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A BILL TO BE ENTITLED
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AN ACT
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relating to ad valorem taxation; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. SHORT TITLE |
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SECTION 1.01. This Act may be cited as the Property Tax |
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Payer Empowerment Act of 2017. |
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ARTICLE 2. ADMINISTRATION OF AD VALOREM TAX SYSTEM |
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SECTION 2.01. Section 1.085(a), Tax Code, is amended to |
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read as follows: |
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(a) Notwithstanding any other provision in this title and |
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except as provided by this section, any notice, rendition, |
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application form, or completed application, or information |
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requested under Section 41.461(a)(2), that is required or permitted |
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by this title to be delivered between a chief appraiser, an |
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appraisal district, an appraisal review board, or any combination |
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of those persons and a property owner or [between a chief appraiser,
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an appraisal district, an appraisal review board, or any
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combination of those persons and] a person designated by a property |
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owner under Section 1.111(f) may be delivered in an electronic |
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format if the chief appraiser and the property owner or person |
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designated by the owner agree under this section. |
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SECTION 2.02. Chapter 5, Tax Code, is amended by adding |
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Section 5.01 to read as follows: |
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Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. |
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(a) The comptroller shall appoint the property tax administration |
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advisory board to advise the comptroller with respect to the |
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division or divisions within the office of the comptroller with |
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primary responsibility for state administration of property |
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taxation and state oversight of appraisal districts and local tax |
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offices. The advisory board may make recommendations to the |
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comptroller regarding improving the effectiveness and efficiency |
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of the property tax system, best practices, and complaint |
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resolution procedures. The comptroller shall post the |
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recommendations of the advisory board on the comptroller's Internet |
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website. |
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(b) The advisory board is composed of at least six members |
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appointed by the comptroller. The members of the board should |
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include: |
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(1) representatives of property tax payers, appraisal |
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districts, and school districts; and |
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(2) a person who has knowledge or experience in |
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conducting ratio studies. |
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(c) The members of the advisory board serve at the pleasure |
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of the comptroller. |
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(d) Any advice to the comptroller relating to a matter |
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described by Subsection (a) that is provided by a member of the |
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advisory board must be provided at a meeting called by the |
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comptroller. |
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(e) Chapter 2110, Government Code, does not apply to the |
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advisory board. |
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SECTION 2.03. Sections 5.041(b), (c), and (e-1), Tax Code, |
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are amended to read as follows: |
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(b) A member of the appraisal review board established for |
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an appraisal district must complete the course established under |
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Subsection (a). The course must provide at least eight hours of |
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classroom training and education. A member of the appraisal review |
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board may not participate in a hearing conducted by the board unless |
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the person has completed the course established under Subsection |
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(a) and received a certificate of course completion. |
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(c) The comptroller may contract with service providers to |
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assist with the duties imposed under Subsection (a), but the course |
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required may not be provided by an appraisal district, the chief |
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appraiser or another employee of an appraisal district, a member of |
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the board of directors of an appraisal district, a member of an |
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appraisal review board, or a taxing unit. The comptroller may |
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assess a fee to recover a portion of the costs incurred for the |
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training course, but the fee may not exceed $50 per person trained. |
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If the training is provided to an individual other than a member of |
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an appraisal review board, the comptroller may assess a fee not to |
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exceed $50 per person trained. |
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(e-1) In addition to the course established under |
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Subsection (a), the comptroller shall approve curricula and provide |
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materials for use in a continuing education course for members of an |
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appraisal review board. The course must provide at least four hours |
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of classroom training and education. The curricula and materials |
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must include information regarding: |
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(1) the cost, income, and market data comparison |
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methods of appraising property; |
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(2) the appraisal of business personal property; |
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(3) the determination of capitalization rates for |
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property appraisal purposes; |
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(4) the duties of an appraisal review board; |
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(5) the requirements regarding the independence of an |
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appraisal review board from the board of directors and the chief |
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appraiser and other employees of the appraisal district; |
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(6) the prohibitions against ex parte communications |
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applicable to appraisal review board members; |
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(7) the Uniform Standards of Professional Appraisal |
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Practice; |
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(8) the duty of the appraisal district to substantiate |
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the district's determination of the value of property; |
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(9) the requirements regarding the equal and uniform |
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appraisal of property; |
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(10) the right of a property owner to protest the |
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appraisal of the property as provided by Chapter 41; and |
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(11) a detailed explanation of each of the actions |
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described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, |
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41.42, and 41.43 so that members are fully aware of each of the |
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grounds on which a property appraisal can be appealed. |
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SECTION 2.04. Chapter 5, Tax Code, is amended by adding |
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Section 5.043 to read as follows: |
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Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section |
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applies only to persons who have agreed to serve as arbitrators |
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under Chapter 41A. |
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(b) The comptroller shall: |
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(1) approve curricula and provide an arbitration |
