Bill Text: TX SB2 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of the ad valorem tax system.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB2 Detail]
Download: Texas-2017-SB2-Comm_Sub.html
Bill Title: Relating to the administration of the ad valorem tax system.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB2 Detail]
Download: Texas-2017-SB2-Comm_Sub.html
By: Bettencourt, et al. | S.B. No. 2 | |
(In the Senate - Filed November 29, 2016; January 24, 2017, | ||
read first time and referred to Committee on Finance; | ||
March 16, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 5; March 16, 2017, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 2 | By: Bettencourt |
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relating to ad valorem taxation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Texas Property Tax | ||
Reform and Relief Act of 2017. | ||
SECTION 2. Chapter 5, Tax Code, is amended by adding Section | ||
5.01 to read as follows: | ||
Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. | ||
(a) The comptroller shall appoint the property tax administration | ||
advisory board to advise the comptroller with respect to the | ||
division or divisions within the office of the comptroller with | ||
primary responsibility for state administration of property | ||
taxation and state oversight of appraisal districts and local tax | ||
offices. The advisory board may make recommendations to the | ||
comptroller regarding improving the effectiveness and efficiency | ||
of the property tax system, best practices, and complaint | ||
resolution procedures. | ||
(b) The advisory board is composed of at least six members | ||
appointed by the comptroller. The members of the board should | ||
include: | ||
(1) representatives of property tax payers, appraisal | ||
districts, and school districts; and | ||
(2) a person who has knowledge or experience in | ||
conducting ratio studies. | ||
(c) The members of the advisory board serve at the pleasure | ||
of the comptroller. | ||
(d) Any advice to the comptroller relating to a matter | ||
described by Subsection (a) that is provided by a member of the | ||
advisory board must be provided at a meeting called by the | ||
comptroller. | ||
(e) Chapter 2110, Government Code, does not apply to the | ||
advisory board. | ||
SECTION 3. Section 5.05, Tax Code, is amended by adding | ||
Subsection (c-1) to read as follows: | ||
(c-1) An appraisal district shall appraise property in | ||
accordance with any appraisal manuals prepared and issued by the | ||
comptroller under this section. | ||
SECTION 4. Sections 5.102(a) and (c), Tax Code, are amended | ||
to read as follows: | ||
(a) At least once every two years, the comptroller shall | ||
review the governance of each appraisal district, taxpayer | ||
assistance provided, and the operating and appraisal standards, | ||
procedures, and methodology used by each appraisal district, to | ||
determine compliance with generally accepted standards, | ||
procedures, and methodology, including compliance with standards, | ||
procedures, and methodology prescribed by appraisal manuals | ||
prepared and issued by the comptroller. After consultation with | ||
the property tax administration advisory board [ |
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may establish procedures and standards for conducting and scoring | ||
the review. | ||
(c) At the conclusion of the review, the comptroller shall, | ||
in writing, notify the appraisal district concerning its | ||
performance in the review. If the review results in a finding that | ||
an appraisal district is not in compliance with generally accepted | ||
standards, procedures, and methodology, including compliance with | ||
standards, procedures, and methodology prescribed by appraisal | ||
manuals prepared and issued by the comptroller, the comptroller | ||
shall deliver a report that details the comptroller's findings and | ||
recommendations for improvement to: | ||
(1) the appraisal district's chief appraiser and board | ||
of directors; and | ||
(2) the superintendent and board of trustees of each | ||
school district participating in the appraisal district. | ||
SECTION 5. Section 5.13(d), Tax Code, is amended to read as | ||
follows: | ||
(d) In conducting a general audit, the comptroller shall | ||
consider and report on: | ||
(1) the extent to which the district complies with | ||
applicable law or generally accepted standards of appraisal or | ||
other relevant practice, including appraisal standards and | ||
practices prescribed by appraisal manuals prepared and issued by | ||
the comptroller; | ||
(2) the uniformity and level of appraisal of major | ||
kinds of property and the cause of any significant deviations from | ||
ideal uniformity and equality of appraisal of major kinds of | ||
property; | ||
(3) duplication of effort and efficiency of operation; | ||
(4) the general efficiency, quality of service, and | ||
qualification of appraisal district personnel; and | ||
(5) except as otherwise provided by Subsection (b) [ |
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audit. | ||
SECTION 6. Section 6.03(a), Tax Code, is amended to read as | ||
follows: | ||
(a) The appraisal district is governed by a board of | ||
directors. Five directors are appointed by the taxing units that | ||
participate in the district as provided by this section. If the | ||
county assessor-collector is not appointed to the board, the county | ||
assessor-collector serves as a nonvoting director. The county | ||
assessor-collector is ineligible to serve if the board enters into | ||
a contract under Section 6.05(b) or if the commissioners court of | ||
the county enters into a contract under Section 6.24(b). To be | ||
eligible to serve on the board of directors, an individual other | ||
than a county assessor-collector serving as a nonvoting director | ||
must: | ||
(1) be a resident of the district; | ||
(2) [ |
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least two years immediately preceding the date the individual takes | ||
office; and | ||
(3) be an elected official of the county or a member of | ||
the governing body or other elected official of a political | ||
subdivision all or part of the territory of which is located in the | ||
county. [ |
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SECTION 7. Section 6.035(a-1), Tax Code, is amended to read | ||
as follows: | ||
(a-1) An individual is ineligible to serve on an appraisal | ||
district board of directors if the individual has engaged in the | ||
business of appraising property for compensation for use in | ||
proceedings under this title or of representing property owners for | ||
compensation in proceedings under this title in the appraisal | ||
district at any time during the preceding three [ |
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SECTION 8. Section 6.15, Tax Code, is amended by adding | ||
Subsection (c-1) to read as follows: | ||
(c-1) Subsections (a) and (b) do not prohibit a member of | ||
the board of directors of an appraisal district from transmitting | ||
to the chief appraiser without comment a complaint by a property | ||
owner or taxing unit about the appraisal of a specific property, | ||
provided that the transmission is in writing. | ||
SECTION 9. Section 6.41, Tax Code, is amended by amending | ||
Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and | ||
(d-10) to read as follows: | ||
(b) Except as provided by Subsection (b-1) or (b-2), an | ||
appraisal review [ |
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(b-1) An appraisal [ |
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directors by resolution of a majority of the board's [ |
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may increase the size of the district's appraisal review board to | ||
the number of members the board of directors considers appropriate. | ||
(b-2) An appraisal district board of directors for a | ||
district established in a county described by Subsection (d-1) by | ||
resolution of a majority of the board's members shall increase the | ||
size of the district's appraisal review board to the number of | ||
members the board of directors considers appropriate to manage the | ||
duties of the appraisal review board, including the duties of each | ||
special panel established under Section 6.425. | ||
(d-9) In selecting individuals who are to serve as members | ||
of the appraisal review board, the local administrative district | ||
judge shall select an adequate number of qualified individuals to | ||
permit the chairman of the appraisal review board to fill the | ||
positions on each special panel established under Section 6.425. | ||
(d-10) Upon selection of the individuals who are to serve as | ||
members of the appraisal review board, the local administrative | ||
district judge shall enter an appropriate order designating such | ||
members and setting each member's respective term of office, as | ||
provided elsewhere in this section. | ||
SECTION 10. Section 6.414(d), Tax Code, is amended to read | ||
as follows: | ||
(d) An auxiliary board member may hear taxpayer protests | ||
before the appraisal review board. An auxiliary board member may | ||
not hear taxpayer protests before a special panel established under | ||
Section 6.425 unless the member is eligible to be appointed to the | ||
special panel. If one or more auxiliary board members sit on a | ||
panel established under Section 6.425 or 41.45 to conduct a protest | ||
hearing, the number of regular appraisal review board members | ||
required by that section to constitute the panel is reduced by the | ||
number of auxiliary board members sitting. An auxiliary board | ||
member sitting on a panel is considered a regular board member for | ||
all purposes related to the conduct of the hearing. | ||
SECTION 11. Section 6.42, Tax Code, is amended by adding | ||
Subsection (d) to read as follows: | ||
(d) The concurrence of a majority of the members of the | ||
appraisal review board or a panel of the board present at a meeting | ||
of the board or panel is sufficient for a recommendation, | ||
determination, decision, or other action by the board or panel, and | ||
the concurrence of more than a majority of the members of the board | ||
or panel may not be required. | ||
SECTION 12. Subchapter C, Chapter 6, Tax Code, is amended by | ||
adding Section 6.425 to read as follows: | ||
Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN | ||
CERTAIN DISTRICTS. (a) This section applies only to the appraisal | ||
review board for an appraisal district described by Section | ||
6.41(b-2). | ||
(b) The appraisal review board shall establish a separate | ||
special panel for each of the following classifications of property | ||
to conduct protest hearings under Chapter 41 relating to property | ||
included in that classification: | ||
(1) commercial real and personal property; | ||
(2) real and personal property of utilities; | ||
(3) industrial and manufacturing real and personal | ||
property; and | ||
(4) multifamily residential real property. | ||
(c) The chairman of the appraisal review board may establish | ||
additional special panels described by this section to conduct | ||
protest hearings relating to property included in a classification | ||
described by Subsection (b) if the chairman determines that | ||
additional panels are necessary. | ||
(d) Each special panel described by this section consists of | ||
three members of the appraisal review board appointed by the | ||
chairman of the board. | ||
(e) To be eligible to be appointed to a special panel | ||
described by this section, a member of the appraisal review board | ||
must: | ||
(1) hold a juris doctor or equivalent degree; | ||
(2) hold a master of business administration degree; | ||
(3) be licensed as a certified public accountant under | ||
Chapter 901, Occupations Code; | ||
(4) be accredited by the American Society of | ||
Appraisers as an accredited senior appraiser; | ||
(5) possess an MAI professional designation from the | ||
Appraisal Institute; | ||
(6) possess a Certified Assessment Evaluator (CAE) | ||
professional designation from the International Association of | ||
Assessing Officers; or | ||
(7) have at least 20 years of experience in property | ||
tax appraisal or consulting. | ||
(f) Notwithstanding Subsection (e), the chairman of the | ||
appraisal review board may appoint to a special panel described by | ||
this section a member of the appraisal review board who does not | ||
meet the qualifications prescribed by that subsection if: | ||
(1) the number of persons appointed to the board by the | ||
local administrative district judge who meet those qualifications | ||
is not sufficient to fill the positions on each special panel; and | ||
(2) the board member being appointed to the panel: | ||
(A) holds a bachelor's degree in any field; or | ||
(B) is licensed as a real estate broker or sales | ||
agent under Chapter 1101, Occupations Code. | ||
SECTION 13. Section 22.23, Tax Code, is amended to read as | ||
follows: | ||
Sec. 22.23. FILING DATE. (a) Rendition statements and | ||
property reports must be delivered to the chief appraiser after | ||
January 1 and not later than April 1 [ |
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Section 22.02. | ||
(b) On written request by the property owner, the chief | ||
appraiser shall extend a deadline for filing a rendition statement | ||
or property report to May 1 [ |
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extend the deadline an additional 15 days upon good cause shown in | ||
writing by the property owner. | ||
SECTION 14. Section 23.01(b), Tax Code, is amended to read | ||
as follows: | ||
(b) The market value of property shall be determined by the | ||
application of generally accepted appraisal methods and | ||
techniques, including appraisal methods and techniques prescribed | ||
by appraisal manuals prepared and issued by the comptroller. If the | ||
appraisal district determines the appraised value of a property | ||
using mass appraisal standards, the mass appraisal standards must | ||
comply with the Uniform Standards of Professional Appraisal | ||
Practice. The same or similar appraisal methods and techniques | ||
shall be used in appraising the same or similar kinds of property. | ||
However, each property shall be appraised based upon the individual | ||
characteristics that affect the property's market value, and all | ||
available evidence that is specific to the value of the property | ||
shall be taken into account in determining the property's market | ||
value. | ||
SECTION 15. Section 25.19, Tax Code, is amended by amending | ||
Subsections (a) and (g) and adding Subsection (b-3) to read as | ||
follows: | ||
(a) By April 15 [ |
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appraiser shall deliver a clear and understandable written notice | ||
to a property owner of the appraised value of the property owner's | ||
property if: | ||
(1) the appraised value of the property is greater | ||
than it was in the preceding year; | ||
(2) the appraised value of the property is greater | ||
than the value rendered by the property owner; | ||
(3) the property was not on the appraisal roll in the | ||
preceding year; or | ||
(4) an exemption or partial exemption approved for the | ||
property for the preceding year was canceled or reduced for the | ||
current year. | ||
(b-3) This subsection applies only to an appraisal district | ||
described by Section 6.41(b-2). In addition to the information | ||
required by Subsection (b), the chief appraiser shall state in a | ||
notice of appraised value of property included in a classification | ||
described by Section 6.425(b) that the property owner has the right | ||
to have a protest relating to the property heard by a special panel | ||
of the appraisal review board. | ||
(g) By April 15 [ |
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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; | ||
(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. | ||
SECTION 16. Section 25.22(a), Tax Code, is amended to read | ||
as follows: | ||
(a) By May 1 [ |
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chief appraiser shall submit the completed appraisal records to the | ||
appraisal review board for review and determination of protests. | ||
However, the chief appraiser may not submit the records until the | ||
chief appraiser has delivered the notices required by Subsection | ||
(d) of Section 11.45, Subsection (d) of Section 23.44, Subsection | ||
(d) of Section 23.57, Subsection (d) of Section 23.79, Subsection | ||
(d) of Section 23.85, Subsection (d) of Section 23.95, Subsection | ||
(d) of Section 23.9805, and Section 25.19. | ||
SECTION 17. Sections 26.01(a) and (e), Tax Code, are | ||
amended to read as follows: | ||
(a) By July 10 [ |
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certify to the assessor for each taxing unit participating in the | ||
district that part of the appraisal roll for the district that lists | ||
the property taxable by the unit. The part certified to the | ||
assessor is the appraisal roll for the unit. The chief appraiser | ||
shall consult with the assessor for each taxing unit and notify each | ||
unit in writing by April 1 of the form in which the roll will be | ||
provided to each unit. | ||
(e) Except as provided by Subsection (f), not later than May | ||
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assessor for each county, municipality, and school district | ||
participating in the appraisal district an estimate of the taxable | ||
value of property in that taxing unit. The chief appraiser shall | ||
assist each county, municipality, and school district in | ||
determining values of property in that taxing unit for the taxing | ||
unit's budgetary purposes. | ||
SECTION 18. Section 26.012(9), Tax Code, is redesignated as | ||
Section 26.012(18), Tax Code, and amended to read as follows: | ||
(18) "No-new-taxes [ |
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operations rate" means a rate expressed in dollars per $100 of | ||
taxable value and calculated according to the following formula: | ||
NO-NEW-TAXES [ |
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RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST | ||
YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - | ||
NEW PROPERTY VALUE) | ||
SECTION 19. 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-TAXES [ |
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SECTION 20. Section 26.04, Tax Code, is amended by amending | ||
Subsections (b), (c), (d), (e), (e-1), (f), (i), and (j) and adding | ||
Subsections (c-1), (d-1), (d-2), (d-3), and (h-1) 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 July 15 [ |
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thereafter as practicable. By July 15 [ |
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thereafter as practicable, the taxing unit's collector shall | ||
certify [ |
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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) An officer or employee designated by the governing body | ||
shall calculate the no-new-taxes [ |
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rollback tax rate for the unit, where: | ||
(1) "No-new-taxes [ |
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expressed in dollars per $100 of taxable value calculated according | ||
to the following formula: | ||
NO-NEW-TAXES [ |
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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-TAXES [ |
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MAINTENANCE AND OPERATIONS RATE x 1.05 [ |
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CURRENT DEBT RATE | ||
(c-1) Notwithstanding any other provision of this section, | ||
the governing body may direct the designated officer or employee to | ||
substitute "1.08" for "1.05" in the calculation of the rollback tax | ||
rate if any part of the taxing unit is located in an area declared a | ||
disaster area during the current tax year by the governor or by the | ||
president of the United States. | ||
(d) The no-new-taxes [ |
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the sum of the no-new-taxes [ |
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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 submit the | ||
worksheets used in calculating the no-new-taxes tax rate and the | ||
rollback tax rate to: | ||
(1) the chief appraiser of each appraisal district in | ||
which the taxing unit is located; and | ||
(2) the chief financial officer or the auditor for the | ||
taxing unit. | ||
(d-2) The designated officer or employee may not submit the | ||
no-new-taxes tax rate and the rollback tax rate to the governing | ||
