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1 | + | 85R30383 SMH-F | |
1 | 2 | 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. | |
9 | 5 | ||
10 | 6 | ||
11 | 7 | A BILL TO BE ENTITLED | |
12 | 8 | AN ACT | |
13 | - | relating to ad valorem | |
9 | + | relating to the administration of the ad valorem tax system. | |
14 | 10 | 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 | |
77 | 54 | 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 | |
137 | 73 | Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and | |
138 | 74 | (d-10) to read as follows: | |
139 | 75 | (b) Except as provided by Subsection (b-1) or (b-2), an | |
140 | 76 | appraisal review [The] board consists of three members. | |
141 | 77 | (b-1) An appraisal [However, the] district board of | |
142 | 78 | directors by resolution of a majority of the board's [its] members | |
143 | 79 | may increase the size of the district's appraisal review board to | |
144 | 80 | the number of members the board of directors considers appropriate. | |
145 | 81 | (b-2) An appraisal district board of directors for a | |
146 | - | district established in a county | |
147 | - | resolution of a majority of the board's members shall | |
148 | - | size of the district's appraisal review board to the | |
149 | - | members the board of directors considers appropriate to | |
150 | - | duties of the appraisal review board, including the | |
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. | |
152 | 88 | (d-9) In selecting individuals who are to serve as members | |
153 | 89 | of the appraisal review board, the local administrative district | |
154 | 90 | judge shall select an adequate number of qualified individuals to | |
155 | 91 | permit the chairman of the appraisal review board to fill the | |
156 | 92 | positions on each special panel established under Section 6.425. | |
157 | 93 | (d-10) Upon selection of the individuals who are to serve as | |
158 | 94 | members of the appraisal review board, the local administrative | |
159 | 95 | district judge shall enter an appropriate order designating such | |
160 | 96 | members and setting each member's respective term of office, as | |
161 | 97 | provided elsewhere in this section. | |
162 | - | SECTION | |
163 | - | ||
98 | + | SECTION 5. Section 6.414(d), Tax Code, is amended to read as | |
99 | + | follows: | |
164 | 100 | (d) An auxiliary board member may hear taxpayer protests | |
165 | 101 | before the appraisal review board. An auxiliary board member may | |
166 | 102 | not hear taxpayer protests before a special panel established under | |
167 | 103 | Section 6.425 unless the member is eligible to be appointed to the | |
168 | 104 | special panel. If one or more auxiliary board members sit on a | |
169 | 105 | panel established under Section 6.425 or 41.45 to conduct a protest | |
170 | 106 | hearing, the number of regular appraisal review board members | |
171 | 107 | required by that section to constitute the panel is reduced by the | |
172 | 108 | number of auxiliary board members sitting. An auxiliary board | |
173 | 109 | member sitting on a panel is considered a regular board member for | |
174 | 110 | 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 | |
184 | 112 | adding Section 6.425 to read as follows: | |
185 | 113 | Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN | |
186 | 114 | CERTAIN DISTRICTS. (a) This section applies only to the appraisal | |
187 | 115 | review board for an appraisal district described by Section | |
188 | 116 | 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 | |
204 | 130 | three members of the appraisal review board appointed by the | |
205 | 131 | chairman of the board. | |
206 | - | ( | |
132 | + | (d) To be eligible to be appointed to a special panel | |
207 | 133 | described by this section, a member of the appraisal review board | |
208 | 134 | must: | |
209 | 135 | (1) hold a juris doctor or equivalent degree; | |
210 | 136 | (2) hold a master of business administration degree; | |
211 | 137 | (3) be licensed as a certified public accountant under | |
212 | 138 | Chapter 901, Occupations Code; | |
213 | 139 | (4) be accredited by the American Society of | |
214 | 140 | Appraisers as an accredited senior appraiser; | |
215 | 141 | (5) possess an MAI professional designation from the | |
216 | 142 | Appraisal Institute; | |
217 | 143 | (6) possess a Certified Assessment Evaluator (CAE) | |
218 | 144 | professional designation from the International Association of | |
219 | - | Assessing Officers; | |
145 | + | Assessing Officers; | |
220 | 146 | (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 | |
223 | 151 | appraisal review board may appoint to a special panel described by | |
224 | 152 | this section a member of the appraisal review board who does not | |
225 | 153 | meet the qualifications prescribed by that subsection if: | |
226 | 154 | (1) the number of persons appointed to the board by the | |
227 | 155 | local administrative district judge who meet those qualifications | |
228 | 156 | 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 | |
234 | 166 | 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. | |
279 | 167 | (b-3) This subsection applies only to an appraisal district | |
280 | 168 | described by Section 6.41(b-2). In addition to the information | |
281 | 169 | 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 | |
299 | 184 | 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 | |
337 | 217 | Section 26.012(18), Tax Code, and amended to read as follows: | |
338 | - | (18) "No-new- | |
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 | |
340 | 220 | taxable value and calculated according to the following formula: | |
341 | - | NO-NEW- | |
221 | + | NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS | |
342 | 222 | RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST | |
343 | 223 | YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - | |
344 | 224 | NEW PROPERTY VALUE) | |
345 | - | SECTION | |
225 | + | SECTION 10. The heading to Section 26.04, Tax Code, is | |
346 | 226 | amended to read as follows: | |
347 | 227 | Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; | |
348 | - | NO-NEW- | |
349 | - | SECTION | |
350 | - | Subsections (b), (c), (d), (e), (e-1), (f), (i), and (j) and | |
351 | - | Subsections | |
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 | |
352 | 232 | follows: | |
353 | 233 | (b) The assessor shall submit the appraisal roll for the | |
354 | 234 | unit showing the total appraised, assessed, and taxable values of | |
355 | 235 | all property and the total taxable value of new property to the | |
356 | - | governing body of the unit by | |
357 | - | thereafter as practicable | |
358 | - | ||
359 | - | ||
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 | |
360 | 240 | current year to the governing body. If the collector certified an | |
361 | 241 | anticipated collection rate in the preceding year and the actual | |
362 | 242 | collection rate in that year exceeded the anticipated rate, the | |
363 | 243 | collector shall also certify the amount of debt taxes collected in | |
364 | 244 | excess of the anticipated amount in the preceding year. | |
365 | 245 | (c) An officer or employee designated by the governing body | |
366 | - | shall calculate the no-new- | |
246 | + | shall calculate the no-new-revenue [effective] tax rate and the | |
367 | 247 | rollback tax rate for the unit, where: | |
368 | - | (1) "No-new- | |
248 | + | (1) "No-new-revenue [Effective] tax rate" means a rate | |
369 | 249 | expressed in dollars per $100 of taxable value calculated according | |
370 | 250 | to the following formula: | |
371 | - | NO-NEW- | |
372 | - | LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - | |
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) | |
374 | 254 | ; and | |
375 | 255 | (2) "Rollback tax rate" means a rate expressed in | |
376 | 256 | dollars per $100 of taxable value calculated according to the | |
377 | 257 | 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 | |
390 | 263 | county is the sum of the rollback tax rates calculated for each type | |
391 | 264 | 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. | |
399 | 269 | (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 | |
420 | 283 | comptroller: | |
421 | - | (1) the no-new- | |
284 | + | (1) the no-new-revenue [effective] tax rate, the | |
422 | 285 | rollback tax rate, and an explanation of how they were calculated; | |
423 | 286 | (2) the estimated amount of interest and sinking fund | |
424 | 287 | balances and the estimated amount of maintenance and operation or | |
425 | 288 | general fund balances remaining at the end of the current fiscal | |
426 | 289 | year that are not encumbered with or by corresponding existing debt | |
