Texas 2017 - 85th Regular

Texas Senate Bill SB2 Compare Versions

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1+85R30383 SMH-F
12 By: Bettencourt, et al. S.B. No. 2
2- (In the Senate - Filed November 29, 2016; January 24, 2017,
3- read first time and referred to Committee on Finance;
4- March 16, 2017, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 9, Nays 5; March 16, 2017,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 2 By: Bettencourt
3+ (Bonnen of Brazoria)
4+ Substitute the following for S.B. No. 2: No.
95
106
117 A BILL TO BE ENTITLED
128 AN ACT
13- relating to ad valorem taxation.
9+ relating to the administration of the ad valorem tax system.
1410 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15- SECTION 1. This Act may be cited as the Texas Property Tax
16- Reform and Relief Act of 2017.
17- SECTION 2. Chapter 5, Tax Code, is amended by adding Section
18- 5.01 to read as follows:
19- Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD.
20- (a) The comptroller shall appoint the property tax administration
21- advisory board to advise the comptroller with respect to the
22- division or divisions within the office of the comptroller with
23- primary responsibility for state administration of property
24- taxation and state oversight of appraisal districts and local tax
25- offices. The advisory board may make recommendations to the
26- comptroller regarding improving the effectiveness and efficiency
27- of the property tax system, best practices, and complaint
28- resolution procedures.
29- (b) The advisory board is composed of at least six members
30- appointed by the comptroller. The members of the board should
31- include:
32- (1) representatives of property tax payers, appraisal
33- districts, and school districts; and
34- (2) a person who has knowledge or experience in
35- conducting ratio studies.
36- (c) The members of the advisory board serve at the pleasure
37- of the comptroller.
38- (d) Any advice to the comptroller relating to a matter
39- described by Subsection (a) that is provided by a member of the
40- advisory board must be provided at a meeting called by the
41- comptroller.
42- (e) Chapter 2110, Government Code, does not apply to the
43- advisory board.
44- SECTION 3. Section 5.05, Tax Code, is amended by adding
45- Subsection (c-1) to read as follows:
46- (c-1) An appraisal district shall appraise property in
47- accordance with any appraisal manuals prepared and issued by the
48- comptroller under this section.
49- SECTION 4. Sections 5.102(a) and (c), Tax Code, are amended
50- to read as follows:
51- (a) At least once every two years, the comptroller shall
52- review the governance of each appraisal district, taxpayer
53- assistance provided, and the operating and appraisal standards,
54- procedures, and methodology used by each appraisal district, to
55- determine compliance with generally accepted standards,
56- procedures, and methodology, including compliance with standards,
57- procedures, and methodology prescribed by appraisal manuals
58- prepared and issued by the comptroller. After consultation with
59- the property tax administration advisory board [committee created
60- under Section 403.302, Government Code], the comptroller by rule
61- may establish procedures and standards for conducting and scoring
62- the review.
63- (c) At the conclusion of the review, the comptroller shall,
64- in writing, notify the appraisal district concerning its
65- performance in the review. If the review results in a finding that
66- an appraisal district is not in compliance with generally accepted
67- standards, procedures, and methodology, including compliance with
68- standards, procedures, and methodology prescribed by appraisal
69- manuals prepared and issued by the comptroller, the comptroller
70- shall deliver a report that details the comptroller's findings and
71- recommendations for improvement to:
72- (1) the appraisal district's chief appraiser and board
73- of directors; and
74- (2) the superintendent and board of trustees of each
75- school district participating in the appraisal district.
76- SECTION 5. Section 5.13(d), Tax Code, is amended to read as
11+ SECTION 1. This Act may be cited as the Property Tax Payer
12+ Empowerment Act of 2017.
13+ SECTION 2. Section 5.07, Tax Code, is amended by adding
14+ Subsections (f), (g), (h), and (i) to read as follows:
15+ (f) The comptroller shall prescribe tax rate calculation
16+ forms to be used by the designated officer or employee of each:
17+ (1) taxing unit other than a school district to
18+ calculate and submit the no-new-revenue tax rate and the rollback
19+ tax rate for the unit as required by Chapter 26; and
20+ (2) school district to calculate and submit the
21+ no-new-revenue tax rate, the rollback tax rate, and the rate to
22+ maintain the same amount of state and local revenue per weighted
23+ student that the district received in the school year beginning in
24+ the preceding tax year as required by Chapter 26.
25+ (g) The forms described by Subsection (f) must be in an
26+ electronic format and:
27+ (1) have blanks that can be filled in electronically;
28+ (2) be capable of being certified by the designated
29+ officer or employee after completion as accurately calculating the
30+ applicable tax rates and using values that are the same as the
31+ values shown in the taxing unit's certified appraisal roll; and
32+ (3) be capable of being submitted electronically to
33+ the chief appraiser of each appraisal district in which the taxing
34+ unit is located.
35+ (h) For purposes of Subsections (f) and (g), the comptroller
36+ shall use the forms published on the comptroller's Internet website
37+ as of January 1, 2017, as modified as necessary to comply with the
38+ requirements of those subsections. The forms may be updated at the
39+ discretion of the comptroller to reflect any statutory change in
40+ the values used to calculate a tax rate or to reflect formatting or
41+ other nonsubstantive changes.
42+ (i) The comptroller may revise the forms to reflect
43+ statutory changes other than those described by Subsection (h) or
44+ on receipt of a request in writing. A revision under this
45+ subsection must be approved by the agreement of a majority of the
46+ members of a committee selected by the comptroller who are present
47+ at a committee meeting at which a quorum is present. The members of
48+ the committee must represent, equally, taxpayers and either taxing
49+ units or persons designated by taxing units. In the case of a
50+ revision for which the comptroller receives a request in writing,
51+ the person requesting the revision shall pay the costs of mediation
52+ if the comptroller determines that mediation is required.
53+ SECTION 3. Section 5.091, Tax Code, is amended to read as
7754 follows:
78- (d) In conducting a general audit, the comptroller shall
79- consider and report on:
80- (1) the extent to which the district complies with
81- applicable law or generally accepted standards of appraisal or
82- other relevant practice, including appraisal standards and
83- practices prescribed by appraisal manuals prepared and issued by
84- the comptroller;
85- (2) the uniformity and level of appraisal of major
86- kinds of property and the cause of any significant deviations from
87- ideal uniformity and equality of appraisal of major kinds of
88- property;
89- (3) duplication of effort and efficiency of operation;
90- (4) the general efficiency, quality of service, and
91- qualification of appraisal district personnel; and
92- (5) except as otherwise provided by Subsection (b) [of
93- this section], any other matter included in the request for the
94- audit.
95- SECTION 6. Section 6.03(a), Tax Code, is amended to read as
96- follows:
97- (a) The appraisal district is governed by a board of
98- directors. Five directors are appointed by the taxing units that
99- participate in the district as provided by this section. If the
100- county assessor-collector is not appointed to the board, the county
101- assessor-collector serves as a nonvoting director. The county
102- assessor-collector is ineligible to serve if the board enters into
103- a contract under Section 6.05(b) or if the commissioners court of
104- the county enters into a contract under Section 6.24(b). To be
105- eligible to serve on the board of directors, an individual other
106- than a county assessor-collector serving as a nonvoting director
107- must:
108- (1) be a resident of the district;
109- (2) [and must] have resided in the district for at
110- least two years immediately preceding the date the individual takes
111- office; and
112- (3) be an elected official of the county or a member of
113- the governing body or other elected official of a political
114- subdivision all or part of the territory of which is located in the
115- county. [An individual who is otherwise eligible to serve on the
116- board is not ineligible because of membership on the governing body
117- of a taxing unit. An employee of a taxing unit that participates in
118- the district is not eligible to serve on the board unless the
119- individual is also a member of the governing body or an elected
120- official of a taxing unit that participates in the district.]
121- SECTION 7. Section 6.035(a-1), Tax Code, is amended to read
122- as follows:
123- (a-1) An individual is ineligible to serve on an appraisal
124- district board of directors if the individual has engaged in the
125- business of appraising property for compensation for use in
126- proceedings under this title or of representing property owners for
127- compensation in proceedings under this title in the appraisal
128- district at any time during the preceding three [five] years.
129- SECTION 8. Section 6.15, Tax Code, is amended by adding
130- Subsection (c-1) to read as follows:
131- (c-1) Subsections (a) and (b) do not prohibit a member of
132- the board of directors of an appraisal district from transmitting
133- to the chief appraiser without comment a complaint by a property
134- owner or taxing unit about the appraisal of a specific property,
135- provided that the transmission is in writing.
136- SECTION 9. Section 6.41, Tax Code, is amended by amending
55+ Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the
56+ comptroller shall prepare a list that includes the total tax rate
57+ imposed by each taxing unit in this state, as [other than a school
58+ district, if the tax rate is] reported to the comptroller by each
59+ appraisal district, for the year [preceding the year] in which the
60+ list is prepared. The comptroller shall:
61+ (1) prescribe the manner in which and deadline by
62+ which appraisal districts are required to submit the tax rates to
63+ the comptroller; and
64+ (2) list the tax rates alphabetically according to:
65+ (A) the county or counties in which each taxing
66+ unit is located; and
67+ (B) the name of each taxing unit [in descending
68+ order].
69+ (b) Not later than January 1 [December 31] of the following
70+ [each] year, the comptroller shall publish on the comptroller's
71+ Internet website the list required by Subsection (a).
72+ SECTION 4. Section 6.41, Tax Code, is amended by amending
13773 Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and
13874 (d-10) to read as follows:
13975 (b) Except as provided by Subsection (b-1) or (b-2), an
14076 appraisal review [The] board consists of three members.
14177 (b-1) An appraisal [However, the] district board of
14278 directors by resolution of a majority of the board's [its] members
14379 may increase the size of the district's appraisal review board to
14480 the number of members the board of directors considers appropriate.
14581 (b-2) An appraisal district board of directors for a
146- district established in a county described by Subsection (d-1) by
147- resolution of a majority of the board's members shall increase the
148- size of the district's appraisal review board to the number of
149- members the board of directors considers appropriate to manage the
150- duties of the appraisal review board, including the duties of each
151- special panel established under Section 6.425.
82+ district established in a county with a population of one million or
83+ more by resolution of a majority of the board's members shall
84+ increase the size of the district's appraisal review board to the
85+ number of members the board of directors considers appropriate to
86+ manage the duties of the appraisal review board, including the
87+ duties of each special panel established under Section 6.425.
15288 (d-9) In selecting individuals who are to serve as members
15389 of the appraisal review board, the local administrative district
15490 judge shall select an adequate number of qualified individuals to
15591 permit the chairman of the appraisal review board to fill the
15692 positions on each special panel established under Section 6.425.
15793 (d-10) Upon selection of the individuals who are to serve as
15894 members of the appraisal review board, the local administrative
15995 district judge shall enter an appropriate order designating such
16096 members and setting each member's respective term of office, as
16197 provided elsewhere in this section.
162- SECTION 10. Section 6.414(d), Tax Code, is amended to read
163- as follows:
98+ SECTION 5. Section 6.414(d), Tax Code, is amended to read as
99+ follows:
164100 (d) An auxiliary board member may hear taxpayer protests
165101 before the appraisal review board. An auxiliary board member may
166102 not hear taxpayer protests before a special panel established under
167103 Section 6.425 unless the member is eligible to be appointed to the
168104 special panel. If one or more auxiliary board members sit on a
169105 panel established under Section 6.425 or 41.45 to conduct a protest
170106 hearing, the number of regular appraisal review board members
171107 required by that section to constitute the panel is reduced by the
172108 number of auxiliary board members sitting. An auxiliary board
173109 member sitting on a panel is considered a regular board member for
174110 all purposes related to the conduct of the hearing.
175- SECTION 11. Section 6.42, Tax Code, is amended by adding
176- Subsection (d) to read as follows:
177- (d) The concurrence of a majority of the members of the
178- appraisal review board or a panel of the board present at a meeting
179- of the board or panel is sufficient for a recommendation,
180- determination, decision, or other action by the board or panel, and
181- the concurrence of more than a majority of the members of the board
182- or panel may not be required.
183- SECTION 12. Subchapter C, Chapter 6, Tax Code, is amended by
111+ SECTION 6. Subchapter C, Chapter 6, Tax Code, is amended by
184112 adding Section 6.425 to read as follows:
185113 Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN
186114 CERTAIN DISTRICTS. (a) This section applies only to the appraisal
187115 review board for an appraisal district described by Section
188116 6.41(b-2).
189- (b) The appraisal review board shall establish a separate
190- special panel for each of the following classifications of property
191- to conduct protest hearings under Chapter 41 relating to property
192- included in that classification:
193- (1) commercial real and personal property;
194- (2) real and personal property of utilities;
195- (3) industrial and manufacturing real and personal
196- property; and
197- (4) multifamily residential real property.
198- (c) The chairman of the appraisal review board may establish
199- additional special panels described by this section to conduct
200- protest hearings relating to property included in a classification
201- described by Subsection (b) if the chairman determines that
202- additional panels are necessary.
203- (d) Each special panel described by this section consists of
117+ (b) The appraisal review board shall establish special
118+ panels to conduct protest hearings under Chapter 41 relating to
119+ property that:
120+ (1) has an appraised value of $50 million or more as
121+ determined by the appraisal district; and
122+ (2) is included in one of the following
123+ classifications:
124+ (A) commercial real and personal property;
125+ (B) real and personal property of utilities;
126+ (C) industrial and manufacturing real and
127+ personal property; and
128+ (D) multifamily residential real property.
129+ (c) Each special panel described by this section consists of
204130 three members of the appraisal review board appointed by the
205131 chairman of the board.
206- (e) To be eligible to be appointed to a special panel
132+ (d) To be eligible to be appointed to a special panel
207133 described by this section, a member of the appraisal review board
208134 must:
209135 (1) hold a juris doctor or equivalent degree;
210136 (2) hold a master of business administration degree;
211137 (3) be licensed as a certified public accountant under
212138 Chapter 901, Occupations Code;
213139 (4) be accredited by the American Society of
214140 Appraisers as an accredited senior appraiser;
215141 (5) possess an MAI professional designation from the
216142 Appraisal Institute;
217143 (6) possess a Certified Assessment Evaluator (CAE)
218144 professional designation from the International Association of
219- Assessing Officers; or
145+ Assessing Officers;
220146 (7) have at least 20 years of experience in property
221- tax appraisal or consulting.
222- (f) Notwithstanding Subsection (e), the chairman of the
147+ tax appraisal or consulting; or
148+ (8) be licensed as a real estate broker or sales agent
149+ under Chapter 1101, Occupations Code.
150+ (e) Notwithstanding Subsection (d), the chairman of the
223151 appraisal review board may appoint to a special panel described by
224152 this section a member of the appraisal review board who does not
225153 meet the qualifications prescribed by that subsection if:
226154 (1) the number of persons appointed to the board by the
227155 local administrative district judge who meet those qualifications
228156 is not sufficient to fill the positions on each special panel; and
229- (2) the board member being appointed to the panel:
230- (A) holds a bachelor's degree in any field; or
231- (B) is licensed as a real estate broker or sales
232- agent under Chapter 1101, Occupations Code.
233- SECTION 13. Section 22.23, Tax Code, is amended to read as
157+ (2) the board member being appointed to the panel
158+ holds a bachelor's degree in any field.
159+ (f) In addition to conducting protest hearings relating to
160+ property described by Subsection (b) of this section, a special
161+ panel may conduct protest hearings under Chapter 41 relating to
162+ property not described by Subsection (b) of this section as
163+ assigned by the chairman of the appraisal review board.
164+ SECTION 7. Effective January 1, 2019, Section 25.19, Tax
165+ Code, is amended by adding Subsections (b-3) and (b-4) to read as
234166 follows:
235- Sec. 22.23. FILING DATE. (a) Rendition statements and
236- property reports must be delivered to the chief appraiser after
237- January 1 and not later than April 1 [15], except as provided by
238- Section 22.02.
239- (b) On written request by the property owner, the chief
240- appraiser shall extend a deadline for filing a rendition statement
241- or property report to May 1 [15]. The chief appraiser may further
242- extend the deadline an additional 15 days upon good cause shown in
243- writing by the property owner.
244- SECTION 14. Section 23.01(b), Tax Code, is amended to read
245- as follows:
246- (b) The market value of property shall be determined by the
247- application of generally accepted appraisal methods and
248- techniques, including appraisal methods and techniques prescribed
249- by appraisal manuals prepared and issued by the comptroller. If the
250- appraisal district determines the appraised value of a property
251- using mass appraisal standards, the mass appraisal standards must
252- comply with the Uniform Standards of Professional Appraisal
253- Practice. The same or similar appraisal methods and techniques
254- shall be used in appraising the same or similar kinds of property.
255- However, each property shall be appraised based upon the individual
256- characteristics that affect the property's market value, and all
257- available evidence that is specific to the value of the property
258- shall be taken into account in determining the property's market
259- value.
260- SECTION 15. Section 25.19, Tax Code, is amended by amending
261- Subsections (a) and (g) and adding Subsection (b-3) to read as
262- follows:
263- (a) By April 15 [1] or as soon thereafter as practicable [if
264- the property is a single-family residence that qualifies for an
265- exemption under Section 11.13, or by May 1 or as soon thereafter as
266- practicable in connection with any other property], the chief
267- appraiser shall deliver a clear and understandable written notice
268- to a property owner of the appraised value of the property owner's
269- property if:
270- (1) the appraised value of the property is greater
271- than it was in the preceding year;
272- (2) the appraised value of the property is greater
273- than the value rendered by the property owner;
274- (3) the property was not on the appraisal roll in the
275- preceding year; or
276- (4) an exemption or partial exemption approved for the
277- property for the preceding year was canceled or reduced for the
278- current year.
279167 (b-3) This subsection applies only to an appraisal district
280168 described by Section 6.41(b-2). In addition to the information
281169 required by Subsection (b), the chief appraiser shall state in a
282- notice of appraised value of property included in a classification
283- described by Section 6.425(b) that the property owner has the right
284- to have a protest relating to the property heard by a special panel
285- of the appraisal review board.
286- (g) By April 15 [1] or as soon thereafter as practicable [if
287- the property is a single-family residence that qualifies for an
288- exemption under Section 11.13, or by May 1 or as soon thereafter as
289- practicable in connection with any other property], the chief
290- appraiser shall deliver a written notice to the owner of each
291- property not included in a notice required to be delivered under
292- Subsection (a), if the property was reappraised in the current tax
293- year, if the ownership of the property changed during the preceding
294- year, or if the property owner or the agent of a property owner
295- authorized under Section 1.111 makes a written request for the
296- notice. The chief appraiser shall separate real from personal
297- property and include in the notice for each property:
298- (1) the appraised value of the property in the
170+ notice of appraised value of property described by Section 6.425(b)
171+ that the property owner has the right to have a protest relating to
172+ the property heard by a special panel of the appraisal review board.
173+ (b-4) Subsection (b)(5) applies only to a notice of
174+ appraised value required to be delivered by the chief appraiser of
175+ an appraisal district established in a county with a population of
176+ less than 120,000. This subsection expires January 1, 2020.
177+ SECTION 8. Effective January 1, 2020, Sections 25.19(b) and
178+ (i), Tax Code, are amended to read as follows:
179+ (b) The chief appraiser shall separate real from personal
180+ property and include in the notice for each:
181+ (1) a list of the taxing units in which the property is
182+ taxable;
183+ (2) the appraised value of the property in the
299184 preceding year;
300- (2) the appraised value of the property for the
301- current year and the kind of each partial exemption, if any,
302- approved for the current year;
303- (3) a detailed explanation of the time and procedure
304- for protesting the value; and
305- (4) the date and place the appraisal review board will
306- begin hearing protests.
307- SECTION 16. Section 25.22(a), Tax Code, is amended to read
308- as follows:
309- (a) By May 1 [15] or as soon thereafter as practicable, the
310- chief appraiser shall submit the completed appraisal records to the
311- appraisal review board for review and determination of protests.
312- However, the chief appraiser may not submit the records until the
313- chief appraiser has delivered the notices required by Subsection
314- (d) of Section 11.45, Subsection (d) of Section 23.44, Subsection
315- (d) of Section 23.57, Subsection (d) of Section 23.79, Subsection
316- (d) of Section 23.85, Subsection (d) of Section 23.95, Subsection
317- (d) of Section 23.9805, and Section 25.19.