body of the taxing unit and the governing body of the unit may not | ||
adopt a tax rate until: | ||
(1) the chief appraiser of each appraisal district in | ||
which the taxing unit is located submits to the governing body of | ||
the unit a written certification that the values used in the | ||
calculations are the same as the values shown in the unit's | ||
appraisal roll; and | ||
(2) the chief financial officer or the auditor for the | ||
unit submits to the governing body of the unit a written | ||
certification that the rollback tax rate has been calculated | ||
correctly. | ||
(d-3) The comptroller shall adopt rules governing the form | ||
of the certifications required by Subsection (d-2) and the manner | ||
in which they are required to be submitted. | ||
(e) By July 22 [ |
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practicable, the designated officer or employee shall submit the | ||
rates to the governing body. By July 27, the designated officer or | ||
employee [ |
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unit or publish in a newspaper in the form prescribed by the | ||
comptroller: | ||
(1) the no-new-taxes [ |
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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-taxes [ |
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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 | ||
Subsections (d-1) and (d-2) and the notice requirements imposed by | ||
Subsections (e)(1)-(6) do not apply to a school district. | ||
(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-taxes | ||
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(h-1) Notwithstanding Subsection (h), the assessor may not | ||
certify an anticipated collection rate under Subsection (b) that is | ||
lower than the lowest actual collection rate in the preceding three | ||
years. | ||
(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-taxes [ |
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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-taxes | ||
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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-taxes [ |
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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-taxes [ |
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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 21. Section 26.041, Tax Code, is amended by | ||
amending Subsections (a), (b), (c), (e), (g), and (h) and adding | ||
Subsection (c-1) 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-taxes [ |
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rate and rollback tax rate for the unit are calculated according to | ||
the following formulas: | ||
NO-NEW-TAXES [ |
||
- LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW | ||
PROPERTY VALUE)] - SALES TAX GAIN RATE | ||
and | ||
ROLLBACK TAX RATE = (NO-NEW-TAXES [ |
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MAINTENANCE AND OPERATIONS RATE x 1.05 [ |
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CURRENT DEBT RATE - SALES TAX GAIN RATE | ||
where "sales tax gain rate" means a number expressed in dollars per | ||
$100 of taxable value, calculated by dividing the revenue that will | ||
be generated by the additional sales and use tax in the following | ||
year as calculated under Subsection (d) [ |
||
current total value. | ||
(b) Except as provided by Subsections (a) and (c) [ |
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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 1.05 [ |
||
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) [ |
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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-taxes [ |
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rate for the unit are calculated according to the following | ||
formulas: | ||
NO-NEW-TAXES [ |
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- 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 1.05 [ |
||
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. | ||
(c-1) Notwithstanding any other provision of this section, | ||
the governing body may direct the designated officer or employee to | ||
substitute "1.08" for "1.05" in the calculation of the rollback tax | ||
rate if any part of the taxing unit is located in an area declared a | ||
disaster area during the current tax year by the governor or by the | ||
president of the United States. | ||
(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-taxes [ |
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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) [ |
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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 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-taxes [ |
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the no-new-taxes [ |
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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) [ |
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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 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-taxes [ |
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no-new-taxes [ |
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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 22. The heading to Section 26.043, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.043. ROLLBACK AND NO-NEW-TAXES [ |
||
RATES [ |
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SECTION 23. 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-taxes [ |
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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-taxes [ |
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tax rate refers to that rate as adjusted under this section. | ||
SECTION 24. The heading to Section 26.044, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.044. NO-NEW-TAXES [ |
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STATE CRIMINAL JUSTICE MANDATE. | ||
SECTION 25. 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-taxes [ |
||
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-taxes | ||
[ |
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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-taxes [ |
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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) [ |
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SECTION 26. 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-taxes [ |
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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-taxes [ |
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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-taxes [ |
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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 27. Section 26.05, Tax Code, is amended by amending | ||
Subsections (a), (b), (c), (d), and (g) and adding Subsection (e-1) | ||
to read as follows: | ||
(a) The governing body of each taxing unit[ |
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rate for the current tax year and shall notify the assessor for the | ||
unit of the rate adopted. The governing body must adopt a tax rate | ||
before the later of September 30 or the 60th day after the date the | ||
certified appraisal roll is received by the taxing unit, except | ||
that the governing body must adopt a tax rate that exceeds the | ||
rollback tax rate before August 15. The tax rate consists of two | ||
components, each of which must be approved separately. The | ||
components are: | ||
(1) for a taxing unit other than a school district, the | ||
rate that, if applied to the total taxable value, will impose the | ||
total amount published under Section 26.04(e)(3)(C), less any | ||
amount of additional sales and use tax revenue that will be used to | ||
pay debt service, or, for a school district, the rate calculated | ||
under Section 44.004(c)(5)(A)(ii)(b), Education Code; and | ||
(2) the rate that, if applied to the total taxable | ||
value, will impose the amount of taxes needed to fund maintenance | ||
and operation expenditures of the unit for the next year. | ||
(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-taxes [ |
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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-taxes [ |
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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-taxes [ |
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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-taxes [ |
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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-taxes | ||
[ |
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statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | ||
PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES | ||
[ |
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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-taxes | ||
[ |
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statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | ||
PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES | ||
[ |
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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-taxes [ |
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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-taxes [ |
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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-taxes | ||
[ |
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complies with Section 26.06. | ||
(e-1) The governing body of a taxing unit that imposes an | ||
additional sales and use tax may not adopt the component of the tax | ||
rate of the unit described by Subsection (a)(1) of this section | ||
until the chief financial officer or the auditor for the unit | ||
submits to the governing body of the unit a written certification | ||
that the amount of additional sales and use tax revenue that will be | ||
used to pay debt service has been deducted from the total amount | ||
published under Section 26.04(e)(3)(C) as required by Subsection | ||
(a)(1) of this section. The comptroller shall adopt rules | ||
governing the form of the certification required by this subsection | ||
and the manner in which it is required to be submitted. | ||
(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-taxes [ |