427 | 290 | obligation; | |
428 | 291 | (3) a schedule of the unit's debt obligations showing: | |
429 | 292 | (A) the amount of principal and interest that | |
430 | 293 | will be paid to service the unit's debts in the next year from | |
431 | 294 | property tax revenue, including payments of lawfully incurred | |
432 | 295 | contractual obligations providing security for the payment of the | |
433 | 296 | principal of and interest on bonds and other evidences of | |
434 | 297 | indebtedness issued on behalf of the unit by another political | |
435 | 298 | subdivision and, if the unit is created under Section 52, Article | |
436 | 299 | III, or Section 59, Article XVI, Texas Constitution, payments on | |
437 | 300 | debts that the unit anticipates to incur in the next calendar year; | |
438 | 301 | (B) the amount by which taxes imposed for debt | |
439 | 302 | are to be increased because of the unit's anticipated collection | |
440 | 303 | rate; and | |
441 | 304 | (C) the total of the amounts listed in Paragraphs | |
442 | 305 | (A)-(B), less any amount collected in excess of the previous year's | |
443 | 306 | anticipated collections certified as provided in Subsection (b); | |
444 | 307 | (4) the amount of additional sales and use tax revenue | |
445 | 308 | anticipated in calculations under Section 26.041; | |
446 | 309 | (5) a statement that the adoption of a tax rate equal | |
447 | - | to the no-new- | |
310 | + | to the no-new-revenue [effective] tax rate would result in an | |
448 | 311 | increase or decrease, as applicable, in the amount of taxes imposed | |
449 | 312 | by the unit as compared to last year's levy, and the amount of the | |
450 | 313 | increase or decrease; | |
451 | 314 | (6) in the year that a taxing unit calculates an | |
452 | 315 | adjustment under Subsection (i) or (j), a schedule that includes | |
453 | 316 | the following elements: | |
454 | 317 | (A) the name of the unit discontinuing the | |
455 | 318 | department, function, or activity; | |
456 | 319 | (B) the amount of property tax revenue spent by | |
457 | 320 | the unit listed under Paragraph (A) to operate the discontinued | |
458 | 321 | department, function, or activity in the 12 months preceding the | |
459 | 322 | month in which the calculations required by this chapter are made; | |
460 | 323 | and | |
461 | 324 | (C) the name of the unit that operates a distinct | |
462 | 325 | department, function, or activity in all or a majority of the | |
463 | 326 | territory of a taxing unit that has discontinued operating the | |
464 | 327 | distinct department, function, or activity; and | |
465 | 328 | (7) in the year following the year in which a taxing | |
466 | 329 | unit raised its rollback tax rate as required by Subsection (j), a | |
467 | 330 | schedule that includes the following elements: | |
468 | 331 | (A) the amount of property tax revenue spent by | |
469 | 332 | the unit to operate the department, function, or activity for which | |
470 | 333 | the taxing unit raised the rollback tax rate as required by | |
471 | 334 | Subsection (j) for the 12 months preceding the month in which the | |
472 | 335 | calculations required by this chapter are made; and | |
473 | 336 | (B) the amount published by the unit in the | |
474 | 337 | preceding tax year under Subdivision (6)(B). | |
475 | 338 | (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). | |
478 | 371 | (f) If as a result of consolidation of taxing units a taxing | |
479 | 372 | unit includes territory that was in two or more taxing units in the | |
480 | 373 | preceding year, the amount of taxes imposed in each in the preceding | |
481 | - | year is combined for purposes of calculating the no-new- | |
374 | + | year is combined for purposes of calculating the no-new-revenue | |
482 | 375 | [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]. | |
487 | 384 | (i) This subsection applies to a taxing unit that has agreed | |
488 | 385 | by written contract to transfer a distinct department, function, or | |
489 | 386 | activity to another taxing unit and discontinues operating that | |
490 | 387 | distinct department, function, or activity if the operation of that | |
491 | 388 | department, function, or activity in all or a majority of the | |
492 | 389 | territory of the taxing unit is continued by another existing | |
493 | 390 | taxing unit or by a new taxing unit. The rollback tax rate of a | |
494 | 391 | taxing unit to which this subsection applies in the first tax year | |
495 | 392 | in which a budget is adopted that does not allocate revenue to the | |
496 | 393 | discontinued department, function, or activity is calculated as | |
497 | 394 | otherwise provided by this section, except that last year's levy | |
498 | - | used to calculate the no-new- | |
395 | + | used to calculate the no-new-revenue [effective] maintenance and | |
499 | 396 | operations rate of the unit is reduced by the amount of maintenance | |
500 | 397 | and operations tax revenue spent by the taxing unit to operate the | |
501 | 398 | department, function, or activity for the 12 months preceding the | |
502 | 399 | month in which the calculations required by this chapter are made | |
503 | 400 | and in which the unit operated the discontinued department, | |
504 | 401 | function, or activity. If the unit did not operate that department, | |
505 | 402 | function, or activity for the full 12 months preceding the month in | |
506 | 403 | which the calculations required by this chapter are made, the unit | |
507 | - | shall reduce last year's levy used for calculating the | |
508 | - | [effective] maintenance and operations rate of the | |
509 | - | amount of the revenue spent in the last full fiscal year | |
510 | - | the unit operated the discontinued department, function, | |
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. | |
512 | 409 | (j) This subsection applies to a taxing unit that had agreed | |
513 | 410 | by written contract to accept the transfer of a distinct | |
514 | 411 | department, function, or activity from another taxing unit and | |
515 | 412 | operates a distinct department, function, or activity if the | |
516 | 413 | operation of a substantially similar department, function, or | |
517 | 414 | activity in all or a majority of the territory of the taxing unit | |
518 | 415 | has been discontinued by another taxing unit, including a dissolved | |
519 | 416 | taxing unit. The rollback tax rate of a taxing unit to which this | |
520 | 417 | subsection applies in the first tax year after the other taxing unit | |
521 | 418 | discontinued the substantially similar department, function, or | |
522 | 419 | activity in which a budget is adopted that allocates revenue to the | |
523 | 420 | department, function, or activity is calculated as otherwise | |
524 | 421 | 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: | |
545 | 441 | (a) In the first year in which an additional sales and use | |
546 | - | tax is required to be collected, the no-new- | |
442 | + | tax is required to be collected, the no-new-revenue [effective] tax | |
547 | 443 | rate and rollback tax rate for the unit are calculated according to | |
548 | 444 | the following formulas: | |
549 | - | NO-NEW- | |
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 | |
551 | 447 | PROPERTY VALUE)] - SALES TAX GAIN RATE | |
552 | 448 | and | |
553 | - | ROLLBACK TAX RATE = (NO-NEW- | |
554 | - | MAINTENANCE AND OPERATIONS RATE x 1. | |
555 | - | ||
449 | + | ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] | |
450 | + | MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT | |
451 | + | RATE - SALES TAX GAIN RATE | |
556 | 452 | where "sales tax gain rate" means a number expressed in dollars per | |
557 | 453 | $100 of taxable value, calculated by dividing the revenue that will | |
558 | 454 | be generated by the additional sales and use tax in the following | |
559 | 455 | year as calculated under Subsection (d) [of this section] by the | |
560 | 456 | current total value. | |
561 | 457 | (b) Except as provided by Subsections (a) and (c) [of this | |
562 | 458 | 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 | |
564 | 460 | according to the following formula, regardless of whether the unit | |
565 | 461 | levied a property tax in the preceding year: | |
566 | 462 | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND | |
567 | - | OPERATIONS EXPENSE x 1. | |
568 | - | ||
569 | - | ||
463 | + | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL | |
464 | + | VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - | |
465 | + | SALES TAX REVENUE RATE) | |
570 | 466 | where "last year's maintenance and operations expense" means the | |
571 | 467 | amount spent for maintenance and operations from property tax and | |
572 | 468 | additional sales and use tax revenues in the preceding year, and | |
