Texas 2013 - 83rd Regular

Texas Senate Bill SB1510 Compare Versions

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11 By: Hinojosa S.B. No. 1510
22 (Hilderbran)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the public notice required to be provided by certain
88 taxing units before adopting an ad valorem tax rate.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 140, Local Government Code, is amended
1111 by adding Section 140.010 to read as follows:
1212 Sec. 140.010. PROPOSED PROPERTY TAX RATE NOTICE FOR
1313 COUNTIES AND MUNICIPALITIES. (a) In this section, "effective tax
1414 rate" and "rollback tax rate" mean the effective tax rate and
1515 rollback tax rate of a county or municipality, as applicable, as
1616 calculated under Chapter 26, Tax Code.
1717 (b) Except as provided by this subsection, each county and
1818 municipality shall provide notice of the county's or municipality's
1919 proposed property tax rate in the manner provided by this section.
2020 A county or municipality to which Section 26.052, Tax Code, applies
2121 may provide notice of the county's or municipality's proposed
2222 property tax rate in the manner provided by this section or in the
2323 manner provided by Section 26.052, Tax Code.
2424 (c) A county or municipality that provides notice of the
2525 county's or municipality's proposed property tax rate in the manner
2626 provided by this section is exempt from the notice and publication
2727 requirements of Sections 26.04(e), 26.052, and 26.06, Tax Code, as
2828 applicable, and is not subject to an injunction for failure to
2929 comply with those requirements.
3030 (d) A county or municipality that proposes a property tax
3131 rate that does not exceed the lower of the effective tax rate or the
3232 rollback tax rate shall provide the following notice:
3333 "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
3434 RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
3535 "A tax rate of $______ per $100 valuation has been proposed by the
3636 governing body of (insert name of county or municipality).
3737 PROPOSED TAX RATE $______ per $100
3838 PRECEDING YEAR'S TAX RATE $______ per $100
3939 EFFECTIVE TAX RATE $______ per $100
4040 "The effective tax rate is the total tax rate needed to raise the
4141 same amount of property tax revenue for (insert name of county or
4242 municipality) from the same properties in both the (insert ) from the same properties in both the (insert
4343 preceding tax year) tax year and the (insert current tax year) tax ) tax year and the (insert current tax year) tax
4444 year.
4545 "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
4646 FOLLOWS:
4747 property tax amount = (rate) x (taxable value of your property) /
4848 100
4949 "For assistance or detailed information about tax calculations,
5050 please contact:
5151 (insert name of county or municipal tax assessor-collector)
5252 (insert name of county or municipality) tax
5353 assessor-collector
5454 (insert address)
5555 (insert telephone number)
5656 (insert e-mail address)
5757 (insert Internet website address, if applicable)"
5858 (e) A county or municipality that proposes a property tax
5959 rate that exceeds the lower of the effective tax rate or the
6060 rollback tax rate shall provide the following notice:
6161 "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
6262 RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
6363 "A tax rate of $_____ per $100 valuation has been proposed for
6464 adoption by the governing body of (insert name of county or
6565 municipality). This rate exceeds the lower of the effective or ). This rate exceeds the lower of the effective or
6666 rollback tax rate, and state law requires that two public hearings
6767 be held by the governing body before adopting the proposed tax rate.
6868 PROPOSED TAX RATE $______ per $100
6969 PRECEDING YEAR'S TAX RATE $______ per $100
7070 EFFECTIVE TAX RATE $______ per $100
7171 ROLLBACK TAX RATE $______ per $100
7272 "The effective tax rate is the total tax rate needed to raise the
7373 same amount of property tax revenue for (insert name of county or
7474 municipality) from the same properties in both the (insert ) from the same properties in both the (insert
7575 preceding tax year) tax year and the (insert current tax year) tax ) tax year and the (insert current tax year) tax
7676 year.
7777 "The rollback tax rate is the highest tax rate that (insert name of
7878 county or municipality) may adopt before voters are entitled to ) may adopt before voters are entitled to
7979 petition for an election to limit the rate that may be approved to
8080 the rollback rate.
8181 "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
8282 FOLLOWS:
8383 property tax amount = (rate) x (taxable value of your property) /
8484 100
8585 "For assistance or detailed information about tax calculations,
8686 please contact:
8787 (insert name of county or municipal tax assessor-collector)
8888 (insert name of county or municipality) tax
8989 assessor-collector
9090 (insert address)
9191 (insert telephone number)
9292 (insert e-mail address)
9393 (insert Internet website address, if applicable)
9494 "You are urged to attend and express your views at the following
9595 public hearings on the proposed tax rate:
9696 First Hearing: (insert date and time) at (insert location of
9797 meeting).).
9898 Second Hearing: (insert date and time) at (insert location
9999 of meeting).")."
100100 (f) A county or municipality shall:
101101 (1) provide the notice required by Subsection (d) or
102102 (e), as applicable, not later than September 1 by:
103103 (A) publishing the notice in a newspaper having
104104 general circulation in:
105105 (i) the county, in the case of notice
106106 published by a county; or
107107 (ii) the county in which the municipality
108108 is located or primarily located, in the case of notice published by
109109 a municipality; or
110110 (B) mailing the notice to each property owner in:
111111 (i) the county, in the case of notice
112112 provided by a county; or
113113 (ii) the municipality, in the case of
114114 notice provided by a municipality; and
115115 (2) post the notice on the Internet website of the
116116 county or municipality, if applicable, beginning not later than
117117 September 1 and continuing until the county or municipality adopts
118118 a tax rate.
119119 (g) If the notice required by Subsection (d) or (e) is
120120 published in a newspaper:
121121 (1) the notice may not be smaller than one-quarter
122122 page of a standard-size or a tabloid-size newspaper; and
123123 (2) the headline on the notice must be in 24-point or
124124 larger type.
125125 (h) A county or municipality that provides notice under this
126126 section shall on request provide any information described by
127127 Sections 26.04(e)(1)-(7), Tax Code, regarding the county or
128128 municipality, as applicable.
129129 SECTION 2. This Act applies only to an ad valorem tax year
130130 that begins on or after the effective date of this Act.
131131 SECTION 3. This Act takes effect January 1, 2014.