318- SECTION 17. Sections 26.01(a) and (e), Tax Code, are
319- amended to read as follows:
320- (a) By July 10 [25], the chief appraiser shall prepare and
321- certify to the assessor for each taxing unit participating in the
322- district that part of the appraisal roll for the district that lists
323- the property taxable by the unit. The part certified to the
324- assessor is the appraisal roll for the unit. The chief appraiser
325- shall consult with the assessor for each taxing unit and notify each
326- unit in writing by April 1 of the form in which the roll will be
327- provided to each unit.
328- (e) Except as provided by Subsection (f), not later than May
329- 15 [April 30], the chief appraiser shall prepare and certify to the
330- assessor for each county, municipality, and school district
331- participating in the appraisal district an estimate of the taxable
332- value of property in that taxing unit. The chief appraiser shall
333- assist each county, municipality, and school district in
334- determining values of property in that taxing unit for the taxing
335- unit's budgetary purposes.
336- SECTION 18. Section 26.012(9), Tax Code, is redesignated as
185+ (3) the taxable value of the property in the preceding
186+ year for each taxing unit taxing the property;
187+ (4) the appraised value of the property for the
188+ current year, the kind and amount of each exemption and partial
189+ exemption, if any, approved for the property for the current year
190+ and for the preceding year, and, if an exemption or partial
191+ exemption that was approved for the preceding year was canceled or
192+ reduced for the current year, the amount of the exemption or partial
193+ exemption canceled or reduced;
194+ (5) [if the appraised value is greater than it was in
195+ the preceding year, the amount of tax that would be imposed on the
196+ property on the basis of the tax rate for the preceding year;
197+ [(6)] in italic typeface, the following
198+ statement: "The Texas Legislature does not set the amount of your
199+ local taxes. Your property tax burden is decided by your locally
200+ elected officials, and all inquiries concerning your taxes should
201+ be directed to those officials";
202+ (6) [(7)] a detailed explanation of the time and
203+ procedure for protesting the value;
204+ (7) [(8)] the date and place the appraisal review
205+ board will begin hearing protests; and
206+ (8) [(9)] a brief explanation that the governing body
207+ of each taxing unit decides whether or not taxes on the property
208+ will increase and the appraisal district only determines the value
209+ of the property.
210+ (i) Delivery with a notice required by Subsection (a) or (g)
211+ of a copy of the pamphlet published by the comptroller under Section
212+ 5.06 or a copy of the notice published by the chief appraiser under
213+ Section 41.70 is sufficient to comply with the requirement that the
214+ notice include the information specified by Subsection (b)(6)
215+ [(b)(7)] or (g)(3), as applicable.
216+ SECTION 9. Section 26.012(9), Tax Code, is redesignated as
337217 Section 26.012(18), Tax Code, and amended to read as follows:
338- (18) "No-new-taxes [(9) "Effective] maintenance and
339- operations rate" means a rate expressed in dollars per $100 of
218+ (18) "No-new-revenue [(9) "Effective] maintenance
219+ and operations rate" means a rate expressed in dollars per $100 of
340220 taxable value and calculated according to the following formula:
341- NO-NEW-TAXES [EFFECTIVE] MAINTENANCE AND OPERATIONS
221+ NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS
342222 RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST
343223 YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE -
344224 NEW PROPERTY VALUE)
345- SECTION 19. The heading to Section 26.04, Tax Code, is
225+ SECTION 10. The heading to Section 26.04, Tax Code, is
346226 amended to read as follows:
347227 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
348- NO-NEW-TAXES [EFFECTIVE] AND ROLLBACK TAX RATES.
349- SECTION 20. Section 26.04, Tax Code, is amended by amending
350- Subsections (b), (c), (d), (e), (e-1), (f), (i), and (j) and adding
351- Subsections (c-1), (d-1), (d-2), (d-3), and (h-1) to read as
228+ NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES.
229+ SECTION 11. Section 26.04, Tax Code, is amended by amending
230+ Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and
231+ adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) to read as
352232 follows:
353233 (b) The assessor shall submit the appraisal roll for the
354234 unit showing the total appraised, assessed, and taxable values of
355235 all property and the total taxable value of new property to the
356- governing body of the unit by July 15 [August 1] or as soon
357- thereafter as practicable. By July 15 [August 1] or as soon
358- thereafter as practicable, the taxing unit's collector shall
359- certify [an estimate of] the anticipated collection rate for the
236+ governing body of the unit by August 1 or as soon thereafter as
237+ practicable. By August 1 or as soon thereafter as practicable, the
238+ taxing unit's collector shall certify [an estimate of] the
239+ anticipated collection rate, as defined by Subsection (h), for the
360240 current year to the governing body. If the collector certified an
361241 anticipated collection rate in the preceding year and the actual
362242 collection rate in that year exceeded the anticipated rate, the
363243 collector shall also certify the amount of debt taxes collected in
364244 excess of the anticipated amount in the preceding year.
365245 (c) An officer or employee designated by the governing body
366- shall calculate the no-new-taxes [effective] tax rate and the
246+ shall calculate the no-new-revenue [effective] tax rate and the
367247 rollback tax rate for the unit, where:
368- (1) "No-new-taxes ["Effective] tax rate" means a rate
248+ (1) "No-new-revenue [Effective] tax rate" means a rate
369249 expressed in dollars per $100 of taxable value calculated according
370250 to the following formula:
371- NO-NEW-TAXES [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY -
372- LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
373- PROPERTY VALUE)
251+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST YEAR'S
252+ LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE -
253+ NEW PROPERTY VALUE)
374254 ; and
375255 (2) "Rollback tax rate" means a rate expressed in
376256 dollars per $100 of taxable value calculated according to the
377257 following formula:
378- ROLLBACK TAX RATE = (NO-NEW-TAXES [EFFECTIVE]
379- MAINTENANCE AND OPERATIONS RATE x 1.05 [1.08]) +
380- CURRENT DEBT RATE
381- (c-1) Notwithstanding any other provision of this section,
382- the governing body may direct the designated officer or employee to
383- substitute "1.08" for "1.05" in the calculation of the rollback tax
384- rate if any part of the taxing unit is located in an area declared a
385- disaster area during the current tax year by the governor or by the
386- president of the United States.
387- (d) The no-new-taxes [effective] tax rate for a county is
388- the sum of the no-new-taxes [effective] tax rates calculated for
389- each type of tax the county levies, and the rollback tax rate for a
258+ ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE
259+ AND OPERATIONS RATE x 1.08) + CURRENT DEBT RATE
260+ (d) The no-new-revenue [effective] tax rate for a county is
261+ the sum of the no-new-revenue [effective] tax rates calculated for
262+ each type of tax the county levies and the rollback tax rate for a
390263 county is the sum of the rollback tax rates calculated for each type
391264 of tax the county levies.
392- (d-1) The designated officer or employee shall submit the
393- worksheets used in calculating the no-new-taxes tax rate and the
394- rollback tax rate to:
395- (1) the chief appraiser of each appraisal district in
396- which the taxing unit is located; and
397- (2) the chief financial officer or the auditor for the
398- taxing unit.
265+ (d-1) The designated officer or employee shall use the tax
266+ rate calculation forms prescribed by the comptroller under Section
267+ 5.07 in calculating the no-new-revenue tax rate and the rollback
268+ tax rate.
399269 (d-2) The designated officer or employee may not submit the
400- no-new-taxes tax rate and the rollback tax rate to the governing
401- body of the taxing unit and the governing body of the unit may not
402- adopt a tax rate until:
403- (1) the chief appraiser of each appraisal district in
404- which the taxing unit is located submits to the governing body of
405- the unit a written certification that the values used in the
406- calculations are the same as the values shown in the unit's
407- appraisal roll; and
408- (2) the chief financial officer or the auditor for the
409- unit submits to the governing body of the unit a written
410- certification that the rollback tax rate has been calculated
411- correctly.
412- (d-3) The comptroller shall adopt rules governing the form
413- of the certifications required by Subsection (d-2) and the manner
414- in which they are required to be submitted.
415- (e) By July 22 [August 7] or as soon thereafter as
416- practicable, the designated officer or employee shall submit the
417- rates to the governing body. By July 27, the designated officer or
418- employee [He] shall deliver by mail to each property owner in the
419- unit or publish in a newspaper in the form prescribed by the
270+ no-new-revenue tax rate and the rollback tax rate to the governing
271+ body of the taxing unit and the unit may not adopt a tax rate until
272+ the designated officer or employee certifies on the tax rate
273+ calculation forms that the designated officer or employee has
274+ accurately calculated the tax rates and has used values that are the
275+ same as the values shown in the unit's certified appraisal roll in
276+ performing the calculations.
277+ (e) By August 7 or as soon thereafter as practicable, the
278+ designated officer or employee shall submit the rates to the
279+ governing body. The designated officer or employee [He] shall
280+ deliver by mail to each property owner in the unit, [or] publish in
281+ a newspaper, or post prominently on the home page of the unit's
282+ Internet website, if applicable, in the form prescribed by the
420283 comptroller:
421- (1) the no-new-taxes [effective] tax rate, the
284+ (1) the no-new-revenue [effective] tax rate, the
422285 rollback tax rate, and an explanation of how they were calculated;
423286 (2) the estimated amount of interest and sinking fund
424287 balances and the estimated amount of maintenance and operation or
425288 general fund balances remaining at the end of the current fiscal
426289 year that are not encumbered with or by corresponding existing debt
427290 obligation;
428291 (3) a schedule of the unit's debt obligations showing:
429292 (A) the amount of principal and interest that
430293 will be paid to service the unit's debts in the next year from
431294 property tax revenue, including payments of lawfully incurred
432295 contractual obligations providing security for the payment of the
433296 principal of and interest on bonds and other evidences of
434297 indebtedness issued on behalf of the unit by another political
435298 subdivision and, if the unit is created under Section 52, Article
436299 III, or Section 59, Article XVI, Texas Constitution, payments on
437300 debts that the unit anticipates to incur in the next calendar year;
438301 (B) the amount by which taxes imposed for debt
439302 are to be increased because of the unit's anticipated collection
440303 rate; and
441304 (C) the total of the amounts listed in Paragraphs
442305 (A)-(B), less any amount collected in excess of the previous year's
443306 anticipated collections certified as provided in Subsection (b);
444307 (4) the amount of additional sales and use tax revenue
445308 anticipated in calculations under Section 26.041;
446309 (5) a statement that the adoption of a tax rate equal
447- to the no-new-taxes [effective] tax rate would result in an
310+ to the no-new-revenue [effective] tax rate would result in an
448311 increase or decrease, as applicable, in the amount of taxes imposed
449312 by the unit as compared to last year's levy, and the amount of the
450313 increase or decrease;
451314 (6) in the year that a taxing unit calculates an
452315 adjustment under Subsection (i) or (j), a schedule that includes
453316 the following elements:
454317 (A) the name of the unit discontinuing the
455318 department, function, or activity;
456319 (B) the amount of property tax revenue spent by
457320 the unit listed under Paragraph (A) to operate the discontinued
458321 department, function, or activity in the 12 months preceding the
459322 month in which the calculations required by this chapter are made;
460323 and
461324 (C) the name of the unit that operates a distinct
462325 department, function, or activity in all or a majority of the
463326 territory of a taxing unit that has discontinued operating the
464327 distinct department, function, or activity; and
465328 (7) in the year following the year in which a taxing
466329 unit raised its rollback tax rate as required by Subsection (j), a
467330 schedule that includes the following elements:
468331 (A) the amount of property tax revenue spent by
469332 the unit to operate the department, function, or activity for which
470333 the taxing unit raised the rollback tax rate as required by
471334 Subsection (j) for the 12 months preceding the month in which the
472335 calculations required by this chapter are made; and
473336 (B) the amount published by the unit in the
474337 preceding tax year under Subdivision (6)(B).
475338 (e-1) The tax rate certification requirements imposed by
476- Subsections (d-1) and (d-2) and the notice requirements imposed by
477- Subsections (e)(1)-(6) do not apply to a school district.
339+ Subsection (d-2) and the notice requirements imposed by Subsections
340+ (e)(1)-(6) do not apply to a school district.
341+ (e-2) By August 7 or as soon thereafter as practicable, the
342+ chief appraiser of each appraisal district shall deliver by regular
343+ mail or e-mail to each owner of property located in the appraisal
344+ district a notice that the estimated amount of taxes to be imposed
345+ on the owner's property by each taxing unit in which the property is
346+ located may be found in the property tax database maintained by the
347+ appraisal district under Section 26.17. The notice must include:
348+ (1) the following statement:
349+ "PROPOSED (tax year) PROPERTY TAX BILL INFORMATION
350+ "Information concerning the property taxes that may be
351+ imposed on your property by local taxing units, the dates and
352+ locations of any public hearings on the tax rates of the taxing
353+ units, and the dates and locations of meetings of the governing
354+ bodies of the taxing units to vote on the tax rates, together with
355+ other important property tax information, may be found at the
356+ website listed below:
357+ "(address of the Internet website at which the information
358+ may be found).";
359+ (2) a statement that the property owner may request
360+ from the county assessor-collector contact information for the
361+ assessor for each taxing unit in which the property is located, who
362+ must provide the information described by this subsection to the
363+ owner on request; and
364+ (3) the address and telephone number of the county
365+ assessor-collector.
366+ (e-3) The heading of the statement described by Subsection
367+ (e-2)(1) must be in bold, capital letters in typeset larger than
368+ that used in the other provisions of the notice.
369+ (e-4) The comptroller may adopt rules regarding the format
370+ and delivery of the notice required by Subsection (e-2).
478371 (f) If as a result of consolidation of taxing units a taxing
479372 unit includes territory that was in two or more taxing units in the
480373 preceding year, the amount of taxes imposed in each in the preceding
481- year is combined for purposes of calculating the no-new-taxes
374+ year is combined for purposes of calculating the no-new-revenue
482375 [effective] and rollback tax rates under this section.
483- (h-1) Notwithstanding Subsection (h), the assessor may not
484- certify an anticipated collection rate under Subsection (b) that is
485- lower than the lowest actual collection rate in the preceding three
486- years.
376+ (g) A person who owns taxable property is entitled to an
377+ injunction prohibiting the taxing unit in which the property is
378+ taxable from adopting a tax rate if the assessor or designated
379+ officer or employee of the unit, the chief appraiser of the
380+ applicable appraisal district, or the taxing unit, as applicable,
381+ has not complied with the computation, [or] publication, or posting
382+ requirements of this section or Section 26.17 or 26.18 [and the
383+ failure to comply was not in good faith].
487384 (i) This subsection applies to a taxing unit that has agreed
488385 by written contract to transfer a distinct department, function, or
489386 activity to another taxing unit and discontinues operating that
490387 distinct department, function, or activity if the operation of that
491388 department, function, or activity in all or a majority of the
492389 territory of the taxing unit is continued by another existing
493390 taxing unit or by a new taxing unit. The rollback tax rate of a
494391 taxing unit to which this subsection applies in the first tax year
495392 in which a budget is adopted that does not allocate revenue to the
496393 discontinued department, function, or activity is calculated as
497394 otherwise provided by this section, except that last year's levy
498- used to calculate the no-new-taxes [effective] maintenance and
395+ used to calculate the no-new-revenue [effective] maintenance and
499396 operations rate of the unit is reduced by the amount of maintenance
500397 and operations tax revenue spent by the taxing unit to operate the
501398 department, function, or activity for the 12 months preceding the
502399 month in which the calculations required by this chapter are made
503400 and in which the unit operated the discontinued department,
504401 function, or activity. If the unit did not operate that department,
505402 function, or activity for the full 12 months preceding the month in
506403 which the calculations required by this chapter are made, the unit
507- shall reduce last year's levy used for calculating the no-new-taxes
508- [effective] maintenance and operations rate of the unit by the
509- amount of the revenue spent in the last full fiscal year in which
510- the unit operated the discontinued department, function, or
511- activity.
404+ shall reduce last year's levy used for calculating the
405+ no-new-revenue [effective] maintenance and operations rate of the
406+ unit by the amount of the revenue spent in the last full fiscal year
407+ in which the unit operated the discontinued department, function,
408+ or activity.
512409 (j) This subsection applies to a taxing unit that had agreed
513410 by written contract to accept the transfer of a distinct
514411 department, function, or activity from another taxing unit and
515412 operates a distinct department, function, or activity if the
516413 operation of a substantially similar department, function, or
517414 activity in all or a majority of the territory of the taxing unit
518415 has been discontinued by another taxing unit, including a dissolved
519416 taxing unit. The rollback tax rate of a taxing unit to which this
520417 subsection applies in the first tax year after the other taxing unit
521418 discontinued the substantially similar department, function, or
522419 activity in which a budget is adopted that allocates revenue to the
523420 department, function, or activity is calculated as otherwise
524421 provided by this section, except that last year's levy used to
525- calculate the no-new-taxes [effective] maintenance and operations
526- rate of the unit is increased by the amount of maintenance and
527- operations tax revenue spent by the taxing unit that discontinued
528- operating the substantially similar department, function, or
529- activity to operate that department, function, or activity for the
530- 12 months preceding the month in which the calculations required by
531- this chapter are made and in which the unit operated the
532- discontinued department, function, or activity. If the unit did
533- not operate the discontinued department, function, or activity for
534- the full 12 months preceding the month in which the calculations
535- required by this chapter are made, the unit may increase last year's
536- levy used to calculate the no-new-taxes [effective] maintenance and
537- operations rate by an amount not to exceed the amount of property
538- tax revenue spent by the discontinuing unit to operate the
539- discontinued department, function, or activity in the last full
540- fiscal year in which the discontinuing unit operated the
541- department, function, or activity.
542- SECTION 21. Section 26.041, Tax Code, is amended by
543- amending Subsections (a), (b), (c), (e), (g), and (h) and adding
544- Subsection (c-1) to read as follows:
422+ calculate the no-new-revenue [effective] maintenance and
423+ operations rate of the unit is increased by the amount of
424+ maintenance and operations tax revenue spent by the taxing unit
425+ that discontinued operating the substantially similar department,
426+ function, or activity to operate that department, function, or
427+ activity for the 12 months preceding the month in which the
428+ calculations required by this chapter are made and in which the unit
429+ operated the discontinued department, function, or activity. If
430+ the unit did not operate the discontinued department, function, or
431+ activity for the full 12 months preceding the month in which the
432+ calculations required by this chapter are made, the unit may
433+ increase last year's levy used to calculate the no-new-revenue
434+ [effective] maintenance and operations rate by an amount not to
435+ exceed the amount of property tax revenue spent by the
436+ discontinuing unit to operate the discontinued department,
437+ function, or activity in the last full fiscal year in which the
438+ discontinuing unit operated the department, function, or activity.
439+ SECTION 12. Sections 26.041(a), (b), (c), (e), (g), and
440+ (h), Tax Code, are amended to read as follows:
545441 (a) In the first year in which an additional sales and use
546- tax is required to be collected, the no-new-taxes [effective] tax
442+ tax is required to be collected, the no-new-revenue [effective] tax
547443 rate and rollback tax rate for the unit are calculated according to
548444 the following formulas:
549- NO-NEW-TAXES [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY
550- - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
445+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
446+ LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
551447 PROPERTY VALUE)] - SALES TAX GAIN RATE
552448 and
553- ROLLBACK TAX RATE = (NO-NEW-TAXES [EFFECTIVE]
554- MAINTENANCE AND OPERATIONS RATE x 1.05 [1.08]) +
555- CURRENT DEBT RATE - SALES TAX GAIN RATE
449+ ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE]
450+ MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT
451+ RATE - SALES TAX GAIN RATE
556452 where "sales tax gain rate" means a number expressed in dollars per
557453 $100 of taxable value, calculated by dividing the revenue that will
558454 be generated by the additional sales and use tax in the following
559455 year as calculated under Subsection (d) [of this section] by the
560456 current total value.