573 | 469 | "sales tax revenue rate" means a number expressed in dollars per | |
574 | 470 | $100 of taxable value, calculated by dividing the revenue that will | |
575 | 471 | be generated by the additional sales and use tax in the current year | |
576 | 472 | as calculated under Subsection (d) [of this section] by the current | |
577 | 473 | total value. | |
578 | 474 | (c) In a year in which a taxing unit that has been imposing | |
579 | 475 | an additional sales and use tax ceases to impose an additional sales | |
580 | - | and use tax the no-new- | |
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 | |
582 | 478 | formulas: | |
583 | - | NO-NEW- | |
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 | |
585 | 481 | PROPERTY VALUE)] + SALES TAX LOSS RATE | |
586 | 482 | and | |
587 | 483 | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND | |
588 | - | OPERATIONS EXPENSE x 1. | |
589 | - | ||
484 | + | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL | |
485 | + | VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE | |
590 | 486 | where "sales tax loss rate" means a number expressed in dollars per | |
591 | 487 | $100 of taxable value, calculated by dividing the amount of sales | |
592 | 488 | and use tax revenue generated in the last four quarters for which | |
593 | 489 | the information is available by the current total value and "last | |
594 | 490 | year's maintenance and operations expense" means the amount spent | |
595 | 491 | for maintenance and operations from property tax and additional | |
596 | 492 | 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. | |
603 | 493 | (e) If a city that imposes an additional sales and use tax | |
604 | 494 | receives payments under the terms of a contract executed before | |
605 | 495 | January 1, 1986, in which the city agrees not to annex certain | |
606 | 496 | property or a certain area and the owners or lessees of the property | |
607 | 497 | or of property in the area agree to pay at least annually to the city | |
608 | 498 | an amount determined by reference to all or a percentage of the | |
609 | 499 | property tax rate of the city and all or a part of the value of the | |
610 | 500 | property subject to the agreement or included in the area subject to | |
611 | 501 | the agreement, the governing body, by order adopted by a majority | |
612 | 502 | vote of the governing body, may direct the designated officer or | |
613 | - | employee to add to the no-new- | |
503 | + | employee to add to the no-new-revenue [effective] and rollback tax | |
614 | 504 | rates the amount that, when applied to the total taxable value | |
615 | 505 | submitted to the governing body, would produce an amount of taxes | |
616 | 506 | equal to the difference between the total amount of payments for the | |
617 | 507 | tax year under contracts described by this subsection under the | |
618 | 508 | rollback tax rate calculated under this section and the total | |
619 | 509 | amount of payments for the tax year that would have been obligated | |
620 | 510 | to the city if the city had not adopted an additional sales and use | |
621 | 511 | tax. | |
622 | 512 | (g) If the rate of the additional sales and use tax is | |
623 | 513 | increased, the designated officer or employee shall make two | |
624 | 514 | projections, in the manner provided by Subsection (d) [of this | |
625 | 515 | section], of the revenue generated by the additional sales and use | |
626 | 516 | tax in the following year. The first projection must take into | |
627 | 517 | 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 | |
631 | 526 | 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. | |
639 | 529 | (h) If the rate of the additional sales and use tax is | |
640 | 530 | decreased, the designated officer or employee shall make two | |
641 | 531 | projections, in the manner provided by Subsection (d) [of this | |
642 | 532 | section], of the revenue generated by the additional sales and use | |
643 | 533 | tax in the following year. The first projection must take into | |
644 | 534 | account the decrease and the second projection must not take into | |
645 | - | account the decrease. The officer or employee shall | |
646 | - | the amount of the result of the first projection from | |
647 | - | the result of the second projection to determine the | |
648 | - | a result of the decrease in the additional sales and | |
649 | - | first year in which an additional sales and use tax | |
650 | - | the no-new- | |
651 | - | no-new- | |
652 | - | the numerator of which is the revenue lost as a result of | |
653 | - | decrease in the additional sales and use tax, as determined | |
654 | - | this subsection, and the denominator of which is the current | |
655 | - | value minus the new property value. | |
656 | - | SECTION | |
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 | |
657 | 547 | amended to read as follows: | |
658 | - | Sec. 26.043. ROLLBACK AND NO-NEW- | |
548 | + | Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX | |
659 | 549 | RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. | |
660 | - | SECTION | |
550 | + | SECTION 14. Sections 26.043(a) and (b), Tax Code, are | |
661 | 551 | amended to read as follows: | |
662 | 552 | (a) In the tax year in which a city has set an election on | |
663 | 553 | the question of whether to impose a local sales and use tax under | |
664 | 554 | Subchapter H, Chapter 453, Transportation Code, the officer or | |
665 | 555 | employee designated to make the calculations provided by Section | |
666 | 556 | 26.04 may not make those calculations until the outcome of the | |
667 | 557 | election is determined. If the election is determined in favor of | |
668 | 558 | the imposition of the tax, the representative shall subtract from | |
669 | - | the city's rollback and no-new- | |
559 | + | the city's rollback and no-new-revenue [effective] tax rates the | |
670 | 560 | amount that, if applied to the city's current total value, would | |
671 | 561 | impose an amount equal to the amount of property taxes budgeted in | |
672 | 562 | the current tax year to pay for expenses related to mass transit | |
673 | 563 | services. | |
674 | 564 | (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 | |
678 | 569 | amended to read as follows: | |
679 | - | Sec. 26.044. NO-NEW- | |
570 | + | Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR | |
680 | 571 | STATE CRIMINAL JUSTICE MANDATE. | |
681 | - | SECTION | |
572 | + | SECTION 16. Sections 26.044(a), (b), and (c), Tax Code, are | |
682 | 573 | amended to read as follows: | |
683 | 574 | (a) The first time that a county adopts a tax rate after | |
684 | 575 | September 1, 1991, in which the state criminal justice mandate | |
685 | - | applies to the county, the no-new- | |
686 | - | operation rate for the county is increased by the rate | |
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: | |
688 | 579 | (State Criminal Justice Mandate) / (Current Total | |
689 | 580 | Value - New Property Value) | |
690 | 581 | (b) In the second and subsequent years that a county adopts | |
691 | 582 | a tax rate, if the amount spent by the county for the state criminal | |
692 | - | justice mandate increased over the previous year, the | |
693 | - | [effective] maintenance and operation rate for the | |
694 | - | increased by the rate calculated according to the | |
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: | |
696 | 587 | (This Year's State Criminal Justice Mandate - Previous | |
697 | 588 | Year's State Criminal Justice Mandate) / (Current | |
698 | 589 | Total Value - New Property Value) | |
699 | 590 | (c) The county shall include a notice of the increase in the | |
700 | - | no-new- | |
591 | + | no-new-revenue [effective] maintenance and operation rate provided | |
701 | 592 | by this section, including a description and amount of the state | |
702 | 593 | criminal justice mandate, in the information published under | |
703 | 594 | Section 26.04(e) and Section 26.06(b) [of this code]. | |
704 | - | SECTION | |
595 | + | SECTION 17. Sections 26.0441(a), (b), and (c), Tax Code, | |
705 | 596 | are amended to read as follows: | |
706 | 597 | (a) In the first tax year in which a taxing unit adopts a tax | |
707 | 598 | rate after January 1, 2000, and in which the enhanced minimum | |
708 | 599 | eligibility standards for indigent health care established under | |
709 | 600 | Section 61.006, Health and Safety Code, apply to the taxing unit, | |
710 | - | the no-new- | |
601 | + | the no-new-revenue [effective] maintenance and operations rate for | |
711 | 602 | the taxing unit is increased by the rate computed according to the | |
712 | 603 | following formula: | |
713 | 604 | Amount of Increase = Enhanced Indigent Health Care | |