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and the rollback tax rate of the district shall be calculated based | ||
on the certified estimate of taxable value. | ||
SECTION 28. Section 26.052(e), Tax Code, is amended 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-taxes [ |
||
provided by Section 26.04, a statement substantially identical to | ||
the following: "The proposed tax rate is a tax increase and would | ||
increase total taxes in (name of taxing unit) by (percentage by | ||
which the proposed tax rate exceeds the no-new-taxes [ |
||
tax rate)." | ||
SECTION 29. Section 26.06, Tax Code, is amended by amending | ||
Subsections (b), (d), and (e) and adding Subsections (b-1), (b-2), | ||
(b-3), and (b-4) 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. | ||
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(b-1) If the proposed tax rate exceeds the no-new-taxes tax | ||
rate and the rollback tax rate of the taxing unit, the notice must | ||
contain a statement in the following form: | ||
"NOTICE OF PUBLIC HEARING ON TAX INCREASE | ||
"PROPOSED TAX RATE $__________per $100 | ||
"NO-NEW-TAXES RATE $__________per $100 | ||
"ROLLBACK TAX RATE $__________per $100 | ||
"The no-new-taxes rate is the tax rate for the (current tax | ||
year) tax year that will raise the same amount of property tax | ||
revenue for (name of taxing unit) from the same properties in both | ||
the (preceding tax year) tax year and the (current tax year) tax | ||
year. | ||
"The rollback tax rate is the highest tax rate that (name of | ||
taxing unit) may adopt without holding an election to ratify the | ||
rate. | ||
"The proposed tax rate is greater than the no-new-taxes rate. | ||
This means that (name of taxing unit) is proposing to increase | ||
property taxes for the (current tax year) tax year. | ||
"A public hearing on the proposed tax rate will be held on | ||
(date and time) at (meeting place). | ||
"A second public hearing will be held on (date and time) at | ||
(meeting place). | ||
"The proposed tax rate is also greater than the rollback tax | ||
rate. If (name of taxing unit) adopts the proposed tax rate, (name | ||
of taxing unit) is required to hold an election so that voters may | ||
accept or reject the proposed tax rate. If a majority of voters | ||
reject the proposed tax rate, the (name of taxing unit) will be | ||
required to adopt a new tax rate that is not greater than the | ||
rollback tax rate. The election will be held on (date of election). | ||
You may contact the (name of office responsible for administering | ||
the election) for information about voting locations. The hours of | ||
voting on election day are (voting hours). | ||
"Your taxes owed under any of the tax rates mentioned above | ||
can be calculated as follows: | ||
"Property tax amount = tax rate x taxable value of your | ||
property / 100 | ||
"(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.)" | ||
(b-2) If the proposed tax rate exceeds the no-new-taxes tax | ||
rate but does not exceed the rollback tax rate of the taxing unit, | ||
the notice must contain a statement in the following form: | ||
"NOTICE OF PUBLIC HEARING ON TAX INCREASE | ||
"PROPOSED TAX RATE $__________per $100 | ||
"NO-NEW-TAXES RATE $__________per $100 | ||
"ROLLBACK TAX RATE $__________per $100 | ||
"The no-new-taxes rate is the tax rate for the (current tax | ||
year) tax year that will raise the same amount of property tax | ||
revenue for (name of taxing unit) from the same properties in both | ||
the (preceding tax year) tax year and the (current tax year) tax | ||
year. | ||
"The rollback tax rate is the highest tax rate that (name of | ||
taxing unit) may adopt without holding an election to ratify the | ||
rate. | ||
"The proposed tax rate is greater than the no-new-taxes rate. | ||
This means that (name of taxing unit) is proposing to increase | ||
property taxes for the (current tax year) tax year. | ||
"A public hearing on the proposed tax rate will be held on | ||
(date and time) at (meeting place). | ||
"A second public hearing will be held on (date and time) at | ||
(meeting place). | ||
"The proposed tax rate is not greater than the rollback tax | ||
rate. As a result, (name of taxing unit) is not required to hold an | ||
election at which voters may accept or reject the proposed tax rate. | ||
However, you may express your support for or opposition to the | ||
proposed tax rate by contacting the members of the (name of | ||
governing body) of (name of taxing unit) at their offices or by | ||
attending one of the public hearings mentioned above. | ||
"Your taxes owed under any of the tax rates mentioned above | ||
can be calculated as follows: | ||
"Property tax amount = tax rate x taxable value of your | ||
property / 100 | ||
"(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.)" | ||
(b-3) If the proposed tax rate does not exceed the | ||
no-new-taxes tax rate but exceeds the rollback tax rate of the | ||
taxing unit, the notice must contain a statement in the following | ||
form: | ||
"NOTICE OF PUBLIC HEARING ON TAX INCREASE | ||
"PROPOSED TAX RATE $__________per $100 | ||
"NO-NEW-TAXES RATE $__________per $100 | ||
"ROLLBACK TAX RATE $__________per $100 | ||
"The no-new-taxes rate is the tax rate for the (current tax | ||
year) tax year that will raise the same amount of property tax | ||
revenue for (name of taxing unit) from the same properties in both | ||
the (preceding tax year) tax year and the (current tax year) tax | ||
year. | ||
"The rollback tax rate is the highest tax rate that (name of | ||
taxing unit) may adopt without holding an election to ratify the | ||
rate. | ||
"The proposed tax rate is not greater than the no-new-taxes | ||
rate. This means that (name of taxing unit) is not proposing to | ||
increase property taxes for the (current tax year) tax year. | ||
"A public hearing on the proposed tax rate will be held on | ||
(date and time) at (meeting place). | ||
"A second public hearing will be held on (date and time) at | ||
(meeting place). | ||
"The proposed tax rate is greater than the rollback tax rate. | ||
If (name of taxing unit) adopts the proposed tax rate, (name of | ||
taxing unit) is required to hold an election so that voters may | ||
accept or reject the proposed tax rate. If a majority of voters | ||
reject the proposed tax rate, the (name of taxing unit) will be | ||
required to adopt a new tax rate that is not greater than the | ||
rollback tax rate. The election will be held on (date of election). | ||
You may contact the (name of office responsible for administering | ||
the election) for information about voting locations. The hours of | ||
voting on election day are (voting hours). | ||
"Your taxes owed under any of the tax rates mentioned above | ||
can be calculated as follows: | ||
"Property tax amount = tax rate x taxable value of your | ||
property / 100 | ||
"(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.)" | ||
(b-4) In addition to including the information described by | ||
Subsection (b-1), (b-2), or (b-3), as applicable, the notice must | ||
include the information described by Section 26.062. | ||
(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-taxes [ |
||
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 seventh [ |
||
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-taxes | ||
[ |
||
notice under Subsection (d) before it may adopt a rate that exceeds | ||
the lower of the rollback tax rate or the no-new-taxes [ |
||
tax rate. | ||
SECTION 30. Chapter 26, Tax Code, is amended by adding | ||
Sections 26.061 and 26.062 to read as follows: | ||
Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE | ||
THAT DOES NOT EXCEED LOWER OF NO-NEW-TAXES OR ROLLBACK TAX RATE. | ||
(a) This section applies only to the governing body of a taxing | ||
unit other than a school district that proposes to adopt a tax rate | ||
that does not exceed the lower of the no-new-taxes tax rate or the | ||
rollback tax rate calculated as provided by this chapter. | ||
(b) The notice of the meeting at which the governing body of | ||
the taxing unit will vote on the proposed tax rate must contain a | ||
statement in the following form: | ||
"NOTICE OF MEETING TO VOTE ON TAX RATE | ||
"PROPOSED TAX RATE $__________per $100 | ||
"NO-NEW-TAXES RATE $__________per $100 | ||
"ROLLBACK TAX RATE $__________per $100 | ||
"The no-new-taxes rate is the tax rate for the (current tax | ||
year) tax year that will raise the same amount of property tax | ||
revenue for (name of taxing unit) from the same properties in both | ||
the (preceding tax year) tax year and the (current tax year) tax | ||
year. | ||
"The rollback tax rate is the highest tax rate that (name of | ||
taxing unit) may adopt without holding an election to ratify the | ||
rate. | ||
"The proposed tax rate is not greater than the no-new-taxes | ||
rate. This means that (name of taxing unit) is not proposing to | ||
increase property taxes for the (current tax year) tax year. | ||
"A public meeting to vote on the proposed tax rate will be | ||
held on (date and time) at (meeting place). | ||
"The proposed tax rate is also not greater than the rollback | ||
tax rate. As a result, (name of taxing unit) is not required to hold | ||
an election at which voters may accept or reject the proposed tax | ||
rate. However, you may express your support for or opposition to | ||
the proposed tax rate by contacting the members of the (name of | ||
governing body) of (name of taxing unit) at their offices or by | ||
attending the public meeting mentioned above. | ||
"Your taxes owed under any of the above rates can be | ||
calculated as follows: | ||
"Property tax amount = tax rate x taxable value of your | ||
property / 100 | ||
"(Names of all members of the governing body, showing how | ||
each voted on the proposed tax rate or, if one or more were absent, | ||
indicating the absences.)" | ||
(c) In addition to including the information described by | ||
Subsection (b), the notice must include the information described | ||
by Section 26.062. | ||
Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX | ||
RATE NOTICE. (a) In addition to the information described by | ||
Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a | ||
notice required by that provision must include at the end of the | ||
notice: | ||
(1) a statement in the following form: | ||
"The following table compares the taxes imposed on the | ||
