) When appraising a parcel of commercial or industrial | ||
real property, the chief appraiser shall: | ||
(1) appraise the property at its market value; and | ||
(2) include in the appraisal records both the market | ||
value of the property and the amount computed under Subsection | ||
(c)(2). | ||
(e) The limitation provided by Subsection (c) takes effect | ||
as to a parcel of commercial or industrial real property on January | ||
1 of the tax year following the first tax year in which the owner | ||
owns the property on January 1 and in which the property qualifies | ||
as commercial or industrial real property under this section. | ||
Except as provided by Subsection (f), the limitation expires on | ||
January 1 of the tax year following the first tax year in which the | ||
owner of the property ceases to own the property or the property | ||
ceases to qualify as commercial or industrial real property. | ||
(f) If property subject to a limitation under this section | ||
is owned by two or more persons, the limitation expires on January 1 | ||
of the tax year following the first tax year in which the ownership | ||
of at least a 50 percent interest in the property is sold or | ||
otherwise transferred. | ||
(g) Notwithstanding Subsections (a) and (c) and except as | ||
provided by Subdivision (2) of this subsection, an improvement to | ||
property that would otherwise constitute a new improvement is not | ||
treated as a new improvement if the improvement is a replacement | ||
structure for a structure that was rendered unusable by a casualty | ||
or by wind or water damage. For purposes of appraising the property | ||
under Subsection (c) in the tax year in which the structure would | ||
have constituted a new improvement: | ||
(1) the appraised value the property would have had in | ||
the preceding tax year if the casualty or damage had not occurred is | ||
considered to be the appraised value of the property for that year, | ||
regardless of whether that appraised value exceeds the actual | ||
appraised value of the property for that year as limited by | ||
Subsection (c); and | ||
(2) the replacement structure is considered to be a | ||
new improvement only if: | ||
(A) the square footage of the replacement | ||
structure exceeds that of the replaced structure as that structure | ||
existed before the casualty or damage occurred; or | ||
(B) the exterior of the replacement structure is | ||
of higher quality construction and composition than that of the | ||
replaced structure. | ||
(h) In this subsection, "disaster recovery program" means | ||
the disaster recovery program administered by the General Land | ||
Office that is funded with community development block grant | ||
disaster recovery money authorized by the Consolidated Security, | ||
Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. | ||
L. No. 110-329), and the Consolidated and Further Continuing | ||
Appropriations Act, 2012 (Pub. L. No. 112-55). Notwithstanding | ||
Subsection (g)(2), and only to the extent necessary to satisfy the | ||
requirements of the disaster recovery program, a replacement | ||
structure described by that subdivision is not considered to be a | ||
new improvement if to satisfy the requirements of the disaster | ||
recovery program it was necessary that: | ||
(1) the square footage of the replacement structure | ||
exceed that of the replaced structure as that structure existed | ||
before the casualty or damage occurred; or | ||
(2) the exterior of the replacement structure be of | ||
higher quality construction and composition than that of the | ||
replaced structure. | ||
SECTION 3.03. (a) Effective January 1, 2018, Sections | ||
25.19(b) and (g), Tax Code, are amended to read as follows: | ||
(b) The chief appraiser shall separate real from personal | ||
property and include in the notice for each: | ||
(1) a list of the taxing units in which the property is | ||
taxable; | ||
(2) the appraised value of the property in the | ||
preceding year; | ||
(3) the taxable value of the property in the preceding | ||
year for each taxing unit taxing the property; | ||
(4) the appraised value of the property for the | ||
current year, the kind and amount of each exemption and partial | ||
exemption, if any, approved for the property for the current year | ||
and for the preceding year, and, if an exemption or partial | ||
exemption that was approved for the preceding year was canceled or | ||
reduced for the current year, the amount of the exemption or partial | ||
exemption canceled or reduced; | ||
(4-a) a statement of whether the property qualifies | ||
