Bill Text: TX SB600 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to voter approval of a proposed ad valorem tax rate that exceeds the rollback tax rate, including the date for holding the election to approve the tax rate; making conforming changes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-02-21 - Referred to Property Tax [SB600 Detail]

Download: Texas-2019-SB600-Introduced.html

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86R1265 SMH-D
By: Buckingham S.B. No. 600

A BILL TO BE ENTITLED
AN ACT
relating to voter approval of a proposed ad valorem tax rate that
exceeds the rollback tax rate, including the date for holding the
election to approve the tax rate; making conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.4391(a), Tax Code, is amended to read
as follows:
(a) The chief appraiser shall accept and approve or deny an
application for an exemption for freeport goods under Section
11.251 after the deadline for filing it has passed if it is filed
not later than June 1 [15].
SECTION 2. Sections 22.23(a) and (b), Tax Code, are amended
to read as follows:
(a) Rendition statements and property reports must be
delivered to the chief appraiser after January 1 and not later than
April 1 [15], except as provided by 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 a date not later than May 1 [15]. The chief
appraiser may further extend the deadline an additional 15 days
upon good cause shown in writing by the property owner.
SECTION 3. Sections 25.19(a) and (g), Tax Code, are amended
to read as follows:
(a) By April 15 [1] or as soon thereafter as practicable [if
the property is a single-family residence that qualifies for an
exemption under Section 11.13, or by May 1 or as soon thereafter as
practicable in connection with any other property], the chief
appraiser shall deliver a 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.
(g) By April 15 [1] or as soon thereafter as practicable [if
the property is a single-family residence that qualifies for an
exemption under Section 11.13, or by May 1 or as soon thereafter as
practicable in connection with any other property], the chief
appraiser shall deliver a written notice to the owner of each
property not included in a notice required to be delivered under
Subsection (a), if the property was reappraised in the current tax
year, if the ownership of the property changed during the preceding
year, or if the property owner or the agent of a property owner
authorized under Section 1.111 makes a written request for the
notice. The chief appraiser shall separate real from personal
property and include in the notice for each property:
(1) the appraised value of the property in the
preceding year;
(2) the appraised value of the property for the
current year and the kind of each partial exemption, if any,
approved for the current year;
(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 4. Section 25.22(a), Tax Code, is amended to read as
follows:
(a) By May 1 [15] or as soon thereafter as practicable, the
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 5. Sections 26.01(a) and (e), Tax Code, are amended
to read as follows:
(a) By July 10 [25], the chief appraiser shall prepare and
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
15 [April 30], the chief appraiser shall prepare and certify to the
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 6. Sections 26.04(b) and (e), Tax Code, are amended
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 [August 1] or as soon
thereafter as practicable. By July 15 [August 1] or as soon
thereafter as practicable, the taxing unit's collector shall
certify [an estimate of] the anticipated collection rate for the
current year to the governing body. If the collector certified an
anticipated collection rate in the preceding year and the actual
collection rate in that year exceeded the anticipated rate, the
collector shall also certify the amount of debt taxes collected in
excess of the anticipated amount in the preceding year.
