Texas 2017 - 85th 1st C.S.

Texas House Bill HB32 Compare Versions

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1-By: Bonnen of Brazoria, et al. H.B. No. 32
2- (Senate Sponsor - Bettencourt)
3- (In the Senate - Received from the House August 4, 2017;
4- August 7, 2017, read first time and referred to Select Committee on
5- Government Reform; August 11, 2017, reported adversely, with
6- favorable Committee Substitute by the following vote: Yeas 7,
7- Nays 0; August 11, 2017, sent to printer.)
8-Click here to see the committee vote
9- COMMITTEE SUBSTITUTE FOR H.B. No. 32 By: Bettencourt
1+By: Bonnen of Brazoria, Shine, Raymond, H.B. No. 32
2+ Murphy, Darby, et al.
103
114
125 A BILL TO BE ENTITLED
136 AN ACT
147 relating to the administration of the ad valorem tax system;
158 authorizing fees.
169 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17- SECTION 1. Section 1.085(a), Tax Code, is amended to read as
10+ SECTION 1. This Act may be cited as the Property Tax Payer
11+ Empowerment Act of 2017.
12+ SECTION 2. Section 1.085(a), Tax Code, is amended to read as
1813 follows:
1914 (a) Notwithstanding any other provision in this title and
2015 except as provided by this section, any notice, rendition,
2116 application form, or completed application, or information
2217 requested under Section 41.461(a)(2), that is required or permitted
2318 by this title to be delivered between a chief appraiser, an
2419 appraisal district, an appraisal review board, or any combination
2520 of those persons and a property owner or [between a chief appraiser,
2621 an appraisal district, an appraisal review board, or any
2722 combination of those persons and] a person designated by a property
2823 owner under Section 1.111(f) may be delivered in an electronic
2924 format if the chief appraiser and the property owner or person
3025 designated by the owner agree under this section.
31- SECTION 2. Chapter 5, Tax Code, is amended by adding Section
26+ SECTION 3. Chapter 5, Tax Code, is amended by adding Section
3227 5.01 to read as follows:
3328 Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD.
3429 (a) The comptroller shall appoint the property tax administration
3530 advisory board to advise the comptroller with respect to the
3631 division or divisions within the office of the comptroller with
3732 primary responsibility for state administration of property
3833 taxation and state oversight of appraisal districts and local tax
3934 offices. The advisory board may make recommendations to the
4035 comptroller regarding improving the effectiveness and efficiency
4136 of the property tax system, best practices, and complaint
42- resolution procedures.
37+ resolution procedures. In addition, the advisory board shall
38+ advise the comptroller on matters relating to the administration of
39+ the local tax system related to identifying instances in which
40+ state or local laws result in inconsistent or contradictory tax
41+ determinations related to any tax that is derived from property
42+ that is subject to ad valorem taxation, and the advisory board shall
43+ report the advisory board's findings to the legislature before the
44+ next legislative session. The comptroller shall post the
45+ recommendations of the advisory board on the comptroller's Internet
46+ website.
4347 (b) The advisory board is composed of at least six members
4448 appointed by the comptroller. The members of the board should
4549 include:
4650 (1) representatives of property tax payers, appraisal
47- districts, and school districts; and
51+ districts, and school districts and other taxing units; and
4852 (2) a person who has knowledge or experience in
4953 conducting ratio studies.
5054 (c) The members of the advisory board serve at the pleasure
5155 of the comptroller.
5256 (d) Any advice to the comptroller relating to a matter
5357 described by Subsection (a) that is provided by a member of the
5458 advisory board must be provided at a meeting called by the
5559 comptroller.
5660 (e) Chapter 2110, Government Code, does not apply to the
5761 advisory board.
58- SECTION 3. Sections 5.041(b), (c), and (e-1), Tax Code, are
59- amended to read as follows:
62+ SECTION 4. Sections 5.041(b), (c), (e-1), and (e-3), Tax
63+ Code, are amended to read as follows:
6064 (b) A member of the appraisal review board established for
6165 an appraisal district must complete the course established under
6266 Subsection (a). The course must provide at least eight hours of
6367 classroom training and education. A member of the appraisal review
6468 board may not participate in a hearing conducted by the board unless
6569 the person has completed the course established under Subsection
6670 (a) and received a certificate of course completion.