561457 (b) Except as provided by Subsections (a) and (c) [of this
562458 section], in a year in which a taxing unit imposes an additional
563- sales and use tax the rollback tax rate for the unit is calculated
459+ sales and use tax, the rollback tax rate for the unit is calculated
564460 according to the following formula, regardless of whether the unit
565461 levied a property tax in the preceding year:
566462 ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND
567- OPERATIONS EXPENSE x 1.05 [1.08]) / ([TOTAL] CURRENT
568- TOTAL VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE
569- - SALES TAX REVENUE RATE)
463+ OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL
464+ VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE -
465+ SALES TAX REVENUE RATE)
570466 where "last year's maintenance and operations expense" means the
571467 amount spent for maintenance and operations from property tax and
572468 additional sales and use tax revenues in the preceding year, and
573469 "sales tax revenue rate" means a number expressed in dollars per
574470 $100 of taxable value, calculated by dividing the revenue that will
575471 be generated by the additional sales and use tax in the current year
576472 as calculated under Subsection (d) [of this section] by the current
577473 total value.
578474 (c) In a year in which a taxing unit that has been imposing
579475 an additional sales and use tax ceases to impose an additional sales
580- and use tax the no-new-taxes [effective] tax rate and rollback tax
581- rate for the unit are calculated according to the following
476+ and use tax, the no-new-revenue [effective] tax rate and rollback
477+ tax rate for the unit are calculated according to the following
582478 formulas:
583- NO-NEW-TAXES [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY
584- - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
479+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
480+ LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
585481 PROPERTY VALUE)] + SALES TAX LOSS RATE
586482 and
587483 ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND
588- OPERATIONS EXPENSE x 1.05 [1.08]) / ([TOTAL] CURRENT
589- TOTAL VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE
484+ OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL
485+ VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE
590486 where "sales tax loss rate" means a number expressed in dollars per
591487 $100 of taxable value, calculated by dividing the amount of sales
592488 and use tax revenue generated in the last four quarters for which
593489 the information is available by the current total value and "last
594490 year's maintenance and operations expense" means the amount spent
595491 for maintenance and operations from property tax and additional
596492 sales and use tax revenues in the preceding year.
597- (c-1) Notwithstanding any other provision of this section,
598- the governing body may direct the designated officer or employee to
599- substitute "1.08" for "1.05" in the calculation of the rollback tax
600- rate if any part of the taxing unit is located in an area declared a
601- disaster area during the current tax year by the governor or by the
602- president of the United States.
603493 (e) If a city that imposes an additional sales and use tax
604494 receives payments under the terms of a contract executed before
605495 January 1, 1986, in which the city agrees not to annex certain
606496 property or a certain area and the owners or lessees of the property
607497 or of property in the area agree to pay at least annually to the city
608498 an amount determined by reference to all or a percentage of the
609499 property tax rate of the city and all or a part of the value of the
610500 property subject to the agreement or included in the area subject to
611501 the agreement, the governing body, by order adopted by a majority
612502 vote of the governing body, may direct the designated officer or
613- employee to add to the no-new-taxes [effective] and rollback tax
503+ employee to add to the no-new-revenue [effective] and rollback tax
614504 rates the amount that, when applied to the total taxable value
615505 submitted to the governing body, would produce an amount of taxes
616506 equal to the difference between the total amount of payments for the
617507 tax year under contracts described by this subsection under the
618508 rollback tax rate calculated under this section and the total
619509 amount of payments for the tax year that would have been obligated
620510 to the city if the city had not adopted an additional sales and use
621511 tax.
622512 (g) If the rate of the additional sales and use tax is
623513 increased, the designated officer or employee shall make two
624514 projections, in the manner provided by Subsection (d) [of this
625515 section], of the revenue generated by the additional sales and use
626516 tax in the following year. The first projection must take into
627517 account the increase and the second projection must not take into
628- account the increase. The officer or employee shall then subtract
629- the amount of the result of the second projection from the amount of
630- the result of the first projection to determine the revenue
518+ account the increase. The designated officer or employee shall
519+ then subtract the amount of the result of the second projection from
520+ the amount of the result of the first projection to determine the
521+ revenue generated as a result of the increase in the additional
522+ sales and use tax. In the first year in which an additional sales
523+ and use tax is increased, the no-new-revenue [effective] tax rate
524+ for the unit is the no-new-revenue [effective] tax rate before the
525+ increase minus a number the numerator of which is the revenue
631526 generated as a result of the increase in the additional sales and
632- use tax. In the first year in which an additional sales and use tax
633- is increased, the no-new-taxes [effective] tax rate for the unit is
634- the no-new-taxes [effective] tax rate before the increase minus a
635- number the numerator of which is the revenue generated as a result
636- of the increase in the additional sales and use tax, as determined
637- under this subsection, and the denominator of which is the current
638- total value minus the new property value.
527+ use tax, as determined under this subsection, and the denominator
528+ of which is the current total value minus the new property value.
639529 (h) If the rate of the additional sales and use tax is
640530 decreased, the designated officer or employee shall make two
641531 projections, in the manner provided by Subsection (d) [of this
642532 section], of the revenue generated by the additional sales and use
643533 tax in the following year. The first projection must take into
644534 account the decrease and the second projection must not take into
645- account the decrease. The officer or employee shall then subtract
646- the amount of the result of the first projection from the amount of
647- the result of the second projection to determine the revenue lost as
648- a result of the decrease in the additional sales and use tax. In the
649- first year in which an additional sales and use tax is decreased,
650- the no-new-taxes [effective] tax rate for the unit is the
651- no-new-taxes [effective] tax rate before the decrease plus a number
652- the numerator of which is the revenue lost as a result of the
653- decrease in the additional sales and use tax, as determined under
654- this subsection, and the denominator of which is the current total
655- value minus the new property value.
656- SECTION 22. The heading to Section 26.043, Tax Code, is
535+ account the decrease. The designated officer or employee shall
536+ then subtract the amount of the result of the first projection from
537+ the amount of the result of the second projection to determine the
538+ revenue lost as a result of the decrease in the additional sales and
539+ use tax. In the first year in which an additional sales and use tax
540+ is decreased, the no-new-revenue [effective] tax rate for the unit
541+ is the no-new-revenue [effective] tax rate before the decrease plus
542+ a number the numerator of which is the revenue lost as a result of
543+ the decrease in the additional sales and use tax, as determined
544+ under this subsection, and the denominator of which is the current
545+ total value minus the new property value.
546+ SECTION 13. The heading to Section 26.043, Tax Code, is
657547 amended to read as follows:
658- Sec. 26.043. ROLLBACK AND NO-NEW-TAXES [EFFECTIVE] TAX
548+ Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX
659549 RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
660- SECTION 23. Sections 26.043(a) and (b), Tax Code, are
550+ SECTION 14. Sections 26.043(a) and (b), Tax Code, are
661551 amended to read as follows:
662552 (a) In the tax year in which a city has set an election on
663553 the question of whether to impose a local sales and use tax under
664554 Subchapter H, Chapter 453, Transportation Code, the officer or
665555 employee designated to make the calculations provided by Section
666556 26.04 may not make those calculations until the outcome of the
667557 election is determined. If the election is determined in favor of
668558 the imposition of the tax, the representative shall subtract from
669- the city's rollback and no-new-taxes [effective] tax rates the
559+ the city's rollback and no-new-revenue [effective] tax rates the
670560 amount that, if applied to the city's current total value, would
671561 impose an amount equal to the amount of property taxes budgeted in
672562 the current tax year to pay for expenses related to mass transit
673563 services.
674564 (b) In a tax year to which this section applies, a reference
675- in this chapter to the city's no-new-taxes [effective] or rollback
676- tax rate refers to that rate as adjusted under this section.
677- SECTION 24. The heading to Section 26.044, Tax Code, is
565+ in this chapter to the city's no-new-revenue [effective] or
566+ rollback tax rate refers to that rate as adjusted under this
567+ section.
568+ SECTION 15. The heading to Section 26.044, Tax Code, is
678569 amended to read as follows:
679- Sec. 26.044. NO-NEW-TAXES [EFFECTIVE] TAX RATE TO PAY FOR
570+ Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR
680571 STATE CRIMINAL JUSTICE MANDATE.
681- SECTION 25. Sections 26.044(a), (b), and (c), Tax Code, are
572+ SECTION 16. Sections 26.044(a), (b), and (c), Tax Code, are
682573 amended to read as follows:
683574 (a) The first time that a county adopts a tax rate after
684575 September 1, 1991, in which the state criminal justice mandate
685- applies to the county, the no-new-taxes [effective] maintenance and
686- operation rate for the county is increased by the rate calculated
687- according to the following formula:
576+ applies to the county, the no-new-revenue [effective] maintenance
577+ and operation rate for the county is increased by the rate
578+ calculated according to the following formula:
688579 (State Criminal Justice Mandate) / (Current Total
689580 Value - New Property Value)
690581 (b) In the second and subsequent years that a county adopts
691582 a tax rate, if the amount spent by the county for the state criminal
692- justice mandate increased over the previous year, the no-new-taxes
693- [effective] maintenance and operation rate for the county is
694- increased by the rate calculated according to the following
695- formula:
583+ justice mandate increased over the previous year, the
584+ no-new-revenue [effective] maintenance and operation rate for the
585+ county is increased by the rate calculated according to the
586+ following formula:
696587 (This Year's State Criminal Justice Mandate - Previous
697588 Year's State Criminal Justice Mandate) / (Current
698589 Total Value - New Property Value)
699590 (c) The county shall include a notice of the increase in the
700- no-new-taxes [effective] maintenance and operation rate provided
591+ no-new-revenue [effective] maintenance and operation rate provided
701592 by this section, including a description and amount of the state
702593 criminal justice mandate, in the information published under
703594 Section 26.04(e) and Section 26.06(b) [of this code].
704- SECTION 26. Sections 26.0441(a), (b), and (c), Tax Code,
595+ SECTION 17. Sections 26.0441(a), (b), and (c), Tax Code,
705596 are amended to read as follows:
706597 (a) In the first tax year in which a taxing unit adopts a tax
707598 rate after January 1, 2000, and in which the enhanced minimum
708599 eligibility standards for indigent health care established under
709600 Section 61.006, Health and Safety Code, apply to the taxing unit,
710- the no-new-taxes [effective] maintenance and operations rate for
601+ the no-new-revenue [effective] maintenance and operations rate for
711602 the taxing unit is increased by the rate computed according to the
712603 following formula:
713604 Amount of Increase = Enhanced Indigent Health Care
714605 Expenditures / (Current Total Value - New Property
715606 Value)
716607 (b) In each subsequent tax year, if the taxing unit's
717608 enhanced indigent health care expenses exceed the amount of those
718- expenses for the preceding year, the no-new-taxes [effective]
609+ expenses for the preceding year, the no-new-revenue [effective]
719610 maintenance and operations rate for the taxing unit is increased by
720611 the rate computed according to the following formula:
721612 Amount of Increase = (Current Tax Year's Enhanced
722613 Indigent Health Care Expenditures - Preceding Tax
723614 Year's Indigent Health Care Expenditures) / (Current
724615 Total Value - New Property Value)
725616 (c) The taxing unit shall include a notice of the increase
726- in its no-new-taxes [effective] maintenance and operations rate
617+ in its no-new-revenue [effective] maintenance and operations rate
727618 provided by this section, including a brief description and the
728619 amount of the enhanced indigent health care expenditures, in the
729620 information published under Section 26.04(e) and, if applicable,
730621 Section 26.06(b).
731- SECTION 27. Section 26.05, Tax Code, is amended by amending
732- Subsections (a), (b), (c), (d), and (g) and adding Subsection (e-1)
733- to read as follows:
734- (a) The governing body of each taxing unit[, before the
735- later of September 30 or the 60th day after the date the certified
736- appraisal roll is received by the taxing unit,] shall adopt a tax
737- rate for the current tax year and shall notify the assessor for the
738- unit of the rate adopted. The governing body must adopt a tax rate
739- before the later of September 30 or the 60th day after the date the
740- certified appraisal roll is received by the taxing unit, except
741- that the governing body must adopt a tax rate that exceeds the
742- rollback tax rate before August 15. The tax rate consists of two
743- components, each of which must be approved separately. The
744- components are:
745- (1) for a taxing unit other than a school district, the
746- rate that, if applied to the total taxable value, will impose the
747- total amount published under Section 26.04(e)(3)(C), less any
748- amount of additional sales and use tax revenue that will be used to
749- pay debt service, or, for a school district, the rate calculated
750- under Section 44.004(c)(5)(A)(ii)(b), Education Code; and
751- (2) the rate that, if applied to the total taxable
752- value, will impose the amount of taxes needed to fund maintenance
753- and operation expenditures of the unit for the next year.
622+ SECTION 18. Section 26.05, Tax Code, is amended by amending
623+ Subsections (b), (c), (d), (e), and (g) and adding Subsections
624+ (d-1) and (d-2) to read as follows:
754625 (b) A taxing unit may not impose property taxes in any year
755626 until the governing body has adopted a tax rate for that year, and
756627 the annual tax rate must be set by ordinance, resolution, or order,
757628 depending on the method prescribed by law for adoption of a law by
758629 the governing body. The vote on the ordinance, resolution, or order
759630 setting the tax rate must be separate from the vote adopting the
760631 budget. For a taxing unit other than a school district, the vote on
761632 the ordinance, resolution, or order setting a tax rate that exceeds
762- the no-new-taxes [effective] tax rate must be a record vote, and at
763- least 60 percent of the members of the governing body must vote in
764- favor of the ordinance, resolution, or order. For a school
633+ the no-new-revenue [effective] tax rate must be a record vote, and
634+ at least 60 percent of the members of the governing body must vote
635+ in favor of the ordinance, resolution, or order. For a school
765636 district, the vote on the ordinance, resolution, or order setting a
766- tax rate that exceeds the sum of the no-new-taxes [effective]
637+ tax rate that exceeds the sum of the no-new-revenue [effective]
767638 maintenance and operations tax rate of the district as determined
768639 under Section 26.08(i) and the district's current debt rate must be
769640 a record vote, and at least 60 percent of the members of the
770641 governing body must vote in favor of the ordinance, resolution, or
771642 order. A motion to adopt an ordinance, resolution, or order setting
772- a tax rate that exceeds the no-new-taxes [effective] tax rate must
773- be made in the following form: "I move that the property tax rate be
774- increased by the adoption of a tax rate of (specify tax rate), which
775- is effectively a (insert percentage by which the proposed tax rate
776- exceeds the no-new-taxes [effective] tax rate) percent increase in
777- the tax rate." If the ordinance, resolution, or order sets a tax
778- rate that, if applied to the total taxable value, will impose an
779- amount of taxes to fund maintenance and operation expenditures of
780- the taxing unit that exceeds the amount of taxes imposed for that
781- purpose in the preceding year, the taxing unit must:
643+ a tax rate that exceeds the no-new-revenue [effective] tax rate
644+ must be made in the following form: "I move that the property tax
645+ rate be increased by the adoption of a tax rate of (specify tax
646+ rate), which is effectively a (insert percentage by which the
647+ proposed tax rate exceeds the no-new-revenue [effective] tax rate)
648+ percent increase in the tax rate." If the ordinance, resolution, or
649+ order sets a tax rate that, if applied to the total taxable value,
650+ will impose an amount of taxes to fund maintenance and operation
651+ expenditures of the taxing unit that exceeds the amount of taxes
652+ imposed for that purpose in the preceding year, the taxing unit
653+ must:
782654 (1) include in the ordinance, resolution, or order in
783655 type larger than the type used in any other portion of the document:
784656 (A) the following statement: "THIS TAX RATE WILL
785657 RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S
786658 TAX RATE."; and
787- (B) if the tax rate exceeds the no-new-taxes
659+ (B) if the tax rate exceeds the no-new-revenue
788660 [effective] maintenance and operations rate, the following
789661 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
790- PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES
662+ PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
791663 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
792664 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
793665 APPROXIMATELY $(Insert amount)."; and
794666 (2) include on the home page of any Internet website
795667 operated by the unit:
796668 (A) the following statement: "(Insert name of
797669 unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE
798670 AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and
799- (B) if the tax rate exceeds the no-new-taxes
671+ (B) if the tax rate exceeds the no-new-revenue
800672 [effective] maintenance and operations rate, the following
801673 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
802- PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES
674+ PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
803675 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
804676 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
805677 APPROXIMATELY $(Insert amount)."
806678 (c) If the governing body of a taxing unit does not adopt a
807679 tax rate before the date required by Subsection (a), the tax rate
808680 for the taxing unit for that tax year is the lower of the
809- no-new-taxes [effective] tax rate calculated for that tax year or
681+ no-new-revenue [effective] tax rate calculated for that tax year or
810682 the tax rate adopted by the taxing unit for the preceding tax year.
811683 A tax rate established by this subsection is treated as an adopted
812684 tax rate. Before the fifth day after the establishment of a tax
813685 rate by this subsection, the governing body of the taxing unit must
814686 ratify the applicable tax rate in the manner required by Subsection
815687 (b).
816688 (d) The governing body of a taxing unit other than a school
817689 district may not adopt a tax rate that exceeds the lower of the
818- rollback tax rate or the no-new-taxes [effective] tax rate
690+ rollback tax rate or the no-new-revenue [effective] tax rate
819691 calculated as provided by this chapter until the governing body has
820692 held two public hearings on the proposed tax rate and has otherwise
821693 complied with Section 26.06 and Section 26.065. The governing body
822694 of a taxing unit shall reduce a tax rate set by law or by vote of the
823- electorate to the lower of the rollback tax rate or the no-new-taxes
824- [effective] tax rate and may not adopt a higher rate unless it first
825- complies with Section 26.06.
826- (e-1) The governing body of a taxing unit that imposes an
827- additional sales and use tax may not adopt the component of the tax
828- rate of the unit described by Subsection (a)(1) of this section
829- until the chief financial officer or the auditor for the unit
830- submits to the governing body of the unit a written certification
831- that the amount of additional sales and use tax revenue that will be
832- used to pay debt service has been deducted from the total amount
833- published under Section 26.04(e)(3)(C) as required by Subsection
834- (a)(1) of this section. The comptroller shall adopt rules
835- governing the form of the certification required by this subsection
836- and the manner in which it is required to be submitted.
695+ electorate to the lower of the rollback tax rate or the
696+ no-new-revenue [effective] tax rate and may not adopt a higher rate
697+ unless it first complies with Section 26.06.
698+ (d-1) The governing body of a taxing unit may not hold a
699+ public hearing on a proposed tax rate or a public meeting to adopt a
700+ tax rate until the 14th day after the date the officer or employee
701+ designated by the governing body of the unit to calculate the
702+ no-new-revenue tax rate and the rollback tax rate for the unit
703+ complies with Section 26.17.
704+ (d-2) Notwithstanding Subsection (a), the governing body of
705+ a taxing unit other than a school district may not adopt a tax rate
706+ until:
707+ (1) the chief appraiser of each appraisal district in
708+ which the taxing unit participates has:
709+ (A) delivered the notice required by Section
710+ 26.04(e-2); and
711+ (B) incorporated the tax rate calculation forms
712+ submitted to the appraisal district under Section 26.17(d)(2) by
713+ the designated officer or employee of the taxing unit into the
714+ property tax database maintained by the chief appraiser and made
715+ them available to the public;
716+ (2) the designated officer or employee of the taxing
717+ unit has entered in the property tax database maintained by the
718+ chief appraiser the information described by Section 26.17(b) for
719+ the current tax year; and
720+ (3) the taxing unit has posted the information
721+ described by Section 26.18 on the Internet website used by the
722+ taxing unit for that purpose.
723+ (e) A person who owns taxable property is entitled to an
724+ injunction restraining the collection of taxes by a taxing unit in
725+ which the property is taxable if the taxing unit has not complied
726+ with the requirements of this section or Section 26.04 [and the
727+ failure to comply was not in good faith]. An action to enjoin the
728+ collection of taxes must be filed not later than the 15th day after
729+ the date the taxing unit adopts a tax rate. A property owner is not
730+ required to pay the taxes imposed by a taxing unit on the owner's
731+ property while an action filed by the property owner to enjoin the
732+ collection of taxes imposed by the taxing unit on the owner's
733+ property is pending. If the property owner pays the taxes and
734+ subsequently prevails in the action, the property owner is entitled
735+ to a refund of the taxes paid, together with reasonable attorney's
736+ fees and court costs. The property owner is not required to apply
737+ to the collector for the taxing unit to receive the refund [prior to
738+ the date a taxing unit delivers substantially all of its tax bills].
