Texas 2017 - 85th 1st C.S.

Texas House Bill HB3 Compare Versions

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11 85S10083 SMH/TJB-F
22 By: Bonnen of Brazoria H.B. No. 3
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to ad valorem taxation; authorizing fees.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 ARTICLE 1. SHORT TITLE
1010 SECTION 1.01. This Act may be cited as the Property Tax
1111 Payer Empowerment Act of 2017.
1212 ARTICLE 2. ADMINISTRATION OF AD VALOREM TAX SYSTEM
1313 SECTION 2.01. Section 1.085(a), Tax Code, is amended to
1414 read as follows:
1515 (a) Notwithstanding any other provision in this title and
1616 except as provided by this section, any notice, rendition,
1717 application form, or completed application, or information
1818 requested under Section 41.461(a)(2), that is required or permitted
1919 by this title to be delivered between a chief appraiser, an
2020 appraisal district, an appraisal review board, or any combination
2121 of those persons and a property owner or [between a chief appraiser,
2222 an appraisal district, an appraisal review board, or any
2323 combination of those persons and] a person designated by a property
2424 owner under Section 1.111(f) may be delivered in an electronic
2525 format if the chief appraiser and the property owner or person
2626 designated by the owner agree under this section.
2727 SECTION 2.02. Chapter 5, Tax Code, is amended by adding
2828 Section 5.01 to read as follows:
2929 Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD.
3030 (a) The comptroller shall appoint the property tax administration
3131 advisory board to advise the comptroller with respect to the
3232 division or divisions within the office of the comptroller with
3333 primary responsibility for state administration of property
3434 taxation and state oversight of appraisal districts and local tax
3535 offices. The advisory board may make recommendations to the
3636 comptroller regarding improving the effectiveness and efficiency
3737 of the property tax system, best practices, and complaint
3838 resolution procedures. The comptroller shall post the
3939 recommendations of the advisory board on the comptroller's Internet
4040 website.
4141 (b) The advisory board is composed of at least six members
4242 appointed by the comptroller. The members of the board should
4343 include:
4444 (1) representatives of property tax payers, appraisal
4545 districts, and school districts; and
4646 (2) a person who has knowledge or experience in
4747 conducting ratio studies.
4848 (c) The members of the advisory board serve at the pleasure
4949 of the comptroller.
5050 (d) Any advice to the comptroller relating to a matter
5151 described by Subsection (a) that is provided by a member of the
5252 advisory board must be provided at a meeting called by the
5353 comptroller.
5454 (e) Chapter 2110, Government Code, does not apply to the
5555 advisory board.
5656 SECTION 2.03. Sections 5.041(b), (c), and (e-1), Tax Code,
5757 are amended to read as follows:
5858 (b) A member of the appraisal review board established for
5959 an appraisal district must complete the course established under
6060 Subsection (a). The course must provide at least eight hours of
6161 classroom training and education. A member of the appraisal review
6262 board may not participate in a hearing conducted by the board unless
6363 the person has completed the course established under Subsection
6464 (a) and received a certificate of course completion.
6565 (c) The comptroller may contract with service providers to
6666 assist with the duties imposed under Subsection (a), but the course
6767 required may not be provided by an appraisal district, the chief
6868 appraiser or another employee of an appraisal district, a member of
6969 the board of directors of an appraisal district, a member of an
7070 appraisal review board, or a taxing unit. The comptroller may
7171 assess a fee to recover a portion of the costs incurred for the
7272 training course, but the fee may not exceed $50 per person trained.
7373 If the training is provided to an individual other than a member of
7474 an appraisal review board, the comptroller may assess a fee not to
7575 exceed $50 per person trained.
7676 (e-1) In addition to the course established under
7777 Subsection (a), the comptroller shall approve curricula and provide
7878 materials for use in a continuing education course for members of an
7979 appraisal review board. The course must provide at least four hours
8080 of classroom training and education. The curricula and materials
8181 must include information regarding:
8282 (1) the cost, income, and market data comparison
8383 methods of appraising property;
8484 (2) the appraisal of business personal property;
8585 (3) the determination of capitalization rates for
8686 property appraisal purposes;
8787 (4) the duties of an appraisal review board;
8888 (5) the requirements regarding the independence of an
8989 appraisal review board from the board of directors and the chief
9090 appraiser and other employees of the appraisal district;
9191 (6) the prohibitions against ex parte communications
9292 applicable to appraisal review board members;
9393 (7) the Uniform Standards of Professional Appraisal
9494 Practice;
9595 (8) the duty of the appraisal district to substantiate
9696 the district's determination of the value of property;
9797 (9) the requirements regarding the equal and uniform
9898 appraisal of property;
9999 (10) the right of a property owner to protest the
100100 appraisal of the property as provided by Chapter 41; and
101101 (11) a detailed explanation of each of the actions
102102 described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413,
103103 41.42, and 41.43 so that members are fully aware of each of the
104104 grounds on which a property appraisal can be appealed.
105105 SECTION 2.04. Chapter 5, Tax Code, is amended by adding
106106 Section 5.043 to read as follows:
107107 Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section
108108 applies only to persons who have agreed to serve as arbitrators
109109 under Chapter 41A.
110110 (b) The comptroller shall:
111111 (1) approve curricula and provide an arbitration
112112 manual and other materials for use in training and educating
113113 arbitrators;
114114 (2) make all materials for use in training and
115115 educating arbitrators freely available online; and
116116 (3) establish and supervise a training program on
117117 property tax law for the training and education of arbitrators.
118118 (c) The training program must:
119119 (1) emphasize the requirements regarding the equal and
120120 uniform appraisal of property; and
121121 (2) be at least four hours in length.
122122 (d) The training program may be provided online. The
123123 comptroller by rule may prescribe the manner by which the
124124 comptroller may verify that a person taking the training program
125125 online has taken and completed the program.
126126 (e) The comptroller may contract with service providers to
127127 assist with the duties imposed under Subsection (b), but the
128128 training program may not be provided by an appraisal district, the
129129 chief appraiser or another employee of an appraisal district, a
130130 member of the board of directors of an appraisal district, a member
131131 of an appraisal review board, or a taxing unit. The comptroller may
132132 assess a fee to recover a portion of the costs incurred for the
133133 training program, but the fee may not exceed $50 for each person
134134 trained.
135135 (f) The comptroller shall prepare an arbitration manual for
136136 use in the training program. The manual shall be updated regularly
137137 and may be revised on request, in writing, to the comptroller. The
138138 revised language must be approved by the unanimous agreement of a
139139 committee selected by the comptroller and representing, equally,
140140 taxpayers and chief appraisers. The person requesting the revision
141141 must pay the costs of mediation if the comptroller determines that
142142 mediation is required.
143143 SECTION 2.05. Section 5.07, Tax Code, is amended by adding
144144 Subsections (f), (g), (h), and (i) to read as follows:
145145 (f) In conjunction with prescribing a uniform record system
146146 to be used by all appraisal districts as required by Subsection (c),
147147 the comptroller shall prescribe tax rate calculation forms to be
148148 used by the designated officer or employee of each:
149149 (1) taxing unit other than a school district to
150150 calculate and submit the no-new-revenue tax rate and the rollback
151151 tax rate for the unit as required by Chapter 26; and
152152 (2) school district to calculate and submit the
153153 no-new-revenue tax rate, the rollback tax rate, and the rate to
154154 maintain the same amount of state and local revenue per weighted
155155 student that the district received in the school year beginning in
156156 the preceding tax year as required by Chapter 26.
157157 (g) The forms described by Subsection (f) must be in an
158158 electronic format and:
159159 (1) have blanks that can be filled in electronically;
160160 (2) be capable of being certified by the designated
161161 officer or employee after completion as accurately calculating the
162162 applicable tax rates and using values that are the same as the
163163 values shown in the taxing unit's certified appraisal roll; and
164164 (3) be capable of being submitted electronically to
165165 the chief appraiser of each appraisal district in which the taxing
166166 unit is located.
167167 (h) For purposes of Subsections (f) and (g), the comptroller
168168 shall use the forms published on the comptroller's Internet website
169169 as of January 1, 2017, as modified as necessary to comply with the
170170 requirements of those subsections. The forms may be updated at the
171171 discretion of the comptroller to reflect any statutory change in
172172 the values used to calculate a tax rate or to reflect formatting or
173173 other nonsubstantive changes.
174174 (i) The comptroller may revise the forms to reflect
175175 statutory changes other than those described by Subsection (h) or
176176 on receipt of a request in writing. A revision under this
177177 subsection must be approved by the agreement of a majority of the
178178 members of a committee selected by the comptroller who are present
179179 at a committee meeting at which a quorum is present. The members of
180180 the committee must represent, equally, taxpayers and either taxing
181181 units or persons designated by taxing units. In the case of a
182182 revision for which the comptroller receives a request in writing,
183183 the person requesting the revision shall pay the costs of mediation
184184 if the comptroller determines that mediation is required.
185185 SECTION 2.06. Section 5.091, Tax Code, is amended to read as
186186 follows:
187187 Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the
188188 comptroller shall prepare a list that includes the total tax rate
189189 imposed by each taxing unit in this state, as [other than a school
190190 district, if the tax rate is] reported to the comptroller by each
191191 appraisal district, for the year [preceding the year] in which the
192192 list is prepared. The comptroller shall:
193193 (1) prescribe the manner in which and deadline by
194194 which appraisal districts are required to submit the tax rates to
195195 the comptroller; and
196196 (2) list the tax rates alphabetically according to:
197197 (A) the county or counties in which each taxing
198198 unit is located; and
199199 (B) the name of each taxing unit [in descending
200200 order].
201201 (b) Not later than January 1 [December 31] of the following
202202 [each] year, the comptroller shall publish on the comptroller's
203203 Internet website the list required by Subsection (a).
204204 SECTION 2.07. Section 5.102(a), Tax Code, is amended to
205205 read as follows:
206206 (a) At least once every two years, the comptroller shall
207207 review the governance of each appraisal district, taxpayer
208208 assistance provided, and the operating and appraisal standards,
209209 procedures, and methodology used by each appraisal district, to
210210 determine compliance with generally accepted standards,
211211 procedures, and methodology. After consultation with the property
212212 tax administration advisory board [committee created under Section
213213 403.302, Government Code], the comptroller by rule may establish
214214 procedures and standards for conducting and scoring the review.
215215 SECTION 2.08. Chapter 5, Tax Code, is amended by adding
216216 Section 5.104 to read as follows:
217217 Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The
218218 comptroller shall prepare:
219219 (1) an appraisal review board survey form that allows
220220 an individual described by Subsection (b) to submit comments and
221221 suggestions to the comptroller regarding an appraisal review board;
222222 and
223223 (2) instructions for completing and submitting the
224224 form.
225225 (b) The following individuals may complete and submit a
226226 survey form under this section:
227227 (1) a property owner who files a motion under Section
228228 25.25 to correct the appraisal roll or a protest under Chapter 41;
229229 (2) the designated agent of the property owner; or
230230 (3) a designated representative of the appraisal
231231 district in which the motion or protest is filed who attends the
232232 hearing on the motion or protest.
233233 (c) The survey form must allow an individual to submit
234234 comments and suggestions regarding:
235235 (1) the matters listed in Section 5.103(b); and
236236 (2) any other matter related to the fairness and
237237 efficiency of the appraisal review board.
238238 (d) An appraisal district must provide the survey form and
239239 the instructions for completing and submitting the form to each
240240 property owner or designated agent of the owner:
241241 (1) at or before each hearing conducted under Section
242242 25.25 or Chapter 41 by the appraisal review board established for
243243 the appraisal district or by a panel of the board; and
244244 (2) with each order under Section 25.25 or 41.47
245245 determining a motion or protest, as applicable, delivered by the
246246 board or by a panel of the board.
247247 (e) An individual who elects to submit the survey form must
248248 submit the form to the comptroller as provided by this section. An
249249 appraisal district may not accept a survey form submitted under
250250 this section. An individual may submit only one survey form for
251251 each motion or protest.
252252 (f) The comptroller shall allow an individual to submit a
253253 survey form to the comptroller in the following manner:
254254 (1) in person;
255255 (2) by mail;
256256 (3) by electronic mail; or
257257 (4) through a web page on the comptroller's Internet
258258 website that allows the individual to complete and submit the form.
259259 (g) An appraisal district may not require a property owner
260260 or the designated agent of the owner to complete a survey form at
261261 the appraisal office in order to be permitted to submit the form to
262262 the comptroller.
263263 (h) A property owner or the designated agent of the owner
264264 who elects to submit a survey form provided to the owner or agent
265265 under Subsection (d)(1) or (2) must submit the form not later than
266266 the earlier of the 45th day after the date:
267267 (1) the form is sent to the owner or agent under
268268 Subsection (d)(2); or
269269 (2) the matter that is the subject of the protest is
270270 finally resolved if the protest is settled or otherwise resolved in
271271 a manner that does not require the issuance of an order described by
272272 Subsection (d)(2).
273273 (i) A designated representative of an appraisal district
274274 who elects to submit a survey form following a hearing conducted
275275 under Section 25.25 or Chapter 41 must submit the form not later
276276 than the 45th day after the date the form is sent to the property
277277 owner or designated agent of the owner under Subsection (d)(2)
278278 following that hearing.
279279 (j) The comptroller shall issue an annual report that
280280 summarizes the information included in the survey forms submitted
281281 during the preceding year. The report may not disclose the identity
282282 of an individual who submitted a survey form.
283283 (k) The comptroller may adopt rules necessary to implement
284284 this section.
285285 SECTION 2.09. Section 6.41, Tax Code, is amended by
286286 amending Subsections (b) and (d-9) and adding Subsections (b-1),
287287 (b-2), and (d-10) to read as follows:
288288 (b) Except as provided by Subsection (b-1) or (b-2), an
289289 appraisal review [The] board consists of three members.
290290 (b-1) An appraisal [However, the] district board of
291291 directors by resolution of a majority of the board's [its] members
292292 may increase the size of the district's appraisal review board to
293293 the number of members the board of directors considers appropriate.
294294 (b-2) An appraisal district board of directors for a
295295 district established in a county with a population of one million or
296296 more by resolution of a majority of the board's members shall
297297 increase the size of the district's appraisal review board to the
298298 number of members the board of directors considers appropriate to
299299 manage the duties of the appraisal review board, including the
300300 duties of each special panel established under Section 6.425.
301301 (d-9) In selecting individuals who are to serve as members
302302 of the appraisal review board, the local administrative district
303303 judge shall select an adequate number of qualified individuals to
304304 permit the chairman of the appraisal review board to fill the
305305 positions on each special panel established under Section 6.425.
306306 (d-10) Upon selection of the individuals who are to serve as
307307 members of the appraisal review board, the local administrative
308308 district judge shall enter an appropriate order designating such
309309 members and setting each member's respective term of office, as
310310 provided elsewhere in this section.
311311 SECTION 2.10. Sections 6.412(a) and (d), Tax Code, are
312312 amended to read as follows:
313313 (a) An individual is ineligible to serve on an appraisal
314314 review board if the individual:
315315 (1) is related within the second degree by
316316 consanguinity or affinity, as determined under Chapter 573,
317317 Government Code, to an individual who is engaged in the business of
318318 appraising property for compensation for use in proceedings under
319319 this title or of representing property owners for compensation in
320320 proceedings under this title in the appraisal district for which
321321 the appraisal review board is established;
322322 (2) owns property on which delinquent taxes have been
323323 owed to a taxing unit for more than 60 days after the date the
324324 individual knew or should have known of the delinquency unless:
325325 (A) the delinquent taxes and any penalties and
326326 interest are being paid under an installment payment agreement
327327 under Section 33.02; or
328328 (B) a suit to collect the delinquent taxes is
329329 deferred or abated under Section 33.06 or 33.065; or
330330 (3) is related within the third degree by
331331 consanguinity or within the second degree by affinity, as
332332 determined under Chapter 573, Government Code, to a member of:
333333 (A) the appraisal district's board of directors;
334334 or
335335 (B) the appraisal review board.
336336 (d) A person is ineligible to serve on the appraisal review
337337 board of an appraisal district established for a county described
338338 by Section 6.41(d-1) [having a population of more than 100,000] if
339339 the person:
340340 (1) is a former member of the board of directors,
341341 former officer, or former employee of the appraisal district;
342342 (2) served as a member of the governing body or officer
343343 of a taxing unit for which the appraisal district appraises
344344 property, until the fourth anniversary of the date the person
345345 ceased to be a member or officer; [or]
346346 (3) appeared before the appraisal review board for
347347 compensation during the two-year period preceding the date the
348348 person is appointed; or
349349 (4) served for all or part of three previous terms as a
350350 board member or auxiliary board member on the appraisal review
351351 board.
