1 | 1 | | 85S10083 SMH/TJB-F |
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2 | 2 | | By: Bonnen of Brazoria H.B. No. 3 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to ad valorem taxation; authorizing fees. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | ARTICLE 1. SHORT TITLE |
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10 | 10 | | SECTION 1.01. This Act may be cited as the Property Tax |
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11 | 11 | | Payer Empowerment Act of 2017. |
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12 | 12 | | ARTICLE 2. ADMINISTRATION OF AD VALOREM TAX SYSTEM |
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13 | 13 | | SECTION 2.01. Section 1.085(a), Tax Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (a) Notwithstanding any other provision in this title and |
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16 | 16 | | except as provided by this section, any notice, rendition, |
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17 | 17 | | application form, or completed application, or information |
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18 | 18 | | requested under Section 41.461(a)(2), that is required or permitted |
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19 | 19 | | by this title to be delivered between a chief appraiser, an |
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20 | 20 | | appraisal district, an appraisal review board, or any combination |
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21 | 21 | | of those persons and a property owner or [between a chief appraiser, |
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22 | 22 | | an appraisal district, an appraisal review board, or any |
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23 | 23 | | combination of those persons and] a person designated by a property |
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24 | 24 | | owner under Section 1.111(f) may be delivered in an electronic |
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25 | 25 | | format if the chief appraiser and the property owner or person |
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26 | 26 | | designated by the owner agree under this section. |
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27 | 27 | | SECTION 2.02. Chapter 5, Tax Code, is amended by adding |
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28 | 28 | | Section 5.01 to read as follows: |
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29 | 29 | | Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. |
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30 | 30 | | (a) The comptroller shall appoint the property tax administration |
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31 | 31 | | advisory board to advise the comptroller with respect to the |
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32 | 32 | | division or divisions within the office of the comptroller with |
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33 | 33 | | primary responsibility for state administration of property |
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34 | 34 | | taxation and state oversight of appraisal districts and local tax |
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35 | 35 | | offices. The advisory board may make recommendations to the |
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36 | 36 | | comptroller regarding improving the effectiveness and efficiency |
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37 | 37 | | of the property tax system, best practices, and complaint |
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38 | 38 | | resolution procedures. The comptroller shall post the |
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39 | 39 | | recommendations of the advisory board on the comptroller's Internet |
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40 | 40 | | website. |
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41 | 41 | | (b) The advisory board is composed of at least six members |
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42 | 42 | | appointed by the comptroller. The members of the board should |
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43 | 43 | | include: |
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44 | 44 | | (1) representatives of property tax payers, appraisal |
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45 | 45 | | districts, and school districts; and |
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46 | 46 | | (2) a person who has knowledge or experience in |
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47 | 47 | | conducting ratio studies. |
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48 | 48 | | (c) The members of the advisory board serve at the pleasure |
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49 | 49 | | of the comptroller. |
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50 | 50 | | (d) Any advice to the comptroller relating to a matter |
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51 | 51 | | described by Subsection (a) that is provided by a member of the |
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52 | 52 | | advisory board must be provided at a meeting called by the |
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53 | 53 | | comptroller. |
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54 | 54 | | (e) Chapter 2110, Government Code, does not apply to the |
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55 | 55 | | advisory board. |
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56 | 56 | | SECTION 2.03. Sections 5.041(b), (c), and (e-1), Tax Code, |
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57 | 57 | | are amended to read as follows: |
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58 | 58 | | (b) A member of the appraisal review board established for |
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59 | 59 | | an appraisal district must complete the course established under |
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60 | 60 | | Subsection (a). The course must provide at least eight hours of |
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61 | 61 | | classroom training and education. A member of the appraisal review |
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62 | 62 | | board may not participate in a hearing conducted by the board unless |
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63 | 63 | | the person has completed the course established under Subsection |
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64 | 64 | | (a) and received a certificate of course completion. |
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65 | 65 | | (c) The comptroller may contract with service providers to |
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66 | 66 | | assist with the duties imposed under Subsection (a), but the course |
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67 | 67 | | required may not be provided by an appraisal district, the chief |
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68 | 68 | | appraiser or another employee of an appraisal district, a member of |
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69 | 69 | | the board of directors of an appraisal district, a member of an |
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70 | 70 | | appraisal review board, or a taxing unit. The comptroller may |
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71 | 71 | | assess a fee to recover a portion of the costs incurred for the |
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72 | 72 | | training course, but the fee may not exceed $50 per person trained. |
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73 | 73 | | If the training is provided to an individual other than a member of |
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74 | 74 | | an appraisal review board, the comptroller may assess a fee not to |
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75 | 75 | | exceed $50 per person trained. |
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76 | 76 | | (e-1) In addition to the course established under |
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77 | 77 | | Subsection (a), the comptroller shall approve curricula and provide |
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78 | 78 | | materials for use in a continuing education course for members of an |
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79 | 79 | | appraisal review board. The course must provide at least four hours |
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80 | 80 | | of classroom training and education. The curricula and materials |
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81 | 81 | | must include information regarding: |
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82 | 82 | | (1) the cost, income, and market data comparison |
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83 | 83 | | methods of appraising property; |
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84 | 84 | | (2) the appraisal of business personal property; |
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85 | 85 | | (3) the determination of capitalization rates for |
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86 | 86 | | property appraisal purposes; |
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87 | 87 | | (4) the duties of an appraisal review board; |
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88 | 88 | | (5) the requirements regarding the independence of an |
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89 | 89 | | appraisal review board from the board of directors and the chief |
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90 | 90 | | appraiser and other employees of the appraisal district; |
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91 | 91 | | (6) the prohibitions against ex parte communications |
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92 | 92 | | applicable to appraisal review board members; |
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93 | 93 | | (7) the Uniform Standards of Professional Appraisal |
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94 | 94 | | Practice; |
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95 | 95 | | (8) the duty of the appraisal district to substantiate |
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96 | 96 | | the district's determination of the value of property; |
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97 | 97 | | (9) the requirements regarding the equal and uniform |
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98 | 98 | | appraisal of property; |
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99 | 99 | | (10) the right of a property owner to protest the |
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100 | 100 | | appraisal of the property as provided by Chapter 41; and |
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101 | 101 | | (11) a detailed explanation of each of the actions |
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102 | 102 | | described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, |
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103 | 103 | | 41.42, and 41.43 so that members are fully aware of each of the |
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104 | 104 | | grounds on which a property appraisal can be appealed. |
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105 | 105 | | SECTION 2.04. Chapter 5, Tax Code, is amended by adding |
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106 | 106 | | Section 5.043 to read as follows: |
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107 | 107 | | Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section |
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108 | 108 | | applies only to persons who have agreed to serve as arbitrators |
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109 | 109 | | under Chapter 41A. |
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110 | 110 | | (b) The comptroller shall: |
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111 | 111 | | (1) approve curricula and provide an arbitration |
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112 | 112 | | manual and other materials for use in training and educating |
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113 | 113 | | arbitrators; |
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114 | 114 | | (2) make all materials for use in training and |
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115 | 115 | | educating arbitrators freely available online; and |
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116 | 116 | | (3) establish and supervise a training program on |
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117 | 117 | | property tax law for the training and education of arbitrators. |
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118 | 118 | | (c) The training program must: |
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119 | 119 | | (1) emphasize the requirements regarding the equal and |
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120 | 120 | | uniform appraisal of property; and |
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121 | 121 | | (2) be at least four hours in length. |
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122 | 122 | | (d) The training program may be provided online. The |
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123 | 123 | | comptroller by rule may prescribe the manner by which the |
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124 | 124 | | comptroller may verify that a person taking the training program |
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125 | 125 | | online has taken and completed the program. |
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126 | 126 | | (e) The comptroller may contract with service providers to |
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127 | 127 | | assist with the duties imposed under Subsection (b), but the |
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128 | 128 | | training program may not be provided by an appraisal district, the |
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129 | 129 | | chief appraiser or another employee of an appraisal district, a |
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130 | 130 | | member of the board of directors of an appraisal district, a member |
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131 | 131 | | of an appraisal review board, or a taxing unit. The comptroller may |
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132 | 132 | | assess a fee to recover a portion of the costs incurred for the |
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133 | 133 | | training program, but the fee may not exceed $50 for each person |
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134 | 134 | | trained. |
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135 | 135 | | (f) The comptroller shall prepare an arbitration manual for |
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136 | 136 | | use in the training program. The manual shall be updated regularly |
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137 | 137 | | and may be revised on request, in writing, to the comptroller. The |
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138 | 138 | | revised language must be approved by the unanimous agreement of a |
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139 | 139 | | committee selected by the comptroller and representing, equally, |
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140 | 140 | | taxpayers and chief appraisers. The person requesting the revision |
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141 | 141 | | must pay the costs of mediation if the comptroller determines that |
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142 | 142 | | mediation is required. |
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143 | 143 | | SECTION 2.05. Section 5.07, Tax Code, is amended by adding |
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144 | 144 | | Subsections (f), (g), (h), and (i) to read as follows: |
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145 | 145 | | (f) In conjunction with prescribing a uniform record system |
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146 | 146 | | to be used by all appraisal districts as required by Subsection (c), |
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147 | 147 | | the comptroller shall prescribe tax rate calculation forms to be |
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148 | 148 | | used by the designated officer or employee of each: |
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149 | 149 | | (1) taxing unit other than a school district to |
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150 | 150 | | calculate and submit the no-new-revenue tax rate and the rollback |
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151 | 151 | | tax rate for the unit as required by Chapter 26; and |
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152 | 152 | | (2) school district to calculate and submit the |
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153 | 153 | | no-new-revenue tax rate, the rollback tax rate, and the rate to |
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154 | 154 | | maintain the same amount of state and local revenue per weighted |
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155 | 155 | | student that the district received in the school year beginning in |
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156 | 156 | | the preceding tax year as required by Chapter 26. |
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157 | 157 | | (g) The forms described by Subsection (f) must be in an |
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158 | 158 | | electronic format and: |
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159 | 159 | | (1) have blanks that can be filled in electronically; |
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160 | 160 | | (2) be capable of being certified by the designated |
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161 | 161 | | officer or employee after completion as accurately calculating the |
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162 | 162 | | applicable tax rates and using values that are the same as the |
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163 | 163 | | values shown in the taxing unit's certified appraisal roll; and |
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164 | 164 | | (3) be capable of being submitted electronically to |
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165 | 165 | | the chief appraiser of each appraisal district in which the taxing |
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166 | 166 | | unit is located. |
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167 | 167 | | (h) For purposes of Subsections (f) and (g), the comptroller |
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168 | 168 | | shall use the forms published on the comptroller's Internet website |
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169 | 169 | | as of January 1, 2017, as modified as necessary to comply with the |
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170 | 170 | | requirements of those subsections. The forms may be updated at the |
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171 | 171 | | discretion of the comptroller to reflect any statutory change in |
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172 | 172 | | the values used to calculate a tax rate or to reflect formatting or |
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173 | 173 | | other nonsubstantive changes. |
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174 | 174 | | (i) The comptroller may revise the forms to reflect |
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175 | 175 | | statutory changes other than those described by Subsection (h) or |
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176 | 176 | | on receipt of a request in writing. A revision under this |
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177 | 177 | | subsection must be approved by the agreement of a majority of the |
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178 | 178 | | members of a committee selected by the comptroller who are present |
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179 | 179 | | at a committee meeting at which a quorum is present. The members of |
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180 | 180 | | the committee must represent, equally, taxpayers and either taxing |
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181 | 181 | | units or persons designated by taxing units. In the case of a |
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182 | 182 | | revision for which the comptroller receives a request in writing, |
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183 | 183 | | the person requesting the revision shall pay the costs of mediation |
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184 | 184 | | if the comptroller determines that mediation is required. |
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185 | 185 | | SECTION 2.06. Section 5.091, Tax Code, is amended to read as |
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186 | 186 | | follows: |
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187 | 187 | | Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the |
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188 | 188 | | comptroller shall prepare a list that includes the total tax rate |
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189 | 189 | | imposed by each taxing unit in this state, as [other than a school |
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190 | 190 | | district, if the tax rate is] reported to the comptroller by each |
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191 | 191 | | appraisal district, for the year [preceding the year] in which the |
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192 | 192 | | list is prepared. The comptroller shall: |
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193 | 193 | | (1) prescribe the manner in which and deadline by |
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194 | 194 | | which appraisal districts are required to submit the tax rates to |
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195 | 195 | | the comptroller; and |
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196 | 196 | | (2) list the tax rates alphabetically according to: |
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197 | 197 | | (A) the county or counties in which each taxing |
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198 | 198 | | unit is located; and |
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199 | 199 | | (B) the name of each taxing unit [in descending |
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200 | 200 | | order]. |
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201 | 201 | | (b) Not later than January 1 [December 31] of the following |
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202 | 202 | | [each] year, the comptroller shall publish on the comptroller's |
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203 | 203 | | Internet website the list required by Subsection (a). |
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204 | 204 | | SECTION 2.07. Section 5.102(a), Tax Code, is amended to |
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205 | 205 | | read as follows: |
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206 | 206 | | (a) At least once every two years, the comptroller shall |
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207 | 207 | | review the governance of each appraisal district, taxpayer |
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208 | 208 | | assistance provided, and the operating and appraisal standards, |
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209 | 209 | | procedures, and methodology used by each appraisal district, to |
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210 | 210 | | determine compliance with generally accepted standards, |
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211 | 211 | | procedures, and methodology. After consultation with the property |
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212 | 212 | | tax administration advisory board [committee created under Section |
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213 | 213 | | 403.302, Government Code], the comptroller by rule may establish |
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214 | 214 | | procedures and standards for conducting and scoring the review. |
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215 | 215 | | SECTION 2.08. Chapter 5, Tax Code, is amended by adding |
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216 | 216 | | Section 5.104 to read as follows: |
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217 | 217 | | Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The |
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218 | 218 | | comptroller shall prepare: |
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219 | 219 | | (1) an appraisal review board survey form that allows |
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220 | 220 | | an individual described by Subsection (b) to submit comments and |
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221 | 221 | | suggestions to the comptroller regarding an appraisal review board; |
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222 | 222 | | and |
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223 | 223 | | (2) instructions for completing and submitting the |
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224 | 224 | | form. |
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225 | 225 | | (b) The following individuals may complete and submit a |
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226 | 226 | | survey form under this section: |
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227 | 227 | | (1) a property owner who files a motion under Section |
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228 | 228 | | 25.25 to correct the appraisal roll or a protest under Chapter 41; |
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229 | 229 | | (2) the designated agent of the property owner; or |
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230 | 230 | | (3) a designated representative of the appraisal |
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231 | 231 | | district in which the motion or protest is filed who attends the |
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232 | 232 | | hearing on the motion or protest. |
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233 | 233 | | (c) The survey form must allow an individual to submit |