837739 (g) Notwithstanding Subsection (a), the governing body of a
838740 school district that elects to adopt a tax rate before the adoption
839741 of a budget for the fiscal year that begins in the current tax year
840742 may adopt a tax rate for the current tax year before receipt of the
841743 certified appraisal roll for the school district if the chief
842744 appraiser of the appraisal district in which the school district
843745 participates has certified to the assessor for the school district
844746 an estimate of the taxable value of property in the school district
845747 as provided by Section 26.01(e). If a school district adopts a tax
846- rate under this subsection, the no-new-taxes [effective] tax rate
748+ rate under this subsection, the no-new-revenue [effective] tax rate
847749 and the rollback tax rate of the district shall be calculated based
848750 on the certified estimate of taxable value.
849- SECTION 28. Section 26.052(e), Tax Code, is amended to read
850- as follows:
751+ SECTION 19. Sections 26.052(c) and (e), Tax Code, are
752+ amended to read as follows:
753+ (c) A taxing unit to which this section applies may provide
754+ public notice of its proposed tax rate in one [either] of the
755+ following methods not later than the seventh day before the date on
756+ which the tax rate is adopted:
757+ (1) mailing a notice of the proposed tax rate to each
758+ owner of taxable property in the taxing unit; [or]
759+ (2) publishing notice of the proposed tax rate in the
760+ legal notices section of a newspaper having general circulation in
761+ the taxing unit; or
762+ (3) posting notice of the proposed tax rate
763+ prominently on the home page of the Internet website maintained by
764+ the taxing unit, if applicable.
851765 (e) Public notice provided under Subsection (c) must
852766 specify:
853767 (1) the tax rate that the governing body proposes to
854768 adopt;
855769 (2) the date, time, and location of the meeting of the
856770 governing body of the taxing unit at which the governing body will
857771 consider adopting the proposed tax rate; and
858772 (3) if the proposed tax rate for the taxing unit
859- exceeds the unit's no-new-taxes [effective] tax rate calculated as
860- provided by Section 26.04, a statement substantially identical to
861- the following: "The proposed tax rate is a tax increase and would
862- increase total taxes in (name of taxing unit) by (percentage by
863- which the proposed tax rate exceeds the no-new-taxes [effective]
864- tax rate)."
865- SECTION 29. Section 26.06, Tax Code, is amended by amending
866- Subsections (b), (d), and (e) and adding Subsections (b-1), (b-2),
867- (b-3), and (b-4) to read as follows:
773+ exceeds the unit's no-new-revenue [effective] tax rate calculated
774+ as provided by Section 26.04, a statement substantially identical
775+ to the following: "The proposed tax rate would increase total taxes
776+ in (name of taxing unit) by (percentage by which the proposed tax
777+ rate exceeds the no-new-revenue [effective] tax rate)."
778+ SECTION 20. Sections 26.06(b), (c), (d), and (e), Tax Code,
779+ are amended to read as follows:
868780 (b) The notice of a public hearing may not be smaller than
869781 one-quarter page of a standard-size or a tabloid-size newspaper,
870782 and the headline on the notice must be in 24-point or larger type.
871- [The notice must contain a statement in the following form:
872- ["NOTICE OF PUBLIC HEARING ON TAX INCREASE
873- ["The (name of the taxing unit) will hold two public hearings
783+ The notice must contain a statement in the following form:
784+ "NOTICE OF PUBLIC HEARING ON TAX INCREASE
785+ "The (name of the taxing unit) will hold two public hearings
874786 on a proposal to increase total tax revenues from properties on the
875787 tax roll in the preceding tax year by (percentage by which proposed
876- tax rate exceeds lower of rollback tax rate or effective tax rate
877- calculated under this chapter) percent. Your individual taxes may
878- increase at a greater or lesser rate, or even decrease, depending on
879- the change in the taxable value of your property in relation to the
880- change in taxable value of all other property and the tax rate that
881- is adopted.
882- ["The first public hearing will be held on (date and time) at
788+ tax rate exceeds lower of rollback tax rate or no-new-revenue
789+ [effective] tax rate calculated under this chapter) percent. Your
790+ individual taxes may increase at a greater or lesser rate, or even
791+ decrease, depending on the tax rate that is adopted and on the
792+ change in the taxable value of your property in relation to the
793+ change in taxable value of all other property [and the tax rate that
794+ is adopted]. The change in the taxable value of your property in
795+ relation to the change in the taxable value of all other property
796+ determines the distribution of the tax burden among all property
797+ owners.
798+ "The first public hearing will be held on (date and time) at
883799 (meeting place).
884- ["The second public hearing will be held on (date and time) at
800+ "The second public hearing will be held on (date and time) at
885801 (meeting place).
886- ["(Names of all members of the governing body, showing how
802+ "(Names of all members of the governing body, showing how
887803 each voted on the proposal to consider the tax increase or, if one
888804 or more were absent, indicating the absences.)
889- ["The average taxable value of a residence homestead in (name
805+ "The average taxable value of a residence homestead in (name
890806 of taxing unit) last year was $____ (average taxable value of a
891807 residence homestead in the taxing unit for the preceding tax year,
892808 disregarding residence homestead exemptions available only to
893809 disabled persons or persons 65 years of age or older). Based on
894810 last year's tax rate of $____ (preceding year's adopted tax rate)
895811 per $100 of taxable value, the amount of taxes imposed last year on
896812 the average home was $____ (tax on average taxable value of a
897813 residence homestead in the taxing unit for the preceding tax year,
898814 disregarding residence homestead exemptions available only to
899815 disabled persons or persons 65 years of age or older).
900- ["The average taxable value of a residence homestead in (name
816+ "The average taxable value of a residence homestead in (name
901817 of taxing unit) this year is $____ (average taxable value of a
902818 residence homestead in the taxing unit for the current tax year,
903819 disregarding residence homestead exemptions available only to
904820 disabled persons or persons 65 years of age or older). If the
905- governing body adopts the effective tax rate for this year of $____
906- (effective tax rate) per $100 of taxable value, the amount of taxes
907- imposed this year on the average home would be $____ (tax on average
908- taxable value of a residence homestead in the taxing unit for the
909- current tax year, disregarding residence homestead exemptions
910- available only to disabled persons or persons 65 years of age or
911- older).
912- ["If the governing body adopts the proposed tax rate of $____
821+ governing body adopts the no-new-revenue [effective] tax rate for
822+ this year of $____ (no-new-revenue [effective] tax rate) per $100
823+ of taxable value, the amount of taxes imposed this year on the
824+ average home would be $____ (tax on average taxable value of a
825+ residence homestead in the taxing unit for the current tax year,
826+ disregarding residence homestead exemptions available only to
827+ disabled persons or persons 65 years of age or older).
828+ "If the governing body adopts the proposed tax rate of $____
913829 (proposed tax rate) per $100 of taxable value, the amount of taxes
914830 imposed this year on the average home would be $____ (tax on the
915831 average taxable value of a residence in the taxing unit for the
916832 current year disregarding residence homestead exemptions available
917833 only to disabled persons or persons 65 years of age or older).
918- ["Members of the public are encouraged to attend the hearings
919- and express their views."]
920- (b-1) If the proposed tax rate exceeds the no-new-taxes tax
921- rate and the rollback tax rate of the taxing unit, the notice must
922- contain a statement in the following form:
923- "NOTICE OF PUBLIC HEARING ON TAX INCREASE
924- "PROPOSED TAX RATE $__________per $100
925- "NO-NEW-TAXES RATE $__________per $100
926- "ROLLBACK TAX RATE $__________per $100
927- "The no-new-taxes rate is the tax rate for the (current tax
928- year) tax year that will raise the same amount of property tax
929- revenue for (name of taxing unit) from the same properties in both
930- the (preceding tax year) tax year and the (current tax year) tax
931- year.
932- "The rollback tax rate is the highest tax rate that (name of
933- taxing unit) may adopt without holding an election to ratify the
934- rate.
935- "The proposed tax rate is greater than the no-new-taxes rate.
936- This means that (name of taxing unit) is proposing to increase
937- property taxes for the (current tax year) tax year.
938- "A public hearing on the proposed tax rate will be held on
939- (date and time) at (meeting place).
940- "A second public hearing will be held on (date and time) at
941- (meeting place).
942- "The proposed tax rate is also greater than the rollback tax
943- rate. If (name of taxing unit) adopts the proposed tax rate, (name
944- of taxing unit) is required to hold an election so that voters may
945- accept or reject the proposed tax rate. If a majority of voters
946- reject the proposed tax rate, the (name of taxing unit) will be
947- required to adopt a new tax rate that is not greater than the
948- rollback tax rate. The election will be held on (date of election).
949- You may contact the (name of office responsible for administering
950- the election) for information about voting locations. The hours of
951- voting on election day are (voting hours).
952- "Your taxes owed under any of the tax rates mentioned above
953- can be calculated as follows:
954- "Property tax amount = tax rate x taxable value of your
955- property / 100
956- "(Names of all members of the governing body, showing how
957- each voted on the proposal to consider the tax increase or, if one
958- or more were absent, indicating the absences.)"
959- (b-2) If the proposed tax rate exceeds the no-new-taxes tax
960- rate but does not exceed the rollback tax rate of the taxing unit,
961- the notice must contain a statement in the following form:
962- "NOTICE OF PUBLIC HEARING ON TAX INCREASE
963- "PROPOSED TAX RATE $__________per $100
964- "NO-NEW-TAXES RATE $__________per $100
965- "ROLLBACK TAX RATE $__________per $100
966- "The no-new-taxes rate is the tax rate for the (current tax
967- year) tax year that will raise the same amount of property tax
968- revenue for (name of taxing unit) from the same properties in both
969- the (preceding tax year) tax year and the (current tax year) tax
970- year.
971- "The rollback tax rate is the highest tax rate that (name of
972- taxing unit) may adopt without holding an election to ratify the
973- rate.
974- "The proposed tax rate is greater than the no-new-taxes rate.
975- This means that (name of taxing unit) is proposing to increase
976- property taxes for the (current tax year) tax year.
977- "A public hearing on the proposed tax rate will be held on
978- (date and time) at (meeting place).
979- "A second public hearing will be held on (date and time) at
980- (meeting place).
981- "The proposed tax rate is not greater than the rollback tax
982- rate. As a result, (name of taxing unit) is not required to hold an
983- election at which voters may accept or reject the proposed tax rate.
984- However, you may express your support for or opposition to the
985- proposed tax rate by contacting the members of the (name of
986- governing body) of (name of taxing unit) at their offices or by
987- attending one of the public hearings mentioned above.
988- "Your taxes owed under any of the tax rates mentioned above
989- can be calculated as follows:
990- "Property tax amount = tax rate x taxable value of your
991- property / 100
992- "(Names of all members of the governing body, showing how
993- each voted on the proposal to consider the tax increase or, if one
994- or more were absent, indicating the absences.)"
995- (b-3) If the proposed tax rate does not exceed the
996- no-new-taxes tax rate but exceeds the rollback tax rate of the
997- taxing unit, the notice must contain a statement in the following
998- form:
999- "NOTICE OF PUBLIC HEARING ON TAX INCREASE
1000- "PROPOSED TAX RATE $__________per $100
1001- "NO-NEW-TAXES RATE $__________per $100
1002- "ROLLBACK TAX RATE $__________per $100
1003- "The no-new-taxes rate is the tax rate for the (current tax
1004- year) tax year that will raise the same amount of property tax
1005- revenue for (name of taxing unit) from the same properties in both
1006- the (preceding tax year) tax year and the (current tax year) tax
1007- year.
1008- "The rollback tax rate is the highest tax rate that (name of
1009- taxing unit) may adopt without holding an election to ratify the
1010- rate.
1011- "The proposed tax rate is not greater than the no-new-taxes
1012- rate. This means that (name of taxing unit) is not proposing to
1013- increase property taxes for the (current tax year) tax year.
1014- "A public hearing on the proposed tax rate will be held on
1015- (date and time) at (meeting place).
1016- "A second public hearing will be held on (date and time) at
1017- (meeting place).
1018- "The proposed tax rate is greater than the rollback tax rate.
1019- If (name of taxing unit) adopts the proposed tax rate, (name of
1020- taxing unit) is required to hold an election so that voters may
1021- accept or reject the proposed tax rate. If a majority of voters
1022- reject the proposed tax rate, the (name of taxing unit) will be
1023- required to adopt a new tax rate that is not greater than the
1024- rollback tax rate. The election will be held on (date of election).
1025- You may contact the (name of office responsible for administering
1026- the election) for information about voting locations. The hours of
1027- voting on election day are (voting hours).
1028- "Your taxes owed under any of the tax rates mentioned above
1029- can be calculated as follows:
1030- "Property tax amount = tax rate x taxable value of your
1031- property / 100
1032- "(Names of all members of the governing body, showing how
1033- each voted on the proposal to consider the tax increase or, if one
1034- or more were absent, indicating the absences.)"
1035- (b-4) In addition to including the information described by
1036- Subsection (b-1), (b-2), or (b-3), as applicable, the notice must
1037- include the information described by Section 26.062.
834+ "Members of the public are encouraged to attend the hearings
835+ and express their views."
836+ (c) The notice of a public hearing under this section may be
837+ delivered by mail to each property owner in the unit, [or may be]
838+ published in a newspaper, or posted prominently on the home page of
839+ the Internet website operated by the unit, if applicable. If the
840+ notice is published in a newspaper, it may not be in the part of the
841+ paper in which legal notices and classified advertisements appear.
842+ If the taxing unit posts the notice on [operates] an Internet
843+ website operated by the unit, the notice must be posted on the
844+ website from the date the notice is first posted [published] until
845+ the second public hearing is concluded.
1038846 (d) At the public hearings the governing body shall announce
1039847 the date, time, and place of the meeting at which it will vote on the
1040848 proposed tax rate. After each hearing the governing body shall give
1041849 notice of the meeting at which it will vote on the proposed tax rate
1042850 and the notice shall be in the same form as prescribed by
1043851 Subsections (b) and (c), except that it must state the following:
1044852 "NOTICE OF TAX REVENUE INCREASE
1045853 "The (name of the taxing unit) conducted public hearings on
1046854 (date of first hearing) and (date of second hearing) on a proposal
1047855 to increase the total tax revenues of the (name of the taxing unit)
1048856 from properties on the tax roll in the preceding year by (percentage
1049857 by which proposed tax rate exceeds lower of rollback tax rate or
1050- no-new-taxes [effective tax] rate calculated under this chapter)
858+ no-new-revenue [effective] tax rate calculated under this chapter)
1051859 percent.
1052860 "The total tax revenue proposed to be raised last year at last
1053861 year's tax rate of (insert tax rate for the preceding year) for each
1054862 $100 of taxable value was (insert total amount of taxes imposed in
1055863 the preceding year).
1056864 "The total tax revenue proposed to be raised this year at the
1057865 proposed tax rate of (insert proposed tax rate) for each $100 of
1058866 taxable value, excluding tax revenue to be raised from new property
1059867 added to the tax roll this year, is (insert amount computed by
1060868 multiplying proposed tax rate by the difference between current
1061869 total value and new property value).
1062870 "The total tax revenue proposed to be raised this year at the
1063871 proposed tax rate of (insert proposed tax rate) for each $100 of
1064872 taxable value, including tax revenue to be raised from new property
1065873 added to the tax roll this year, is (insert amount computed by
1066874 multiplying proposed tax rate by current total value).
1067875 "The (governing body of the taxing unit) is scheduled to vote
1068876 on the tax rate that will result in that tax increase at a public
1069877 meeting to be held on (date of meeting) at (location of meeting,
1070878 including mailing address) at (time of meeting).
1071879 "The (governing body of the taxing unit) proposes to use the
1072880 increase in total tax revenue for the purpose of (description of
1073881 purpose of increase)."
1074882 (e) The meeting to vote on the tax increase may not be
1075- earlier than the third day or later than the seventh [14th] day
1076- after the date of the second public hearing. The meeting must be
1077- held inside the boundaries of the taxing unit in a publicly owned
1078- building or, if a suitable publicly owned building is not
1079- available, in a suitable building to which the public normally has
1080- access. If the governing body does not adopt a tax rate that
1081- exceeds the lower of the rollback tax rate or the no-new-taxes
1082- [effective] tax rate by the seventh [14th] day, it must give a new
1083- notice under Subsection (d) before it may adopt a rate that exceeds
1084- the lower of the rollback tax rate or the no-new-taxes [effective]
1085- tax rate.
1086- SECTION 30. Chapter 26, Tax Code, is amended by adding
1087- Sections 26.061 and 26.062 to read as follows:
1088- Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE
1089- THAT DOES NOT EXCEED LOWER OF NO-NEW-TAXES OR ROLLBACK TAX RATE.
1090- (a) This section applies only to the governing body of a taxing
1091- unit other than a school district that proposes to adopt a tax rate
1092- that does not exceed the lower of the no-new-taxes tax rate or the
1093- rollback tax rate calculated as provided by this chapter.
1094- (b) The notice of the meeting at which the governing body of
1095- the taxing unit will vote on the proposed tax rate must contain a
1096- statement in the following form:
1097- "NOTICE OF MEETING TO VOTE ON TAX RATE
1098- "PROPOSED TAX RATE $__________per $100
1099- "NO-NEW-TAXES RATE $__________per $100
1100- "ROLLBACK TAX RATE $__________per $100
1101- "The no-new-taxes rate is the tax rate for the (current tax
1102- year) tax year that will raise the same amount of property tax
1103- revenue for (name of taxing unit) from the same properties in both
1104- the (preceding tax year) tax year and the (current tax year) tax
1105- year.
1106- "The rollback tax rate is the highest tax rate that (name of
1107- taxing unit) may adopt without holding an election to ratify the
1108- rate.
1109- "The proposed tax rate is not greater than the no-new-taxes
1110- rate. This means that (name of taxing unit) is not proposing to
1111- increase property taxes for the (current tax year) tax year.
1112- "A public meeting to vote on the proposed tax rate will be
1113- held on (date and time) at (meeting place).
1114- "The proposed tax rate is also not greater than the rollback
1115- tax rate. As a result, (name of taxing unit) is not required to hold
1116- an election at which voters may accept or reject the proposed tax
1117- rate. However, you may express your support for or opposition to
1118- the proposed tax rate by contacting the members of the (name of
1119- governing body) of (name of taxing unit) at their offices or by
1120- attending the public meeting mentioned above.
1121- "Your taxes owed under any of the above rates can be
1122- calculated as follows:
1123- "Property tax amount = tax rate x taxable value of your
1124- property / 100
1125- "(Names of all members of the governing body, showing how
1126- each voted on the proposed tax rate or, if one or more were absent,
1127- indicating the absences.)"
1128- (c) In addition to including the information described by
1129- Subsection (b), the notice must include the information described
1130- by Section 26.062.
1131- Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX
1132- RATE NOTICE. (a) In addition to the information described by
1133- Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a
1134- notice required by that provision must include at the end of the
1135- notice:
1136- (1) a statement in the following form:
1137- "The following table compares the taxes imposed on the
1138- average residence homestead by (name of taxing unit) last year to
1139- the taxes proposed to be imposed on the average residence homestead
1140- by (name of taxing unit) this year:";
1141- (2) a table in the form required by this section
1142- following the statement described by Subdivision (1); and
1143- (3) a statement in the following form following the
1144- table:
1145- (A) if the tax assessor for the taxing unit
1146- maintains an Internet website: "For assistance with tax
1147- calculations, please contact the tax assessor for (name of taxing
1148- unit) at (telephone number) or (e-mail address), or visit (Internet
1149- website address) for more information."; or
1150- (B) if the tax assessor for the taxing unit does
1151- not maintain an Internet website: "For assistance with tax
1152- calculations, please contact the tax assessor for (name of taxing
1153- unit) at (telephone number) or (e-mail address)."
1154- (b) The table must contain five rows and four columns.