for the limitation on appraised value provided by Section 23.231; | ||
(5) if the appraised value is greater than it was in | ||
the preceding year, the amount of tax that would be imposed on the | ||
property on the basis of the tax rate for the preceding year; | ||
(6) in italic typeface, the following | ||
statement: "The Texas Legislature does not set the amount of your | ||
local taxes. Your property tax burden is decided by your locally | ||
elected officials, and all inquiries concerning your taxes should | ||
be directed to those officials"; | ||
(7) a detailed explanation of the time and procedure | ||
for protesting the value; | ||
(8) the date and place the appraisal review board will | ||
begin hearing protests; and | ||
(9) a brief explanation that the governing body of | ||
each taxing unit decides whether or not taxes on the property will | ||
increase and the appraisal district only determines the value of | ||
the property. | ||
(g) By April 1 or as soon thereafter as practicable if the | ||
property is a single-family residence that qualifies for an | ||
exemption under Section 11.13, or by May 1 or as soon thereafter as | ||
practicable in connection with any other property, the chief | ||
appraiser shall deliver a written notice to the owner of each | ||
property not included in a notice required to be delivered under | ||
Subsection (a), if the property was reappraised in the current tax | ||
year, if the ownership of the property changed during the preceding | ||
year, or if the property owner or the agent of a property owner | ||
authorized under Section 1.111 makes a written request for the | ||
notice. The chief appraiser shall separate real from personal | ||
property and include in the notice for each property: | ||
(1) the appraised value of the property in the | ||
preceding year; | ||
(2) the appraised value of the property for the | ||
current year and the kind of each partial exemption, if any, | ||
approved for the current year; | ||
(2-a) a statement of whether the property qualifies | ||
for the limitation on appraised value provided by Section 23.231; | ||
(3) a detailed explanation of the time and procedure | ||
for protesting the value; and | ||
(4) the date and place the appraisal review board will | ||
begin hearing protests. | ||
(b) Effective January 1, 2020, Sections 25.19(b) and (i), | ||
Tax Code, are amended to read as follows: | ||
(b) The chief appraiser shall separate real from personal | ||
property and include in the notice for each: | ||
(1) a list of the taxing units in which the property is | ||
taxable; | ||
(2) the appraised value of the property in the | ||
preceding year; | ||
(3) the taxable value of the property in the preceding | ||
year for each taxing unit taxing the property; | ||
(4) the appraised value of the property for the | ||
current year, the kind and amount of each exemption and partial | ||
exemption, if any, approved for the property for the current year | ||
and for the preceding year, and, if an exemption or partial | ||
exemption that was approved for the preceding year was canceled or | ||
reduced for the current year, the amount of the exemption or partial | ||
exemption canceled or reduced; | ||
(4-a) a statement of whether the property qualifies | ||
for the limitation on appraised value provided by Section 23.231; | ||
(5) [ |
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[ |
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statement: "The Texas Legislature does not set the amount of your | ||
local taxes. Your property tax burden is decided by your locally | ||
elected officials, and all inquiries concerning your taxes should | ||
be directed to those officials"; | ||
(6) [ |
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procedure for protesting the value; | ||
(7) [ |
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board will begin hearing protests; and | ||
(8) [ |
||
of each taxing unit decides whether or not taxes on the property | ||
will increase and the appraisal district only determines the value | ||
of the property. | ||
(i) Delivery with a notice required by Subsection (a) or (g) | ||
of a copy of the pamphlet published by the comptroller under Section | ||
5.06 or a copy of the notice published by the chief appraiser under | ||
Section 41.70 is sufficient to comply with the requirement that the | ||
notice include the information specified by Subsection (b)(6) | ||
[ |
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SECTION 3.04. Section 41.41(a), Tax Code, is amended to | ||
read as follows: | ||
(a) A property owner is entitled to protest before the | ||