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manual and other materials for use in training and educating |
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arbitrators; |
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(2) make all materials for use in training and |
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educating arbitrators freely available online; and |
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(3) establish and supervise a training program on |
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property tax law for the training and education of arbitrators. |
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(c) The training program must: |
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(1) emphasize the requirements regarding the equal and |
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uniform appraisal of property; and |
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(2) be at least four hours in length. |
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(d) The training program may be provided online. The |
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comptroller by rule may prescribe the manner by which the |
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comptroller may verify that a person taking the training program |
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online has taken and completed the program. |
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(e) The comptroller may contract with service providers to |
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assist with the duties imposed under Subsection (b), but the |
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training program may not be provided by an appraisal district, the |
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chief appraiser or another employee of an appraisal district, a |
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member of the board of directors of an appraisal district, a member |
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of an appraisal review board, or a taxing unit. The comptroller may |
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assess a fee to recover a portion of the costs incurred for the |
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training program, but the fee may not exceed $50 for each person |
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trained. |
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(f) The comptroller shall prepare an arbitration manual for |
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use in the training program. The manual shall be updated regularly |
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and may be revised on request, in writing, to the comptroller. The |
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revised language must be approved by the unanimous agreement of a |
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committee selected by the comptroller and representing, equally, |
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taxpayers and chief appraisers. The person requesting the revision |
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must pay the costs of mediation if the comptroller determines that |
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mediation is required. |
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SECTION 2.05. Section 5.07, Tax Code, is amended by adding |
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Subsections (f), (g), (h), and (i) to read as follows: |
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(f) In conjunction with prescribing a uniform record system |
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to be used by all appraisal districts as required by Subsection (c), |
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the comptroller shall prescribe tax rate calculation forms to be |
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used by the designated officer or employee of each: |
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(1) taxing unit other than a school district to |
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calculate and submit the no-new-revenue tax rate and the rollback |
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tax rate for the unit as required by Chapter 26; and |
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(2) school district to calculate and submit the |
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no-new-revenue tax rate, the rollback tax rate, and the rate to |
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maintain the same amount of state and local revenue per weighted |
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student that the district received in the school year beginning in |
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the preceding tax year as required by Chapter 26. |
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(g) The forms described by Subsection (f) must be in an |
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electronic format and: |
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(1) have blanks that can be filled in electronically; |
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(2) be capable of being certified by the designated |
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officer or employee after completion as accurately calculating the |
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applicable tax rates and using values that are the same as the |
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values shown in the taxing unit's certified appraisal roll; and |
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(3) be capable of being submitted electronically to |
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the chief appraiser of each appraisal district in which the taxing |
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unit is located. |
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(h) For purposes of Subsections (f) and (g), the comptroller |
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shall use the forms published on the comptroller's Internet website |
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as of January 1, 2017, as modified as necessary to comply with the |
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requirements of those subsections. The forms may be updated at the |
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discretion of the comptroller to reflect any statutory change in |
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the values used to calculate a tax rate or to reflect formatting or |
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other nonsubstantive changes. |
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(i) The comptroller may revise the forms to reflect |
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statutory changes other than those described by Subsection (h) or |
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on receipt of a request in writing. A revision under this |
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subsection must be approved by the agreement of a majority of the |
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members of a committee selected by the comptroller who are present |
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at a committee meeting at which a quorum is present. The members of |
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the committee must represent, equally, taxpayers and either taxing |
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units or persons designated by taxing units. In the case of a |
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revision for which the comptroller receives a request in writing, |
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the person requesting the revision shall pay the costs of mediation |
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if the comptroller determines that mediation is required. |
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SECTION 2.06. Section 5.091, Tax Code, is amended to read as |
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follows: |
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Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the |
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comptroller shall prepare a list that includes the total tax rate |
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imposed by each taxing unit in this state, as [other than a school
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district, if the tax rate is] reported to the comptroller by each |
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appraisal district, for the year [preceding the year] in which the |
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list is prepared. The comptroller shall: |
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(1) prescribe the manner in which and deadline by |
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which appraisal districts are required to submit the tax rates to |
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the comptroller; and |
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(2) list the tax rates alphabetically according to: |
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(A) the county or counties in which each taxing |
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unit is located; and |
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(B) the name of each taxing unit [in descending
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order]. |
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(b) Not later than January 1 [December 31] of the following |
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[each] year, the comptroller shall publish on the comptroller's |
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Internet website the list required by Subsection (a). |
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SECTION 2.07. Section 5.102(a), Tax Code, is amended to |
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read as follows: |
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(a) At least once every two years, the comptroller shall |
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review the governance of each appraisal district, taxpayer |
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assistance provided, and the operating and appraisal standards, |
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procedures, and methodology used by each appraisal district, to |
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determine compliance with generally accepted standards, |
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procedures, and methodology. After consultation with the property |
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tax administration advisory board [committee created under Section
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403.302, Government Code], the comptroller by rule may establish |