714 | 605 | Expenditures / (Current Total Value - New Property | |
715 | 606 | Value) | |
716 | 607 | (b) In each subsequent tax year, if the taxing unit's | |
717 | 608 | enhanced indigent health care expenses exceed the amount of those | |
718 | - | expenses for the preceding year, the no-new- | |
609 | + | expenses for the preceding year, the no-new-revenue [effective] | |
719 | 610 | maintenance and operations rate for the taxing unit is increased by | |
720 | 611 | the rate computed according to the following formula: | |
721 | 612 | Amount of Increase = (Current Tax Year's Enhanced | |
722 | 613 | Indigent Health Care Expenditures - Preceding Tax | |
723 | 614 | Year's Indigent Health Care Expenditures) / (Current | |
724 | 615 | Total Value - New Property Value) | |
725 | 616 | (c) The taxing unit shall include a notice of the increase | |
726 | - | in its no-new- | |
617 | + | in its no-new-revenue [effective] maintenance and operations rate | |
727 | 618 | provided by this section, including a brief description and the | |
728 | 619 | amount of the enhanced indigent health care expenditures, in the | |
729 | 620 | information published under Section 26.04(e) and, if applicable, | |
730 | 621 | 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: | |
754 | 625 | (b) A taxing unit may not impose property taxes in any year | |
755 | 626 | until the governing body has adopted a tax rate for that year, and | |
756 | 627 | the annual tax rate must be set by ordinance, resolution, or order, | |
757 | 628 | depending on the method prescribed by law for adoption of a law by | |
758 | 629 | the governing body. The vote on the ordinance, resolution, or order | |
759 | 630 | setting the tax rate must be separate from the vote adopting the | |
760 | 631 | budget. For a taxing unit other than a school district, the vote on | |
761 | 632 | the ordinance, resolution, or order setting a tax rate that exceeds | |
762 | - | the no-new- | |
763 | - | least 60 percent of the members of the governing body must vote | |
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 | |
765 | 636 | district, the vote on the ordinance, resolution, or order setting a | |
766 | - | tax rate that exceeds the sum of the no-new- | |
637 | + | tax rate that exceeds the sum of the no-new-revenue [effective] | |
767 | 638 | maintenance and operations tax rate of the district as determined | |
768 | 639 | under Section 26.08(i) and the district's current debt rate must be | |
769 | 640 | a record vote, and at least 60 percent of the members of the | |
770 | 641 | governing body must vote in favor of the ordinance, resolution, or | |
771 | 642 | 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: | |
782 | 654 | (1) include in the ordinance, resolution, or order in | |
783 | 655 | type larger than the type used in any other portion of the document: | |
784 | 656 | (A) the following statement: "THIS TAX RATE WILL | |
785 | 657 | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S | |
786 | 658 | TAX RATE."; and | |
787 | - | (B) if the tax rate exceeds the no-new- | |
659 | + | (B) if the tax rate exceeds the no-new-revenue | |
788 | 660 | [effective] maintenance and operations rate, the following | |
789 | 661 | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | |
790 | - | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW- | |
662 | + | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE | |
791 | 663 | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE | |
792 | 664 | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY | |
793 | 665 | APPROXIMATELY $(Insert amount)."; and | |
794 | 666 | (2) include on the home page of any Internet website | |
795 | 667 | operated by the unit: | |
796 | 668 | (A) the following statement: "(Insert name of | |
797 | 669 | unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE | |
798 | 670 | AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and | |
799 | - | (B) if the tax rate exceeds the no-new- | |
671 | + | (B) if the tax rate exceeds the no-new-revenue | |
800 | 672 | [effective] maintenance and operations rate, the following | |
801 | 673 | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | |
802 | - | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW- | |
674 | + | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE | |
803 | 675 | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE | |
804 | 676 | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY | |
805 | 677 | APPROXIMATELY $(Insert amount)." | |
806 | 678 | (c) If the governing body of a taxing unit does not adopt a | |
807 | 679 | tax rate before the date required by Subsection (a), the tax rate | |
808 | 680 | for the taxing unit for that tax year is the lower of the | |
809 | - | no-new- | |
681 | + | no-new-revenue [effective] tax rate calculated for that tax year or | |
810 | 682 | the tax rate adopted by the taxing unit for the preceding tax year. | |
811 | 683 | A tax rate established by this subsection is treated as an adopted | |
812 | 684 | tax rate. Before the fifth day after the establishment of a tax | |
813 | 685 | rate by this subsection, the governing body of the taxing unit must | |
814 | 686 | ratify the applicable tax rate in the manner required by Subsection | |
815 | 687 | (b). | |
816 | 688 | (d) The governing body of a taxing unit other than a school | |
817 | 689 | district may not adopt a tax rate that exceeds the lower of the | |
818 | - | rollback tax rate or the no-new- | |
690 | + | rollback tax rate or the no-new-revenue [effective] tax rate | |
819 | 691 | calculated as provided by this chapter until the governing body has | |
820 | 692 | held two public hearings on the proposed tax rate and has otherwise | |
821 | 693 | complied with Section 26.06 and Section 26.065. The governing body | |
822 | 694 | 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]. | |
837 | 739 | (g) Notwithstanding Subsection (a), the governing body of a | |
838 | 740 | school district that elects to adopt a tax rate before the adoption | |
839 | 741 | of a budget for the fiscal year that begins in the current tax year | |
840 | 742 | may adopt a tax rate for the current tax year before receipt of the | |
841 | 743 | certified appraisal roll for the school district if the chief | |
842 | 744 | appraiser of the appraisal district in which the school district | |
843 | 745 | participates has certified to the assessor for the school district | |
844 | 746 | an estimate of the taxable value of property in the school district | |
845 | 747 | as provided by Section 26.01(e). If a school district adopts a tax | |
846 | - | rate under this subsection, the no-new- | |
748 | + | rate under this subsection, the no-new-revenue [effective] tax rate | |
847 | 749 | and the rollback tax rate of the district shall be calculated based | |
848 | 750 | 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. | |
851 | 765 | (e) Public notice provided under Subsection (c) must | |
852 | 766 | specify: | |
853 | 767 | (1) the tax rate that the governing body proposes to | |
854 | 768 | adopt; | |
855 | 769 | (2) the date, time, and location of the meeting of the | |
856 | 770 | governing body of the taxing unit at which the governing body will | |
857 | 771 | consider adopting the proposed tax rate; and | |
858 | 772 | (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: | |
868 | 780 | (b) The notice of a public hearing may not be smaller than | |
869 | 781 | one-quarter page of a standard-size or a tabloid-size newspaper, | |
870 | 782 | and the headline on the notice must be in 24-point or larger type. | |
871 | - | | |
872 | - | | |
873 | - | | |
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 | |
874 | 786 | on a proposal to increase total tax revenues from properties on the | |
875 | 787 | 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 | |
883 | 799 | (meeting place). | |
884 | - | | |
800 | + | "The second public hearing will be held on (date and time) at | |
885 | 801 | (meeting place). | |
886 | - | | |
802 | + | "(Names of all members of the governing body, showing how | |
887 | 803 | each voted on the proposal to consider the tax increase or, if one | |
888 | 804 | or more were absent, indicating the absences.) | |
889 | - | | |
805 | + | "The average taxable value of a residence homestead in (name | |
890 | 806 | of taxing unit) last year was $____ (average taxable value of a | |
891 | 807 | residence homestead in the taxing unit for the preceding tax year, | |
892 | 808 | disregarding residence homestead exemptions available only to | |
893 | 809 | disabled persons or persons 65 years of age or older). Based on | |
894 | 810 | last year's tax rate of $____ (preceding year's adopted tax rate) | |
895 | 811 | per $100 of taxable value, the amount of taxes imposed last year on | |
