Texas 2015 - 84th Regular

Texas Senate Bill SB1368 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Fraser S.B. No. 1368
2		-	(In the Senate - Filed March 12, 2015; March 18, 2015, read
3		-	first time and referred to Committee on Finance; April 14, 2015,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 13, Nays 0, 1 present not voting;
6		-	April 14, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1368 By: Bettencourt
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the provision of state aid to certain local governments
14	7		disproportionately affected by the granting of ad valorem tax
15	8		relief to disabled veterans.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Chapter 140, Local Government Code, is amended
18	11		by adding Section 140.011 to read as follows:
19	12		Sec. 140.011. LOCAL GOVERNMENTS DISPROPORTIONATELY
20	13		AFFECTED BY PROPERTY TAX RELIEF FOR DISABLED VETERANS. (a) In
21	14		this section:
22	15		(1) "General fund revenue" means revenue generated by
23	16		a local government from the following sources during a fiscal year
24	17		and deposited in the dedicated general operating fund of the local
25	18		government during that fiscal year:
26	19		(A) ad valorem taxes;
27	20		(B) sales and use taxes;
28	21		(C) franchise taxes, fees, or assessments
29	22		charged for use of the local government's right-of-way;
30	23		(D) building and development fees, including
31	24		permit and inspection fees;
32	25		(E) court fines and fees;
33	26		(F) other fees, assessments, and charges; and
34	27		(G) interest earned by the local government.
35	28		(2) "Local government" means:
36	29		(A) a municipality adjacent to a United States
37	30		military installation; and
38	31		(B) a county in which a United States military
39	32		installation is wholly or partly located.
40	33		(3) "Qualified local government" means a local
41	34		government entitled to a disabled veteran assistance payment under
42	35		this section.
43	36		(b) To serve the state purpose of ensuring that the cost of
44	37		providing ad valorem tax relief to disabled veterans is shared
45	38		equitably among the residents of this state, a local government is
46	39		entitled to a disabled veteran assistance payment from the state
47	40		for each fiscal year that the local government is a qualified local
48	41		government. A local government is a qualified local government for
49	42		a fiscal year if the amount of lost ad valorem tax revenue
50	43		calculated under Subsection (c) for that fiscal year is equal to or
51	44		greater than two percent of the local government's general fund
52	45		revenue for that fiscal year.
53	46		(c) For the purposes of this section, the amount of a local
54	47		government's lost ad valorem tax revenue for a fiscal year is
55	48		calculated by multiplying the ad valorem tax rate adopted by the
56	49		local government under Section 26.05, Tax Code, for the tax year in
57	50		which the fiscal year begins by the total appraised value of all
58	51		property located in the local government that is granted an
59	52		exemption from taxation under Section 11.131, Tax Code, for that
60	53		tax year.
61	54		(d) A disabled veteran assistance payment made to a
62	55		qualified local government for a fiscal year is calculated by
63	56		subtracting from the local government's lost ad valorem tax revenue
64	57		calculated under Subsection (c) for that fiscal year an amount
65	58		equal to one percent of the local government's general fund revenue
66	59		for that fiscal year.
67	60		(e) Not later than April 1 of the first year following the
68	61		end of a fiscal year for which a qualified local government is
69	62		entitled to a disabled veteran assistance payment, a qualified
70	63		local government may submit an application to the comptroller to
71	64		receive a disabled veteran assistance payment for that fiscal year.
72	65		The application must be made on a form prescribed by the
73	66		comptroller. The comptroller may require the qualified local
74	67		government to submit an independent audit otherwise required by law
75	68		to be prepared for the local government for the fiscal year for
76	69		which a qualified local government is entitled to the payment.
77	70		(f) A qualified local government that does not submit an
78	71		application to the comptroller by the date prescribed by Subsection
79	72		(e) is not entitled to a disabled veteran assistance payment for the
80	73		fiscal year for which that deadline applies.
81	74		(g) The comptroller shall review each application by a local
82	75		government to determine whether the local government is entitled to
83	76		a disabled veteran assistance payment. If the comptroller
84	77		determines that the local government is entitled to the payment,
85	78		the comptroller shall remit the payment from available funds to the
86	79		qualified local government not later than the 30th day after the
87	80		date the application for the payment is made.
88	81		SECTION 2. As soon as practicable, but not later than
89	82		December 1, 2015, the comptroller of public accounts shall develop
90	83		the disabled veteran assistance payment form required by Section
91	84		140.011(e), Local Government Code, as added by this Act.
92	85		SECTION 3. A local government that is a qualified local
93	86		government, as that term is defined by Section 140.011(a), Local
94	87		Government Code, as added by this Act, for a fiscal year that began
95	88		in the 2014 tax year is eligible to apply for a disabled veteran
96	89		assistance payment as prescribed by Section 140.011, Local
97	90		Government Code, for that fiscal year.
98	91		SECTION 4. This Act takes effect immediately if it receives
99	92		a vote of two-thirds of all the members elected to each house, as
100	93		provided by Section 39, Article III, Texas Constitution. If this
101	94		Act does not receive the vote necessary for immediate effect, this
102	95		Act takes effect September 1, 2015.
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