average residence homestead by (name of taxing unit) last year to | ||
the taxes proposed to be imposed on the average residence homestead | ||
by (name of taxing unit) this year:"; | ||
(2) a table in the form required by this section | ||
following the statement described by Subdivision (1); and | ||
(3) a statement in the following form following the | ||
table: | ||
(A) if the tax assessor for the taxing unit | ||
maintains an Internet website: "For assistance with tax | ||
calculations, please contact the tax assessor for (name of taxing | ||
unit) at (telephone number) or (e-mail address), or visit (Internet | ||
website address) for more information."; or | ||
(B) if the tax assessor for the taxing unit does | ||
not maintain an Internet website: "For assistance with tax | ||
calculations, please contact the tax assessor for (name of taxing | ||
unit) at (telephone number) or (e-mail address)." | ||
(b) The table must contain five rows and four columns. | ||
(c) The first row must appear as follows: | ||
(1) the first column of the first row must be left | ||
blank; | ||
(2) the second column of the first row must state the | ||
year corresponding to the preceding tax year; | ||
(3) the third column of the first row must state the | ||
year corresponding to the current tax year; and | ||
(4) the fourth column of the first row must be entitled | ||
"Change". | ||
(d) The second row must appear as follows: | ||
(1) the first column of the second row must be entitled | ||
"Total tax rate (per $100 of value)"; | ||
(2) the second column of the second row must state the | ||
adopted tax rate for the preceding tax year; | ||
(3) the third column of the second row must state the | ||
proposed tax rate for the current tax year; and | ||
(4) the fourth column of the second row must state the | ||
nominal and percentage difference between the adopted tax rate for | ||
the preceding tax year and the proposed tax rate for the current tax | ||
year as follows: "(increase or decrease, as applicable) of | ||
(nominal difference between tax rate stated in second column of | ||
second row and tax rate stated in third column of second row) per | ||
$100, or (percentage difference between tax rate stated in second | ||
column of second row and tax rate stated in third column of second | ||
row)%". | ||
(e) The third row must appear as follows: | ||
(1) the first column of the third row must be entitled | ||
"Average homestead taxable value"; | ||
(2) the second column of the third row must state the | ||
average taxable value of a residence homestead in the taxing unit | ||
for the preceding tax year; | ||
(3) the third column of the third row must state the | ||
average taxable value of a residence homestead in the taxing unit | ||
for the current tax year; and | ||
(4) the fourth column of the third row must state the | ||
percentage difference between the average taxable value of a | ||
residence homestead in the taxing unit for the preceding tax year | ||
and the average taxable value of a residence homestead in the taxing | ||
unit for the current tax year as follows: "(increase or decrease, | ||
as applicable) of (percentage difference between amount stated in | ||
second column of third row and amount stated in third column of | ||
third row)%". | ||
(f) The fourth row must appear as follows: | ||
(1) the first column of the fourth row must be entitled | ||
"Tax on average homestead"; | ||
(2) the second column of the fourth row must state the | ||
amount of taxes imposed by the taxing unit in the preceding tax year | ||
on a residence homestead with a taxable value equal to the average | ||
taxable value of a residence homestead in the taxing unit in the | ||
preceding tax year; | ||
(3) the third column of the fourth row must state the | ||
amount of taxes that would be imposed by the taxing unit in the | ||
current tax year on a residence homestead with a taxable value equal | ||
to the average taxable value of a residence homestead in the taxing | ||
unit in the current tax year if the taxing unit adopted the proposed | ||
tax rate; and | ||
(4) the fourth column of the fourth row must state the | ||
nominal and percentage difference between the amount of taxes | ||
imposed by the taxing unit in the preceding tax year on a residence | ||
homestead with a taxable value equal to the average taxable value of | ||
a residence homestead in the taxing unit in the preceding tax year | ||
and the amount of taxes that would be imposed by the taxing unit in | ||
the current tax year on a residence homestead with a taxable value | ||
equal to the average taxable value of a residence homestead in the | ||
taxing unit in the current tax year if the taxing unit adopted the | ||
proposed tax rate, as follows: "(increase or decrease, as | ||
applicable) of (nominal difference between amount stated in second | ||
column of fourth row and amount stated in third column of fourth | ||
row), or (percentage difference between amount stated in second | ||
column of fourth row and amount stated in third column of fourth | ||
row)%". | ||
(g) The fifth row must appear as follows: | ||
(1) the first column of the fifth row must be entitled | ||
"Total tax levy on all properties"; | ||
(2) the second column of the fifth row must state the | ||
amount equal to last year's levy; | ||
(3) the third column of the fifth row must state the | ||
amount computed by multiplying the proposed tax rate by the current | ||
total value and dividing the product by 100; and | ||
(4) the fourth column of the fifth row must state the | ||
nominal and percentage difference between the total amount of taxes | ||
imposed by the taxing unit in the preceding tax year and the amount | ||
that would be imposed by the taxing unit in the current tax year if | ||
the taxing unit adopted the proposed tax rate, as follows: | ||
"(increase or decrease, as applicable) of (nominal difference | ||
between amount stated in second column of fifth row and amount | ||
stated in third column of fifth row), or (percentage difference | ||
between amount stated in second column of fifth row and amount | ||
stated in third column of fifth row)%". | ||
(h) In calculating the average taxable value of a residence | ||
homestead in the taxing unit for the preceding tax year and the | ||
current tax year for purposes of Subsections (e) and (f), any | ||
residence homestead exemption available only to disabled persons, | ||
persons 65 years of age or older, or their surviving spouses must be | ||
disregarded. | ||
SECTION 31. The heading to Section 26.08, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.08. ELECTION TO RATIFY TAX RATE [ |
||
SECTION 32. Sections 26.08(a), (b), (d), (d-1), (d-2), (e), | ||
(g), (h), (n), and (p), Tax Code, are amended to read as follows: | ||
(a) If the governing body of a taxing unit [ |
||
adopts a tax rate that exceeds the taxing unit's [ |
||
rollback tax rate, the registered voters of the taxing unit | ||
[ |
||
whether to approve the adopted tax rate. When increased | ||
expenditure of money by a taxing unit [ |
||
necessary to respond to a disaster, including a tornado, hurricane, | ||
flood, or other calamity, but not including a drought, that has | ||
impacted the taxing unit [ |
||
requested federal disaster assistance for the area in which the | ||
taxing unit [ |
||
required under this section to approve the tax rate adopted by the | ||
governing body for the year following the year in which the disaster | ||
occurs. | ||
(b) The governing body shall order that the election be held | ||
in the taxing unit [ |
||
prescribed by [ |
||
|
||
Code, that occurs in November of the applicable tax year. The order | ||
calling the election may not be issued later than August 15 [ |
||
|
||
|
||
the ballots shall be prepared to permit voting for or against the | ||
proposition: "Approving the ad valorem tax rate of $_____ per $100 | ||
valuation in (name of taxing unit [ |
||
current year, a rate that is $_____ higher per $100 valuation than | ||
the [ |
||
for the purpose of (description of purpose of increase)." The | ||
ballot proposition must include the adopted tax rate and the | ||
difference between that rate and the rollback tax rate in the | ||
appropriate places. | ||
(d) If the proposition is not approved as provided by | ||
Subsection (c), the governing body may not adopt a tax rate for the | ||
taxing unit [ |
||
taxing unit's [ |
||
(d-1) If, after tax bills for the taxing unit [ |
||
|
||
unit's [ |
||
voters of the taxing unit [ |
||
section, on subsequent adoption of a new tax rate by the governing | ||
body of the taxing unit [ |
||
[ |
||
shall include with each bill a brief explanation of the reason for | ||
and effect of the corrected bill. The date on which the taxes | ||
become delinquent for the year is extended by a number of days equal | ||
to the number of days between the date the first tax bills were sent | ||
and the date the corrected tax bills were sent. | ||
(d-2) If a property owner pays taxes calculated using the | ||
originally adopted tax rate of the taxing unit [ |
||
and the proposition to approve the adopted tax rate is not approved | ||
by the voters, the taxing unit [ |
||
difference between the amount of taxes paid and the amount due under | ||
the subsequently adopted rate if the difference between the amount | ||
of taxes paid and the amount due under the subsequent rate is $1 or | ||
more. If the difference between the amount of taxes paid and the | ||
amount due under the subsequent rate is less than $1, the taxing | ||
unit [ |
||
the taxpayer. An application for a refund of less than $1 must be | ||
made within 90 days after the date the refund becomes due or the | ||
taxpayer forfeits the right to the refund. | ||
(e) For purposes of this section, local tax funds dedicated | ||
to a junior college district under Section 45.105(e), Education | ||
Code, shall be eliminated from the calculation of the tax rate | ||
adopted by the governing body of a [ |
||
the funds dedicated to the junior college district are subject to | ||
Section 26.085. | ||
(g) In a school district that received distributions from an | ||
equalization tax imposed under former Chapter 18, Education Code, | ||
the no-new-taxes tax [ |
||
the county unit system's abolition is added to the district's | ||
rollback tax rate. | ||
(h) For purposes of this section, increases in taxable | ||
values and tax levies occurring within a reinvestment zone under | ||