896 | 812 | the average home was $____ (tax on average taxable value of a | |
897 | 813 | residence homestead in the taxing unit for the preceding tax year, | |
898 | 814 | disregarding residence homestead exemptions available only to | |
899 | 815 | disabled persons or persons 65 years of age or older). | |
900 | - | | |
816 | + | "The average taxable value of a residence homestead in (name | |
901 | 817 | of taxing unit) this year is $____ (average taxable value of a | |
902 | 818 | residence homestead in the taxing unit for the current tax year, | |
903 | 819 | disregarding residence homestead exemptions available only to | |
904 | 820 | disabled persons or persons 65 years of age or older). If the | |
905 | - | governing body adopts the effective tax rate for | |
906 | - | (effective tax rate) per $100 | |
907 | - | imposed this year on the | |
908 | - | taxable value of a | |
909 | - | current tax year, | |
910 | - | available only to | |
911 | - | older). | |
912 | - | | |
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 $____ | |
913 | 829 | (proposed tax rate) per $100 of taxable value, the amount of taxes | |
914 | 830 | imposed this year on the average home would be $____ (tax on the | |
915 | 831 | average taxable value of a residence in the taxing unit for the | |
916 | 832 | current year disregarding residence homestead exemptions available | |
917 | 833 | 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. | |
1038 | 846 | (d) At the public hearings the governing body shall announce | |
1039 | 847 | the date, time, and place of the meeting at which it will vote on the | |
1040 | 848 | proposed tax rate. After each hearing the governing body shall give | |
1041 | 849 | notice of the meeting at which it will vote on the proposed tax rate | |
1042 | 850 | and the notice shall be in the same form as prescribed by | |
1043 | 851 | Subsections (b) and (c), except that it must state the following: | |
1044 | 852 | "NOTICE OF TAX REVENUE INCREASE | |
1045 | 853 | "The (name of the taxing unit) conducted public hearings on | |
1046 | 854 | (date of first hearing) and (date of second hearing) on a proposal | |
1047 | 855 | to increase the total tax revenues of the (name of the taxing unit) | |
1048 | 856 | from properties on the tax roll in the preceding year by (percentage | |
1049 | 857 | by which proposed tax rate exceeds lower of rollback tax rate or | |
1050 | - | no-new- | |
858 | + | no-new-revenue [effective] tax rate calculated under this chapter) | |
1051 | 859 | percent. | |
1052 | 860 | "The total tax revenue proposed to be raised last year at last | |
1053 | 861 | year's tax rate of (insert tax rate for the preceding year) for each | |
1054 | 862 | $100 of taxable value was (insert total amount of taxes imposed in | |
1055 | 863 | the preceding year). | |
1056 | 864 | "The total tax revenue proposed to be raised this year at the | |
1057 | 865 | proposed tax rate of (insert proposed tax rate) for each $100 of | |
1058 | 866 | taxable value, excluding tax revenue to be raised from new property | |
1059 | 867 | added to the tax roll this year, is (insert amount computed by | |
1060 | 868 | multiplying proposed tax rate by the difference between current | |
1061 | 869 | total value and new property value). | |
1062 | 870 | "The total tax revenue proposed to be raised this year at the | |
1063 | 871 | proposed tax rate of (insert proposed tax rate) for each $100 of | |
1064 | 872 | taxable value, including tax revenue to be raised from new property | |
1065 | 873 | added to the tax roll this year, is (insert amount computed by | |
1066 | 874 | multiplying proposed tax rate by current total value). | |
1067 | 875 | "The (governing body of the taxing unit) is scheduled to vote | |
1068 | 876 | on the tax rate that will result in that tax increase at a public | |
1069 | 877 | meeting to be held on (date of meeting) at (location of meeting, | |
1070 | 878 | including mailing address) at (time of meeting). | |
1071 | 879 | "The (governing body of the taxing unit) proposes to use the | |
1072 | 880 | increase in total tax revenue for the purpose of (description of | |
1073 | 881 | purpose of increase)." | |
1074 | 882 | (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 | |
1251 | 902 | 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. | |
1321 | 903 | (g) In a school district that received distributions from an | |
1322 | 904 | equalization tax imposed under former Chapter 18, Education Code, | |
1323 | - | the no-new- | |
905 | + | the no-new-revenue [effective] rate of that tax as of the date of | |
1324 | 906 | the county unit system's abolition is added to the district's | |
1325 | 907 | 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. | |
1332 | 908 | (n) For purposes of this section, the rollback tax rate of a | |
1333 | 909 | school district whose maintenance and operations tax rate for the | |
1334 | 910 | 2005 tax year was $1.50 or less per $100 of taxable value is: | |
1335 | 911 | (1) for the 2006 tax year, the sum of the rate that is | |
1336 | 912 | equal to 88.67 percent of the maintenance and operations tax rate | |
1337 | 913 | adopted by the district for the 2005 tax year, the rate of $0.04 per | |
1338 | 914 | $100 of taxable value, and the district's current debt rate; and | |
1339 | 915 | (2) for the 2007 and subsequent tax years, the lesser | |
1340 | 916 | of the following: | |
1341 | 917 | (A) the sum of the following: | |
1342 | 918 | (i) the rate per $100 of taxable value that | |
1343 | 919 | is equal to the product of the state compression percentage, as | |
1344 | 920 | determined under Section 42.2516, Education Code, for the current | |
1345 | 921 | year and $1.50; | |
1346 | 922 | (ii) the rate of $0.04 per $100 of taxable | |
1347 | 923 | value; | |
1348 | 924 | (iii) the rate that is equal to the sum of | |
1349 | 925 | the differences for the 2006 and each subsequent tax year between | |
1350 | 926 | the adopted tax rate of the district for that year if the rate was | |
1351 | 927 | approved at an election under this section and the rollback tax rate | |
1352 | 928 | of the district for that year; and | |
1353 | 929 | (iv) the district's current debt rate; or | |
1354 | 930 | (B) the sum of the following: | |
1355 | - | (i) the no-new- | |
931 | + | (i) the no-new-revenue [effective] | |
1356 | 932 | maintenance and operations tax rate of the district as computed | |
1357 | 933 | under Subsection (i) [or (k), as applicable]; | |
1358 | 934 | (ii) the rate per $100 of taxable value that | |
1359 | 935 | is equal to the product of the state compression percentage, as | |
1360 | 936 | determined under Section 42.2516, Education Code, for the current | |
1361 | 937 | year and $0.06; and | |
1362 | 938 | (iii) the district's current debt rate. | |
1363 | 939 | (p) Notwithstanding Subsections (i), (n), and (o), if for | |
1364 | 940 | the preceding tax year a school district adopted a maintenance and | |
1365 | - | operations tax rate that was less than the district's | |
1366 | - | [effective] maintenance and operations tax rate for | |
1367 | - | tax year, the rollback tax rate of the district for | |
1368 | - | year is calculated as if the district adopted a | |
1369 | - | operations tax rate for the preceding tax year that | |
1370 | - | district's no-new- | |
1371 | - | rate for that preceding tax year. | |
1372 | - | SECTION | |
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 | |
1373 | 949 | September 1, 2017, is amended to read as follows: | |
1374 | - | (i) For purposes of this section, the no-new- | |
950 | + | (i) For purposes of this section, the no-new-revenue | |
1375 | 951 | [effective] maintenance and operations tax rate of a school | |
1376 | 952 | district is the tax rate that, applied to the current total value | |
1377 | 953 | for the district, would impose taxes in an amount that, when added | |
1378 | 954 | to state funds that would be distributed to the district under | |
1379 | 955 | Chapter 42, Education Code, for the school year beginning in the | |
1380 | 956 | current tax year using that tax rate, would provide the same amount | |
1381 | 957 | of state funds distributed under Chapter 42, Education Code, and | |
1382 | 958 | maintenance and operations taxes of the district per student in | |
1383 | 959 | weighted average daily attendance for that school year that would | |
1384 | 960 | have been available to the district in the preceding year if the | |
1385 | 961 | funding elements for Chapters 41 and 42, Education Code, for the | |
1386 | 962 | 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: | |
1400 | 971 | (1) the adopted tax rate; | |
1401 | 972 | (2) the maintenance and operations rate; | |
1402 | 973 | (3) the debt rate; | |
1403 | - | (4) the no-new- | |
1404 | - | (5) the no-new- | |
974 | + | (4) the no-new-revenue [effective] tax rate; | |