6771 (c) The comptroller may contract with service providers to
6872 assist with the duties imposed under Subsection (a), but the course
6973 required may not be provided by an appraisal district, the chief
7074 appraiser or another employee of an appraisal district, a member of
7175 the board of directors of an appraisal district, a member of an
7276 appraisal review board, or a taxing unit. The comptroller may
7377 assess a fee to recover a portion of the costs incurred for the
7478 training course, but the fee may not exceed $50 per person trained.
7579 If the training is provided to an individual other than a member of
7680 an appraisal review board, the comptroller may assess a fee not to
7781 exceed $50 per person trained.
7882 (e-1) In addition to the course established under
7983 Subsection (a), the comptroller shall approve curricula and provide
8084 materials for use in a continuing education course for members of an
8185 appraisal review board. The course must provide at least four hours
8286 of classroom training and education. The curricula and materials
8387 must include information regarding:
8488 (1) the cost, income, and market data comparison
8589 methods of appraising property;
8690 (2) the appraisal of business personal property;
8791 (3) the determination of capitalization rates for
8892 property appraisal purposes;
8993 (4) the duties of an appraisal review board;
9094 (5) the requirements regarding the independence of an
9195 appraisal review board from the board of directors and the chief
9296 appraiser and other employees of the appraisal district;
9397 (6) the prohibitions against ex parte communications
9498 applicable to appraisal review board members;
9599 (7) the Uniform Standards of Professional Appraisal
96100 Practice;
97101 (8) the duty of the appraisal district to substantiate
98102 the district's determination of the value of property;
99103 (9) the requirements regarding the equal and uniform
100104 appraisal of property;
101105 (10) the right of a property owner to protest the
102106 appraisal of the property as provided by Chapter 41; and
103107 (11) a detailed explanation of each of the actions
104108 described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413,
105109 41.42, and 41.43 so that members are fully aware of each of the
106110 grounds on which a property appraisal can be appealed.
107- SECTION 4. Chapter 5, Tax Code, is amended by adding Section
111+ (e-3) The comptroller may contract with service providers
112+ to assist with the duties imposed under Subsection (e-1), but the
113+ course required by that subsection may not be provided by an
114+ appraisal district, the chief appraiser or another employee of an
115+ appraisal district, a member of the board of directors of an
116+ appraisal district, a member of an appraisal review board, or a
117+ taxing unit. The comptroller may assess a fee to recover a portion
118+ of the costs incurred for the continuing education course, but the
119+ fee may not exceed $50 for each person trained. If the training is
120+ provided to an individual other than a member of an appraisal review
121+ board, the comptroller may assess a fee not to exceed $50 per person
122+ trained.
123+ SECTION 5. Chapter 5, Tax Code, is amended by adding Section
108124 5.043 to read as follows:
109125 Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section
110126 applies only to persons who have agreed to serve as arbitrators
111127 under Chapter 41A.
112128 (b) The comptroller shall:
113129 (1) approve curricula and provide an arbitration
114130 manual and other materials for use in training and educating
115131 arbitrators;
116132 (2) make all materials for use in training and
117133 educating arbitrators freely available online; and
118134 (3) establish and supervise a training program on
119135 property tax law for the training and education of arbitrators.
120136 (c) The training program must:
121137 (1) emphasize the requirements regarding the equal and
122138 uniform appraisal of property; and
123139 (2) be at least four hours in length.
124140 (d) The training program may be provided online. The
125141 comptroller by rule may prescribe the manner by which the
126142 comptroller may verify that a person taking the training program
127143 online has taken and completed the program.
128144 (e) The comptroller may contract with service providers to
129145 assist with the duties imposed under Subsection (b), but the
130146 training program may not be provided by an appraisal district, the
131147 chief appraiser or another employee of an appraisal district, a
132148 member of the board of directors of an appraisal district, a member
133149 of an appraisal review board, or a taxing unit. The comptroller may
134150 assess a fee to recover a portion of the costs incurred for the
135151 training program, but the fee may not exceed $50 for each person
136152 trained.