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234 | 234 | | comments and suggestions regarding: |
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235 | 235 | | (1) the matters listed in Section 5.103(b); and |
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236 | 236 | | (2) any other matter related to the fairness and |
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237 | 237 | | efficiency of the appraisal review board. |
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238 | 238 | | (d) An appraisal district must provide the survey form and |
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239 | 239 | | the instructions for completing and submitting the form to each |
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240 | 240 | | property owner or designated agent of the owner: |
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241 | 241 | | (1) at or before each hearing conducted under Section |
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242 | 242 | | 25.25 or Chapter 41 by the appraisal review board established for |
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243 | 243 | | the appraisal district or by a panel of the board; and |
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244 | 244 | | (2) with each order under Section 25.25 or 41.47 |
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245 | 245 | | determining a motion or protest, as applicable, delivered by the |
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246 | 246 | | board or by a panel of the board. |
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247 | 247 | | (e) An individual who elects to submit the survey form must |
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248 | 248 | | submit the form to the comptroller as provided by this section. An |
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249 | 249 | | appraisal district may not accept a survey form submitted under |
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250 | 250 | | this section. An individual may submit only one survey form for |
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251 | 251 | | each motion or protest. |
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252 | 252 | | (f) The comptroller shall allow an individual to submit a |
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253 | 253 | | survey form to the comptroller in the following manner: |
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254 | 254 | | (1) in person; |
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255 | 255 | | (2) by mail; |
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256 | 256 | | (3) by electronic mail; or |
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257 | 257 | | (4) through a web page on the comptroller's Internet |
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258 | 258 | | website that allows the individual to complete and submit the form. |
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259 | 259 | | (g) An appraisal district may not require a property owner |
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260 | 260 | | or the designated agent of the owner to complete a survey form at |
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261 | 261 | | the appraisal office in order to be permitted to submit the form to |
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262 | 262 | | the comptroller. |
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263 | 263 | | (h) A property owner or the designated agent of the owner |
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264 | 264 | | who elects to submit a survey form provided to the owner or agent |
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265 | 265 | | under Subsection (d)(1) or (2) must submit the form not later than |
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266 | 266 | | the earlier of the 45th day after the date: |
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267 | 267 | | (1) the form is sent to the owner or agent under |
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268 | 268 | | Subsection (d)(2); or |
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269 | 269 | | (2) the matter that is the subject of the protest is |
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270 | 270 | | finally resolved if the protest is settled or otherwise resolved in |
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271 | 271 | | a manner that does not require the issuance of an order described by |
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272 | 272 | | Subsection (d)(2). |
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273 | 273 | | (i) A designated representative of an appraisal district |
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274 | 274 | | who elects to submit a survey form following a hearing conducted |
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275 | 275 | | under Section 25.25 or Chapter 41 must submit the form not later |
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276 | 276 | | than the 45th day after the date the form is sent to the property |
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277 | 277 | | owner or designated agent of the owner under Subsection (d)(2) |
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278 | 278 | | following that hearing. |
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279 | 279 | | (j) The comptroller shall issue an annual report that |
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280 | 280 | | summarizes the information included in the survey forms submitted |
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281 | 281 | | during the preceding year. The report may not disclose the identity |
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282 | 282 | | of an individual who submitted a survey form. |
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283 | 283 | | (k) The comptroller may adopt rules necessary to implement |
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284 | 284 | | this section. |
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285 | 285 | | SECTION 2.09. Section 6.41, Tax Code, is amended by |
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286 | 286 | | amending Subsections (b) and (d-9) and adding Subsections (b-1), |
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287 | 287 | | (b-2), and (d-10) to read as follows: |
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288 | 288 | | (b) Except as provided by Subsection (b-1) or (b-2), an |
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289 | 289 | | appraisal review [The] board consists of three members. |
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290 | 290 | | (b-1) An appraisal [However, the] district board of |
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291 | 291 | | directors by resolution of a majority of the board's [its] members |
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292 | 292 | | may increase the size of the district's appraisal review board to |
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293 | 293 | | the number of members the board of directors considers appropriate. |
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294 | 294 | | (b-2) An appraisal district board of directors for a |
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295 | 295 | | district established in a county with a population of one million or |
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296 | 296 | | more by resolution of a majority of the board's members shall |
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297 | 297 | | increase the size of the district's appraisal review board to the |
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298 | 298 | | number of members the board of directors considers appropriate to |
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299 | 299 | | manage the duties of the appraisal review board, including the |
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300 | 300 | | duties of each special panel established under Section 6.425. |
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301 | 301 | | (d-9) In selecting individuals who are to serve as members |
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302 | 302 | | of the appraisal review board, the local administrative district |
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303 | 303 | | judge shall select an adequate number of qualified individuals to |
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304 | 304 | | permit the chairman of the appraisal review board to fill the |
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305 | 305 | | positions on each special panel established under Section 6.425. |
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306 | 306 | | (d-10) Upon selection of the individuals who are to serve as |
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307 | 307 | | members of the appraisal review board, the local administrative |
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308 | 308 | | district judge shall enter an appropriate order designating such |
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309 | 309 | | members and setting each member's respective term of office, as |
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310 | 310 | | provided elsewhere in this section. |
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311 | 311 | | SECTION 2.10. Sections 6.412(a) and (d), Tax Code, are |
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312 | 312 | | amended to read as follows: |
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313 | 313 | | (a) An individual is ineligible to serve on an appraisal |
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314 | 314 | | review board if the individual: |
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315 | 315 | | (1) is related within the second degree by |
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316 | 316 | | consanguinity or affinity, as determined under Chapter 573, |
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317 | 317 | | Government Code, to an individual who is engaged in the business of |
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318 | 318 | | appraising property for compensation for use in proceedings under |
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319 | 319 | | this title or of representing property owners for compensation in |
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320 | 320 | | proceedings under this title in the appraisal district for which |
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321 | 321 | | the appraisal review board is established; |
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322 | 322 | | (2) owns property on which delinquent taxes have been |
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323 | 323 | | owed to a taxing unit for more than 60 days after the date the |
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324 | 324 | | individual knew or should have known of the delinquency unless: |
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325 | 325 | | (A) the delinquent taxes and any penalties and |
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326 | 326 | | interest are being paid under an installment payment agreement |
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327 | 327 | | under Section 33.02; or |
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328 | 328 | | (B) a suit to collect the delinquent taxes is |
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329 | 329 | | deferred or abated under Section 33.06 or 33.065; or |
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330 | 330 | | (3) is related within the third degree by |
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331 | 331 | | consanguinity or within the second degree by affinity, as |
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332 | 332 | | determined under Chapter 573, Government Code, to a member of: |
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333 | 333 | | (A) the appraisal district's board of directors; |
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334 | 334 | | or |
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335 | 335 | | (B) the appraisal review board. |
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336 | 336 | | (d) A person is ineligible to serve on the appraisal review |
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337 | 337 | | board of an appraisal district established for a county described |
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338 | 338 | | by Section 6.41(d-1) [having a population of more than 100,000] if |
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339 | 339 | | the person: |
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340 | 340 | | (1) is a former member of the board of directors, |
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341 | 341 | | former officer, or former employee of the appraisal district; |
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342 | 342 | | (2) served as a member of the governing body or officer |
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343 | 343 | | of a taxing unit for which the appraisal district appraises |
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344 | 344 | | property, until the fourth anniversary of the date the person |
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345 | 345 | | ceased to be a member or officer; [or] |
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346 | 346 | | (3) appeared before the appraisal review board for |
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347 | 347 | | compensation during the two-year period preceding the date the |
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348 | 348 | | person is appointed; or |
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349 | 349 | | (4) served for all or part of three previous terms as a |
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350 | 350 | | board member or auxiliary board member on the appraisal review |
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351 | 351 | | board. |
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352 | 352 | | SECTION 2.11. Section 6.414(d), Tax Code, is amended to |
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353 | 353 | | read as follows: |
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354 | 354 | | (d) An auxiliary board member may hear taxpayer protests |
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355 | 355 | | before the appraisal review board. An auxiliary board member may |
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356 | 356 | | not hear taxpayer protests before a special panel established under |
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357 | 357 | | Section 6.425 unless the member is eligible to be appointed to the |
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358 | 358 | | special panel. If one or more auxiliary board members sit on a |
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359 | 359 | | panel established under Section 6.425 or 41.45 to conduct a protest |
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360 | 360 | | hearing, the number of regular appraisal review board members |
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361 | 361 | | required by that section to constitute the panel is reduced by the |
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362 | 362 | | number of auxiliary board members sitting. An auxiliary board |
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363 | 363 | | member sitting on a panel is considered a regular board member for |
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364 | 364 | | all purposes related to the conduct of the hearing. |
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365 | 365 | | SECTION 2.12. Section 6.42, Tax Code, is amended by |
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366 | 366 | | amending Subsection (a) and adding Subsection (d) to read as |
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367 | 367 | | follows: |
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368 | 368 | | (a) A majority of the appraisal review board constitutes a |
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369 | 369 | | quorum. The local administrative district judge under Subchapter |
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370 | 370 | | D, Chapter 74, Government Code, in the county in which [board of |
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371 | 371 | | directors of] the appraisal district is established [by resolution] |
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372 | 372 | | shall select a chairman and a secretary from among the members of |
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373 | 373 | | the appraisal review board. The judge [board of directors of the |
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374 | 374 | | appraisal district] is encouraged to select as chairman [of the |
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375 | 375 | | appraisal review board] a member of the appraisal review board, if |
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376 | 376 | | any, who has a background in law and property appraisal. |
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377 | 377 | | (d) The concurrence of a majority of the members of the |
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378 | 378 | | appraisal review board or a panel of the board present at a meeting |
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379 | 379 | | of the board or panel is sufficient for a recommendation, |
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380 | 380 | | determination, decision, or other action by the board or panel, and |
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381 | 381 | | the concurrence of more than a majority of the members of the board |
---|
382 | 382 | | or panel may not be required. |
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383 | 383 | | SECTION 2.13. Subchapter C, Chapter 6, Tax Code, is amended |
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384 | 384 | | by adding Section 6.425 to read as follows: |
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385 | 385 | | Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN |
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386 | 386 | | CERTAIN DISTRICTS. (a) This section applies only to the appraisal |
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387 | 387 | | review board for an appraisal district described by Section |
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388 | 388 | | 6.41(b-2). |
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389 | 389 | | (b) The appraisal review board shall establish special |
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390 | 390 | | panels to conduct protest hearings under Chapter 41 relating to |
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391 | 391 | | property that: |
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392 | 392 | | (1) has an appraised value of $50 million or more as |
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393 | 393 | | determined by the appraisal district; and |
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394 | 394 | | (2) is included in one of the following |
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395 | 395 | | classifications: |
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396 | 396 | | (A) commercial real and personal property; |
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397 | 397 | | (B) real and personal property of utilities; |
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398 | 398 | | (C) industrial and manufacturing real and |
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399 | 399 | | personal property; and |
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400 | 400 | | (D) multifamily residential real property. |
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401 | 401 | | (c) Each special panel described by this section consists of |
---|
402 | 402 | | three members of the appraisal review board appointed by the |
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403 | 403 | | chairman of the board. |
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404 | 404 | | (d) To be eligible to be appointed to a special panel |
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405 | 405 | | described by this section, a member of the appraisal review board |
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406 | 406 | | must: |
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407 | 407 | | (1) hold a juris doctor or equivalent degree; |
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408 | 408 | | (2) hold a master of business administration degree; |
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409 | 409 | | (3) be licensed as a certified public accountant under |
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410 | 410 | | Chapter 901, Occupations Code; |
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411 | 411 | | (4) be accredited by the American Society of |
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412 | 412 | | Appraisers as an accredited senior appraiser; |
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413 | 413 | | (5) possess an MAI professional designation from the |
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414 | 414 | | Appraisal Institute; |
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415 | 415 | | (6) possess a Certified Assessment Evaluator (CAE) |
---|
416 | 416 | | professional designation from the International Association of |
---|
417 | 417 | | Assessing Officers; |
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418 | 418 | | (7) have at least 20 years of experience in property |
---|
419 | 419 | | tax appraisal or consulting; or |
---|
420 | 420 | | (8) be licensed as a real estate broker or sales agent |
---|
421 | 421 | | under Chapter 1101, Occupations Code. |
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422 | 422 | | (e) Notwithstanding Subsection (d), the chairman of the |
---|
423 | 423 | | appraisal review board may appoint to a special panel described by |
---|
424 | 424 | | this section a member of the appraisal review board who does not |
---|
425 | 425 | | meet the qualifications prescribed by that subsection if: |
---|
426 | 426 | | (1) the number of persons appointed to the board by the |
---|
427 | 427 | | local administrative district judge who meet those qualifications |
---|
428 | 428 | | is not sufficient to fill the positions on each special panel; and |
---|
429 | 429 | | (2) the board member being appointed to the panel |
---|
430 | 430 | | holds a bachelor's degree in any field. |
---|
431 | 431 | | (f) In addition to conducting protest hearings relating to |
---|
432 | 432 | | property described by Subsection (b) of this section, a special |
---|
433 | 433 | | panel may conduct protest hearings under Chapter 41 relating to |
---|
434 | 434 | | property not described by Subsection (b) of this section as |
---|
435 | 435 | | assigned by the chairman of the appraisal review board. |
---|
436 | 436 | | SECTION 2.14. Effective January 1, 2019, Section 25.19, Tax |
---|
437 | 437 | | Code, is amended by adding Subsections (b-3) and (b-4) to read as |
---|
438 | 438 | | follows: |
---|
439 | 439 | | (b-3) This subsection applies only to an appraisal district |
---|
440 | 440 | | described by Section 6.41(b-2). In addition to the information |
---|
441 | 441 | | required by Subsection (b), the chief appraiser shall state in a |
---|
442 | 442 | | notice of appraised value of property described by Section 6.425(b) |
---|
443 | 443 | | that the property owner has the right to have a protest relating to |
---|
444 | 444 | | the property heard by a special panel of the appraisal review board. |
---|
445 | 445 | | (b-4) Subsection (b)(5) applies only to a notice of |
---|
446 | 446 | | appraised value required to be delivered by the chief appraiser of |
---|
447 | 447 | | an appraisal district established in a county with a population of |
---|
448 | 448 | | less than 120,000. This subsection expires January 1, 2020. |
---|
449 | 449 | | SECTION 2.15. (a) This section takes effect only if Article |
---|
450 | 450 | | 3 of this Act does not take effect. |
---|
451 | 451 | | (b) Effective January 1, 2020, Sections 25.19(b) and (i), |
---|
452 | 452 | | Tax Code, are amended to read as follows: |
---|
453 | 453 | | (b) The chief appraiser shall separate real from personal |
---|
454 | 454 | | property and include in the notice for each: |
---|
455 | 455 | | (1) a list of the taxing units in which the property is |
---|
456 | 456 | | taxable; |
---|
457 | 457 | | (2) the appraised value of the property in the |
---|
458 | 458 | | preceding year; |
---|
459 | 459 | | (3) the taxable value of the property in the preceding |
---|
460 | 460 | | year for each taxing unit taxing the property; |
---|
461 | 461 | | (4) the appraised value of the property for the |
---|
462 | 462 | | current year, the kind and amount of each exemption and partial |
---|
463 | 463 | | exemption, if any, approved for the property for the current year |
---|
464 | 464 | | and for the preceding year, and, if an exemption or partial |
---|
465 | 465 | | exemption that was approved for the preceding year was canceled or |
---|
466 | 466 | | reduced for the current year, the amount of the exemption or partial |
---|
467 | 467 | | exemption canceled or reduced; |
---|
468 | 468 | | (5) [if the appraised value is greater than it was in |
---|
469 | 469 | | the preceding year, the amount of tax that would be imposed on the |
---|
470 | 470 | | property on the basis of the tax rate for the preceding year; |
---|
471 | 471 | | [(6)] in italic typeface, the following |
---|
472 | 472 | | statement: "The Texas Legislature does not set the amount of your |
---|
473 | 473 | | local taxes. Your property tax burden is decided by your locally |
---|
474 | 474 | | elected officials, and all inquiries concerning your taxes should |
---|
475 | 475 | | be directed to those officials"; |
---|
476 | 476 | | (6) [(7)] a detailed explanation of the time and |
---|
477 | 477 | | procedure for protesting the value; |
---|
478 | 478 | | (7) [(8)] the date and place the appraisal review |
---|
479 | 479 | | board will begin hearing protests; and |
---|
480 | 480 | | (8) [(9)] a brief explanation that the governing body |
---|
481 | 481 | | of each taxing unit decides whether or not taxes on the property |
---|
482 | 482 | | will increase and the appraisal district only determines the value |
---|
483 | 483 | | of the property. |
---|
484 | 484 | | (i) Delivery with a notice required by Subsection (a) or (g) |
---|
485 | 485 | | of a copy of the pamphlet published by the comptroller under Section |
---|