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procedures and standards for conducting and scoring the review. |
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SECTION 2.08. Chapter 5, Tax Code, is amended by adding |
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Section 5.104 to read as follows: |
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Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The |
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comptroller shall prepare: |
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(1) an appraisal review board survey form that allows |
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an individual described by Subsection (b) to submit comments and |
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suggestions to the comptroller regarding an appraisal review board; |
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and |
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(2) instructions for completing and submitting the |
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form. |
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(b) The following individuals may complete and submit a |
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survey form under this section: |
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(1) a property owner who files a motion under Section |
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25.25 to correct the appraisal roll or a protest under Chapter 41; |
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(2) the designated agent of the property owner; or |
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(3) a designated representative of the appraisal |
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district in which the motion or protest is filed who attends the |
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hearing on the motion or protest. |
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(c) The survey form must allow an individual to submit |
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comments and suggestions regarding: |
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(1) the matters listed in Section 5.103(b); and |
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(2) any other matter related to the fairness and |
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efficiency of the appraisal review board. |
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(d) An appraisal district must provide the survey form and |
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the instructions for completing and submitting the form to each |
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property owner or designated agent of the owner: |
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(1) at or before each hearing conducted under Section |
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25.25 or Chapter 41 by the appraisal review board established for |
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the appraisal district or by a panel of the board; and |
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(2) with each order under Section 25.25 or 41.47 |
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determining a motion or protest, as applicable, delivered by the |
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board or by a panel of the board. |
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(e) An individual who elects to submit the survey form must |
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submit the form to the comptroller as provided by this section. An |
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appraisal district may not accept a survey form submitted under |
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this section. An individual may submit only one survey form for |
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each motion or protest. |
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(f) The comptroller shall allow an individual to submit a |
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survey form to the comptroller in the following manner: |
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(1) in person; |
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(2) by mail; |
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(3) by electronic mail; or |
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(4) through a web page on the comptroller's Internet |
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website that allows the individual to complete and submit the form. |
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(g) An appraisal district may not require a property owner |
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or the designated agent of the owner to complete a survey form at |
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the appraisal office in order to be permitted to submit the form to |
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the comptroller. |
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(h) A property owner or the designated agent of the owner |
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who elects to submit a survey form provided to the owner or agent |
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under Subsection (d)(1) or (2) must submit the form not later than |
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the earlier of the 45th day after the date: |
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(1) the form is sent to the owner or agent under |
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Subsection (d)(2); or |
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(2) the matter that is the subject of the protest is |
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finally resolved if the protest is settled or otherwise resolved in |
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a manner that does not require the issuance of an order described by |
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Subsection (d)(2). |
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(i) A designated representative of an appraisal district |
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who elects to submit a survey form following a hearing conducted |
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under Section 25.25 or Chapter 41 must submit the form not later |
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than the 45th day after the date the form is sent to the property |
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owner or designated agent of the owner under Subsection (d)(2) |
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following that hearing. |
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(j) The comptroller shall issue an annual report that |
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summarizes the information included in the survey forms submitted |
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during the preceding year. The report may not disclose the identity |
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of an individual who submitted a survey form. |
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(k) The comptroller may adopt rules necessary to implement |
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this section. |
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SECTION 2.09. Section 6.41, Tax Code, is amended by |
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amending Subsections (b) and (d-9) and adding Subsections (b-1), |
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(b-2), and (d-10) to read as follows: |
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(b) Except as provided by Subsection (b-1) or (b-2), an |
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appraisal review [The] board consists of three members. |
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(b-1) An appraisal [However, the] district board of |
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directors by resolution of a majority of the board's [its] members |
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may increase the size of the district's appraisal review board to |
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the number of members the board of directors considers appropriate. |
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(b-2) An appraisal district board of directors for a |
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district established in a county with a population of one million or |
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more by resolution of a majority of the board's members shall |
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increase the size of the district's appraisal review board to the |
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number of members the board of directors considers appropriate to |
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manage the duties of the appraisal review board, including the |
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duties of each special panel established under Section 6.425. |
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(d-9) In selecting individuals who are to serve as members |
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of the appraisal review board, the local administrative district |
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judge shall select an adequate number of qualified individuals to |
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permit the chairman of the appraisal review board to fill the |
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positions on each special panel established under Section 6.425. |
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(d-10) Upon selection of the individuals who are to serve as |
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members of the appraisal review board, the local administrative |
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district judge shall enter an appropriate order designating such |
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members and setting each member's respective term of office, as |
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provided elsewhere in this section. |
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SECTION 2.10. Sections 6.412(a) and (d), Tax Code, are |
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amended to read as follows: |
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(a) An individual is ineligible to serve on an appraisal |
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review board if the individual: |
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(1) is related within the second degree by |
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consanguinity or affinity, as determined under Chapter 573, |
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Government Code, to an individual who is engaged in the business of |
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appraising property for compensation for use in proceedings under |