(e) By July 22 [August 7] or as soon thereafter as
practicable, the designated officer or employee shall submit the
rates to the governing body. By July 27, the designated officer or
employee [He] shall deliver by mail to each property owner in the
unit or publish in a newspaper in the form prescribed by the
comptroller:
(1) the effective tax rate, the rollback tax rate, and
an explanation of how they were calculated;
(2) the estimated amount of interest and sinking fund
balances and the estimated amount of maintenance and operation or
general fund balances remaining at the end of the current fiscal
year that are not encumbered with or by corresponding existing debt
obligation;
(3) a schedule of the unit's debt obligations showing:
(A) the amount of principal and interest that
will be paid to service the unit's debts in the next year from
property tax revenue, including payments of lawfully incurred
contractual obligations providing security for the payment of the
principal of and interest on bonds and other evidences of
indebtedness issued on behalf of the unit by another political
subdivision and, if the unit is created under Section 52, Article
III, or Section 59, Article XVI, Texas Constitution, payments on
debts that the unit anticipates to incur in the next calendar year;
(B) the amount by which taxes imposed for debt
are to be increased because of the unit's anticipated collection
rate; and
(C) the total of the amounts listed in Paragraphs
(A)-(B), less any amount collected in excess of the previous year's
anticipated collections certified as provided in Subsection (b);
(4) the amount of additional sales and use tax revenue
anticipated in calculations under Section 26.041;
(5) a statement that the adoption of a tax rate equal
to the effective tax rate would result in an increase or decrease,
as applicable, in the amount of taxes imposed by the unit as
compared to last year's levy, and the amount of the increase or
decrease;
(6) in the year that a taxing unit calculates an
adjustment under Subsection (i) or (j), a schedule that includes
the following elements:
(A) the name of the unit discontinuing the
department, function, or activity;
(B) the amount of property tax revenue spent by
the unit listed under Paragraph (A) to operate the discontinued
department, function, or activity in the 12 months preceding the
month in which the calculations required by this chapter are made;
and
(C) the name of the unit that operates a distinct
department, function, or activity in all or a majority of the
territory of a taxing unit that has discontinued operating the
distinct department, function, or activity; and
(7) in the year following the year in which a taxing
unit raised its rollback tax rate as required by Subsection (j), a
schedule that includes the following elements:
(A) the amount of property tax revenue spent by
the unit to operate the department, function, or activity for which
the taxing unit raised the rollback tax rate as required by
Subsection (j) for the 12 months preceding the month in which the
calculations required by this chapter are made; and
(B) the amount published by the unit in the
preceding tax year under Subdivision (6)(B).
SECTION 7. Section 26.05(a), Tax Code, is amended to read as
follows:
(a) The governing body of each taxing unit[, before the
later of September 30 or the 60th day after the date the certified
appraisal roll is received by the taxing unit,] shall adopt a tax
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.
SECTION 8. Section 26.06(e), Tax Code, is amended to read as
follows:
(e) The meeting to vote on the tax increase may not be
earlier than the third day or later than the seventh [14th] day
after the date of the second public hearing. The meeting must be
held inside the boundaries of the taxing unit in a publicly owned
building or, if a suitable publicly owned building is not
available, in a suitable building to which the public normally has
access. If the governing body does not adopt a tax rate that
exceeds the lower of the rollback tax rate or the effective tax rate
by the seventh [14th] day, it must give a new notice under
Subsection (d) before it may adopt a rate that exceeds the lower of
the rollback tax rate or the effective tax rate.
SECTION 9. The heading to Section 26.08, Tax Code, is
amended to read as follows:
Sec. 26.08. ELECTION TO RATIFY TAX RATE [SCHOOL TAXES].
SECTION 10. Section 26.08, Tax Code, is amended by amending
Subsections (a), (b), (d), (d-1), (d-2), (e), and (h) and adding
Subsection (r) to read as follows:
(a) If the governing body of a taxing unit [school district]
adopts a tax rate that exceeds the taxing unit's [district's]
rollback tax rate, the registered voters of the taxing unit
[district] at an election held for that purpose must determine
whether to approve the adopted tax rate. When increased
expenditure of money by a taxing unit [school district] is
necessary to respond to a disaster, including a tornado, hurricane,
flood, or other calamity, but not including a drought, that has
impacted the taxing unit [a school district] and the governor has
requested federal disaster assistance for the area in which the
taxing unit [school district] is located, an election is not
required under this section to approve the tax rate adopted by the
governing body for the year following the year in which the disaster
occurs.
(b) The governing body shall order that the election be held
in the taxing unit [school district] on the uniform election date
prescribed by [a date not less than 30 or more than 90 days after the
day on which it adopted the tax rate.] Section 41.001, Election
Code, that occurs in November of the applicable tax year. The order
calling the election may not be issued later than August 15 [does
not apply to the election unless a date specified by that section
falls within the time permitted by this section]. At the election,
the ballots shall be prepared to permit voting for or against the
proposition: "Approving the ad valorem tax rate of $_____ per $100
valuation in (name of taxing unit [school district]) for the
current year, a rate that is $_____ higher per $100 valuation than
the [school district] rollback tax rate of (name of taxing unit),
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 [school district] for the current year that exceeds the
taxing unit's [school district's] rollback tax rate.