137153 (f) The comptroller shall prepare an arbitration manual for
138154 use in the training program. The manual shall be updated regularly
139155 and may be revised on request, in writing, to the comptroller. The
140156 revised language must be approved by the unanimous agreement of a
141157 committee selected by the comptroller and representing, equally,
142158 taxpayers and chief appraisers. The person requesting the revision
143159 must pay the costs of mediation if the comptroller determines that
144160 mediation is required.
145- SECTION 5. Section 5.05, Tax Code, is amended by adding
146- Subsection (c-1) to read as follows:
147- (c-1) An appraisal district shall appraise property in
148- accordance with any appraisal manuals prepared and issued by the
149- comptroller under this section.
150161 SECTION 6. Section 5.07, Tax Code, is amended by adding
151162 Subsections (f), (g), (h), and (i) to read as follows:
152163 (f) The comptroller shall prescribe tax rate calculation
153164 forms to be used by the designated officer or employee of each:
154165 (1) taxing unit other than a school district to
155- calculate and submit the equivalent tax rate and the rollback tax
156- rate for the unit as required by Chapter 26; and
166+ calculate and submit the no-new-revenue tax rate and the rollback
167+ tax rate for the unit as required by Chapter 26; and
157168 (2) school district to calculate and submit the
158- equivalent tax rate, the rollback tax rate, and the rate to maintain
159- the same amount of state and local revenue per weighted student that
160- the district received in the school year beginning in the preceding
161- tax year as required by Chapter 26.
169+ no-new-revenue tax rate, the rollback tax rate, and the rate to
170+ maintain the same amount of state and local revenue per weighted
171+ student that the district received in the school year beginning in
172+ the preceding tax year as required by Chapter 26.
162173 (g) The forms described by Subsection (f) must be in an
163174 electronic format and:
164175 (1) have blanks that can be filled in electronically;
165176 (2) be capable of being certified by the designated
166177 officer or employee after completion as accurately calculating the
167178 applicable tax rates and using values that are the same as the
168179 values shown in the taxing unit's certified appraisal roll; and
169- (3) be capable of being electronically incorporated
170- into the real-time tax database maintained by the tax notice
171- officer of each appraisal district and submitted electronically to
172- the county assessor-collector of each county in which all or part of
173- the territory of the taxing unit is located.
180+ (3) be capable of being submitted electronically to
181+ the chief appraiser of each appraisal district in which the taxing
182+ unit is located.
174183 (h) For purposes of Subsections (f) and (g), the comptroller
175184 shall use the forms published on the comptroller's Internet website
176- as of January 1, 2017, as modified as necessary to comply with the
177- requirements of those subsections. The forms may be updated at the
178- discretion of the comptroller to reflect any change in the values
179- used to calculate a tax rate, including the changes resulting from
180- the implementation in the 2018 tax year of S.B. 1, Acts of the 85th
181- Legislature, 1st Called Session, 2017, or similar legislation
182- enacted at that session, or a change in a subsequent tax year
183- resulting from a statutory change in a value used to calculate a tax
184- rate. The forms may also be updated at the discretion of the
185- comptroller to reflect formatting or other nonsubstantive changes.
185+ as of August 1, 2017, modified as necessary to comply with the
186+ requirements of those subsections. The forms may be updated, at the
187+ discretion of the comptroller acting through the director of the
188+ property tax assistance division, to reflect statutory changes that
189+ do not substantially change the tax rate calculations provided for
190+ by the form or for the purpose of making formatting or other
191+ nonsubstantive changes. The director may determine, in the
192+ director's discretion, whether a proposed change substantially
193+ changes the tax rate calculations provided for by the forms and
194+ therefore must be made in the manner provided by Subsection (i).
