1 | 1 | | By: Hinojosa S.B. No. 1510 |
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2 | 2 | | (Hilderbran) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the public notice required to be provided by certain |
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8 | 8 | | taxing units before adopting an ad valorem tax rate. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 140, Local Government Code, is amended |
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11 | 11 | | by adding Section 140.010 to read as follows: |
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12 | 12 | | Sec. 140.010. PROPOSED PROPERTY TAX RATE NOTICE FOR |
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13 | 13 | | COUNTIES AND MUNICIPALITIES. (a) In this section, "effective tax |
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14 | 14 | | rate" and "rollback tax rate" mean the effective tax rate and |
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15 | 15 | | rollback tax rate of a county or municipality, as applicable, as |
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16 | 16 | | calculated under Chapter 26, Tax Code. |
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17 | 17 | | (b) Except as provided by this subsection, each county and |
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18 | 18 | | municipality shall provide notice of the county's or municipality's |
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19 | 19 | | proposed property tax rate in the manner provided by this section. |
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20 | 20 | | A county or municipality to which Section 26.052, Tax Code, applies |
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21 | 21 | | may provide notice of the county's or municipality's proposed |
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22 | 22 | | property tax rate in the manner provided by this section or in the |
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23 | 23 | | manner provided by Section 26.052, Tax Code. |
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24 | 24 | | (c) A county or municipality that provides notice of the |
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25 | 25 | | county's or municipality's proposed property tax rate in the manner |
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26 | 26 | | provided by this section is exempt from the notice and publication |
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27 | 27 | | requirements of Sections 26.04(e), 26.052, and 26.06, Tax Code, as |
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28 | 28 | | applicable, and is not subject to an injunction for failure to |
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29 | 29 | | comply with those requirements. |
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30 | 30 | | (d) A county or municipality that proposes a property tax |
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31 | 31 | | rate that does not exceed the lower of the effective tax rate or the |
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32 | 32 | | rollback tax rate shall provide the following notice: |
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33 | 33 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
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34 | 34 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
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35 | 35 | | "A tax rate of $______ per $100 valuation has been proposed by the |
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36 | 36 | | governing body of (insert name of county or municipality). |
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37 | 37 | | PROPOSED TAX RATE $______ per $100 |
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38 | 38 | | PRECEDING YEAR'S TAX RATE $______ per $100 |
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39 | 39 | | EFFECTIVE TAX RATE $______ per $100 |
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40 | 40 | | "The effective tax rate is the total tax rate needed to raise the |
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41 | 41 | | same amount of property tax revenue for (insert name of county or |
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42 | 42 | | municipality) from the same properties in both the (insert ) from the same properties in both the (insert |
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43 | 43 | | preceding tax year) tax year and the (insert current tax year) tax ) tax year and the (insert current tax year) tax |
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44 | 44 | | year. |
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45 | 45 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
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46 | 46 | | FOLLOWS: |
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47 | 47 | | property tax amount = (rate) x (taxable value of your property) / |
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48 | 48 | | 100 |
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49 | 49 | | "For assistance or detailed information about tax calculations, |
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50 | 50 | | please contact: |
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51 | 51 | | (insert name of county or municipal tax assessor-collector) |
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52 | 52 | | (insert name of county or municipality) tax |
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53 | 53 | | assessor-collector |
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54 | 54 | | (insert address) |
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55 | 55 | | (insert telephone number) |
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56 | 56 | | (insert e-mail address) |
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57 | 57 | | (insert Internet website address, if applicable)" |
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58 | 58 | | (e) A county or municipality that proposes a property tax |
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59 | 59 | | rate that exceeds the lower of the effective tax rate or the |
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60 | 60 | | rollback tax rate shall provide the following notice: |
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61 | 61 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
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62 | 62 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
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63 | 63 | | "A tax rate of $_____ per $100 valuation has been proposed for |
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64 | 64 | | adoption by the governing body of (insert name of county or |
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65 | 65 | | municipality). This rate exceeds the lower of the effective or ). This rate exceeds the lower of the effective or |
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66 | 66 | | rollback tax rate, and state law requires that two public hearings |
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67 | 67 | | be held by the governing body before adopting the proposed tax rate. |