975 | + | (5) the no-new-revenue [effective] maintenance and | |
1405 | 976 | operations rate; and | |
1406 | 977 | (6) the rollback tax rate. | |
1407 | 978 | (a-1) For purposes of Subsection (a), a reference to the | |
1408 | - | no-new- | |
979 | + | no-new-revenue tax rate or the no-new-revenue maintenance and | |
1409 | 980 | operations rate includes the equivalent effective tax rate or | |
1410 | 981 | effective maintenance and operations rate for a preceding year. | |
1411 | 982 | This subsection expires January 1, 2024. | |
1412 | 983 | (d) The county assessor-collector shall post immediately | |
1413 | 984 | below the table prescribed by Subsection (c) the following | |
1414 | 985 | statement: | |
1415 | 986 | "The county is providing this table of property tax rate | |
1416 | 987 | information as a service to the residents of the county. Each | |
1417 | 988 | individual taxing unit is responsible for calculating the property | |
1418 | 989 | tax rates listed in this table pertaining to that taxing unit and | |
1419 | 990 | providing that information to the county. | |
1420 | 991 | "The adopted tax rate is the tax rate adopted by the governing | |
1421 | 992 | body of a taxing unit. | |
1422 | 993 | "The maintenance and operations rate is the component of the | |
1423 | 994 | adopted tax rate of a taxing unit that will impose the amount of | |
1424 | 995 | taxes needed to fund maintenance and operation expenditures of the | |
1425 | 996 | unit for the following year. | |
1426 | 997 | "The debt rate is the component of the adopted tax rate of a | |
1427 | 998 | taxing unit that will impose the amount of taxes needed to fund the | |
1428 | 999 | unit's debt service for the following year. | |
1429 | - | "The no-new- | |
1000 | + | "The no-new-revenue [effective] tax rate is the tax rate that | |
1430 | 1001 | would generate the same amount of revenue in the current tax year as | |
1431 | 1002 | was generated by a taxing unit's adopted tax rate in the preceding | |
1432 | 1003 | tax year from property that is taxable in both the current tax year | |
1433 | 1004 | and the preceding tax year. | |
1434 | - | "The no-new- | |
1005 | + | "The no-new-revenue [effective] maintenance and operations | |
1435 | 1006 | rate is the tax rate that would generate the same amount of revenue | |
1436 | 1007 | for maintenance and operations in the current tax year as was | |
1437 | 1008 | generated by a taxing unit's maintenance and operations rate in the | |
1438 | 1009 | preceding tax year from property that is taxable in both the current | |
1439 | 1010 | tax year and the preceding tax year. | |
1440 | 1011 | "The rollback tax rate is the highest tax rate a taxing unit | |
1441 | - | may adopt before requiring voter approval at an election. | |
1442 | - | ||
1443 | - | ||
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 | |
1444 | 1015 | 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; | |
1455 | 1144 | 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 | |
1509 | 1148 | as follows: | |
1510 | 1149 | (a) A taxing unit is entitled to challenge before the | |
1511 | 1150 | appraisal review board: | |
1512 | 1151 | (1) [the level of appraisals of any category of | |
1513 | 1152 | property in the district or in any territory in the district, but | |
1514 | 1153 | not the appraised value of a single taxpayer's property; | |
1515 | 1154 | [(2)] an exclusion of property from the appraisal | |
1516 | 1155 | records; | |
1517 | 1156 | (2) [(3)] a grant in whole or in part of a partial | |
1518 | 1157 | exemption; | |
1519 | 1158 | (3) [(4)] a determination that land qualifies for | |
1520 | 1159 | appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or | |
1521 | 1160 | (4) [(5)] failure to identify the taxing unit as one | |
1522 | 1161 | in which a particular property is taxable. | |
1523 | - | SECTION | |
1162 | + | SECTION 27. Section 41.44(d), Tax Code, is amended to read | |
1524 | 1163 | 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. | |
1585 | 1164 | (d) A notice of protest is sufficient if it identifies the | |
1586 | 1165 | protesting property owner, including a person claiming an ownership | |
1587 | 1166 | interest in the property even if that person is not listed on the | |
1588 | 1167 | appraisal records as an owner of the property, identifies the | |
1589 | 1168 | property that is the subject of the protest, and indicates apparent | |
1590 | 1169 | dissatisfaction with some determination of the appraisal office. | |
1591 | 1170 | The notice need not be on an official form, but the comptroller | |
1592 | 1171 | shall prescribe a form that provides for more detail about the | |
1593 | 1172 | nature of the protest. The form must permit a property owner to | |
1594 | 1173 | include each property in the appraisal district that is the subject | |
1595 | 1174 | of a protest. The form must permit a property owner to request that | |
1596 | 1175 | the protest be heard by a special panel established under Section | |
1597 | 1176 | 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 | |
1604 | 1182 | Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to | |
1605 | 1183 | read as follows: | |
1606 | 1184 | (d) This subsection does not apply to a special panel | |
1607 | 1185 | established under Section 6.425. An appraisal review board | |
1608 | 1186 | consisting of more than three members may sit in panels of not fewer | |
1609 | 1187 | than three members to conduct protest hearings. [However, the | |
1610 | 1188 | determination of a protest heard by a panel must be made by the | |
1611 | 1189 | board.] If the recommendation of a panel is not accepted by the | |
1612 | 1190 | board, the board may refer the matter for rehearing to a panel | |
1613 | - | composed of members who did not hear the original hearing | |
1614 | - | there are not at least three members who did not hear the | |
1615 | - | protest, the board may determine the protest. [Before | |
1616 | - | a protest or conducting a rehearing before a new panel | |
1617 | - | the board shall deliver notice of the hearing or | |
1618 | - | determine the protest in accordance with the provisions | |
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.] | |
1620 | 1198 | (d-1) An appraisal review board to which Section 6.425 | |
1621 | 1199 | applies shall sit in special panels established under that section | |
1622 | 1200 | 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. | |
1628 | 1210 | (d-2) The determination of a protest heard by a panel under | |
1629 | 1211 | Subsection (d) or (d-1) must be made by the board. | |
1630 | 1212 | (d-3) The board must deliver notice of a hearing or meeting | |
1631 | 1213 | to determine a protest heard by a panel, or to rehear a protest, | |
1632 | 1214 | under Subsection (d) or (d-1) in accordance with the provisions of | |
1633 | 1215 | this subchapter. | |
1634 | - | SECTION | |
1216 | + | SECTION 29. Section 41.66, Tax Code, is amended by amending | |
1635 | 1217 | Subsection (k) and adding Subsection (k-1) to read as follows: | |
1636 | 1218 | (k) This subsection does not apply to a special panel | |
1637 | 1219 | established under Section 6.425. If an appraisal review board sits | |
1638 | 1220 | in panels to conduct protest hearings, protests shall be randomly | |
1639 | 1221 | assigned to panels, except that the board may consider the type of | |
1640 | 1222 | property subject to the protest or the ground of the protest for the | |
1641 | 1223 | purpose of using the expertise of a particular panel in hearing | |
1642 | 1224 | protests regarding particular types of property or based on | |
1643 | 1225 | particular grounds. If a protest is scheduled to be heard by a | |
1644 | 1226 | particular panel, the protest may not be reassigned to another | |
1645 | 1227 | panel without the consent of the property owner or designated | |
1646 | 1228 | agent. If the appraisal review board has cause to reassign a | |
1647 | 1229 | protest to another panel, a property owner or designated agent may | |
1648 | 1230 | agree to reassignment of the protest or may request that the hearing | |
1649 | 1231 | on the protest be postponed. The board shall postpone the hearing | |
1650 | 1232 | on that request. A change of members of a panel because of a | |
1651 | 1233 | conflict of interest, illness, or inability to continue | |
1652 | 1234 | participating in hearings for the remainder of the day does not | |
1653 | 1235 | constitute reassignment of a protest to another panel. | |
1654 | 1236 | (k-1) On the request of a property owner, an appraisal | |
1655 | 1237 | 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 | |
1782 | 1255 | to read as follows: | |
1783 | 1256 | (e) The governing body of an independent school district | |
1784 | 1257 | that governs a junior college district under Subchapter B, Chapter | |