352352 SECTION 2.11. Section 6.414(d), Tax Code, is amended to
353353 read as follows:
354354 (d) An auxiliary board member may hear taxpayer protests
355355 before the appraisal review board. An auxiliary board member may
356356 not hear taxpayer protests before a special panel established under
357357 Section 6.425 unless the member is eligible to be appointed to the
358358 special panel. If one or more auxiliary board members sit on a
359359 panel established under Section 6.425 or 41.45 to conduct a protest
360360 hearing, the number of regular appraisal review board members
361361 required by that section to constitute the panel is reduced by the
362362 number of auxiliary board members sitting. An auxiliary board
363363 member sitting on a panel is considered a regular board member for
364364 all purposes related to the conduct of the hearing.
365365 SECTION 2.12. Section 6.42, Tax Code, is amended by
366366 amending Subsection (a) and adding Subsection (d) to read as
367367 follows:
368368 (a) A majority of the appraisal review board constitutes a
369369 quorum. The local administrative district judge under Subchapter
370370 D, Chapter 74, Government Code, in the county in which [board of
371371 directors of] the appraisal district is established [by resolution]
372372 shall select a chairman and a secretary from among the members of
373373 the appraisal review board. The judge [board of directors of the
374374 appraisal district] is encouraged to select as chairman [of the
375375 appraisal review board] a member of the appraisal review board, if
376376 any, who has a background in law and property appraisal.
377377 (d) The concurrence of a majority of the members of the
378378 appraisal review board or a panel of the board present at a meeting
379379 of the board or panel is sufficient for a recommendation,
380380 determination, decision, or other action by the board or panel, and
381381 the concurrence of more than a majority of the members of the board
382382 or panel may not be required.
383383 SECTION 2.13. Subchapter C, Chapter 6, Tax Code, is amended
384384 by adding Section 6.425 to read as follows:
385385 Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN
386386 CERTAIN DISTRICTS. (a) This section applies only to the appraisal
387387 review board for an appraisal district described by Section
388388 6.41(b-2).
389389 (b) The appraisal review board shall establish special
390390 panels to conduct protest hearings under Chapter 41 relating to
391391 property that:
392392 (1) has an appraised value of $50 million or more as
393393 determined by the appraisal district; and
394394 (2) is included in one of the following
395395 classifications:
396396 (A) commercial real and personal property;
397397 (B) real and personal property of utilities;
398398 (C) industrial and manufacturing real and
399399 personal property; and
400400 (D) multifamily residential real property.
401401 (c) Each special panel described by this section consists of
402402 three members of the appraisal review board appointed by the
403403 chairman of the board.
404404 (d) To be eligible to be appointed to a special panel
405405 described by this section, a member of the appraisal review board
406406 must:
407407 (1) hold a juris doctor or equivalent degree;
408408 (2) hold a master of business administration degree;
409409 (3) be licensed as a certified public accountant under
410410 Chapter 901, Occupations Code;
411411 (4) be accredited by the American Society of
412412 Appraisers as an accredited senior appraiser;
413413 (5) possess an MAI professional designation from the
414414 Appraisal Institute;
415415 (6) possess a Certified Assessment Evaluator (CAE)
416416 professional designation from the International Association of
417417 Assessing Officers;
418418 (7) have at least 20 years of experience in property
419419 tax appraisal or consulting; or
420420 (8) be licensed as a real estate broker or sales agent
421421 under Chapter 1101, Occupations Code.
422422 (e) Notwithstanding Subsection (d), the chairman of the
423423 appraisal review board may appoint to a special panel described by
424424 this section a member of the appraisal review board who does not
425425 meet the qualifications prescribed by that subsection if:
426426 (1) the number of persons appointed to the board by the
427427 local administrative district judge who meet those qualifications
428428 is not sufficient to fill the positions on each special panel; and
429429 (2) the board member being appointed to the panel
430430 holds a bachelor's degree in any field.
431431 (f) In addition to conducting protest hearings relating to
432432 property described by Subsection (b) of this section, a special
433433 panel may conduct protest hearings under Chapter 41 relating to
434434 property not described by Subsection (b) of this section as
435435 assigned by the chairman of the appraisal review board.
436436 SECTION 2.14. Effective January 1, 2019, Section 25.19, Tax
437437 Code, is amended by adding Subsections (b-3) and (b-4) to read as
438438 follows:
439439 (b-3) This subsection applies only to an appraisal district
440440 described by Section 6.41(b-2). In addition to the information
441441 required by Subsection (b), the chief appraiser shall state in a
442442 notice of appraised value of property described by Section 6.425(b)
443443 that the property owner has the right to have a protest relating to
444444 the property heard by a special panel of the appraisal review board.
445445 (b-4) Subsection (b)(5) applies only to a notice of
446446 appraised value required to be delivered by the chief appraiser of
447447 an appraisal district established in a county with a population of
448448 less than 120,000. This subsection expires January 1, 2020.
449449 SECTION 2.15. (a) This section takes effect only if Article
450450 3 of this Act does not take effect.
451451 (b) Effective January 1, 2020, Sections 25.19(b) and (i),
452452 Tax Code, are amended to read as follows:
453453 (b) The chief appraiser shall separate real from personal
454454 property and include in the notice for each:
455455 (1) a list of the taxing units in which the property is
456456 taxable;
457457 (2) the appraised value of the property in the
458458 preceding year;
459459 (3) the taxable value of the property in the preceding
460460 year for each taxing unit taxing the property;
461461 (4) the appraised value of the property for the
462462 current year, the kind and amount of each exemption and partial
463463 exemption, if any, approved for the property for the current year
464464 and for the preceding year, and, if an exemption or partial
465465 exemption that was approved for the preceding year was canceled or
466466 reduced for the current year, the amount of the exemption or partial
467467 exemption canceled or reduced;
468468 (5) [if the appraised value is greater than it was in
469469 the preceding year, the amount of tax that would be imposed on the
470470 property on the basis of the tax rate for the preceding year;
471471 [(6)] in italic typeface, the following
472472 statement: "The Texas Legislature does not set the amount of your
473473 local taxes. Your property tax burden is decided by your locally
474474 elected officials, and all inquiries concerning your taxes should
475475 be directed to those officials";
476476 (6) [(7)] a detailed explanation of the time and
477477 procedure for protesting the value;
478478 (7) [(8)] the date and place the appraisal review
479479 board will begin hearing protests; and
480480 (8) [(9)] a brief explanation that the governing body
481481 of each taxing unit decides whether or not taxes on the property
482482 will increase and the appraisal district only determines the value
483483 of the property.
484484 (i) Delivery with a notice required by Subsection (a) or (g)
485485 of a copy of the pamphlet published by the comptroller under Section
486486 5.06 or a copy of the notice published by the chief appraiser under
487487 Section 41.70 is sufficient to comply with the requirement that the
488488 notice include the information specified by Subsection (b)(6)
489489 [(b)(7)] or (g)(3), as applicable.
490490 SECTION 2.16. Section 25.25(c), Tax Code, is amended to
491491 read as follows:
492492 (c) The appraisal review board, on motion of the chief
493493 appraiser or of a property owner, may direct by written order
494494 changes in the appraisal roll for any of the five preceding years to
495495 correct:
496496 (1) clerical errors that affect a property owner's
497497 liability for a tax imposed in that tax year;
498498 (2) multiple appraisals of a property in that tax
499499 year;
500500 (3) the inclusion of property that does not exist in
501501 the form or at the location described in the appraisal roll; [or]
502502 (4) an error in which property is shown as owned by a
503503 person who did not own the property on January 1 of that tax year; or
504504 (5) an error in the square footage of a property
505505 described in the appraisal roll and any error in the appraised value
506506 of the property that resulted from that error.
507507 SECTION 2.17. Section 26.012(9), Tax Code, is redesignated
508508 as Section 26.012(18), Tax Code, and amended to read as follows:
509509 (18) "No-new-revenue [(9) "Effective] maintenance
510510 and operations rate" means a rate expressed in dollars per $100 of
511511 taxable value and calculated according to the following formula:
512512 NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS
513513 RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST
514514 YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE -
515515 NEW PROPERTY VALUE)
516516 SECTION 2.18. The heading to Section 26.04, Tax Code, is
517517 amended to read as follows:
518518 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
519519 NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES.
520520 SECTION 2.19. Section 26.04, Tax Code, is amended by
521521 amending Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and
522522 (j) and adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) to
523523 read as follows:
524524 (b) The assessor shall submit the appraisal roll for the
525525 unit showing the total appraised, assessed, and taxable values of
526526 all property and the total taxable value of new property to the
527527 governing body of the unit by August 1 or as soon thereafter as
528528 practicable. By August 1 or as soon thereafter as practicable, the
529529 taxing unit's collector shall certify [an estimate of] the
530530 anticipated collection rate, as defined by Subsection (h), for the
531531 current year to the governing body. If the collector certified an
532532 anticipated collection rate in the preceding year and the actual
533533 collection rate in that year exceeded the anticipated rate, the
534534 collector shall also certify the amount of debt taxes collected in
535535 excess of the anticipated amount in the preceding year.
536536 (c) After the assessor for the unit submits the appraisal
537537 roll for the unit to the governing body of the unit as required by
538538 Subsection (b), an [An] officer or employee designated by the
539539 governing body shall calculate the no-new-revenue [effective] tax
540540 rate and the rollback tax rate for the unit, where:
541541 (1) "No-new-revenue [Effective] tax rate" means a rate
542542 expressed in dollars per $100 of taxable value calculated according
543543 to the following formula:
544544 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST YEAR'S
545545 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE -
546546 NEW PROPERTY VALUE)
547547 ; and
548548 (2) "Rollback tax rate" means a rate expressed in
549549 dollars per $100 of taxable value calculated according to the
550550 following formula:
551551 ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE
552552 AND OPERATIONS RATE x 1.08) + CURRENT DEBT RATE
553553 (d) The no-new-revenue [effective] tax rate for a county is
554554 the sum of the no-new-revenue [effective] tax rates calculated for
555555 each type of tax the county levies and the rollback tax rate for a
556556 county is the sum of the rollback tax rates calculated for each type
557557 of tax the county levies.
558558 (d-1) The designated officer or employee shall use the tax
559559 rate calculation forms prescribed by the comptroller under Section
560560 5.07 in calculating the no-new-revenue tax rate and the rollback
561561 tax rate.
562562 (d-2) The designated officer or employee may not submit the
563563 no-new-revenue tax rate and the rollback tax rate to the governing
564564 body of the taxing unit and the unit may not adopt a tax rate until
565565 the designated officer or employee certifies on the tax rate
566566 calculation forms that the designated officer or employee has
567567 accurately calculated the tax rates and has used values that are the
568568 same as the values shown in the unit's certified appraisal roll in
569569 performing the calculations.
570570 (e) By August 7 or as soon thereafter as practicable, the
571571 designated officer or employee shall submit the rates to the
572572 governing body. The designated officer or employee [He] shall
573573 deliver by mail to each property owner in the unit or publish in a
574574 newspaper and may post prominently on the home page of the unit's
575575 Internet website, if applicable, in the form prescribed by the
576576 comptroller:
577577 (1) the no-new-revenue [effective] tax rate, the
578578 rollback tax rate, and an explanation of how they were calculated;
579579 (2) the estimated amount of interest and sinking fund
580580 balances and the estimated amount of maintenance and operation or
581581 general fund balances remaining at the end of the current fiscal
582582 year that are not encumbered with or by corresponding existing debt
583583 obligation;
584584 (3) a schedule of the unit's debt obligations showing:
585585 (A) the amount of principal and interest that
586586 will be paid to service the unit's debts in the next year from
587587 property tax revenue, including payments of lawfully incurred
588588 contractual obligations providing security for the payment of the
589589 principal of and interest on bonds and other evidences of
590590 indebtedness issued on behalf of the unit by another political
591591 subdivision and, if the unit is created under Section 52, Article
592592 III, or Section 59, Article XVI, Texas Constitution, payments on
593593 debts that the unit anticipates to incur in the next calendar year;
594594 (B) the amount by which taxes imposed for debt
595595 are to be increased because of the unit's anticipated collection
596596 rate; and
597597 (C) the total of the amounts listed in Paragraphs
598598 (A)-(B), less any amount collected in excess of the previous year's
599599 anticipated collections certified as provided in Subsection (b);
600600 (4) the amount of additional sales and use tax revenue
601601 anticipated in calculations under Section 26.041;
602602 (5) a statement that the adoption of a tax rate equal
603603 to the no-new-revenue [effective] tax rate would result in an
604604 increase or decrease, as applicable, in the amount of taxes imposed
605605 by the unit as compared to last year's levy, and the amount of the
606606 increase or decrease;
607607 (6) in the year that a taxing unit calculates an
608608 adjustment under Subsection (i) or (j), a schedule that includes
609609 the following elements:
610610 (A) the name of the unit discontinuing the
611611 department, function, or activity;
612612 (B) the amount of property tax revenue spent by
613613 the unit listed under Paragraph (A) to operate the discontinued
614614 department, function, or activity in the 12 months preceding the
615615 month in which the calculations required by this chapter are made;
616616 and
617617 (C) the name of the unit that operates a distinct
618618 department, function, or activity in all or a majority of the
619619 territory of a taxing unit that has discontinued operating the
620620 distinct department, function, or activity; and
621621 (7) in the year following the year in which a taxing
622622 unit raised its rollback tax rate as required by Subsection (j), a
623623 schedule that includes the following elements:
624624 (A) the amount of property tax revenue spent by
625625 the unit to operate the department, function, or activity for which
626626 the taxing unit raised the rollback tax rate as required by
627627 Subsection (j) for the 12 months preceding the month in which the
628628 calculations required by this chapter are made; and
629629 (B) the amount published by the unit in the
630630 preceding tax year under Subdivision (6)(B).
631631 (e-1) The tax rate certification requirements imposed by
632632 Subsection (d-2) and the notice requirements imposed by Subsections
633633 (e)(1)-(6) do not apply to a school district.
634634 (e-2) By August 7 or as soon thereafter as practicable, the
635635 chief appraiser of each appraisal district shall deliver by regular
636636 mail or e-mail to each owner of property located in the appraisal
637637 district a notice that the estimated amount of taxes to be imposed
638638 on the owner's property by each taxing unit in which the property is
639639 located may be found in the property tax database maintained by the
640640 appraisal district under Section 26.17. The notice must include:
641641 (1) the following statement:
642642 "PROPOSED (tax year) PROPERTY TAX BILL INFORMATION
643643 "Information concerning the property taxes that may be
644644 imposed on your property by local taxing units, the dates and
645645 locations of any public hearings on the tax rates of the taxing
646646 units, and the dates and locations of meetings of the governing
647647 bodies of the taxing units to vote on the tax rates, together with
648648 other important property tax information, may be found at the
649649 website listed below:
650650 "(address of the Internet website at which the information
651651 may be found).";
652652 (2) a statement that the property owner may request
653653 from the county assessor-collector contact information for the
654654 assessor for each taxing unit in which the property is located, who
655655 must provide the information described by this subsection to the
656656 owner on request; and
657657 (3) the address and telephone number of the county
658658 assessor-collector.
659659 (e-3) The heading of the statement described by Subsection
660660 (e-2)(1) must be in bold, capital letters in typeset larger than
661661 that used in the other provisions of the notice.
662662 (e-4) The comptroller may adopt rules regarding the format
663663 and delivery of the notice required by Subsection (e-2).
664664 (f) If as a result of consolidation of taxing units a taxing
665665 unit includes territory that was in two or more taxing units in the
666666 preceding year, the amount of taxes imposed in each in the preceding
667667 year is combined for purposes of calculating the no-new-revenue
668668 [effective] and rollback tax rates under this section.
669669 (g) A person who owns taxable property is entitled to an
670670 injunction prohibiting the taxing unit in which the property is
671671 taxable from adopting a tax rate if the assessor or designated
672672 officer or employee of the unit, the chief appraiser of the
673673 applicable appraisal district, or the taxing unit, as applicable,
674674 has not complied with the computation, [or] publication, or posting
675675 requirements of this section or Section 26.17 or 26.18 [and the
676676 failure to comply was not in good faith].