appraisal review board the following actions: | ||
(1) determination of the appraised value of the | ||
owner's property or, in the case of land appraised as provided by | ||
Subchapter C, D, E, or H, Chapter 23, determination of its appraised | ||
or market value; | ||
(2) unequal appraisal of the owner's property; | ||
(3) inclusion of the owner's property on the appraisal | ||
records; | ||
(4) denial to the property owner in whole or in part of | ||
a partial exemption; | ||
(4-a) determination that the owner's property does not | ||
qualify for the limitation on appraised value provided by Section | ||
23.231; | ||
(5) determination that the owner's land does not | ||
qualify for appraisal as provided by Subchapter C, D, E, or H, | ||
Chapter 23; | ||
(6) identification of the taxing units in which the | ||
owner's property is taxable in the case of the appraisal district's | ||
appraisal roll; | ||
(7) determination that the property owner is the owner | ||
of property; | ||
(8) a determination that a change in use of land | ||
appraised under Subchapter C, D, E, or H, Chapter 23, has occurred; | ||
or | ||
(9) any other action of the chief appraiser, appraisal | ||
district, or appraisal review board that applies to and adversely | ||
affects the property owner. | ||
SECTION 3.05. Section 42.26(d), Tax Code, is amended to | ||
read as follows: | ||
(d) For purposes of this section, the value of the property | ||
subject to the suit and the value of a comparable property or sample | ||
property that is used for comparison must be the market value | ||
determined by the appraisal district when the property is [ |
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imposed by Section 23.23 or 23.231. | ||
SECTION 3.06. Sections 403.302(d) and (i), Government Code, | ||
are amended to read as follows: | ||
(d) For the purposes of this section, "taxable value" means | ||
the market value of all taxable property less: | ||
(1) the total dollar amount of any residence homestead | ||
exemptions lawfully granted under Section 11.13(b) or (c), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(2) one-half of the total dollar amount of any | ||
residence homestead exemptions granted under Section 11.13(n), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(3) the total dollar amount of any exemptions granted | ||
before May 31, 1993, within a reinvestment zone under agreements | ||
authorized by Chapter 312, Tax Code; | ||
(4) subject to Subsection (e), the total dollar amount | ||
of any captured appraised value of property that: | ||
(A) is within a reinvestment zone created on or | ||
before May 31, 1999, or is proposed to be included within the | ||
boundaries of a reinvestment zone as the boundaries of the zone and | ||
the proposed portion of tax increment paid into the tax increment | ||
fund by a school district are described in a written notification | ||
provided by the municipality or the board of directors of the zone | ||
to the governing bodies of the other taxing units in the manner | ||
provided by former Section 311.003(e), Tax Code, before May 31, | ||
1999, and within the boundaries of the zone as those boundaries | ||
existed on September 1, 1999, including subsequent improvements to | ||
the property regardless of when made; | ||
(B) generates taxes paid into a tax increment | ||
fund created under Chapter 311, Tax Code, under a reinvestment zone | ||
financing plan approved under Section 311.011(d), Tax Code, on or | ||
before September 1, 1999; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(5) the total dollar amount of any captured appraised | ||
value of property that: | ||
(A) is within a reinvestment zone: | ||
(i) created on or before December 31, 2008, | ||
by a municipality with a population of less than 18,000; and | ||
(ii) the project plan for which includes | ||
the alteration, remodeling, repair, or reconstruction of a | ||
structure that is included on the National Register of Historic | ||
Places and requires that a portion of the tax increment of the zone | ||
be used for the improvement or construction of related facilities | ||
or for affordable housing; | ||
(B) generates school district taxes that are paid | ||
into a tax increment fund created under Chapter 311, Tax Code; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(6) the total dollar amount of any exemptions granted | ||
under Section 11.251 or 11.253, Tax Code; | ||
(7) the difference between the comptroller's estimate | ||
of the market value and the productivity value of land that | ||