186195 (i) The comptroller may revise the forms to reflect
187- statutory changes other than those described by Subsection (h) or
188- on receipt of a request in writing. A revision under this
189- subsection must be approved by the agreement of a majority of the
190- members of a committee selected by the comptroller who are present
191- at a committee meeting at which a quorum is present. The members of
192- the committee must represent, equally, taxpayers and either taxing
193- units or persons designated by taxing units. In the case of a
194- revision for which the comptroller receives a request in writing,
195- the person requesting the revision shall pay the costs of mediation
196- if the comptroller determines that mediation is required.
196+ statutory changes that substantially change the tax rate
197+ calculations provided for by the forms or on receipt of a request in
198+ writing. A revision under this subsection must be approved by the
199+ agreement of a majority of the members of a committee selected by
200+ the comptroller who are present at a committee meeting at which a
201+ quorum is present. The members of the committee must represent,
202+ equally, taxpayers and either taxing units or persons designated by
203+ taxing units. In the case of a revision for which the comptroller
204+ receives a request in writing, the person requesting the revision
205+ shall pay the costs of mediation if the comptroller determines that
206+ mediation is required.
197207 SECTION 7. Section 5.091, Tax Code, is amended to read as
198208 follows:
199209 Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the
200210 comptroller shall prepare a list that includes the total tax rate
201211 imposed by each taxing unit in this state, as [other than a school
202212 district, if the tax rate is] reported to the comptroller by each
203213 appraisal district, for the year [preceding the year] in which the
204214 list is prepared. The comptroller shall:
205215 (1) prescribe the manner in which and deadline by
206216 which appraisal districts are required to submit the tax rates to
207217 the comptroller; and
208218 (2) list the tax rates alphabetically according to:
209219 (A) the county or counties in which each taxing
210220 unit is located; and
211221 (B) the name of each taxing unit [in descending
212222 order].
213223 (b) Not later than January 1 [December 31] of the following
214224 [each] year, the comptroller shall publish on the comptroller's
215225 Internet website the list required by Subsection (a).
216- SECTION 8. Sections 5.102(a) and (c), Tax Code, are amended
217- to read as follows:
226+ SECTION 8. Section 5.102(a), Tax Code, is amended to read as
227+ follows:
218228 (a) At least once every two years, the comptroller shall
219229 review the governance of each appraisal district, taxpayer
220230 assistance provided, and the operating and appraisal standards,
221231 procedures, and methodology used by each appraisal district, to
222232 determine compliance with generally accepted standards,
223- procedures, and methodology, including compliance with standards,
224- procedures, and methodology prescribed by appraisal manuals
225- prepared and issued by the comptroller. After consultation with
226- the property tax administration advisory board [committee created
227- under Section 403.302, Government Code], the comptroller by rule
228- may establish procedures and standards for conducting and scoring
229- the review.
230- (c) At the conclusion of the review, the comptroller shall,
231- in writing, notify the appraisal district concerning its
232- performance in the review. If the review results in a finding that
233- an appraisal district is not in compliance with generally accepted
234- standards, procedures, and methodology, including compliance with
235- standards, procedures, and methodology prescribed by appraisal
236- manuals prepared and issued by the comptroller, the comptroller
237- shall deliver a report that details the comptroller's findings and
238- recommendations for improvement to:
239- (1) the appraisal district's chief appraiser and board
240- of directors; and
241- (2) the superintendent and board of trustees of each
242- school district participating in the appraisal district.
233+ procedures, and methodology. After consultation with the property
234+ tax administration advisory board [committee created under Section
235+ 403.302, Government Code], the comptroller by rule may establish
236+ procedures and standards for conducting and scoring the review.
243237 SECTION 9. Chapter 5, Tax Code, is amended by adding Section
244238 5.104 to read as follows:
245239 Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The
246240 comptroller shall prepare:
247241 (1) an appraisal review board survey form that allows
248242 an individual described by Subsection (b) to submit comments and
249243 suggestions to the comptroller regarding an appraisal review board;
250244 and
251245 (2) instructions for completing and submitting the
252246 form.
