Texas 2009 - 81st Regular

Texas House Bill HB4413 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11495 JD-D
2	2	By: Taylor H.B. No. 4413
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the required notice of a public hearing on the adoption
8	8	of an ad valorem tax rate by the governing body of a taxing unit.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 26.05(d), Tax Code, is amended to read as
11	11	follows:
12	12	(d) The governing body of a taxing unit other than a school
13	13	district may not adopt a tax rate that exceeds the [lower of the
14	14	rollback tax rate or the] effective tax rate calculated as provided
15	15	by this chapter until the governing body has held two public
16	16	hearings on the proposed tax rate and has otherwise complied with
17	17	Section 26.06 and Section 26.065. The governing body of a taxing
18	18	unit shall reduce a tax rate set by law or by vote of the electorate
19	19	to the lower of the rollback tax rate or the effective tax rate and
20	20	may not adopt a higher rate unless it first complies with Section
21	21	26.06.
22	22	SECTION 2. Section 26.06(b), Tax Code, is amended to read as
23	23	follows:
24	24	(b) The notice of a public hearing may not be smaller than
25	25	one-quarter page of a standard-size or a tabloid-size newspaper,
26	26	and the headline on the notice must be in 24-point or larger type.
27	27	The notice must contain a statement in the following form:
28	28	"NOTICE OF PUBLIC HEARING ON TAX INCREASE
29	29	"The (name of the taxing unit) will hold two public hearings
30	30	on a proposal to increase total tax revenues from properties on the
31	31	tax roll in the preceding tax year by (percentage by which proposed
32	32	tax rate exceeds [lower of rollback tax rate or] effective tax rate
33	33	calculated under this chapter) percent. Your individual taxes may
34	34	increase at a greater or lesser rate, or even decrease, depending on
35	35	the change in the taxable value of your property in relation to the
36	36	change in taxable value of all other property and the tax rate that
37	37	is adopted.
38	38	"The first public hearing will be held on (date and time) at
39	39	(meeting place).
40	40	"The second public hearing will be held on (date and time) at
41	41	(meeting place).
42	42	"(Names of all members of the governing body, showing how
43	43	each voted on the proposal to consider the tax increase or, if one
44	44	or more were absent, indicating the absences.)
45	45	["The average taxable value of a residence homestead in (name
46	46	of taxing unit) last year was $ (average taxable value of a
47	47	residence homestead in the taxing unit for the preceding tax year,
48	48	disregarding residence homestead exemptions available only to
49	49	disabled persons or persons 65 years of age or older). Based on
50	50	last year's tax rate of $ (preceding year's adopted tax rate) per
51	51	$100 of taxable value, the amount of taxes imposed last year on the
52	52	average home was $ (tax on average taxable value of a residence
53	53	homestead in the taxing unit for the preceding tax year,
54	54	disregarding residence homestead exemptions available only to
55	55	disabled persons or persons 65 years of age or older).
56	56	["The average taxable value of a residence homestead in (name
57	57	of taxing unit) this year is $ (average taxable value of a
58	58	residence homestead in the taxing unit for the current tax year,
59	59	disregarding residence homestead exemptions available only to
60	60	disabled persons or persons 65 years of age or older). If the
61	61	governing body adopts the effective tax rate for this year of
62	62	$ (effective tax rate) per $100 of taxable value, the amount of
63	63	taxes imposed this year on the average home would be $ (tax on
64	64	average taxable value of a residence homestead in the taxing unit
65	65	for the current tax year, disregarding residence homestead
66	66	exemptions available only to disabled persons or persons 65 years
67	67	of age or older).
68	68	["If the governing body adopts the proposed tax rate of
69	69	$ (proposed tax rate) per $100 of taxable value, the amount of
70	70	taxes imposed this year on the average home would be $ (tax on
71	71	the average taxable value of a residence in the taxing unit for the
72	72	current year disregarding residence homestead exemptions available
73	73	only to disabled persons or persons 65 years of age or older).]
74	74	"Members of the public are encouraged to attend the hearings
75	75	and express their views."
76	76	SECTION 3. Section 26.06(d), Tax Code, as amended by
77	77	Chapters 1105 (H.B. 3495) and 1112 (H.B. 3630), Acts of the 80th
78	78	Legislature, Regular Session, 2007, is reenacted and amended to
79	79	read as follows:
80	80	(d) At the public hearings the governing body shall announce
81	81	the date, time, and place of the meeting at which it will vote on the
82	82	proposed tax rate. After each hearing the governing body shall give
83	83	notice of the meeting at which it will vote on the proposed tax rate
84	84	and the notice shall be in the same form as prescribed by
85	85	Subsections (b) and (c), except that it must state the following:
86	86	"NOTICE OF TAX REVENUE INCREASE
87	87	"The (name of the taxing unit) conducted public hearings on
88	88	(date of first hearing) and (date of second hearing) on a proposal
89	89	to increase the total tax revenues of the (name of the taxing unit)
90	90	from properties on the tax roll in the preceding year by (percentage
91	91	by which proposed tax rate exceeds [lower of rollback tax rate or]
92	92	effective tax rate calculated under this chapter) percent.
93	93	["The total tax revenue proposed to be raised last year at
94	94	last year's tax rate of (insert tax rate for the preceding year) for
95	95	each $100 of taxable value was (insert total amount of taxes imposed
96	96	in the preceding year).
97	97	["The total tax revenue proposed to be raised this year at the
98	98	proposed tax rate of (insert proposed tax rate) for each $100 of
99	99	taxable value, excluding tax revenue to be raised from new property
100	100	added to the tax roll this year, is (insert amount computed by
101	101	multiplying proposed tax rate by the difference between current
102	102	total value and new property value).]
103	103	"The total tax revenue proposed to be raised this year at the
104	104	proposed tax rate of (insert proposed tax rate) for each $100 of
105	105	taxable value, including tax revenue to be raised from new property
106	106	added to the tax roll this year, is (insert amount computed by
107	107	multiplying proposed tax rate by current total value).
108	108	"The amount of the interest and sinking fund balances of the
109	109	(name of taxing unit) at the end of the preceding two tax years were
110	110	$ for (preceding tax year) and $ for
111	111	(year before preceding tax year).
112	112	"The amount of the general fund balances of the (name of
113	113	taxing unit) at the end of the preceding two tax years were
114	114	$ for (preceding tax year) and $ for
115	115	(year before preceding tax year).
116	116	"The amount of the interest and sinking fund balance of the
117	117	(name of taxing unit) at the end of the current tax year is
118	118	estimated to be $ .
119	119	"The amount of the general fund balance of the (name of taxing
120	120	unit) at the end of the current tax year is estimated to be
121	121	$ .
122	122	"The (governing body of the taxing unit) is scheduled to vote
123	123	on the tax rate that will result in that tax increase at a public
124	124	meeting to be held on (date of meeting) at (location of meeting,
125	125	including mailing address) at (time of meeting)."
126	126	SECTION 4. To the extent of any conflict, this Act prevails
127	127	over another Act of the 81st Legislature, Regular Session, 2009,
128	128	relating to nonsubstantive additions to and corrections in enacted
129	129	codes.
130	130	SECTION 5. This Act applies only to an ad valorem tax year
131	131	that begins on or after the effective date of this Act.
132	132	SECTION 6. This Act takes effect January 1, 2010.