1785 | 1258 | 130, in a county with a population of more than two million may | |
1786 | 1259 | dedicate a specific percentage of the local tax levy to the use of | |
1787 | 1260 | the junior college district for facilities and equipment or for the | |
1788 | 1261 | maintenance and operating expenses of the junior college district. | |
1789 | 1262 | To be effective, the dedication must be made by the governing body | |
1790 | 1263 | on or before the date on which the governing body adopts its tax | |
1791 | 1264 | rate for a year. The amount of local tax funds derived from the | |
1792 | 1265 | percentage of the local tax levy dedicated to a junior college | |
1793 | 1266 | district from a tax levy may not exceed the amount that would be | |
1794 | - | levied by five percent of the no-new- | |
1795 | - | the tax year calculated as provided by Section 26.04, Tax Code, | |
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 | |
1797 | 1270 | purchased with these funds is the property of the school district, | |
1798 | 1271 | but is subject to the exclusive control of the governing body of the | |
1799 | 1272 | junior college district for as long as the junior college district | |
1800 | 1273 | 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 | |
1840 | 1275 | amended to read as follows: | |
1841 | 1276 | (d) An adopted budget must contain a cover page that | |
1842 | 1277 | includes: | |
1843 | 1278 | (1) one of the following statements in 18-point or | |
1844 | 1279 | larger type that accurately describes the adopted budget: | |
1845 | 1280 | (A) "This budget will raise more revenue from | |
1846 | 1281 | property taxes than last year's budget by an amount of (insert total | |
1847 | 1282 | dollar amount of increase), which is a (insert percentage increase) | |
1848 | 1283 | percent increase from last year's budget. The property tax revenue | |
1849 | 1284 | to be raised from new property added to the tax roll this year is | |
1850 | 1285 | (insert amount computed by multiplying the proposed tax rate by the | |
1851 | 1286 | value of new property added to the roll)."; | |
1852 | 1287 | (B) "This budget will raise less revenue from | |
1853 | 1288 | property taxes than last year's budget by an amount of (insert total | |
1854 | 1289 | dollar amount of decrease), which is a (insert percentage decrease) | |
1855 | 1290 | percent decrease from last year's budget. The property tax revenue | |
1856 | 1291 | to be raised from new property added to the tax roll this year is | |
1857 | 1292 | (insert amount computed by multiplying the proposed tax rate by the | |
1858 | 1293 | value of new property added to the roll)."; or | |
1859 | 1294 | (C) "This budget will raise the same amount of | |
1860 | - | revenue from property taxes as last year's budget. The property | |
1861 | - | revenue to be raised from new property added to the tax roll | |
1862 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
1864 | 1299 | (2) the record vote of each member of the governing | |
1865 | 1300 | body by name voting on the adoption of the budget; | |
1866 | 1301 | (3) the municipal property tax rates for the preceding | |
1867 | 1302 | fiscal year, and each municipal property tax rate that has been | |
1868 | 1303 | adopted or calculated for the current fiscal year, including: | |
1869 | 1304 | (A) the property tax rate; | |
1870 | - | (B) the no-new- | |
1871 | - | (C) the no-new- | |
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; | |
1873 | 1308 | (D) the rollback tax rate; and | |
1874 | 1309 | (E) the debt rate; and | |
1875 | 1310 | (4) the total amount of municipal debt obligations. | |
1876 | - | SECTION | |
1311 | + | SECTION 32. Section 111.008(d), Local Government Code, is | |
1877 | 1312 | amended to read as follows: | |
1878 | 1313 | (d) An adopted budget must contain a cover page that | |
1879 | 1314 | includes: | |
1880 | 1315 | (1) one of the following statements in 18-point or | |
1881 | 1316 | larger type that accurately describes the adopted budget: | |
1882 | 1317 | (A) "This budget will raise more revenue from | |
1883 | 1318 | property taxes than last year's budget by an amount of (insert total | |
1884 | 1319 | dollar amount of increase), which is a (insert percentage increase) | |
1885 | 1320 | percent increase from last year's budget. The property tax revenue | |
1886 | 1321 | to be raised from new property added to the tax roll this year is | |
1887 | 1322 | (insert amount computed by multiplying the proposed tax rate by the | |
1888 | 1323 | value of new property added to the roll)."; | |
1889 | 1324 | (B) "This budget will raise less revenue from | |
1890 | 1325 | property taxes than last year's budget by an amount of (insert total | |
1891 | 1326 | dollar amount of decrease), which is a (insert percentage decrease) | |
1892 | 1327 | percent decrease from last year's budget. The property tax revenue | |
1893 | 1328 | to be raised from new property added to the tax roll this year is | |
1894 | 1329 | (insert amount computed by multiplying the proposed tax rate by the | |
1895 | 1330 | value of new property added to the roll)."; or | |
1896 | 1331 | (C) "This budget will raise the same amount of | |
1897 | - | revenue from property taxes as last year's budget. The property | |
1898 | - | revenue to be raised from new property added to the tax roll | |
1899 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
1901 | 1336 | (2) the record vote of each member of the | |
1902 | 1337 | commissioners court by name voting on the adoption of the budget; | |
1903 | 1338 | (3) the county property tax rates for the preceding | |
1904 | 1339 | fiscal year, and each county property tax rate that has been adopted | |
1905 | 1340 | or calculated for the current fiscal year, including: | |
1906 | 1341 | (A) the property tax rate; | |
1907 | - | (B) the no-new- | |
1908 | - | (C) the no-new- | |
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; | |
1910 | 1345 | (D) the rollback tax rate; and | |
1911 | 1346 | (E) the debt rate; and | |
1912 | 1347 | (4) the total amount of county debt obligations. | |
1913 | - | SECTION | |
1348 | + | SECTION 33. Section 111.039(d), Local Government Code, is | |
1914 | 1349 | amended to read as follows: | |
1915 | 1350 | (d) An adopted budget must contain a cover page that | |
1916 | 1351 | includes: | |
1917 | 1352 | (1) one of the following statements in 18-point or | |
1918 | 1353 | larger type that accurately describes the adopted budget: | |
1919 | 1354 | (A) "This budget will raise more revenue from | |
1920 | 1355 | property taxes than last year's budget by an amount of (insert total | |
1921 | 1356 | dollar amount of increase), which is a (insert percentage increase) | |
1922 | 1357 | percent increase from last year's budget. The property tax revenue | |
1923 | 1358 | to be raised from new property added to the tax roll this year is | |
1924 | 1359 | (insert amount computed by multiplying the proposed tax rate by the | |
1925 | 1360 | value of new property added to the roll)."; | |
1926 | 1361 | (B) "This budget will raise less revenue from | |
1927 | 1362 | property taxes than last year's budget by an amount of (insert total | |
1928 | 1363 | dollar amount of decrease), which is a (insert percentage decrease) | |
1929 | 1364 | percent decrease from last year's budget. The property tax revenue | |
1930 | 1365 | to be raised from new property added to the tax roll this year is | |
1931 | 1366 | (insert amount computed by multiplying the proposed tax rate by the | |
1932 | 1367 | value of new property added to the roll)."; or | |
1933 | 1368 | (C) "This budget will raise the same amount of | |
1934 | - | revenue from property taxes as last year's budget. The property | |
1935 | - | revenue to be raised from new property added to the tax roll | |
1936 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
1938 | 1373 | (2) the record vote of each member of the | |
1939 | 1374 | commissioners court by name voting on the adoption of the budget; | |
1940 | 1375 | (3) the county property tax rates for the preceding | |
1941 | 1376 | fiscal year, and each county property tax rate that has been adopted | |
1942 | 1377 | or calculated for the current fiscal year, including: | |
1943 | 1378 | (A) the property tax rate; | |
1944 | - | (B) the no-new- | |
1945 | - | (C) the no-new- | |
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; | |
1947 | 1382 | (D) the rollback tax rate; and | |
1948 | 1383 | (E) the debt rate; and | |
1949 | 1384 | (4) the total amount of county debt obligations. | |
1950 | - | SECTION | |
1385 | + | SECTION 34. Section 111.068(c), Local Government Code, is | |
1951 | 1386 | amended to read as follows: | |
1952 | 1387 | (c) An adopted budget must contain a cover page that | |
1953 | 1388 | includes: | |