Chapter 311 (Tax Increment Financing Act), in which a school [ |
||
district is a participant, shall be eliminated from the calculation | ||
of the tax rate adopted by the governing body of the school | ||
district. | ||
(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-taxes [ |
||
maintenance and operations tax rate of the district as computed | ||
under Subsection (i) [ |
||
(ii) the rate per $100 of taxable value that | ||
is equal to the product of the state compression percentage, as | ||
determined under Section 42.2516, Education Code, for the current | ||
year and $0.06; and | ||
(iii) the district's current debt rate. | ||
(p) Notwithstanding Subsections (i), (n), and (o), if for | ||
the preceding tax year a school district adopted a maintenance and | ||
operations tax rate that was less than the district's no-new-taxes | ||
[ |
||
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-taxes [ |
||
rate for that preceding tax year. | ||
SECTION 33. 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-taxes | ||
[ |
||
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 34. The heading to Section 26.16, Tax Code, is | ||
amended to read as follows: | ||
Sec. 26.16. POSTING OF TAX-RELATED INFORMATION [ |
||
ON COUNTY'S INTERNET WEBSITE. | ||
SECTION 35. Section 26.16, Tax Code, is amended by amending | ||
Subsections (a) and (d) and adding Subsections (a-1), (d-1), and | ||
(d-2) to read as follows: | ||
(a) Each county shall maintain an Internet website. The | ||
county assessor-collector for each county [ |
||
|
||
[ |
||
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-taxes [ |
||
(5) the no-new-taxes [ |
||
operations rate; and | ||
(6) the rollback tax rate. | ||
(a-1) For purposes of Subsection (a), a reference to the | ||
no-new-taxes tax rate or the no-new-taxes 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-taxes [ |
||
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-taxes [ |
||
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. An [ |
||
|
||
|
||
|
||
|
||
if a taxing unit [ |
||
of the unit's [ |
||
(d-1) In addition to posting the information described by | ||
Subsection (a), the county assessor-collector shall post on the | ||
Internet website of the county for each taxing unit all or part of | ||
the territory of which is located in the county: | ||
(1) the worksheets used by the designated officer or | ||
employee of each taxing unit to calculate the no-new-taxes and | ||
rollback tax rates of the unit for the most recent five tax years; | ||
and | ||
(2) the name and official contact information for each | ||
member of the governing body of the taxing unit. | ||
(d-2) The designated officer or employee shall submit to the | ||
county assessor-collector the worksheets used to calculate the | ||
no-new-taxes and rollback tax rates for the current tax year by July | ||
27. The county assessor-collector shall post the worksheets on the | ||
website not later than August 1. | ||
SECTION 36. Sections 31.12(a) and (b), Tax Code, are | ||
amended to read as follows: | ||
(a) If a refund of a tax provided by Section 11.431(b), | ||
26.08(d-2) [ |
||
before the 60th day after the date the liability for the refund | ||
arises, no interest is due on the amount refunded. If not paid on or | ||
before that 60th day, the amount of the tax to be refunded accrues | ||
interest at a rate of one percent for each month or part of a month | ||
that the refund is unpaid, beginning with the date on which the | ||
liability for the refund arises. | ||
(b) For purposes of this section, liability for a refund | ||
arises: | ||
(1) if the refund is required by Section 11.431(b), on | ||
the date the chief appraiser notifies the collector for the unit of | ||
the approval of the late homestead exemption; | ||
(2) if the refund is required by Section 26.08(d-2) | ||
[ |
||
tax rate are certified; | ||
(3) if the refund is required by Section 26.15(f): | ||
(A) for a correction to the tax roll made under | ||
Section 26.15(b), on the date the change in the tax roll is | ||
certified to the assessor for the taxing unit under Section 25.25; | ||
or | ||
(B) for a correction to the tax roll made under | ||
Section 26.15(c), on the date the change in the tax roll is ordered | ||
by the governing body of the taxing unit; | ||
(4) if the refund is required by Section 31.11, on the | ||
date the auditor for the taxing unit determines that the payment was | ||
erroneous or excessive or, if the amount of the refund exceeds the | ||
applicable amount specified by Section 31.11(a), on the date the | ||
governing body of the unit approves the refund; or | ||
(5) if the refund is required by Section 31.111, on the | ||
date the collector for the taxing unit determines that the payment | ||
was erroneous. | ||
SECTION 37. Section 33.08(b), Tax Code, is amended to read | ||
as follows: | ||
(b) The governing body of the taxing unit or appraisal | ||
district, in the manner required by law for official action, may | ||
provide that taxes that become delinquent on or after June 1 under | ||
Section 26.08(d-1) [ |
||
31.04, or 42.42 incur an additional penalty to defray costs of | ||
collection. The amount of the penalty may not exceed the amount of | ||
the compensation specified in the applicable contract with an | ||
attorney under Section 6.30 to be paid in connection with the | ||
collection of the delinquent taxes. | ||
SECTION 38. 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) [ |
||
|
||
|
||
[ |
||
records; | ||
(2) [ |
||
exemption; | ||
(3) [ |
||
appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or | ||
(4) [ |
||
in which a particular property is taxable. | ||
SECTION 39. Section 41.11(a), Tax Code, is amended to read | ||
as follows: | ||
(a) Not later than the date the appraisal review board | ||
approves the appraisal records as provided by Section 41.12, the | ||
secretary of the board shall deliver written notice to a property | ||
owner of any change in the records that is ordered by the board as | ||
provided by this subchapter and that will result in an increase in | ||
the tax liability of the property owner. An owner who receives a | ||
notice as provided by this section shall be entitled to protest such | ||
action as provided by Section 41.44(a)(2) [ |
||
SECTION 40. Section 41.12(a), Tax Code, is amended to read | ||
as follows: | ||
(a) By July 5 [ |
||
(1) hear and determine all or substantially all timely | ||
filed protests; | ||
(2) determine all timely filed challenges; | ||
(3) submit a list of its approved changes in the | ||
records to the chief appraiser; and | ||
(4) approve the records. | ||
SECTION 41. Sections 41.44(a), (b-1), (c), and (d), Tax | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsections (b), (b-1), (c), | ||
(c-1), and (c-2), to be entitled to a hearing and determination of a | ||
protest, the property owner initiating the protest must file a | ||
written notice of the protest with the appraisal review board | ||
having authority to hear the matter protested: | ||
(1) before May 15 [ |
||
after the date that notice to the property owner was delivered to | ||
the property owner as provided by Section 25.19, [ |
||
|
||
|
||
(2) [ |
||
|
||
|
||
|
||
[ |
||
appraisal records ordered as provided by Subchapter A of this | ||
chapter or by Chapter 25, not later than the 30th day after the date | ||
notice of the change is delivered to the property owner; | ||
(3) [ |
||
in the use of land appraised under Subchapter C, D, E, or H, Chapter | ||
23, has occurred, not later than the 30th day after the date the | ||
notice of the determination is delivered to the property owner; or | ||
(4) [ |
||
eligibility for a refund under Section 23.1243, not later than the | ||
30th day after the date the notice of the determination is delivered | ||
to the property owner. | ||
(b-1) Notwithstanding Subsection (a)(1), an owner of a | ||
single-family residence that qualifies for an exemption under | ||
Section 11.13 [ |
||
notice of protest after the deadline prescribed by that subsection | ||
but before the appraisal review board approves the appraisal | ||
records is entitled to a hearing and determination of the protest if | ||
the property owner files the notice before June 1. | ||
(c) A property owner who files notice of a protest | ||
authorized by Section 41.411 is entitled to a hearing and | ||
determination of the protest if the property owner files the notice | ||
prior to the date the taxes on the property to which the notice | ||
applies become delinquent. An owner of land who files a notice of | ||
protest under Subsection (a)(3) [ |
||
and determination of the protest without regard to whether the | ||
appraisal records are approved. | ||
(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 included in a | ||
classification described by that section. 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 42. Section 41.45, Tax Code, is amended by amending | ||
Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to | ||
read as follows: | ||
(d) This subsection does not apply to a special panel | ||
established under Section 6.425. An appraisal review board | ||
consisting of more than three members may sit in panels of not fewer | ||
than three members to conduct protest hearings. [ |
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board, the board may refer the matter for rehearing to a panel | ||
composed of members who did not hear the original hearing or, if | ||
there are not at least three members who did not hear the original | ||
protest, the board may determine the protest. [ |
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(d-1) An appraisal review board to which Section 6.425 | ||
applies shall sit in special panels established under that section | ||
to conduct protest hearings. A special panel may conduct a protest | ||
hearing relating to property only if the property is included in the | ||
classification for which the panel was established and the property | ||
owner has requested that the panel conduct the hearing. The board | ||
may rehear a protest heard by a special panel if the board elects | ||
not to accept the recommendation of the panel. | ||
(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 43. Section 41.66, Tax Code, is amended by amending | ||
Subsection (k) and adding Subsection (k-1) to read as follows: | ||
(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 included in a classification described by that | ||