1155- (c) The first row must appear as follows:
1156- (1) the first column of the first row must be left
1157- blank;
1158- (2) the second column of the first row must state the
1159- year corresponding to the preceding tax year;
1160- (3) the third column of the first row must state the
1161- year corresponding to the current tax year; and
1162- (4) the fourth column of the first row must be entitled
1163- "Change".
1164- (d) The second row must appear as follows:
1165- (1) the first column of the second row must be entitled
1166- "Total tax rate (per $100 of value)";
1167- (2) the second column of the second row must state the
1168- adopted tax rate for the preceding tax year;
1169- (3) the third column of the second row must state the
1170- proposed tax rate for the current tax year; and
1171- (4) the fourth column of the second row must state the
1172- nominal and percentage difference between the adopted tax rate for
1173- the preceding tax year and the proposed tax rate for the current tax
1174- year as follows: "(increase or decrease, as applicable) of
1175- (nominal difference between tax rate stated in second column of
1176- second row and tax rate stated in third column of second row) per
1177- $100, or (percentage difference between tax rate stated in second
1178- column of second row and tax rate stated in third column of second
1179- row)%".
1180- (e) The third row must appear as follows:
1181- (1) the first column of the third row must be entitled
1182- "Average homestead taxable value";
1183- (2) the second column of the third row must state the
1184- average taxable value of a residence homestead in the taxing unit
1185- for the preceding tax year;
1186- (3) the third column of the third row must state the
1187- average taxable value of a residence homestead in the taxing unit
1188- for the current tax year; and
1189- (4) the fourth column of the third row must state the
1190- percentage difference between the average taxable value of a
1191- residence homestead in the taxing unit for the preceding tax year
1192- and the average taxable value of a residence homestead in the taxing
1193- unit for the current tax year as follows: "(increase or decrease,
1194- as applicable) of (percentage difference between amount stated in
1195- second column of third row and amount stated in third column of
1196- third row)%".
1197- (f) The fourth row must appear as follows:
1198- (1) the first column of the fourth row must be entitled
1199- "Tax on average homestead";
1200- (2) the second column of the fourth row must state the
1201- amount of taxes imposed by the taxing unit in the preceding tax year
1202- on a residence homestead with a taxable value equal to the average
1203- taxable value of a residence homestead in the taxing unit in the
1204- preceding tax year;
1205- (3) the third column of the fourth row must state the
1206- amount of taxes that would be imposed by the taxing unit in the
1207- current tax year on a residence homestead with a taxable value equal
1208- to the average taxable value of a residence homestead in the taxing
1209- unit in the current tax year if the taxing unit adopted the proposed
1210- tax rate; and
1211- (4) the fourth column of the fourth row must state the
1212- nominal and percentage difference between the amount of taxes
1213- imposed by the taxing unit in the preceding tax year on a residence
1214- homestead with a taxable value equal to the average taxable value of
1215- a residence homestead in the taxing unit in the preceding tax year
1216- and the amount of taxes that would be imposed by the taxing unit in
1217- the current tax year on a residence homestead with a taxable value
1218- equal to the average taxable value of a residence homestead in the
1219- taxing unit in the current tax year if the taxing unit adopted the
1220- proposed tax rate, as follows: "(increase or decrease, as
1221- applicable) of (nominal difference between amount stated in second
1222- column of fourth row and amount stated in third column of fourth
1223- row), or (percentage difference between amount stated in second
1224- column of fourth row and amount stated in third column of fourth
1225- row)%".
1226- (g) The fifth row must appear as follows:
1227- (1) the first column of the fifth row must be entitled
1228- "Total tax levy on all properties";
1229- (2) the second column of the fifth row must state the
1230- amount equal to last year's levy;
1231- (3) the third column of the fifth row must state the
1232- amount computed by multiplying the proposed tax rate by the current
1233- total value and dividing the product by 100; and
1234- (4) the fourth column of the fifth row must state the
1235- nominal and percentage difference between the total amount of taxes
1236- imposed by the taxing unit in the preceding tax year and the amount
1237- that would be imposed by the taxing unit in the current tax year if
1238- the taxing unit adopted the proposed tax rate, as follows:
1239- "(increase or decrease, as applicable) of (nominal difference
1240- between amount stated in second column of fifth row and amount
1241- stated in third column of fifth row), or (percentage difference
1242- between amount stated in second column of fifth row and amount
1243- stated in third column of fifth row)%".
1244- (h) In calculating the average taxable value of a residence
1245- homestead in the taxing unit for the preceding tax year and the
1246- current tax year for purposes of Subsections (e) and (f), any
1247- residence homestead exemption available only to disabled persons,
1248- persons 65 years of age or older, or their surviving spouses must be
1249- disregarded.
1250- SECTION 31. The heading to Section 26.08, Tax Code, is
883+ earlier than the third day or later than the 14th day after the date
884+ of the second public hearing. The meeting must be held inside the
885+ boundaries of the taxing unit in a publicly owned building or, if a
886+ suitable publicly owned building is not available, in a suitable
887+ building to which the public normally has access. If the governing
888+ body does not adopt a tax rate that exceeds the lower of the
889+ rollback tax rate or the no-new-revenue [effective] tax rate by the
890+ 14th day, it must give a new notice under Subsection (d) before it
891+ may adopt a rate that exceeds the lower of the rollback tax rate or
892+ the no-new-revenue [effective] tax rate.
893+ SECTION 21. Section 26.065(b), Tax Code, is amended to read
894+ as follows:
895+ (b) If the taxing unit owns, operates, or controls an
896+ Internet website, the unit shall post notice of the public hearing
897+ prominently on the home page of the website continuously for at
898+ least seven days immediately before the public hearing on the
899+ proposed tax rate increase and at least seven days immediately
900+ before the date of the vote proposing the increase in the tax rate.
901+ SECTION 22. Sections 26.08(g), (n), and (p), Tax Code, are
1251902 amended to read as follows:
1252- Sec. 26.08. ELECTION TO RATIFY TAX RATE [SCHOOL TAXES].
1253- SECTION 32. Sections 26.08(a), (b), (d), (d-1), (d-2), (e),
1254- (g), (h), (n), and (p), Tax Code, are amended to read as follows:
1255- (a) If the governing body of a taxing unit [school district]
1256- adopts a tax rate that exceeds the taxing unit's [district's]
1257- rollback tax rate, the registered voters of the taxing unit
1258- [district] at an election held for that purpose must determine
1259- whether to approve the adopted tax rate. When increased
1260- expenditure of money by a taxing unit [school district] is
1261- necessary to respond to a disaster, including a tornado, hurricane,
1262- flood, or other calamity, but not including a drought, that has
1263- impacted the taxing unit [a school district] and the governor has
1264- requested federal disaster assistance for the area in which the
1265- taxing unit [school district] is located, an election is not
1266- required under this section to approve the tax rate adopted by the
1267- governing body for the year following the year in which the disaster
1268- occurs.
1269- (b) The governing body shall order that the election be held
1270- in the taxing unit [school district] on the uniform election date
1271- prescribed by [a date not less than 30 or more than 90 days after the
1272- day on which it adopted the tax rate.] Section 41.001, Election
1273- Code, that occurs in November of the applicable tax year. The order
1274- calling the election may not be issued later than August 15 [does
1275- not apply to the election unless a date specified by that section
1276- falls within the time permitted by this section]. At the election,
1277- the ballots shall be prepared to permit voting for or against the
1278- proposition: "Approving the ad valorem tax rate of $_____ per $100
1279- valuation in (name of taxing unit [school district]) for the
1280- current year, a rate that is $_____ higher per $100 valuation than
1281- the [school district] rollback tax rate of (name of taxing unit),
1282- for the purpose of (description of purpose of increase)." The
1283- ballot proposition must include the adopted tax rate and the
1284- difference between that rate and the rollback tax rate in the
1285- appropriate places.
1286- (d) If the proposition is not approved as provided by
1287- Subsection (c), the governing body may not adopt a tax rate for the
1288- taxing unit [school district] for the current year that exceeds the
1289- taxing unit's [school district's] rollback tax rate.
1290- (d-1) If, after tax bills for the taxing unit [school
1291- district] have been mailed, a proposition to approve the taxing
1292- unit's [school district's] adopted tax rate is not approved by the
1293- voters of the taxing unit [district] at an election held under this
1294- section, on subsequent adoption of a new tax rate by the governing
1295- body of the taxing unit [district], the assessor for the taxing unit
1296- [school] shall prepare and mail corrected tax bills. The assessor
1297- shall include with each bill a brief explanation of the reason for
1298- and effect of the corrected bill. The date on which the taxes
1299- become delinquent for the year is extended by a number of days equal
1300- to the number of days between the date the first tax bills were sent
1301- and the date the corrected tax bills were sent.
1302- (d-2) If a property owner pays taxes calculated using the
1303- originally adopted tax rate of the taxing unit [school district]
1304- and the proposition to approve the adopted tax rate is not approved
1305- by the voters, the taxing unit [school district] shall refund the
1306- difference between the amount of taxes paid and the amount due under
1307- the subsequently adopted rate if the difference between the amount
1308- of taxes paid and the amount due under the subsequent rate is $1 or
1309- more. If the difference between the amount of taxes paid and the
1310- amount due under the subsequent rate is less than $1, the taxing
1311- unit [school district] shall refund the difference on request of
1312- the taxpayer. An application for a refund of less than $1 must be
1313- made within 90 days after the date the refund becomes due or the
1314- taxpayer forfeits the right to the refund.
1315- (e) For purposes of this section, local tax funds dedicated
1316- to a junior college district under Section 45.105(e), Education
1317- Code, shall be eliminated from the calculation of the tax rate
1318- adopted by the governing body of a [the] school district. However,
1319- the funds dedicated to the junior college district are subject to
1320- Section 26.085.
1321903 (g) In a school district that received distributions from an
1322904 equalization tax imposed under former Chapter 18, Education Code,
1323- the no-new-taxes tax [effective] rate of that tax as of the date of
905+ the no-new-revenue [effective] rate of that tax as of the date of
1324906 the county unit system's abolition is added to the district's
1325907 rollback tax rate.
1326- (h) For purposes of this section, increases in taxable
1327- values and tax levies occurring within a reinvestment zone under
1328- Chapter 311 (Tax Increment Financing Act), in which a school [the]
1329- district is a participant, shall be eliminated from the calculation
1330- of the tax rate adopted by the governing body of the school
1331- district.
1332908 (n) For purposes of this section, the rollback tax rate of a
1333909 school district whose maintenance and operations tax rate for the
1334910 2005 tax year was $1.50 or less per $100 of taxable value is:
1335911 (1) for the 2006 tax year, the sum of the rate that is
1336912 equal to 88.67 percent of the maintenance and operations tax rate
1337913 adopted by the district for the 2005 tax year, the rate of $0.04 per
1338914 $100 of taxable value, and the district's current debt rate; and
1339915 (2) for the 2007 and subsequent tax years, the lesser
1340916 of the following:
1341917 (A) the sum of the following:
1342918 (i) the rate per $100 of taxable value that
1343919 is equal to the product of the state compression percentage, as
1344920 determined under Section 42.2516, Education Code, for the current
1345921 year and $1.50;
1346922 (ii) the rate of $0.04 per $100 of taxable
1347923 value;
1348924 (iii) the rate that is equal to the sum of
1349925 the differences for the 2006 and each subsequent tax year between
1350926 the adopted tax rate of the district for that year if the rate was
1351927 approved at an election under this section and the rollback tax rate
1352928 of the district for that year; and
1353929 (iv) the district's current debt rate; or
1354930 (B) the sum of the following:
1355- (i) the no-new-taxes [effective]
931+ (i) the no-new-revenue [effective]
1356932 maintenance and operations tax rate of the district as computed
1357933 under Subsection (i) [or (k), as applicable];
1358934 (ii) the rate per $100 of taxable value that
1359935 is equal to the product of the state compression percentage, as
1360936 determined under Section 42.2516, Education Code, for the current
1361937 year and $0.06; and
1362938 (iii) the district's current debt rate.
1363939 (p) Notwithstanding Subsections (i), (n), and (o), if for
1364940 the preceding tax year a school district adopted a maintenance and
1365- operations tax rate that was less than the district's no-new-taxes
1366- [effective] maintenance and operations tax rate for that preceding
1367- tax year, the rollback tax rate of the district for the current tax
1368- year is calculated as if the district adopted a maintenance and
1369- operations tax rate for the preceding tax year that was equal to the
1370- district's no-new-taxes [effective] maintenance and operations tax
1371- rate for that preceding tax year.
1372- SECTION 33. Section 26.08(i), Tax Code, as effective
941+ operations tax rate that was less than the district's
942+ no-new-revenue [effective] maintenance and operations tax rate for
943+ that preceding tax year, the rollback tax rate of the district for
944+ the current tax year is calculated as if the district adopted a
945+ maintenance and operations tax rate for the preceding tax year that
946+ was equal to the district's no-new-revenue [effective] maintenance
947+ and operations tax rate for that preceding tax year.
948+ SECTION 23. Section 26.08(i), Tax Code, as effective
1373949 September 1, 2017, is amended to read as follows:
1374- (i) For purposes of this section, the no-new-taxes
950+ (i) For purposes of this section, the no-new-revenue
1375951 [effective] maintenance and operations tax rate of a school
1376952 district is the tax rate that, applied to the current total value
1377953 for the district, would impose taxes in an amount that, when added
1378954 to state funds that would be distributed to the district under
1379955 Chapter 42, Education Code, for the school year beginning in the
1380956 current tax year using that tax rate, would provide the same amount
1381957 of state funds distributed under Chapter 42, Education Code, and
1382958 maintenance and operations taxes of the district per student in
1383959 weighted average daily attendance for that school year that would
1384960 have been available to the district in the preceding year if the
1385961 funding elements for Chapters 41 and 42, Education Code, for the
1386962 current year had been in effect for the preceding year.
1387- SECTION 34. The heading to Section 26.16, Tax Code, is
1388- amended to read as follows:
1389- Sec. 26.16. POSTING OF TAX-RELATED INFORMATION [TAX RATES]
1390- ON COUNTY'S INTERNET WEBSITE.
1391- SECTION 35. Section 26.16, Tax Code, is amended by amending
1392- Subsections (a) and (d) and adding Subsections (a-1), (d-1), and
1393- (d-2) to read as follows:
1394- (a) Each county shall maintain an Internet website. The
1395- county assessor-collector for each county [that maintains an
1396- Internet website] shall post on the Internet website maintained by
1397- [of] the county the following information for the most recent five
1398- tax years beginning with the 2012 tax year for each taxing unit all
1399- or part of the territory of which is located in the county:
963+ SECTION 24. Section 26.16, Tax Code, is amended by amending
964+ Subsections (a) and (d) and adding Subsection (a-1) to read as
965+ follows:
966+ (a) The county assessor-collector for each county that
967+ maintains an Internet website shall post on the website of the
968+ county the following information for the most recent five tax years
969+ beginning with the 2012 tax year for each taxing unit all or part of
970+ the territory of which is located in the county:
1400971 (1) the adopted tax rate;
1401972 (2) the maintenance and operations rate;
1402973 (3) the debt rate;
1403- (4) the no-new-taxes [effective] tax rate;
1404- (5) the no-new-taxes [effective] maintenance and
974+ (4) the no-new-revenue [effective] tax rate;
975+ (5) the no-new-revenue [effective] maintenance and
1405976 operations rate; and
1406977 (6) the rollback tax rate.
1407978 (a-1) For purposes of Subsection (a), a reference to the
1408- no-new-taxes tax rate or the no-new-taxes maintenance and
979+ no-new-revenue tax rate or the no-new-revenue maintenance and
1409980 operations rate includes the equivalent effective tax rate or
1410981 effective maintenance and operations rate for a preceding year.
1411982 This subsection expires January 1, 2024.
1412983 (d) The county assessor-collector shall post immediately
1413984 below the table prescribed by Subsection (c) the following
1414985 statement:
1415986 "The county is providing this table of property tax rate
1416987 information as a service to the residents of the county. Each
1417988 individual taxing unit is responsible for calculating the property
1418989 tax rates listed in this table pertaining to that taxing unit and
1419990 providing that information to the county.
1420991 "The adopted tax rate is the tax rate adopted by the governing
1421992 body of a taxing unit.
1422993 "The maintenance and operations rate is the component of the
1423994 adopted tax rate of a taxing unit that will impose the amount of
1424995 taxes needed to fund maintenance and operation expenditures of the
1425996 unit for the following year.
1426997 "The debt rate is the component of the adopted tax rate of a
1427998 taxing unit that will impose the amount of taxes needed to fund the
1428999 unit's debt service for the following year.
1429- "The no-new-taxes [effective tax] rate is the tax rate that
1000+ "The no-new-revenue [effective] tax rate is the tax rate that
14301001 would generate the same amount of revenue in the current tax year as
14311002 was generated by a taxing unit's adopted tax rate in the preceding
14321003 tax year from property that is taxable in both the current tax year
14331004 and the preceding tax year.
1434- "The no-new-taxes [effective] maintenance and operations
1005+ "The no-new-revenue [effective] maintenance and operations
14351006 rate is the tax rate that would generate the same amount of revenue
14361007 for maintenance and operations in the current tax year as was
14371008 generated by a taxing unit's maintenance and operations rate in the
14381009 preceding tax year from property that is taxable in both the current
14391010 tax year and the preceding tax year.
14401011 "The rollback tax rate is the highest tax rate a taxing unit
1441- may adopt before requiring voter approval at an election. An [In
1442- the case of a taxing unit other than a school district, the voters
1443- by petition may require that a rollback election be held if the unit
1012+ may adopt before requiring voter approval at an election. In the
1013+ case of a taxing unit other than a school district, the voters by
1014+ petition may require that a rollback election be held if the unit
14441015 adopts a tax rate in excess of the unit's rollback tax rate. In the
1445- case of a school district, an] election will automatically be held
1446- if a taxing unit [the district] wishes to adopt a tax rate in excess
1447- of the unit's [district's] rollback tax rate."
1448- (d-1) In addition to posting the information described by
1449- Subsection (a), the county assessor-collector shall post on the
1450- Internet website of the county for each taxing unit all or part of
1451- the territory of which is located in the county:
1452- (1) the worksheets used by the designated officer or
1453- employee of each taxing unit to calculate the no-new-taxes and
1454- rollback tax rates of the unit for the most recent five tax years;
1016+ case of a school district, an election will automatically be held if
1017+ the district wishes to adopt a tax rate in excess of the district's
1018+ rollback tax rate."
1019+ SECTION 25. Chapter 26, Tax Code, is amended by adding
1020+ Sections 26.17 and 26.18 to read as follows:
1021+ Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION.
1022+ (a) The chief appraiser of each appraisal district shall create and
1023+ maintain a property tax database that:
1024+ (1) is identified by the name of the county in which
1025+ the appraisal district is established instead of the name of the
1026+ appraisal district;
1027+ (2) contains information that is provided by
1028+ designated officers or employees of the taxing units that are
1029+ located in the appraisal district in the manner required by rules
1030+ adopted by the comptroller;
1031+ (3) is continuously updated as preliminary and revised
1032+ data become available to and are provided by the designated
1033+ officers or employees of taxing units;
1034+ (4) is accessible to the public; and
1035+ (5) is searchable by property address and owner.