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this title or of representing property owners for compensation in |
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proceedings under this title in the appraisal district for which |
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the appraisal review board is established; |
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(2) owns property on which delinquent taxes have been |
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owed to a taxing unit for more than 60 days after the date the |
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individual knew or should have known of the delinquency unless: |
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(A) the delinquent taxes and any penalties and |
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interest are being paid under an installment payment agreement |
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under Section 33.02; or |
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(B) a suit to collect the delinquent taxes is |
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deferred or abated under Section 33.06 or 33.065; or |
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(3) is related within the third degree by |
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consanguinity or within the second degree by affinity, as |
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determined under Chapter 573, Government Code, to a member of: |
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(A) the appraisal district's board of directors; |
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or |
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(B) the appraisal review board. |
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(d) A person is ineligible to serve on the appraisal review |
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board of an appraisal district established for a county described |
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by Section 6.41(d-1) [having a population of more than 100,000] if |
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the person: |
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(1) is a former member of the board of directors, |
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former officer, or former employee of the appraisal district; |
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(2) served as a member of the governing body or officer |
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of a taxing unit for which the appraisal district appraises |
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property, until the fourth anniversary of the date the person |
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ceased to be a member or officer; [or] |
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(3) appeared before the appraisal review board for |
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compensation during the two-year period preceding the date the |
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person is appointed; or |
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(4) served for all or part of three previous terms as a |
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board member or auxiliary board member on the appraisal review |
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board. |
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SECTION 2.11. Section 6.414(d), Tax Code, is amended to |
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read as follows: |
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(d) An auxiliary board member may hear taxpayer protests |
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before the appraisal review board. An auxiliary board member may |
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not hear taxpayer protests before a special panel established under |
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Section 6.425 unless the member is eligible to be appointed to the |
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special panel. If one or more auxiliary board members sit on a |
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panel established under Section 6.425 or 41.45 to conduct a protest |
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hearing, the number of regular appraisal review board members |
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required by that section to constitute the panel is reduced by the |
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number of auxiliary board members sitting. An auxiliary board |
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member sitting on a panel is considered a regular board member for |
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all purposes related to the conduct of the hearing. |
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SECTION 2.12. Section 6.42, Tax Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) A majority of the appraisal review board constitutes a |
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quorum. The local administrative district judge under Subchapter |
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D, Chapter 74, Government Code, in the county in which [board of
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directors of] the appraisal district is established [by resolution] |
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shall select a chairman and a secretary from among the members of |
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the appraisal review board. The judge [board of directors of the
|
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appraisal district] is encouraged to select as chairman [of the
|
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appraisal review board] a member of the appraisal review board, if |
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any, who has a background in law and property appraisal. |
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(d) The concurrence of a majority of the members of the |
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appraisal review board or a panel of the board present at a meeting |
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of the board or panel is sufficient for a recommendation, |
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determination, decision, or other action by the board or panel, and |
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the concurrence of more than a majority of the members of the board |
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or panel may not be required. |
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SECTION 2.13. Subchapter C, Chapter 6, Tax Code, is amended |
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by adding Section 6.425 to read as follows: |
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Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN |
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CERTAIN DISTRICTS. (a) This section applies only to the appraisal |
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review board for an appraisal district described by Section |
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6.41(b-2). |
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(b) The appraisal review board shall establish special |
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panels to conduct protest hearings under Chapter 41 relating to |
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property that: |
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(1) has an appraised value of $50 million or more as |
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determined by the appraisal district; and |
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(2) is included in one of the following |
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classifications: |
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(A) commercial real and personal property; |
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(B) real and personal property of utilities; |
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(C) industrial and manufacturing real and |
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personal property; and |
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(D) multifamily residential real property. |
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(c) Each special panel described by this section consists of |
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three members of the appraisal review board appointed by the |
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chairman of the board. |
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(d) To be eligible to be appointed to a special panel |
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described by this section, a member of the appraisal review board |
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must: |
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(1) hold a juris doctor or equivalent degree; |
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(2) hold a master of business administration degree; |
|
(3) be licensed as a certified public accountant under |
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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 |
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Appraisal Institute; |
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(6) possess a Certified Assessment Evaluator (CAE) |
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professional designation from the International Association of |
|
Assessing Officers; |
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(7) have at least 20 years of experience in property |
|
tax appraisal or consulting; or |
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(8) be licensed as a real estate broker or sales agent |
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under Chapter 1101, Occupations Code. |
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(e) Notwithstanding Subsection (d), the chairman of the |
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appraisal review board may appoint to a special panel described by |
|
this section a member of the appraisal review board who does not |
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meet the qualifications prescribed by that subsection if: |
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(1) the number of persons appointed to the board by the |
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local administrative district judge who meet those qualifications |
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is not sufficient to fill the positions on each special panel; and |
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(2) the board member being appointed to the panel |
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holds a bachelor's degree in any field. |
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(f) In addition to conducting protest hearings relating to |