486 | 486 | | 5.06 or a copy of the notice published by the chief appraiser under |
---|
487 | 487 | | Section 41.70 is sufficient to comply with the requirement that the |
---|
488 | 488 | | notice include the information specified by Subsection (b)(6) |
---|
489 | 489 | | [(b)(7)] or (g)(3), as applicable. |
---|
490 | 490 | | SECTION 2.16. Section 25.25(c), Tax Code, is amended to |
---|
491 | 491 | | read as follows: |
---|
492 | 492 | | (c) The appraisal review board, on motion of the chief |
---|
493 | 493 | | appraiser or of a property owner, may direct by written order |
---|
494 | 494 | | changes in the appraisal roll for any of the five preceding years to |
---|
495 | 495 | | correct: |
---|
496 | 496 | | (1) clerical errors that affect a property owner's |
---|
497 | 497 | | liability for a tax imposed in that tax year; |
---|
498 | 498 | | (2) multiple appraisals of a property in that tax |
---|
499 | 499 | | year; |
---|
500 | 500 | | (3) the inclusion of property that does not exist in |
---|
501 | 501 | | the form or at the location described in the appraisal roll; [or] |
---|
502 | 502 | | (4) an error in which property is shown as owned by a |
---|
503 | 503 | | person who did not own the property on January 1 of that tax year; or |
---|
504 | 504 | | (5) an error in the square footage of a property |
---|
505 | 505 | | described in the appraisal roll and any error in the appraised value |
---|
506 | 506 | | of the property that resulted from that error. |
---|
507 | 507 | | SECTION 2.17. Section 26.012(9), Tax Code, is redesignated |
---|
508 | 508 | | as Section 26.012(18), Tax Code, and amended to read as follows: |
---|
509 | 509 | | (18) "No-new-revenue [(9) "Effective] maintenance |
---|
510 | 510 | | and operations rate" means a rate expressed in dollars per $100 of |
---|
511 | 511 | | taxable value and calculated according to the following formula: |
---|
512 | 512 | | NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS |
---|
513 | 513 | | RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST |
---|
514 | 514 | | YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - |
---|
515 | 515 | | NEW PROPERTY VALUE) |
---|
516 | 516 | | SECTION 2.18. The heading to Section 26.04, Tax Code, is |
---|
517 | 517 | | amended to read as follows: |
---|
518 | 518 | | Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
---|
519 | 519 | | NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES. |
---|
520 | 520 | | SECTION 2.19. Section 26.04, Tax Code, is amended by |
---|
521 | 521 | | amending Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and |
---|
522 | 522 | | (j) and adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) to |
---|
523 | 523 | | read as follows: |
---|
524 | 524 | | (b) The assessor shall submit the appraisal roll for the |
---|
525 | 525 | | unit showing the total appraised, assessed, and taxable values of |
---|
526 | 526 | | all property and the total taxable value of new property to the |
---|
527 | 527 | | governing body of the unit by August 1 or as soon thereafter as |
---|
528 | 528 | | practicable. By August 1 or as soon thereafter as practicable, the |
---|
529 | 529 | | taxing unit's collector shall certify [an estimate of] the |
---|
530 | 530 | | anticipated collection rate, as defined by Subsection (h), for the |
---|
531 | 531 | | current year to the governing body. If the collector certified an |
---|
532 | 532 | | anticipated collection rate in the preceding year and the actual |
---|
533 | 533 | | collection rate in that year exceeded the anticipated rate, the |
---|
534 | 534 | | collector shall also certify the amount of debt taxes collected in |
---|
535 | 535 | | excess of the anticipated amount in the preceding year. |
---|
536 | 536 | | (c) After the assessor for the unit submits the appraisal |
---|
537 | 537 | | roll for the unit to the governing body of the unit as required by |
---|
538 | 538 | | Subsection (b), an [An] officer or employee designated by the |
---|
539 | 539 | | governing body shall calculate the no-new-revenue [effective] tax |
---|
540 | 540 | | rate and the rollback tax rate for the unit, where: |
---|
541 | 541 | | (1) "No-new-revenue [Effective] tax rate" means a rate |
---|
542 | 542 | | expressed in dollars per $100 of taxable value calculated according |
---|
543 | 543 | | to the following formula: |
---|
544 | 544 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST YEAR'S |
---|
545 | 545 | | LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - |
---|
546 | 546 | | NEW PROPERTY VALUE) |
---|
547 | 547 | | ; and |
---|
548 | 548 | | (2) "Rollback tax rate" means a rate expressed in |
---|
549 | 549 | | dollars per $100 of taxable value calculated according to the |
---|
550 | 550 | | following formula: |
---|
551 | 551 | | ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE |
---|
552 | 552 | | AND OPERATIONS RATE x 1.08) + CURRENT DEBT RATE |
---|
553 | 553 | | (d) The no-new-revenue [effective] tax rate for a county is |
---|
554 | 554 | | the sum of the no-new-revenue [effective] tax rates calculated for |
---|
555 | 555 | | each type of tax the county levies and the rollback tax rate for a |
---|
556 | 556 | | county is the sum of the rollback tax rates calculated for each type |
---|
557 | 557 | | of tax the county levies. |
---|
558 | 558 | | (d-1) The designated officer or employee shall use the tax |
---|
559 | 559 | | rate calculation forms prescribed by the comptroller under Section |
---|
560 | 560 | | 5.07 in calculating the no-new-revenue tax rate and the rollback |
---|
561 | 561 | | tax rate. |
---|
562 | 562 | | (d-2) The designated officer or employee may not submit the |
---|
563 | 563 | | no-new-revenue tax rate and the rollback tax rate to the governing |
---|
564 | 564 | | body of the taxing unit and the unit may not adopt a tax rate until |
---|
565 | 565 | | the designated officer or employee certifies on the tax rate |
---|
566 | 566 | | calculation forms that the designated officer or employee has |
---|
567 | 567 | | accurately calculated the tax rates and has used values that are the |
---|
568 | 568 | | same as the values shown in the unit's certified appraisal roll in |
---|
569 | 569 | | performing the calculations. |
---|
570 | 570 | | (e) By August 7 or as soon thereafter as practicable, the |
---|
571 | 571 | | designated officer or employee shall submit the rates to the |
---|
572 | 572 | | governing body. The designated officer or employee [He] shall |
---|
573 | 573 | | deliver by mail to each property owner in the unit or publish in a |
---|
574 | 574 | | newspaper and may post prominently on the home page of the unit's |
---|
575 | 575 | | Internet website, if applicable, in the form prescribed by the |
---|
576 | 576 | | comptroller: |
---|
577 | 577 | | (1) the no-new-revenue [effective] tax rate, the |
---|
578 | 578 | | rollback tax rate, and an explanation of how they were calculated; |
---|
579 | 579 | | (2) the estimated amount of interest and sinking fund |
---|
580 | 580 | | balances and the estimated amount of maintenance and operation or |
---|
581 | 581 | | general fund balances remaining at the end of the current fiscal |
---|
582 | 582 | | year that are not encumbered with or by corresponding existing debt |
---|
583 | 583 | | obligation; |
---|
584 | 584 | | (3) a schedule of the unit's debt obligations showing: |
---|
585 | 585 | | (A) the amount of principal and interest that |
---|
586 | 586 | | will be paid to service the unit's debts in the next year from |
---|
587 | 587 | | property tax revenue, including payments of lawfully incurred |
---|
588 | 588 | | contractual obligations providing security for the payment of the |
---|
589 | 589 | | principal of and interest on bonds and other evidences of |
---|
590 | 590 | | indebtedness issued on behalf of the unit by another political |
---|
591 | 591 | | subdivision and, if the unit is created under Section 52, Article |
---|
592 | 592 | | III, or Section 59, Article XVI, Texas Constitution, payments on |
---|
593 | 593 | | debts that the unit anticipates to incur in the next calendar year; |
---|
594 | 594 | | (B) the amount by which taxes imposed for debt |
---|
595 | 595 | | are to be increased because of the unit's anticipated collection |
---|
596 | 596 | | rate; and |
---|
597 | 597 | | (C) the total of the amounts listed in Paragraphs |
---|
598 | 598 | | (A)-(B), less any amount collected in excess of the previous year's |
---|
599 | 599 | | anticipated collections certified as provided in Subsection (b); |
---|
600 | 600 | | (4) the amount of additional sales and use tax revenue |
---|
601 | 601 | | anticipated in calculations under Section 26.041; |
---|
602 | 602 | | (5) a statement that the adoption of a tax rate equal |
---|
603 | 603 | | to the no-new-revenue [effective] tax rate would result in an |
---|
604 | 604 | | increase or decrease, as applicable, in the amount of taxes imposed |
---|
605 | 605 | | by the unit as compared to last year's levy, and the amount of the |
---|
606 | 606 | | increase or decrease; |
---|
607 | 607 | | (6) in the year that a taxing unit calculates an |
---|
608 | 608 | | adjustment under Subsection (i) or (j), a schedule that includes |
---|
609 | 609 | | the following elements: |
---|
610 | 610 | | (A) the name of the unit discontinuing the |
---|
611 | 611 | | department, function, or activity; |
---|
612 | 612 | | (B) the amount of property tax revenue spent by |
---|
613 | 613 | | the unit listed under Paragraph (A) to operate the discontinued |
---|
614 | 614 | | department, function, or activity in the 12 months preceding the |
---|
615 | 615 | | month in which the calculations required by this chapter are made; |
---|
616 | 616 | | and |
---|
617 | 617 | | (C) the name of the unit that operates a distinct |
---|
618 | 618 | | department, function, or activity in all or a majority of the |
---|
619 | 619 | | territory of a taxing unit that has discontinued operating the |
---|
620 | 620 | | distinct department, function, or activity; and |
---|
621 | 621 | | (7) in the year following the year in which a taxing |
---|
622 | 622 | | unit raised its rollback tax rate as required by Subsection (j), a |
---|
623 | 623 | | schedule that includes the following elements: |
---|
624 | 624 | | (A) the amount of property tax revenue spent by |
---|
625 | 625 | | the unit to operate the department, function, or activity for which |
---|
626 | 626 | | the taxing unit raised the rollback tax rate as required by |
---|
627 | 627 | | Subsection (j) for the 12 months preceding the month in which the |
---|
628 | 628 | | calculations required by this chapter are made; and |
---|
629 | 629 | | (B) the amount published by the unit in the |
---|
630 | 630 | | preceding tax year under Subdivision (6)(B). |
---|
631 | 631 | | (e-1) The tax rate certification requirements imposed by |
---|
632 | 632 | | Subsection (d-2) and the notice requirements imposed by Subsections |
---|
633 | 633 | | (e)(1)-(6) do not apply to a school district. |
---|
634 | 634 | | (e-2) By August 7 or as soon thereafter as practicable, the |
---|
635 | 635 | | chief appraiser of each appraisal district shall deliver by regular |
---|
636 | 636 | | mail or e-mail to each owner of property located in the appraisal |
---|
637 | 637 | | district a notice that the estimated amount of taxes to be imposed |
---|
638 | 638 | | on the owner's property by each taxing unit in which the property is |
---|
639 | 639 | | located may be found in the property tax database maintained by the |
---|
640 | 640 | | appraisal district under Section 26.17. The notice must include: |
---|
641 | 641 | | (1) the following statement: |
---|
642 | 642 | | "PROPOSED (tax year) PROPERTY TAX BILL INFORMATION |
---|
643 | 643 | | "Information concerning the property taxes that may be |
---|
644 | 644 | | imposed on your property by local taxing units, the dates and |
---|
645 | 645 | | locations of any public hearings on the tax rates of the taxing |
---|
646 | 646 | | units, and the dates and locations of meetings of the governing |
---|
647 | 647 | | bodies of the taxing units to vote on the tax rates, together with |
---|
648 | 648 | | other important property tax information, may be found at the |
---|
649 | 649 | | website listed below: |
---|
650 | 650 | | "(address of the Internet website at which the information |
---|
651 | 651 | | may be found)."; |
---|
652 | 652 | | (2) a statement that the property owner may request |
---|
653 | 653 | | from the county assessor-collector contact information for the |
---|
654 | 654 | | assessor for each taxing unit in which the property is located, who |
---|
655 | 655 | | must provide the information described by this subsection to the |
---|
656 | 656 | | owner on request; and |
---|
657 | 657 | | (3) the address and telephone number of the county |
---|
658 | 658 | | assessor-collector. |
---|
659 | 659 | | (e-3) The heading of the statement described by Subsection |
---|
660 | 660 | | (e-2)(1) must be in bold, capital letters in typeset larger than |
---|
661 | 661 | | that used in the other provisions of the notice. |
---|
662 | 662 | | (e-4) The comptroller may adopt rules regarding the format |
---|
663 | 663 | | and delivery of the notice required by Subsection (e-2). |
---|
664 | 664 | | (f) If as a result of consolidation of taxing units a taxing |
---|
665 | 665 | | unit includes territory that was in two or more taxing units in the |
---|
666 | 666 | | preceding year, the amount of taxes imposed in each in the preceding |
---|
667 | 667 | | year is combined for purposes of calculating the no-new-revenue |
---|
668 | 668 | | [effective] and rollback tax rates under this section. |
---|
669 | 669 | | (g) A person who owns taxable property is entitled to an |
---|
670 | 670 | | injunction prohibiting the taxing unit in which the property is |
---|
671 | 671 | | taxable from adopting a tax rate if the assessor or designated |
---|
672 | 672 | | officer or employee of the unit, the chief appraiser of the |
---|
673 | 673 | | applicable appraisal district, or the taxing unit, as applicable, |
---|
674 | 674 | | has not complied with the computation, [or] publication, or posting |
---|
675 | 675 | | requirements of this section or Section 26.17 or 26.18 [and the |
---|
676 | 676 | | failure to comply was not in good faith]. |
---|
677 | 677 | | (i) This subsection applies to a taxing unit that has agreed |
---|
678 | 678 | | by written contract to transfer a distinct department, function, or |
---|
679 | 679 | | activity to another taxing unit and discontinues operating that |
---|
680 | 680 | | distinct department, function, or activity if the operation of that |
---|
681 | 681 | | department, function, or activity in all or a majority of the |
---|
682 | 682 | | territory of the taxing unit is continued by another existing |
---|
683 | 683 | | taxing unit or by a new taxing unit. The rollback tax rate of a |
---|
684 | 684 | | taxing unit to which this subsection applies in the first tax year |
---|
685 | 685 | | in which a budget is adopted that does not allocate revenue to the |
---|
686 | 686 | | discontinued department, function, or activity is calculated as |
---|
687 | 687 | | otherwise provided by this section, except that last year's levy |
---|
688 | 688 | | used to calculate the no-new-revenue [effective] maintenance and |
---|
689 | 689 | | operations rate of the unit is reduced by the amount of maintenance |
---|
690 | 690 | | and operations tax revenue spent by the taxing unit to operate the |
---|
691 | 691 | | department, function, or activity for the 12 months preceding the |
---|
692 | 692 | | month in which the calculations required by this chapter are made |
---|
693 | 693 | | and in which the unit operated the discontinued department, |
---|
694 | 694 | | function, or activity. If the unit did not operate that department, |
---|
695 | 695 | | function, or activity for the full 12 months preceding the month in |
---|
696 | 696 | | which the calculations required by this chapter are made, the unit |
---|
697 | 697 | | shall reduce last year's levy used for calculating the |
---|
698 | 698 | | no-new-revenue [effective] maintenance and operations rate of the |
---|
699 | 699 | | unit by the amount of the revenue spent in the last full fiscal year |
---|
700 | 700 | | in which the unit operated the discontinued department, function, |
---|
701 | 701 | | or activity. |
---|
702 | 702 | | (j) This subsection applies to a taxing unit that had agreed |
---|
703 | 703 | | by written contract to accept the transfer of a distinct |
---|
704 | 704 | | department, function, or activity from another taxing unit and |
---|
705 | 705 | | operates a distinct department, function, or activity if the |
---|
706 | 706 | | operation of a substantially similar department, function, or |
---|
707 | 707 | | activity in all or a majority of the territory of the taxing unit |
---|
708 | 708 | | has been discontinued by another taxing unit, including a dissolved |
---|
709 | 709 | | taxing unit. The rollback tax rate of a taxing unit to which this |
---|
710 | 710 | | subsection applies in the first tax year after the other taxing unit |
---|
711 | 711 | | discontinued the substantially similar department, function, or |
---|
712 | 712 | | activity in which a budget is adopted that allocates revenue to the |
---|
713 | 713 | | department, function, or activity is calculated as otherwise |
---|
714 | 714 | | provided by this section, except that last year's levy used to |
---|
715 | 715 | | calculate the no-new-revenue [effective] maintenance and |
---|
716 | 716 | | operations rate of the unit is increased by the amount of |
---|
717 | 717 | | maintenance and operations tax revenue spent by the taxing unit |
---|
718 | 718 | | that discontinued operating the substantially similar department, |
---|
719 | 719 | | function, or activity to operate that department, function, or |
---|
720 | 720 | | activity for the 12 months preceding the month in which the |
---|
721 | 721 | | calculations required by this chapter are made and in which the unit |
---|
722 | 722 | | operated the discontinued department, function, or activity. If |
---|
723 | 723 | | the unit did not operate the discontinued department, function, or |
---|
724 | 724 | | activity for the full 12 months preceding the month in which the |
---|
725 | 725 | | calculations required by this chapter are made, the unit may |
---|
726 | 726 | | increase last year's levy used to calculate the no-new-revenue |
---|
727 | 727 | | [effective] maintenance and operations rate by an amount not to |
---|
728 | 728 | | exceed the amount of property tax revenue spent by the |
---|
729 | 729 | | discontinuing unit to operate the discontinued department, |
---|
730 | 730 | | function, or activity in the last full fiscal year in which the |
---|
731 | 731 | | discontinuing unit operated the department, function, or activity. |
---|
732 | 732 | | SECTION 2.20. Sections 26.041(a), (b), (c), (e), (g), and |
---|
733 | 733 | | (h), Tax Code, are amended to read as follows: |
---|
734 | 734 | | (a) In the first year in which an additional sales and use |
---|
735 | 735 | | tax is required to be collected, the no-new-revenue [effective] tax |
---|
736 | 736 | | rate and rollback tax rate for the unit are calculated according to |
---|
737 | 737 | | the following formulas: |
---|
738 | 738 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S |
---|
739 | 739 | | LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
---|
740 | 740 | | PROPERTY VALUE)] - SALES TAX GAIN RATE |
---|
741 | 741 | | and |
---|
742 | 742 | | ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] |
---|
743 | 743 | | MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
---|
744 | 744 | | RATE - SALES TAX GAIN RATE |
---|
745 | 745 | | where "sales tax gain rate" means a number expressed in dollars per |
---|
746 | 746 | | $100 of taxable value, calculated by dividing the revenue that will |
---|
747 | 747 | | be generated by the additional sales and use tax in the following |
---|
748 | 748 | | year as calculated under Subsection (d) [of this section] by the |
---|
749 | 749 | | current total value. |
---|
750 | 750 | | (b) Except as provided by Subsections (a) and (c) [of this |
---|
751 | 751 | | section], in a year in which a taxing unit imposes an additional |
---|
752 | 752 | | sales and use tax, the rollback tax rate for the unit is calculated |
---|
753 | 753 | | according to the following formula, regardless of whether the unit |
---|
754 | 754 | | levied a property tax in the preceding year: |
---|
755 | 755 | | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
---|
756 | 756 | | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL |
---|
757 | 757 | | VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - |
---|
758 | 758 | | SALES TAX REVENUE RATE) |
---|
759 | 759 | | where "last year's maintenance and operations expense" means the |
---|
760 | 760 | | amount spent for maintenance and operations from property tax and |
---|
761 | 761 | | additional sales and use tax revenues in the preceding year, and |
---|
762 | 762 | | "sales tax revenue rate" means a number expressed in dollars per |
---|
763 | 763 | | $100 of taxable value, calculated by dividing the revenue that will |
---|
764 | 764 | | be generated by the additional sales and use tax in the current year |
---|
765 | 765 | | as calculated under Subsection (d) [of this section] by the current |
---|
766 | 766 | | total value. |
---|
767 | 767 | | (c) In a year in which a taxing unit that has been imposing |
---|
768 | 768 | | an additional sales and use tax ceases to impose an additional sales |
---|
769 | 769 | | and use tax, the no-new-revenue [effective] tax rate and rollback |
---|
770 | 770 | | tax rate for the unit are calculated according to the following |
---|
771 | 771 | | formulas: |
---|
772 | 772 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S |
---|
773 | 773 | | LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
---|
774 | 774 | | PROPERTY VALUE)] + SALES TAX LOSS RATE |
---|
775 | 775 | | and |
---|
776 | 776 | | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
---|
777 | 777 | | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL |
---|
778 | 778 | | VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE |
---|
779 | 779 | | where "sales tax loss rate" means a number expressed in dollars per |
---|
780 | 780 | | $100 of taxable value, calculated by dividing the amount of sales |
---|
781 | 781 | | and use tax revenue generated in the last four quarters for which |
---|
782 | 782 | | the information is available by the current total value and "last |
---|
783 | 783 | | year's maintenance and operations expense" means the amount spent |
---|
784 | 784 | | for maintenance and operations from property tax and additional |
---|
785 | 785 | | sales and use tax revenues in the preceding year. |
---|
786 | 786 | | (e) If a city that imposes an additional sales and use tax |
---|
787 | 787 | | receives payments under the terms of a contract executed before |
---|
788 | 788 | | January 1, 1986, in which the city agrees not to annex certain |
---|
789 | 789 | | property or a certain area and the owners or lessees of the property |
---|
790 | 790 | | or of property in the area agree to pay at least annually to the city |
---|
791 | 791 | | an amount determined by reference to all or a percentage of the |
---|
792 | 792 | | property tax rate of the city and all or a part of the value of the |
---|
793 | 793 | | property subject to the agreement or included in the area subject to |
---|
794 | 794 | | the agreement, the governing body, by order adopted by a majority |
---|
795 | 795 | | vote of the governing body, may direct the designated officer or |
---|
796 | 796 | | employee to add to the no-new-revenue [effective] and rollback tax |
---|
797 | 797 | | rates the amount that, when applied to the total taxable value |
---|
798 | 798 | | submitted to the governing body, would produce an amount of taxes |
---|
799 | 799 | | equal to the difference between the total amount of payments for the |
---|
800 | 800 | | tax year under contracts described by this subsection under the |
---|
801 | 801 | | rollback tax rate calculated under this section and the total |
---|
802 | 802 | | amount of payments for the tax year that would have been obligated |
---|
803 | 803 | | to the city if the city had not adopted an additional sales and use |
---|
804 | 804 | | tax. |
---|
805 | 805 | | (g) If the rate of the additional sales and use tax is |
---|
806 | 806 | | increased, the designated officer or employee shall make two |
---|
807 | 807 | | projections, in the manner provided by Subsection (d) [of this |
---|
808 | 808 | | section], of the revenue generated by the additional sales and use |
---|
809 | 809 | | tax in the following year. The first projection must take into |
---|
810 | 810 | | account the increase and the second projection must not take into |
---|
811 | 811 | | account the increase. The designated officer or employee shall |
---|
812 | 812 | | then subtract the amount of the result of the second projection from |
---|
813 | 813 | | the amount of the result of the first projection to determine the |
---|
814 | 814 | | revenue generated as a result of the increase in the additional |
---|
815 | 815 | | sales and use tax. In the first year in which an additional sales |
---|
816 | 816 | | and use tax is increased, the no-new-revenue [effective] tax rate |
---|
817 | 817 | | for the unit is the no-new-revenue [effective] tax rate before the |
---|
818 | 818 | | increase minus a number the numerator of which is the revenue |
---|
819 | 819 | | generated as a result of the increase in the additional sales and |
---|
820 | 820 | | use tax, as determined under this subsection, and the denominator |
---|
821 | 821 | | of which is the current total value minus the new property value. |
---|
822 | 822 | | (h) If the rate of the additional sales and use tax is |
---|
823 | 823 | | decreased, the designated officer or employee shall make two |
---|
824 | 824 | | projections, in the manner provided by Subsection (d) [of this |
---|
825 | 825 | | section], of the revenue generated by the additional sales and use |
---|
826 | 826 | | tax in the following year. The first projection must take into |
---|
827 | 827 | | account the decrease and the second projection must not take into |
---|
828 | 828 | | account the decrease. The designated officer or employee shall |
---|
829 | 829 | | then subtract the amount of the result of the first projection from |
---|
830 | 830 | | the amount of the result of the second projection to determine the |
---|
831 | 831 | | revenue lost as a result of the decrease in the additional sales and |
---|
832 | 832 | | use tax. In the first year in which an additional sales and use tax |
---|
833 | 833 | | is decreased, the no-new-revenue [effective] tax rate for the unit |
---|
834 | 834 | | is the no-new-revenue [effective] tax rate before the decrease plus |
---|
835 | 835 | | a number the numerator of which is the revenue lost as a result of |
---|