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68 | 68 | | PROPOSED TAX RATE $______ per $100 |
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69 | 69 | | PRECEDING YEAR'S TAX RATE $______ per $100 |
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70 | 70 | | EFFECTIVE TAX RATE $______ per $100 |
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71 | 71 | | ROLLBACK TAX RATE $______ per $100 |
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72 | 72 | | "The effective tax rate is the total tax rate needed to raise the |
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73 | 73 | | same amount of property tax revenue for (insert name of county or |
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74 | 74 | | municipality) from the same properties in both the (insert ) from the same properties in both the (insert |
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75 | 75 | | preceding tax year) tax year and the (insert current tax year) tax ) tax year and the (insert current tax year) tax |
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76 | 76 | | year. |
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77 | 77 | | "The rollback tax rate is the highest tax rate that (insert name of |
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78 | 78 | | county or municipality) may adopt before voters are entitled to ) may adopt before voters are entitled to |
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79 | 79 | | petition for an election to limit the rate that may be approved to |
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80 | 80 | | the rollback rate. |
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81 | 81 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
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82 | 82 | | FOLLOWS: |
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83 | 83 | | property tax amount = (rate) x (taxable value of your property) / |
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84 | 84 | | 100 |
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85 | 85 | | "For assistance or detailed information about tax calculations, |
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86 | 86 | | please contact: |
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87 | 87 | | (insert name of county or municipal tax assessor-collector) |
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88 | 88 | | (insert name of county or municipality) tax |
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89 | 89 | | assessor-collector |
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90 | 90 | | (insert address) |
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91 | 91 | | (insert telephone number) |
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92 | 92 | | (insert e-mail address) |
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93 | 93 | | (insert Internet website address, if applicable) |
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94 | 94 | | "You are urged to attend and express your views at the following |
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95 | 95 | | public hearings on the proposed tax rate: |
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96 | 96 | | First Hearing: (insert date and time) at (insert location of |
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97 | 97 | | meeting).). |
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98 | 98 | | Second Hearing: (insert date and time) at (insert location |
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99 | 99 | | of meeting).")." |
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100 | 100 | | (f) A county or municipality shall: |
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101 | 101 | | (1) provide the notice required by Subsection (d) or |
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102 | 102 | | (e), as applicable, not later than September 1 by: |
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103 | 103 | | (A) publishing the notice in a newspaper having |
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104 | 104 | | general circulation in: |
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105 | 105 | | (i) the county, in the case of notice |
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106 | 106 | | published by a county; or |
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107 | 107 | | (ii) the county in which the municipality |
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108 | 108 | | is located or primarily located, in the case of notice published by |
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109 | 109 | | a municipality; or |
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110 | 110 | | (B) mailing the notice to each property owner in: |
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111 | 111 | | (i) the county, in the case of notice |
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112 | 112 | | provided by a county; or |
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113 | 113 | | (ii) the municipality, in the case of |
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114 | 114 | | notice provided by a municipality; and |
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115 | 115 | | (2) post the notice on the Internet website of the |
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116 | 116 | | county or municipality, if applicable, beginning not later than |
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117 | 117 | | September 1 and continuing until the county or municipality adopts |
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118 | 118 | | a tax rate. |
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119 | 119 | | (g) If the notice required by Subsection (d) or (e) is |
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120 | 120 | | published in a newspaper: |
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121 | 121 | | (1) the notice may not be smaller than one-quarter |
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122 | 122 | | page of a standard-size or a tabloid-size newspaper; and |
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123 | 123 | | (2) the headline on the notice must be in 24-point or |
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124 | 124 | | larger type. |
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125 | 125 | | (h) A county or municipality that provides notice under this |
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126 | 126 | | section shall on request provide any information described by |
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127 | 127 | | Sections 26.04(e)(1)-(7), Tax Code, regarding the county or |
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128 | 128 | | municipality, as applicable. |
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129 | 129 | | SECTION 2. This Act applies only to an ad valorem tax year |
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130 | 130 | | that begins on or after the effective date of this Act. |
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131 | 131 | | SECTION 3. This Act takes effect January 1, 2014. |
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