1954 | 1389 | (1) one of the following statements in 18-point or | |
1955 | 1390 | larger type that accurately describes the adopted budget: | |
1956 | 1391 | (A) "This budget will raise more revenue from | |
1957 | 1392 | property taxes than last year's budget by an amount of (insert total | |
1958 | 1393 | dollar amount of increase), which is a (insert percentage increase) | |
1959 | 1394 | percent increase from last year's budget. The property tax revenue | |
1960 | 1395 | to be raised from new property added to the tax roll this year is | |
1961 | 1396 | (insert amount computed by multiplying the proposed tax rate by the | |
1962 | 1397 | value of new property added to the roll)."; | |
1963 | 1398 | (B) "This budget will raise less revenue from | |
1964 | 1399 | property taxes than last year's budget by an amount of (insert total | |
1965 | 1400 | dollar amount of decrease), which is a (insert percentage decrease) | |
1966 | 1401 | percent decrease from last year's budget. The property tax revenue | |
1967 | 1402 | to be raised from new property added to the tax roll this year is | |
1968 | 1403 | (insert amount computed by multiplying the proposed tax rate by the | |
1969 | 1404 | value of new property added to the roll)."; or | |
1970 | 1405 | (C) "This budget will raise the same amount of | |
1971 | - | revenue from property taxes as last year's budget. The property | |
1972 | - | revenue to be raised from new property added to the tax roll | |
1973 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
1975 | 1410 | (2) the record vote of each member of the | |
1976 | 1411 | commissioners court by name voting on the adoption of the budget; | |
1977 | 1412 | (3) the county property tax rates for the preceding | |
1978 | 1413 | fiscal year, and each county property tax rate that has been adopted | |
1979 | 1414 | or calculated for the current fiscal year, including: | |
1980 | 1415 | (A) the property tax rate; | |
1981 | - | (B) the no-new- | |
1982 | - | (C) the no-new- | |
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; | |
1984 | 1419 | (D) the rollback tax rate; and | |
1985 | 1420 | (E) the debt rate; and | |
1986 | 1421 | (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 | |
1988 | 1527 | 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. | |
2014 | 1528 | (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236], | |
2015 | 1529 | Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the | |
2016 | 1530 | 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: | |
2033 | 1534 | (a) Before the board adopts an ad valorem tax rate for the | |
2034 | 1535 | district for debt service, operation and maintenance purposes, or | |
2035 | 1536 | contract purposes, the board shall give notice of each meeting of | |
2036 | 1537 | the board at which the adoption of a tax rate will be considered. | |
2037 | 1538 | The notice must: | |
2038 | 1539 | (1) contain a statement in substantially the following | |
2039 | 1540 | form: | |
2040 | 1541 | "NOTICE OF PUBLIC HEARING ON TAX RATE | |
2041 | 1542 | "The (name of the district) will hold a public hearing on a | |
2042 | 1543 | 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 | |
2045 | 1547 | 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. | |
2047 | 1552 | "(Names of all board members and, if a vote was taken, an | |
2048 | 1553 | indication of how each voted on the proposed tax rate and an | |
2049 | 1554 | indication of any absences.)"; | |
2050 | 1555 | (2) contain the following information: | |
2051 | 1556 | (A) the district's total adopted tax rate for the | |
2052 | 1557 | preceding year and the proposed tax rate, expressed as an amount per | |
2053 | 1558 | $100; | |
2054 | 1559 | (B) the difference, expressed as an amount per | |
2055 | 1560 | $100 and as a percent increase or decrease, as applicable, in the | |
2056 | 1561 | proposed tax rate compared to the adopted tax rate for the preceding | |
2057 | 1562 | year; | |
2058 | 1563 | (C) the average appraised value of a residence | |
2059 | 1564 | homestead in the district in the preceding year and in the current | |
2060 | 1565 | year; the district's total homestead exemption, other than an | |
2061 | 1566 | exemption available only to disabled persons or persons 65 years of | |
2062 | 1567 | age or older, applicable to that appraised value in each of those | |
2063 | - | years; and the average taxable value of a residence homestead in | |
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 | |
2065 | 1570 | exemption available only to disabled persons or persons 65 years of | |
2066 | 1571 | age or older; | |
2067 | 1572 | (D) the amount of tax that would have been | |
2068 | 1573 | imposed by the district in the preceding year on a residence | |
2069 | 1574 | homestead appraised at the average appraised value of a residence | |
2070 | 1575 | homestead in that year, disregarding any homestead exemption | |
2071 | 1576 | available only to disabled persons or persons 65 years of age or | |
2072 | 1577 | older; | |
2073 | 1578 | (E) the amount of tax that would be imposed by the | |
2074 | 1579 | district in the current year on a residence homestead appraised at | |
2075 | 1580 | the average appraised value of a residence homestead in that year, | |
2076 | 1581 | disregarding any homestead exemption available only to disabled | |
2077 | 1582 | persons or persons 65 years of age or older, if the proposed tax | |
2078 | 1583 | rate is adopted; [and] | |
2079 | 1584 | (F) the difference between the amounts of tax | |
2080 | 1585 | calculated under Paragraphs (D) and (E), expressed in dollars and | |
2081 | 1586 | cents and described as the annual percentage increase or decrease, | |
2082 | 1587 | as applicable, in the tax to be imposed by the district on the | |
2083 | 1588 | average residence homestead in the district in the current year if | |
2084 | 1589 | the proposed tax rate is adopted; and | |
2085 | 1590 | (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 | |
2089 | 1595 | (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: | |
2103 | 1597 | "NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION | |
2104 | 1598 | "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 | |
2206 | 1605 | 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session, | |
2207 | 1606 | 2003; and | |
2208 | - | ( | |
2209 | - | SECTION | |
1607 | + | (2) Section 49.2361, Water Code. | |
1608 | + | SECTION 39. The changes in law made by this Act relating to | |
2210 | 1609 | the ad valorem tax rate of a taxing unit apply beginning with the | |
2211 | 1610 | 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 | |
2221 | 1617 | Act, and Section 6.41(d-10), Tax Code, as added by this Act, apply | |
2222 | 1618 | only to the appointment of appraisal review board members to terms | |
2223 | 1619 | 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 | |
2250 | 1631 | Act, applies only to a challenge under Chapter 41, Tax Code, for | |
2251 | 1632 | which a challenge petition is filed on or after January 1, 2018. A | |
2252 | 1633 | challenge under Chapter 41, Tax Code, for which a challenge | |
2253 | 1634 | petition was filed before January 1, 2018, is governed by the law in | |
2254 | 1635 | effect on the date the challenge petition was filed, and the former | |
2255 | 1636 | law is continued in effect for that purpose. | |
2256 | - | SECTION | |
1637 | + | SECTION 44. Sections 41.45 and 41.66, Tax Code, as amended | |
2257 | 1638 | by this Act, apply only to a protest filed under Chapter 41, Tax | |
2258 | 1639 | Code, on or after January 1, 2019. A protest filed under that | |
2259 | 1640 | chapter before January 1, 2019, is governed by the law in effect on | |
2260 | 1641 | the date the protest was filed, and the former law is continued in | |
2261 | 1642 | 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: | |
2280 | 1646 | (1) Sections 6.41(b) and (d-9), Tax Code, as amended | |
2281 | 1647 | by this Act; | |
2282 | 1648 | (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, | |
2283 | 1649 | as added by this Act; | |
2284 | 1650 | (3) Section 6.414(d), Tax Code, as amended by this | |
2285 | 1651 | Act; | |
2286 | 1652 | (4) Section 6.425, Tax Code, as added by this Act; | |
2287 | - | (5) Section | |
1653 | + | (5) Section 41.44(d), Tax Code, as amended by this | |
2288 | 1654 | Act; | |
2289 | - | (6) Section 41. | |
1655 | + | (6) Section 41.45(d), Tax Code, as amended by this | |
2290 | 1656 | 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, | |
2294 | 1658 | as added by this Act; | |
2295 | - | ( | |
1659 | + | (8) Section 41.66(k), Tax Code, as amended by this | |
2296 | 1660 | Act; and | |
2297 | - | ( | |
1661 | + | (9) Section 41.66(k-1), Tax Code, as added by this | |
2298 | 1662 | 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. |