section to the special panel established to conduct protest | ||
hearings relating to property included in that classification. If | ||
the board has established more than one special panel to conduct | ||
protest hearings relating to property included in a particular | ||
classification, protests relating to property included in that | ||
classification shall be randomly assigned to those special 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. | ||
SECTION 44. Section 41.71, Tax Code, is amended to read as | ||
follows: | ||
Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An | ||
appraisal review board by rule shall provide for hearings on | ||
protests [ |
||
weekday [ |
||
(b) The board may not schedule: | ||
(1) the first hearing on a protest held on a weekday | ||
evening to begin after 7 p.m.; or | ||
(2) a hearing on a protest on a Sunday. | ||
SECTION 45. Section 41A.01, Tax Code, is amended to read as | ||
follows: | ||
Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an | ||
alternative to filing an appeal under Section 42.01, a property | ||
owner is entitled to appeal through binding arbitration under this | ||
chapter an appraisal review board order determining a protest filed | ||
under Section 41.41(a)(1) or (2) concerning the appraised or market | ||
value of property if: | ||
(1) the property qualifies as the owner's residence | ||
homestead under Section 11.13; or | ||
(2) the appraised or market value, as applicable, of | ||
the property as determined by the order is $5 [ |
||
SECTION 46. Section 41A.03(a), Tax Code, is amended to read | ||
as follows: | ||
(a) To appeal an appraisal review board order under this | ||
chapter, a property owner must file with the appraisal district not | ||
later than the 45th day after the date the property owner receives | ||
notice of the order: | ||
(1) a completed request for binding arbitration under | ||
this chapter in the form prescribed by Section 41A.04; and | ||
(2) an arbitration deposit made payable to the | ||
comptroller in the amount of: | ||
(A) $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 $500,000 or less, | ||
as determined by the order; | ||
(B) $500, 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) $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 $1 million or | ||
less, as determined by the order; | ||
(D) $800, 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) $1,050, 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) $1,250, 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 47. Section 41A.06(b), Tax Code, 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 [ |
||
(b) a real estate appraiser under | ||
Chapter 1103, Occupations Code; or | ||
(c) a certified public accountant | ||
under Chapter 901, Occupations Code; and | ||
(2) 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) $1,200, 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 48. 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-taxes [ |
||
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 49. Section 130.016(b), Education Code, is amended | ||
to read as follows: | ||
(b) If the board of trustees of an independent school | ||
district that divests itself of the management, control, and | ||
operation of a junior college district under this section or under | ||
Section 130.017 [ |
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college district before the divestment, the junior college district | ||
may levy an ad valorem tax from and after the divestment. In the | ||
first two years in which the junior college district levies an ad | ||
valorem tax, the tax rate adopted by the governing body may not | ||
exceed the rate that, if applied to the total taxable value | ||
submitted to the governing body under Section 26.04, Tax Code, | ||
would impose an amount equal to the amount of taxes of the school | ||
district dedicated to the junior college under [ |
||
Section 45.105(e) or former Section 20.48(e) [ |
||
in the last dedication before the divestment. In subsequent years, | ||
the tax rate of the junior college district is subject to Section | ||
26.08 [ |
||
SECTION 50. 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 [ |
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SECTION 51. Sections 281.124(d) and (e), Health and Safety | ||
Code, are amended to read as follows: | ||
(d) If a majority of the votes cast in the election favor the | ||
proposition, the tax rate for the specified tax year is the rate | ||
approved by the voters, and that rate is not subject to [ |
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|
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adopt the tax rate as provided by Chapter 26, Tax Code. | ||
(e) If the proposition is not approved as provided by | ||
Subsection (c), the board may not adopt a tax rate for the district | ||
for the specified tax year that exceeds the rate that was not | ||
approved, and Section 26.08 [ |
||
adopted rate if that rate exceeds the district's rollback tax rate. | ||
SECTION 52. 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-taxes [ |
||
(C) the no-new-taxes [ |
||
operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of municipal debt obligations. | ||
SECTION 53. 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-taxes [ |
||
(C) the no-new-taxes [ |
||
operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of county debt obligations. | ||
SECTION 54. 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-taxes [ |
||
(C) the no-new-taxes [ |
||
operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of county debt obligations. | ||
SECTION 55. 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-taxes [ |
||
(C) the no-new-taxes [ |
||
operations tax rate; | ||
(D) the rollback tax rate; and | ||
(E) the debt rate; and | ||
(4) the total amount of county debt obligations. | ||
SECTION 56. Section 1101.254(f), Special District Local | ||
Laws Code, is amended to read as follows: | ||
(f) This section does not affect the applicability of [ |
||
|
||
Section 26.08 [ |
||
that if district voters approve a tax rate increase under this | ||
section, [ |
||
Section 26.08 [ |
||
for that year. | ||
SECTION 57. Sections 1122.2522, 3828.157, and 8876.152, | ||
Special District Local Laws Code, are amended to read as follows: | ||
Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE. | ||
[ |
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rollback tax rate calculated as provided by Chapter 26, Tax Code, | ||
[ |
||
an election under Section 26.08 of that code must be held to | ||
determine whether or not to approve [ |
||
the board for that year [ |
||
[ |
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Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. Sections 26.04, 26.05, and 26.08 [ |
||
not apply to a tax imposed under Section 3828.153 or 3828.156. | ||
Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS. | ||
(a) Sections 26.04, 26.05, 26.06, 26.061, and 26.08 [ |
||
Code, do not apply to a tax imposed by the district. | ||
(b) Sections 49.236(a)(1) and (2) and (b) [ |
||
Water Code, apply [ |
||
|
||
SECTION 58. Section 49.107(g), Water Code, is amended to | ||
read as follows: | ||
(g) Sections 26.04, 26.05, 26.061, and 26.08 [ |
||
Code, do not apply to a tax levied and collected under this section | ||
or an ad valorem tax levied and collected for the payment of the | ||
interest on and principal of bonds issued by a district. | ||
SECTION 59. Section 49.108(f), Water Code, is amended to | ||
read as follows: | ||
(f) Sections 26.04, 26.05, 26.061, and 26.08 [ |
||
Code, do not apply to a tax levied and collected for payments made | ||
under a contract approved in accordance with this section. | ||
SECTION 60. Section 49.236, Water Code, as added by Chapter | ||
335 (S.B. 392), Acts of the 78th Legislature, Regular Session, | ||
2003, is amended by amending Subsections (a) and (d) and adding | ||
Subsections (e), (f), (g), (h), (i), (j), and (k) to read as | ||
follows: | ||
(a) Before the board adopts an ad valorem tax rate for the | ||
district for debt service, operation and maintenance purposes, or | ||
contract purposes, the board shall give notice of each meeting of | ||
the board at which the adoption of a tax rate will be considered. | ||
The notice must: | ||
(1) contain a statement in substantially the following | ||
form: | ||
"NOTICE OF PUBLIC HEARING ON TAX RATE | ||
"The (name of the district) will hold a public hearing on a | ||
proposed tax rate for the tax year (year of tax levy) on (date and | ||
time) at (meeting place). Your individual taxes may increase or | ||
decrease, depending on the change in the taxable value of your | ||
property in relation to the change in taxable value of all other | ||
property and the tax rate that is adopted. | ||
"(Names of all board members and, if a vote was taken, an | ||
indication of how each voted on the proposed tax rate and an | ||
indication of any absences.)"; | ||
(2) contain the following information: | ||
(A) the district's total adopted tax rate for the | ||
preceding year and the proposed tax rate, expressed as an amount per | ||
$100; | ||
(B) the difference, expressed as an amount per | ||
$100 and as a percent increase or decrease, as applicable, in the | ||
proposed tax rate compared to the adopted tax rate for the preceding | ||
year; | ||
(C) the average appraised value of a residence | ||
homestead in the district in the preceding year and in the current | ||
year; the district's total homestead exemption, other than an | ||
exemption available only to disabled persons or persons 65 years of | ||
age or older, applicable to that appraised value in each of those | ||
years; and the average taxable value of a residence homestead in the | ||
district in each of those years, disregarding any homestead | ||
exemption available only to disabled persons or persons 65 years of | ||
age or older; | ||
(D) the amount of tax that would have been | ||
imposed by the district in the preceding year on a residence | ||
homestead appraised at the average appraised value of a residence | ||
homestead in that year, disregarding any homestead exemption | ||
available only to disabled persons or persons 65 years of age or | ||
older; | ||
(E) the amount of tax that would be imposed by the | ||
district in the current year on a residence homestead appraised at | ||
the average appraised value of a residence homestead in that year, | ||