1036+ (b) The database must include, with respect to each property
1037+ listed on the appraisal roll for the appraisal district:
1038+ (1) the property's identification number;
1039+ (2) the property's market value;
1040+ (3) the property's taxable value;
1041+ (4) the name of each taxing unit in which the property
1042+ is located;
1043+ (5) for each taxing unit other than a school district
1044+ in which the property is located:
1045+ (A) the no-new-revenue tax rate; and
1046+ (B) the rollback tax rate;
1047+ (6) for each school district in which the property is
1048+ located:
1049+ (A) the rate to maintain the same amount of state
1050+ and local revenue per weighted student that the district received
1051+ in the school year beginning in the preceding tax year; and
1052+ (B) the rollback tax rate;
1053+ (7) the tax rate proposed by the governing body of each
1054+ taxing unit in which the property is located;
1055+ (8) for each taxing unit other than a school district
1056+ in which the property is located, the taxes that would be imposed on
1057+ the property if the unit adopted a tax rate equal to:
1058+ (A) the no-new-revenue tax rate; and
1059+ (B) the proposed tax rate;
1060+ (9) for each school district in which the property is
1061+ located, the taxes that would be imposed on the property if the
1062+ district adopted a tax rate equal to:
1063+ (A) the rate to maintain the same amount of state
1064+ and local revenue per weighted student that the district received
1065+ in the school year beginning in the preceding tax year; and
1066+ (B) the proposed tax rate;
1067+ (10) for each taxing unit other than a school district
1068+ in which the property is located, the difference between the amount
1069+ calculated under Subdivision (8)(A) and the amount calculated under
1070+ Subdivision (8)(B);
1071+ (11) for each school district in which the property is
1072+ located, the difference between the amount calculated under
1073+ Subdivision (9)(A) and the amount calculated under Subdivision
1074+ (9)(B);
1075+ (12) the date and location of each public hearing, if
1076+ applicable, on the proposed tax rate to be held by the governing
1077+ body of each taxing unit in which the property is located; and
1078+ (13) the date and location of the public meeting at
1079+ which the tax rate will be adopted to be held by the governing body
1080+ of each taxing unit in which the property is located.
1081+ (c) The database must provide a link to the Internet website
1082+ used by each taxing unit in which the property is located to post
1083+ the information described by Section 26.18.
1084+ (d) The officer or employee designated by the governing body
1085+ of each taxing unit to calculate the no-new-revenue tax rate and the
1086+ rollback tax rate for the unit must electronically:
1087+ (1) enter in the database the information described by
1088+ Subsection (b) as the information becomes available; and
1089+ (2) submit to the appraisal district the tax rate
1090+ calculation forms prepared under Section 26.04(d-1) at the same
1091+ time the designated officer or employee submits the tax rates to the
1092+ governing body of the unit under Section 26.04(e).
1093+ (e) The chief appraiser shall deliver by e-mail to the
1094+ designated officer or employee confirmation of receipt of the tax
1095+ rate calculation forms submitted under Subsection (d)(2). The
1096+ chief appraiser shall incorporate the forms into the database and
1097+ make them available to the public not later than the third day after
1098+ the date the chief appraiser receives them.
1099+ Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY
1100+ TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet
1101+ website or have access to a generally accessible Internet website
1102+ that may be used for the purposes of this section. Each taxing unit
1103+ shall post or cause to be posted on the Internet website the
1104+ following information in a format prescribed by the comptroller:
1105+ (1) the name of each member of the governing body of
1106+ the taxing unit;
1107+ (2) the mailing address, e-mail address, and telephone
1108+ number of the taxing unit;
1109+ (3) the official contact information for each member
1110+ of the governing body of the taxing unit, if that information is
1111+ different from the information described by Subdivision (2);
1112+ (4) the taxing unit's budget for the preceding two
1113+ years;
1114+ (5) the taxing unit's proposed or adopted budget for
1115+ the current year;
1116+ (6) the change in the amount of the taxing unit's
1117+ budget from the preceding year to the current year, by dollar amount
1118+ and percentage;
1119+ (7) in the case of a taxing unit other than a school
1120+ district, the amount of property tax revenue budgeted for
1121+ maintenance and operations for:
1122+ (A) the preceding two years; and
1123+ (B) the current year;
1124+ (8) in the case of a taxing unit other than a school
1125+ district, the amount of property tax revenue budgeted for debt
1126+ service for:
1127+ (A) the preceding two years; and
1128+ (B) the current year;
1129+ (9) the tax rate for maintenance and operations
1130+ adopted by the taxing unit for the preceding two years;
1131+ (10) in the case of a taxing unit other than a school
1132+ district, the tax rate for debt service adopted by the unit for the
1133+ preceding two years;
1134+ (11) in the case of a school district, the interest and
1135+ sinking fund tax rate adopted by the district for the preceding two
1136+ years;
1137+ (12) the tax rate for maintenance and operations
1138+ proposed by the taxing unit for the current year;
1139+ (13) in the case of a taxing unit other than a school
1140+ district, the tax rate for debt service proposed by the unit for the
1141+ current year;
1142+ (14) in the case of a school district, the interest and
1143+ sinking fund tax rate proposed by the district for the current year;
14551144 and
1456- (2) the name and official contact information for each
1457- member of the governing body of the taxing unit.
1458- (d-2) The designated officer or employee shall submit to the
1459- county assessor-collector the worksheets used to calculate the
1460- no-new-taxes and rollback tax rates for the current tax year by July
1461- 27. The county assessor-collector shall post the worksheets on the
1462- website not later than August 1.
1463- SECTION 36. Sections 31.12(a) and (b), Tax Code, are
1464- amended to read as follows:
1465- (a) If a refund of a tax provided by Section 11.431(b),
1466- 26.08(d-2) [26.07(g)], 26.15(f), 31.11, or 31.111 is paid on or
1467- before the 60th day after the date the liability for the refund
1468- arises, no interest is due on the amount refunded. If not paid on or
1469- before that 60th day, the amount of the tax to be refunded accrues
1470- interest at a rate of one percent for each month or part of a month
1471- that the refund is unpaid, beginning with the date on which the
1472- liability for the refund arises.
1473- (b) For purposes of this section, liability for a refund
1474- arises:
1475- (1) if the refund is required by Section 11.431(b), on
1476- the date the chief appraiser notifies the collector for the unit of
1477- the approval of the late homestead exemption;
1478- (2) if the refund is required by Section 26.08(d-2)
1479- [26.07(g)], on the date the results of the election to reduce the
1480- tax rate are certified;
1481- (3) if the refund is required by Section 26.15(f):
1482- (A) for a correction to the tax roll made under
1483- Section 26.15(b), on the date the change in the tax roll is
1484- certified to the assessor for the taxing unit under Section 25.25;
1485- or
1486- (B) for a correction to the tax roll made under
1487- Section 26.15(c), on the date the change in the tax roll is ordered
1488- by the governing body of the taxing unit;
1489- (4) if the refund is required by Section 31.11, on the
1490- date the auditor for the taxing unit determines that the payment was
1491- erroneous or excessive or, if the amount of the refund exceeds the
1492- applicable amount specified by Section 31.11(a), on the date the
1493- governing body of the unit approves the refund; or
1494- (5) if the refund is required by Section 31.111, on the
1495- date the collector for the taxing unit determines that the payment
1496- was erroneous.
1497- SECTION 37. Section 33.08(b), Tax Code, is amended to read
1498- as follows:
1499- (b) The governing body of the taxing unit or appraisal
1500- district, in the manner required by law for official action, may
1501- provide that taxes that become delinquent on or after June 1 under
1502- Section 26.08(d-1) [26.07(f)], 26.15(e), 31.03, 31.031, 31.032,
1503- 31.04, or 42.42 incur an additional penalty to defray costs of
1504- collection. The amount of the penalty may not exceed the amount of
1505- the compensation specified in the applicable contract with an
1506- attorney under Section 6.30 to be paid in connection with the
1507- collection of the delinquent taxes.
1508- SECTION 38. Section 41.03(a), Tax Code, is amended to read
1145+ (15) the most recent financial audit of the taxing
1146+ unit.
1147+ SECTION 26. Section 41.03(a), Tax Code, is amended to read
15091148 as follows:
15101149 (a) A taxing unit is entitled to challenge before the
15111150 appraisal review board:
15121151 (1) [the level of appraisals of any category of
15131152 property in the district or in any territory in the district, but
15141153 not the appraised value of a single taxpayer's property;
15151154 [(2)] an exclusion of property from the appraisal
15161155 records;
15171156 (2) [(3)] a grant in whole or in part of a partial
15181157 exemption;
15191158 (3) [(4)] a determination that land qualifies for
15201159 appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or
15211160 (4) [(5)] failure to identify the taxing unit as one
15221161 in which a particular property is taxable.
1523- SECTION 39. Section 41.11(a), Tax Code, is amended to read
1162+ SECTION 27. Section 41.44(d), Tax Code, is amended to read
15241163 as follows:
1525- (a) Not later than the date the appraisal review board
1526- approves the appraisal records as provided by Section 41.12, the
1527- secretary of the board shall deliver written notice to a property
1528- owner of any change in the records that is ordered by the board as
1529- provided by this subchapter and that will result in an increase in
1530- the tax liability of the property owner. An owner who receives a
1531- notice as provided by this section shall be entitled to protest such
1532- action as provided by Section 41.44(a)(2) [41.44(a)(3)].
1533- SECTION 40. Section 41.12(a), Tax Code, is amended to read
1534- as follows:
1535- (a) By July 5 [20], the appraisal review board shall:
1536- (1) hear and determine all or substantially all timely
1537- filed protests;
1538- (2) determine all timely filed challenges;
1539- (3) submit a list of its approved changes in the
1540- records to the chief appraiser; and
1541- (4) approve the records.
1542- SECTION 41. Sections 41.44(a), (b-1), (c), and (d), Tax
1543- Code, are amended to read as follows:
1544- (a) Except as provided by Subsections (b), (b-1), (c),
1545- (c-1), and (c-2), to be entitled to a hearing and determination of a
1546- protest, the property owner initiating the protest must file a
1547- written notice of the protest with the appraisal review board
1548- having authority to hear the matter protested:
1549- (1) before May 15 [1] or not later than the 30th day
1550- after the date that notice to the property owner was delivered to
1551- the property owner as provided by Section 25.19, [if the property is
1552- a single-family residence that qualifies for an exemption under
1553- Section 11.13,] whichever is later;
1554- (2) [before June 1 or not later than the 30th day after
1555- the date that notice was delivered to the property owner as provided
1556- by Section 25.19 in connection with any other property, whichever
1557- is later;
1558- [(3)] in the case of a protest of a change in the
1559- appraisal records ordered as provided by Subchapter A of this
1560- chapter or by Chapter 25, not later than the 30th day after the date
1561- notice of the change is delivered to the property owner;
1562- (3) [(4)] in the case of a determination that a change
1563- in the use of land appraised under Subchapter C, D, E, or H, Chapter
1564- 23, has occurred, not later than the 30th day after the date the
1565- notice of the determination is delivered to the property owner; or
1566- (4) [(5)] in the case of a determination of
1567- eligibility for a refund under Section 23.1243, not later than the
1568- 30th day after the date the notice of the determination is delivered
1569- to the property owner.
1570- (b-1) Notwithstanding Subsection (a)(1), an owner of a
1571- single-family residence that qualifies for an exemption under
1572- Section 11.13 [property described by that subsection] who files a
1573- notice of protest after the deadline prescribed by that subsection
1574- but before the appraisal review board approves the appraisal
1575- records is entitled to a hearing and determination of the protest if
1576- the property owner files the notice before June 1.
1577- (c) A property owner who files notice of a protest
1578- authorized by Section 41.411 is entitled to a hearing and
1579- determination of the protest if the property owner files the notice
1580- prior to the date the taxes on the property to which the notice
1581- applies become delinquent. An owner of land who files a notice of
1582- protest under Subsection (a)(3) [(a)(4)] is entitled to a hearing
1583- and determination of the protest without regard to whether the
1584- appraisal records are approved.
15851164 (d) A notice of protest is sufficient if it identifies the
15861165 protesting property owner, including a person claiming an ownership
15871166 interest in the property even if that person is not listed on the
15881167 appraisal records as an owner of the property, identifies the
15891168 property that is the subject of the protest, and indicates apparent
15901169 dissatisfaction with some determination of the appraisal office.
15911170 The notice need not be on an official form, but the comptroller
15921171 shall prescribe a form that provides for more detail about the
15931172 nature of the protest. The form must permit a property owner to
15941173 include each property in the appraisal district that is the subject
15951174 of a protest. The form must permit a property owner to request that
15961175 the protest be heard by a special panel established under Section
15971176 6.425 if the protest will be determined by an appraisal review board
1598- to which that section applies and the property is included in a
1599- classification described by that section. The comptroller, each
1600- appraisal office, and each appraisal review board shall make the
1601- forms readily available and deliver one to a property owner on
1602- request.
1603- SECTION 42. Section 41.45, Tax Code, is amended by amending
1177+ to which that section applies and the property is described by
1178+ Section 6.425(b). The comptroller, each appraisal office, and each
1179+ appraisal review board shall make the forms readily available and
1180+ deliver one to a property owner on request.
1181+ SECTION 28. Section 41.45, Tax Code, is amended by amending
16041182 Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to
16051183 read as follows:
16061184 (d) This subsection does not apply to a special panel
16071185 established under Section 6.425. An appraisal review board
16081186 consisting of more than three members may sit in panels of not fewer
16091187 than three members to conduct protest hearings. [However, the
16101188 determination of a protest heard by a panel must be made by the
16111189 board.] If the recommendation of a panel is not accepted by the
16121190 board, the board may refer the matter for rehearing to a panel
1613- composed of members who did not hear the original hearing or, if
1614- there are not at least three members who did not hear the original
1615- protest, the board may determine the protest. [Before determining
1616- a protest or conducting a rehearing before a new panel or the board,
1617- the board shall deliver notice of the hearing or meeting to
1618- determine the protest in accordance with the provisions of this
1619- subchapter.]
1191+ composed of members who did not hear the original protest [hearing]
1192+ or, if there are not at least three members who did not hear the
1193+ original protest, the board may determine the protest. [Before
1194+ determining a protest or conducting a rehearing before a new panel
1195+ or the board, the board shall deliver notice of the hearing or
1196+ meeting to determine the protest in accordance with the provisions
1197+ of this subchapter.]
16201198 (d-1) An appraisal review board to which Section 6.425
16211199 applies shall sit in special panels established under that section
16221200 to conduct protest hearings. A special panel may conduct a protest
1623- hearing relating to property only if the property is included in the
1624- classification for which the panel was established and the property
1625- owner has requested that the panel conduct the hearing. The board
1626- may rehear a protest heard by a special panel if the board elects
1627- not to accept the recommendation of the panel.
1201+ hearing relating to property only if the property is described by
1202+ Section 6.425(b) and the property owner has requested that a
1203+ special panel conduct the hearing or if the protest is assigned to
1204+ the special panel under Section 6.425(f). If the recommendation of
1205+ a special panel is not accepted by the board, the board may refer
1206+ the matter for rehearing to another special panel composed of
1207+ members who did not hear the original protest or, if there are not
1208+ at least three other special panel members who did not hear the
1209+ original protest, the board may determine the protest.
16281210 (d-2) The determination of a protest heard by a panel under
16291211 Subsection (d) or (d-1) must be made by the board.
16301212 (d-3) The board must deliver notice of a hearing or meeting
16311213 to determine a protest heard by a panel, or to rehear a protest,
16321214 under Subsection (d) or (d-1) in accordance with the provisions of
16331215 this subchapter.
1634- SECTION 43. Section 41.66, Tax Code, is amended by amending
1216+ SECTION 29. Section 41.66, Tax Code, is amended by amending
16351217 Subsection (k) and adding Subsection (k-1) to read as follows:
16361218 (k) This subsection does not apply to a special panel
16371219 established under Section 6.425. If an appraisal review board sits
16381220 in panels to conduct protest hearings, protests shall be randomly
16391221 assigned to panels, except that the board may consider the type of
16401222 property subject to the protest or the ground of the protest for the
16411223 purpose of using the expertise of a particular panel in hearing
16421224 protests regarding particular types of property or based on
16431225 particular grounds. If a protest is scheduled to be heard by a
16441226 particular panel, the protest may not be reassigned to another
16451227 panel without the consent of the property owner or designated
16461228 agent. If the appraisal review board has cause to reassign a
16471229 protest to another panel, a property owner or designated agent may
16481230 agree to reassignment of the protest or may request that the hearing
16491231 on the protest be postponed. The board shall postpone the hearing
16501232 on that request. A change of members of a panel because of a
16511233 conflict of interest, illness, or inability to continue
16521234 participating in hearings for the remainder of the day does not
16531235 constitute reassignment of a protest to another panel.
16541236 (k-1) On the request of a property owner, an appraisal
16551237 review board to which Section 6.425 applies shall assign a protest
1656- relating to property included in a classification described by that
1657- section to the special panel established to conduct protest
1658- hearings relating to property included in that classification. If
1659- the board has established more than one special panel to conduct
1660- protest hearings relating to property included in a particular
1661- classification, protests relating to property included in that
1662- classification shall be randomly assigned to those special panels.
1663- If a protest is scheduled to be heard by a particular special panel,
1664- the protest may not be reassigned to another special panel without
1665- the consent of the property owner or designated agent. If the board
1666- has cause to reassign a protest to another special panel, a property
1667- owner or designated agent may agree to reassignment of the protest
1668- or may request that the hearing on the protest be postponed. The
1669- board shall postpone the hearing on that request. A change of
1670- members of a special panel because of a conflict of interest,
1671- illness, or inability to continue participating in hearings for the
1672- remainder of the day does not constitute reassignment of a protest
1673- to another special panel.
1674- SECTION 44. Section 41.71, Tax Code, is amended to read as
1675- follows:
1676- Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An
1677- appraisal review board by rule shall provide for hearings on
1678- protests [in the evening or] on a Saturday or after 5 p.m. on a
1679- weekday [Sunday].
1680- (b) The board may not schedule:
1681- (1) the first hearing on a protest held on a weekday
1682- evening to begin after 7 p.m.; or
1683- (2) a hearing on a protest on a Sunday.
1684- SECTION 45. Section 41A.01, Tax Code, is amended to read as
1685- follows:
1686- Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an
1687- alternative to filing an appeal under Section 42.01, a property
1688- owner is entitled to appeal through binding arbitration under this
1689- chapter an appraisal review board order determining a protest filed
1690- under Section 41.41(a)(1) or (2) concerning the appraised or market
1691- value of property if:
1692- (1) the property qualifies as the owner's residence
1693- homestead under Section 11.13; or
1694- (2) the appraised or market value, as applicable, of
1695- the property as determined by the order is $5 [$3] million or less.
1696- SECTION 46. Section 41A.03(a), Tax Code, is amended to read
1697- as follows:
1698- (a) To appeal an appraisal review board order under this
1699- chapter, a property owner must file with the appraisal district not
1700- later than the 45th day after the date the property owner receives
1701- notice of the order:
1702- (1) a completed request for binding arbitration under
1703- this chapter in the form prescribed by Section 41A.04; and
1704- (2) an arbitration deposit made payable to the
1705- comptroller in the amount of:
1706- (A) $450, if the property qualifies as the
1707- owner's residence homestead under Section 11.13 and the appraised
1708- or market value, as applicable, of the property is $500,000 or less,
1709- as determined by the order;
1710- (B) $500, if the property qualifies as the
1711- owner's residence homestead under Section 11.13 and the appraised
1712- or market value, as applicable, of the property is more than
1713- $500,000, as determined by the order;
1714- (C) $500, if the property does not qualify as the
1715- owner's residence homestead under Section 11.13 and the appraised
1716- or market value, as applicable, of the property is $1 million or
1717- less, as determined by the order;
1718- (D) $800, if the property does not qualify as the
1719- owner's residence homestead under Section 11.13 and the appraised
1720- or market value, as applicable, of the property is more than $1
1721- million but not more than $2 million, as determined by the order;
1722- [or]
1723- (E) $1,050, if the property does not qualify as
1724- the owner's residence homestead under Section 11.13 and the
1725- appraised or market value, as applicable, of the property is more
1726- than $2 million but not more than $3 million, as determined by the
1727- order; or
1728- (F) $1,250, if the property does not qualify as
1729- the owner's residence homestead under Section 11.13 and the
1730- appraised or market value, as applicable, of the property is more
1731- than $3 million but not more than $5 million, as determined by the
1732- order.