253247 (b) The following individuals may complete and submit a
254248 survey form under this section:
255249 (1) a property owner who files a motion under Section
256250 25.25 to correct the appraisal roll or a protest under Chapter 41;
257251 (2) the designated agent of the property owner; or
258252 (3) a designated representative of the appraisal
259253 district in which the motion or protest is filed who attends the
260254 hearing on the motion or protest.
261255 (c) The survey form must allow an individual to submit
262256 comments and suggestions regarding:
263- (1) the matters listed in Section 5.103(b); and
264- (2) any other matter related to the fairness and
257+ (1) the matters listed in Section 5.103(b);
258+ (2) the individual's right to offer evidence and
259+ arguments related to actions of any governmental entity that have
260+ adversely affected the value of the property subject to the survey
261+ that should be allowed for in the model hearing procedures; and
262+ (3) any other matter related to the fairness and
265263 efficiency of the appraisal review board.
266264 (d) An appraisal district must provide the survey form and
267265 the instructions for completing and submitting the form to each
268266 property owner or designated agent of the owner at or before each
269267 hearing conducted under Section 25.25 or Chapter 41 by the
270268 appraisal review board established for the appraisal district or by
271269 a panel of the board.
272270 (e) An individual who elects to submit the survey form must
273271 submit the form to the comptroller as provided by this section. An
274272 appraisal district may not accept a survey form submitted under
275273 this section. An individual may submit only one survey form for
276274 each motion or protest.
277275 (f) The comptroller shall allow an individual to submit a
278276 survey form to the comptroller in the following manner:
279277 (1) in person;
280278 (2) by mail;
281- (3) by electronic mail; or
282- (4) through a web page on the comptroller's Internet
283- website that allows the individual to complete and submit the form.
279+ (3) by e-mail; or
280+ (4) through a web page that allows the individual to
281+ complete and submit the form electronically.
284282 (g) An appraisal district may not require a property owner
285283 or the designated agent of the owner to complete a survey form at
286284 the appraisal office in order to be permitted to submit the form to
287285 the comptroller.
288- (h) A property owner, the designated agent of the owner, or
289- a designated representative of an appraisal district who elects to
290- submit a survey form must submit the form not later than the 45th
291- day after the date the form is provided to the owner or agent under
292- Subsection (d).
286+ (h) A property owner or the designated agent of the owner
287+ who elects to submit a survey form must submit the form not later
288+ than the 45th day after the date the form is provided to the owner or
289+ agent under Subsection (d).
293290 (i) The comptroller shall issue an annual report that
294291 summarizes the information included in the survey forms submitted
295292 during the preceding year. The report may not disclose the identity
296293 of an individual who submitted a survey form.
297294 (j) The comptroller may adopt rules necessary to implement
298295 this section.
299- SECTION 10. Section 5.13(d), Tax Code, is amended to read as
300- follows:
301- (d) In conducting a general audit, the comptroller shall
302- consider and report on:
303- (1) the extent to which the district complies with
304- applicable law or generally accepted standards of appraisal or
305- other relevant practice, including appraisal standards and
306- practices prescribed by appraisal manuals prepared and issued by
307- the comptroller;
308- (2) the uniformity and level of appraisal of major
309- kinds of property and the cause of any significant deviations from
310- ideal uniformity and equality of appraisal of major kinds of
311- property;
312- (3) duplication of effort and efficiency of operation;
313- (4) the general efficiency, quality of service, and
314- qualification of appraisal district personnel; and
315- (5) except as otherwise provided by Subsection (b) [of
316- this section], any other matter included in the request for the
317- audit.
318- SECTION 11. Section 6.035(a-1), Tax Code, is amended to
319- read as follows:
320- (a-1) An individual is ineligible to serve on an appraisal
321- district board of directors if the individual has engaged in the
322- business of appraising property for compensation for use in
323- proceedings under this title or of representing property owners for
324- compensation in proceedings under this title in the appraisal
325- district at any time during the preceding three [five] years.