qualifies for appraisal on the basis of its productive capacity, | ||
except that the productivity value estimated by the comptroller may | ||
not exceed the fair market value of the land; | ||
(8) the portion of the appraised value of residence | ||
homesteads of individuals who receive a tax limitation under | ||
Section 11.26, Tax Code, on which school district taxes are not | ||
imposed in the year that is the subject of the study, calculated as | ||
if the residence homesteads were appraised at the full value | ||
required by law; | ||
(9) a portion of the market value of property not | ||
otherwise fully taxable by the district at market value because of: | ||
(A) action required by statute or the | ||
constitution of this state, other than Section 11.311, Tax Code, | ||
that, if the tax rate adopted by the district is applied to it, | ||
produces an amount equal to the difference between the tax that the | ||
district would have imposed on the property if the property were | ||
fully taxable at market value and the tax that the district is | ||
actually authorized to impose on the property, if this subsection | ||
does not otherwise require that portion to be deducted; or | ||
(B) action taken by the district under Subchapter | ||
B or C, Chapter 313, Tax Code, before the expiration of the | ||
subchapter; | ||
(10) the market value of all tangible personal | ||
property, other than manufactured homes, owned by a family or | ||
individual and not held or used for the production of income; | ||
(11) the appraised value of property the collection of | ||
delinquent taxes on which is deferred under Section 33.06, Tax | ||
Code; | ||
(12) the portion of the appraised value of property | ||
the collection of delinquent taxes on which is deferred under | ||
Section 33.065, Tax Code; and | ||
(13) the amount by which the market value of property | ||
[ |
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applies exceeds the appraised value of that property as calculated | ||
under Section 23.23 or 23.231, Tax Code, as applicable [ |
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(i) If the comptroller determines in the study that the | ||
market value of property in a school district as determined by the | ||
appraisal district that appraises property for the school district, | ||
less the total of the amounts and values listed in Subsection (d) as | ||
determined by that appraisal district, is valid, the comptroller, | ||
in determining the taxable value of property in the school district | ||
under Subsection (d), shall for purposes of Subsection (d)(13) | ||
subtract from the market value as determined by the appraisal | ||
district of properties [ |
||
23.23 or 23.231, Tax Code, applies the amount by which that amount | ||
exceeds the appraised value of those properties as calculated by | ||
the appraisal district under Section 23.23 or 23.231, Tax Code, as | ||
applicable. If the comptroller determines in the study that the | ||
market value of property in a school district as determined by the | ||
appraisal district that appraises property for the school district, | ||
less the total of the amounts and values listed in Subsection (d) as | ||
determined by that appraisal district, is not valid, the | ||
comptroller, in determining the taxable value of property in the | ||
school district under Subsection (d), shall for purposes of | ||
Subsection (d)(13) subtract from the market value as estimated by | ||
the comptroller of properties [ |
||
Section 23.23 or 23.231, Tax Code, applies the amount by which that | ||
amount exceeds the appraised value of those properties as | ||
calculated by the appraisal district under Section 23.23 or 23.231, | ||
Tax Code, as applicable. | ||
SECTION 3.07. This article applies only to the appraisal of | ||
commercial or industrial real property for ad valorem tax purposes | ||
for a tax year that begins on or after January 1, 2018. | ||
SECTION 3.08. Except as otherwise provided by this article, | ||
this article takes effect January 1, 2018, but only if the | ||
constitutional amendment proposed by the 85th Legislature, 1st | ||
Called Session, 2017, to authorize the legislature to limit | ||
increases in the appraised value of commercial or industrial real | ||
property for ad valorem tax purposes to 20 percent or more of the | ||
appraised value of the property for the preceding tax year is | ||
approved by the voters. If that amendment is not approved by the | ||
voters, this article has no effect. | ||
ARTICLE 4. EFFECTIVE DATE | ||
SECTION 4.01. Except as otherwise provided by this Act, | ||
this Act takes effect January 1, 2018. |