677677 (i) This subsection applies to a taxing unit that has agreed
678678 by written contract to transfer a distinct department, function, or
679679 activity to another taxing unit and discontinues operating that
680680 distinct department, function, or activity if the operation of that
681681 department, function, or activity in all or a majority of the
682682 territory of the taxing unit is continued by another existing
683683 taxing unit or by a new taxing unit. The rollback tax rate of a
684684 taxing unit to which this subsection applies in the first tax year
685685 in which a budget is adopted that does not allocate revenue to the
686686 discontinued department, function, or activity is calculated as
687687 otherwise provided by this section, except that last year's levy
688688 used to calculate the no-new-revenue [effective] maintenance and
689689 operations rate of the unit is reduced by the amount of maintenance
690690 and operations tax revenue spent by the taxing unit to operate the
691691 department, function, or activity for the 12 months preceding the
692692 month in which the calculations required by this chapter are made
693693 and in which the unit operated the discontinued department,
694694 function, or activity. If the unit did not operate that department,
695695 function, or activity for the full 12 months preceding the month in
696696 which the calculations required by this chapter are made, the unit
697697 shall reduce last year's levy used for calculating the
698698 no-new-revenue [effective] maintenance and operations rate of the
699699 unit by the amount of the revenue spent in the last full fiscal year
700700 in which the unit operated the discontinued department, function,
701701 or activity.
702702 (j) This subsection applies to a taxing unit that had agreed
703703 by written contract to accept the transfer of a distinct
704704 department, function, or activity from another taxing unit and
705705 operates a distinct department, function, or activity if the
706706 operation of a substantially similar department, function, or
707707 activity in all or a majority of the territory of the taxing unit
708708 has been discontinued by another taxing unit, including a dissolved
709709 taxing unit. The rollback tax rate of a taxing unit to which this
710710 subsection applies in the first tax year after the other taxing unit
711711 discontinued the substantially similar department, function, or
712712 activity in which a budget is adopted that allocates revenue to the
713713 department, function, or activity is calculated as otherwise
714714 provided by this section, except that last year's levy used to
715715 calculate the no-new-revenue [effective] maintenance and
716716 operations rate of the unit is increased by the amount of
717717 maintenance and operations tax revenue spent by the taxing unit
718718 that discontinued operating the substantially similar department,
719719 function, or activity to operate that department, function, or
720720 activity for the 12 months preceding the month in which the
721721 calculations required by this chapter are made and in which the unit
722722 operated the discontinued department, function, or activity. If
723723 the unit did not operate the discontinued department, function, or
724724 activity for the full 12 months preceding the month in which the
725725 calculations required by this chapter are made, the unit may
726726 increase last year's levy used to calculate the no-new-revenue
727727 [effective] maintenance and operations rate by an amount not to
728728 exceed the amount of property tax revenue spent by the
729729 discontinuing unit to operate the discontinued department,
730730 function, or activity in the last full fiscal year in which the
731731 discontinuing unit operated the department, function, or activity.
732732 SECTION 2.20. Sections 26.041(a), (b), (c), (e), (g), and
733733 (h), Tax Code, are amended to read as follows:
734734 (a) In the first year in which an additional sales and use
735735 tax is required to be collected, the no-new-revenue [effective] tax
736736 rate and rollback tax rate for the unit are calculated according to
737737 the following formulas:
738738 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
739739 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
740740 PROPERTY VALUE)] - SALES TAX GAIN RATE
741741 and
742742 ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE]
743743 MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT
744744 RATE - SALES TAX GAIN RATE
745745 where "sales tax gain rate" means a number expressed in dollars per
746746 $100 of taxable value, calculated by dividing the revenue that will
747747 be generated by the additional sales and use tax in the following
748748 year as calculated under Subsection (d) [of this section] by the
749749 current total value.
750750 (b) Except as provided by Subsections (a) and (c) [of this
751751 section], in a year in which a taxing unit imposes an additional
752752 sales and use tax, the rollback tax rate for the unit is calculated
753753 according to the following formula, regardless of whether the unit
754754 levied a property tax in the preceding year:
755755 ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND
756756 OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL
757757 VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE -
758758 SALES TAX REVENUE RATE)
759759 where "last year's maintenance and operations expense" means the
760760 amount spent for maintenance and operations from property tax and
761761 additional sales and use tax revenues in the preceding year, and
762762 "sales tax revenue rate" means a number expressed in dollars per
763763 $100 of taxable value, calculated by dividing the revenue that will
764764 be generated by the additional sales and use tax in the current year
765765 as calculated under Subsection (d) [of this section] by the current
766766 total value.
767767 (c) In a year in which a taxing unit that has been imposing
768768 an additional sales and use tax ceases to impose an additional sales
769769 and use tax, the no-new-revenue [effective] tax rate and rollback
770770 tax rate for the unit are calculated according to the following
771771 formulas:
772772 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
773773 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
774774 PROPERTY VALUE)] + SALES TAX LOSS RATE
775775 and
776776 ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND
777777 OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL
778778 VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE
779779 where "sales tax loss rate" means a number expressed in dollars per
780780 $100 of taxable value, calculated by dividing the amount of sales
781781 and use tax revenue generated in the last four quarters for which
782782 the information is available by the current total value and "last
783783 year's maintenance and operations expense" means the amount spent
784784 for maintenance and operations from property tax and additional
785785 sales and use tax revenues in the preceding year.
786786 (e) If a city that imposes an additional sales and use tax
787787 receives payments under the terms of a contract executed before
788788 January 1, 1986, in which the city agrees not to annex certain
789789 property or a certain area and the owners or lessees of the property
790790 or of property in the area agree to pay at least annually to the city
791791 an amount determined by reference to all or a percentage of the
792792 property tax rate of the city and all or a part of the value of the
793793 property subject to the agreement or included in the area subject to
794794 the agreement, the governing body, by order adopted by a majority
795795 vote of the governing body, may direct the designated officer or
796796 employee to add to the no-new-revenue [effective] and rollback tax
797797 rates the amount that, when applied to the total taxable value
798798 submitted to the governing body, would produce an amount of taxes
799799 equal to the difference between the total amount of payments for the
800800 tax year under contracts described by this subsection under the
801801 rollback tax rate calculated under this section and the total
802802 amount of payments for the tax year that would have been obligated
803803 to the city if the city had not adopted an additional sales and use
804804 tax.
805805 (g) If the rate of the additional sales and use tax is
806806 increased, the designated officer or employee shall make two
807807 projections, in the manner provided by Subsection (d) [of this
808808 section], of the revenue generated by the additional sales and use
809809 tax in the following year. The first projection must take into
810810 account the increase and the second projection must not take into
811811 account the increase. The designated officer or employee shall
812812 then subtract the amount of the result of the second projection from
813813 the amount of the result of the first projection to determine the
814814 revenue generated as a result of the increase in the additional
815815 sales and use tax. In the first year in which an additional sales
816816 and use tax is increased, the no-new-revenue [effective] tax rate
817817 for the unit is the no-new-revenue [effective] tax rate before the
818818 increase minus a number the numerator of which is the revenue
819819 generated as a result of the increase in the additional sales and
820820 use tax, as determined under this subsection, and the denominator
821821 of which is the current total value minus the new property value.
822822 (h) If the rate of the additional sales and use tax is
823823 decreased, the designated officer or employee shall make two
824824 projections, in the manner provided by Subsection (d) [of this
825825 section], of the revenue generated by the additional sales and use
826826 tax in the following year. The first projection must take into
827827 account the decrease and the second projection must not take into
828828 account the decrease. The designated officer or employee shall
829829 then subtract the amount of the result of the first projection from
830830 the amount of the result of the second projection to determine the
831831 revenue lost as a result of the decrease in the additional sales and
832832 use tax. In the first year in which an additional sales and use tax
833833 is decreased, the no-new-revenue [effective] tax rate for the unit
834834 is the no-new-revenue [effective] tax rate before the decrease plus
835835 a number the numerator of which is the revenue lost as a result of
836836 the decrease in the additional sales and use tax, as determined
837837 under this subsection, and the denominator of which is the current
838838 total value minus the new property value.
839839 SECTION 2.21. The heading to Section 26.043, Tax Code, is
840840 amended to read as follows:
841841 Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX
842842 RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
843843 SECTION 2.22. Sections 26.043(a) and (b), Tax Code, are
844844 amended to read as follows:
845845 (a) In the tax year in which a city has set an election on
846846 the question of whether to impose a local sales and use tax under
847847 Subchapter H, Chapter 453, Transportation Code, the officer or
848848 employee designated to make the calculations provided by Section
849849 26.04 may not make those calculations until the outcome of the
850850 election is determined. If the election is determined in favor of
851851 the imposition of the tax, the representative shall subtract from
852852 the city's rollback and no-new-revenue [effective] tax rates the
853853 amount that, if applied to the city's current total value, would
854854 impose an amount equal to the amount of property taxes budgeted in
855855 the current tax year to pay for expenses related to mass transit
856856 services.
857857 (b) In a tax year to which this section applies, a reference
858858 in this chapter to the city's no-new-revenue [effective] or
859859 rollback tax rate refers to that rate as adjusted under this
860860 section.
861861 SECTION 2.23. The heading to Section 26.044, Tax Code, is
862862 amended to read as follows:
863863 Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR
864864 STATE CRIMINAL JUSTICE MANDATE.
865865 SECTION 2.24. Sections 26.044(a), (b), and (c), Tax Code,
866866 are amended to read as follows:
867867 (a) The first time that a county adopts a tax rate after
868868 September 1, 1991, in which the state criminal justice mandate
869869 applies to the county, the no-new-revenue [effective] maintenance
870870 and operation rate for the county is increased by the rate
871871 calculated according to the following formula:
872872 (State Criminal Justice Mandate) / (Current Total
873873 Value - New Property Value)
874874 (b) In the second and subsequent years that a county adopts
875875 a tax rate, if the amount spent by the county for the state criminal
876876 justice mandate increased over the previous year, the
877877 no-new-revenue [effective] maintenance and operation rate for the
878878 county is increased by the rate calculated according to the
879879 following formula:
880880 (This Year's State Criminal Justice Mandate - Previous
881881 Year's State Criminal Justice Mandate) / (Current
882882 Total Value - New Property Value)
883883 (c) The county shall include a notice of the increase in the
884884 no-new-revenue [effective] maintenance and operation rate provided
885885 by this section, including a description and amount of the state
886886 criminal justice mandate, in the information published under
887887 Section 26.04(e) and Section 26.06(b) [of this code].
888888 SECTION 2.25. Sections 26.0441(a), (b), and (c), Tax Code,
889889 are amended to read as follows:
890890 (a) In the first tax year in which a taxing unit adopts a tax
891891 rate after January 1, 2000, and in which the enhanced minimum
892892 eligibility standards for indigent health care established under
893893 Section 61.006, Health and Safety Code, apply to the taxing unit,
894894 the no-new-revenue [effective] maintenance and operations rate for
895895 the taxing unit is increased by the rate computed according to the
896896 following formula:
897897 Amount of Increase = Enhanced Indigent Health Care
898898 Expenditures / (Current Total Value - New Property
899899 Value)
900900 (b) In each subsequent tax year, if the taxing unit's
901901 enhanced indigent health care expenses exceed the amount of those
902902 expenses for the preceding year, the no-new-revenue [effective]
903903 maintenance and operations rate for the taxing unit is increased by
904904 the rate computed according to the following formula:
905905 Amount of Increase = (Current Tax Year's Enhanced
906906 Indigent Health Care Expenditures - Preceding Tax
907907 Year's Indigent Health Care Expenditures) / (Current
908908 Total Value - New Property Value)
909909 (c) The taxing unit shall include a notice of the increase
910910 in its no-new-revenue [effective] maintenance and operations rate
911911 provided by this section, including a brief description and the
912912 amount of the enhanced indigent health care expenditures, in the
913913 information published under Section 26.04(e) and, if applicable,
914914 Section 26.06(b).
915915 SECTION 2.26. Section 26.05, Tax Code, is amended by
916916 amending Subsections (b), (c), (d), (e), and (g) and adding
917917 Subsections (d-1) and (d-2) to read as follows:
918918 (b) A taxing unit may not impose property taxes in any year
919919 until the governing body has adopted a tax rate for that year, and
920920 the annual tax rate must be set by ordinance, resolution, or order,
921921 depending on the method prescribed by law for adoption of a law by
922922 the governing body. The vote on the ordinance, resolution, or order
923923 setting the tax rate must be separate from the vote adopting the
924924 budget. For a taxing unit other than a school district, the vote on
925925 the ordinance, resolution, or order setting a tax rate that exceeds
926926 the no-new-revenue [effective] tax rate must be a record vote, and
927927 at least 60 percent of the members of the governing body must vote
928928 in favor of the ordinance, resolution, or order. For a school
929929 district, the vote on the ordinance, resolution, or order setting a
930930 tax rate that exceeds the sum of the no-new-revenue [effective]
931931 maintenance and operations tax rate of the district as determined
932932 under Section 26.08(i) and the district's current debt rate must be
933933 a record vote, and at least 60 percent of the members of the
934934 governing body must vote in favor of the ordinance, resolution, or
935935 order. A motion to adopt an ordinance, resolution, or order setting
936936 a tax rate that exceeds the no-new-revenue [effective] tax rate
937937 must be made in the following form: "I move that the property tax
938938 rate be increased by the adoption of a tax rate of (specify tax
939939 rate), which is effectively a (insert percentage by which the
940940 proposed tax rate exceeds the no-new-revenue [effective] tax rate)
941941 percent increase in the tax rate." If the ordinance, resolution, or
942942 order sets a tax rate that, if applied to the total taxable value,
943943 will impose an amount of taxes to fund maintenance and operation
944944 expenditures of the taxing unit that exceeds the amount of taxes
945945 imposed for that purpose in the preceding year, the taxing unit
946946 must:
947947 (1) include in the ordinance, resolution, or order in
948948 type larger than the type used in any other portion of the document:
949949 (A) the following statement: "THIS TAX RATE WILL
950950 RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S
951951 TAX RATE."; and
952952 (B) if the tax rate exceeds the no-new-revenue
953953 [effective] maintenance and operations rate, the following
954954 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
955955 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
956956 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
957957 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
958958 APPROXIMATELY $(Insert amount)."; and
959959 (2) include on the home page of any Internet website
960960 operated by the unit:
961961 (A) the following statement: "(Insert name of
962962 unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE
963963 AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and
964964 (B) if the tax rate exceeds the no-new-revenue
965965 [effective] maintenance and operations rate, the following
966966 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
967967 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
968968 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
969969 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
970970 APPROXIMATELY $(Insert amount)."
971971 (c) If the governing body of a taxing unit does not adopt a
972972 tax rate before the date required by Subsection (a), the tax rate
973973 for the taxing unit for that tax year is the lower of the
974974 no-new-revenue [effective] tax rate calculated for that tax year or
975975 the tax rate adopted by the taxing unit for the preceding tax year.
976976 A tax rate established by this subsection is treated as an adopted
977977 tax rate. Before the fifth day after the establishment of a tax
978978 rate by this subsection, the governing body of the taxing unit must
979979 ratify the applicable tax rate in the manner required by Subsection
980980 (b).
981981 (d) The governing body of a taxing unit other than a school
982982 district may not adopt a tax rate that exceeds the lower of the
983983 rollback tax rate or the no-new-revenue [effective] tax rate
984984 calculated as provided by this chapter until the governing body has
985985 held two public hearings on the proposed tax rate and has otherwise
986986 complied with Section 26.06 and Section 26.065. The governing body
987987 of a taxing unit shall reduce a tax rate set by law or by vote of the
988988 electorate to the lower of the rollback tax rate or the
989989 no-new-revenue [effective] tax rate and may not adopt a higher rate
990990 unless it first complies with Section 26.06.
991991 (d-1) The governing body of a taxing unit may not hold a
992992 public hearing on a proposed tax rate or a public meeting to adopt a
993993 tax rate until the 14th day after the date the officer or employee
994994 designated by the governing body of the unit to calculate the
995995 no-new-revenue tax rate and the rollback tax rate for the unit
996996 complies with Section 26.17.
997997 (d-2) Notwithstanding Subsection (a), the governing body of
998998 a taxing unit other than a school district may not adopt a tax rate
999999 until:
10001000 (1) the chief appraiser of each appraisal district in
10011001 which the taxing unit participates has:
10021002 (A) delivered the notice required by Section
10031003 26.04(e-2); and
10041004 (B) incorporated the tax rate calculation forms
10051005 submitted to the appraisal district under Section 26.17(d)(2) by
10061006 the designated officer or employee of the taxing unit into the
10071007 property tax database maintained by the chief appraiser and made
10081008 them available to the public;
10091009 (2) the designated officer or employee of the taxing
10101010 unit has entered in the property tax database maintained by the
10111011 chief appraiser the information described by Section 26.17(b) for
10121012 the current tax year; and
10131013 (3) the taxing unit has posted the information
10141014 described by Section 26.18 on the Internet website used by the
10151015 taxing unit for that purpose.