326- SECTION 12. Section 6.05, Tax Code, is amended by adding
327- Subsection (k) to read as follows:
328- (k) The chief appraiser shall establish an office of tax
329- notices in the appraisal district. The office is responsible for
330- delivering the notice required by Section 26.04(e-2) and creating
331- and maintaining the database required by Section 26.17. The office
332- is administered by the tax notice officer, who is appointed by and
333- serves at the pleasure of the chief appraiser. The chief appraiser
334- may designate other personnel to assist the tax notice officer in
335- performing the functions of the office. In all communications, the
336- office must identify itself as the "(insert name of county in which
337- appraisal district is established) County Office of Tax Notices"
338- rather than as the appraisal district.
339- SECTION 13. Section 6.15, Tax Code, is amended by adding
340- Subsection (c-1) to read as follows:
341- (c-1) Subsections (a) and (b) do not prohibit a member of
342- the board of directors of an appraisal district from transmitting
343- to the chief appraiser without comment a complaint by a property
344- owner or taxing unit about the appraisal of a specific property,
345- provided that the transmission is in writing.
346- SECTION 14. Section 6.41, Tax Code, is amended by amending
296+ SECTION 10. Section 6.41, Tax Code, is amended by amending
347297 Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and
348298 (d-10) to read as follows:
349299 (b) Except as provided by Subsection (b-1) or (b-2), an
350300 appraisal review [The] board consists of three members.
351301 (b-1) An appraisal [However, the] district board of
352302 directors by resolution of a majority of the board's [its] members
353303 may increase the size of the district's appraisal review board to
354304 the number of members the board of directors considers appropriate.
355305 (b-2) An appraisal district board of directors for a
356306 district established in a county with a population of one million or
357307 more by resolution of a majority of the board's members shall
358308 increase the size of the district's appraisal review board to the
359309 number of members the board of directors considers appropriate to
360310 manage the duties of the appraisal review board, including the
361311 duties of each special panel established under Section 6.425.
362312 (d-9) In selecting individuals who are to serve as members
363- of the appraisal review board for an appraisal district described
364- by Subsection (b-2), the local administrative district judge shall
365- select an adequate number of qualified individuals to permit the
366- chairman of the appraisal review board to fill the positions on each
367- special panel established under Section 6.425.
313+ of the appraisal review board, the local administrative district
314+ judge shall select an adequate number of qualified individuals to
315+ permit the chairman of the appraisal review board to fill the
316+ positions on each special panel established under Section 6.425.
368317 (d-10) Upon selection of the individuals who are to serve as
369318 members of the appraisal review board, the local administrative
370319 district judge shall enter an appropriate order designating such
371320 members and setting each member's respective term of office, as
372321 provided elsewhere in this section.
373- SECTION 15. Sections 6.412(a) and (d), Tax Code, are
322+ SECTION 11. Sections 6.412(a) and (d), Tax Code, are
374323 amended to read as follows:
375324 (a) An individual is ineligible to serve on an appraisal
376325 review board if the individual:
377326 (1) is related within the second degree by
378327 consanguinity or affinity, as determined under Chapter 573,
379328 Government Code, to an individual who is engaged in the business of
380329 appraising property for compensation for use in proceedings under
381330 this title or of representing property owners for compensation in
382331 proceedings under this title in the appraisal district for which
383332 the appraisal review board is established;
384333 (2) owns property on which delinquent taxes have been
385334 owed to a taxing unit for more than 60 days after the date the
386335 individual knew or should have known of the delinquency unless:
387336 (A) the delinquent taxes and any penalties and
388337 interest are being paid under an installment payment agreement
389338 under Section 33.02; or
390339 (B) a suit to collect the delinquent taxes is
391340 deferred or abated under Section 33.06 or 33.065; or
392341 (3) is related within the third degree by
393342 consanguinity or within the second degree by affinity, as
394343 determined under Chapter 573, Government Code, to a member of:
395344 (A) the appraisal district's board of directors;
396345 or
397346 (B) the appraisal review board.