1733- SECTION 47. Section 41A.06(b), Tax Code, is amended to read
1734- as follows:
1735- (b) To initially qualify to serve as an arbitrator under
1736- this chapter, a person must:
1737- (1) meet the following requirements, as applicable:
1738- (A) be licensed as an attorney in this state; or
1739- (B) have:
1740- (i) completed at least 30 hours of training
1741- in arbitration and alternative dispute resolution procedures from a
1742- university, college, or legal or real estate trade association; and
1743- (ii) been licensed or certified
1744- continuously during the five years preceding the date the person
1745- agrees to serve as an arbitrator as:
1746- (a) a real estate broker or sales
1747- agent [salesperson] under Chapter 1101, Occupations Code;
1748- (b) a real estate appraiser under
1749- Chapter 1103, Occupations Code; or
1750- (c) a certified public accountant
1751- under Chapter 901, Occupations Code; and
1752- (2) agree to conduct an arbitration for a fee that is
1753- not more than:
1754- (A) $400, if the property qualifies as the
1755- owner's residence homestead under Section 11.13 and the appraised
1756- or market value, as applicable, of the property is $500,000 or less,
1757- as determined by the order;
1758- (B) $450, if the property qualifies as the
1759- owner's residence homestead under Section 11.13 and the appraised
1760- or market value, as applicable, of the property is more than
1761- $500,000, as determined by the order;
1762- (C) $450, if the property does not qualify as the
1763- owner's residence homestead under Section 11.13 and the appraised
1764- or market value, as applicable, of the property is $1 million or
1765- less, as determined by the order;
1766- (D) $750, if the property does not qualify as the
1767- owner's residence homestead under Section 11.13 and the appraised
1768- or market value, as applicable, of the property is more than $1
1769- million but not more than $2 million, as determined by the order;
1770- [or]
1771- (E) $1,000, if the property does not qualify as
1772- the owner's residence homestead under Section 11.13 and the
1773- appraised or market value, as applicable, of the property is more
1774- than $2 million but not more than $3 million, as determined by the
1775- order; or
1776- (F) $1,200, if the property does not qualify as
1777- the owner's residence homestead under Section 11.13 and the
1778- appraised or market value, as applicable, of the property is more
1779- than $3 million but not more than $5 million, as determined by the
1780- order.
1781- SECTION 48. Section 45.105(e), Education Code, is amended
1238+ relating to property described by Section 6.425(b) to a special
1239+ panel. In addition, the chairman of the appraisal review board may
1240+ assign a protest relating to property not described by Section
1241+ 6.425(b) to a special panel as authorized by Section 6.425(f).
1242+ Protests assigned to special panels shall be randomly assigned to
1243+ those panels. If a protest is scheduled to be heard by a particular
1244+ special panel, the protest may not be reassigned to another special
1245+ panel without the consent of the property owner or designated
1246+ agent. If the board has cause to reassign a protest to another
1247+ special panel, a property owner or designated agent may agree to
1248+ reassignment of the protest or may request that the hearing on the
1249+ protest be postponed. The board shall postpone the hearing on that
1250+ request. A change of members of a special panel because of a
1251+ conflict of interest, illness, or inability to continue
1252+ participating in hearings for the remainder of the day does not
1253+ constitute reassignment of a protest to another special panel.
1254+ SECTION 30. Section 45.105(e), Education Code, is amended
17821255 to read as follows:
17831256 (e) The governing body of an independent school district
17841257 that governs a junior college district under Subchapter B, Chapter
17851258 130, in a county with a population of more than two million may
17861259 dedicate a specific percentage of the local tax levy to the use of
17871260 the junior college district for facilities and equipment or for the
17881261 maintenance and operating expenses of the junior college district.
17891262 To be effective, the dedication must be made by the governing body
17901263 on or before the date on which the governing body adopts its tax
17911264 rate for a year. The amount of local tax funds derived from the
17921265 percentage of the local tax levy dedicated to a junior college
17931266 district from a tax levy may not exceed the amount that would be
1794- levied by five percent of the no-new-taxes [effective] tax rate for
1795- the tax year calculated as provided by Section 26.04, Tax Code, on
1796- all property taxable by the school district. All real property
1267+ levied by five percent of the no-new-revenue [effective] tax rate
1268+ for the tax year calculated as provided by Section 26.04, Tax Code,
1269+ on all property taxable by the school district. All real property
17971270 purchased with these funds is the property of the school district,
17981271 but is subject to the exclusive control of the governing body of the
17991272 junior college district for as long as the junior college district
18001273 uses the property for educational purposes.
1801- SECTION 49. Section 130.016(b), Education Code, is amended
1802- to read as follows:
1803- (b) If the board of trustees of an independent school
1804- district that divests itself of the management, control, and
1805- operation of a junior college district under this section or under
1806- Section 130.017 [of this code] was authorized by [Subsection (e)
1807- of] Section 45.105(e) or under former Section 20.48(e) [20.48 of
1808- this code] to dedicate a portion of its tax levy to the junior
1809- college district before the divestment, the junior college district
1810- may levy an ad valorem tax from and after the divestment. In the
1811- first two years in which the junior college district levies an ad
1812- valorem tax, the tax rate adopted by the governing body may not
1813- exceed the rate that, if applied to the total taxable value
1814- submitted to the governing body under Section 26.04, Tax Code,
1815- would impose an amount equal to the amount of taxes of the school
1816- district dedicated to the junior college under [Subsection (e) of]
1817- Section 45.105(e) or former Section 20.48(e) [20.48 of this code]
1818- in the last dedication before the divestment. In subsequent years,
1819- the tax rate of the junior college district is subject to Section
1820- 26.08 [26.07], Tax Code.
1821- SECTION 50. Section 403.302(o), Government Code, is amended
1822- to read as follows:
1823- (o) The comptroller shall adopt rules governing the conduct
1824- of the study after consultation with the comptroller's property tax
1825- administration advisory board [Comptroller's Property Value Study
1826- Advisory Committee].
1827- SECTION 51. Sections 281.124(d) and (e), Health and Safety
1828- Code, are amended to read as follows:
1829- (d) If a majority of the votes cast in the election favor the
1830- proposition, the tax rate for the specified tax year is the rate
1831- approved by the voters, and that rate is not subject to [a rollback
1832- election under] Section 26.08 [26.07], Tax Code. The board shall
1833- adopt the tax rate as provided by Chapter 26, Tax Code.
1834- (e) If the proposition is not approved as provided by
1835- Subsection (c), the board may not adopt a tax rate for the district
1836- for the specified tax year that exceeds the rate that was not
1837- approved, and Section 26.08 [26.07], Tax Code, applies to the
1838- adopted rate if that rate exceeds the district's rollback tax rate.
1839- SECTION 52. Section 102.007(d), Local Government Code, is
1274+ SECTION 31. Section 102.007(d), Local Government Code, is
18401275 amended to read as follows:
18411276 (d) An adopted budget must contain a cover page that
18421277 includes:
18431278 (1) one of the following statements in 18-point or
18441279 larger type that accurately describes the adopted budget:
18451280 (A) "This budget will raise more revenue from
18461281 property taxes than last year's budget by an amount of (insert total
18471282 dollar amount of increase), which is a (insert percentage increase)
18481283 percent increase from last year's budget. The property tax revenue
18491284 to be raised from new property added to the tax roll this year is
18501285 (insert amount computed by multiplying the proposed tax rate by the
18511286 value of new property added to the roll).";
18521287 (B) "This budget will raise less revenue from
18531288 property taxes than last year's budget by an amount of (insert total
18541289 dollar amount of decrease), which is a (insert percentage decrease)
18551290 percent decrease from last year's budget. The property tax revenue
18561291 to be raised from new property added to the tax roll this year is
18571292 (insert amount computed by multiplying the proposed tax rate by the
18581293 value of new property added to the roll)."; or
18591294 (C) "This budget will raise the same amount of
1860- revenue from property taxes as last year's budget. The property tax
1861- revenue to be raised from new property added to the tax roll this
1862- year is (insert amount computed by multiplying the proposed tax
1863- rate by the value of new property added to the roll).";
1295+ revenue from property taxes as last year's budget. The property
1296+ tax revenue to be raised from new property added to the tax roll
1297+ this year is (insert amount computed by multiplying the proposed
1298+ tax rate by the value of new property added to the roll).";
18641299 (2) the record vote of each member of the governing
18651300 body by name voting on the adoption of the budget;
18661301 (3) the municipal property tax rates for the preceding
18671302 fiscal year, and each municipal property tax rate that has been
18681303 adopted or calculated for the current fiscal year, including:
18691304 (A) the property tax rate;
1870- (B) the no-new-taxes [effective] tax rate;
1871- (C) the no-new-taxes [effective] maintenance and
1872- operations tax rate;
1305+ (B) the no-new-revenue [effective] tax rate;
1306+ (C) the no-new-revenue [effective] maintenance
1307+ and operations tax rate;
18731308 (D) the rollback tax rate; and
18741309 (E) the debt rate; and
18751310 (4) the total amount of municipal debt obligations.
1876- SECTION 53. Section 111.008(d), Local Government Code, is
1311+ SECTION 32. Section 111.008(d), Local Government Code, is
18771312 amended to read as follows:
18781313 (d) An adopted budget must contain a cover page that
18791314 includes:
18801315 (1) one of the following statements in 18-point or
18811316 larger type that accurately describes the adopted budget:
18821317 (A) "This budget will raise more revenue from
18831318 property taxes than last year's budget by an amount of (insert total
18841319 dollar amount of increase), which is a (insert percentage increase)
18851320 percent increase from last year's budget. The property tax revenue
18861321 to be raised from new property added to the tax roll this year is
18871322 (insert amount computed by multiplying the proposed tax rate by the
18881323 value of new property added to the roll).";
18891324 (B) "This budget will raise less revenue from
18901325 property taxes than last year's budget by an amount of (insert total
18911326 dollar amount of decrease), which is a (insert percentage decrease)
18921327 percent decrease from last year's budget. The property tax revenue
18931328 to be raised from new property added to the tax roll this year is
18941329 (insert amount computed by multiplying the proposed tax rate by the
18951330 value of new property added to the roll)."; or
18961331 (C) "This budget will raise the same amount of
1897- revenue from property taxes as last year's budget. The property tax
1898- revenue to be raised from new property added to the tax roll this
1899- year is (insert amount computed by multiplying the proposed tax
1900- rate by the value of new property added to the roll).";
1332+ revenue from property taxes as last year's budget. The property
1333+ tax revenue to be raised from new property added to the tax roll
1334+ this year is (insert amount computed by multiplying the proposed
1335+ tax rate by the value of new property added to the roll).";
19011336 (2) the record vote of each member of the
19021337 commissioners court by name voting on the adoption of the budget;
19031338 (3) the county property tax rates for the preceding
19041339 fiscal year, and each county property tax rate that has been adopted
19051340 or calculated for the current fiscal year, including:
19061341 (A) the property tax rate;
1907- (B) the no-new-taxes [effective] tax rate;
1908- (C) the no-new-taxes [effective] maintenance and
1909- operations tax rate;
1342+ (B) the no-new-revenue [effective] tax rate;
1343+ (C) the no-new-revenue [effective] maintenance
1344+ and operations tax rate;
19101345 (D) the rollback tax rate; and
19111346 (E) the debt rate; and
19121347 (4) the total amount of county debt obligations.
1913- SECTION 54. Section 111.039(d), Local Government Code, is
1348+ SECTION 33. Section 111.039(d), Local Government Code, is
19141349 amended to read as follows:
19151350 (d) An adopted budget must contain a cover page that
19161351 includes:
19171352 (1) one of the following statements in 18-point or
19181353 larger type that accurately describes the adopted budget:
19191354 (A) "This budget will raise more revenue from
19201355 property taxes than last year's budget by an amount of (insert total
19211356 dollar amount of increase), which is a (insert percentage increase)
19221357 percent increase from last year's budget. The property tax revenue
19231358 to be raised from new property added to the tax roll this year is
19241359 (insert amount computed by multiplying the proposed tax rate by the
19251360 value of new property added to the roll).";
19261361 (B) "This budget will raise less revenue from
19271362 property taxes than last year's budget by an amount of (insert total
19281363 dollar amount of decrease), which is a (insert percentage decrease)
19291364 percent decrease from last year's budget. The property tax revenue
19301365 to be raised from new property added to the tax roll this year is
19311366 (insert amount computed by multiplying the proposed tax rate by the
19321367 value of new property added to the roll)."; or
19331368 (C) "This budget will raise the same amount of
1934- revenue from property taxes as last year's budget. The property tax
1935- revenue to be raised from new property added to the tax roll this
1936- year is (insert amount computed by multiplying the proposed tax
1937- rate by the value of new property added to the roll).";
1369+ revenue from property taxes as last year's budget. The property
1370+ tax revenue to be raised from new property added to the tax roll
1371+ this year is (insert amount computed by multiplying the proposed
1372+ tax rate by the value of new property added to the roll).";
19381373 (2) the record vote of each member of the
19391374 commissioners court by name voting on the adoption of the budget;
19401375 (3) the county property tax rates for the preceding
19411376 fiscal year, and each county property tax rate that has been adopted
19421377 or calculated for the current fiscal year, including:
19431378 (A) the property tax rate;
1944- (B) the no-new-taxes [effective] tax rate;
1945- (C) the no-new-taxes [effective] maintenance and
1946- operations tax rate;
1379+ (B) the no-new-revenue [effective] tax rate;
1380+ (C) the no-new-revenue [effective] maintenance
1381+ and operations tax rate;
19471382 (D) the rollback tax rate; and
19481383 (E) the debt rate; and
19491384 (4) the total amount of county debt obligations.
1950- SECTION 55. Section 111.068(c), Local Government Code, is
1385+ SECTION 34. Section 111.068(c), Local Government Code, is
19511386 amended to read as follows:
19521387 (c) An adopted budget must contain a cover page that
19531388 includes:
19541389 (1) one of the following statements in 18-point or
19551390 larger type that accurately describes the adopted budget:
19561391 (A) "This budget will raise more revenue from
19571392 property taxes than last year's budget by an amount of (insert total
19581393 dollar amount of increase), which is a (insert percentage increase)
19591394 percent increase from last year's budget. The property tax revenue
19601395 to be raised from new property added to the tax roll this year is
19611396 (insert amount computed by multiplying the proposed tax rate by the
19621397 value of new property added to the roll).";
19631398 (B) "This budget will raise less revenue from
19641399 property taxes than last year's budget by an amount of (insert total
19651400 dollar amount of decrease), which is a (insert percentage decrease)
19661401 percent decrease from last year's budget. The property tax revenue
19671402 to be raised from new property added to the tax roll this year is
19681403 (insert amount computed by multiplying the proposed tax rate by the
19691404 value of new property added to the roll)."; or
19701405 (C) "This budget will raise the same amount of
1971- revenue from property taxes as last year's budget. The property tax
1972- revenue to be raised from new property added to the tax roll this
1973- year is (insert amount computed by multiplying the proposed tax
1974- rate by the value of new property added to the roll).";
1406+ revenue from property taxes as last year's budget. The property
1407+ tax revenue to be raised from new property added to the tax roll
1408+ this year is (insert amount computed by multiplying the proposed
1409+ tax rate by the value of new property added to the roll).";
19751410 (2) the record vote of each member of the
19761411 commissioners court by name voting on the adoption of the budget;
19771412 (3) the county property tax rates for the preceding
19781413 fiscal year, and each county property tax rate that has been adopted
19791414 or calculated for the current fiscal year, including:
19801415 (A) the property tax rate;
1981- (B) the no-new-taxes [effective] tax rate;
1982- (C) the no-new-taxes [effective] maintenance and
1983- operations tax rate;
1416+ (B) the no-new-revenue [effective] tax rate;
1417+ (C) the no-new-revenue [effective] maintenance
1418+ and operations tax rate;
19841419 (D) the rollback tax rate; and
19851420 (E) the debt rate; and
19861421 (4) the total amount of county debt obligations.
1987- SECTION 56. Section 1101.254(f), Special District Local
1422+ SECTION 35. Sections 140.010(a), (d), (e), and (f), Local
1423+ Government Code, are amended to read as follows:
1424+ (a) In this section, "no-new-revenue [effective] tax rate"
1425+ and "rollback tax rate" mean the no-new-revenue [effective] tax
1426+ rate and rollback tax rate of a county or municipality, as
1427+ applicable, as calculated under Chapter 26, Tax Code.
1428+ (d) A county or municipality that proposes a property tax
1429+ rate that does not exceed the lower of the no-new-revenue
1430+ [effective] tax rate or the rollback tax rate shall provide the
1431+ following notice:
1432+ "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
1433+ RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
1434+ "A tax rate of $______ per $100 valuation has been proposed by the
1435+ governing body of (insert name of county or municipality).
1436+ PROPOSED TAX RATE $______ per $100
1437+ PRECEDING YEAR'S TAX RATE $______ per $100
1438+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE $______ per $100
1439+ "The no-new-revenue [effective] tax rate is the total tax rate
1440+ needed to raise the same amount of property tax revenue for (insert
1441+ name of county or municipality) from the same properties in both the
1442+ (insert preceding tax year) tax year and the (insert current tax
1443+ year) tax year.
1444+ "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
1445+ FOLLOWS:
1446+ property tax amount = (rate) x (taxable value of your property) /
1447+ 100
1448+ "For assistance or detailed information about tax calculations,
1449+ please contact:
1450+ (insert name of county or municipal tax assessor-collector)
1451+ (insert name of county or municipality) tax
1452+ assessor-collector
1453+ (insert address)
1454+ (insert telephone number)
1455+ (insert e-mail address)
1456+ (insert Internet website address, if applicable)"
1457+ (e) A county or municipality that proposes a property tax
1458+ rate that exceeds the lower of the no-new-revenue [effective] tax
1459+ rate or the rollback tax rate shall provide the following notice:
1460+ "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
1461+ RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
1462+ "A tax rate of $_____ per $100 valuation has been proposed for
1463+ adoption by the governing body of (insert name of county or
1464+ municipality). This rate exceeds the lower of the no-new-revenue
1465+ [effective] or rollback tax rate, and state law requires that two
1466+ public hearings be held by the governing body before adopting the
1467+ proposed tax rate. The governing body of (insert name of county or
1468+ municipality) proposes to use revenue attributable to the tax rate
1469+ increase for the purpose of (description of purpose of increase).
1470+ PROPOSED TAX RATE$______ per $100
1471+ PRECEDING YEAR'S TAX RATE$______ per $100
1472+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE$______ per $100
1473+ ROLLBACK TAX RATE$______ per $100
1474+ "The no-new-revenue [effective] tax rate is the total tax rate
1475+ needed to raise the same amount of property tax revenue for (insert
1476+ name of county or municipality) from the same properties in both the
1477+ (insert preceding tax year) tax year and the (insert current tax
1478+ year) tax year.
1479+ "The rollback tax rate is the highest tax rate that (insert name of
1480+ county or municipality) may adopt before the voters are entitled to
1481+ petition for an election to limit the rate that may be approved to
1482+ the rollback tax rate.
1483+ "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
1484+ FOLLOWS:
1485+ property tax amount = (rate) x (taxable value of your property) /
1486+ 100
1487+ "For assistance or detailed information about tax calculations,
1488+ please contact:
1489+ (insert name of county or municipal tax assessor-collector)
1490+ (insert name of county or municipality) tax
1491+ assessor-collector
1492+ (insert address)
1493+ (insert telephone number)
1494+ (insert e-mail address)
1495+ (insert Internet website address, if applicable)
1496+ "You are urged to attend and express your views at the following
1497+ public hearings on the proposed tax rate:
1498+ First Hearing: (insert date and time) at (insert location of
1499+ meeting).
1500+ Second Hearing: (insert date and time) at (insert location
1501+ of meeting)."
1502+ (f) A county or municipality shall[:
1503+ [(1)] provide the notice required by Subsection (d) or
1504+ (e), as applicable, not later than the later of September 1 or the
1505+ 30th day after the first date that the taxing unit has received each
1506+ applicable certified appraisal roll by:
1507+ (1) [(A)] publishing the notice in a newspaper having
1508+ general circulation in:
1509+ (A) [(i)] the county, in the case of notice
1510+ published by a county; or
1511+ (B) [(ii)] the county in which the municipality
1512+ is located or primarily located, in the case of notice published by
1513+ a municipality; [or]
1514+ (2) [(B)] mailing the notice to each property owner
1515+ in:
1516+ (A) [(i)] the county, in the case of notice
1517+ provided by a county; or
1518+ (B) [(ii)] the municipality, in the case of
1519+ notice provided by a municipality; or [and]
1520+ (3) posting [(2) post] the notice prominently on the
1521+ home page of the Internet website of the county or municipality, if
1522+ applicable, beginning not later than the later of September 1 or the
1523+ 30th day after the first date that the taxing unit has received each
1524+ applicable certified appraisal roll and continuing until the county
1525+ or municipality adopts a tax rate.