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property described by Subsection (b) of this section, a special |
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panel may conduct protest hearings under Chapter 41 relating to |
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property not described by Subsection (b) of this section as |
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assigned by the chairman of the appraisal review board. |
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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 |
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follows: |
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(b-3) This subsection applies only to an appraisal district |
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described by Section 6.41(b-2). In addition to the information |
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required by Subsection (b), the chief appraiser shall state in a |
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notice of appraised value of property described by Section 6.425(b) |
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that the property owner has the right to have a protest relating to |
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the property heard by a special panel of the appraisal review board. |
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(b-4) Subsection (b)(5) applies only to a notice of |
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appraised value required to be delivered by the chief appraiser of |
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an appraisal district established in a county with a population of |
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less than 120,000. This subsection expires January 1, 2020. |
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SECTION 2.15. (a) This section takes effect only if Article |
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3 of this Act does not take effect. |
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(b) Effective January 1, 2020, Sections 25.19(b) and (i), |
|
Tax Code, are amended to read as follows: |
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(b) The chief appraiser shall separate real from personal |
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property and include in the notice for each: |
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(1) a list of the taxing units in which the property is |
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taxable; |
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(2) the appraised value of the property in the |
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preceding year; |
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(3) the taxable value of the property in the preceding |
|
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) [if the appraised value is greater than it was in
|
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the preceding year, the amount of tax that would be imposed on the
|
|
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"; |
|
(6) [(7)] a detailed explanation of the time and |
|
procedure for protesting the value; |
|
(7) [(8)] the date and place the appraisal review |
|
board will begin hearing protests; and |
|
(8) [(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. |
|
(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) |
|
[(b)(7)] or (g)(3), as applicable. |
|
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; [or] |
|
(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 [(9) "Effective] maintenance |
|
and operations rate" means a rate expressed in dollars per $100 of |
|
taxable value and calculated according to the following formula: |
|
NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS |
|
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 [EFFECTIVE] AND ROLLBACK TAX RATES. |
|
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 [an estimate of] the |
|
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 [An] officer or employee designated by the |
|
governing body shall calculate the no-new-revenue [effective] tax |
|
rate and the rollback tax rate for the unit, where: |
|
(1) "No-new-revenue [Effective] tax rate" means a rate |
|
expressed in dollars per $100 of taxable value calculated according |
|
to the following formula: |
|
NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST YEAR'S |
|
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 [EFFECTIVE] MAINTENANCE |
|
AND OPERATIONS RATE x 1.08) + CURRENT DEBT RATE |
|
(d) The no-new-revenue [effective] tax rate for a county is |
|
the sum of the no-new-revenue [effective] tax rates calculated for |
|
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 [He] shall |
|
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 [effective] tax rate, the |
|
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 [effective] tax rate would result in an |
|
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 |
|
[effective] and rollback tax rates under this section. |
|
(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, [or] publication, or posting |
|
requirements of this section or Section 26.17 or 26.18 [and the
|
|
failure to comply was not in good faith]. |
|
(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 [effective] maintenance and |
|
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 [effective] maintenance and operations rate of the |
|
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 [effective] maintenance and |
|
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 |
|
[effective] maintenance and operations rate by an amount not to |
|
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 [effective] tax |
|
rate and rollback tax rate for the unit are calculated according to |
|
the following formulas: |
|
NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S |
|
LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
|
PROPERTY VALUE)] - SALES TAX GAIN RATE |
|
and |
|
ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] |
|
MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
|
RATE - SALES TAX GAIN RATE |
|
where "sales tax gain rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the revenue that will |
|
be generated by the additional sales and use tax in the following |
|
year as calculated under Subsection (d) [of this section] by the |
|
current total value. |
|
(b) Except as provided by Subsections (a) and (c) [of this
|
|
section], in a year in which a taxing unit imposes an additional |
|
sales and use tax, the rollback tax rate for the 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) / ([TOTAL] CURRENT TOTAL |
|
VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - |
|
SALES TAX REVENUE RATE) |
|
where "last year's maintenance and operations expense" means the |
|
amount spent for maintenance and operations from property tax and |
|
additional sales and use tax revenues in the preceding year, and |
|
"sales tax revenue rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the revenue that will |
|
be generated by the additional sales and use tax in the current year |
|
as calculated under Subsection (d) [of this section] by the current |
|
total value. |
|
(c) In a year in which a taxing unit that has been imposing |
|
an additional sales and use tax ceases to impose an additional sales |
|
and use tax, the no-new-revenue [effective] tax rate and rollback |
|
tax rate for the unit are calculated according to the following |
|
formulas: |
|
NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S |
|
LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
|
PROPERTY VALUE)] + SALES TAX LOSS RATE |
|
and |
|
ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
|
OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL |
|
VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE |
|
where "sales tax loss rate" means a number expressed in dollars per |
|
$100 of taxable value, calculated by dividing the amount of sales |
|
and use tax revenue generated in the last four quarters for which |
|
the information is available by the current total value and "last |
|
year's maintenance and operations expense" means the amount spent |
|
for maintenance and operations from property tax and additional |
|
sales and use tax revenues in the preceding year. |
|
(e) If a city that imposes an additional sales and use tax |
|
receives payments under the terms of a contract executed before |
|
January 1, 1986, in which the city agrees not to annex certain |
|
property or a certain area and the owners or lessees of the property |
|
or of property in the area agree to pay at least annually to the city |
|
an amount determined by reference to all or a percentage of the |
|
property tax rate of the city and all or a part of the value of the |
|
property subject to the agreement or included in the area subject to |
|
the agreement, the governing body, by order adopted by a majority |
|
vote of the governing body, may direct the designated officer or |
|
employee to add to the no-new-revenue [effective] and rollback tax |
|
rates the amount that, when applied to the total taxable value |
|
submitted to the governing body, would produce an amount of taxes |
|
equal to the difference between the total amount of payments for the |
|
tax year under contracts described by this subsection under the |
|
rollback tax rate calculated under this section and the total |
|
amount of payments for the tax year that would have been obligated |
|
to the city if the city had not adopted an additional sales and use |
|
tax. |
|
(g) If the rate of the additional sales and use tax is |
|
increased, the designated officer or employee shall make two |
|
projections, in the manner provided by Subsection (d) [of this
|
|
section], of the revenue generated by the additional sales and use |
|
tax in the following year. The first projection must take into |
|
account the increase and the second projection must not take into |
|
account the increase. The designated officer or employee shall |
|
then subtract the amount of the result of the second projection from |
|
the amount of the result of the first projection to determine the |
|
revenue generated as a result of the increase in the additional |
|
sales and use tax. In the first year in which an additional sales |
|
and use tax is increased, the no-new-revenue [effective] tax rate |
|
for the unit is the no-new-revenue [effective] tax rate before the |
|
increase minus a number the numerator of which is the revenue |
|
generated as a result of the increase in the additional sales and |
|
use tax, as determined under this subsection, and the denominator |
|
of which is the current total value minus the new property value. |
|
(h) If the rate of the additional sales and use tax is |
|
decreased, the designated officer or employee shall make two |
|
projections, in the manner provided by Subsection (d) [of this
|
|
section], of the revenue generated by the additional sales and use |
|
tax in the following year. The first projection must take into |
|
account the decrease and the second projection must not take into |