398347 (d) A person is ineligible to serve on the appraisal review
399348 board of an appraisal district established for a county described
400349 by Section 6.41(d-1) [having a population of more than 100,000] if
401350 the person:
402351 (1) is a former member of the board of directors,
403352 former officer, or former employee of the appraisal district;
404353 (2) served as a member of the governing body or officer
405354 of a taxing unit for which the appraisal district appraises
406355 property, until the fourth anniversary of the date the person
407356 ceased to be a member or officer; [or]
408357 (3) appeared before the appraisal review board for
409358 compensation during the two-year period preceding the date the
410359 person is appointed; or
411360 (4) served for all or part of three previous terms as a
412361 board member or auxiliary board member on the appraisal review
413362 board.
414- SECTION 16. Section 6.414(d), Tax Code, is amended to read
363+ SECTION 12. Section 6.414(d), Tax Code, is amended to read
415364 as follows:
416365 (d) An auxiliary board member may hear taxpayer protests
417366 before the appraisal review board. An auxiliary board member may
418367 not hear taxpayer protests before a special panel established under
419368 Section 6.425 unless the member is eligible to be appointed to the
420369 special panel. If one or more auxiliary board members sit on a
421370 panel established under Section 6.425 or 41.45 to conduct a protest
422371 hearing, the number of regular appraisal review board members
423372 required by that section to constitute the panel is reduced by the
424373 number of auxiliary board members sitting. An auxiliary board
425374 member sitting on a panel is considered a regular board member for
426375 all purposes related to the conduct of the hearing.
427- SECTION 17. Section 6.42(a), Tax Code, is amended to read as
428- follows:
376+ SECTION 13. Section 6.42, Tax Code, is amended by amending
377+ Subsection (a) and adding Subsection (d) to read as follows:
429378 (a) A majority of the appraisal review board constitutes a
430379 quorum. The local administrative district judge under Subchapter
431380 D, Chapter 74, Government Code, in the county in which [board of
432381 directors of] the appraisal district is established [by resolution]
433382 shall select a chairman and a secretary from among the members of
434383 the appraisal review board. The judge [board of directors of the
435384 appraisal district] is encouraged to select as chairman [of the
436385 appraisal review board] a member of the appraisal review board, if
437386 any, who has a background in law and property appraisal.
438- SECTION 18. Section 6.42, Tax Code, is amended by adding
439- Subsection (d) to read as follows:
440387 (d) The concurrence of a majority of the members of the
441388 appraisal review board or a panel of the board present at a meeting
442389 of the board or panel is sufficient for a recommendation,
443390 determination, decision, or other action by the board or panel, and
444391 the concurrence of more than a majority of the members of the board
445392 or panel may not be required.
446- SECTION 19. Subchapter C, Chapter 6, Tax Code, is amended by
393+ SECTION 14. Subchapter C, Chapter 6, Tax Code, is amended by
447394 adding Section 6.425 to read as follows:
448395 Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN
449396 CERTAIN DISTRICTS. (a) This section applies only to the appraisal
450397 review board for an appraisal district described by Section
451398 6.41(b-2).
452399 (b) The appraisal review board shall establish special
453400 panels to conduct protest hearings under Chapter 41 relating to
454401 property that:
455402 (1) has an appraised value of $50 million or more as
456403 determined by the appraisal district; and
457404 (2) is included in one of the following
458405 classifications:
459406 (A) commercial real and personal property;
460407 (B) real and personal property of utilities;
461408 (C) industrial and manufacturing real and
462409 personal property; and
463410 (D) multifamily residential real property.
464411 (c) Each special panel described by this section consists of
465412 three members of the appraisal review board appointed by the
466413 chairman of the board.
467414 (d) To be eligible to be appointed to a special panel
468415 described by this section, a member of the appraisal review board
469416 must:
470417 (1) hold a juris doctor or equivalent degree;
471418 (2) hold a master of business administration degree;
472419 (3) be licensed as a certified public accountant under
473420 Chapter 901, Occupations Code;
474421 (4) be accredited by the American Society of
475422 Appraisers as an accredited senior appraiser;
476423 (5) possess an MAI professional designation from the
477424 Appraisal Institute;
478425 (6) possess a Certified Assessment Evaluator (CAE)
479426 professional designation from the International Association of
480427 Assessing Officers;
481- (7) have at least 10 years of experience in property
428+ (7) have at least 20 years of experience in property
482429 tax appraisal or consulting; or
483430 (8) be licensed as a real estate broker or sales agent
484431 under Chapter 1101, Occupations Code.