10161016 (e) A person who owns taxable property is entitled to an
10171017 injunction restraining the collection of taxes by a taxing unit in
10181018 which the property is taxable if the taxing unit has not complied
10191019 with the requirements of this section or Section 26.04 [and the
10201020 failure to comply was not in good faith]. An action to enjoin the
10211021 collection of taxes must be filed not later than the 15th day after
10221022 the date the taxing unit adopts a tax rate. A property owner is not
10231023 required to pay the taxes imposed by a taxing unit on the owner's
10241024 property while an action filed by the property owner to enjoin the
10251025 collection of taxes imposed by the taxing unit on the owner's
10261026 property is pending. If the property owner pays the taxes and
10271027 subsequently prevails in the action, the property owner is entitled
10281028 to a refund of the taxes paid, together with reasonable attorney's
10291029 fees and court costs. The property owner is not required to apply
10301030 to the collector for the taxing unit to receive the refund [prior to
10311031 the date a taxing unit delivers substantially all of its tax bills].
10321032 (g) Notwithstanding Subsection (a), the governing body of a
10331033 school district that elects to adopt a tax rate before the adoption
10341034 of a budget for the fiscal year that begins in the current tax year
10351035 may adopt a tax rate for the current tax year before receipt of the
10361036 certified appraisal roll for the school district if the chief
10371037 appraiser of the appraisal district in which the school district
10381038 participates has certified to the assessor for the school district
10391039 an estimate of the taxable value of property in the school district
10401040 as provided by Section 26.01(e). If a school district adopts a tax
10411041 rate under this subsection, the no-new-revenue [effective] tax rate
10421042 and the rollback tax rate of the district shall be calculated based
10431043 on the certified estimate of taxable value.
10441044 SECTION 2.27. Section 26.052, Tax Code, is amended by
10451045 amending Subsection (e) and adding Subsection (f) to read as
10461046 follows:
10471047 (e) Public notice provided under Subsection (c) must
10481048 specify:
10491049 (1) the tax rate that the governing body proposes to
10501050 adopt;
10511051 (2) the date, time, and location of the meeting of the
10521052 governing body of the taxing unit at which the governing body will
10531053 consider adopting the proposed tax rate; and
10541054 (3) if the proposed tax rate for the taxing unit
10551055 exceeds the unit's no-new-revenue [effective] tax rate calculated
10561056 as provided by Section 26.04, a statement substantially identical
10571057 to the following: "The proposed tax rate would increase total taxes
10581058 in (name of taxing unit) by (percentage by which the proposed tax
10591059 rate exceeds the no-new-revenue [effective] tax rate)."
10601060 (f) A taxing unit to which this section applies that elects
10611061 to provide public notice of its proposed tax rate under Subsection
10621062 (c) may also provide public notice of its proposed tax rate by
10631063 posting notice of the proposed tax rate including the information
10641064 prescribed by Subsection (e) prominently on the home page of the
10651065 Internet website maintained by the taxing unit, if applicable.
10661066 SECTION 2.28. Sections 26.06(b), (c), (d), and (e), Tax
10671067 Code, are amended to read as follows:
10681068 (b) The notice of a public hearing may not be smaller than
10691069 one-quarter page of a standard-size or a tabloid-size newspaper,
10701070 and the headline on the notice must be in 24-point or larger type.
10711071 The notice must contain a statement in the following form:
10721072 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
10731073 "The (name of the taxing unit) will hold two public hearings
10741074 on a proposal to increase total tax revenues from properties on the
10751075 tax roll in the preceding tax year by (percentage by which proposed
10761076 tax rate exceeds lower of rollback tax rate or no-new-revenue
10771077 [effective] tax rate calculated under this chapter) percent. Your
10781078 individual taxes may increase at a greater or lesser rate, or even
10791079 decrease, depending on the tax rate that is adopted and on the
10801080 change in the taxable value of your property in relation to the
10811081 change in taxable value of all other property [and the tax rate that
10821082 is adopted]. The change in the taxable value of your property in
10831083 relation to the change in the taxable value of all other property
10841084 determines the distribution of the tax burden among all property
10851085 owners.
10861086 "The first public hearing will be held on (date and time) at
10871087 (meeting place).
10881088 "The second public hearing will be held on (date and time) at
10891089 (meeting place).
10901090 "(Names of all members of the governing body, showing how
10911091 each voted on the proposal to consider the tax increase or, if one
10921092 or more were absent, indicating the absences.)
10931093 "The average taxable value of a residence homestead in (name
10941094 of taxing unit) last year was $____ (average taxable value of a
10951095 residence homestead in the taxing unit for the preceding tax year,
10961096 disregarding residence homestead exemptions available only to
10971097 disabled persons or persons 65 years of age or older). Based on
10981098 last year's tax rate of $____ (preceding year's adopted tax rate)
10991099 per $100 of taxable value, the amount of taxes imposed last year on
11001100 the average home was $____ (tax on average taxable value of a
11011101 residence homestead in the taxing unit for the preceding tax year,
11021102 disregarding residence homestead exemptions available only to
11031103 disabled persons or persons 65 years of age or older).
11041104 "The average taxable value of a residence homestead in (name
11051105 of taxing unit) this year is $____ (average taxable value of a
11061106 residence homestead in the taxing unit for the current tax year,
11071107 disregarding residence homestead exemptions available only to
11081108 disabled persons or persons 65 years of age or older). If the
11091109 governing body adopts the no-new-revenue [effective] tax rate for
11101110 this year of $____ (no-new-revenue [effective] tax rate) per $100
11111111 of taxable value, the amount of taxes imposed this year on the
11121112 average home would be $____ (tax on average taxable value of a
11131113 residence homestead in the taxing unit for the current tax year,
11141114 disregarding residence homestead exemptions available only to
11151115 disabled persons or persons 65 years of age or older).
11161116 "If the governing body adopts the proposed tax rate of $____
11171117 (proposed tax rate) per $100 of taxable value, the amount of taxes
11181118 imposed this year on the average home would be $____ (tax on the
11191119 average taxable value of a residence in the taxing unit for the
11201120 current year disregarding residence homestead exemptions available
11211121 only to disabled persons or persons 65 years of age or older).
11221122 "Members of the public are encouraged to attend the hearings
11231123 and express their views."
11241124 (c) The notice of a public hearing under this section may be
11251125 delivered by mail to each property owner in the unit, or may be
11261126 published in a newspaper. If the notice is published in a
11271127 newspaper, it may not be in the part of the paper in which legal
11281128 notices and classified advertisements appear. If the taxing unit
11291129 operates an Internet website, the notice must also be posted
11301130 prominently on the home page of the website from the date the notice
11311131 is first published until the second public hearing is concluded.
11321132 (d) At the public hearings the governing body shall announce
11331133 the date, time, and place of the meeting at which it will vote on the
11341134 proposed tax rate. After each hearing the governing body shall give
11351135 notice of the meeting at which it will vote on the proposed tax rate
11361136 and the notice shall be in the same form as prescribed by
11371137 Subsections (b) and (c), except that it must state the following:
11381138 "NOTICE OF TAX REVENUE INCREASE
11391139 "The (name of the taxing unit) conducted public hearings on
11401140 (date of first hearing) and (date of second hearing) on a proposal
11411141 to increase the total tax revenues of the (name of the taxing unit)
11421142 from properties on the tax roll in the preceding year by (percentage
11431143 by which proposed tax rate exceeds lower of rollback tax rate or
11441144 no-new-revenue [effective] tax rate calculated under this chapter)
11451145 percent.
11461146 "The total tax revenue proposed to be raised last year at last
11471147 year's tax rate of (insert tax rate for the preceding year) for each
11481148 $100 of taxable value was (insert total amount of taxes imposed in
11491149 the preceding year).
11501150 "The total tax revenue proposed to be raised this year at the
11511151 proposed tax rate of (insert proposed tax rate) for each $100 of
11521152 taxable value, excluding tax revenue to be raised from new property
11531153 added to the tax roll this year, is (insert amount computed by
11541154 multiplying proposed tax rate by the difference between current
11551155 total value and new property value).
11561156 "The total tax revenue proposed to be raised this year at the
11571157 proposed tax rate of (insert proposed tax rate) for each $100 of
11581158 taxable value, including tax revenue to be raised from new property
11591159 added to the tax roll this year, is (insert amount computed by
11601160 multiplying proposed tax rate by current total value).
11611161 "The (governing body of the taxing unit) is scheduled to vote
11621162 on the tax rate that will result in that tax increase at a public
11631163 meeting to be held on (date of meeting) at (location of meeting,
11641164 including mailing address) at (time of meeting).
11651165 "The (governing body of the taxing unit) proposes to use the
11661166 increase in total tax revenue for the purpose of (description of
11671167 purpose of increase)."
11681168 (e) The meeting to vote on the tax increase may not be
11691169 earlier than the third day or later than the 14th day after the date
11701170 of the second public hearing. The meeting must be held inside the
11711171 boundaries of the taxing unit in a publicly owned building or, if a
11721172 suitable publicly owned building is not available, in a suitable
11731173 building to which the public normally has access. If the governing
11741174 body does not adopt a tax rate that exceeds the lower of the
11751175 rollback tax rate or the no-new-revenue [effective] tax rate by the
11761176 14th day, it must give a new notice under Subsection (d) before it
11771177 may adopt a rate that exceeds the lower of the rollback tax rate or
11781178 the no-new-revenue [effective] tax rate.
11791179 SECTION 2.29. Section 26.065(b), Tax Code, is amended to
11801180 read as follows:
11811181 (b) If the taxing unit owns, operates, or controls an
11821182 Internet website, the unit shall post notice of the public hearing
11831183 prominently on the home page of the website continuously for at
11841184 least seven days immediately before the public hearing on the
11851185 proposed tax rate increase and at least seven days immediately
11861186 before the date of the vote proposing the increase in the tax rate.
11871187 SECTION 2.30. Sections 26.08(g), (n), and (p), Tax Code,
11881188 are amended to read as follows:
11891189 (g) In a school district that received distributions from an
11901190 equalization tax imposed under former Chapter 18, Education Code,
11911191 the no-new-revenue [effective] rate of that tax as of the date of
11921192 the county unit system's abolition is added to the district's
11931193 rollback tax rate.
11941194 (n) For purposes of this section, the rollback tax rate of a
11951195 school district whose maintenance and operations tax rate for the
11961196 2005 tax year was $1.50 or less per $100 of taxable value is:
11971197 (1) for the 2006 tax year, the sum of the rate that is
11981198 equal to 88.67 percent of the maintenance and operations tax rate
11991199 adopted by the district for the 2005 tax year, the rate of $0.04 per
12001200 $100 of taxable value, and the district's current debt rate; and
12011201 (2) for the 2007 and subsequent tax years, the lesser
12021202 of the following:
12031203 (A) the sum of the following:
12041204 (i) the rate per $100 of taxable value that
12051205 is equal to the product of the state compression percentage, as
12061206 determined under Section 42.2516, Education Code, for the current
12071207 year and $1.50;
12081208 (ii) the rate of $0.04 per $100 of taxable
12091209 value;
12101210 (iii) the rate that is equal to the sum of
12111211 the differences for the 2006 and each subsequent tax year between
12121212 the adopted tax rate of the district for that year if the rate was
12131213 approved at an election under this section and the rollback tax rate
12141214 of the district for that year; and
12151215 (iv) the district's current debt rate; or
12161216 (B) the sum of the following:
12171217 (i) the no-new-revenue [effective]
12181218 maintenance and operations tax rate of the district as computed
12191219 under Subsection (i) [or (k), as applicable];
12201220 (ii) the rate per $100 of taxable value that
12211221 is equal to the product of the state compression percentage, as
12221222 determined under Section 42.2516, Education Code, for the current
12231223 year and $0.06; and
12241224 (iii) the district's current debt rate.
12251225 (p) Notwithstanding Subsections (i), (n), and (o), if for
12261226 the preceding tax year a school district adopted a maintenance and
12271227 operations tax rate that was less than the district's
12281228 no-new-revenue [effective] maintenance and operations tax rate for
12291229 that preceding tax year, the rollback tax rate of the district for
12301230 the current tax year is calculated as if the district adopted a
12311231 maintenance and operations tax rate for the preceding tax year that
12321232 was equal to the district's no-new-revenue [effective] maintenance
12331233 and operations tax rate for that preceding tax year.
12341234 SECTION 2.31. Section 26.08(i), Tax Code, as effective
12351235 September 1, 2017, is amended to read as follows:
12361236 (i) For purposes of this section, the no-new-revenue
12371237 [effective] maintenance and operations tax rate of a school
12381238 district is the tax rate that, applied to the current total value
12391239 for the district, would impose taxes in an amount that, when added
12401240 to state funds that would be distributed to the district under
12411241 Chapter 42, Education Code, for the school year beginning in the
12421242 current tax year using that tax rate, would provide the same amount
12431243 of state funds distributed under Chapter 42, Education Code, and
12441244 maintenance and operations taxes of the district per student in
12451245 weighted average daily attendance for that school year that would
12461246 have been available to the district in the preceding year if the
12471247 funding elements for Chapters 41 and 42, Education Code, for the
12481248 current year had been in effect for the preceding year.
12491249 SECTION 2.32. Section 26.16, Tax Code, is amended by
12501250 amending Subsections (a) and (d) and adding Subsection (a-1) to
12511251 read as follows:
12521252 (a) The county assessor-collector for each county that
12531253 maintains an Internet website shall post on the website of the
12541254 county the following information for the most recent five tax years
12551255 beginning with the 2012 tax year for each taxing unit all or part of
12561256 the territory of which is located in the county:
12571257 (1) the adopted tax rate;
12581258 (2) the maintenance and operations rate;
12591259 (3) the debt rate;
12601260 (4) the no-new-revenue [effective] tax rate;
12611261 (5) the no-new-revenue [effective] maintenance and
12621262 operations rate; and
12631263 (6) the rollback tax rate.
12641264 (a-1) For purposes of Subsection (a), a reference to the
12651265 no-new-revenue tax rate or the no-new-revenue maintenance and
12661266 operations rate includes the equivalent effective tax rate or
12671267 effective maintenance and operations rate for a preceding year.
12681268 This subsection expires January 1, 2024.
12691269 (d) The county assessor-collector shall post immediately
12701270 below the table prescribed by Subsection (c) the following
12711271 statement:
12721272 "The county is providing this table of property tax rate
12731273 information as a service to the residents of the county. Each
12741274 individual taxing unit is responsible for calculating the property
12751275 tax rates listed in this table pertaining to that taxing unit and
12761276 providing that information to the county.
12771277 "The adopted tax rate is the tax rate adopted by the governing
12781278 body of a taxing unit.
12791279 "The maintenance and operations rate is the component of the
12801280 adopted tax rate of a taxing unit that will impose the amount of
12811281 taxes needed to fund maintenance and operation expenditures of the
12821282 unit for the following year.
12831283 "The debt rate is the component of the adopted tax rate of a
12841284 taxing unit that will impose the amount of taxes needed to fund the
12851285 unit's debt service for the following year.
12861286 "The no-new-revenue [effective] tax rate is the tax rate that
12871287 would generate the same amount of revenue in the current tax year as
12881288 was generated by a taxing unit's adopted tax rate in the preceding
12891289 tax year from property that is taxable in both the current tax year
12901290 and the preceding tax year.
12911291 "The no-new-revenue [effective] maintenance and operations
12921292 rate is the tax rate that would generate the same amount of revenue
12931293 for maintenance and operations in the current tax year as was
12941294 generated by a taxing unit's maintenance and operations rate in the
12951295 preceding tax year from property that is taxable in both the current
12961296 tax year and the preceding tax year.
12971297 "The rollback tax rate is the highest tax rate a taxing unit
12981298 may adopt before requiring voter approval at an election. In the
12991299 case of a taxing unit other than a school district, the voters by
13001300 petition may require that a rollback election be held if the unit
13011301 adopts a tax rate in excess of the unit's rollback tax rate. In the
13021302 case of a school district, an election will automatically be held if
13031303 the district wishes to adopt a tax rate in excess of the district's
13041304 rollback tax rate."
13051305 SECTION 2.33. Chapter 26, Tax Code, is amended by adding
13061306 Sections 26.17 and 26.18 to read as follows:
13071307 Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION.
13081308 (a) The chief appraiser of each appraisal district shall create and
13091309 maintain a property tax database that:
13101310 (1) is identified by the name of the county in which
13111311 the appraisal district is established instead of the name of the
13121312 appraisal district;
13131313 (2) contains information that is provided by
13141314 designated officers or employees of the taxing units that are
13151315 located in the appraisal district in the manner required by rules
13161316 adopted by the comptroller;
13171317 (3) is continuously updated as preliminary and revised
13181318 data become available to and are provided by the designated
13191319 officers or employees of taxing units;
13201320 (4) is accessible to the public; and
13211321 (5) is searchable by property address and owner.