disregarding any homestead exemption available only to disabled | ||
persons or persons 65 years of age or older, if the proposed tax | ||
rate is adopted; [ |
||
(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 requires or | ||
authorizes an election in the district to ratify the tax rate, a | ||
description of the purpose of the proposed tax increase; and | ||
(3) contain a statement in substantially the following | ||
form, as applicable: | ||
(A) if there are not any new improvements | ||
included in the appraisal roll for the district for the current tax | ||
year: | ||
"NOTICE OF VOTE ON TAX RATE [ |
||
"If taxes on the average residence homestead increase by more | ||
than four [ |
||
|
||
whether to ratify [ |
||
[ |
||
or | ||
(B) if there are any new improvements included in | ||
the appraisal roll for the district for the current tax year: | ||
"NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION | ||
"If taxes on the average residence homestead increase by more | ||
than four percent, the qualified voters of the district by petition | ||
may require that an election be held to determine whether to ratify | ||
the tax rate under Section 49.236(e), Water Code." | ||
(d) This subsection applies to a district only if there are | ||
not any new improvements included in the appraisal roll for the | ||
district for the current tax year. If the board [ |
||
the [ |
||
maintenance, and contract tax rate that would impose more than 1.05 | ||
[ |
||
preceding year on a residence homestead appraised at the average | ||
appraised value of a residence homestead in the district in that | ||
year, disregarding any homestead exemption available only to | ||
disabled persons or persons 65 years of age or older, [ |
||
|
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must be held to determine whether [ |
||
tax rate adopted for the current year [ |
||
accordance with the procedures provided by Sections 26.08(b)-(d-2) | ||
[ |
||
(e) This subsection and Subsections (f)-(i) apply to a | ||
district only if there are any new improvements included in the | ||
appraisal roll for the district for the current tax year. If the | ||
board of the district adopts a combined debt service, operation and | ||
maintenance, and contract tax rate that would impose more than 1.05 | ||
times the amount of tax imposed by the district in the preceding | ||
year on a residence homestead appraised at the average appraised | ||
value of a residence homestead in the district in that year, | ||
disregarding any homestead exemption available only to disabled | ||
persons or persons 65 years of age or older, the qualified voters of | ||
the district by petition may require that an election be held to | ||
determine whether to ratify the tax rate adopted for the current | ||
year in accordance with the procedures provided by Subsections | ||
(f)-(i) of this section and Section 26.081, Tax Code. | ||
(f) A petition is valid only if: | ||
(1) it states that it is intended to require an | ||
election in the district on the question of ratifying the tax rate | ||
adopted for the current year; | ||
(2) it is signed by a number of registered voters of | ||
the district equal to at least: | ||
(A) seven percent of the number of registered | ||
voters of the district according to the most recent official list of | ||
registered voters if the tax rate adopted for the current tax year | ||
would impose taxes for operation and maintenance in an amount of at | ||
least $5 million; or | ||
(B) 10 percent of the number of registered voters | ||
of the district according to the most recent official list of | ||
registered voters if the tax rate adopted for the current tax year | ||
would impose taxes for operation and maintenance in an amount of | ||
less than $5 million; and | ||
(3) it is submitted to the board on or before the 90th | ||
day after the date on which the board adopted the tax rate for the | ||
current year. | ||
(g) Not later than the 20th day after the day a petition is | ||
submitted, the board shall determine whether or not the petition is | ||
valid and pass a resolution stating its finding. If the board fails | ||
to act within the time allowed, the petition is treated as if it had | ||
been found valid. | ||
(h) If the board finds that the petition is valid (or fails | ||
to act within the time allowed), it shall order that an election be | ||
held in the district on a date not less than 30 or more than 90 days | ||
after the last day on which it could have acted to approve or | ||
disapprove the petition. A state law requiring local elections to | ||
be held on a specified date does not apply to the election unless a | ||
specified date falls within the time permitted by this section. At | ||
the election, the ballots shall be prepared to permit voting for or | ||
against the proposition: "Approving the ad valorem tax rate of | ||
$____ per $100 valuation in (name of district) for the current year, | ||
a rate that is $____ higher per $100 valuation than the district's | ||
rollback tax rate, for the purpose of (description of purpose of | ||
increase)." The ballot proposition must include the adopted tax | ||
rate and the difference between that rate and the rollback tax rate | ||
in the appropriate places. | ||
(i) Sections 26.08(c), (d), (d-1), and (d-2), Tax Code, | ||
apply to an election under Subsection (e) of this section in the | ||
same manner as those subsections apply to an election under Section | ||
26.08, Tax Code. | ||
(j) For purposes of an election under Subsection (d) or (e), | ||
as applicable [ |
||
rollback tax rate of a district is the sum of the following tax | ||
rates: | ||
(1) the current year's debt service tax rate; | ||
(2) the current year's [ |
||
(3) [ |
||
rate that would impose 1.05 [ |
||
and maintenance tax imposed by the district in the preceding year on | ||
a residence homestead appraised at the average appraised value of a | ||
residence homestead in the district in that year, disregarding any | ||
homestead exemption available only to disabled persons or persons | ||
65 years of age or older. | ||
(k) Notwithstanding any other provision of this section, | ||
the board may substitute "eight percent" for "four percent" in | ||
Subsection (a) and "1.08" for "1.05" in Subsection (d) or (e), as | ||
applicable, and Subsection (j) if any part of the district is | ||
located in an area declared a disaster area during the current tax | ||
year by the governor or by the president of the United States. | ||
SECTION 61. The following provisions are repealed: | ||
(1) Sections 403.302(m-1) and (n), Government Code; | ||
(2) Section 140.010, Local Government Code; | ||
(3) Section 1063.255, Special District Local Laws | ||
Code; | ||
(4) Section 26.07, 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 62. The changes in law made by this Act relating to | ||
the ad valorem tax rate of a taxing unit apply beginning with the | ||
2018 tax year. | ||
SECTION 63. Sections 5.05, 5.102, 5.13, and 23.01, Tax | ||
Code, as amended by this Act, apply only to the appraisal of | ||
property for ad valorem tax purposes for a tax year beginning on or | ||
after January 1, 2018. | ||
SECTION 64. Section 6.03(a), Tax Code, as amended by this | ||
Act, does not affect the right of a person serving on the board of | ||
directors of an appraisal district on January 1, 2018, to complete | ||
the person's term on the board. | ||
SECTION 65. Section 6.41(d-9), Tax Code, as amended by this | ||
Act, and Section 6.41(d-10), Tax Code, as added by this Act, apply | ||
only to the appointment of appraisal review board members to terms | ||
beginning on or after January 1, 2019. | ||
SECTION 66. 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 67. Section 25.19(b-3), Tax Code, as added by this | ||
Act, applies only to a notice of appraised value for a tax year | ||
beginning on or after January 1, 2019. A notice of appraised value | ||
for a tax year beginning before January 1, 2019, is governed by the | ||
law in effect immediately before that date, and that law is | ||
continued in effect for that purpose. | ||
SECTION 68. Not later than October 1, 2017: | ||
(1) the designated officer or employee of each taxing | ||
unit shall submit to the county assessor-collector for each county | ||
in which all or part of the territory of the taxing unit is located | ||
the worksheets used by the designated officer or employee to | ||
calculate the effective and rollback tax rates of the unit for the | ||
2013-2017 tax years; and | ||
(2) the county assessor-collector for each county | ||
shall post the worksheets submitted to the county | ||
assessor-collector under Subdivision (1) of this section on the | ||
Internet website of the county. | ||
SECTION 69. 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. | ||
SECTION 70. 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 71. Section 41.71, Tax Code, as amended by this Act, | ||
applies only to a hearing on a protest under Chapter 41, Tax Code, | ||
that is scheduled on or after January 1, 2018. A hearing on a | ||
protest under Chapter 41, Tax Code, that is scheduled before | ||
January 1, 2018, is governed by the law in effect on the date the | ||
hearing was scheduled, and that law is continued in effect for that | ||
purpose. | ||
SECTION 72. Sections 41A.01, 41A.03, and 41A.06, Tax Code, | ||
as amended by this Act, apply only to a request for binding | ||
arbitration under Chapter 41A, Tax Code, that is filed on or after | ||
January 1, 2018. A request for binding arbitration under Chapter | ||
41A, Tax Code, that is filed before January 1, 2018, is governed by | ||
the law in effect on the date the request is filed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 73. (a) Except as provided by Subsections (b) and | ||
(c) of this section, this Act takes effect January 1, 2018. | ||
(b) Section 68 of this Act takes effect September 1, 2017. | ||
(c) 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 25.19(b-3), Tax Code, as added by this | ||
Act; | ||
(6) Section 41.44(d), Tax Code, as amended by this | ||
Act; | ||
(7) Section 41.45(d), Tax Code, as amended by this | ||
Act; | ||
(8) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, | ||
as added by this Act; | ||
(9) Section 41.66(k), Tax Code, as amended by this | ||
Act; and | ||
(10) Section 41.66(k-1), Tax Code, as added by this | ||
Act. | ||
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