836 | 836 | | the decrease in the additional sales and use tax, as determined |
---|
837 | 837 | | under this subsection, and the denominator of which is the current |
---|
838 | 838 | | total value minus the new property value. |
---|
839 | 839 | | SECTION 2.21. The heading to Section 26.043, Tax Code, is |
---|
840 | 840 | | amended to read as follows: |
---|
841 | 841 | | Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX |
---|
842 | 842 | | RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. |
---|
843 | 843 | | SECTION 2.22. Sections 26.043(a) and (b), Tax Code, are |
---|
844 | 844 | | amended to read as follows: |
---|
845 | 845 | | (a) In the tax year in which a city has set an election on |
---|
846 | 846 | | the question of whether to impose a local sales and use tax under |
---|
847 | 847 | | Subchapter H, Chapter 453, Transportation Code, the officer or |
---|
848 | 848 | | employee designated to make the calculations provided by Section |
---|
849 | 849 | | 26.04 may not make those calculations until the outcome of the |
---|
850 | 850 | | election is determined. If the election is determined in favor of |
---|
851 | 851 | | the imposition of the tax, the representative shall subtract from |
---|
852 | 852 | | the city's rollback and no-new-revenue [effective] tax rates the |
---|
853 | 853 | | amount that, if applied to the city's current total value, would |
---|
854 | 854 | | impose an amount equal to the amount of property taxes budgeted in |
---|
855 | 855 | | the current tax year to pay for expenses related to mass transit |
---|
856 | 856 | | services. |
---|
857 | 857 | | (b) In a tax year to which this section applies, a reference |
---|
858 | 858 | | in this chapter to the city's no-new-revenue [effective] or |
---|
859 | 859 | | rollback tax rate refers to that rate as adjusted under this |
---|
860 | 860 | | section. |
---|
861 | 861 | | SECTION 2.23. The heading to Section 26.044, Tax Code, is |
---|
862 | 862 | | amended to read as follows: |
---|
863 | 863 | | Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR |
---|
864 | 864 | | STATE CRIMINAL JUSTICE MANDATE. |
---|
865 | 865 | | SECTION 2.24. Sections 26.044(a), (b), and (c), Tax Code, |
---|
866 | 866 | | are amended to read as follows: |
---|
867 | 867 | | (a) The first time that a county adopts a tax rate after |
---|
868 | 868 | | September 1, 1991, in which the state criminal justice mandate |
---|
869 | 869 | | applies to the county, the no-new-revenue [effective] maintenance |
---|
870 | 870 | | and operation rate for the county is increased by the rate |
---|
871 | 871 | | calculated according to the following formula: |
---|
872 | 872 | | (State Criminal Justice Mandate) / (Current Total |
---|
873 | 873 | | Value - New Property Value) |
---|
874 | 874 | | (b) In the second and subsequent years that a county adopts |
---|
875 | 875 | | a tax rate, if the amount spent by the county for the state criminal |
---|
876 | 876 | | justice mandate increased over the previous year, the |
---|
877 | 877 | | no-new-revenue [effective] maintenance and operation rate for the |
---|
878 | 878 | | county is increased by the rate calculated according to the |
---|
879 | 879 | | following formula: |
---|
880 | 880 | | (This Year's State Criminal Justice Mandate - Previous |
---|
881 | 881 | | Year's State Criminal Justice Mandate) / (Current |
---|
882 | 882 | | Total Value - New Property Value) |
---|
883 | 883 | | (c) The county shall include a notice of the increase in the |
---|
884 | 884 | | no-new-revenue [effective] maintenance and operation rate provided |
---|
885 | 885 | | by this section, including a description and amount of the state |
---|
886 | 886 | | criminal justice mandate, in the information published under |
---|
887 | 887 | | Section 26.04(e) and Section 26.06(b) [of this code]. |
---|
888 | 888 | | SECTION 2.25. Sections 26.0441(a), (b), and (c), Tax Code, |
---|
889 | 889 | | are amended to read as follows: |
---|
890 | 890 | | (a) In the first tax year in which a taxing unit adopts a tax |
---|
891 | 891 | | rate after January 1, 2000, and in which the enhanced minimum |
---|
892 | 892 | | eligibility standards for indigent health care established under |
---|
893 | 893 | | Section 61.006, Health and Safety Code, apply to the taxing unit, |
---|
894 | 894 | | the no-new-revenue [effective] maintenance and operations rate for |
---|
895 | 895 | | the taxing unit is increased by the rate computed according to the |
---|
896 | 896 | | following formula: |
---|
897 | 897 | | Amount of Increase = Enhanced Indigent Health Care |
---|
898 | 898 | | Expenditures / (Current Total Value - New Property |
---|
899 | 899 | | Value) |
---|
900 | 900 | | (b) In each subsequent tax year, if the taxing unit's |
---|
901 | 901 | | enhanced indigent health care expenses exceed the amount of those |
---|
902 | 902 | | expenses for the preceding year, the no-new-revenue [effective] |
---|
903 | 903 | | maintenance and operations rate for the taxing unit is increased by |
---|
904 | 904 | | the rate computed according to the following formula: |
---|
905 | 905 | | Amount of Increase = (Current Tax Year's Enhanced |
---|
906 | 906 | | Indigent Health Care Expenditures - Preceding Tax |
---|
907 | 907 | | Year's Indigent Health Care Expenditures) / (Current |
---|
908 | 908 | | Total Value - New Property Value) |
---|
909 | 909 | | (c) The taxing unit shall include a notice of the increase |
---|
910 | 910 | | in its no-new-revenue [effective] maintenance and operations rate |
---|
911 | 911 | | provided by this section, including a brief description and the |
---|
912 | 912 | | amount of the enhanced indigent health care expenditures, in the |
---|
913 | 913 | | information published under Section 26.04(e) and, if applicable, |
---|
914 | 914 | | Section 26.06(b). |
---|
915 | 915 | | SECTION 2.26. Section 26.05, Tax Code, is amended by |
---|
916 | 916 | | amending Subsections (b), (c), (d), (e), and (g) and adding |
---|
917 | 917 | | Subsections (d-1) and (d-2) to read as follows: |
---|
918 | 918 | | (b) A taxing unit may not impose property taxes in any year |
---|
919 | 919 | | until the governing body has adopted a tax rate for that year, and |
---|
920 | 920 | | the annual tax rate must be set by ordinance, resolution, or order, |
---|
921 | 921 | | depending on the method prescribed by law for adoption of a law by |
---|
922 | 922 | | the governing body. The vote on the ordinance, resolution, or order |
---|
923 | 923 | | setting the tax rate must be separate from the vote adopting the |
---|
924 | 924 | | budget. For a taxing unit other than a school district, the vote on |
---|
925 | 925 | | the ordinance, resolution, or order setting a tax rate that exceeds |
---|
926 | 926 | | the no-new-revenue [effective] tax rate must be a record vote, and |
---|
927 | 927 | | at least 60 percent of the members of the governing body must vote |
---|
928 | 928 | | in favor of the ordinance, resolution, or order. For a school |
---|
929 | 929 | | district, the vote on the ordinance, resolution, or order setting a |
---|
930 | 930 | | tax rate that exceeds the sum of the no-new-revenue [effective] |
---|
931 | 931 | | maintenance and operations tax rate of the district as determined |
---|
932 | 932 | | under Section 26.08(i) and the district's current debt rate must be |
---|
933 | 933 | | a record vote, and at least 60 percent of the members of the |
---|
934 | 934 | | governing body must vote in favor of the ordinance, resolution, or |
---|
935 | 935 | | order. A motion to adopt an ordinance, resolution, or order setting |
---|
936 | 936 | | a tax rate that exceeds the no-new-revenue [effective] tax rate |
---|
937 | 937 | | must be made in the following form: "I move that the property tax |
---|
938 | 938 | | rate be increased by the adoption of a tax rate of (specify tax |
---|
939 | 939 | | rate), which is effectively a (insert percentage by which the |
---|
940 | 940 | | proposed tax rate exceeds the no-new-revenue [effective] tax rate) |
---|
941 | 941 | | percent increase in the tax rate." If the ordinance, resolution, or |
---|
942 | 942 | | order sets a tax rate that, if applied to the total taxable value, |
---|
943 | 943 | | will impose an amount of taxes to fund maintenance and operation |
---|
944 | 944 | | expenditures of the taxing unit that exceeds the amount of taxes |
---|
945 | 945 | | imposed for that purpose in the preceding year, the taxing unit |
---|
946 | 946 | | must: |
---|
947 | 947 | | (1) include in the ordinance, resolution, or order in |
---|
948 | 948 | | type larger than the type used in any other portion of the document: |
---|
949 | 949 | | (A) the following statement: "THIS TAX RATE WILL |
---|
950 | 950 | | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S |
---|
951 | 951 | | TAX RATE."; and |
---|
952 | 952 | | (B) if the tax rate exceeds the no-new-revenue |
---|
953 | 953 | | [effective] maintenance and operations rate, the following |
---|
954 | 954 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
955 | 955 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
956 | 956 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
957 | 957 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
958 | 958 | | APPROXIMATELY $(Insert amount)."; and |
---|
959 | 959 | | (2) include on the home page of any Internet website |
---|
960 | 960 | | operated by the unit: |
---|
961 | 961 | | (A) the following statement: "(Insert name of |
---|
962 | 962 | | unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE |
---|
963 | 963 | | AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and |
---|
964 | 964 | | (B) if the tax rate exceeds the no-new-revenue |
---|
965 | 965 | | [effective] maintenance and operations rate, the following |
---|
966 | 966 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
967 | 967 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
968 | 968 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
969 | 969 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
970 | 970 | | APPROXIMATELY $(Insert amount)." |
---|
971 | 971 | | (c) If the governing body of a taxing unit does not adopt a |
---|
972 | 972 | | tax rate before the date required by Subsection (a), the tax rate |
---|
973 | 973 | | for the taxing unit for that tax year is the lower of the |
---|
974 | 974 | | no-new-revenue [effective] tax rate calculated for that tax year or |
---|
975 | 975 | | the tax rate adopted by the taxing unit for the preceding tax year. |
---|
976 | 976 | | A tax rate established by this subsection is treated as an adopted |
---|
977 | 977 | | tax rate. Before the fifth day after the establishment of a tax |
---|
978 | 978 | | rate by this subsection, the governing body of the taxing unit must |
---|
979 | 979 | | ratify the applicable tax rate in the manner required by Subsection |
---|
980 | 980 | | (b). |
---|
981 | 981 | | (d) The governing body of a taxing unit other than a school |
---|
982 | 982 | | district may not adopt a tax rate that exceeds the lower of the |
---|
983 | 983 | | rollback tax rate or the no-new-revenue [effective] tax rate |
---|
984 | 984 | | calculated as provided by this chapter until the governing body has |
---|
985 | 985 | | held two public hearings on the proposed tax rate and has otherwise |
---|
986 | 986 | | complied with Section 26.06 and Section 26.065. The governing body |
---|
987 | 987 | | of a taxing unit shall reduce a tax rate set by law or by vote of the |
---|
988 | 988 | | electorate to the lower of the rollback tax rate or the |
---|
989 | 989 | | no-new-revenue [effective] tax rate and may not adopt a higher rate |
---|
990 | 990 | | unless it first complies with Section 26.06. |
---|
991 | 991 | | (d-1) The governing body of a taxing unit may not hold a |
---|
992 | 992 | | public hearing on a proposed tax rate or a public meeting to adopt a |
---|
993 | 993 | | tax rate until the 14th day after the date the officer or employee |
---|
994 | 994 | | designated by the governing body of the unit to calculate the |
---|
995 | 995 | | no-new-revenue tax rate and the rollback tax rate for the unit |
---|
996 | 996 | | complies with Section 26.17. |
---|
997 | 997 | | (d-2) Notwithstanding Subsection (a), the governing body of |
---|
998 | 998 | | a taxing unit other than a school district may not adopt a tax rate |
---|
999 | 999 | | until: |
---|
1000 | 1000 | | (1) the chief appraiser of each appraisal district in |
---|
1001 | 1001 | | which the taxing unit participates has: |
---|
1002 | 1002 | | (A) delivered the notice required by Section |
---|
1003 | 1003 | | 26.04(e-2); and |
---|
1004 | 1004 | | (B) incorporated the tax rate calculation forms |
---|
1005 | 1005 | | submitted to the appraisal district under Section 26.17(d)(2) by |
---|
1006 | 1006 | | the designated officer or employee of the taxing unit into the |
---|
1007 | 1007 | | property tax database maintained by the chief appraiser and made |
---|
1008 | 1008 | | them available to the public; |
---|
1009 | 1009 | | (2) the designated officer or employee of the taxing |
---|
1010 | 1010 | | unit has entered in the property tax database maintained by the |
---|
1011 | 1011 | | chief appraiser the information described by Section 26.17(b) for |
---|
1012 | 1012 | | the current tax year; and |
---|
1013 | 1013 | | (3) the taxing unit has posted the information |
---|
1014 | 1014 | | described by Section 26.18 on the Internet website used by the |
---|
1015 | 1015 | | taxing unit for that purpose. |
---|
1016 | 1016 | | (e) A person who owns taxable property is entitled to an |
---|
1017 | 1017 | | injunction restraining the collection of taxes by a taxing unit in |
---|
1018 | 1018 | | which the property is taxable if the taxing unit has not complied |
---|
1019 | 1019 | | with the requirements of this section or Section 26.04 [and the |
---|
1020 | 1020 | | failure to comply was not in good faith]. An action to enjoin the |
---|
1021 | 1021 | | collection of taxes must be filed not later than the 15th day after |
---|
1022 | 1022 | | the date the taxing unit adopts a tax rate. A property owner is not |
---|
1023 | 1023 | | required to pay the taxes imposed by a taxing unit on the owner's |
---|
1024 | 1024 | | property while an action filed by the property owner to enjoin the |
---|
1025 | 1025 | | collection of taxes imposed by the taxing unit on the owner's |
---|
1026 | 1026 | | property is pending. If the property owner pays the taxes and |
---|
1027 | 1027 | | subsequently prevails in the action, the property owner is entitled |
---|
1028 | 1028 | | to a refund of the taxes paid, together with reasonable attorney's |
---|
1029 | 1029 | | fees and court costs. The property owner is not required to apply |
---|
1030 | 1030 | | to the collector for the taxing unit to receive the refund [prior to |
---|
1031 | 1031 | | the date a taxing unit delivers substantially all of its tax bills]. |
---|
1032 | 1032 | | (g) Notwithstanding Subsection (a), the governing body of a |
---|
1033 | 1033 | | school district that elects to adopt a tax rate before the adoption |
---|
1034 | 1034 | | of a budget for the fiscal year that begins in the current tax year |
---|
1035 | 1035 | | may adopt a tax rate for the current tax year before receipt of the |
---|
1036 | 1036 | | certified appraisal roll for the school district if the chief |
---|
1037 | 1037 | | appraiser of the appraisal district in which the school district |
---|
1038 | 1038 | | participates has certified to the assessor for the school district |
---|
1039 | 1039 | | an estimate of the taxable value of property in the school district |
---|
1040 | 1040 | | as provided by Section 26.01(e). If a school district adopts a tax |
---|
1041 | 1041 | | rate under this subsection, the no-new-revenue [effective] tax rate |
---|
1042 | 1042 | | and the rollback tax rate of the district shall be calculated based |
---|
1043 | 1043 | | on the certified estimate of taxable value. |
---|
1044 | 1044 | | SECTION 2.27. Section 26.052, Tax Code, is amended by |
---|
1045 | 1045 | | amending Subsection (e) and adding Subsection (f) to read as |
---|
1046 | 1046 | | follows: |
---|
1047 | 1047 | | (e) Public notice provided under Subsection (c) must |
---|
1048 | 1048 | | specify: |
---|
1049 | 1049 | | (1) the tax rate that the governing body proposes to |
---|
1050 | 1050 | | adopt; |
---|
1051 | 1051 | | (2) the date, time, and location of the meeting of the |
---|
1052 | 1052 | | governing body of the taxing unit at which the governing body will |
---|
1053 | 1053 | | consider adopting the proposed tax rate; and |
---|
1054 | 1054 | | (3) if the proposed tax rate for the taxing unit |
---|
1055 | 1055 | | exceeds the unit's no-new-revenue [effective] tax rate calculated |
---|
1056 | 1056 | | as provided by Section 26.04, a statement substantially identical |
---|
1057 | 1057 | | to the following: "The proposed tax rate would increase total taxes |
---|
1058 | 1058 | | in (name of taxing unit) by (percentage by which the proposed tax |
---|
1059 | 1059 | | rate exceeds the no-new-revenue [effective] tax rate)." |
---|
1060 | 1060 | | (f) A taxing unit to which this section applies that elects |
---|
1061 | 1061 | | to provide public notice of its proposed tax rate under Subsection |
---|
1062 | 1062 | | (c) may also provide public notice of its proposed tax rate by |
---|
1063 | 1063 | | posting notice of the proposed tax rate including the information |
---|
1064 | 1064 | | prescribed by Subsection (e) prominently on the home page of the |
---|
1065 | 1065 | | Internet website maintained by the taxing unit, if applicable. |
---|
1066 | 1066 | | SECTION 2.28. Sections 26.06(b), (c), (d), and (e), Tax |
---|
1067 | 1067 | | Code, are amended to read as follows: |
---|
1068 | 1068 | | (b) The notice of a public hearing may not be smaller than |
---|
1069 | 1069 | | one-quarter page of a standard-size or a tabloid-size newspaper, |
---|
1070 | 1070 | | and the headline on the notice must be in 24-point or larger type. |
---|
1071 | 1071 | | The notice must contain a statement in the following form: |
---|
1072 | 1072 | | "NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
1073 | 1073 | | "The (name of the taxing unit) will hold two public hearings |
---|
1074 | 1074 | | on a proposal to increase total tax revenues from properties on the |
---|
1075 | 1075 | | tax roll in the preceding tax year by (percentage by which proposed |
---|
1076 | 1076 | | tax rate exceeds lower of rollback tax rate or no-new-revenue |
---|
1077 | 1077 | | [effective] tax rate calculated under this chapter) percent. Your |
---|
1078 | 1078 | | individual taxes may increase at a greater or lesser rate, or even |
---|
1079 | 1079 | | decrease, depending on the tax rate that is adopted and on the |
---|
1080 | 1080 | | change in the taxable value of your property in relation to the |
---|
1081 | 1081 | | change in taxable value of all other property [and the tax rate that |
---|
1082 | 1082 | | is adopted]. The change in the taxable value of your property in |
---|
1083 | 1083 | | relation to the change in the taxable value of all other property |
---|
1084 | 1084 | | determines the distribution of the tax burden among all property |
---|
1085 | 1085 | | owners. |
---|
1086 | 1086 | | "The first public hearing will be held on (date and time) at |
---|
1087 | 1087 | | (meeting place). |
---|
1088 | 1088 | | "The second public hearing will be held on (date and time) at |
---|
1089 | 1089 | | (meeting place). |
---|
1090 | 1090 | | "(Names of all members of the governing body, showing how |
---|
1091 | 1091 | | each voted on the proposal to consider the tax increase or, if one |
---|
1092 | 1092 | | or more were absent, indicating the absences.) |
---|
1093 | 1093 | | "The average taxable value of a residence homestead in (name |
---|
1094 | 1094 | | of taxing unit) last year was $____ (average taxable value of a |
---|
1095 | 1095 | | residence homestead in the taxing unit for the preceding tax year, |
---|
1096 | 1096 | | disregarding residence homestead exemptions available only to |
---|
1097 | 1097 | | disabled persons or persons 65 years of age or older). Based on |
---|
1098 | 1098 | | last year's tax rate of $____ (preceding year's adopted tax rate) |
---|
1099 | 1099 | | per $100 of taxable value, the amount of taxes imposed last year on |
---|
1100 | 1100 | | the average home was $____ (tax on average taxable value of a |
---|
1101 | 1101 | | residence homestead in the taxing unit for the preceding tax year, |
---|
1102 | 1102 | | disregarding residence homestead exemptions available only to |
---|
1103 | 1103 | | disabled persons or persons 65 years of age or older). |
---|
1104 | 1104 | | "The average taxable value of a residence homestead in (name |
---|
1105 | 1105 | | of taxing unit) this year is $____ (average taxable value of a |
---|
1106 | 1106 | | residence homestead in the taxing unit for the current tax year, |
---|
1107 | 1107 | | disregarding residence homestead exemptions available only to |
---|
1108 | 1108 | | disabled persons or persons 65 years of age or older). If the |
---|
1109 | 1109 | | governing body adopts the no-new-revenue [effective] tax rate for |
---|
1110 | 1110 | | this year of $____ (no-new-revenue [effective] tax rate) per $100 |
---|
1111 | 1111 | | of taxable value, the amount of taxes imposed this year on the |
---|
1112 | 1112 | | average home would be $____ (tax on average taxable value of a |
---|
1113 | 1113 | | residence homestead in the taxing unit for the current tax year, |
---|
1114 | 1114 | | disregarding residence homestead exemptions available only to |
---|
1115 | 1115 | | disabled persons or persons 65 years of age or older). |
---|
1116 | 1116 | | "If the governing body adopts the proposed tax rate of $____ |
---|
1117 | 1117 | | (proposed tax rate) per $100 of taxable value, the amount of taxes |
---|
1118 | 1118 | | imposed this year on the average home would be $____ (tax on the |
---|
1119 | 1119 | | average taxable value of a residence in the taxing unit for the |
---|
1120 | 1120 | | current year disregarding residence homestead exemptions available |
---|
1121 | 1121 | | only to disabled persons or persons 65 years of age or older). |
---|
1122 | 1122 | | "Members of the public are encouraged to attend the hearings |
---|
1123 | 1123 | | and express their views." |
---|
1124 | 1124 | | (c) The notice of a public hearing under this section may be |
---|
1125 | 1125 | | delivered by mail to each property owner in the unit, or may be |
---|
1126 | 1126 | | published in a newspaper. If the notice is published in a |
---|
1127 | 1127 | | newspaper, it may not be in the part of the paper in which legal |
---|
1128 | 1128 | | notices and classified advertisements appear. If the taxing unit |
---|
1129 | 1129 | | operates an Internet website, the notice must also be posted |
---|
1130 | 1130 | | prominently on the home page of the website from the date the notice |
---|
1131 | 1131 | | is first published until the second public hearing is concluded. |
---|
1132 | 1132 | | (d) At the public hearings the governing body shall announce |
---|
1133 | 1133 | | the date, time, and place of the meeting at which it will vote on the |
---|
1134 | 1134 | | proposed tax rate. After each hearing the governing body shall give |
---|
1135 | 1135 | | notice of the meeting at which it will vote on the proposed tax rate |
---|
1136 | 1136 | | and the notice shall be in the same form as prescribed by |
---|
1137 | 1137 | | Subsections (b) and (c), except that it must state the following: |
---|
1138 | 1138 | | "NOTICE OF TAX REVENUE INCREASE |
---|
1139 | 1139 | | "The (name of the taxing unit) conducted public hearings on |
---|
1140 | 1140 | | (date of first hearing) and (date of second hearing) on a proposal |
---|
1141 | 1141 | | to increase the total tax revenues of the (name of the taxing unit) |
---|
1142 | 1142 | | from properties on the tax roll in the preceding year by (percentage |
---|
1143 | 1143 | | by which proposed tax rate exceeds lower of rollback tax rate or |
---|
1144 | 1144 | | no-new-revenue [effective] tax rate calculated under this chapter) |
---|
1145 | 1145 | | percent. |
---|
1146 | 1146 | | "The total tax revenue proposed to be raised last year at last |
---|
1147 | 1147 | | year's tax rate of (insert tax rate for the preceding year) for each |
---|
1148 | 1148 | | $100 of taxable value was (insert total amount of taxes imposed in |
---|
1149 | 1149 | | the preceding year). |
---|
1150 | 1150 | | "The total tax revenue proposed to be raised this year at the |
---|
1151 | 1151 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
1152 | 1152 | | taxable value, excluding tax revenue to be raised from new property |
---|
1153 | 1153 | | added to the tax roll this year, is (insert amount computed by |
---|
1154 | 1154 | | multiplying proposed tax rate by the difference between current |
---|
1155 | 1155 | | total value and new property value). |
---|
1156 | 1156 | | "The total tax revenue proposed to be raised this year at the |
---|
1157 | 1157 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
1158 | 1158 | | taxable value, including tax revenue to be raised from new property |
---|
1159 | 1159 | | added to the tax roll this year, is (insert amount computed by |
---|
1160 | 1160 | | multiplying proposed tax rate by current total value). |
---|
1161 | 1161 | | "The (governing body of the taxing unit) is scheduled to vote |
---|
1162 | 1162 | | on the tax rate that will result in that tax increase at a public |
---|
1163 | 1163 | | meeting to be held on (date of meeting) at (location of meeting, |
---|
1164 | 1164 | | including mailing address) at (time of meeting). |
---|
1165 | 1165 | | "The (governing body of the taxing unit) proposes to use the |
---|
1166 | 1166 | | increase in total tax revenue for the purpose of (description of |
---|
1167 | 1167 | | purpose of increase)." |
---|
1168 | 1168 | | (e) The meeting to vote on the tax increase may not be |
---|
1169 | 1169 | | earlier than the third day or later than the 14th day after the date |
---|
1170 | 1170 | | of the second public hearing. The meeting must be held inside the |
---|
1171 | 1171 | | boundaries of the taxing unit in a publicly owned building or, if a |
---|
1172 | 1172 | | suitable publicly owned building is not available, in a suitable |
---|
1173 | 1173 | | building to which the public normally has access. If the governing |
---|
1174 | 1174 | | body does not adopt a tax rate that exceeds the lower of the |
---|
1175 | 1175 | | rollback tax rate or the no-new-revenue [effective] tax rate by the |
---|
1176 | 1176 | | 14th day, it must give a new notice under Subsection (d) before it |
---|
1177 | 1177 | | may adopt a rate that exceeds the lower of the rollback tax rate or |
---|
1178 | 1178 | | the no-new-revenue [effective] tax rate. |
---|
1179 | 1179 | | SECTION 2.29. Section 26.065(b), Tax Code, is amended to |
---|
1180 | 1180 | | read as follows: |
---|
1181 | 1181 | | (b) If the taxing unit owns, operates, or controls an |
---|
1182 | 1182 | | Internet website, the unit shall post notice of the public hearing |
---|