13221322 (b) The database must include, with respect to each property
13231323 listed on the appraisal roll for the appraisal district:
13241324 (1) the property's identification number;
13251325 (2) the property's market value;
13261326 (3) the property's taxable value;
13271327 (4) the name of each taxing unit in which the property
13281328 is located;
13291329 (5) for each taxing unit other than a school district
13301330 in which the property is located:
13311331 (A) the no-new-revenue tax rate; and
13321332 (B) the rollback tax rate;
13331333 (6) for each school district in which the property is
13341334 located:
13351335 (A) the rate to maintain the same amount of state
13361336 and local revenue per weighted student that the district received
13371337 in the school year beginning in the preceding tax year; and
13381338 (B) the rollback tax rate;
13391339 (7) the tax rate proposed by the governing body of each
13401340 taxing unit in which the property is located;
13411341 (8) for each taxing unit other than a school district
13421342 in which the property is located, the taxes that would be imposed on
13431343 the property if the unit adopted a tax rate equal to:
13441344 (A) the no-new-revenue tax rate; and
13451345 (B) the proposed tax rate;
13461346 (9) for each school district in which the property is
13471347 located, the taxes that would be imposed on the property if the
13481348 district adopted a tax rate equal to:
13491349 (A) the rate to maintain the same amount of state
13501350 and local revenue per weighted student that the district received
13511351 in the school year beginning in the preceding tax year; and
13521352 (B) the proposed tax rate;
13531353 (10) for each taxing unit other than a school district
13541354 in which the property is located, the difference between the amount
13551355 calculated under Subdivision (8)(A) and the amount calculated under
13561356 Subdivision (8)(B);
13571357 (11) for each school district in which the property is
13581358 located, the difference between the amount calculated under
13591359 Subdivision (9)(A) and the amount calculated under Subdivision
13601360 (9)(B);
13611361 (12) the date and location of each public hearing, if
13621362 applicable, on the proposed tax rate to be held by the governing
13631363 body of each taxing unit in which the property is located; and
13641364 (13) the date and location of the public meeting at
13651365 which the tax rate will be adopted to be held by the governing body
13661366 of each taxing unit in which the property is located.
13671367 (c) The database must provide a link to the Internet website
13681368 used by each taxing unit in which the property is located to post
13691369 the information described by Section 26.18.
13701370 (d) The officer or employee designated by the governing body
13711371 of each taxing unit to calculate the no-new-revenue tax rate and the
13721372 rollback tax rate for the unit must electronically:
13731373 (1) enter in the database the information described by
13741374 Subsection (b) as the information becomes available; and
13751375 (2) submit to the appraisal district the tax rate
13761376 calculation forms prepared under Section 26.04(d-1) at the same
13771377 time the designated officer or employee submits the tax rates to the
13781378 governing body of the unit under Section 26.04(e).
13791379 (e) The chief appraiser shall deliver by e-mail to the
13801380 designated officer or employee confirmation of receipt of the tax
13811381 rate calculation forms submitted under Subsection (d)(2). The
13821382 chief appraiser shall incorporate the forms into the database and
13831383 make them available to the public not later than the third day after
13841384 the date the chief appraiser receives them.
13851385 Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY
13861386 TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet
13871387 website or have access to a generally accessible Internet website
13881388 that may be used for the purposes of this section. Each taxing unit
13891389 shall post or cause to be posted on the Internet website the
13901390 following information in a format prescribed by the comptroller:
13911391 (1) the name of each member of the governing body of
13921392 the taxing unit;
13931393 (2) the mailing address, e-mail address, and telephone
13941394 number of the taxing unit;
13951395 (3) the official contact information for each member
13961396 of the governing body of the taxing unit, if that information is
13971397 different from the information described by Subdivision (2);
13981398 (4) the taxing unit's budget for the preceding two
13991399 years;
14001400 (5) the taxing unit's proposed or adopted budget for
14011401 the current year;
14021402 (6) the change in the amount of the taxing unit's
14031403 budget from the preceding year to the current year, by dollar amount
14041404 and percentage;
14051405 (7) in the case of a taxing unit other than a school
14061406 district, the amount of property tax revenue budgeted for
14071407 maintenance and operations for:
14081408 (A) the preceding two years; and
14091409 (B) the current year;
14101410 (8) in the case of a taxing unit other than a school
14111411 district, the amount of property tax revenue budgeted for debt
14121412 service for:
14131413 (A) the preceding two years; and
14141414 (B) the current year;
14151415 (9) the tax rate for maintenance and operations
14161416 adopted by the taxing unit for the preceding two years;
14171417 (10) in the case of a taxing unit other than a school
14181418 district, the tax rate for debt service adopted by the unit for the
14191419 preceding two years;
14201420 (11) in the case of a school district, the interest and
14211421 sinking fund tax rate adopted by the district for the preceding two
14221422 years;
14231423 (12) the tax rate for maintenance and operations
14241424 proposed by the taxing unit for the current year;
14251425 (13) in the case of a taxing unit other than a school
14261426 district, the tax rate for debt service proposed by the unit for the
14271427 current year;
14281428 (14) in the case of a school district, the interest and
14291429 sinking fund tax rate proposed by the district for the current year;
14301430 and
14311431 (15) the most recent financial audit of the taxing
14321432 unit.
14331433 SECTION 2.34. Section 41.03(a), Tax Code, is amended to
14341434 read as follows:
14351435 (a) A taxing unit is entitled to challenge before the
14361436 appraisal review board:
14371437 (1) [the level of appraisals of any category of
14381438 property in the district or in any territory in the district, but
14391439 not the appraised value of a single taxpayer's property;
14401440 [(2)] an exclusion of property from the appraisal
14411441 records;
14421442 (2) [(3)] a grant in whole or in part of a partial
14431443 exemption;
14441444 (3) [(4)] a determination that land qualifies for
14451445 appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or
14461446 (4) [(5)] failure to identify the taxing unit as one
14471447 in which a particular property is taxable.
14481448 SECTION 2.35. Section 41.44(d), Tax Code, is amended to
14491449 read as follows:
14501450 (d) A notice of protest is sufficient if it identifies the
14511451 protesting property owner, including a person claiming an ownership
14521452 interest in the property even if that person is not listed on the
14531453 appraisal records as an owner of the property, identifies the
14541454 property that is the subject of the protest, and indicates apparent
14551455 dissatisfaction with some determination of the appraisal office.
14561456 The notice need not be on an official form, but the comptroller
14571457 shall prescribe a form that provides for more detail about the
14581458 nature of the protest. The form must permit a property owner to
14591459 include each property in the appraisal district that is the subject
14601460 of a protest. The form must permit a property owner to request that
14611461 the protest be heard by a special panel established under Section
14621462 6.425 if the protest will be determined by an appraisal review board
14631463 to which that section applies and the property is described by
14641464 Section 6.425(b). The comptroller, each appraisal office, and each
14651465 appraisal review board shall make the forms readily available and
14661466 deliver one to a property owner on request.
14671467 SECTION 2.36. Section 41.45, Tax Code, is amended by
14681468 amending Subsection (d) and adding Subsections (d-1), (d-2), and
14691469 (d-3) to read as follows:
14701470 (d) This subsection does not apply to a special panel
14711471 established under Section 6.425. An appraisal review board
14721472 consisting of more than three members may sit in panels of not fewer
14731473 than three members to conduct protest hearings. [However, the
14741474 determination of a protest heard by a panel must be made by the
14751475 board.] If the recommendation of a panel is not accepted by the
14761476 board, the board may refer the matter for rehearing to a panel
14771477 composed of members who did not hear the original protest [hearing]
14781478 or, if there are not at least three members who did not hear the
14791479 original protest, the board may determine the protest. [Before
14801480 determining a protest or conducting a rehearing before a new panel
14811481 or the board, the board shall deliver notice of the hearing or
14821482 meeting to determine the protest in accordance with the provisions
14831483 of this subchapter.]
14841484 (d-1) An appraisal review board to which Section 6.425
14851485 applies shall sit in special panels established under that section
14861486 to conduct protest hearings. A special panel may conduct a protest
14871487 hearing relating to property only if the property is described by
14881488 Section 6.425(b) and the property owner has requested that a
14891489 special panel conduct the hearing or if the protest is assigned to
14901490 the special panel under Section 6.425(f). If the recommendation of
14911491 a special panel is not accepted by the board, the board may refer
14921492 the matter for rehearing to another special panel composed of
14931493 members who did not hear the original protest or, if there are not
14941494 at least three other special panel members who did not hear the
14951495 original protest, the board may determine the protest.
14961496 (d-2) The determination of a protest heard by a panel under
14971497 Subsection (d) or (d-1) must be made by the board.
14981498 (d-3) The board must deliver notice of a hearing or meeting
14991499 to determine a protest heard by a panel, or to rehear a protest,
15001500 under Subsection (d) or (d-1) in accordance with the provisions of
15011501 this subchapter.
15021502 SECTION 2.37. Section 41.46(a), Tax Code, is amended to
15031503 read as follows:
15041504 (a) The appraisal review board before which a protest
15051505 hearing is scheduled shall deliver written notice to the property
15061506 owner initiating a protest of the date, time, [and] place, and
15071507 subject matter of [fixed for] the hearing on the protest and of the
15081508 property owner's entitlement to a postponement of the hearing as
15091509 provided by Section 41.45 unless the property owner waives in
15101510 writing notice of the hearing. The board shall deliver the notice
15111511 not later than the 15th day before the date of the hearing.
15121512 SECTION 2.38. Section 41.461, Tax Code, is amended to read
15131513 as follows:
15141514 Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING;
15151515 DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before the
15161516 first scheduled [a] hearing on a protest, the chief appraiser
15171517 shall:
15181518 (1) deliver a copy of the pamphlet prepared by the
15191519 comptroller under Section 5.06 [5.06(a)] to the property owner
15201520 initiating the protest if the owner is representing himself, or to
15211521 an agent representing the owner if requested by the agent;
15221522 (2) inform the property owner that the owner or the
15231523 agent of the owner is entitled on request to [may inspect and may
15241524 obtain] a copy of the data, schedules, formulas, and all other
15251525 information the chief appraiser will [plans to] introduce at the
15261526 hearing to establish any matter at issue; and
15271527 (3) deliver a copy of the hearing procedures
15281528 established by the appraisal review board under Section 41.66 to
15291529 the property owner.
15301530 (b) The chief appraiser may not charge a property owner or
15311531 the designated agent of the owner for copies provided to the [an]
15321532 owner or designated agent under this section, regardless of the
15331533 manner in which the copies are prepared or delivered [may not exceed
15341534 the charge for copies of public information as provided under
15351535 Subchapter F, Chapter 552, Government Code, except:
15361536 [(1) the total charge for copies provided in
15371537 connection with a protest of the appraisal of residential property
15381538 may not exceed $15 for each residence; and
15391539 [(2) the total charge for copies provided in
15401540 connection with a protest of the appraisal of a single unit of
15411541 property subject to appraisal, other than residential property, may
15421542 not exceed $25].
15431543 (c) A chief appraiser must deliver information requested by
15441544 a property owner or the agent of the owner under Subsection (a)(2):
15451545 (1) by regular first-class mail;
15461546 (2) in an electronic format as provided by an
15471547 agreement under Section 1.085; or
15481548 (3) subject to Subsection (d), by referring the
15491549 property owner or the agent of the owner to the exact Internet
15501550 location or uniform resource locator (URL) address on an Internet
15511551 website maintained by the appraisal district on which the requested
15521552 information is identifiable and readily available.
15531553 (d) If a chief appraiser provides a property owner or the
15541554 agent of the owner the Internet location or address of information
15551555 under Subsection (c)(3), the notice must contain a statement in a
15561556 conspicuous font that clearly indicates that the property owner or
15571557 the agent of the owner may on request receive the information by
15581558 regular first-class mail. On request by a property owner or the
15591559 agent of the owner, the chief appraiser must provide the
15601560 information by regular first-class mail.
15611561 SECTION 2.39. Section 41.47, Tax Code, is amended by adding
15621562 Subsections (c-2) and (f) and amending Subsections (d) and (e) to
15631563 read as follows:
15641564 (c-2) The board may not determine the appraised value of the
15651565 property that is the subject of a protest to be an amount greater
15661566 than the appraised value of the property as shown in the appraisal
15671567 records submitted to the board by the chief appraiser under Section
15681568 25.22 or 25.23.
15691569 (d) The board shall deliver by certified mail:
15701570 (1) a notice of issuance of the order and a copy of the
15711571 order to the property owner and the chief appraiser; and
15721572 (2) a copy of the appraisal review board survey form
15731573 prepared under Section 5.104 and instructions for completing and
15741574 submitting the form to the property owner.
15751575 (e) The notice of the issuance of the order must contain a
15761576 prominently printed statement in upper-case bold lettering
15771577 informing the property owner in clear and concise language of the
15781578 property owner's right to appeal the order of the board [board's
15791579 decision] to district court. The statement must describe the
15801580 deadline prescribed by Section 42.06(a) [of this code] for filing a
15811581 written notice of appeal[,] and the deadline prescribed by Section
15821582 42.21(a) [of this code] for filing the petition for review with the
15831583 district court.
15841584 (f) The appraisal review board shall take the actions
15851585 required by Subsections (a) and (d) not later than the 15th day
15861586 after the date the hearing on the protest is concluded.
15871587 SECTION 2.40. Section 41.66, Tax Code, is amended by
15881588 amending Subsections (h), (i), (j), and (k) and adding Subsections
15891589 (j-1), (k-1), and (p) to read as follows:
15901590 (h) The appraisal review board shall postpone a hearing on a
15911591 protest if the property owner or the designated agent of the owner
15921592 requests additional time to prepare for the hearing and establishes
15931593 to the board that the chief appraiser failed to comply with Section
15941594 41.461. The board is not required to postpone a hearing more than
15951595 one time under this subsection.
15961596 (i) A hearing on a protest filed by a property owner or the
15971597 designated agent of the owner [who is not represented by an agent
15981598 designated under Section 1.111] shall be set for a time and date
15991599 certain. If the hearing is not commenced within two hours of the
16001600 time set for the hearing, the appraisal review board shall postpone
16011601 the hearing on the request of the property owner or the designated
16021602 agent of the owner.
16031603 (j) On the request of a property owner or the [a] designated
16041604 agent of the owner, an appraisal review board shall schedule
16051605 hearings on protests concerning up to 20 designated properties to
16061606 be held consecutively on the same day. The designated properties
16071607 must be identified in the same notice of protest, and the notice
16081608 must contain in boldfaced type the statement "request for same-day
16091609 protest hearings." A property owner or the designated agent of the
16101610 owner may [not] file more than one request under this subsection
16111611 with the appraisal review board in the same tax year. The appraisal
16121612 review board may schedule hearings on protests concerning more than
16131613 20 properties filed by the same property owner or the designated
16141614 agent of the owner and may use different panels to conduct the
16151615 hearings based on the board's customary scheduling. The appraisal
16161616 review board may follow the practices customarily used by the board
16171617 in the scheduling of hearings under this subsection.
16181618 (j-1) An appraisal review board may schedule the hearings on
16191619 all protests filed by a property owner or the designated agent of
16201620 the owner to be held consecutively. The notice of the hearings must
16211621 state the date and time that the first hearing will begin, state the
16221622 date the last hearing will end, and list the order in which the
16231623 hearings will be held. The order of the hearings listed in the
16241624 notice may not be changed without the agreement of the property
16251625 owner or the designated agent of the owner, the chief appraiser, and
16261626 the appraisal review board. The board may not reschedule a hearing
16271627 for which notice is given under this subsection to a date earlier
16281628 than the seventh day after the date the last hearing was scheduled
16291629 to end unless agreed to by the property owner or the designated
16301630 agent of the owner, the chief appraiser, and the appraisal review
16311631 board. Unless agreed to by the parties, the board must provide
16321632 written notice of the date and time of the rescheduled hearing to
16331633 the property owner or the designated agent of the owner not later
16341634 than the seventh day before the date of the hearing.
16351635 (k) This subsection does not apply to a special panel
16361636 established under Section 6.425. If an appraisal review board sits
16371637 in panels to conduct protest hearings, protests shall be randomly
16381638 assigned to panels, except that the board may consider the type of
16391639 property subject to the protest or the ground of the protest for the
16401640 purpose of using the expertise of a particular panel in hearing
16411641 protests regarding particular types of property or based on
16421642 particular grounds. If a protest is scheduled to be heard by a
16431643 particular panel, the protest may not be reassigned to another
16441644 panel without the consent of the property owner or designated
16451645 agent. If the appraisal review board has cause to reassign a
16461646 protest to another panel, a property owner or designated agent may
16471647 agree to reassignment of the protest or may request that the hearing
16481648 on the protest be postponed. The board shall postpone the hearing
16491649 on that request. A change of members of a panel because of a
16501650 conflict of interest, illness, or inability to continue
16511651 participating in hearings for the remainder of the day does not
16521652 constitute reassignment of a protest to another panel.