(d-1) If, after tax bills for the taxing unit [school
district] have been mailed, a proposition to approve the taxing
unit's [school district's] adopted tax rate is not approved by the
voters of the taxing unit [district] at an election held under this
section, on subsequent adoption of a new tax rate by the governing
body of the taxing unit [district], the assessor for the taxing unit
[school] shall prepare and mail corrected tax bills. The assessor
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 [school district]
and the proposition to approve the adopted tax rate is not approved
by the voters, the taxing unit [school district] shall refund the
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 [school district] shall refund the difference on request of
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] school district. However,
the funds dedicated to the junior college district are subject to
Section 26.085.
(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 [the]
district is a participant, shall be eliminated from the calculation
of the tax rate adopted by the governing body of the school
district.
(r) Except as otherwise expressly provided by law, this
section does not apply to a tax imposed by a taxing unit if a
provision of an uncodified local or special law enacted by the 86th
Legislature, Regular Session, 2019, or by an earlier legislature
provides that former Section 26.07 does not apply to a tax imposed
by the taxing unit.
SECTION 11. Section 26.16(d), Tax Code, is amended to read
as follows:
(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 effective tax rate is the tax rate that would generate
the same amount of revenue in the current tax year as was generated
by a taxing unit's adopted tax rate in the preceding tax year from
property that is taxable in both the current tax year and the
preceding tax year.
"The effective maintenance and operations rate is the tax
rate that would generate the same amount of revenue for maintenance
and operations in the current tax year as was generated by a taxing
unit's maintenance and operations rate in the preceding tax year
from property that is taxable in both the current tax year and the
preceding tax year.
"The rollback tax rate is the highest tax rate a taxing unit
may adopt before requiring voter approval at an election. An [In
the case of a taxing unit other than a school district, the voters
by petition may require that a rollback election be held if the unit
adopts a tax rate in excess of the unit's rollback tax rate. In the
case of a school district, an] election will automatically be held
if a taxing unit [the district] wishes to adopt a tax rate in excess
of the unit's [district's] rollback tax rate."
SECTION 12. 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) [26.07(g)], 26.15(f), 31.11, 31.111, or 31.112 is paid
on or 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)
[26.07(g)], on the date the results of the election to reduce the
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;
(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; or
(6) if the refund is required by Section 31.112, on the
date required by Section 31.112(d) or (e), as applicable.
SECTION 13. 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) [26.07(f)], 26.15(e), 31.03, 31.031, 31.032,
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 14. Section 41.12(a), Tax Code, is amended to read
as follows:
(a) By July 5 [20], the appraisal review board shall:
(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 15. 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 [of this code] was authorized by [Subsection (e)
of] Section 45.105(e) or under former Section 20.48(e) [20.48 of
this code] to dedicate a portion of its tax levy to the junior
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 [Subsection (e) of]
Section 45.105(e) or former Section 20.48(e) [20.48 of this code]
in the last dedication before the divestment. In subsequent years,
the tax rate of the junior college district is subject to Section
26.08 [26.07], Tax Code.
SECTION 16. 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 [a rollback
election under] Section 26.08 [26.07], Tax Code. The board shall
adopt the tax rate as provided by Chapter 26, Tax Code.
(e) If the proposition is not approved as provided by
Subsection (d) [(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 [26.07], Tax Code, applies to the
adopted rate if that rate exceeds the district's rollback tax rate.
SECTION 17. Section 140.010(e), Local Government Code, is
amended to read as follows:
(e) A county or municipality that proposes a property tax
rate that exceeds the lower of the effective tax rate or the
rollback tax rate shall provide the following notice:
"NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
"A tax rate of $_____ per $100 valuation has been proposed for
adoption by the governing body of (insert name of county or
municipality). This rate exceeds the lower of the effective or
rollback tax rate, and state law requires that two public hearings
be held by the governing body before adopting the proposed tax
rate. The governing body of (insert name of county or
municipality) proposes to use revenue attributable to the tax rate
increase for the purpose of (description of purpose of increase).
PROPOSED TAX RATE$______ per $100
PRECEDING YEAR'S TAX RATE$______ per $100
EFFECTIVE TAX RATE$______ per $100
ROLLBACK TAX RATE$______ per $100
"The effective tax rate is the total tax rate needed to raise the
same amount of property tax revenue for (insert name of county or
municipality) from the same properties in both the (insert
preceding tax year) tax year and the (insert current tax year) tax
year.