1183 | 1183 | | prominently on the home page of the website continuously for at |
---|
1184 | 1184 | | least seven days immediately before the public hearing on the |
---|
1185 | 1185 | | proposed tax rate increase and at least seven days immediately |
---|
1186 | 1186 | | before the date of the vote proposing the increase in the tax rate. |
---|
1187 | 1187 | | SECTION 2.30. Sections 26.08(g), (n), and (p), Tax Code, |
---|
1188 | 1188 | | are amended to read as follows: |
---|
1189 | 1189 | | (g) In a school district that received distributions from an |
---|
1190 | 1190 | | equalization tax imposed under former Chapter 18, Education Code, |
---|
1191 | 1191 | | the no-new-revenue [effective] rate of that tax as of the date of |
---|
1192 | 1192 | | the county unit system's abolition is added to the district's |
---|
1193 | 1193 | | rollback tax rate. |
---|
1194 | 1194 | | (n) For purposes of this section, the rollback tax rate of a |
---|
1195 | 1195 | | school district whose maintenance and operations tax rate for the |
---|
1196 | 1196 | | 2005 tax year was $1.50 or less per $100 of taxable value is: |
---|
1197 | 1197 | | (1) for the 2006 tax year, the sum of the rate that is |
---|
1198 | 1198 | | equal to 88.67 percent of the maintenance and operations tax rate |
---|
1199 | 1199 | | adopted by the district for the 2005 tax year, the rate of $0.04 per |
---|
1200 | 1200 | | $100 of taxable value, and the district's current debt rate; and |
---|
1201 | 1201 | | (2) for the 2007 and subsequent tax years, the lesser |
---|
1202 | 1202 | | of the following: |
---|
1203 | 1203 | | (A) the sum of the following: |
---|
1204 | 1204 | | (i) the rate per $100 of taxable value that |
---|
1205 | 1205 | | is equal to the product of the state compression percentage, as |
---|
1206 | 1206 | | determined under Section 42.2516, Education Code, for the current |
---|
1207 | 1207 | | year and $1.50; |
---|
1208 | 1208 | | (ii) the rate of $0.04 per $100 of taxable |
---|
1209 | 1209 | | value; |
---|
1210 | 1210 | | (iii) the rate that is equal to the sum of |
---|
1211 | 1211 | | the differences for the 2006 and each subsequent tax year between |
---|
1212 | 1212 | | the adopted tax rate of the district for that year if the rate was |
---|
1213 | 1213 | | approved at an election under this section and the rollback tax rate |
---|
1214 | 1214 | | of the district for that year; and |
---|
1215 | 1215 | | (iv) the district's current debt rate; or |
---|
1216 | 1216 | | (B) the sum of the following: |
---|
1217 | 1217 | | (i) the no-new-revenue [effective] |
---|
1218 | 1218 | | maintenance and operations tax rate of the district as computed |
---|
1219 | 1219 | | under Subsection (i) [or (k), as applicable]; |
---|
1220 | 1220 | | (ii) the rate per $100 of taxable value that |
---|
1221 | 1221 | | is equal to the product of the state compression percentage, as |
---|
1222 | 1222 | | determined under Section 42.2516, Education Code, for the current |
---|
1223 | 1223 | | year and $0.06; and |
---|
1224 | 1224 | | (iii) the district's current debt rate. |
---|
1225 | 1225 | | (p) Notwithstanding Subsections (i), (n), and (o), if for |
---|
1226 | 1226 | | the preceding tax year a school district adopted a maintenance and |
---|
1227 | 1227 | | operations tax rate that was less than the district's |
---|
1228 | 1228 | | no-new-revenue [effective] maintenance and operations tax rate for |
---|
1229 | 1229 | | that preceding tax year, the rollback tax rate of the district for |
---|
1230 | 1230 | | the current tax year is calculated as if the district adopted a |
---|
1231 | 1231 | | maintenance and operations tax rate for the preceding tax year that |
---|
1232 | 1232 | | was equal to the district's no-new-revenue [effective] maintenance |
---|
1233 | 1233 | | and operations tax rate for that preceding tax year. |
---|
1234 | 1234 | | SECTION 2.31. Section 26.08(i), Tax Code, as effective |
---|
1235 | 1235 | | September 1, 2017, is amended to read as follows: |
---|
1236 | 1236 | | (i) For purposes of this section, the no-new-revenue |
---|
1237 | 1237 | | [effective] maintenance and operations tax rate of a school |
---|
1238 | 1238 | | district is the tax rate that, applied to the current total value |
---|
1239 | 1239 | | for the district, would impose taxes in an amount that, when added |
---|
1240 | 1240 | | to state funds that would be distributed to the district under |
---|
1241 | 1241 | | Chapter 42, Education Code, for the school year beginning in the |
---|
1242 | 1242 | | current tax year using that tax rate, would provide the same amount |
---|
1243 | 1243 | | of state funds distributed under Chapter 42, Education Code, and |
---|
1244 | 1244 | | maintenance and operations taxes of the district per student in |
---|
1245 | 1245 | | weighted average daily attendance for that school year that would |
---|
1246 | 1246 | | have been available to the district in the preceding year if the |
---|
1247 | 1247 | | funding elements for Chapters 41 and 42, Education Code, for the |
---|
1248 | 1248 | | current year had been in effect for the preceding year. |
---|
1249 | 1249 | | SECTION 2.32. Section 26.16, Tax Code, is amended by |
---|
1250 | 1250 | | amending Subsections (a) and (d) and adding Subsection (a-1) to |
---|
1251 | 1251 | | read as follows: |
---|
1252 | 1252 | | (a) The county assessor-collector for each county that |
---|
1253 | 1253 | | maintains an Internet website shall post on the website of the |
---|
1254 | 1254 | | county the following information for the most recent five tax years |
---|
1255 | 1255 | | beginning with the 2012 tax year for each taxing unit all or part of |
---|
1256 | 1256 | | the territory of which is located in the county: |
---|
1257 | 1257 | | (1) the adopted tax rate; |
---|
1258 | 1258 | | (2) the maintenance and operations rate; |
---|
1259 | 1259 | | (3) the debt rate; |
---|
1260 | 1260 | | (4) the no-new-revenue [effective] tax rate; |
---|
1261 | 1261 | | (5) the no-new-revenue [effective] maintenance and |
---|
1262 | 1262 | | operations rate; and |
---|
1263 | 1263 | | (6) the rollback tax rate. |
---|
1264 | 1264 | | (a-1) For purposes of Subsection (a), a reference to the |
---|
1265 | 1265 | | no-new-revenue tax rate or the no-new-revenue maintenance and |
---|
1266 | 1266 | | operations rate includes the equivalent effective tax rate or |
---|
1267 | 1267 | | effective maintenance and operations rate for a preceding year. |
---|
1268 | 1268 | | This subsection expires January 1, 2024. |
---|
1269 | 1269 | | (d) The county assessor-collector shall post immediately |
---|
1270 | 1270 | | below the table prescribed by Subsection (c) the following |
---|
1271 | 1271 | | statement: |
---|
1272 | 1272 | | "The county is providing this table of property tax rate |
---|
1273 | 1273 | | information as a service to the residents of the county. Each |
---|
1274 | 1274 | | individual taxing unit is responsible for calculating the property |
---|
1275 | 1275 | | tax rates listed in this table pertaining to that taxing unit and |
---|
1276 | 1276 | | providing that information to the county. |
---|
1277 | 1277 | | "The adopted tax rate is the tax rate adopted by the governing |
---|
1278 | 1278 | | body of a taxing unit. |
---|
1279 | 1279 | | "The maintenance and operations rate is the component of the |
---|
1280 | 1280 | | adopted tax rate of a taxing unit that will impose the amount of |
---|
1281 | 1281 | | taxes needed to fund maintenance and operation expenditures of the |
---|
1282 | 1282 | | unit for the following year. |
---|
1283 | 1283 | | "The debt rate is the component of the adopted tax rate of a |
---|
1284 | 1284 | | taxing unit that will impose the amount of taxes needed to fund the |
---|
1285 | 1285 | | unit's debt service for the following year. |
---|
1286 | 1286 | | "The no-new-revenue [effective] tax rate is the tax rate that |
---|
1287 | 1287 | | would generate the same amount of revenue in the current tax year as |
---|
1288 | 1288 | | was generated by a taxing unit's adopted tax rate in the preceding |
---|
1289 | 1289 | | tax year from property that is taxable in both the current tax year |
---|
1290 | 1290 | | and the preceding tax year. |
---|
1291 | 1291 | | "The no-new-revenue [effective] maintenance and operations |
---|
1292 | 1292 | | rate is the tax rate that would generate the same amount of revenue |
---|
1293 | 1293 | | for maintenance and operations in the current tax year as was |
---|
1294 | 1294 | | generated by a taxing unit's maintenance and operations rate in the |
---|
1295 | 1295 | | preceding tax year from property that is taxable in both the current |
---|
1296 | 1296 | | tax year and the preceding tax year. |
---|
1297 | 1297 | | "The rollback tax rate is the highest tax rate a taxing unit |
---|
1298 | 1298 | | may adopt before requiring voter approval at an election. In the |
---|
1299 | 1299 | | case of a taxing unit other than a school district, the voters by |
---|
1300 | 1300 | | petition may require that a rollback election be held if the unit |
---|
1301 | 1301 | | adopts a tax rate in excess of the unit's rollback tax rate. In the |
---|
1302 | 1302 | | case of a school district, an election will automatically be held if |
---|
1303 | 1303 | | the district wishes to adopt a tax rate in excess of the district's |
---|
1304 | 1304 | | rollback tax rate." |
---|
1305 | 1305 | | SECTION 2.33. Chapter 26, Tax Code, is amended by adding |
---|
1306 | 1306 | | Sections 26.17 and 26.18 to read as follows: |
---|
1307 | 1307 | | Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION. |
---|
1308 | 1308 | | (a) The chief appraiser of each appraisal district shall create and |
---|
1309 | 1309 | | maintain a property tax database that: |
---|
1310 | 1310 | | (1) is identified by the name of the county in which |
---|
1311 | 1311 | | the appraisal district is established instead of the name of the |
---|
1312 | 1312 | | appraisal district; |
---|
1313 | 1313 | | (2) contains information that is provided by |
---|
1314 | 1314 | | designated officers or employees of the taxing units that are |
---|
1315 | 1315 | | located in the appraisal district in the manner required by rules |
---|
1316 | 1316 | | adopted by the comptroller; |
---|
1317 | 1317 | | (3) is continuously updated as preliminary and revised |
---|
1318 | 1318 | | data become available to and are provided by the designated |
---|
1319 | 1319 | | officers or employees of taxing units; |
---|
1320 | 1320 | | (4) is accessible to the public; and |
---|
1321 | 1321 | | (5) is searchable by property address and owner. |
---|
1322 | 1322 | | (b) The database must include, with respect to each property |
---|
1323 | 1323 | | listed on the appraisal roll for the appraisal district: |
---|
1324 | 1324 | | (1) the property's identification number; |
---|
1325 | 1325 | | (2) the property's market value; |
---|
1326 | 1326 | | (3) the property's taxable value; |
---|
1327 | 1327 | | (4) the name of each taxing unit in which the property |
---|
1328 | 1328 | | is located; |
---|
1329 | 1329 | | (5) for each taxing unit other than a school district |
---|
1330 | 1330 | | in which the property is located: |
---|
1331 | 1331 | | (A) the no-new-revenue tax rate; and |
---|
1332 | 1332 | | (B) the rollback tax rate; |
---|
1333 | 1333 | | (6) for each school district in which the property is |
---|
1334 | 1334 | | located: |
---|
1335 | 1335 | | (A) the rate to maintain the same amount of state |
---|
1336 | 1336 | | and local revenue per weighted student that the district received |
---|
1337 | 1337 | | in the school year beginning in the preceding tax year; and |
---|
1338 | 1338 | | (B) the rollback tax rate; |
---|
1339 | 1339 | | (7) the tax rate proposed by the governing body of each |
---|
1340 | 1340 | | taxing unit in which the property is located; |
---|
1341 | 1341 | | (8) for each taxing unit other than a school district |
---|
1342 | 1342 | | in which the property is located, the taxes that would be imposed on |
---|
1343 | 1343 | | the property if the unit adopted a tax rate equal to: |
---|
1344 | 1344 | | (A) the no-new-revenue tax rate; and |
---|
1345 | 1345 | | (B) the proposed tax rate; |
---|
1346 | 1346 | | (9) for each school district in which the property is |
---|
1347 | 1347 | | located, the taxes that would be imposed on the property if the |
---|
1348 | 1348 | | district adopted a tax rate equal to: |
---|
1349 | 1349 | | (A) the rate to maintain the same amount of state |
---|
1350 | 1350 | | and local revenue per weighted student that the district received |
---|
1351 | 1351 | | in the school year beginning in the preceding tax year; and |
---|
1352 | 1352 | | (B) the proposed tax rate; |
---|
1353 | 1353 | | (10) for each taxing unit other than a school district |
---|
1354 | 1354 | | in which the property is located, the difference between the amount |
---|
1355 | 1355 | | calculated under Subdivision (8)(A) and the amount calculated under |
---|
1356 | 1356 | | Subdivision (8)(B); |
---|
1357 | 1357 | | (11) for each school district in which the property is |
---|
1358 | 1358 | | located, the difference between the amount calculated under |
---|
1359 | 1359 | | Subdivision (9)(A) and the amount calculated under Subdivision |
---|
1360 | 1360 | | (9)(B); |
---|
1361 | 1361 | | (12) the date and location of each public hearing, if |
---|
1362 | 1362 | | applicable, on the proposed tax rate to be held by the governing |
---|
1363 | 1363 | | body of each taxing unit in which the property is located; and |
---|
1364 | 1364 | | (13) the date and location of the public meeting at |
---|
1365 | 1365 | | which the tax rate will be adopted to be held by the governing body |
---|
1366 | 1366 | | of each taxing unit in which the property is located. |
---|
1367 | 1367 | | (c) The database must provide a link to the Internet website |
---|
1368 | 1368 | | used by each taxing unit in which the property is located to post |
---|
1369 | 1369 | | the information described by Section 26.18. |
---|
1370 | 1370 | | (d) The officer or employee designated by the governing body |
---|
1371 | 1371 | | of each taxing unit to calculate the no-new-revenue tax rate and the |
---|
1372 | 1372 | | rollback tax rate for the unit must electronically: |
---|
1373 | 1373 | | (1) enter in the database the information described by |
---|
1374 | 1374 | | Subsection (b) as the information becomes available; and |
---|
1375 | 1375 | | (2) submit to the appraisal district the tax rate |
---|
1376 | 1376 | | calculation forms prepared under Section 26.04(d-1) at the same |
---|
1377 | 1377 | | time the designated officer or employee submits the tax rates to the |
---|
1378 | 1378 | | governing body of the unit under Section 26.04(e). |
---|
1379 | 1379 | | (e) The chief appraiser shall deliver by e-mail to the |
---|
1380 | 1380 | | designated officer or employee confirmation of receipt of the tax |
---|
1381 | 1381 | | rate calculation forms submitted under Subsection (d)(2). The |
---|
1382 | 1382 | | chief appraiser shall incorporate the forms into the database and |
---|
1383 | 1383 | | make them available to the public not later than the third day after |
---|
1384 | 1384 | | the date the chief appraiser receives them. |
---|
1385 | 1385 | | Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
---|
1386 | 1386 | | TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
---|
1387 | 1387 | | website or have access to a generally accessible Internet website |
---|
1388 | 1388 | | that may be used for the purposes of this section. Each taxing unit |
---|
1389 | 1389 | | shall post or cause to be posted on the Internet website the |
---|
1390 | 1390 | | following information in a format prescribed by the comptroller: |
---|
1391 | 1391 | | (1) the name of each member of the governing body of |
---|
1392 | 1392 | | the taxing unit; |
---|
1393 | 1393 | | (2) the mailing address, e-mail address, and telephone |
---|
1394 | 1394 | | number of the taxing unit; |
---|
1395 | 1395 | | (3) the official contact information for each member |
---|
1396 | 1396 | | of the governing body of the taxing unit, if that information is |
---|
1397 | 1397 | | different from the information described by Subdivision (2); |
---|
1398 | 1398 | | (4) the taxing unit's budget for the preceding two |
---|
1399 | 1399 | | years; |
---|
1400 | 1400 | | (5) the taxing unit's proposed or adopted budget for |
---|
1401 | 1401 | | the current year; |
---|
1402 | 1402 | | (6) the change in the amount of the taxing unit's |
---|
1403 | 1403 | | budget from the preceding year to the current year, by dollar amount |
---|
1404 | 1404 | | and percentage; |
---|
1405 | 1405 | | (7) in the case of a taxing unit other than a school |
---|
1406 | 1406 | | district, the amount of property tax revenue budgeted for |
---|
1407 | 1407 | | maintenance and operations for: |
---|
1408 | 1408 | | (A) the preceding two years; and |
---|
1409 | 1409 | | (B) the current year; |
---|
1410 | 1410 | | (8) in the case of a taxing unit other than a school |
---|
1411 | 1411 | | district, the amount of property tax revenue budgeted for debt |
---|
1412 | 1412 | | service for: |
---|
1413 | 1413 | | (A) the preceding two years; and |
---|
1414 | 1414 | | (B) the current year; |
---|
1415 | 1415 | | (9) the tax rate for maintenance and operations |
---|
1416 | 1416 | | adopted by the taxing unit for the preceding two years; |
---|
1417 | 1417 | | (10) in the case of a taxing unit other than a school |
---|
1418 | 1418 | | district, the tax rate for debt service adopted by the unit for the |
---|
1419 | 1419 | | preceding two years; |
---|
1420 | 1420 | | (11) in the case of a school district, the interest and |
---|
1421 | 1421 | | sinking fund tax rate adopted by the district for the preceding two |
---|
1422 | 1422 | | years; |
---|
1423 | 1423 | | (12) the tax rate for maintenance and operations |
---|
1424 | 1424 | | proposed by the taxing unit for the current year; |
---|
1425 | 1425 | | (13) in the case of a taxing unit other than a school |
---|
1426 | 1426 | | district, the tax rate for debt service proposed by the unit for the |
---|
1427 | 1427 | | current year; |
---|
1428 | 1428 | | (14) in the case of a school district, the interest and |
---|
1429 | 1429 | | sinking fund tax rate proposed by the district for the current year; |
---|
1430 | 1430 | | and |
---|
1431 | 1431 | | (15) the most recent financial audit of the taxing |
---|
1432 | 1432 | | unit. |
---|
1433 | 1433 | | SECTION 2.34. Section 41.03(a), Tax Code, is amended to |
---|
1434 | 1434 | | read as follows: |
---|
1435 | 1435 | | (a) A taxing unit is entitled to challenge before the |
---|
1436 | 1436 | | appraisal review board: |
---|
1437 | 1437 | | (1) [the level of appraisals of any category of |
---|
1438 | 1438 | | property in the district or in any territory in the district, but |
---|
1439 | 1439 | | not the appraised value of a single taxpayer's property; |
---|
1440 | 1440 | | [(2)] an exclusion of property from the appraisal |
---|
1441 | 1441 | | records; |
---|
1442 | 1442 | | (2) [(3)] a grant in whole or in part of a partial |
---|
1443 | 1443 | | exemption; |
---|
1444 | 1444 | | (3) [(4)] a determination that land qualifies for |
---|
1445 | 1445 | | appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or |
---|
1446 | 1446 | | (4) [(5)] failure to identify the taxing unit as one |
---|
1447 | 1447 | | in which a particular property is taxable. |
---|
1448 | 1448 | | SECTION 2.35. Section 41.44(d), Tax Code, is amended to |
---|
1449 | 1449 | | read as follows: |
---|
1450 | 1450 | | (d) A notice of protest is sufficient if it identifies the |
---|
1451 | 1451 | | protesting property owner, including a person claiming an ownership |
---|
1452 | 1452 | | interest in the property even if that person is not listed on the |
---|
1453 | 1453 | | appraisal records as an owner of the property, identifies the |
---|
1454 | 1454 | | property that is the subject of the protest, and indicates apparent |
---|
1455 | 1455 | | dissatisfaction with some determination of the appraisal office. |
---|
1456 | 1456 | | The notice need not be on an official form, but the comptroller |
---|
1457 | 1457 | | shall prescribe a form that provides for more detail about the |
---|
1458 | 1458 | | nature of the protest. The form must permit a property owner to |
---|
1459 | 1459 | | include each property in the appraisal district that is the subject |
---|
1460 | 1460 | | of a protest. The form must permit a property owner to request that |
---|
1461 | 1461 | | the protest be heard by a special panel established under Section |
---|
1462 | 1462 | | 6.425 if the protest will be determined by an appraisal review board |
---|
1463 | 1463 | | to which that section applies and the property is described by |
---|
1464 | 1464 | | Section 6.425(b). The comptroller, each appraisal office, and each |
---|
1465 | 1465 | | appraisal review board shall make the forms readily available and |
---|
1466 | 1466 | | deliver one to a property owner on request. |
---|
1467 | 1467 | | SECTION 2.36. Section 41.45, Tax Code, is amended by |
---|
1468 | 1468 | | amending Subsection (d) and adding Subsections (d-1), (d-2), and |
---|
1469 | 1469 | | (d-3) to read as follows: |
---|
1470 | 1470 | | (d) This subsection does not apply to a special panel |
---|
1471 | 1471 | | established under Section 6.425. An appraisal review board |
---|
1472 | 1472 | | consisting of more than three members may sit in panels of not fewer |
---|
1473 | 1473 | | than three members to conduct protest hearings. [However, the |
---|
1474 | 1474 | | determination of a protest heard by a panel must be made by the |
---|
1475 | 1475 | | board.] If the recommendation of a panel is not accepted by the |
---|
1476 | 1476 | | board, the board may refer the matter for rehearing to a panel |
---|
1477 | 1477 | | composed of members who did not hear the original protest [hearing] |
---|
1478 | 1478 | | or, if there are not at least three members who did not hear the |
---|
1479 | 1479 | | original protest, the board may determine the protest. [Before |
---|
1480 | 1480 | | determining a protest or conducting a rehearing before a new panel |
---|
1481 | 1481 | | or the board, the board shall deliver notice of the hearing or |
---|
1482 | 1482 | | meeting to determine the protest in accordance with the provisions |
---|
1483 | 1483 | | of this subchapter.] |
---|
1484 | 1484 | | (d-1) An appraisal review board to which Section 6.425 |
---|
1485 | 1485 | | applies shall sit in special panels established under that section |
---|
1486 | 1486 | | to conduct protest hearings. A special panel may conduct a protest |
---|
1487 | 1487 | | hearing relating to property only if the property is described by |
---|
1488 | 1488 | | Section 6.425(b) and the property owner has requested that a |
---|
1489 | 1489 | | special panel conduct the hearing or if the protest is assigned to |
---|
1490 | 1490 | | the special panel under Section 6.425(f). If the recommendation of |
---|
1491 | 1491 | | a special panel is not accepted by the board, the board may refer |
---|
1492 | 1492 | | the matter for rehearing to another special panel composed of |
---|
1493 | 1493 | | members who did not hear the original protest or, if there are not |
---|
1494 | 1494 | | at least three other special panel members who did not hear the |
---|
1495 | 1495 | | original protest, the board may determine the protest. |
---|
1496 | 1496 | | (d-2) The determination of a protest heard by a panel under |
---|
1497 | 1497 | | Subsection (d) or (d-1) must be made by the board. |
---|
1498 | 1498 | | (d-3) The board must deliver notice of a hearing or meeting |
---|
1499 | 1499 | | to determine a protest heard by a panel, or to rehear a protest, |
---|
1500 | 1500 | | under Subsection (d) or (d-1) in accordance with the provisions of |
---|
1501 | 1501 | | this subchapter. |
---|
1502 | 1502 | | SECTION 2.37. Section 41.46(a), Tax Code, is amended to |
---|
1503 | 1503 | | read as follows: |
---|
1504 | 1504 | | (a) The appraisal review board before which a protest |
---|
1505 | 1505 | | hearing is scheduled shall deliver written notice to the property |
---|
1506 | 1506 | | owner initiating a protest of the date, time, [and] place, and |
---|
1507 | 1507 | | subject matter of [fixed for] the hearing on the protest and of the |
---|
1508 | 1508 | | property owner's entitlement to a postponement of the hearing as |
---|
1509 | 1509 | | provided by Section 41.45 unless the property owner waives in |
---|
1510 | 1510 | | writing notice of the hearing. The board shall deliver the notice |
---|
1511 | 1511 | | not later than the 15th day before the date of the hearing. |
---|
1512 | 1512 | | SECTION 2.38. Section 41.461, Tax Code, is amended to read |
---|
1513 | 1513 | | as follows: |
---|
1514 | 1514 | | Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING; |
---|
1515 | 1515 | | DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before the |
---|
1516 | 1516 | | first scheduled [a] hearing on a protest, the chief appraiser |
---|
1517 | 1517 | | shall: |
---|
1518 | 1518 | | (1) deliver a copy of the pamphlet prepared by the |
---|
1519 | 1519 | | comptroller under Section 5.06 [5.06(a)] to the property owner |
---|
1520 | 1520 | | initiating the protest if the owner is representing himself, or to |
---|
1521 | 1521 | | an agent representing the owner if requested by the agent; |
---|
1522 | 1522 | | (2) inform the property owner that the owner or the |
---|
1523 | 1523 | | agent of the owner is entitled on request to [may inspect and may |
---|
1524 | 1524 | | obtain] a copy of the data, schedules, formulas, and all other |
---|
1525 | 1525 | | information the chief appraiser will [plans to] introduce at the |
---|
1526 | 1526 | | hearing to establish any matter at issue; and |
---|
1527 | 1527 | | (3) deliver a copy of the hearing procedures |
---|
1528 | 1528 | | established by the appraisal review board under Section 41.66 to |
---|
1529 | 1529 | | the property owner. |
---|
1530 | 1530 | | (b) The chief appraiser may not charge a property owner or |
---|
1531 | 1531 | | the designated agent of the owner for copies provided to the [an] |
---|
1532 | 1532 | | owner or designated agent under this section, regardless of the |
---|
1533 | 1533 | | manner in which the copies are prepared or delivered [may not exceed |
---|
1534 | 1534 | | the charge for copies of public information as provided under |
---|
1535 | 1535 | | Subchapter F, Chapter 552, Government Code, except: |
---|
1536 | 1536 | | [(1) the total charge for copies provided in |
---|
1537 | 1537 | | connection with a protest of the appraisal of residential property |
---|
1538 | 1538 | | may not exceed $15 for each residence; and |
---|
1539 | 1539 | | [(2) the total charge for copies provided in |
---|
1540 | 1540 | | connection with a protest of the appraisal of a single unit of |
---|
1541 | 1541 | | property subject to appraisal, other than residential property, may |
---|
1542 | 1542 | | not exceed $25]. |
---|
1543 | 1543 | | (c) A chief appraiser must deliver information requested by |
---|
1544 | 1544 | | a property owner or the agent of the owner under Subsection (a)(2): |