16531653 (k-1) On the request of a property owner, an appraisal
16541654 review board to which Section 6.425 applies shall assign a protest
16551655 relating to property described by Section 6.425(b) to a special
16561656 panel. In addition, the chairman of the appraisal review board may
16571657 assign a protest relating to property not described by Section
16581658 6.425(b) to a special panel as authorized by Section 6.425(f).
16591659 Protests assigned to special panels shall be randomly assigned to
16601660 those panels. If a protest is scheduled to be heard by a particular
16611661 special panel, the protest may not be reassigned to another special
16621662 panel without the consent of the property owner or designated
16631663 agent. If the board has cause to reassign a protest to another
16641664 special panel, a property owner or designated agent may agree to
16651665 reassignment of the protest or may request that the hearing on the
16661666 protest be postponed. The board shall postpone the hearing on that
16671667 request. A change of members of a special panel because of a
16681668 conflict of interest, illness, or inability to continue
16691669 participating in hearings for the remainder of the day does not
16701670 constitute reassignment of a protest to another special panel.
16711671 (p) At the end of a hearing on a protest, the appraisal
16721672 review board shall provide the property owner or the designated
16731673 agent of the owner one or more documents indicating that the members
16741674 of the board hearing the protest signed the affidavit required by
16751675 Subsection (g).
16761676 SECTION 2.41. Section 41.67(d), Tax Code, is amended to
16771677 read as follows:
16781678 (d) Information that was previously requested under Section
16791679 41.461 by the protesting party that was not delivered [made
16801680 available] to the protesting party at least 14 days before the first
16811681 scheduled [or postponed] hearing may not be used or offered in any
16821682 form as evidence in the hearing, including as a document or through
16831683 argument or testimony.
16841684 SECTION 2.42. Section 41.71, Tax Code, is amended to read as
16851685 follows:
16861686 Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An
16871687 appraisal review board by rule shall provide for hearings on
16881688 protests [in the evening or] on a Saturday or after 5 p.m. on a
16891689 weekday [Sunday].
16901690 (b) The board may not schedule:
16911691 (1) the first hearing on a protest held on a weekday
16921692 evening to begin after 7 p.m.; or
16931693 (2) a hearing on a protest on a Sunday.
16941694 SECTION 2.43. Section 41A.06(b), Tax Code, as effective
16951695 September 1, 2017, is amended to read as follows:
16961696 (b) To initially qualify to serve as an arbitrator under
16971697 this chapter, a person must:
16981698 (1) meet the following requirements, as applicable:
16991699 (A) be licensed as an attorney in this state; or
17001700 (B) have:
17011701 (i) completed at least 30 hours of training
17021702 in arbitration and alternative dispute resolution procedures from a
17031703 university, college, or legal or real estate trade association; and
17041704 (ii) been licensed or certified
17051705 continuously during the five years preceding the date the person
17061706 agrees to serve as an arbitrator as:
17071707 (a) a real estate broker or sales
17081708 agent under Chapter 1101, Occupations Code;
17091709 (b) a real estate appraiser under
17101710 Chapter 1103, Occupations Code; or
17111711 (c) a certified public accountant
17121712 under Chapter 901, Occupations Code; [and]
17131713 (2) complete the course for training and education of
17141714 appraisal review board members established under Section 5.041 and
17151715 be issued a certificate indicating course completion;
17161716 (3) complete the training program on property tax law
17171717 for the training and education of arbitrators established under
17181718 Section 5.043; and
17191719 (4) agree to conduct an arbitration for a fee that is
17201720 not more than:
17211721 (A) $400, if the property qualifies as the
17221722 owner's residence homestead under Section 11.13 and the appraised
17231723 or market value, as applicable, of the property is $500,000 or less,
17241724 as determined by the order;
17251725 (B) $450, if the property qualifies as the
17261726 owner's residence homestead under Section 11.13 and the appraised
17271727 or market value, as applicable, of the property is more than
17281728 $500,000, as determined by the order;
17291729 (C) $450, if the property does not qualify as the
17301730 owner's residence homestead under Section 11.13 and the appraised
17311731 or market value, as applicable, of the property is $1 million or
17321732 less, as determined by the order;
17331733 (D) $750, if the property does not qualify as the
17341734 owner's residence homestead under Section 11.13 and the appraised
17351735 or market value, as applicable, of the property is more than $1
17361736 million but not more than $2 million, as determined by the order;
17371737 (E) $1,000, if the property does not qualify as
17381738 the owner's residence homestead under Section 11.13 and the
17391739 appraised or market value, as applicable, of the property is more
17401740 than $2 million but not more than $3 million, as determined by the
17411741 order; or
17421742 (F) $1,500, if the property does not qualify as
17431743 the owner's residence homestead under Section 11.13 and the
17441744 appraised or market value, as applicable, of the property is more
17451745 than $3 million but not more than $5 million, as determined by the
17461746 order.
17471747 SECTION 2.44. Section 41A.061(b), Tax Code, is amended to
17481748 read as follows:
17491749 (b) To renew the person's agreement to serve as an
17501750 arbitrator, the person must:
17511751 (1) file a renewal application with the comptroller at
17521752 the time and in the manner prescribed by the comptroller;
17531753 (2) continue to meet the requirements provided by
17541754 Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; and
17551755 (3) during the preceding two years have completed at
17561756 least eight hours of continuing education in arbitration and
17571757 alternative dispute resolution procedures offered by a university,
17581758 college, real estate trade association, or legal association.
17591759 SECTION 2.45. Section 41A.09(b), Tax Code, is amended to
17601760 read as follows:
17611761 (b) An award under this section:
17621762 (1) must include a determination of the appraised or
17631763 market value, as applicable, of the property that is the subject of
17641764 the appeal;
17651765 (2) may include any remedy or relief a court may order
17661766 under Chapter 42 in an appeal relating to the appraised or market
17671767 value of property;
17681768 (3) shall specify the arbitrator's fee, which may not
17691769 exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)];
17701770 (4) is final and may not be appealed except as
17711771 permitted under Section 171.088, Civil Practice and Remedies Code,
17721772 for an award subject to that section; and
17731773 (5) may be enforced in the manner provided by
17741774 Subchapter D, Chapter 171, Civil Practice and Remedies Code.
17751775 SECTION 2.46. Section 45.105(e), Education Code, is amended
17761776 to read as follows:
17771777 (e) The governing body of an independent school district
17781778 that governs a junior college district under Subchapter B, Chapter
17791779 130, in a county with a population of more than two million may
17801780 dedicate a specific percentage of the local tax levy to the use of
17811781 the junior college district for facilities and equipment or for the
17821782 maintenance and operating expenses of the junior college district.
17831783 To be effective, the dedication must be made by the governing body
17841784 on or before the date on which the governing body adopts its tax
17851785 rate for a year. The amount of local tax funds derived from the
17861786 percentage of the local tax levy dedicated to a junior college
17871787 district from a tax levy may not exceed the amount that would be
17881788 levied by five percent of the no-new-revenue [effective] tax rate
17891789 for the tax year calculated as provided by Section 26.04, Tax Code,
17901790 on all property taxable by the school district. All real property
17911791 purchased with these funds is the property of the school district,
17921792 but is subject to the exclusive control of the governing body of the
17931793 junior college district for as long as the junior college district
17941794 uses the property for educational purposes.
17951795 SECTION 2.47. Section 403.302(o), Government Code, is
17961796 amended to read as follows:
17971797 (o) The comptroller shall adopt rules governing the conduct
17981798 of the study after consultation with the comptroller's property tax
17991799 administration advisory board [Comptroller's Property Value Study
18001800 Advisory Committee].
18011801 SECTION 2.48. Section 102.007(d), Local Government Code, is
18021802 amended to read as follows:
18031803 (d) An adopted budget must contain a cover page that
18041804 includes:
18051805 (1) one of the following statements in 18-point or
18061806 larger type that accurately describes the adopted budget:
18071807 (A) "This budget will raise more revenue from
18081808 property taxes than last year's budget by an amount of (insert total
18091809 dollar amount of increase), which is a (insert percentage increase)
18101810 percent increase from last year's budget. The property tax revenue
18111811 to be raised from new property added to the tax roll this year is
18121812 (insert amount computed by multiplying the proposed tax rate by the
18131813 value of new property added to the roll).";
18141814 (B) "This budget will raise less revenue from
18151815 property taxes than last year's budget by an amount of (insert total
18161816 dollar amount of decrease), which is a (insert percentage decrease)
18171817 percent decrease from last year's budget. The property tax revenue
18181818 to be raised from new property added to the tax roll this year is
18191819 (insert amount computed by multiplying the proposed tax rate by the
18201820 value of new property added to the roll)."; or
18211821 (C) "This budget will raise the same amount of
18221822 revenue from property taxes as last year's budget. The property
18231823 tax revenue to be raised from new property added to the tax roll
18241824 this year is (insert amount computed by multiplying the proposed
18251825 tax rate by the value of new property added to the roll).";
18261826 (2) the record vote of each member of the governing
18271827 body by name voting on the adoption of the budget;
18281828 (3) the municipal property tax rates for the preceding
18291829 fiscal year, and each municipal property tax rate that has been
18301830 adopted or calculated for the current fiscal year, including:
18311831 (A) the property tax rate;
18321832 (B) the no-new-revenue [effective] tax rate;
18331833 (C) the no-new-revenue [effective] maintenance
18341834 and operations tax rate;
18351835 (D) the rollback tax rate; and
18361836 (E) the debt rate; and
18371837 (4) the total amount of municipal debt obligations.
18381838 SECTION 2.49. Section 111.008(d), Local Government Code, is
18391839 amended to read as follows:
18401840 (d) An adopted budget must contain a cover page that
18411841 includes:
18421842 (1) one of the following statements in 18-point or
18431843 larger type that accurately describes the adopted budget:
18441844 (A) "This budget will raise more revenue from
18451845 property taxes than last year's budget by an amount of (insert total
18461846 dollar amount of increase), which is a (insert percentage increase)
18471847 percent increase from last year's budget. The property tax revenue
18481848 to be raised from new property added to the tax roll this year is
18491849 (insert amount computed by multiplying the proposed tax rate by the
18501850 value of new property added to the roll).";
18511851 (B) "This budget will raise less revenue from
18521852 property taxes than last year's budget by an amount of (insert total
18531853 dollar amount of decrease), which is a (insert percentage decrease)
18541854 percent decrease from last year's budget. The property tax revenue
18551855 to be raised from new property added to the tax roll this year is
18561856 (insert amount computed by multiplying the proposed tax rate by the
18571857 value of new property added to the roll)."; or
18581858 (C) "This budget will raise the same amount of
18591859 revenue from property taxes as last year's budget. The property
18601860 tax revenue to be raised from new property added to the tax roll
18611861 this year is (insert amount computed by multiplying the proposed
18621862 tax rate by the value of new property added to the roll).";
18631863 (2) the record vote of each member of the
18641864 commissioners court by name voting on the adoption of the budget;
18651865 (3) the county property tax rates for the preceding
18661866 fiscal year, and each county property tax rate that has been adopted
18671867 or calculated for the current fiscal year, including:
18681868 (A) the property tax rate;
18691869 (B) the no-new-revenue [effective] tax rate;
18701870 (C) the no-new-revenue [effective] maintenance
18711871 and operations tax rate;
18721872 (D) the rollback tax rate; and
18731873 (E) the debt rate; and
18741874 (4) the total amount of county debt obligations.
18751875 SECTION 2.50. Section 111.039(d), Local Government Code, is
18761876 amended to read as follows:
18771877 (d) An adopted budget must contain a cover page that
18781878 includes:
18791879 (1) one of the following statements in 18-point or
18801880 larger type that accurately describes the adopted budget:
18811881 (A) "This budget will raise more revenue from
18821882 property taxes than last year's budget by an amount of (insert total
18831883 dollar amount of increase), which is a (insert percentage increase)
18841884 percent increase from last year's budget. The property tax revenue
18851885 to be raised from new property added to the tax roll this year is
18861886 (insert amount computed by multiplying the proposed tax rate by the
18871887 value of new property added to the roll).";
18881888 (B) "This budget will raise less revenue from
18891889 property taxes than last year's budget by an amount of (insert total
18901890 dollar amount of decrease), which is a (insert percentage decrease)
18911891 percent decrease from last year's budget. The property tax revenue
18921892 to be raised from new property added to the tax roll this year is
18931893 (insert amount computed by multiplying the proposed tax rate by the
18941894 value of new property added to the roll)."; or
18951895 (C) "This budget will raise the same amount of
18961896 revenue from property taxes as last year's budget. The property
18971897 tax revenue to be raised from new property added to the tax roll
18981898 this year is (insert amount computed by multiplying the proposed
18991899 tax rate by the value of new property added to the roll).";
19001900 (2) the record vote of each member of the
19011901 commissioners court by name voting on the adoption of the budget;
19021902 (3) the county property tax rates for the preceding
19031903 fiscal year, and each county property tax rate that has been adopted
19041904 or calculated for the current fiscal year, including:
19051905 (A) the property tax rate;
19061906 (B) the no-new-revenue [effective] tax rate;
19071907 (C) the no-new-revenue [effective] maintenance
19081908 and operations tax rate;
19091909 (D) the rollback tax rate; and
19101910 (E) the debt rate; and
19111911 (4) the total amount of county debt obligations.
19121912 SECTION 2.51. Section 111.068(c), Local Government Code, is
19131913 amended to read as follows:
19141914 (c) An adopted budget must contain a cover page that
19151915 includes:
19161916 (1) one of the following statements in 18-point or
19171917 larger type that accurately describes the adopted budget:
19181918 (A) "This budget will raise more revenue from
19191919 property taxes than last year's budget by an amount of (insert total
19201920 dollar amount of increase), which is a (insert percentage increase)
19211921 percent increase from last year's budget. The property tax revenue
19221922 to be raised from new property added to the tax roll this year is
19231923 (insert amount computed by multiplying the proposed tax rate by the
19241924 value of new property added to the roll).";
19251925 (B) "This budget will raise less revenue from
19261926 property taxes than last year's budget by an amount of (insert total
19271927 dollar amount of decrease), which is a (insert percentage decrease)
19281928 percent decrease from last year's budget. The property tax revenue
19291929 to be raised from new property added to the tax roll this year is
19301930 (insert amount computed by multiplying the proposed tax rate by the
19311931 value of new property added to the roll)."; or
19321932 (C) "This budget will raise the same amount of
19331933 revenue from property taxes as last year's budget. The property
19341934 tax revenue to be raised from new property added to the tax roll
19351935 this year is (insert amount computed by multiplying the proposed
19361936 tax rate by the value of new property added to the roll).";
19371937 (2) the record vote of each member of the
19381938 commissioners court by name voting on the adoption of the budget;
19391939 (3) the county property tax rates for the preceding
19401940 fiscal year, and each county property tax rate that has been adopted
19411941 or calculated for the current fiscal year, including:
19421942 (A) the property tax rate;
19431943 (B) the no-new-revenue [effective] tax rate;
19441944 (C) the no-new-revenue [effective] maintenance
19451945 and operations tax rate;
19461946 (D) the rollback tax rate; and
19471947 (E) the debt rate; and
19481948 (4) the total amount of county debt obligations.
19491949 SECTION 2.52. Sections 140.010(a), (d), (e), and (f), Local
19501950 Government Code, are amended to read as follows:
19511951 (a) In this section, "no-new-revenue [effective] tax rate"
19521952 and "rollback tax rate" mean the no-new-revenue [effective] tax
19531953 rate and rollback tax rate of a county or municipality, as
19541954 applicable, as calculated under Chapter 26, Tax Code.
19551955 (d) A county or municipality that proposes a property tax
19561956 rate that does not exceed the lower of the no-new-revenue
19571957 [effective] tax rate or the rollback tax rate shall provide the
19581958 following notice:
19591959 "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
19601960 RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
19611961 "A tax rate of $______ per $100 valuation has been proposed by the
19621962 governing body of (insert name of county or municipality).
19631963 PROPOSED TAX RATE $______ per $100
19641964 PRECEDING YEAR'S TAX RATE $______ per $100
19651965 NO-NEW-REVENUE [EFFECTIVE] TAX RATE $______ per $100
19661966 "The no-new-revenue [effective] tax rate is the total tax rate
19671967 needed to raise the same amount of property tax revenue for (insert
19681968 name of county or municipality) from the same properties in both the
19691969 (insert preceding tax year) tax year and the (insert current tax
19701970 year) tax year.