"The rollback tax rate is the highest tax rate that (insert name of
county or municipality) may adopt without holding [before voters
are entitled to petition for] an election to ratify [limit] the rate
[that may be approved to the rollback rate].
"YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
FOLLOWS:
property tax amount = (rate) x (taxable value of your property) /
100
"For assistance or detailed information about tax calculations,
please contact:
(insert name of county or municipal tax assessor-collector)
(insert name of county or municipality) tax
assessor-collector
(insert address)
(insert telephone number)
(insert e-mail address)
(insert Internet website address, if applicable)
"You are urged to attend and express your views at the following
public hearings on the proposed tax rate:
First Hearing: (insert date and time) at (insert location of
meeting).
Second Hearing: (insert date and time) at (insert location
of meeting)."
SECTION 18. Section 1101.254(f), Special District Local
Laws Code, is amended to read as follows:
(f) This section does not affect the applicability of [any
rights district voters may have to petition for an election under]
Section 26.08 [26.07], Tax Code, to the district's tax rate, except
that if district voters approve a tax rate increase under this
section, [the voters may not petition for an election under]
Section 26.08 [26.07], Tax Code, does not apply [as] to the tax rate
for that year.
SECTION 19. 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.
[(a)] If in any year the board adopts a tax rate that exceeds the
rollback tax rate calculated as provided by Chapter 26, Tax Code,
[the qualified voters of the district by petition may require that]
an election under Section 26.08 of that code must be held to
determine whether or not to approve [reduce] the tax rate adopted by
the board for that year [to the rollback tax rate].
[(b) To the extent a conflict exists between this section
and a provision of the Tax Code, the provision of the Tax Code
prevails.]
Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. Sections 26.04, 26.05, and 26.08 [26.07], Tax Code, do
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, and 26.08 [26.07], Tax Code, do
not apply to a tax imposed by the district.
(b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236],
Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
78th Legislature, Regular Session, 2003, applies] to the district.
SECTION 20. Section 49.107(g), Water Code, is amended to
read as follows:
(g) Sections 26.04, 26.05, and 26.08 [26.07], Tax 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 21. Section 49.108(f), Water Code, is amended to
read as follows:
(f) Sections 26.04, 26.05, and 26.08 [26.07], Tax Code, do
not apply to a tax levied and collected for payments made under a
contract approved in accordance with this section.
SECTION 22. Sections 49.236(a) and (d), Water Code, as
added by Chapter 335 (S.B. 392), Acts of the 78th Legislature,
Regular Session, 2003, are amended to read as follows:
(a) Before the board adopts an ad valorem tax rate for the
district for debt service, operation and maintenance purposes, or
contract purposes, the board shall give notice of each meeting of
the board at which the adoption of a tax rate will be considered.
The notice must:
(1) contain a statement in substantially the following
form:
"NOTICE OF PUBLIC HEARING ON TAX RATE
"The (name of the district) will hold a public hearing on a
proposed tax rate for the tax year (year of tax levy) on (date and
time) at (meeting place). Your individual taxes may increase or
decrease, depending on the change in the taxable value of your
property in relation to the change in taxable value of all other
property and the tax rate that is adopted.