|
account the decrease. The designated officer or employee shall |
|
then subtract the amount of the result of the first projection from |
|
the amount of the result of the second projection to determine the |
|
revenue lost as a result of the decrease in the additional sales and |
|
use tax. In the first year in which an additional sales and use tax |
|
is decreased, the no-new-revenue [effective] tax rate for the unit |
|
is the no-new-revenue [effective] tax rate before the decrease plus |
|
a number the numerator of which is the revenue lost as a result of |
|
the decrease in the additional sales and use tax, as determined |
|
under this subsection, and the denominator of which is the current |
|
total value minus the new property value. |
|
SECTION 2.21. The heading to Section 26.043, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX |
|
RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. |
|
SECTION 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 [effective] tax rates the |
|
amount that, if applied to the city's current total value, would |
|
impose an amount equal to the amount of property taxes budgeted in |
|
the current tax year to pay for expenses related to mass transit |
|
services. |
|
(b) In a tax year to which this section applies, a reference |
|
in this chapter to the city's no-new-revenue [effective] or |
|
rollback tax rate refers to that rate as adjusted under this |
|
section. |
|
SECTION 2.23. The heading to Section 26.044, Tax Code, is |
|
amended to read as follows: |
|
Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR |
|
STATE CRIMINAL JUSTICE MANDATE. |
|
SECTION 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 [effective] maintenance |
|
and operation rate for the county is increased by the rate |
|
calculated according to the following formula: |
|
(State Criminal Justice Mandate) / (Current Total |
|
Value - New Property Value) |
|
(b) In the second and subsequent years that a county adopts |
|
a tax rate, if the amount spent by the county for the state criminal |
|
justice mandate increased over the previous year, the |
|
no-new-revenue [effective] maintenance and operation rate for the |
|
county is increased by the rate calculated according to the |
|
following formula: |
|
(This Year's State Criminal Justice Mandate - Previous |
|
Year's State Criminal Justice Mandate) / (Current |
|
Total Value - New Property Value) |
|
(c) The county shall include a notice of the increase in the |
|
no-new-revenue [effective] maintenance and operation rate provided |
|
by this section, including a description and amount of the state |
|
criminal justice mandate, in the information published under |
|
Section 26.04(e) and Section 26.06(b) [of this code]. |
|
SECTION 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 [effective] maintenance and operations rate for |
|
the taxing unit is increased by the rate computed according to the |
|
following formula: |
|
Amount of Increase = Enhanced Indigent Health Care |
|
Expenditures / (Current Total Value - New Property |
|
Value) |
|
(b) In each subsequent tax year, if the taxing unit's |
|
enhanced indigent health care expenses exceed the amount of those |
|
expenses for the preceding year, the no-new-revenue [effective] |
|
maintenance and operations rate for the taxing unit is increased by |
|
the rate computed according to the following formula: |
|
Amount of Increase = (Current Tax Year's Enhanced |
|
Indigent Health Care Expenditures - Preceding Tax |
|
Year's Indigent Health Care Expenditures) / (Current |
|
Total Value - New Property Value) |
|
(c) The taxing unit shall include a notice of the increase |
|
in its no-new-revenue [effective] maintenance and operations rate |
|
provided by this section, including a brief description and the |
|
amount of the enhanced indigent health care expenditures, in the |
|
information published under Section 26.04(e) and, if applicable, |
|
Section 26.06(b). |
|
SECTION 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 [effective] tax rate must be a record vote, and |
|
at least 60 percent of the members of the governing body must vote |
|
in favor of the ordinance, resolution, or order. For a school |
|
district, the vote on the ordinance, resolution, or order setting a |
|
tax rate that exceeds the sum of the no-new-revenue [effective] |
|
maintenance and operations tax rate of the district as determined |
|
under Section 26.08(i) and the district's current debt rate must be |
|
a record vote, and at least 60 percent of the members of the |
|
governing body must vote in favor of the ordinance, resolution, or |
|
order. A motion to adopt an ordinance, resolution, or order setting |
|
a tax rate that exceeds the no-new-revenue [effective] tax rate |
|
must be made in the following form: "I move that the property tax |
|
rate be increased by the adoption of a tax rate of (specify tax |
|
rate), which is effectively a (insert percentage by which the |
|
proposed tax rate exceeds the no-new-revenue [effective] tax rate) |
|
percent increase in the tax rate." If the ordinance, resolution, or |
|
order sets a tax rate that, if applied to the total taxable value, |
|
will impose an amount of taxes to fund maintenance and operation |
|
expenditures of the taxing unit that exceeds the amount of taxes |
|
imposed for that purpose in the preceding year, the taxing unit |
|
must: |
|
(1) include in the ordinance, resolution, or order in |
|
type larger than the type used in any other portion of the document: |
|
(A) the following statement: "THIS TAX RATE WILL |
|
RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S |
|
TAX RATE."; and |
|
(B) if the tax rate exceeds the no-new-revenue |
|
[effective] maintenance and operations rate, the following |
|
statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
|
PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
|
[EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
|
TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
|
APPROXIMATELY $(Insert amount)."; and |
|
(2) include on the home page of any Internet website |
|
operated by the 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 |
|
[effective] maintenance and operations rate, the following |
|
statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
|
PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
|
[EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
|
TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
|
APPROXIMATELY $(Insert amount)." |
|
(c) If the governing body of a taxing unit does not adopt a |
|
tax rate before the date required by Subsection (a), the tax rate |
|
for the taxing unit for that tax year is the lower of the |
|
no-new-revenue [effective] tax rate calculated for that tax year or |
|
the tax rate adopted by the taxing unit for the preceding tax year. |
|
A tax rate established by this subsection is treated as an adopted |
|
tax rate. Before the fifth day after the establishment of a tax |
|
rate by this subsection, the governing body of the taxing unit must |
|
ratify the applicable tax rate in the manner required by Subsection |
|
(b). |
|
(d) The governing body of a taxing unit other than a school |
|
district may not adopt a tax rate that exceeds the lower of the |
|
rollback tax rate or the no-new-revenue [effective] tax rate |
|
calculated as provided by this chapter until the governing body has |
|
held two public hearings on the proposed tax rate and has otherwise |
|
complied with Section 26.06 and Section 26.065. The governing body |
|
of a taxing unit shall reduce a tax rate set by law or by vote of the |
|
electorate to the lower of the rollback tax rate or the |
|
no-new-revenue [effective] tax rate and may not adopt a higher rate |
|
unless it first complies with Section 26.06. |
|
(d-1) The governing body of a taxing unit 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 [and the
|
|
failure to comply was not in good faith]. An action to enjoin the |
|
collection of taxes must be filed not later than the 15th day after |
|
the date the taxing unit adopts a tax rate. A property owner is not |
|
required to pay the taxes imposed by a taxing unit on the owner's |
|
property while an action filed by the property owner to enjoin the |
|
collection of taxes imposed by the taxing unit on the owner's |
|
property is pending. If the property owner pays the taxes and |
|
subsequently prevails in the action, the property owner is entitled |
|
to a refund of the taxes paid, together with reasonable attorney's |
|
fees and court costs. The property owner is not required to apply |
|
to the collector for the taxing unit to receive the refund [prior to
|
|
the date a taxing unit delivers substantially all of its tax bills]. |
|
(g) Notwithstanding Subsection (a), the governing body of a |
|
school district that elects to adopt a tax rate before the adoption |
|
of a budget for the fiscal year that begins in the current tax year |
|
may adopt a tax rate for the current tax year before receipt of the |
|
certified appraisal roll for the school district if the chief |
|
appraiser of the appraisal district in which the school district |
|
participates has certified to the assessor for the school district |
|
an estimate of the taxable value of property in the school district |
|
as provided by Section 26.01(e). If a school district adopts a tax |
|
rate under this subsection, the no-new-revenue [effective] tax rate |
|
and the rollback tax rate of the district shall be calculated based |
|
on the certified estimate of taxable value. |
|
SECTION 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 [effective] tax rate calculated |
|
as provided by Section 26.04, a statement substantially identical |
|
to the following: "The proposed tax rate would increase total taxes |
|
in (name of taxing unit) by (percentage by which the proposed tax |
|
rate exceeds the no-new-revenue [effective] tax rate)." |
|
(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 |
|
[effective] tax rate calculated under this chapter) percent. Your |
|
individual taxes may increase at a greater or lesser rate, or even |
|
decrease, depending on the tax rate that is adopted and on the |
|
change in the taxable value of your property in relation to the |
|
change in taxable value of all other property [and the tax rate that
|
|
is adopted]. The change in the taxable value of your property in |
|
relation to the change in the taxable value of all other property |
|
determines the distribution of the tax burden among all property |
|
owners. |
|
"The first public hearing will be held on (date and time) at |
|
(meeting place). |
|
"The second public hearing will be held on (date and time) at |
|
(meeting place). |
|
"(Names of all members of the governing body, showing how |
|
each voted on the proposal to consider the tax increase or, if one |
|
or more were absent, indicating the absences.) |
|
"The average taxable value of a residence homestead in (name |
|
of taxing unit) last year was $____ (average taxable value of a |
|
residence homestead in the taxing unit for the preceding tax year, |
|
disregarding residence homestead exemptions available only to |
|