19711971 "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
19721972 FOLLOWS:
19731973 property tax amount = (rate) x (taxable value of your property) /
19741974 100
19751975 "For assistance or detailed information about tax calculations,
19761976 please contact:
19771977 (insert name of county or municipal tax assessor-collector)
19781978 (insert name of county or municipality) tax
19791979 assessor-collector
19801980 (insert address)
19811981 (insert telephone number)
19821982 (insert e-mail address)
19831983 (insert Internet website address, if applicable)"
19841984 (e) A county or municipality that proposes a property tax
19851985 rate that exceeds the lower of the no-new-revenue [effective] tax
19861986 rate or the rollback tax rate shall provide the following notice:
19871987 "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
19881988 RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
19891989 "A tax rate of $_____ per $100 valuation has been proposed for
19901990 adoption by the governing body of (insert name of county or
19911991 municipality). This rate exceeds the lower of the no-new-revenue
19921992 [effective] or rollback tax rate, and state law requires that two
19931993 public hearings be held by the governing body before adopting the
19941994 proposed tax rate. The governing body of (insert name of county or
19951995 municipality) proposes to use revenue attributable to the tax rate
19961996 increase for the purpose of (description of purpose of increase).
19971997 PROPOSED TAX RATE$______ per $100
19981998 PRECEDING YEAR'S TAX RATE$______ per $100
19991999 NO-NEW-REVENUE [EFFECTIVE] TAX RATE$______ per $100
20002000 ROLLBACK TAX RATE$______ per $100
20012001 "The no-new-revenue [effective] tax rate is the total tax rate
20022002 needed to raise the same amount of property tax revenue for (insert
20032003 name of county or municipality) from the same properties in both the
20042004 (insert preceding tax year) tax year and the (insert current tax
20052005 year) tax year.
20062006 "The rollback tax rate is the highest tax rate that (insert name of
20072007 county or municipality) may adopt before the voters are entitled to
20082008 petition for an election to limit the rate that may be approved to
20092009 the rollback tax rate.
20102010 "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
20112011 FOLLOWS:
20122012 property tax amount = (rate) x (taxable value of your property) /
20132013 100
20142014 "For assistance or detailed information about tax calculations,
20152015 please contact:
20162016 (insert name of county or municipal tax assessor-collector)
20172017 (insert name of county or municipality) tax
20182018 assessor-collector
20192019 (insert address)
20202020 (insert telephone number)
20212021 (insert e-mail address)
20222022 (insert Internet website address, if applicable)
20232023 "You are urged to attend and express your views at the following
20242024 public hearings on the proposed tax rate:
20252025 First Hearing: (insert date and time) at (insert location of
20262026 meeting).
20272027 Second Hearing: (insert date and time) at (insert location
20282028 of meeting)."
20292029 (f) A county or municipality shall:
20302030 (1) provide the notice required by Subsection (d) or
20312031 (e), as applicable, not later than the later of September 1 or the
20322032 30th day after the first date that the taxing unit has received each
20332033 applicable certified appraisal roll by:
20342034 (A) publishing the notice in a newspaper having
20352035 general circulation in:
20362036 (i) the county, in the case of notice
20372037 published by a county; or
20382038 (ii) the county in which the municipality
20392039 is located or primarily located, in the case of notice published by
20402040 a municipality; or
20412041 (B) mailing the notice to each property owner in:
20422042 (i) the county, in the case of notice
20432043 provided by a county; or
20442044 (ii) the municipality, in the case of
20452045 notice provided by a municipality; and
20462046 (2) post the notice prominently on the home page of the
20472047 Internet website of the county or municipality, if applicable,
20482048 beginning not later than the later of September 1 or the 30th day
20492049 after the first date that the taxing unit has received each
20502050 applicable certified appraisal roll and continuing until the county
20512051 or municipality adopts a tax rate.
20522052 SECTION 2.53. Section 8876.152(b), Special District Local
20532053 Laws Code, is amended to read as follows:
20542054 (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236],
20552055 Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
20562056 78th Legislature, Regular Session, 2003, applies] to the district.
20572057 SECTION 2.54. Section 49.236(a), Water Code, as added by
20582058 Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular
20592059 Session, 2003, is amended to read as follows:
20602060 (a) Before the board adopts an ad valorem tax rate for the
20612061 district for debt service, operation and maintenance purposes, or
20622062 contract purposes, the board shall give notice of each meeting of
20632063 the board at which the adoption of a tax rate will be considered.
20642064 The notice must:
20652065 (1) contain a statement in substantially the following
20662066 form:
20672067 "NOTICE OF PUBLIC HEARING ON TAX RATE
20682068 "The (name of the district) will hold a public hearing on a
20692069 proposed tax rate for the tax year (year of tax levy) on (date and
20702070 time) at (meeting place). Your individual taxes may increase at a
20712071 greater or lesser rate, or even decrease, depending on the tax rate
20722072 that is adopted and on the change in the taxable value of your
20732073 property in relation to the change in taxable value of all other
20742074 property [and the tax rate that is adopted]. The change in the
20752075 taxable value of your property in relation to the change in the
20762076 taxable value of all other property determines the distribution of
20772077 the tax burden among all property owners.
20782078 "(Names of all board members and, if a vote was taken, an
20792079 indication of how each voted on the proposed tax rate and an
20802080 indication of any absences.)";
20812081 (2) contain the following information:
20822082 (A) the district's total adopted tax rate for the
20832083 preceding year and the proposed tax rate, expressed as an amount per
20842084 $100;
20852085 (B) the difference, expressed as an amount per
20862086 $100 and as a percent increase or decrease, as applicable, in the
20872087 proposed tax rate compared to the adopted tax rate for the preceding
20882088 year;
20892089 (C) the average appraised value of a residence
20902090 homestead in the district in the preceding year and in the current
20912091 year; the district's total homestead exemption, other than an
20922092 exemption available only to disabled persons or persons 65 years of
20932093 age or older, applicable to that appraised value in each of those
20942094 years; and the average taxable value of a residence homestead in
20952095 the district in each of those years, disregarding any homestead
20962096 exemption available only to disabled persons or persons 65 years of
20972097 age or older;
20982098 (D) the amount of tax that would have been
20992099 imposed by the district in the preceding year on a residence
21002100 homestead appraised at the average appraised value of a residence
21012101 homestead in that year, disregarding any homestead exemption
21022102 available only to disabled persons or persons 65 years of age or
21032103 older;
21042104 (E) the amount of tax that would be imposed by the
21052105 district in the current year on a residence homestead appraised at
21062106 the average appraised value of a residence homestead in that year,
21072107 disregarding any homestead exemption available only to disabled
21082108 persons or persons 65 years of age or older, if the proposed tax
21092109 rate is adopted; [and]
21102110 (F) the difference between the amounts of tax
21112111 calculated under Paragraphs (D) and (E), expressed in dollars and
21122112 cents and described as the annual percentage increase or decrease,
21132113 as applicable, in the tax to be imposed by the district on the
21142114 average residence homestead in the district in the current year if
21152115 the proposed tax rate is adopted; and
21162116 (G) if the proposed combined debt service,
21172117 operation and maintenance, and contract tax rate would authorize
21182118 the qualified voters of the district by petition to require a
21192119 rollback election to be held in the district, a description of the
21202120 purpose of the proposed tax increase; and
21212121 (3) contain a statement in substantially the following
21222122 form:
21232123 "NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION
21242124 "If taxes on the average residence homestead increase by more
21252125 than eight percent, the qualified voters of the district by
21262126 petition may require that an election be held to determine whether
21272127 to reduce the operation and maintenance tax rate to the rollback tax
21282128 rate under Section 49.236(d), Water Code."
21292129 SECTION 2.55. The following provisions are repealed:
21302130 (1) Sections 403.302(m-1) and (n), Government Code;
21312131 (2) Sections 5.103(e) and (f), Tax Code;
21322132 (3) Section 6.412(e), Tax Code;
21332133 (4) Section 41A.06(c), Tax Code;
21342134 (5) Section 49.236, Water Code, as added by Chapter
21352135 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session,
21362136 2003; and
21372137 (6) Section 49.2361, Water Code.
21382138 SECTION 2.56. Section 5.041, Tax Code, as amended by this
21392139 Act, applies only to an appraisal review board member appointed to
21402140 serve a term of office that begins on or after January 1, 2018.
21412141 SECTION 2.57. The comptroller shall implement Section
21422142 5.043, Tax Code, as added by this Act, as soon as practicable after
21432143 January 1, 2018.
21442144 SECTION 2.58. (a) The comptroller shall comply with
21452145 Sections 5.07(f), (g), (h), and (i), Tax Code, as added by this Act,
21462146 as soon as practicable after January 1, 2018.
21472147 (b) The comptroller shall comply with Section 5.091, Tax
21482148 Code, as amended by this Act, not later than January 1, 2021.
21492149 SECTION 2.59. The comptroller shall prepare and make
21502150 available the survey form and instructions for completing and
21512151 submitting the form required by Section 5.104, Tax Code, as added by
21522152 this Act, as soon as practicable after January 1, 2018. An
21532153 appraisal district is not required to provide the survey form or
21542154 instructions under a requirement of that section until the form and
21552155 instructions are prepared and made available by the comptroller.
21562156 SECTION 2.60. Section 6.41(d-9), Tax Code, as amended by
21572157 this Act, applies only to the appointment of appraisal review board
21582158 members to terms beginning on or after January 1, 2019.
21592159 SECTION 2.61. Section 6.412, Tax Code, as amended by this
21602160 Act, does not affect the eligibility of a person serving on an
21612161 appraisal review board immediately before January 1, 2018, to
21622162 continue to serve on the board for the term to which the member was
21632163 appointed.
21642164 SECTION 2.62. Section 6.42(d), Tax Code, as added by this
21652165 Act, applies only to a recommendation, determination, decision, or
21662166 other action by an appraisal review board or a panel of such a board
21672167 on or after January 1, 2018. A recommendation, determination,
21682168 decision, or other action by an appraisal review board or a panel of
21692169 such a board before January 1, 2018, is governed by the law as it
21702170 existed immediately before that date, and that law is continued in
21712171 effect for that purpose.
21722172 SECTION 2.63. Section 25.25(c), Tax Code, as amended by
21732173 this Act, applies only to a motion to correct an appraisal roll
21742174 filed on or after January 1, 2018. A motion to correct an appraisal
21752175 roll filed before January 1, 2018, is governed by the law in effect
21762176 on the date the motion was filed, and the former law is continued in
21772177 effect for that purpose.
21782178 SECTION 2.64. (a) An appraisal district established in a
21792179 county with a population of 120,000 or more and each taxing unit
21802180 located wholly or partly in such an appraisal district shall comply
21812181 with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18,
21822182 Tax Code, as added by this Act, beginning with the 2019 tax year.
21832183 (b) An appraisal district established in a county with a
21842184 population of less than 120,000 and each taxing unit located wholly
21852185 in such an appraisal district shall comply with Sections
21862186 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as
21872187 added by this Act, beginning with the 2020 tax year.
21882188 SECTION 2.65. (a) Except as provided by Subsections (b) and
21892189 (c) of this section, the changes in law made by this Act to Chapter
21902190 41, Tax Code, apply only to a protest for which the notice of
21912191 protest was filed by a property owner or the designated agent of the
21922192 owner with the appraisal review board established for an appraisal
21932193 district on or after January 1, 2018.
21942194 (b) Section 41.03(a), Tax Code, as amended by this Act,
21952195 applies only to a challenge under Chapter 41, Tax Code, for which a
21962196 challenge petition is filed on or after January 1, 2018. A
21972197 challenge under Chapter 41, Tax Code, for which a challenge
21982198 petition was filed before January 1, 2018, is governed by the law in
21992199 effect on the date the challenge petition was filed, and the former
22002200 law is continued in effect for that purpose.
22012201 (c) Sections 41.45 and 41.66, Tax Code, as amended by this
22022202 Act, apply only to a protest filed under Chapter 41, Tax Code, on or
22032203 after January 1, 2019. A protest filed under that chapter before
22042204 January 1, 2019, is governed by the law in effect on the date the
22052205 protest was filed, and the former law is continued in effect for
22062206 that purpose.
22072207 SECTION 2.66. The changes in law made by this Act in the
22082208 qualifications of persons serving as arbitrators in binding
22092209 arbitrations of appeals of appraisal review board orders do not
22102210 affect the entitlement of a person serving as an arbitrator
22112211 immediately before January 1, 2018, to continue to serve as an
22122212 arbitrator and to conduct hearings on arbitrations until the person
22132213 is required to renew the person's agreement with the comptroller to
22142214 serve as an arbitrator. The changes in law apply only to a person
22152215 who initially qualifies to serve as an arbitrator or who renews the
22162216 person's agreement with the comptroller to serve as an arbitrator
22172217 on or after January 1, 2018. This Act does not prohibit a person who
22182218 is serving as an arbitrator on January 1, 2018, from renewing the
22192219 person's agreement with the comptroller to serve as an arbitrator
22202220 if the person has the qualifications required for an arbitrator
22212221 under the Tax Code as amended by this Act.
22222222 SECTION 2.67. (a) Except as otherwise provided by this
22232223 article, this article takes effect January 1, 2018.
22242224 (b) The following provisions take effect September 1, 2018:
22252225 (1) Sections 6.41(b) and (d-9), Tax Code, as amended
22262226 by this Act;
22272227 (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code,
22282228 as added by this Act;
22292229 (3) Section 6.414(d), Tax Code, as amended by this
22302230 Act;
22312231 (4) Section 6.425, Tax Code, as added by this Act;
22322232 (5) Section 41.44(d), Tax Code, as amended by this
22332233 Act;
22342234 (6) Section 41.45(d), Tax Code, as amended by this
22352235 Act;
22362236 (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code,
22372237 as added by this Act;
22382238 (8) Section 41.66(k), Tax Code, as amended by this
22392239 Act; and
22402240 (9) Section 41.66(k-1), Tax Code, as added by this
22412241 Act.
22422242 (c) The following provisions take effect January 1, 2019:
22432243 (1) Sections 26.04(d-1), (d-2), (e-2), (e-3), and
22442244 (e-4), Tax Code, as added by this Act;
22452245 (2) Sections 26.04(e-1) and (g), Tax Code, as amended
22462246 by this Act;
22472247 (3) Sections 26.05(d-1) and (d-2), Tax Code, as added
22482248 by this Act; and
22492249 (4) Section 26.05(e), Tax Code, as amended by this
22502250 Act.
22512251 ARTICLE 3. LIMITATION ON INCREASES IN APPRAISED VALUE OF
22522252 COMMERCIAL OR INDUSTRIAL REAL PROPERTY
22532253 SECTION 3.01. Section 1.12(d), Tax Code, is amended to read
22542254 as follows:
22552255 (d) For purposes of this section, the appraisal ratio of a
22562256 homestead to which Section 23.23 applies or of commercial or
22572257 industrial real property to which Section 23.231 applies is the
22582258 ratio of the property's market value as determined by the appraisal
22592259 district or appraisal review board, as applicable, to the market
22602260 value of the property according to law. The appraisal ratio is not
22612261 calculated according to the appraised value of the property as
22622262 limited by Section 23.23 or 23.231.
22632263 SECTION 3.02. Subchapter B, Chapter 23, Tax Code, is
22642264 amended by adding Section 23.231 to read as follows:
22652265 Sec. 23.231. LIMITATION ON APPRAISED VALUE OF COMMERCIAL OR
22662266 INDUSTRIAL REAL PROPERTY. (a) In this section, "new improvement"
22672267 means an improvement to commercial or industrial real property made
22682268 after the most recent appraisal of the property that increases the
22692269 market value of the property and the value of which is not included
22702270 in the appraised value of the property for the preceding tax
22712271 year. The term does not include repairs to or ordinary maintenance
22722272 of an existing structure or the grounds or another feature of the
22732273 property.
22742274 (b) This section does not apply to:
22752275 (1) residential property;
22762276 (2) a mineral interest; or
22772277 (3) property appraised under Subchapter C, D, E, F, G,
22782278 or H.
22792279 (c) Notwithstanding the requirements of Section 25.18 and
22802280 regardless of whether the appraisal office has appraised the
22812281 property and determined the market value of the property for the tax
22822282 year, an appraisal office may increase the appraised value of a
22832283 parcel of commercial or industrial real property for a tax year to
22842284 an amount not to exceed the lesser of:
22852285 (1) the market value of the property for the most
22862286 recent tax year that the market value was determined by the
22872287 appraisal office; or
22882288 (2) the sum of:
22892289 (A) 20 percent of the appraised value of the
22902290 property for the preceding tax year;
22912291 (B) the appraised value of the property for the
22922292 preceding tax year; and
22932293 (C) the market value of all new improvements to
22942294 the property.