"(Names of all board members and, if a vote was taken, an
indication of how each voted on the proposed tax rate and an
indication of any absences.)";
(2) contain the following information:
(A) the district's total adopted tax rate for the
preceding year and the proposed tax rate, expressed as an amount per
$100;
(B) the difference, expressed as an amount per
$100 and as a percent increase or decrease, as applicable, in the
proposed tax rate compared to the adopted tax rate for the preceding
year;
(C) the average appraised value of a residence
homestead in the district in the preceding year and in the current
year; the district's total homestead exemption, other than an
exemption available only to disabled persons or persons 65 years of
age or older, applicable to that appraised value in each of those
years; and the average taxable value of a residence homestead in the
district in each of those years, disregarding any homestead
exemption available only to disabled persons or persons 65 years of
age or older;
(D) the amount of tax that would have been
imposed by the district in the preceding year on a residence
homestead appraised at the average appraised value of a residence
homestead in that year, disregarding any homestead exemption
available only to disabled persons or persons 65 years of age or
older;
(E) the amount of tax that would be imposed by the
district in the current year on a residence homestead appraised at
the average appraised value of a residence homestead in that year,
disregarding any homestead exemption available only to disabled
persons or persons 65 years of age or older, if the proposed tax
rate is adopted; [and]
(F) the difference between the amounts of tax
calculated under Paragraphs (D) and (E), expressed in dollars and
cents and described as the annual percentage increase or decrease,
as applicable, in the tax to be imposed by the district on the
average residence homestead in the district in the current year if
the proposed tax rate is adopted; and
(G) if the proposed combined debt service,
operation and maintenance, and contract tax rate exceeds the
rollback tax rate, a description of the purpose of the proposed tax
increase; and
(3) contain a statement in substantially the following
form:
"NOTICE OF VOTE ON TAX RATE [TAXPAYERS' RIGHT TO ROLLBACK ELECTION]
"If operation and maintenance taxes on the average residence
homestead increase by more than eight percent, [the qualified
voters of the district by petition may require that] an election
must be held to determine whether to ratify [reduce] the operation
and maintenance tax rate [to the rollback tax rate] under Section
49.236(d), Water Code."
(d) If the governing body of a district adopts a combined
debt service, operation and maintenance, and contract tax rate that
exceeds the rollback tax rate, [would impose more than 1.08 times
the amount of tax imposed by the district in the preceding year on a
residence homestead appraised at the average appraised value of a
residence homestead in the district in that year, disregarding any
homestead exemption available only to disabled persons or persons
65 years of age or older, the qualified voters of the district by
petition may require that] an election must be held to determine
whether [or not] to ratify [reduce] the tax rate adopted for the
current year [to the rollback tax rate] in accordance with the
procedures provided by Sections 26.08(b)-(d) [26.07(b)-(g) and
26.081], Tax Code. For purposes of Sections 26.08(b)-(d), Tax
Code, [26.07(b)-(g)] and this section [subsection], the rollback
tax rate is the sum of the following tax rates:
(1) the current year's debt service tax rate;
(2) the current year's [and] contract tax rate; and
(3) [rates plus] the operation and maintenance tax
rate that would impose 1.08 times the amount of the operation and
maintenance tax imposed by the district in the preceding year on a
residence homestead appraised at the average appraised value of a
residence homestead in the district in that year, disregarding any
homestead exemption available only to disabled persons or persons
65 years of age or older.
SECTION 23. Section 6B(f), Chapter 1472, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(f) The district may provide that payments required by any
of the district's contracts, agreements, or leases may be payable
from the sale of notes, taxes, or bonds, or any combination of
notes, taxes, or bonds, or may be secured by a lien on or a pledge of
any available funds, including proceeds of the district's
maintenance tax, and may be payable subject to annual appropriation
by the district. The district may pledge to impose and may impose a
maintenance tax in an amount sufficient to comply with the
district's obligations under the district's contracts, leases, and
agreements at a maximum aggregate rate not to exceed 10 cents for
each $100 valuation of taxable property in the district. Sections
26.012, 26.04, 26.05, and 26.08 [26.07, and 26.012], Tax Code, do
not apply to maintenance taxes levied and collected for payments
under a contract, agreement, lease, time warrant, or maintenance
note issued or executed under this section.
SECTION 24. The following provisions are repealed:
(1) Section 1063.255, Special District Local Laws
Code;
(2) Section 22.23(c), Tax Code;
(3) Section 26.07, Tax Code;
(4) Section 49.236, Water Code, as added by Chapter
248 (H.B. 1541), Acts of the 78th Legislature, Regular Session,
2003; and
(5) Section 49.2361, Water Code.
SECTION 25. The change in law made by this Act applies to
the ad valorem tax rate of a taxing unit beginning with the 2020 tax
year.
SECTION 26. Sections 11.4391(a) and 22.23(a) and (b), Tax
Code, as amended by this Act, apply only to ad valorem taxes imposed
for a tax year beginning on or after January 1, 2020.
SECTION 27. Section 33.08(b), Tax Code, as amended by this
Act, applies only to taxes that become delinquent on or after
January 1, 2020. Taxes that become delinquent before that date are
governed by the law as it existed immediately before that date, and
that law is continued in effect for that purpose.
SECTION 28. This Act takes effect January 1, 2020.