---|
1545 | 1545 | | (1) by regular first-class mail; |
---|
1546 | 1546 | | (2) in an electronic format as provided by an |
---|
1547 | 1547 | | agreement under Section 1.085; or |
---|
1548 | 1548 | | (3) subject to Subsection (d), by referring the |
---|
1549 | 1549 | | property owner or the agent of the owner to the exact Internet |
---|
1550 | 1550 | | location or uniform resource locator (URL) address on an Internet |
---|
1551 | 1551 | | website maintained by the appraisal district on which the requested |
---|
1552 | 1552 | | information is identifiable and readily available. |
---|
1553 | 1553 | | (d) If a chief appraiser provides a property owner or the |
---|
1554 | 1554 | | agent of the owner the Internet location or address of information |
---|
1555 | 1555 | | under Subsection (c)(3), the notice must contain a statement in a |
---|
1556 | 1556 | | conspicuous font that clearly indicates that the property owner or |
---|
1557 | 1557 | | the agent of the owner may on request receive the information by |
---|
1558 | 1558 | | regular first-class mail. On request by a property owner or the |
---|
1559 | 1559 | | agent of the owner, the chief appraiser must provide the |
---|
1560 | 1560 | | information by regular first-class mail. |
---|
1561 | 1561 | | SECTION 2.39. Section 41.47, Tax Code, is amended by adding |
---|
1562 | 1562 | | Subsections (c-2) and (f) and amending Subsections (d) and (e) to |
---|
1563 | 1563 | | read as follows: |
---|
1564 | 1564 | | (c-2) The board may not determine the appraised value of the |
---|
1565 | 1565 | | property that is the subject of a protest to be an amount greater |
---|
1566 | 1566 | | than the appraised value of the property as shown in the appraisal |
---|
1567 | 1567 | | records submitted to the board by the chief appraiser under Section |
---|
1568 | 1568 | | 25.22 or 25.23. |
---|
1569 | 1569 | | (d) The board shall deliver by certified mail: |
---|
1570 | 1570 | | (1) a notice of issuance of the order and a copy of the |
---|
1571 | 1571 | | order to the property owner and the chief appraiser; and |
---|
1572 | 1572 | | (2) a copy of the appraisal review board survey form |
---|
1573 | 1573 | | prepared under Section 5.104 and instructions for completing and |
---|
1574 | 1574 | | submitting the form to the property owner. |
---|
1575 | 1575 | | (e) The notice of the issuance of the order must contain a |
---|
1576 | 1576 | | prominently printed statement in upper-case bold lettering |
---|
1577 | 1577 | | informing the property owner in clear and concise language of the |
---|
1578 | 1578 | | property owner's right to appeal the order of the board [board's |
---|
1579 | 1579 | | decision] to district court. The statement must describe the |
---|
1580 | 1580 | | deadline prescribed by Section 42.06(a) [of this code] for filing a |
---|
1581 | 1581 | | written notice of appeal[,] and the deadline prescribed by Section |
---|
1582 | 1582 | | 42.21(a) [of this code] for filing the petition for review with the |
---|
1583 | 1583 | | district court. |
---|
1584 | 1584 | | (f) The appraisal review board shall take the actions |
---|
1585 | 1585 | | required by Subsections (a) and (d) not later than the 15th day |
---|
1586 | 1586 | | after the date the hearing on the protest is concluded. |
---|
1587 | 1587 | | SECTION 2.40. Section 41.66, Tax Code, is amended by |
---|
1588 | 1588 | | amending Subsections (h), (i), (j), and (k) and adding Subsections |
---|
1589 | 1589 | | (j-1), (k-1), and (p) to read as follows: |
---|
1590 | 1590 | | (h) The appraisal review board shall postpone a hearing on a |
---|
1591 | 1591 | | protest if the property owner or the designated agent of the owner |
---|
1592 | 1592 | | requests additional time to prepare for the hearing and establishes |
---|
1593 | 1593 | | to the board that the chief appraiser failed to comply with Section |
---|
1594 | 1594 | | 41.461. The board is not required to postpone a hearing more than |
---|
1595 | 1595 | | one time under this subsection. |
---|
1596 | 1596 | | (i) A hearing on a protest filed by a property owner or the |
---|
1597 | 1597 | | designated agent of the owner [who is not represented by an agent |
---|
1598 | 1598 | | designated under Section 1.111] shall be set for a time and date |
---|
1599 | 1599 | | certain. If the hearing is not commenced within two hours of the |
---|
1600 | 1600 | | time set for the hearing, the appraisal review board shall postpone |
---|
1601 | 1601 | | the hearing on the request of the property owner or the designated |
---|
1602 | 1602 | | agent of the owner. |
---|
1603 | 1603 | | (j) On the request of a property owner or the [a] designated |
---|
1604 | 1604 | | agent of the owner, an appraisal review board shall schedule |
---|
1605 | 1605 | | hearings on protests concerning up to 20 designated properties to |
---|
1606 | 1606 | | be held consecutively on the same day. The designated properties |
---|
1607 | 1607 | | must be identified in the same notice of protest, and the notice |
---|
1608 | 1608 | | must contain in boldfaced type the statement "request for same-day |
---|
1609 | 1609 | | protest hearings." A property owner or the designated agent of the |
---|
1610 | 1610 | | owner may [not] file more than one request under this subsection |
---|
1611 | 1611 | | with the appraisal review board in the same tax year. The appraisal |
---|
1612 | 1612 | | review board may schedule hearings on protests concerning more than |
---|
1613 | 1613 | | 20 properties filed by the same property owner or the designated |
---|
1614 | 1614 | | agent of the owner and may use different panels to conduct the |
---|
1615 | 1615 | | hearings based on the board's customary scheduling. The appraisal |
---|
1616 | 1616 | | review board may follow the practices customarily used by the board |
---|
1617 | 1617 | | in the scheduling of hearings under this subsection. |
---|
1618 | 1618 | | (j-1) An appraisal review board may schedule the hearings on |
---|
1619 | 1619 | | all protests filed by a property owner or the designated agent of |
---|
1620 | 1620 | | the owner to be held consecutively. The notice of the hearings must |
---|
1621 | 1621 | | state the date and time that the first hearing will begin, state the |
---|
1622 | 1622 | | date the last hearing will end, and list the order in which the |
---|
1623 | 1623 | | hearings will be held. The order of the hearings listed in the |
---|
1624 | 1624 | | notice may not be changed without the agreement of the property |
---|
1625 | 1625 | | owner or the designated agent of the owner, the chief appraiser, and |
---|
1626 | 1626 | | the appraisal review board. The board may not reschedule a hearing |
---|
1627 | 1627 | | for which notice is given under this subsection to a date earlier |
---|
1628 | 1628 | | than the seventh day after the date the last hearing was scheduled |
---|
1629 | 1629 | | to end unless agreed to by the property owner or the designated |
---|
1630 | 1630 | | agent of the owner, the chief appraiser, and the appraisal review |
---|
1631 | 1631 | | board. Unless agreed to by the parties, the board must provide |
---|
1632 | 1632 | | written notice of the date and time of the rescheduled hearing to |
---|
1633 | 1633 | | the property owner or the designated agent of the owner not later |
---|
1634 | 1634 | | than the seventh day before the date of the hearing. |
---|
1635 | 1635 | | (k) This subsection does not apply to a special panel |
---|
1636 | 1636 | | established under Section 6.425. If an appraisal review board sits |
---|
1637 | 1637 | | in panels to conduct protest hearings, protests shall be randomly |
---|
1638 | 1638 | | assigned to panels, except that the board may consider the type of |
---|
1639 | 1639 | | property subject to the protest or the ground of the protest for the |
---|
1640 | 1640 | | purpose of using the expertise of a particular panel in hearing |
---|
1641 | 1641 | | protests regarding particular types of property or based on |
---|
1642 | 1642 | | particular grounds. If a protest is scheduled to be heard by a |
---|
1643 | 1643 | | particular panel, the protest may not be reassigned to another |
---|
1644 | 1644 | | panel without the consent of the property owner or designated |
---|
1645 | 1645 | | agent. If the appraisal review board has cause to reassign a |
---|
1646 | 1646 | | protest to another panel, a property owner or designated agent may |
---|
1647 | 1647 | | agree to reassignment of the protest or may request that the hearing |
---|
1648 | 1648 | | on the protest be postponed. The board shall postpone the hearing |
---|
1649 | 1649 | | on that request. A change of members of a panel because of a |
---|
1650 | 1650 | | conflict of interest, illness, or inability to continue |
---|
1651 | 1651 | | participating in hearings for the remainder of the day does not |
---|
1652 | 1652 | | constitute reassignment of a protest to another panel. |
---|
1653 | 1653 | | (k-1) On the request of a property owner, an appraisal |
---|
1654 | 1654 | | review board to which Section 6.425 applies shall assign a protest |
---|
1655 | 1655 | | relating to property described by Section 6.425(b) to a special |
---|
1656 | 1656 | | panel. In addition, the chairman of the appraisal review board may |
---|
1657 | 1657 | | assign a protest relating to property not described by Section |
---|
1658 | 1658 | | 6.425(b) to a special panel as authorized by Section 6.425(f). |
---|
1659 | 1659 | | Protests assigned to special panels shall be randomly assigned to |
---|
1660 | 1660 | | those panels. If a protest is scheduled to be heard by a particular |
---|
1661 | 1661 | | special panel, the protest may not be reassigned to another special |
---|
1662 | 1662 | | panel without the consent of the property owner or designated |
---|
1663 | 1663 | | agent. If the board has cause to reassign a protest to another |
---|
1664 | 1664 | | special panel, a property owner or designated agent may agree to |
---|
1665 | 1665 | | reassignment of the protest or may request that the hearing on the |
---|
1666 | 1666 | | protest be postponed. The board shall postpone the hearing on that |
---|
1667 | 1667 | | request. A change of members of a special panel because of a |
---|
1668 | 1668 | | conflict of interest, illness, or inability to continue |
---|
1669 | 1669 | | participating in hearings for the remainder of the day does not |
---|
1670 | 1670 | | constitute reassignment of a protest to another special panel. |
---|
1671 | 1671 | | (p) At the end of a hearing on a protest, the appraisal |
---|
1672 | 1672 | | review board shall provide the property owner or the designated |
---|
1673 | 1673 | | agent of the owner one or more documents indicating that the members |
---|
1674 | 1674 | | of the board hearing the protest signed the affidavit required by |
---|
1675 | 1675 | | Subsection (g). |
---|
1676 | 1676 | | SECTION 2.41. Section 41.67(d), Tax Code, is amended to |
---|
1677 | 1677 | | read as follows: |
---|
1678 | 1678 | | (d) Information that was previously requested under Section |
---|
1679 | 1679 | | 41.461 by the protesting party that was not delivered [made |
---|
1680 | 1680 | | available] to the protesting party at least 14 days before the first |
---|
1681 | 1681 | | scheduled [or postponed] hearing may not be used or offered in any |
---|
1682 | 1682 | | form as evidence in the hearing, including as a document or through |
---|
1683 | 1683 | | argument or testimony. |
---|
1684 | 1684 | | SECTION 2.42. Section 41.71, Tax Code, is amended to read as |
---|
1685 | 1685 | | follows: |
---|
1686 | 1686 | | Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An |
---|
1687 | 1687 | | appraisal review board by rule shall provide for hearings on |
---|
1688 | 1688 | | protests [in the evening or] on a Saturday or after 5 p.m. on a |
---|
1689 | 1689 | | weekday [Sunday]. |
---|
1690 | 1690 | | (b) The board may not schedule: |
---|
1691 | 1691 | | (1) the first hearing on a protest held on a weekday |
---|
1692 | 1692 | | evening to begin after 7 p.m.; or |
---|
1693 | 1693 | | (2) a hearing on a protest on a Sunday. |
---|
1694 | 1694 | | SECTION 2.43. Section 41A.06(b), Tax Code, as effective |
---|
1695 | 1695 | | September 1, 2017, is amended to read as follows: |
---|
1696 | 1696 | | (b) To initially qualify to serve as an arbitrator under |
---|
1697 | 1697 | | this chapter, a person must: |
---|
1698 | 1698 | | (1) meet the following requirements, as applicable: |
---|
1699 | 1699 | | (A) be licensed as an attorney in this state; or |
---|
1700 | 1700 | | (B) have: |
---|
1701 | 1701 | | (i) completed at least 30 hours of training |
---|
1702 | 1702 | | in arbitration and alternative dispute resolution procedures from a |
---|
1703 | 1703 | | university, college, or legal or real estate trade association; and |
---|
1704 | 1704 | | (ii) been licensed or certified |
---|
1705 | 1705 | | continuously during the five years preceding the date the person |
---|
1706 | 1706 | | agrees to serve as an arbitrator as: |
---|
1707 | 1707 | | (a) a real estate broker or sales |
---|
1708 | 1708 | | agent under Chapter 1101, Occupations Code; |
---|
1709 | 1709 | | (b) a real estate appraiser under |
---|
1710 | 1710 | | Chapter 1103, Occupations Code; or |
---|
1711 | 1711 | | (c) a certified public accountant |
---|
1712 | 1712 | | under Chapter 901, Occupations Code; [and] |
---|
1713 | 1713 | | (2) complete the course for training and education of |
---|
1714 | 1714 | | appraisal review board members established under Section 5.041 and |
---|
1715 | 1715 | | be issued a certificate indicating course completion; |
---|
1716 | 1716 | | (3) complete the training program on property tax law |
---|
1717 | 1717 | | for the training and education of arbitrators established under |
---|
1718 | 1718 | | Section 5.043; and |
---|
1719 | 1719 | | (4) agree to conduct an arbitration for a fee that is |
---|
1720 | 1720 | | not more than: |
---|
1721 | 1721 | | (A) $400, if the property qualifies as the |
---|
1722 | 1722 | | owner's residence homestead under Section 11.13 and the appraised |
---|
1723 | 1723 | | or market value, as applicable, of the property is $500,000 or less, |
---|
1724 | 1724 | | as determined by the order; |
---|
1725 | 1725 | | (B) $450, if the property qualifies as the |
---|
1726 | 1726 | | owner's residence homestead under Section 11.13 and the appraised |
---|
1727 | 1727 | | or market value, as applicable, of the property is more than |
---|
1728 | 1728 | | $500,000, as determined by the order; |
---|
1729 | 1729 | | (C) $450, if the property does not qualify as the |
---|
1730 | 1730 | | owner's residence homestead under Section 11.13 and the appraised |
---|
1731 | 1731 | | or market value, as applicable, of the property is $1 million or |
---|
1732 | 1732 | | less, as determined by the order; |
---|
1733 | 1733 | | (D) $750, if the property does not qualify as the |
---|
1734 | 1734 | | owner's residence homestead under Section 11.13 and the appraised |
---|
1735 | 1735 | | or market value, as applicable, of the property is more than $1 |
---|
1736 | 1736 | | million but not more than $2 million, as determined by the order; |
---|
1737 | 1737 | | (E) $1,000, if the property does not qualify as |
---|
1738 | 1738 | | the owner's residence homestead under Section 11.13 and the |
---|
1739 | 1739 | | appraised or market value, as applicable, of the property is more |
---|
1740 | 1740 | | than $2 million but not more than $3 million, as determined by the |
---|
1741 | 1741 | | order; or |
---|
1742 | 1742 | | (F) $1,500, if the property does not qualify as |
---|
1743 | 1743 | | the owner's residence homestead under Section 11.13 and the |
---|
1744 | 1744 | | appraised or market value, as applicable, of the property is more |
---|
1745 | 1745 | | than $3 million but not more than $5 million, as determined by the |
---|
1746 | 1746 | | order. |
---|
1747 | 1747 | | SECTION 2.44. Section 41A.061(b), Tax Code, is amended to |
---|
1748 | 1748 | | read as follows: |
---|
1749 | 1749 | | (b) To renew the person's agreement to serve as an |
---|
1750 | 1750 | | arbitrator, the person must: |
---|
1751 | 1751 | | (1) file a renewal application with the comptroller at |
---|
1752 | 1752 | | the time and in the manner prescribed by the comptroller; |
---|
1753 | 1753 | | (2) continue to meet the requirements provided by |
---|
1754 | 1754 | | Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; and |
---|
1755 | 1755 | | (3) during the preceding two years have completed at |
---|
1756 | 1756 | | least eight hours of continuing education in arbitration and |
---|
1757 | 1757 | | alternative dispute resolution procedures offered by a university, |
---|
1758 | 1758 | | college, real estate trade association, or legal association. |
---|
1759 | 1759 | | SECTION 2.45. Section 41A.09(b), Tax Code, is amended to |
---|
1760 | 1760 | | read as follows: |
---|
1761 | 1761 | | (b) An award under this section: |
---|
1762 | 1762 | | (1) must include a determination of the appraised or |
---|
1763 | 1763 | | market value, as applicable, of the property that is the subject of |
---|
1764 | 1764 | | the appeal; |
---|
1765 | 1765 | | (2) may include any remedy or relief a court may order |
---|
1766 | 1766 | | under Chapter 42 in an appeal relating to the appraised or market |
---|
1767 | 1767 | | value of property; |
---|
1768 | 1768 | | (3) shall specify the arbitrator's fee, which may not |
---|
1769 | 1769 | | exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)]; |
---|
1770 | 1770 | | (4) is final and may not be appealed except as |
---|
1771 | 1771 | | permitted under Section 171.088, Civil Practice and Remedies Code, |
---|
1772 | 1772 | | for an award subject to that section; and |
---|
1773 | 1773 | | (5) may be enforced in the manner provided by |
---|
1774 | 1774 | | Subchapter D, Chapter 171, Civil Practice and Remedies Code. |
---|
1775 | 1775 | | SECTION 2.46. Section 45.105(e), Education Code, is amended |
---|
1776 | 1776 | | to read as follows: |
---|
1777 | 1777 | | (e) The governing body of an independent school district |
---|
1778 | 1778 | | that governs a junior college district under Subchapter B, Chapter |
---|
1779 | 1779 | | 130, in a county with a population of more than two million may |
---|
1780 | 1780 | | dedicate a specific percentage of the local tax levy to the use of |
---|
1781 | 1781 | | the junior college district for facilities and equipment or for the |
---|
1782 | 1782 | | maintenance and operating expenses of the junior college district. |
---|
1783 | 1783 | | To be effective, the dedication must be made by the governing body |
---|
1784 | 1784 | | on or before the date on which the governing body adopts its tax |
---|
1785 | 1785 | | rate for a year. The amount of local tax funds derived from the |
---|
1786 | 1786 | | percentage of the local tax levy dedicated to a junior college |
---|
1787 | 1787 | | district from a tax levy may not exceed the amount that would be |
---|
1788 | 1788 | | levied by five percent of the no-new-revenue [effective] tax rate |
---|
1789 | 1789 | | for the tax year calculated as provided by Section 26.04, Tax Code, |
---|
1790 | 1790 | | on all property taxable by the school district. All real property |
---|
1791 | 1791 | | purchased with these funds is the property of the school district, |
---|
1792 | 1792 | | but is subject to the exclusive control of the governing body of the |
---|
1793 | 1793 | | junior college district for as long as the junior college district |
---|
1794 | 1794 | | uses the property for educational purposes. |
---|
1795 | 1795 | | SECTION 2.47. Section 403.302(o), Government Code, is |
---|
1796 | 1796 | | amended to read as follows: |
---|
1797 | 1797 | | (o) The comptroller shall adopt rules governing the conduct |
---|
1798 | 1798 | | of the study after consultation with the comptroller's property tax |
---|
1799 | 1799 | | administration advisory board [Comptroller's Property Value Study |
---|
1800 | 1800 | | Advisory Committee]. |
---|
1801 | 1801 | | SECTION 2.48. Section 102.007(d), Local Government Code, is |
---|
1802 | 1802 | | amended to read as follows: |
---|
1803 | 1803 | | (d) An adopted budget must contain a cover page that |
---|
1804 | 1804 | | includes: |
---|
1805 | 1805 | | (1) one of the following statements in 18-point or |
---|
1806 | 1806 | | larger type that accurately describes the adopted budget: |
---|
1807 | 1807 | | (A) "This budget will raise more revenue from |
---|
1808 | 1808 | | property taxes than last year's budget by an amount of (insert total |
---|
1809 | 1809 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1810 | 1810 | | percent increase from last year's budget. The property tax revenue |
---|
1811 | 1811 | | to be raised from new property added to the tax roll this year is |
---|
1812 | 1812 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1813 | 1813 | | value of new property added to the roll)."; |
---|
1814 | 1814 | | (B) "This budget will raise less revenue from |
---|
1815 | 1815 | | property taxes than last year's budget by an amount of (insert total |
---|
1816 | 1816 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1817 | 1817 | | percent decrease from last year's budget. The property tax revenue |
---|
1818 | 1818 | | to be raised from new property added to the tax roll this year is |
---|
1819 | 1819 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1820 | 1820 | | value of new property added to the roll)."; or |
---|
1821 | 1821 | | (C) "This budget will raise the same amount of |
---|
1822 | 1822 | | revenue from property taxes as last year's budget. The property |
---|
1823 | 1823 | | tax revenue to be raised from new property added to the tax roll |
---|
1824 | 1824 | | this year is (insert amount computed by multiplying the proposed |
---|
1825 | 1825 | | tax rate by the value of new property added to the roll)."; |
---|
1826 | 1826 | | (2) the record vote of each member of the governing |
---|
1827 | 1827 | | body by name voting on the adoption of the budget; |
---|
1828 | 1828 | | (3) the municipal property tax rates for the preceding |
---|
1829 | 1829 | | fiscal year, and each municipal property tax rate that has been |
---|
1830 | 1830 | | adopted or calculated for the current fiscal year, including: |
---|
1831 | 1831 | | (A) the property tax rate; |
---|
1832 | 1832 | | (B) the no-new-revenue [effective] tax rate; |
---|
1833 | 1833 | | (C) the no-new-revenue [effective] maintenance |
---|
1834 | 1834 | | and operations tax rate; |
---|
1835 | 1835 | | (D) the rollback tax rate; and |
---|
1836 | 1836 | | (E) the debt rate; and |
---|
1837 | 1837 | | (4) the total amount of municipal debt obligations. |
---|
1838 | 1838 | | SECTION 2.49. Section 111.008(d), Local Government Code, is |
---|
1839 | 1839 | | amended to read as follows: |
---|
1840 | 1840 | | (d) An adopted budget must contain a cover page that |
---|
1841 | 1841 | | includes: |
---|
1842 | 1842 | | (1) one of the following statements in 18-point or |
---|
1843 | 1843 | | larger type that accurately describes the adopted budget: |
---|
1844 | 1844 | | (A) "This budget will raise more revenue from |
---|
1845 | 1845 | | property taxes than last year's budget by an amount of (insert total |
---|
1846 | 1846 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1847 | 1847 | | percent increase from last year's budget. The property tax revenue |
---|
1848 | 1848 | | to be raised from new property added to the tax roll this year is |
---|
1849 | 1849 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1850 | 1850 | | value of new property added to the roll)."; |
---|
1851 | 1851 | | (B) "This budget will raise less revenue from |
---|
1852 | 1852 | | property taxes than last year's budget by an amount of (insert total |
---|
1853 | 1853 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1854 | 1854 | | percent decrease from last year's budget. The property tax revenue |
---|
1855 | 1855 | | to be raised from new property added to the tax roll this year is |
---|
1856 | 1856 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1857 | 1857 | | value of new property added to the roll)."; or |
---|
1858 | 1858 | | (C) "This budget will raise the same amount of |
---|
1859 | 1859 | | revenue from property taxes as last year's budget. The property |
---|
1860 | 1860 | | tax revenue to be raised from new property added to the tax roll |
---|
1861 | 1861 | | this year is (insert amount computed by multiplying the proposed |
---|
1862 | 1862 | | tax rate by the value of new property added to the roll)."; |
---|
1863 | 1863 | | (2) the record vote of each member of the |
---|
1864 | 1864 | | commissioners court by name voting on the adoption of the budget; |
---|
1865 | 1865 | | (3) the county property tax rates for the preceding |
---|
1866 | 1866 | | fiscal year, and each county property tax rate that has been adopted |
---|
1867 | 1867 | | or calculated for the current fiscal year, including: |
---|
1868 | 1868 | | (A) the property tax rate; |
---|
1869 | 1869 | | (B) the no-new-revenue [effective] tax rate; |
---|
1870 | 1870 | | (C) the no-new-revenue [effective] maintenance |
---|
1871 | 1871 | | and operations tax rate; |
---|
1872 | 1872 | | (D) the rollback tax rate; and |
---|
1873 | 1873 | | (E) the debt rate; and |
---|
1874 | 1874 | | (4) the total amount of county debt obligations. |
---|
1875 | 1875 | | SECTION 2.50. Section 111.039(d), Local Government Code, is |
---|
1876 | 1876 | | amended to read as follows: |
---|
1877 | 1877 | | (d) An adopted budget must contain a cover page that |
---|
1878 | 1878 | | includes: |
---|
1879 | 1879 | | (1) one of the following statements in 18-point or |
---|
1880 | 1880 | | larger type that accurately describes the adopted budget: |
---|
1881 | 1881 | | (A) "This budget will raise more revenue from |
---|
1882 | 1882 | | property taxes than last year's budget by an amount of (insert total |
---|
1883 | 1883 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1884 | 1884 | | percent increase from last year's budget. The property tax revenue |
---|
1885 | 1885 | | to be raised from new property added to the tax roll this year is |
---|
1886 | 1886 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1887 | 1887 | | value of new property added to the roll)."; |
---|
1888 | 1888 | | (B) "This budget will raise less revenue from |
---|
1889 | 1889 | | property taxes than last year's budget by an amount of (insert total |
---|
1890 | 1890 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1891 | 1891 | | percent decrease from last year's budget. The property tax revenue |
---|
1892 | 1892 | | to be raised from new property added to the tax roll this year is |
---|
1893 | 1893 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1894 | 1894 | | value of new property added to the roll)."; or |
---|
1895 | 1895 | | (C) "This budget will raise the same amount of |
---|
1896 | 1896 | | revenue from property taxes as last year's budget. The property |
---|
1897 | 1897 | | tax revenue to be raised from new property added to the tax roll |
---|
1898 | 1898 | | this year is (insert amount computed by multiplying the proposed |