disabled persons or persons 65 years of age or older). Based on |
|
last year's tax rate of $____ (preceding year's adopted tax rate) |
|
per $100 of taxable value, the amount of taxes imposed last year on |
|
the average home was $____ (tax on average taxable value of a |
|
residence homestead in the taxing unit for the preceding tax year, |
|
disregarding residence homestead exemptions available only to |
|
disabled persons or persons 65 years of age or older). |
|
"The average taxable value of a residence homestead in (name |
|
of taxing unit) this year is $____ (average taxable value of a |
|
residence homestead in the taxing unit for the current tax year, |
|
disregarding residence homestead exemptions available only to |
|
disabled persons or persons 65 years of age or older). If the |
|
governing body adopts the no-new-revenue [effective] tax rate for |
|
this year of $____ (no-new-revenue [effective] tax rate) per $100 |
|
of taxable value, the amount of taxes imposed this year on the |
|
average home would be $____ (tax on average taxable value of a |
|
residence homestead in the taxing unit for the current tax year, |
|
disregarding residence homestead exemptions available only to |
|
disabled persons or persons 65 years of age or older). |
|
"If the governing body adopts the proposed tax rate of $____ |
|
(proposed tax rate) per $100 of taxable value, the amount of taxes |
|
imposed this year on the average home would be $____ (tax on the |
|
average taxable value of a residence in the taxing unit for the |
|
current year disregarding residence homestead exemptions available |
|
only to disabled persons or persons 65 years of age or older). |
|
"Members of the public are encouraged to attend the hearings |
|
and express their views." |
|
(c) The notice of a public hearing under this section may be |
|
delivered by mail to each property owner in the 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 [effective] tax rate calculated under this chapter) |
|
percent. |
|
"The total tax revenue proposed to be raised last year at last |
|
year's tax rate of (insert tax rate for the preceding year) for each |
|
$100 of taxable value was (insert total amount of taxes imposed in |
|
the preceding year). |
|
"The total tax revenue proposed to be raised this year at the |
|
proposed tax rate of (insert proposed tax rate) for each $100 of |
|
taxable value, excluding tax revenue to be raised from new property |
|
added to the tax roll this year, is (insert amount computed by |
|
multiplying proposed tax rate by the difference between current |
|
total value and new property value). |
|
"The total tax revenue proposed to be raised this year at the |
|
proposed tax rate of (insert proposed tax rate) for each $100 of |
|
taxable value, including tax revenue to be raised from new property |
|
added to the tax roll this year, is (insert amount computed by |
|
multiplying proposed tax rate by current total value). |
|
"The (governing body of the taxing unit) is scheduled to vote |
|
on the tax rate that will result in that tax increase at a public |
|
meeting to be held on (date of meeting) at (location of meeting, |
|
including mailing address) at (time of meeting). |
|
"The (governing body of the taxing unit) proposes to use the |
|
increase in total tax revenue for the purpose of (description of |
|
purpose of increase)." |
|
(e) The meeting to vote on the tax increase may not be |
|
earlier than the third day or later than the 14th day after the date |
|
of the second public hearing. The meeting must be held inside the |
|
boundaries of the taxing unit in a publicly owned building or, if a |
|
suitable publicly owned building is not available, in a suitable |
|
building to which the public normally has access. If the governing |
|
body does not adopt a tax rate that exceeds the lower of the |
|
rollback tax rate or the no-new-revenue [effective] tax rate by the |
|
14th day, it must give a new notice under Subsection (d) before it |
|
may adopt a rate that exceeds the lower of the rollback tax rate or |
|
the no-new-revenue [effective] tax rate. |
|
SECTION 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 [effective] rate of that tax as of the date of |
|
the county unit system's abolition is added to the district's |
|
rollback tax rate. |
|
(n) For purposes of this section, the rollback tax rate of a |
|
school district whose maintenance and operations tax rate for the |
|
2005 tax year was $1.50 or less per $100 of taxable value is: |
|
(1) for the 2006 tax year, the sum of the rate that is |
|
equal to 88.67 percent of the maintenance and operations tax rate |
|
adopted by the district for the 2005 tax year, the rate of $0.04 per |
|
$100 of taxable value, and the district's current debt rate; and |
|
(2) for the 2007 and subsequent tax years, the lesser |
|
of the following: |
|
(A) the sum of the following: |
|
(i) the rate per $100 of taxable value that |
|
is equal to the product of the state compression percentage, as |
|
determined under Section 42.2516, Education Code, for the current |
|
year and $1.50; |
|
(ii) the rate of $0.04 per $100 of taxable |
|
value; |
|
(iii) the rate that is equal to the sum of |
|
the differences for the 2006 and each subsequent tax year between |
|
the adopted tax rate of the district for that year if the rate was |
|
approved at an election under this section and the rollback tax rate |
|
of the district for that year; and |
|
(iv) the district's current debt rate; or |
|
(B) the sum of the following: |
|
(i) the no-new-revenue [effective] |
|
maintenance and operations tax rate of the district as computed |
|
under Subsection (i) [or (k), as applicable]; |
|
(ii) the rate per $100 of taxable value that |
|
is equal to the product of the state compression percentage, as |
|
determined under Section 42.2516, Education Code, for the current |
|
year and $0.06; and |
|
(iii) the district's current debt rate. |
|
(p) Notwithstanding Subsections (i), (n), and (o), if for |
|
the preceding tax year a school district adopted a maintenance and |
|
operations tax rate that was less than the district's |
|
no-new-revenue [effective] maintenance and operations tax rate for |
|
that preceding tax year, the rollback tax rate of the district for |
|
the current tax year is calculated as if the district adopted a |
|
maintenance and operations tax rate for the preceding tax year that |
|
was equal to the district's no-new-revenue [effective] maintenance |
|
and operations tax rate for that preceding tax year. |
|
SECTION 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 |
|
[effective] maintenance and operations tax rate of a school |
|
district is the tax rate that, applied to the current total value |
|
for the district, would impose taxes in an amount that, when added |
|
to state funds that would be distributed to the district under |
|
Chapter 42, Education Code, for the school year beginning in the |
|
current tax year using that tax rate, would provide the same amount |
|
of state funds distributed under Chapter 42, Education Code, and |
|
maintenance and operations taxes of the district per student in |
|
weighted average daily attendance for that school year that would |
|
have been available to the district in the preceding year if the |
|
funding elements for Chapters 41 and 42, Education Code, for the |
|
current year had been in effect for the preceding year. |
|
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 [effective] tax rate; |
|
(5) the no-new-revenue [effective] maintenance and |
|
operations rate; and |
|
(6) the rollback tax rate. |
|
(a-1) For purposes of Subsection (a), a reference to the |
|
no-new-revenue tax rate or the no-new-revenue maintenance and |
|
operations rate includes the equivalent effective tax rate or |
|
effective maintenance and operations rate for a preceding year. |
|
This subsection expires January 1, 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 [effective] tax rate is the tax rate that |
|
would generate the same amount of revenue in the current tax year as |
|
was generated by a taxing unit's adopted tax rate in the preceding |
|
tax year from property that is taxable in both the current tax year |
|
and the preceding tax year. |
|
"The no-new-revenue [effective] maintenance and operations |
|
rate is the tax rate that would generate the same amount of revenue |
|
for maintenance and operations in the current tax year as was |
|
generated by a taxing unit's maintenance and operations rate in the |
|
preceding tax year from property that is taxable in both the current |
|
tax year and the preceding tax year. |
|
"The rollback tax rate is the highest tax rate a taxing unit |
|
may adopt before requiring voter approval at an election. In the |
|
case of a taxing unit other than a school district, the voters by |
|
petition may require that a rollback election be held if the 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) [the level of appraisals of any category of
|
|
property in the district or in any territory in the district, but
|
|
not the appraised value of a single taxpayer's property;
|
|
[(2)] an exclusion of property from the appraisal |
|
records; |
|
(2) [(3)] a grant in whole or in part of a partial |
|
exemption; |
|
(3) [(4)] a determination that land qualifies for |
|
appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or |
|
(4) [(5)] failure to identify the taxing unit as one |
|
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. [However, the
|
|
determination of a protest heard by a panel must be made by the
|
|
board.] If the recommendation of a panel is not accepted by the |
|
board, the board may refer the matter for rehearing to a panel |
|
composed of members who did not hear the original protest [hearing] |
|
or, if there are not at least three members who did not hear the |
|
original protest, the board may determine the protest. [Before
|
|
determining a protest or conducting a rehearing before a new panel
|
|
or the board, the board shall deliver notice of the hearing or
|
|
meeting to determine the protest in accordance with the provisions
|
|
of this subchapter.] |
|
(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, [and] place, and |
|
subject matter of [fixed for] the hearing on the protest and of the |
|
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 [a] hearing on a protest, the chief appraiser |
|
shall: |
|
(1) deliver a copy of the pamphlet prepared by the |
|
comptroller under Section 5.06 [5.06(a)] to the property owner |
|
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 [may inspect and may
|
|
obtain] a copy of the data, schedules, formulas, and all other |
|
information the chief appraiser will [plans to] introduce at the |
|
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 [an] |
|
owner or designated agent under this section, regardless of the |
|
manner in which the copies are prepared or delivered [may not exceed
|
|
the charge for copies of public information as provided under
|
|
Subchapter F, Chapter 552, Government Code, except:
|
|
[(1)
the total charge for copies provided in
|
|
connection with a protest of the appraisal of residential property
|
|
may not exceed $15 for each residence; and