1526+ SECTION 36. Section 8876.152(b), Special District Local
19881527 Laws Code, is amended to read as follows:
1989- (f) This section does not affect the applicability of [any
1990- rights district voters may have to petition for an election under]
1991- Section 26.08 [26.07], Tax Code, to the district's tax rate, except
1992- that if district voters approve a tax rate increase under this
1993- section, [the voters may not petition for an election under]
1994- Section 26.08 [26.07], Tax Code, does not apply [as] to the tax rate
1995- for that year.
1996- SECTION 57. Sections 1122.2522, 3828.157, and 8876.152,
1997- Special District Local Laws Code, are amended to read as follows:
1998- Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE.
1999- [(a)] If in any year the board adopts a tax rate that exceeds the
2000- rollback tax rate calculated as provided by Chapter 26, Tax Code,
2001- [the qualified voters of the district by petition may require that]
2002- an election under Section 26.08 of that code must be held to
2003- determine whether or not to approve [reduce] the tax rate adopted by
2004- the board for that year [to the rollback tax rate].
2005- [(b) To the extent a conflict exists between this section
2006- and a provision of the Tax Code, the provision of the Tax Code
2007- prevails.]
2008- Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
2009- PROVISIONS. Sections 26.04, 26.05, and 26.08 [26.07], Tax Code, do
2010- not apply to a tax imposed under Section 3828.153 or 3828.156.
2011- Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
2012- (a) Sections 26.04, 26.05, 26.06, 26.061, and 26.08 [26.07], Tax
2013- Code, do not apply to a tax imposed by the district.
20141528 (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236],
20151529 Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
20161530 78th Legislature, Regular Session, 2003, applies] to the district.
2017- SECTION 58. Section 49.107(g), Water Code, is amended to
2018- read as follows:
2019- (g) Sections 26.04, 26.05, 26.061, and 26.08 [26.07], Tax
2020- Code, do not apply to a tax levied and collected under this section
2021- or an ad valorem tax levied and collected for the payment of the
2022- interest on and principal of bonds issued by a district.
2023- SECTION 59. Section 49.108(f), Water Code, is amended to
2024- read as follows:
2025- (f) Sections 26.04, 26.05, 26.061, and 26.08 [26.07], Tax
2026- Code, do not apply to a tax levied and collected for payments made
2027- under a contract approved in accordance with this section.
2028- SECTION 60. Section 49.236, Water Code, as added by Chapter
2029- 335 (S.B. 392), Acts of the 78th Legislature, Regular Session,
2030- 2003, is amended by amending Subsections (a) and (d) and adding
2031- Subsections (e), (f), (g), (h), (i), (j), and (k) to read as
2032- follows:
1531+ SECTION 37. Section 49.236(a), Water Code, as added by
1532+ Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular
1533+ Session, 2003, is amended to read as follows:
20331534 (a) Before the board adopts an ad valorem tax rate for the
20341535 district for debt service, operation and maintenance purposes, or
20351536 contract purposes, the board shall give notice of each meeting of
20361537 the board at which the adoption of a tax rate will be considered.
20371538 The notice must:
20381539 (1) contain a statement in substantially the following
20391540 form:
20401541 "NOTICE OF PUBLIC HEARING ON TAX RATE
20411542 "The (name of the district) will hold a public hearing on a
20421543 proposed tax rate for the tax year (year of tax levy) on (date and
2043- time) at (meeting place). Your individual taxes may increase or
2044- decrease, depending on the change in the taxable value of your
1544+ time) at (meeting place). Your individual taxes may increase at a
1545+ greater or lesser rate, or even decrease, depending on the tax rate
1546+ that is adopted and on the change in the taxable value of your
20451547 property in relation to the change in taxable value of all other
2046- property and the tax rate that is adopted.
1548+ property [and the tax rate that is adopted]. The change in the
1549+ taxable value of your property in relation to the change in the
1550+ taxable value of all other property determines the distribution of
1551+ the tax burden among all property owners.
20471552 "(Names of all board members and, if a vote was taken, an
20481553 indication of how each voted on the proposed tax rate and an
20491554 indication of any absences.)";
20501555 (2) contain the following information:
20511556 (A) the district's total adopted tax rate for the
20521557 preceding year and the proposed tax rate, expressed as an amount per
20531558 $100;
20541559 (B) the difference, expressed as an amount per
20551560 $100 and as a percent increase or decrease, as applicable, in the
20561561 proposed tax rate compared to the adopted tax rate for the preceding
20571562 year;
20581563 (C) the average appraised value of a residence
20591564 homestead in the district in the preceding year and in the current
20601565 year; the district's total homestead exemption, other than an
20611566 exemption available only to disabled persons or persons 65 years of
20621567 age or older, applicable to that appraised value in each of those
2063- years; and the average taxable value of a residence homestead in the
2064- district in each of those years, disregarding any homestead
1568+ years; and the average taxable value of a residence homestead in
1569+ the district in each of those years, disregarding any homestead
20651570 exemption available only to disabled persons or persons 65 years of
20661571 age or older;
20671572 (D) the amount of tax that would have been
20681573 imposed by the district in the preceding year on a residence
20691574 homestead appraised at the average appraised value of a residence
20701575 homestead in that year, disregarding any homestead exemption
20711576 available only to disabled persons or persons 65 years of age or
20721577 older;
20731578 (E) the amount of tax that would be imposed by the
20741579 district in the current year on a residence homestead appraised at
20751580 the average appraised value of a residence homestead in that year,
20761581 disregarding any homestead exemption available only to disabled
20771582 persons or persons 65 years of age or older, if the proposed tax
20781583 rate is adopted; [and]
20791584 (F) the difference between the amounts of tax
20801585 calculated under Paragraphs (D) and (E), expressed in dollars and
20811586 cents and described as the annual percentage increase or decrease,
20821587 as applicable, in the tax to be imposed by the district on the
20831588 average residence homestead in the district in the current year if
20841589 the proposed tax rate is adopted; and
20851590 (G) if the proposed combined debt service,
2086- operation and maintenance, and contract tax rate requires or
2087- authorizes an election in the district to ratify the tax rate, a
2088- description of the purpose of the proposed tax increase; and
1591+ operation and maintenance, and contract tax rate would authorize
1592+ the qualified voters of the district by petition to require a
1593+ rollback election to be held in the district, a description of the
1594+ purpose of the proposed tax increase; and
20891595 (3) contain a statement in substantially the following
2090- form, as applicable:
2091- (A) if there are not any new improvements
2092- included in the appraisal roll for the district for the current tax
2093- year:
2094- "NOTICE OF VOTE ON TAX RATE [TAXPAYERS' RIGHT TO ROLLBACK ELECTION]
2095- "If taxes on the average residence homestead increase by more
2096- than four [eight] percent, [the qualified voters of the district by
2097- petition may require that] an election must be held to determine
2098- whether to ratify [reduce] the [operation and maintenance] tax rate
2099- [to the rollback tax rate] under Section 49.236(d), Water Code.";
2100- or
2101- (B) if there are any new improvements included in
2102- the appraisal roll for the district for the current tax year:
1596+ form:
21031597 "NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION
21041598 "If taxes on the average residence homestead increase by more
2105- than four percent, the qualified voters of the district by petition
2106- may require that an election be held to determine whether to ratify
2107- the tax rate under Section 49.236(e), Water Code."
2108- (d) This subsection applies to a district only if there are
2109- not any new improvements included in the appraisal roll for the
2110- district for the current tax year. If the board [governing body] of
2111- the [a] district adopts a combined debt service, operation and
2112- maintenance, and contract tax rate that would impose more than 1.05
2113- [1.08] times the amount of tax imposed by the district in the
2114- preceding year on a residence homestead appraised at the average
2115- appraised value of a residence homestead in the district in that
2116- year, disregarding any homestead exemption available only to
2117- disabled persons or persons 65 years of age or older, [the qualified
2118- voters of the district by petition may require that] an election
2119- must be held to determine whether [or not] to ratify [reduce] the
2120- tax rate adopted for the current year [to the rollback tax rate] in
2121- accordance with the procedures provided by Sections 26.08(b)-(d-2)
2122- [26.07(b)-(g) and 26.081], Tax Code.
2123- (e) This subsection and Subsections (f)-(i) apply to a
2124- district only if there are any new improvements included in the
2125- appraisal roll for the district for the current tax year. If the
2126- board of the district adopts a combined debt service, operation and
2127- maintenance, and contract tax rate that would impose more than 1.05
2128- times the amount of tax imposed by the district in the preceding
2129- year on a residence homestead appraised at the average appraised
2130- value of a residence homestead in the district in that year,
2131- disregarding any homestead exemption available only to disabled
2132- persons or persons 65 years of age or older, the qualified voters of
2133- the district by petition may require that an election be held to
2134- determine whether to ratify the tax rate adopted for the current
2135- year in accordance with the procedures provided by Subsections
2136- (f)-(i) of this section and Section 26.081, Tax Code.
2137- (f) A petition is valid only if:
2138- (1) it states that it is intended to require an
2139- election in the district on the question of ratifying the tax rate
2140- adopted for the current year;
2141- (2) it is signed by a number of registered voters of
2142- the district equal to at least:
2143- (A) seven percent of the number of registered
2144- voters of the district according to the most recent official list of
2145- registered voters if the tax rate adopted for the current tax year
2146- would impose taxes for operation and maintenance in an amount of at
2147- least $5 million; or
2148- (B) 10 percent of the number of registered voters
2149- of the district according to the most recent official list of
2150- registered voters if the tax rate adopted for the current tax year
2151- would impose taxes for operation and maintenance in an amount of
2152- less than $5 million; and
2153- (3) it is submitted to the board on or before the 90th
2154- day after the date on which the board adopted the tax rate for the
2155- current year.
2156- (g) Not later than the 20th day after the day a petition is
2157- submitted, the board shall determine whether or not the petition is
2158- valid and pass a resolution stating its finding. If the board fails
2159- to act within the time allowed, the petition is treated as if it had
2160- been found valid.
2161- (h) If the board finds that the petition is valid (or fails
2162- to act within the time allowed), it shall order that an election be
2163- held in the district on a date not less than 30 or more than 90 days
2164- after the last day on which it could have acted to approve or
2165- disapprove the petition. A state law requiring local elections to
2166- be held on a specified date does not apply to the election unless a
2167- specified date falls within the time permitted by this section. At
2168- the election, the ballots shall be prepared to permit voting for or
2169- against the proposition: "Approving the ad valorem tax rate of
2170- $____ per $100 valuation in (name of district) for the current year,
2171- a rate that is $____ higher per $100 valuation than the district's
2172- rollback tax rate, for the purpose of (description of purpose of
2173- increase)." The ballot proposition must include the adopted tax
2174- rate and the difference between that rate and the rollback tax rate
2175- in the appropriate places.
2176- (i) Sections 26.08(c), (d), (d-1), and (d-2), Tax Code,
2177- apply to an election under Subsection (e) of this section in the
2178- same manner as those subsections apply to an election under Section
2179- 26.08, Tax Code.
2180- (j) For purposes of an election under Subsection (d) or (e),
2181- as applicable [Sections 26.07(b)-(g) and this subsection], the
2182- rollback tax rate of a district is the sum of the following tax
2183- rates:
2184- (1) the current year's debt service tax rate;
2185- (2) the current year's [and] contract tax rate; and
2186- (3) [rates plus] the operation and maintenance tax
2187- rate that would impose 1.05 [1.08] times the amount of the operation
2188- and maintenance tax imposed by the district in the preceding year on
2189- a residence homestead appraised at the average appraised value of a
2190- residence homestead in the district in that year, disregarding any
2191- homestead exemption available only to disabled persons or persons
2192- 65 years of age or older.
2193- (k) Notwithstanding any other provision of this section,
2194- the board may substitute "eight percent" for "four percent" in
2195- Subsection (a) and "1.08" for "1.05" in Subsection (d) or (e), as
2196- applicable, and Subsection (j) if any part of the district is
2197- located in an area declared a disaster area during the current tax
2198- year by the governor or by the president of the United States.
2199- SECTION 61. The following provisions are repealed:
2200- (1) Sections 403.302(m-1) and (n), Government Code;
2201- (2) Section 140.010, Local Government Code;
2202- (3) Section 1063.255, Special District Local Laws
2203- Code;
2204- (4) Section 26.07, Tax Code;
2205- (5) Section 49.236, Water Code, as added by Chapter
1599+ than eight percent, the qualified voters of the district by
1600+ petition may require that an election be held to determine whether
1601+ to reduce the operation and maintenance tax rate to the rollback tax
1602+ rate under Section 49.236(d), Water Code."
1603+ SECTION 38. The following provisions are repealed:
1604+ (1) Section 49.236, Water Code, as added by Chapter
22061605 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session,
22071606 2003; and
2208- (6) Section 49.2361, Water Code.
2209- SECTION 62. The changes in law made by this Act relating to
1607+ (2) Section 49.2361, Water Code.
1608+ SECTION 39. The changes in law made by this Act relating to
22101609 the ad valorem tax rate of a taxing unit apply beginning with the
22111610 2018 tax year.
2212- SECTION 63. Sections 5.05, 5.102, 5.13, and 23.01, Tax
2213- Code, as amended by this Act, apply only to the appraisal of
2214- property for ad valorem tax purposes for a tax year beginning on or
2215- after January 1, 2018.
2216- SECTION 64. Section 6.03(a), Tax Code, as amended by this
2217- Act, does not affect the right of a person serving on the board of
2218- directors of an appraisal district on January 1, 2018, to complete
2219- the person's term on the board.
2220- SECTION 65. Section 6.41(d-9), Tax Code, as amended by this
1611+ SECTION 40. (a) The comptroller shall comply with Sections
1612+ 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon
1613+ as practicable after January 1, 2018.
1614+ (b) The comptroller shall comply with Section 5.091, Tax
1615+ Code, as amended by this Act, not later than January 1, 2021.
1616+ SECTION 41. Section 6.41(d-9), Tax Code, as amended by this
22211617 Act, and Section 6.41(d-10), Tax Code, as added by this Act, apply
22221618 only to the appointment of appraisal review board members to terms
22231619 beginning on or after January 1, 2019.
2224- SECTION 66. Section 6.42(d), Tax Code, as added by this Act,
2225- applies only to a recommendation, determination, decision, or other
2226- action by an appraisal review board or a panel of such a board on or
2227- after January 1, 2018. A recommendation, determination, decision,
2228- or other action by an appraisal review board or a panel of such a
2229- board before January 1, 2018, is governed by the law as it existed
2230- immediately before that date, and that law is continued in effect
2231- for that purpose.
2232- SECTION 67. Section 25.19(b-3), Tax Code, as added by this
2233- Act, applies only to a notice of appraised value for a tax year
2234- beginning on or after January 1, 2019. A notice of appraised value
2235- for a tax year beginning before January 1, 2019, is governed by the
2236- law in effect immediately before that date, and that law is
2237- continued in effect for that purpose.
2238- SECTION 68. Not later than October 1, 2017:
2239- (1) the designated officer or employee of each taxing
2240- unit shall submit to the county assessor-collector for each county
2241- in which all or part of the territory of the taxing unit is located
2242- the worksheets used by the designated officer or employee to
2243- calculate the effective and rollback tax rates of the unit for the
2244- 2013-2017 tax years; and
2245- (2) the county assessor-collector for each county
2246- shall post the worksheets submitted to the county
2247- assessor-collector under Subdivision (1) of this section on the
2248- Internet website of the county.
2249- SECTION 69. Section 41.03(a), Tax Code, as amended by this
1620+ SECTION 42. (a) An appraisal district established in a
1621+ county with a population of 120,000 or more and each taxing unit
1622+ located wholly or partly in such an appraisal district shall comply
1623+ with Sections 26.04(e-2), 26.17, and 26.18, Tax Code, as added by
1624+ this Act, beginning with the 2019 tax year.
1625+ (b) An appraisal district established in a county with a
1626+ population of less than 120,000 and each taxing unit located wholly
1627+ in such an appraisal district shall comply with Sections
1628+ 26.04(e-2), 26.17, and 26.18, Tax Code, as added by this Act,
1629+ beginning with the 2020 tax year.
1630+ SECTION 43. Section 41.03(a), Tax Code, as amended by this
22501631 Act, applies only to a challenge under Chapter 41, Tax Code, for
22511632 which a challenge petition is filed on or after January 1, 2018. A
22521633 challenge under Chapter 41, Tax Code, for which a challenge
22531634 petition was filed before January 1, 2018, is governed by the law in
22541635 effect on the date the challenge petition was filed, and the former
22551636 law is continued in effect for that purpose.
2256- SECTION 70. Sections 41.45 and 41.66, Tax Code, as amended
1637+ SECTION 44. Sections 41.45 and 41.66, Tax Code, as amended
22571638 by this Act, apply only to a protest filed under Chapter 41, Tax
22581639 Code, on or after January 1, 2019. A protest filed under that
22591640 chapter before January 1, 2019, is governed by the law in effect on
22601641 the date the protest was filed, and the former law is continued in
22611642 effect for that purpose.
2262- SECTION 71. Section 41.71, Tax Code, as amended by this Act,
2263- applies only to a hearing on a protest under Chapter 41, Tax Code,
2264- that is scheduled on or after January 1, 2018. A hearing on a
2265- protest under Chapter 41, Tax Code, that is scheduled before
2266- January 1, 2018, is governed by the law in effect on the date the
2267- hearing was scheduled, and that law is continued in effect for that
2268- purpose.
2269- SECTION 72. Sections 41A.01, 41A.03, and 41A.06, Tax Code,
2270- as amended by this Act, apply only to a request for binding
2271- arbitration under Chapter 41A, Tax Code, that is filed on or after
2272- January 1, 2018. A request for binding arbitration under Chapter
2273- 41A, Tax Code, that is filed before January 1, 2018, is governed by
2274- the law in effect on the date the request is filed, and the former
2275- law is continued in effect for that purpose.
2276- SECTION 73. (a) Except as provided by Subsections (b) and
2277- (c) of this section, this Act takes effect January 1, 2018.
2278- (b) Section 68 of this Act takes effect September 1, 2017.
2279- (c) The following provisions take effect September 1, 2018:
1643+ SECTION 45. (a) Except as otherwise provided by this Act,
1644+ this Act takes effect January 1, 2018.
1645+ (b) The following provisions take effect September 1, 2018:
22801646 (1) Sections 6.41(b) and (d-9), Tax Code, as amended
22811647 by this Act;
22821648 (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code,
22831649 as added by this Act;
22841650 (3) Section 6.414(d), Tax Code, as amended by this
22851651 Act;
22861652 (4) Section 6.425, Tax Code, as added by this Act;
2287- (5) Section 25.19(b-3), Tax Code, as added by this
1653+ (5) Section 41.44(d), Tax Code, as amended by this
22881654 Act;
2289- (6) Section 41.44(d), Tax Code, as amended by this
1655+ (6) Section 41.45(d), Tax Code, as amended by this
22901656 Act;
2291- (7) Section 41.45(d), Tax Code, as amended by this
2292- Act;
2293- (8) Sections 41.45(d-1), (d-2), and (d-3), Tax Code,
1657+ (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code,
22941658 as added by this Act;
2295- (9) Section 41.66(k), Tax Code, as amended by this
1659+ (8) Section 41.66(k), Tax Code, as amended by this
22961660 Act; and
2297- (10) Section 41.66(k-1), Tax Code, as added by this
1661+ (9) Section 41.66(k-1), Tax Code, as added by this
22981662 Act.
2299- * * * * *
1663+ (c) The following provisions take effect January 1, 2019:
1664+ (1) Sections 26.04(d-1), (d-2), (e-2), (e-3), and
1665+ (e-4), Tax Code, as added by this Act;
1666+ (2) Sections 26.04(e-1) and (g), Tax Code, as amended
1667+ by this Act;
1668+ (3) Sections 26.05(d-1) and (d-2), Tax Code, as added
1669+ by this Act; and
1670+ (4) Section 26.05(e), Tax Code, as amended by this
1671+ Act.