---|
1899 | 1899 | | tax rate by the value of new property added to the roll)."; |
---|
1900 | 1900 | | (2) the record vote of each member of the |
---|
1901 | 1901 | | commissioners court by name voting on the adoption of the budget; |
---|
1902 | 1902 | | (3) the county property tax rates for the preceding |
---|
1903 | 1903 | | fiscal year, and each county property tax rate that has been adopted |
---|
1904 | 1904 | | or calculated for the current fiscal year, including: |
---|
1905 | 1905 | | (A) the property tax rate; |
---|
1906 | 1906 | | (B) the no-new-revenue [effective] tax rate; |
---|
1907 | 1907 | | (C) the no-new-revenue [effective] maintenance |
---|
1908 | 1908 | | and operations tax rate; |
---|
1909 | 1909 | | (D) the rollback tax rate; and |
---|
1910 | 1910 | | (E) the debt rate; and |
---|
1911 | 1911 | | (4) the total amount of county debt obligations. |
---|
1912 | 1912 | | SECTION 2.51. Section 111.068(c), Local Government Code, is |
---|
1913 | 1913 | | amended to read as follows: |
---|
1914 | 1914 | | (c) An adopted budget must contain a cover page that |
---|
1915 | 1915 | | includes: |
---|
1916 | 1916 | | (1) one of the following statements in 18-point or |
---|
1917 | 1917 | | larger type that accurately describes the adopted budget: |
---|
1918 | 1918 | | (A) "This budget will raise more revenue from |
---|
1919 | 1919 | | property taxes than last year's budget by an amount of (insert total |
---|
1920 | 1920 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1921 | 1921 | | percent increase from last year's budget. The property tax revenue |
---|
1922 | 1922 | | to be raised from new property added to the tax roll this year is |
---|
1923 | 1923 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1924 | 1924 | | value of new property added to the roll)."; |
---|
1925 | 1925 | | (B) "This budget will raise less revenue from |
---|
1926 | 1926 | | property taxes than last year's budget by an amount of (insert total |
---|
1927 | 1927 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1928 | 1928 | | percent decrease from last year's budget. The property tax revenue |
---|
1929 | 1929 | | to be raised from new property added to the tax roll this year is |
---|
1930 | 1930 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1931 | 1931 | | value of new property added to the roll)."; or |
---|
1932 | 1932 | | (C) "This budget will raise the same amount of |
---|
1933 | 1933 | | revenue from property taxes as last year's budget. The property |
---|
1934 | 1934 | | tax revenue to be raised from new property added to the tax roll |
---|
1935 | 1935 | | this year is (insert amount computed by multiplying the proposed |
---|
1936 | 1936 | | tax rate by the value of new property added to the roll)."; |
---|
1937 | 1937 | | (2) the record vote of each member of the |
---|
1938 | 1938 | | commissioners court by name voting on the adoption of the budget; |
---|
1939 | 1939 | | (3) the county property tax rates for the preceding |
---|
1940 | 1940 | | fiscal year, and each county property tax rate that has been adopted |
---|
1941 | 1941 | | or calculated for the current fiscal year, including: |
---|
1942 | 1942 | | (A) the property tax rate; |
---|
1943 | 1943 | | (B) the no-new-revenue [effective] tax rate; |
---|
1944 | 1944 | | (C) the no-new-revenue [effective] maintenance |
---|
1945 | 1945 | | and operations tax rate; |
---|
1946 | 1946 | | (D) the rollback tax rate; and |
---|
1947 | 1947 | | (E) the debt rate; and |
---|
1948 | 1948 | | (4) the total amount of county debt obligations. |
---|
1949 | 1949 | | SECTION 2.52. Sections 140.010(a), (d), (e), and (f), Local |
---|
1950 | 1950 | | Government Code, are amended to read as follows: |
---|
1951 | 1951 | | (a) In this section, "no-new-revenue [effective] tax rate" |
---|
1952 | 1952 | | and "rollback tax rate" mean the no-new-revenue [effective] tax |
---|
1953 | 1953 | | rate and rollback tax rate of a county or municipality, as |
---|
1954 | 1954 | | applicable, as calculated under Chapter 26, Tax Code. |
---|
1955 | 1955 | | (d) A county or municipality that proposes a property tax |
---|
1956 | 1956 | | rate that does not exceed the lower of the no-new-revenue |
---|
1957 | 1957 | | [effective] tax rate or the rollback tax rate shall provide the |
---|
1958 | 1958 | | following notice: |
---|
1959 | 1959 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
---|
1960 | 1960 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
---|
1961 | 1961 | | "A tax rate of $______ per $100 valuation has been proposed by the |
---|
1962 | 1962 | | governing body of (insert name of county or municipality). |
---|
1963 | 1963 | | PROPOSED TAX RATE $______ per $100 |
---|
1964 | 1964 | | PRECEDING YEAR'S TAX RATE $______ per $100 |
---|
1965 | 1965 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE $______ per $100 |
---|
1966 | 1966 | | "The no-new-revenue [effective] tax rate is the total tax rate |
---|
1967 | 1967 | | needed to raise the same amount of property tax revenue for (insert |
---|
1968 | 1968 | | name of county or municipality) from the same properties in both the |
---|
1969 | 1969 | | (insert preceding tax year) tax year and the (insert current tax |
---|
1970 | 1970 | | year) tax year. |
---|
1971 | 1971 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
1972 | 1972 | | FOLLOWS: |
---|
1973 | 1973 | | property tax amount = (rate) x (taxable value of your property) / |
---|
1974 | 1974 | | 100 |
---|
1975 | 1975 | | "For assistance or detailed information about tax calculations, |
---|
1976 | 1976 | | please contact: |
---|
1977 | 1977 | | (insert name of county or municipal tax assessor-collector) |
---|
1978 | 1978 | | (insert name of county or municipality) tax |
---|
1979 | 1979 | | assessor-collector |
---|
1980 | 1980 | | (insert address) |
---|
1981 | 1981 | | (insert telephone number) |
---|
1982 | 1982 | | (insert e-mail address) |
---|
1983 | 1983 | | (insert Internet website address, if applicable)" |
---|
1984 | 1984 | | (e) A county or municipality that proposes a property tax |
---|
1985 | 1985 | | rate that exceeds the lower of the no-new-revenue [effective] tax |
---|
1986 | 1986 | | rate or the rollback tax rate shall provide the following notice: |
---|
1987 | 1987 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
---|
1988 | 1988 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
---|
1989 | 1989 | | "A tax rate of $_____ per $100 valuation has been proposed for |
---|
1990 | 1990 | | adoption by the governing body of (insert name of county or |
---|
1991 | 1991 | | municipality). This rate exceeds the lower of the no-new-revenue |
---|
1992 | 1992 | | [effective] or rollback tax rate, and state law requires that two |
---|
1993 | 1993 | | public hearings be held by the governing body before adopting the |
---|
1994 | 1994 | | proposed tax rate. The governing body of (insert name of county or |
---|
1995 | 1995 | | municipality) proposes to use revenue attributable to the tax rate |
---|
1996 | 1996 | | increase for the purpose of (description of purpose of increase). |
---|
1997 | 1997 | | PROPOSED TAX RATE$______ per $100 |
---|
1998 | 1998 | | PRECEDING YEAR'S TAX RATE$______ per $100 |
---|
1999 | 1999 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE$______ per $100 |
---|
2000 | 2000 | | ROLLBACK TAX RATE$______ per $100 |
---|
2001 | 2001 | | "The no-new-revenue [effective] tax rate is the total tax rate |
---|
2002 | 2002 | | needed to raise the same amount of property tax revenue for (insert |
---|
2003 | 2003 | | name of county or municipality) from the same properties in both the |
---|
2004 | 2004 | | (insert preceding tax year) tax year and the (insert current tax |
---|
2005 | 2005 | | year) tax year. |
---|
2006 | 2006 | | "The rollback tax rate is the highest tax rate that (insert name of |
---|
2007 | 2007 | | county or municipality) may adopt before the voters are entitled to |
---|
2008 | 2008 | | petition for an election to limit the rate that may be approved to |
---|
2009 | 2009 | | the rollback tax rate. |
---|
2010 | 2010 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
2011 | 2011 | | FOLLOWS: |
---|
2012 | 2012 | | property tax amount = (rate) x (taxable value of your property) / |
---|
2013 | 2013 | | 100 |
---|
2014 | 2014 | | "For assistance or detailed information about tax calculations, |
---|
2015 | 2015 | | please contact: |
---|
2016 | 2016 | | (insert name of county or municipal tax assessor-collector) |
---|
2017 | 2017 | | (insert name of county or municipality) tax |
---|
2018 | 2018 | | assessor-collector |
---|
2019 | 2019 | | (insert address) |
---|
2020 | 2020 | | (insert telephone number) |
---|
2021 | 2021 | | (insert e-mail address) |
---|
2022 | 2022 | | (insert Internet website address, if applicable) |
---|
2023 | 2023 | | "You are urged to attend and express your views at the following |
---|
2024 | 2024 | | public hearings on the proposed tax rate: |
---|
2025 | 2025 | | First Hearing: (insert date and time) at (insert location of |
---|
2026 | 2026 | | meeting). |
---|
2027 | 2027 | | Second Hearing: (insert date and time) at (insert location |
---|
2028 | 2028 | | of meeting)." |
---|
2029 | 2029 | | (f) A county or municipality shall: |
---|
2030 | 2030 | | (1) provide the notice required by Subsection (d) or |
---|
2031 | 2031 | | (e), as applicable, not later than the later of September 1 or the |
---|
2032 | 2032 | | 30th day after the first date that the taxing unit has received each |
---|
2033 | 2033 | | applicable certified appraisal roll by: |
---|
2034 | 2034 | | (A) publishing the notice in a newspaper having |
---|
2035 | 2035 | | general circulation in: |
---|
2036 | 2036 | | (i) the county, in the case of notice |
---|
2037 | 2037 | | published by a county; or |
---|
2038 | 2038 | | (ii) the county in which the municipality |
---|
2039 | 2039 | | is located or primarily located, in the case of notice published by |
---|
2040 | 2040 | | a municipality; or |
---|
2041 | 2041 | | (B) mailing the notice to each property owner in: |
---|
2042 | 2042 | | (i) the county, in the case of notice |
---|
2043 | 2043 | | provided by a county; or |
---|
2044 | 2044 | | (ii) the municipality, in the case of |
---|
2045 | 2045 | | notice provided by a municipality; and |
---|
2046 | 2046 | | (2) post the notice prominently on the home page of the |
---|
2047 | 2047 | | Internet website of the county or municipality, if applicable, |
---|
2048 | 2048 | | beginning not later than the later of September 1 or the 30th day |
---|
2049 | 2049 | | after the first date that the taxing unit has received each |
---|
2050 | 2050 | | applicable certified appraisal roll and continuing until the county |
---|
2051 | 2051 | | or municipality adopts a tax rate. |
---|
2052 | 2052 | | SECTION 2.53. Section 8876.152(b), Special District Local |
---|
2053 | 2053 | | Laws Code, is amended to read as follows: |
---|
2054 | 2054 | | (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236], |
---|
2055 | 2055 | | Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the |
---|
2056 | 2056 | | 78th Legislature, Regular Session, 2003, applies] to the district. |
---|
2057 | 2057 | | SECTION 2.54. Section 49.236(a), Water Code, as added by |
---|
2058 | 2058 | | Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular |
---|
2059 | 2059 | | Session, 2003, is amended to read as follows: |
---|
2060 | 2060 | | (a) Before the board adopts an ad valorem tax rate for the |
---|
2061 | 2061 | | district for debt service, operation and maintenance purposes, or |
---|
2062 | 2062 | | contract purposes, the board shall give notice of each meeting of |
---|
2063 | 2063 | | the board at which the adoption of a tax rate will be considered. |
---|
2064 | 2064 | | The notice must: |
---|
2065 | 2065 | | (1) contain a statement in substantially the following |
---|
2066 | 2066 | | form: |
---|
2067 | 2067 | | "NOTICE OF PUBLIC HEARING ON TAX RATE |
---|
2068 | 2068 | | "The (name of the district) will hold a public hearing on a |
---|
2069 | 2069 | | proposed tax rate for the tax year (year of tax levy) on (date and |
---|
2070 | 2070 | | time) at (meeting place). Your individual taxes may increase at a |
---|
2071 | 2071 | | greater or lesser rate, or even decrease, depending on the tax rate |
---|
2072 | 2072 | | that is adopted and on the change in the taxable value of your |
---|
2073 | 2073 | | property in relation to the change in taxable value of all other |
---|
2074 | 2074 | | property [and the tax rate that is adopted]. The change in the |
---|
2075 | 2075 | | taxable value of your property in relation to the change in the |
---|
2076 | 2076 | | taxable value of all other property determines the distribution of |
---|
2077 | 2077 | | the tax burden among all property owners. |
---|
2078 | 2078 | | "(Names of all board members and, if a vote was taken, an |
---|
2079 | 2079 | | indication of how each voted on the proposed tax rate and an |
---|
2080 | 2080 | | indication of any absences.)"; |
---|
2081 | 2081 | | (2) contain the following information: |
---|
2082 | 2082 | | (A) the district's total adopted tax rate for the |
---|
2083 | 2083 | | preceding year and the proposed tax rate, expressed as an amount per |
---|
2084 | 2084 | | $100; |
---|
2085 | 2085 | | (B) the difference, expressed as an amount per |
---|
2086 | 2086 | | $100 and as a percent increase or decrease, as applicable, in the |
---|
2087 | 2087 | | proposed tax rate compared to the adopted tax rate for the preceding |
---|
2088 | 2088 | | year; |
---|
2089 | 2089 | | (C) the average appraised value of a residence |
---|
2090 | 2090 | | homestead in the district in the preceding year and in the current |
---|
2091 | 2091 | | year; the district's total homestead exemption, other than an |
---|
2092 | 2092 | | exemption available only to disabled persons or persons 65 years of |
---|
2093 | 2093 | | age or older, applicable to that appraised value in each of those |
---|
2094 | 2094 | | years; and the average taxable value of a residence homestead in |
---|
2095 | 2095 | | the district in each of those years, disregarding any homestead |
---|
2096 | 2096 | | exemption available only to disabled persons or persons 65 years of |
---|
2097 | 2097 | | age or older; |
---|
2098 | 2098 | | (D) the amount of tax that would have been |
---|
2099 | 2099 | | imposed by the district in the preceding year on a residence |
---|
2100 | 2100 | | homestead appraised at the average appraised value of a residence |
---|
2101 | 2101 | | homestead in that year, disregarding any homestead exemption |
---|
2102 | 2102 | | available only to disabled persons or persons 65 years of age or |
---|
2103 | 2103 | | older; |
---|
2104 | 2104 | | (E) the amount of tax that would be imposed by the |
---|
2105 | 2105 | | district in the current year on a residence homestead appraised at |
---|
2106 | 2106 | | the average appraised value of a residence homestead in that year, |
---|
2107 | 2107 | | disregarding any homestead exemption available only to disabled |
---|
2108 | 2108 | | persons or persons 65 years of age or older, if the proposed tax |
---|
2109 | 2109 | | rate is adopted; [and] |
---|
2110 | 2110 | | (F) the difference between the amounts of tax |
---|
2111 | 2111 | | calculated under Paragraphs (D) and (E), expressed in dollars and |
---|
2112 | 2112 | | cents and described as the annual percentage increase or decrease, |
---|
2113 | 2113 | | as applicable, in the tax to be imposed by the district on the |
---|
2114 | 2114 | | average residence homestead in the district in the current year if |
---|
2115 | 2115 | | the proposed tax rate is adopted; and |
---|
2116 | 2116 | | (G) if the proposed combined debt service, |
---|
2117 | 2117 | | operation and maintenance, and contract tax rate would authorize |
---|
2118 | 2118 | | the qualified voters of the district by petition to require a |
---|
2119 | 2119 | | rollback election to be held in the district, a description of the |
---|
2120 | 2120 | | purpose of the proposed tax increase; and |
---|
2121 | 2121 | | (3) contain a statement in substantially the following |
---|
2122 | 2122 | | form: |
---|
2123 | 2123 | | "NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION |
---|
2124 | 2124 | | "If taxes on the average residence homestead increase by more |
---|
2125 | 2125 | | than eight percent, the qualified voters of the district by |
---|
2126 | 2126 | | petition may require that an election be held to determine whether |
---|
2127 | 2127 | | to reduce the operation and maintenance tax rate to the rollback tax |
---|
2128 | 2128 | | rate under Section 49.236(d), Water Code." |
---|
2129 | 2129 | | SECTION 2.55. The following provisions are repealed: |
---|
2130 | 2130 | | (1) Sections 403.302(m-1) and (n), Government Code; |
---|
2131 | 2131 | | (2) Sections 5.103(e) and (f), Tax Code; |
---|
2132 | 2132 | | (3) Section 6.412(e), Tax Code; |
---|
2133 | 2133 | | (4) Section 41A.06(c), Tax Code; |
---|
2134 | 2134 | | (5) Section 49.236, Water Code, as added by Chapter |
---|
2135 | 2135 | | 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session, |
---|
2136 | 2136 | | 2003; and |
---|
2137 | 2137 | | (6) Section 49.2361, Water Code. |
---|
2138 | 2138 | | SECTION 2.56. Section 5.041, Tax Code, as amended by this |
---|
2139 | 2139 | | Act, applies only to an appraisal review board member appointed to |
---|
2140 | 2140 | | serve a term of office that begins on or after January 1, 2018. |
---|
2141 | 2141 | | SECTION 2.57. The comptroller shall implement Section |
---|
2142 | 2142 | | 5.043, Tax Code, as added by this Act, as soon as practicable after |
---|
2143 | 2143 | | January 1, 2018. |
---|
2144 | 2144 | | SECTION 2.58. (a) The comptroller shall comply with |
---|
2145 | 2145 | | Sections 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, |
---|
2146 | 2146 | | as soon as practicable after January 1, 2018. |
---|
2147 | 2147 | | (b) The comptroller shall comply with Section 5.091, Tax |
---|
2148 | 2148 | | Code, as amended by this Act, not later than January 1, 2021. |
---|
2149 | 2149 | | SECTION 2.59. The comptroller shall prepare and make |
---|
2150 | 2150 | | available the survey form and instructions for completing and |
---|
2151 | 2151 | | submitting the form required by Section 5.104, Tax Code, as added by |
---|
2152 | 2152 | | this Act, as soon as practicable after January 1, 2018. An |
---|
2153 | 2153 | | appraisal district is not required to provide the survey form or |
---|
2154 | 2154 | | instructions under a requirement of that section until the form and |
---|
2155 | 2155 | | instructions are prepared and made available by the comptroller. |
---|
2156 | 2156 | | SECTION 2.60. Section 6.41(d-9), Tax Code, as amended by |
---|
2157 | 2157 | | this Act, applies only to the appointment of appraisal review board |
---|
2158 | 2158 | | members to terms beginning on or after January 1, 2019. |
---|
2159 | 2159 | | SECTION 2.61. Section 6.412, Tax Code, as amended by this |
---|
2160 | 2160 | | Act, does not affect the eligibility of a person serving on an |
---|
2161 | 2161 | | appraisal review board immediately before January 1, 2018, to |
---|
2162 | 2162 | | continue to serve on the board for the term to which the member was |
---|
2163 | 2163 | | appointed. |
---|
2164 | 2164 | | SECTION 2.62. Section 6.42(d), Tax Code, as added by this |
---|
2165 | 2165 | | Act, applies only to a recommendation, determination, decision, or |
---|
2166 | 2166 | | other action by an appraisal review board or a panel of such a board |
---|
2167 | 2167 | | on or after January 1, 2018. A recommendation, determination, |
---|
2168 | 2168 | | decision, or other action by an appraisal review board or a panel of |
---|
2169 | 2169 | | such a board before January 1, 2018, is governed by the law as it |
---|
2170 | 2170 | | existed immediately before that date, and that law is continued in |
---|
2171 | 2171 | | effect for that purpose. |
---|
2172 | 2172 | | SECTION 2.63. Section 25.25(c), Tax Code, as amended by |
---|
2173 | 2173 | | this Act, applies only to a motion to correct an appraisal roll |
---|
2174 | 2174 | | filed on or after January 1, 2018. A motion to correct an appraisal |
---|
2175 | 2175 | | roll filed before January 1, 2018, is governed by the law in effect |
---|
2176 | 2176 | | on the date the motion was filed, and the former law is continued in |
---|
2177 | 2177 | | effect for that purpose. |
---|
2178 | 2178 | | SECTION 2.64. (a) An appraisal district established in a |
---|
2179 | 2179 | | county with a population of 120,000 or more and each taxing unit |
---|
2180 | 2180 | | located wholly or partly in such an appraisal district shall comply |
---|
2181 | 2181 | | with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, |
---|
2182 | 2182 | | Tax Code, as added by this Act, beginning with the 2019 tax year. |
---|
2183 | 2183 | | (b) An appraisal district established in a county with a |
---|
2184 | 2184 | | population of less than 120,000 and each taxing unit located wholly |
---|
2185 | 2185 | | in such an appraisal district shall comply with Sections |
---|
2186 | 2186 | | 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as |
---|
2187 | 2187 | | added by this Act, beginning with the 2020 tax year. |
---|
2188 | 2188 | | SECTION 2.65. (a) Except as provided by Subsections (b) and |
---|
2189 | 2189 | | (c) of this section, the changes in law made by this Act to Chapter |
---|
2190 | 2190 | | 41, Tax Code, apply only to a protest for which the notice of |
---|
2191 | 2191 | | protest was filed by a property owner or the designated agent of the |
---|
2192 | 2192 | | owner with the appraisal review board established for an appraisal |
---|
2193 | 2193 | | district on or after January 1, 2018. |
---|
2194 | 2194 | | (b) Section 41.03(a), Tax Code, as amended by this Act, |
---|
2195 | 2195 | | applies only to a challenge under Chapter 41, Tax Code, for which a |
---|
2196 | 2196 | | challenge petition is filed on or after January 1, 2018. A |
---|
2197 | 2197 | | challenge under Chapter 41, Tax Code, for which a challenge |
---|
2198 | 2198 | | petition was filed before January 1, 2018, is governed by the law in |
---|
2199 | 2199 | | effect on the date the challenge petition was filed, and the former |
---|
2200 | 2200 | | law is continued in effect for that purpose. |
---|
2201 | 2201 | | (c) Sections 41.45 and 41.66, Tax Code, as amended by this |
---|
2202 | 2202 | | Act, apply only to a protest filed under Chapter 41, Tax Code, on or |
---|
2203 | 2203 | | after January 1, 2019. A protest filed under that chapter before |
---|
2204 | 2204 | | January 1, 2019, is governed by the law in effect on the date the |
---|
2205 | 2205 | | protest was filed, and the former law is continued in effect for |
---|
2206 | 2206 | | that purpose. |
---|
2207 | 2207 | | SECTION 2.66. The changes in law made by this Act in the |
---|
2208 | 2208 | | qualifications of persons serving as arbitrators in binding |
---|
2209 | 2209 | | arbitrations of appeals of appraisal review board orders do not |
---|
2210 | 2210 | | affect the entitlement of a person serving as an arbitrator |
---|
2211 | 2211 | | immediately before January 1, 2018, to continue to serve as an |
---|
2212 | 2212 | | arbitrator and to conduct hearings on arbitrations until the person |
---|
2213 | 2213 | | is required to renew the person's agreement with the comptroller to |
---|
2214 | 2214 | | serve as an arbitrator. The changes in law apply only to a person |
---|
2215 | 2215 | | who initially qualifies to serve as an arbitrator or who renews the |
---|
2216 | 2216 | | person's agreement with the comptroller to serve as an arbitrator |
---|
2217 | 2217 | | on or after January 1, 2018. This Act does not prohibit a person who |
---|
2218 | 2218 | | is serving as an arbitrator on January 1, 2018, from renewing the |
---|
2219 | 2219 | | person's agreement with the comptroller to serve as an arbitrator |
---|
2220 | 2220 | | if the person has the qualifications required for an arbitrator |
---|
2221 | 2221 | | under the Tax Code as amended by this Act. |
---|
2222 | 2222 | | SECTION 2.67. (a) Except as otherwise provided by this |
---|
2223 | 2223 | | article, this article takes effect January 1, 2018. |
---|
2224 | 2224 | | (b) The following provisions take effect September 1, 2018: |
---|
2225 | 2225 | | (1) Sections 6.41(b) and (d-9), Tax Code, as amended |
---|
2226 | 2226 | | by this Act; |
---|
2227 | 2227 | | (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, |
---|
2228 | 2228 | | as added by this Act; |
---|
2229 | 2229 | | (3) Section 6.414(d), Tax Code, as amended by this |
---|
2230 | 2230 | | Act; |
---|
2231 | 2231 | | (4) Section 6.425, Tax Code, as added by this Act; |
---|
2232 | 2232 | | (5) Section 41.44(d), Tax Code, as amended by this |
---|
2233 | 2233 | | Act; |
---|
2234 | 2234 | | (6) Section 41.45(d), Tax Code, as amended by this |
---|
2235 | 2235 | | Act; |
---|
2236 | 2236 | | (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, |
---|
2237 | 2237 | | as added by this Act; |
---|
2238 | 2238 | | (8) Section 41.66(k), Tax Code, as amended by this |
---|
2239 | 2239 | | Act; and |
---|
2240 | 2240 | | (9) Section 41.66(k-1), Tax Code, as added by this |
---|
2241 | 2241 | | Act. |
---|
2242 | 2242 | | (c) The following provisions take effect January 1, 2019: |
---|
2243 | 2243 | | (1) Sections 26.04(d-1), (d-2), (e-2), (e-3), and |
---|
2244 | 2244 | | (e-4), Tax Code, as added by this Act; |
---|
2245 | 2245 | | (2) Sections 26.04(e-1) and (g), Tax Code, as amended |
---|
2246 | 2246 | | by this Act; |
---|
2247 | 2247 | | (3) Sections 26.05(d-1) and (d-2), Tax Code, as added |
---|
2248 | 2248 | | by this Act; and |
---|
2249 | 2249 | | (4) Section 26.05(e), Tax Code, as amended by this |
---|
2250 | 2250 | | Act. |
---|
2251 | 2251 | | ARTICLE 3. LIMITATION ON INCREASES IN APPRAISED VALUE OF |
---|
2252 | 2252 | | COMMERCIAL OR INDUSTRIAL REAL PROPERTY |
---|
2253 | 2253 | | SECTION 3.01. Section 1.12(d), Tax Code, is amended to read |
---|
2254 | 2254 | | as follows: |
---|
2255 | 2255 | | (d) For purposes of this section, the appraisal ratio of a |
---|
2256 | 2256 | | homestead to which Section 23.23 applies or of commercial or |
---|
2257 | 2257 | | industrial real property to which Section 23.231 applies is the |
---|
2258 | 2258 | | ratio of the property's market value as determined by the appraisal |
---|
2259 | 2259 | | district or appraisal review board, as applicable, to the market |
---|
2260 | 2260 | | value of the property according to law. The appraisal ratio is not |
---|
2261 | 2261 | | calculated according to the appraised value of the property as |
---|
2262 | 2262 | | limited by Section 23.23 or 23.231. |
---|
2263 | 2263 | | SECTION 3.02. Subchapter B, Chapter 23, Tax Code, is |
---|
2264 | 2264 | | amended by adding Section 23.231 to read as follows: |
---|
2265 | 2265 | | Sec. 23.231. LIMITATION ON APPRAISED VALUE OF COMMERCIAL OR |
---|
2266 | 2266 | | INDUSTRIAL REAL PROPERTY. (a) In this section, "new improvement" |
---|
2267 | 2267 | | means an improvement to commercial or industrial real property made |