|
|
[(2)
the total charge for copies provided in
|
|
connection with a protest of the appraisal of a single unit of
|
|
property subject to appraisal, other than residential property, may
|
|
not exceed $25]. |
|
(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 [board's
|
|
decision] to district court. The statement must describe the |
|
deadline prescribed by Section 42.06(a) [of this code] for filing a |
|
written notice of appeal[,] and the deadline prescribed by Section |
|
42.21(a) [of this code] for filing the petition for review with the |
|
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 [who is not represented by an agent
|
|
designated under Section 1.111] shall be set for a time and date |
|
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 [a] designated |
|
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 [not] file more than one request under this subsection |
|
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 [made
|
|
available] to the protesting party at least 14 days before the first |
|
scheduled [or postponed] hearing may not be used or offered in any |
|
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 [in the evening or] on a Saturday or after 5 p.m. on a |
|
weekday [Sunday]. |
|
(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; [and] |
|
(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) [Section 41A.06(b)]; and |
|
(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) [41A.06(b)(2)]; |
|
(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 [effective] tax rate |
|
for the tax year calculated as provided by Section 26.04, Tax Code, |
|
on all property taxable by the school district. All real property |
|
purchased with these funds is the property of the school district, |
|
but is subject to the exclusive control of the governing body of the |
|
junior college district for as long as the junior college district |
|
uses the property for educational purposes. |
|
SECTION 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 [Comptroller's Property Value Study
|
|
Advisory Committee]. |
|
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 [effective] tax rate; |
|
(C) the no-new-revenue [effective] maintenance |
|
and operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of municipal debt obligations. |
|
SECTION 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 [effective] tax rate; |
|
(C) the no-new-revenue [effective] maintenance |
|
and operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of county debt obligations. |
|
SECTION 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 [effective] tax rate; |
|
(C) the no-new-revenue [effective] maintenance |
|
and operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of county debt obligations. |
|
SECTION 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 [effective] tax rate; |
|
(C) the no-new-revenue [effective] maintenance |
|
and operations tax rate; |
|
(D) the rollback tax rate; and |
|
(E) the debt rate; and |
|
(4) the total amount of county debt obligations. |
|
SECTION 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 [effective] tax rate" |
|
and "rollback tax rate" mean the no-new-revenue [effective] tax |
|
rate and rollback tax rate of a county or municipality, as |
|
applicable, as calculated under Chapter 26, Tax Code. |
|
(d) A county or municipality that proposes a property tax |
|
rate that does not exceed the lower of the no-new-revenue |
|
[effective] tax rate or the rollback tax rate shall provide the |
|
following notice: |
|
"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
|
RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
|
"A tax rate of $______ per $100 valuation has been proposed by the |
|
governing body of (insert name of county or municipality). |
|
PROPOSED TAX RATE $______ per $100 |
|
PRECEDING YEAR'S TAX RATE $______ per $100 |
|
NO-NEW-REVENUE [EFFECTIVE] TAX RATE $______ per $100 |
|
"The no-new-revenue [effective] tax rate is the total tax rate |
|
needed to raise the same amount of property tax revenue for (insert |
|
name of county or municipality) from the same properties in both the |
|
(insert preceding tax year) tax year and the (insert current tax |
|
year) tax year. |
|
"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
|
FOLLOWS: |
|
property tax amount = (rate) x (taxable value of your property) / |
|
100 |
|
"For assistance or detailed information about tax calculations, |
|
please contact: |
|
(insert name of county or municipal tax assessor-collector) |
|
(insert name of county or municipality) tax |
|
assessor-collector |
|
(insert address) |
|
(insert telephone number) |
|
(insert e-mail address) |
|
(insert Internet website address, if applicable)" |
|
(e) A county or municipality that proposes a property tax |
|
rate that exceeds the lower of the no-new-revenue [effective] tax |
|
rate or the rollback tax rate shall provide the following notice: |
|
"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
|
RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
|
"A tax rate of $_____ per $100 valuation has been proposed for |
|
adoption by the governing body of (insert name of county or |
|
municipality). This rate exceeds the lower of the no-new-revenue |
|
[effective] or rollback tax rate, and state law requires that two |
|
public hearings be held by the governing body before adopting the |
|
proposed tax rate. The governing body of (insert name of county or |
|
municipality) proposes to use revenue attributable to the tax rate |
|
increase for the purpose of (description of purpose of increase). |
|
PROPOSED TAX RATE$______ per $100 |
|
PRECEDING YEAR'S TAX RATE$______ per $100 |
|
NO-NEW-REVENUE [EFFECTIVE] TAX RATE$______ per $100 |
|
ROLLBACK TAX RATE$______ per $100 |
|
"The no-new-revenue [effective] tax rate is the total tax rate |
|
needed to raise the same amount of property tax revenue for (insert |
|
name of county or municipality) from the same properties in both the |
|
(insert preceding tax year) tax year and the (insert current tax |
|
year) tax year. |
|
"The rollback tax rate is the highest tax rate that (insert name of |
|
county or municipality) may adopt before the voters are entitled to |
|
petition for an election to limit the rate that may be approved to |
|
the rollback tax rate. |
|
"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
|
FOLLOWS: |
|
property tax amount = (rate) x (taxable value of your property) / |
|
100 |
|
"For assistance or detailed information about tax calculations, |
|
please contact: |
|
(insert name of county or municipal tax assessor-collector) |
|
(insert name of county or municipality) tax |
|
assessor-collector |
|
(insert address) |
|
(insert telephone number) |
|
(insert e-mail address) |
|
(insert Internet website address, if applicable) |
|
"You are urged to attend and express your views at the following |
|
public hearings on the proposed tax rate: |
|
First Hearing: (insert date and time) at (insert location of |
|
meeting). |
|
Second Hearing: (insert date and time) at (insert location |
|
of meeting)." |
|
(f) A county or municipality shall: |
|
(1) provide the notice required by Subsection (d) or |
|
(e), as applicable, not later than the later of September 1 or the |
|
30th day after the first date that the taxing unit has received each |
|
applicable certified appraisal roll by: |
|
(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) [Section 49.236], |
|
Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
|
|
78th Legislature, Regular Session, 2003, applies] to the district. |
|
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 [and the tax rate that is adopted]. The change in the |
|
taxable value of your property in relation to the change in the |
|
taxable value of all other property determines the distribution of |
|
the tax burden among all property owners. |
|
"(Names of all board members and, if a vote was taken, an |
|
indication of how each voted on the proposed tax rate and an |
|
indication of any absences.)"; |
|
(2) contain the following information: |
|
(A) the district's total adopted tax rate for the |
|
preceding year and the proposed tax rate, expressed as an amount per |
|
$100; |
|
(B) the difference, expressed as an amount per |
|
$100 and as a percent increase or decrease, as applicable, in the |
|
proposed tax rate compared to the adopted tax rate for the preceding |
|
year; |
|
(C) the average appraised value of a residence |
|
homestead in the district in the preceding year and in the current |
|
year; the district's total homestead exemption, other than an |
|
exemption available only to disabled persons or persons 65 years of |
|
age or older, applicable to that appraised value in each of those |
|
years; and the average taxable value of a residence homestead in |
|
the district in each of those years, disregarding any homestead |
|
exemption available only to disabled persons or persons 65 years of |
|
age or older; |
|
(D) the amount of tax that would have been |
|
imposed by the district in the preceding year on a residence |
|
homestead appraised at the average appraised value of a residence |
|
homestead in that year, disregarding any homestead exemption |
|
available only to disabled persons or persons 65 years of age or |
|
older; |
|
(E) the amount of tax that would be imposed by the |
|
district in the current year on a residence homestead appraised at |
|
the average appraised value of a residence homestead in that year, |
|
disregarding any homestead exemption available only to disabled |
|
persons or persons 65 years of age or older, if the proposed tax |
|
rate is adopted; [and] |
|
(F) the difference between the amounts of tax |
|
calculated under Paragraphs (D) and (E), expressed in dollars and |
|
cents and described as the annual percentage increase or decrease, |
|
as applicable, in the tax to be imposed by the district on the |
|
average residence homestead in the district in the current year if |
|
the proposed tax rate is adopted; and |
|
(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) [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"; |
|
(6) [(7)] a detailed explanation of the time and |
|
procedure for protesting the value; |
|
(7) [(8)] the date and place the appraisal review |
|
board will begin hearing protests; and |
|
(8) [(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. |
|
(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) |
|
[(b)(7)] or (g)(3), as applicable. |
|
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 [a
|
|
residence homestead] subject to the limitation on appraised value |
|
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 |
|
[a residence homestead] to which Section 23.23 or 23.231, Tax Code, |
|
applies exceeds the appraised value of that property as calculated |
|
under Section 23.23 or 23.231, Tax Code, as applicable [that
|
|
section]. |
|
(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 [residence homesteads] to which 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. 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 [residence homesteads] to which |
|
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. |