22952295 (d) When appraising a parcel of commercial or industrial
22962296 real property, the chief appraiser shall:
22972297 (1) appraise the property at its market value; and
22982298 (2) include in the appraisal records both the market
22992299 value of the property and the amount computed under Subsection
23002300 (c)(2).
23012301 (e) The limitation provided by Subsection (c) takes effect
23022302 as to a parcel of commercial or industrial real property on January
23032303 1 of the tax year following the first tax year in which the owner
23042304 owns the property on January 1 and in which the property qualifies
23052305 as commercial or industrial real property under this section.
23062306 Except as provided by Subsection (f), the limitation expires on
23072307 January 1 of the tax year following the first tax year in which the
23082308 owner of the property ceases to own the property or the property
23092309 ceases to qualify as commercial or industrial real property.
23102310 (f) If property subject to a limitation under this section
23112311 is owned by two or more persons, the limitation expires on January 1
23122312 of the tax year following the first tax year in which the ownership
23132313 of at least a 50 percent interest in the property is sold or
23142314 otherwise transferred.
23152315 (g) Notwithstanding Subsections (a) and (c) and except as
23162316 provided by Subdivision (2) of this subsection, an improvement to
23172317 property that would otherwise constitute a new improvement is not
23182318 treated as a new improvement if the improvement is a replacement
23192319 structure for a structure that was rendered unusable by a casualty
23202320 or by wind or water damage. For purposes of appraising the property
23212321 under Subsection (c) in the tax year in which the structure would
23222322 have constituted a new improvement:
23232323 (1) the appraised value the property would have had in
23242324 the preceding tax year if the casualty or damage had not occurred is
23252325 considered to be the appraised value of the property for that year,
23262326 regardless of whether that appraised value exceeds the actual
23272327 appraised value of the property for that year as limited by
23282328 Subsection (c); and
23292329 (2) the replacement structure is considered to be a
23302330 new improvement only if:
23312331 (A) the square footage of the replacement
23322332 structure exceeds that of the replaced structure as that structure
23332333 existed before the casualty or damage occurred; or
23342334 (B) the exterior of the replacement structure is
23352335 of higher quality construction and composition than that of the
23362336 replaced structure.
23372337 (h) In this subsection, "disaster recovery program" means
23382338 the disaster recovery program administered by the General Land
23392339 Office that is funded with community development block grant
23402340 disaster recovery money authorized by the Consolidated Security,
23412341 Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub.
23422342 L. No. 110-329), and the Consolidated and Further Continuing
23432343 Appropriations Act, 2012 (Pub. L. No. 112-55). Notwithstanding
23442344 Subsection (g)(2), and only to the extent necessary to satisfy the
23452345 requirements of the disaster recovery program, a replacement
23462346 structure described by that subdivision is not considered to be a
23472347 new improvement if to satisfy the requirements of the disaster
23482348 recovery program it was necessary that:
23492349 (1) the square footage of the replacement structure
23502350 exceed that of the replaced structure as that structure existed
23512351 before the casualty or damage occurred; or
23522352 (2) the exterior of the replacement structure be of
23532353 higher quality construction and composition than that of the
23542354 replaced structure.
23552355 SECTION 3.03. (a) Effective January 1, 2018, Sections
23562356 25.19(b) and (g), Tax Code, are amended to read as follows:
23572357 (b) The chief appraiser shall separate real from personal
23582358 property and include in the notice for each:
23592359 (1) a list of the taxing units in which the property is
23602360 taxable;
23612361 (2) the appraised value of the property in the
23622362 preceding year;
23632363 (3) the taxable value of the property in the preceding
23642364 year for each taxing unit taxing the property;
23652365 (4) the appraised value of the property for the
23662366 current year, the kind and amount of each exemption and partial
23672367 exemption, if any, approved for the property for the current year
23682368 and for the preceding year, and, if an exemption or partial
23692369 exemption that was approved for the preceding year was canceled or
23702370 reduced for the current year, the amount of the exemption or partial
23712371 exemption canceled or reduced;
23722372 (4-a) a statement of whether the property qualifies
23732373 for the limitation on appraised value provided by Section 23.231;
23742374 (5) if the appraised value is greater than it was in
23752375 the preceding year, the amount of tax that would be imposed on the
23762376 property on the basis of the tax rate for the preceding year;
23772377 (6) in italic typeface, the following
23782378 statement: "The Texas Legislature does not set the amount of your
23792379 local taxes. Your property tax burden is decided by your locally
23802380 elected officials, and all inquiries concerning your taxes should
23812381 be directed to those officials";
23822382 (7) a detailed explanation of the time and procedure
23832383 for protesting the value;
23842384 (8) the date and place the appraisal review board will
23852385 begin hearing protests; and
23862386 (9) a brief explanation that the governing body of
23872387 each taxing unit decides whether or not taxes on the property will
23882388 increase and the appraisal district only determines the value of
23892389 the property.
23902390 (g) By April 1 or as soon thereafter as practicable if the
23912391 property is a single-family residence that qualifies for an
23922392 exemption under Section 11.13, or by May 1 or as soon thereafter as
23932393 practicable in connection with any other property, the chief
23942394 appraiser shall deliver a written notice to the owner of each
23952395 property not included in a notice required to be delivered under
23962396 Subsection (a), if the property was reappraised in the current tax
23972397 year, if the ownership of the property changed during the preceding
23982398 year, or if the property owner or the agent of a property owner
23992399 authorized under Section 1.111 makes a written request for the
24002400 notice. The chief appraiser shall separate real from personal
24012401 property and include in the notice for each property:
24022402 (1) the appraised value of the property in the
24032403 preceding year;
24042404 (2) the appraised value of the property for the
24052405 current year and the kind of each partial exemption, if any,
24062406 approved for the current year;
24072407 (2-a) a statement of whether the property qualifies
24082408 for the limitation on appraised value provided by Section 23.231;
24092409 (3) a detailed explanation of the time and procedure
24102410 for protesting the value; and
24112411 (4) the date and place the appraisal review board will
24122412 begin hearing protests.
24132413 (b) Effective January 1, 2020, Sections 25.19(b) and (i),
24142414 Tax Code, are amended to read as follows:
24152415 (b) The chief appraiser shall separate real from personal
24162416 property and include in the notice for each:
24172417 (1) a list of the taxing units in which the property is
24182418 taxable;
24192419 (2) the appraised value of the property in the
24202420 preceding year;
24212421 (3) the taxable value of the property in the preceding
24222422 year for each taxing unit taxing the property;
24232423 (4) the appraised value of the property for the
24242424 current year, the kind and amount of each exemption and partial
24252425 exemption, if any, approved for the property for the current year
24262426 and for the preceding year, and, if an exemption or partial
24272427 exemption that was approved for the preceding year was canceled or
24282428 reduced for the current year, the amount of the exemption or partial
24292429 exemption canceled or reduced;
24302430 (4-a) a statement of whether the property qualifies
24312431 for the limitation on appraised value provided by Section 23.231;
24322432 (5) [if the appraised value is greater than it was in
24332433 the preceding year, the amount of tax that would be imposed on the
24342434 property on the basis of the tax rate for the preceding year;
24352435 [(6)] in italic typeface, the following
24362436 statement: "The Texas Legislature does not set the amount of your
24372437 local taxes. Your property tax burden is decided by your locally
24382438 elected officials, and all inquiries concerning your taxes should
24392439 be directed to those officials";
24402440 (6) [(7)] a detailed explanation of the time and
24412441 procedure for protesting the value;
24422442 (7) [(8)] the date and place the appraisal review
24432443 board will begin hearing protests; and
24442444 (8) [(9)] a brief explanation that the governing body
24452445 of each taxing unit decides whether or not taxes on the property
24462446 will increase and the appraisal district only determines the value
24472447 of the property.
24482448 (i) Delivery with a notice required by Subsection (a) or (g)
24492449 of a copy of the pamphlet published by the comptroller under Section
24502450 5.06 or a copy of the notice published by the chief appraiser under
24512451 Section 41.70 is sufficient to comply with the requirement that the
24522452 notice include the information specified by Subsection (b)(6)
24532453 [(b)(7)] or (g)(3), as applicable.
24542454 SECTION 3.04. Section 41.41(a), Tax Code, is amended to
24552455 read as follows:
24562456 (a) A property owner is entitled to protest before the
24572457 appraisal review board the following actions:
24582458 (1) determination of the appraised value of the
24592459 owner's property or, in the case of land appraised as provided by
24602460 Subchapter C, D, E, or H, Chapter 23, determination of its appraised
24612461 or market value;
24622462 (2) unequal appraisal of the owner's property;
24632463 (3) inclusion of the owner's property on the appraisal
24642464 records;
24652465 (4) denial to the property owner in whole or in part of
24662466 a partial exemption;
24672467 (4-a) determination that the owner's property does not
24682468 qualify for the limitation on appraised value provided by Section
24692469 23.231;
24702470 (5) determination that the owner's land does not
24712471 qualify for appraisal as provided by Subchapter C, D, E, or H,
24722472 Chapter 23;
24732473 (6) identification of the taxing units in which the
24742474 owner's property is taxable in the case of the appraisal district's
24752475 appraisal roll;
24762476 (7) determination that the property owner is the owner
24772477 of property;
24782478 (8) a determination that a change in use of land
24792479 appraised under Subchapter C, D, E, or H, Chapter 23, has occurred;
24802480 or
24812481 (9) any other action of the chief appraiser, appraisal
24822482 district, or appraisal review board that applies to and adversely
24832483 affects the property owner.
24842484 SECTION 3.05. Section 42.26(d), Tax Code, is amended to
24852485 read as follows:
24862486 (d) For purposes of this section, the value of the property
24872487 subject to the suit and the value of a comparable property or sample
24882488 property that is used for comparison must be the market value
24892489 determined by the appraisal district when the property is [a
24902490 residence homestead] subject to the limitation on appraised value
24912491 imposed by Section 23.23 or 23.231.
24922492 SECTION 3.06. Sections 403.302(d) and (i), Government Code,
24932493 are amended to read as follows:
24942494 (d) For the purposes of this section, "taxable value" means
24952495 the market value of all taxable property less:
24962496 (1) the total dollar amount of any residence homestead
24972497 exemptions lawfully granted under Section 11.13(b) or (c), Tax
24982498 Code, in the year that is the subject of the study for each school
24992499 district;
25002500 (2) one-half of the total dollar amount of any
25012501 residence homestead exemptions granted under Section 11.13(n), Tax
25022502 Code, in the year that is the subject of the study for each school
25032503 district;
25042504 (3) the total dollar amount of any exemptions granted
25052505 before May 31, 1993, within a reinvestment zone under agreements
25062506 authorized by Chapter 312, Tax Code;
25072507 (4) subject to Subsection (e), the total dollar amount
25082508 of any captured appraised value of property that:
25092509 (A) is within a reinvestment zone created on or
25102510 before May 31, 1999, or is proposed to be included within the
25112511 boundaries of a reinvestment zone as the boundaries of the zone and
25122512 the proposed portion of tax increment paid into the tax increment
25132513 fund by a school district are described in a written notification
25142514 provided by the municipality or the board of directors of the zone
25152515 to the governing bodies of the other taxing units in the manner
25162516 provided by former Section 311.003(e), Tax Code, before May 31,
25172517 1999, and within the boundaries of the zone as those boundaries
25182518 existed on September 1, 1999, including subsequent improvements to
25192519 the property regardless of when made;
25202520 (B) generates taxes paid into a tax increment
25212521 fund created under Chapter 311, Tax Code, under a reinvestment zone
25222522 financing plan approved under Section 311.011(d), Tax Code, on or
25232523 before September 1, 1999; and
25242524 (C) is eligible for tax increment financing under
25252525 Chapter 311, Tax Code;
25262526 (5) the total dollar amount of any captured appraised
25272527 value of property that:
25282528 (A) is within a reinvestment zone:
25292529 (i) created on or before December 31, 2008,
25302530 by a municipality with a population of less than 18,000; and
25312531 (ii) the project plan for which includes
25322532 the alteration, remodeling, repair, or reconstruction of a
25332533 structure that is included on the National Register of Historic
25342534 Places and requires that a portion of the tax increment of the zone
25352535 be used for the improvement or construction of related facilities
25362536 or for affordable housing;
25372537 (B) generates school district taxes that are paid
25382538 into a tax increment fund created under Chapter 311, Tax Code; and
25392539 (C) is eligible for tax increment financing under
25402540 Chapter 311, Tax Code;
25412541 (6) the total dollar amount of any exemptions granted
25422542 under Section 11.251 or 11.253, Tax Code;
25432543 (7) the difference between the comptroller's estimate
25442544 of the market value and the productivity value of land that
25452545 qualifies for appraisal on the basis of its productive capacity,
25462546 except that the productivity value estimated by the comptroller may
25472547 not exceed the fair market value of the land;
25482548 (8) the portion of the appraised value of residence
25492549 homesteads of individuals who receive a tax limitation under
25502550 Section 11.26, Tax Code, on which school district taxes are not
25512551 imposed in the year that is the subject of the study, calculated as
25522552 if the residence homesteads were appraised at the full value
25532553 required by law;
25542554 (9) a portion of the market value of property not
25552555 otherwise fully taxable by the district at market value because of:
25562556 (A) action required by statute or the
25572557 constitution of this state, other than Section 11.311, Tax Code,
25582558 that, if the tax rate adopted by the district is applied to it,
25592559 produces an amount equal to the difference between the tax that the
25602560 district would have imposed on the property if the property were
25612561 fully taxable at market value and the tax that the district is
25622562 actually authorized to impose on the property, if this subsection
25632563 does not otherwise require that portion to be deducted; or
25642564 (B) action taken by the district under Subchapter
25652565 B or C, Chapter 313, Tax Code, before the expiration of the
25662566 subchapter;
25672567 (10) the market value of all tangible personal
25682568 property, other than manufactured homes, owned by a family or
25692569 individual and not held or used for the production of income;
25702570 (11) the appraised value of property the collection of
25712571 delinquent taxes on which is deferred under Section 33.06, Tax
25722572 Code;
25732573 (12) the portion of the appraised value of property
25742574 the collection of delinquent taxes on which is deferred under
25752575 Section 33.065, Tax Code; and
25762576 (13) the amount by which the market value of property
25772577 [a residence homestead] to which Section 23.23 or 23.231, Tax Code,
25782578 applies exceeds the appraised value of that property as calculated
25792579 under Section 23.23 or 23.231, Tax Code, as applicable [that
25802580 section].
25812581 (i) If the comptroller determines in the study that the
25822582 market value of property in a school district as determined by the
25832583 appraisal district that appraises property for the school district,
25842584 less the total of the amounts and values listed in Subsection (d) as
25852585 determined by that appraisal district, is valid, the comptroller,
25862586 in determining the taxable value of property in the school district
25872587 under Subsection (d), shall for purposes of Subsection (d)(13)
25882588 subtract from the market value as determined by the appraisal
25892589 district of properties [residence homesteads] to which Section
25902590 23.23 or 23.231, Tax Code, applies the amount by which that amount
25912591 exceeds the appraised value of those properties as calculated by
25922592 the appraisal district under Section 23.23 or 23.231, Tax Code, as
25932593 applicable. If the comptroller determines in the study that the
25942594 market value of property in a school district as determined by the
25952595 appraisal district that appraises property for the school district,
25962596 less the total of the amounts and values listed in Subsection (d) as
25972597 determined by that appraisal district, is not valid, the
25982598 comptroller, in determining the taxable value of property in the
25992599 school district under Subsection (d), shall for purposes of
26002600 Subsection (d)(13) subtract from the market value as estimated by
26012601 the comptroller of properties [residence homesteads] to which
26022602 Section 23.23 or 23.231, Tax Code, applies the amount by which that
26032603 amount exceeds the appraised value of those properties as
26042604 calculated by the appraisal district under Section 23.23 or 23.231,
26052605 Tax Code, as applicable.
26062606 SECTION 3.07. This article applies only to the appraisal of
26072607 commercial or industrial real property for ad valorem tax purposes
26082608 for a tax year that begins on or after January 1, 2018.
26092609 SECTION 3.08. Except as otherwise provided by this article,
26102610 this article takes effect January 1, 2018, but only if the
26112611 constitutional amendment proposed by the 85th Legislature, 1st
26122612 Called Session, 2017, to authorize the legislature to limit
26132613 increases in the appraised value of commercial or industrial real
26142614 property for ad valorem tax purposes to 20 percent or more of the
26152615 appraised value of the property for the preceding tax year is
26162616 approved by the voters. If that amendment is not approved by the
26172617 voters, this article has no effect.
26182618 ARTICLE 4. EFFECTIVE DATE
26192619 SECTION 4.01. Except as otherwise provided by this Act,
26202620 this Act takes effect January 1, 2018.