---|
2268 | 2268 | | after the most recent appraisal of the property that increases the |
---|
2269 | 2269 | | market value of the property and the value of which is not included |
---|
2270 | 2270 | | in the appraised value of the property for the preceding tax |
---|
2271 | 2271 | | year. The term does not include repairs to or ordinary maintenance |
---|
2272 | 2272 | | of an existing structure or the grounds or another feature of the |
---|
2273 | 2273 | | property. |
---|
2274 | 2274 | | (b) This section does not apply to: |
---|
2275 | 2275 | | (1) residential property; |
---|
2276 | 2276 | | (2) a mineral interest; or |
---|
2277 | 2277 | | (3) property appraised under Subchapter C, D, E, F, G, |
---|
2278 | 2278 | | or H. |
---|
2279 | 2279 | | (c) Notwithstanding the requirements of Section 25.18 and |
---|
2280 | 2280 | | regardless of whether the appraisal office has appraised the |
---|
2281 | 2281 | | property and determined the market value of the property for the tax |
---|
2282 | 2282 | | year, an appraisal office may increase the appraised value of a |
---|
2283 | 2283 | | parcel of commercial or industrial real property for a tax year to |
---|
2284 | 2284 | | an amount not to exceed the lesser of: |
---|
2285 | 2285 | | (1) the market value of the property for the most |
---|
2286 | 2286 | | recent tax year that the market value was determined by the |
---|
2287 | 2287 | | appraisal office; or |
---|
2288 | 2288 | | (2) the sum of: |
---|
2289 | 2289 | | (A) 20 percent of the appraised value of the |
---|
2290 | 2290 | | property for the preceding tax year; |
---|
2291 | 2291 | | (B) the appraised value of the property for the |
---|
2292 | 2292 | | preceding tax year; and |
---|
2293 | 2293 | | (C) the market value of all new improvements to |
---|
2294 | 2294 | | the property. |
---|
2295 | 2295 | | (d) When appraising a parcel of commercial or industrial |
---|
2296 | 2296 | | real property, the chief appraiser shall: |
---|
2297 | 2297 | | (1) appraise the property at its market value; and |
---|
2298 | 2298 | | (2) include in the appraisal records both the market |
---|
2299 | 2299 | | value of the property and the amount computed under Subsection |
---|
2300 | 2300 | | (c)(2). |
---|
2301 | 2301 | | (e) The limitation provided by Subsection (c) takes effect |
---|
2302 | 2302 | | as to a parcel of commercial or industrial real property on January |
---|
2303 | 2303 | | 1 of the tax year following the first tax year in which the owner |
---|
2304 | 2304 | | owns the property on January 1 and in which the property qualifies |
---|
2305 | 2305 | | as commercial or industrial real property under this section. |
---|
2306 | 2306 | | Except as provided by Subsection (f), the limitation expires on |
---|
2307 | 2307 | | January 1 of the tax year following the first tax year in which the |
---|
2308 | 2308 | | owner of the property ceases to own the property or the property |
---|
2309 | 2309 | | ceases to qualify as commercial or industrial real property. |
---|
2310 | 2310 | | (f) If property subject to a limitation under this section |
---|
2311 | 2311 | | is owned by two or more persons, the limitation expires on January 1 |
---|
2312 | 2312 | | of the tax year following the first tax year in which the ownership |
---|
2313 | 2313 | | of at least a 50 percent interest in the property is sold or |
---|
2314 | 2314 | | otherwise transferred. |
---|
2315 | 2315 | | (g) Notwithstanding Subsections (a) and (c) and except as |
---|
2316 | 2316 | | provided by Subdivision (2) of this subsection, an improvement to |
---|
2317 | 2317 | | property that would otherwise constitute a new improvement is not |
---|
2318 | 2318 | | treated as a new improvement if the improvement is a replacement |
---|
2319 | 2319 | | structure for a structure that was rendered unusable by a casualty |
---|
2320 | 2320 | | or by wind or water damage. For purposes of appraising the property |
---|
2321 | 2321 | | under Subsection (c) in the tax year in which the structure would |
---|
2322 | 2322 | | have constituted a new improvement: |
---|
2323 | 2323 | | (1) the appraised value the property would have had in |
---|
2324 | 2324 | | the preceding tax year if the casualty or damage had not occurred is |
---|
2325 | 2325 | | considered to be the appraised value of the property for that year, |
---|
2326 | 2326 | | regardless of whether that appraised value exceeds the actual |
---|
2327 | 2327 | | appraised value of the property for that year as limited by |
---|
2328 | 2328 | | Subsection (c); and |
---|
2329 | 2329 | | (2) the replacement structure is considered to be a |
---|
2330 | 2330 | | new improvement only if: |
---|
2331 | 2331 | | (A) the square footage of the replacement |
---|
2332 | 2332 | | structure exceeds that of the replaced structure as that structure |
---|
2333 | 2333 | | existed before the casualty or damage occurred; or |
---|
2334 | 2334 | | (B) the exterior of the replacement structure is |
---|
2335 | 2335 | | of higher quality construction and composition than that of the |
---|
2336 | 2336 | | replaced structure. |
---|
2337 | 2337 | | (h) In this subsection, "disaster recovery program" means |
---|
2338 | 2338 | | the disaster recovery program administered by the General Land |
---|
2339 | 2339 | | Office that is funded with community development block grant |
---|
2340 | 2340 | | disaster recovery money authorized by the Consolidated Security, |
---|
2341 | 2341 | | Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. |
---|
2342 | 2342 | | L. No. 110-329), and the Consolidated and Further Continuing |
---|
2343 | 2343 | | Appropriations Act, 2012 (Pub. L. No. 112-55). Notwithstanding |
---|
2344 | 2344 | | Subsection (g)(2), and only to the extent necessary to satisfy the |
---|
2345 | 2345 | | requirements of the disaster recovery program, a replacement |
---|
2346 | 2346 | | structure described by that subdivision is not considered to be a |
---|
2347 | 2347 | | new improvement if to satisfy the requirements of the disaster |
---|
2348 | 2348 | | recovery program it was necessary that: |
---|
2349 | 2349 | | (1) the square footage of the replacement structure |
---|
2350 | 2350 | | exceed that of the replaced structure as that structure existed |
---|
2351 | 2351 | | before the casualty or damage occurred; or |
---|
2352 | 2352 | | (2) the exterior of the replacement structure be of |
---|
2353 | 2353 | | higher quality construction and composition than that of the |
---|
2354 | 2354 | | replaced structure. |
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2355 | 2355 | | SECTION 3.03. (a) Effective January 1, 2018, Sections |
---|
2356 | 2356 | | 25.19(b) and (g), Tax Code, are amended to read as follows: |
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2357 | 2357 | | (b) The chief appraiser shall separate real from personal |
---|
2358 | 2358 | | property and include in the notice for each: |
---|
2359 | 2359 | | (1) a list of the taxing units in which the property is |
---|
2360 | 2360 | | taxable; |
---|
2361 | 2361 | | (2) the appraised value of the property in the |
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2362 | 2362 | | preceding year; |
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2363 | 2363 | | (3) the taxable value of the property in the preceding |
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2364 | 2364 | | year for each taxing unit taxing the property; |
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2365 | 2365 | | (4) the appraised value of the property for the |
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2366 | 2366 | | current year, the kind and amount of each exemption and partial |
---|
2367 | 2367 | | exemption, if any, approved for the property for the current year |
---|
2368 | 2368 | | and for the preceding year, and, if an exemption or partial |
---|
2369 | 2369 | | exemption that was approved for the preceding year was canceled or |
---|
2370 | 2370 | | reduced for the current year, the amount of the exemption or partial |
---|
2371 | 2371 | | exemption canceled or reduced; |
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2372 | 2372 | | (4-a) a statement of whether the property qualifies |
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2373 | 2373 | | for the limitation on appraised value provided by Section 23.231; |
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2374 | 2374 | | (5) if the appraised value is greater than it was in |
---|
2375 | 2375 | | the preceding year, the amount of tax that would be imposed on the |
---|
2376 | 2376 | | property on the basis of the tax rate for the preceding year; |
---|
2377 | 2377 | | (6) in italic typeface, the following |
---|
2378 | 2378 | | statement: "The Texas Legislature does not set the amount of your |
---|
2379 | 2379 | | local taxes. Your property tax burden is decided by your locally |
---|
2380 | 2380 | | elected officials, and all inquiries concerning your taxes should |
---|
2381 | 2381 | | be directed to those officials"; |
---|
2382 | 2382 | | (7) a detailed explanation of the time and procedure |
---|
2383 | 2383 | | for protesting the value; |
---|
2384 | 2384 | | (8) the date and place the appraisal review board will |
---|
2385 | 2385 | | begin hearing protests; and |
---|
2386 | 2386 | | (9) a brief explanation that the governing body of |
---|
2387 | 2387 | | each taxing unit decides whether or not taxes on the property will |
---|
2388 | 2388 | | increase and the appraisal district only determines the value of |
---|
2389 | 2389 | | the property. |
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2390 | 2390 | | (g) By April 1 or as soon thereafter as practicable if the |
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2391 | 2391 | | property is a single-family residence that qualifies for an |
---|
2392 | 2392 | | exemption under Section 11.13, or by May 1 or as soon thereafter as |
---|
2393 | 2393 | | practicable in connection with any other property, the chief |
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2394 | 2394 | | appraiser shall deliver a written notice to the owner of each |
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2395 | 2395 | | property not included in a notice required to be delivered under |
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2396 | 2396 | | Subsection (a), if the property was reappraised in the current tax |
---|
2397 | 2397 | | year, if the ownership of the property changed during the preceding |
---|
2398 | 2398 | | year, or if the property owner or the agent of a property owner |
---|
2399 | 2399 | | authorized under Section 1.111 makes a written request for the |
---|
2400 | 2400 | | notice. The chief appraiser shall separate real from personal |
---|
2401 | 2401 | | property and include in the notice for each property: |
---|
2402 | 2402 | | (1) the appraised value of the property in the |
---|
2403 | 2403 | | preceding year; |
---|
2404 | 2404 | | (2) the appraised value of the property for the |
---|
2405 | 2405 | | current year and the kind of each partial exemption, if any, |
---|
2406 | 2406 | | approved for the current year; |
---|
2407 | 2407 | | (2-a) a statement of whether the property qualifies |
---|
2408 | 2408 | | for the limitation on appraised value provided by Section 23.231; |
---|
2409 | 2409 | | (3) a detailed explanation of the time and procedure |
---|
2410 | 2410 | | for protesting the value; and |
---|
2411 | 2411 | | (4) the date and place the appraisal review board will |
---|
2412 | 2412 | | begin hearing protests. |
---|
2413 | 2413 | | (b) Effective January 1, 2020, Sections 25.19(b) and (i), |
---|
2414 | 2414 | | Tax Code, are amended to read as follows: |
---|
2415 | 2415 | | (b) The chief appraiser shall separate real from personal |
---|
2416 | 2416 | | property and include in the notice for each: |
---|
2417 | 2417 | | (1) a list of the taxing units in which the property is |
---|
2418 | 2418 | | taxable; |
---|
2419 | 2419 | | (2) the appraised value of the property in the |
---|
2420 | 2420 | | preceding year; |
---|
2421 | 2421 | | (3) the taxable value of the property in the preceding |
---|
2422 | 2422 | | year for each taxing unit taxing the property; |
---|
2423 | 2423 | | (4) the appraised value of the property for the |
---|
2424 | 2424 | | current year, the kind and amount of each exemption and partial |
---|
2425 | 2425 | | exemption, if any, approved for the property for the current year |
---|
2426 | 2426 | | and for the preceding year, and, if an exemption or partial |
---|
2427 | 2427 | | exemption that was approved for the preceding year was canceled or |
---|
2428 | 2428 | | reduced for the current year, the amount of the exemption or partial |
---|
2429 | 2429 | | exemption canceled or reduced; |
---|
2430 | 2430 | | (4-a) a statement of whether the property qualifies |
---|
2431 | 2431 | | for the limitation on appraised value provided by Section 23.231; |
---|
2432 | 2432 | | (5) [if the appraised value is greater than it was in |
---|
2433 | 2433 | | the preceding year, the amount of tax that would be imposed on the |
---|
2434 | 2434 | | property on the basis of the tax rate for the preceding year; |
---|
2435 | 2435 | | [(6)] in italic typeface, the following |
---|
2436 | 2436 | | statement: "The Texas Legislature does not set the amount of your |
---|
2437 | 2437 | | local taxes. Your property tax burden is decided by your locally |
---|
2438 | 2438 | | elected officials, and all inquiries concerning your taxes should |
---|
2439 | 2439 | | be directed to those officials"; |
---|
2440 | 2440 | | (6) [(7)] a detailed explanation of the time and |
---|
2441 | 2441 | | procedure for protesting the value; |
---|
2442 | 2442 | | (7) [(8)] the date and place the appraisal review |
---|
2443 | 2443 | | board will begin hearing protests; and |
---|
2444 | 2444 | | (8) [(9)] a brief explanation that the governing body |
---|
2445 | 2445 | | of each taxing unit decides whether or not taxes on the property |
---|
2446 | 2446 | | will increase and the appraisal district only determines the value |
---|
2447 | 2447 | | of the property. |
---|
2448 | 2448 | | (i) Delivery with a notice required by Subsection (a) or (g) |
---|
2449 | 2449 | | of a copy of the pamphlet published by the comptroller under Section |
---|
2450 | 2450 | | 5.06 or a copy of the notice published by the chief appraiser under |
---|
2451 | 2451 | | Section 41.70 is sufficient to comply with the requirement that the |
---|
2452 | 2452 | | notice include the information specified by Subsection (b)(6) |
---|
2453 | 2453 | | [(b)(7)] or (g)(3), as applicable. |
---|
2454 | 2454 | | SECTION 3.04. Section 41.41(a), Tax Code, is amended to |
---|
2455 | 2455 | | read as follows: |
---|
2456 | 2456 | | (a) A property owner is entitled to protest before the |
---|
2457 | 2457 | | appraisal review board the following actions: |
---|
2458 | 2458 | | (1) determination of the appraised value of the |
---|
2459 | 2459 | | owner's property or, in the case of land appraised as provided by |
---|
2460 | 2460 | | Subchapter C, D, E, or H, Chapter 23, determination of its appraised |
---|
2461 | 2461 | | or market value; |
---|
2462 | 2462 | | (2) unequal appraisal of the owner's property; |
---|
2463 | 2463 | | (3) inclusion of the owner's property on the appraisal |
---|
2464 | 2464 | | records; |
---|
2465 | 2465 | | (4) denial to the property owner in whole or in part of |
---|
2466 | 2466 | | a partial exemption; |
---|
2467 | 2467 | | (4-a) determination that the owner's property does not |
---|
2468 | 2468 | | qualify for the limitation on appraised value provided by Section |
---|
2469 | 2469 | | 23.231; |
---|
2470 | 2470 | | (5) determination that the owner's land does not |
---|
2471 | 2471 | | qualify for appraisal as provided by Subchapter C, D, E, or H, |
---|
2472 | 2472 | | Chapter 23; |
---|
2473 | 2473 | | (6) identification of the taxing units in which the |
---|
2474 | 2474 | | owner's property is taxable in the case of the appraisal district's |
---|
2475 | 2475 | | appraisal roll; |
---|
2476 | 2476 | | (7) determination that the property owner is the owner |
---|
2477 | 2477 | | of property; |
---|
2478 | 2478 | | (8) a determination that a change in use of land |
---|
2479 | 2479 | | appraised under Subchapter C, D, E, or H, Chapter 23, has occurred; |
---|
2480 | 2480 | | or |
---|
2481 | 2481 | | (9) any other action of the chief appraiser, appraisal |
---|
2482 | 2482 | | district, or appraisal review board that applies to and adversely |
---|
2483 | 2483 | | affects the property owner. |
---|
2484 | 2484 | | SECTION 3.05. Section 42.26(d), Tax Code, is amended to |
---|
2485 | 2485 | | read as follows: |
---|
2486 | 2486 | | (d) For purposes of this section, the value of the property |
---|
2487 | 2487 | | subject to the suit and the value of a comparable property or sample |
---|
2488 | 2488 | | property that is used for comparison must be the market value |
---|
2489 | 2489 | | determined by the appraisal district when the property is [a |
---|
2490 | 2490 | | residence homestead] subject to the limitation on appraised value |
---|
2491 | 2491 | | imposed by Section 23.23 or 23.231. |
---|
2492 | 2492 | | SECTION 3.06. Sections 403.302(d) and (i), Government Code, |
---|
2493 | 2493 | | are amended to read as follows: |
---|
2494 | 2494 | | (d) For the purposes of this section, "taxable value" means |
---|
2495 | 2495 | | the market value of all taxable property less: |
---|
2496 | 2496 | | (1) the total dollar amount of any residence homestead |
---|
2497 | 2497 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
---|
2498 | 2498 | | Code, in the year that is the subject of the study for each school |
---|
2499 | 2499 | | district; |
---|
2500 | 2500 | | (2) one-half of the total dollar amount of any |
---|
2501 | 2501 | | residence homestead exemptions granted under Section 11.13(n), Tax |
---|
2502 | 2502 | | Code, in the year that is the subject of the study for each school |
---|
2503 | 2503 | | district; |
---|
2504 | 2504 | | (3) the total dollar amount of any exemptions granted |
---|
2505 | 2505 | | before May 31, 1993, within a reinvestment zone under agreements |
---|
2506 | 2506 | | authorized by Chapter 312, Tax Code; |
---|
2507 | 2507 | | (4) subject to Subsection (e), the total dollar amount |
---|
2508 | 2508 | | of any captured appraised value of property that: |
---|
2509 | 2509 | | (A) is within a reinvestment zone created on or |
---|
2510 | 2510 | | before May 31, 1999, or is proposed to be included within the |
---|
2511 | 2511 | | boundaries of a reinvestment zone as the boundaries of the zone and |
---|
2512 | 2512 | | the proposed portion of tax increment paid into the tax increment |
---|
2513 | 2513 | | fund by a school district are described in a written notification |
---|
2514 | 2514 | | provided by the municipality or the board of directors of the zone |
---|
2515 | 2515 | | to the governing bodies of the other taxing units in the manner |
---|
2516 | 2516 | | provided by former Section 311.003(e), Tax Code, before May 31, |
---|
2517 | 2517 | | 1999, and within the boundaries of the zone as those boundaries |
---|
2518 | 2518 | | existed on September 1, 1999, including subsequent improvements to |
---|
2519 | 2519 | | the property regardless of when made; |
---|
2520 | 2520 | | (B) generates taxes paid into a tax increment |
---|
2521 | 2521 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
---|
2522 | 2522 | | financing plan approved under Section 311.011(d), Tax Code, on or |
---|
2523 | 2523 | | before September 1, 1999; and |
---|
2524 | 2524 | | (C) is eligible for tax increment financing under |
---|
2525 | 2525 | | Chapter 311, Tax Code; |
---|
2526 | 2526 | | (5) the total dollar amount of any captured appraised |
---|
2527 | 2527 | | value of property that: |
---|
2528 | 2528 | | (A) is within a reinvestment zone: |
---|
2529 | 2529 | | (i) created on or before December 31, 2008, |
---|
2530 | 2530 | | by a municipality with a population of less than 18,000; and |
---|
2531 | 2531 | | (ii) the project plan for which includes |
---|
2532 | 2532 | | the alteration, remodeling, repair, or reconstruction of a |
---|
2533 | 2533 | | structure that is included on the National Register of Historic |
---|
2534 | 2534 | | Places and requires that a portion of the tax increment of the zone |
---|
2535 | 2535 | | be used for the improvement or construction of related facilities |
---|
2536 | 2536 | | or for affordable housing; |
---|
2537 | 2537 | | (B) generates school district taxes that are paid |
---|
2538 | 2538 | | into a tax increment fund created under Chapter 311, Tax Code; and |
---|
2539 | 2539 | | (C) is eligible for tax increment financing under |
---|
2540 | 2540 | | Chapter 311, Tax Code; |
---|
2541 | 2541 | | (6) the total dollar amount of any exemptions granted |
---|
2542 | 2542 | | under Section 11.251 or 11.253, Tax Code; |
---|
2543 | 2543 | | (7) the difference between the comptroller's estimate |
---|
2544 | 2544 | | of the market value and the productivity value of land that |
---|
2545 | 2545 | | qualifies for appraisal on the basis of its productive capacity, |
---|
2546 | 2546 | | except that the productivity value estimated by the comptroller may |
---|
2547 | 2547 | | not exceed the fair market value of the land; |
---|
2548 | 2548 | | (8) the portion of the appraised value of residence |
---|
2549 | 2549 | | homesteads of individuals who receive a tax limitation under |
---|
2550 | 2550 | | Section 11.26, Tax Code, on which school district taxes are not |
---|
2551 | 2551 | | imposed in the year that is the subject of the study, calculated as |
---|
2552 | 2552 | | if the residence homesteads were appraised at the full value |
---|
2553 | 2553 | | required by law; |
---|
2554 | 2554 | | (9) a portion of the market value of property not |
---|
2555 | 2555 | | otherwise fully taxable by the district at market value because of: |
---|
2556 | 2556 | | (A) action required by statute or the |
---|
2557 | 2557 | | constitution of this state, other than Section 11.311, Tax Code, |
---|
2558 | 2558 | | that, if the tax rate adopted by the district is applied to it, |
---|
2559 | 2559 | | produces an amount equal to the difference between the tax that the |
---|
2560 | 2560 | | district would have imposed on the property if the property were |
---|
2561 | 2561 | | fully taxable at market value and the tax that the district is |
---|
2562 | 2562 | | actually authorized to impose on the property, if this subsection |
---|
2563 | 2563 | | does not otherwise require that portion to be deducted; or |
---|
2564 | 2564 | | (B) action taken by the district under Subchapter |
---|
2565 | 2565 | | B or C, Chapter 313, Tax Code, before the expiration of the |
---|
2566 | 2566 | | subchapter; |
---|
2567 | 2567 | | (10) the market value of all tangible personal |
---|
2568 | 2568 | | property, other than manufactured homes, owned by a family or |
---|
2569 | 2569 | | individual and not held or used for the production of income; |
---|
2570 | 2570 | | (11) the appraised value of property the collection of |
---|
2571 | 2571 | | delinquent taxes on which is deferred under Section 33.06, Tax |
---|
2572 | 2572 | | Code; |
---|
2573 | 2573 | | (12) the portion of the appraised value of property |
---|
2574 | 2574 | | the collection of delinquent taxes on which is deferred under |
---|
2575 | 2575 | | Section 33.065, Tax Code; and |
---|
2576 | 2576 | | (13) the amount by which the market value of property |
---|
2577 | 2577 | | [a residence homestead] to which Section 23.23 or 23.231, Tax Code, |
---|
2578 | 2578 | | applies exceeds the appraised value of that property as calculated |
---|
2579 | 2579 | | under Section 23.23 or 23.231, Tax Code, as applicable [that |
---|
2580 | 2580 | | section]. |
---|
2581 | 2581 | | (i) If the comptroller determines in the study that the |
---|
2582 | 2582 | | market value of property in a school district as determined by the |
---|
2583 | 2583 | | appraisal district that appraises property for the school district, |
---|
2584 | 2584 | | less the total of the amounts and values listed in Subsection (d) as |
---|
2585 | 2585 | | determined by that appraisal district, is valid, the comptroller, |
---|
2586 | 2586 | | in determining the taxable value of property in the school district |
---|
2587 | 2587 | | under Subsection (d), shall for purposes of Subsection (d)(13) |
---|
2588 | 2588 | | subtract from the market value as determined by the appraisal |
---|
2589 | 2589 | | district of properties [residence homesteads] to which Section |
---|
2590 | 2590 | | 23.23 or 23.231, Tax Code, applies the amount by which that amount |
---|
2591 | 2591 | | exceeds the appraised value of those properties as calculated by |
---|
2592 | 2592 | | the appraisal district under Section 23.23 or 23.231, Tax Code, as |
---|
2593 | 2593 | | applicable. If the comptroller determines in the study that the |
---|
2594 | 2594 | | market value of property in a school district as determined by the |
---|
2595 | 2595 | | appraisal district that appraises property for the school district, |
---|
2596 | 2596 | | less the total of the amounts and values listed in Subsection (d) as |
---|
2597 | 2597 | | determined by that appraisal district, is not valid, the |
---|
2598 | 2598 | | comptroller, in determining the taxable value of property in the |
---|
2599 | 2599 | | school district under Subsection (d), shall for purposes of |
---|
2600 | 2600 | | Subsection (d)(13) subtract from the market value as estimated by |
---|
2601 | 2601 | | the comptroller of properties [residence homesteads] to which |
---|
2602 | 2602 | | Section 23.23 or 23.231, Tax Code, applies the amount by which that |
---|
2603 | 2603 | | amount exceeds the appraised value of those properties as |
---|
2604 | 2604 | | calculated by the appraisal district under Section 23.23 or 23.231, |
---|
2605 | 2605 | | Tax Code, as applicable. |
---|
2606 | 2606 | | SECTION 3.07. This article applies only to the appraisal of |
---|
2607 | 2607 | | commercial or industrial real property for ad valorem tax purposes |
---|
2608 | 2608 | | for a tax year that begins on or after January 1, 2018. |
---|
2609 | 2609 | | SECTION 3.08. Except as otherwise provided by this article, |
---|
2610 | 2610 | | this article takes effect January 1, 2018, but only if the |
---|
2611 | 2611 | | constitutional amendment proposed by the 85th Legislature, 1st |
---|
2612 | 2612 | | Called Session, 2017, to authorize the legislature to limit |
---|
2613 | 2613 | | increases in the appraised value of commercial or industrial real |
---|
2614 | 2614 | | property for ad valorem tax purposes to 20 percent or more of the |
---|
2615 | 2615 | | appraised value of the property for the preceding tax year is |
---|
2616 | 2616 | | approved by the voters. If that amendment is not approved by the |
---|
2617 | 2617 | | voters, this article has no effect. |
---|
2618 | 2618 | | ARTICLE 4. EFFECTIVE DATE |
---|
2619 | 2619 | | SECTION 4.01. Except as otherwise provided by this Act, |
---|
2620 | 2620 | | this Act takes effect January 1, 2018. |
---|