485432 (e) Notwithstanding Subsection (d), the chairman of the
486433 appraisal review board may appoint to a special panel described by
487434 this section a member of the appraisal review board who does not
488435 meet the qualifications prescribed by that subsection if:
489436 (1) the number of persons appointed to the board by the
490437 local administrative district judge who meet those qualifications
491438 is not sufficient to fill the positions on each special panel; and
492439 (2) the board member being appointed to the panel
493440 holds a bachelor's degree in any field.
494441 (f) In addition to conducting protest hearings relating to
495442 property described by Subsection (b) of this section, a special
496443 panel may conduct protest hearings under Chapter 41 relating to
497444 property not described by Subsection (b) of this section as
498445 assigned by the chairman of the appraisal review board.
499- SECTION 20. Section 23.01(b), Tax Code, is amended to read
500- as follows:
501- (b) The market value of property shall be determined by the
502- application of generally accepted appraisal methods and
503- techniques, including appraisal methods and techniques prescribed
504- by appraisal manuals prepared and issued by the comptroller. If the
505- appraisal district determines the appraised value of a property
506- using mass appraisal standards, the mass appraisal standards must
507- comply with the Uniform Standards of Professional Appraisal
508- Practice. The same or similar appraisal methods and techniques
509- shall be used in appraising the same or similar kinds of property.
510- However, each property shall be appraised based upon the individual
511- characteristics that affect the property's market value, and all
512- available evidence that is specific to the value of the property
513- shall be taken into account in determining the property's market
514- value.
515- SECTION 21. Effective January 1, 2019, Section 25.19, Tax
446+ SECTION 15. Effective January 1, 2019, Section 25.19, Tax
516447 Code, is amended by adding Subsections (b-3) and (b-4) to read as
517448 follows:
518449 (b-3) This subsection applies only to an appraisal district
519450 described by Section 6.41(b-2). In addition to the information
520451 required by Subsection (b), the chief appraiser shall state in a
521452 notice of appraised value of property described by Section 6.425(b)
522453 that the property owner has the right to have a protest relating to
523454 the property heard by a special panel of the appraisal review board.
524455 (b-4) Subsection (b)(5) applies only to a notice of
525456 appraised value required to be delivered by the chief appraiser of
526457 an appraisal district established in a county with a population of
527458 less than 120,000. This subsection expires January 1, 2020.
528- SECTION 22. Effective January 1, 2020, Sections 25.19(b)
459+ SECTION 16. Effective January 1, 2020, Sections 25.19(b)
529460 and (i), Tax Code, are amended to read as follows:
530461 (b) The chief appraiser shall separate real from personal
531462 property and include in the notice for each:
532463 (1) a list of the taxing units in which the property is
533464 taxable;
534465 (2) the appraised value of the property in the
535466 preceding year;
536467 (3) the taxable value of the property in the preceding
537468 year for each taxing unit taxing the property;
538469 (4) the appraised value of the property for the
539470 current year, the kind and amount of each exemption and partial
540471 exemption, if any, approved for the property for the current year
541472 and for the preceding year, and, if an exemption or partial
542473 exemption that was approved for the preceding year was canceled or
543474 reduced for the current year, the amount of the exemption or partial
544475 exemption canceled or reduced;
545476 (5) [if the appraised value is greater than it was in
546477 the preceding year, the amount of tax that would be imposed on the
547478 property on the basis of the tax rate for the preceding year;
548- [(6)] in italic typeface, the following statement:
549- "The Texas Legislature does not set the amount of your local taxes.
550- Your property tax burden is decided by your locally elected
551- officials, and all inquiries concerning your taxes should be
552- directed to those officials";
479+ [(6)] in italic typeface, the following
480+ statement: "The Texas Legislature does not set the amount of your
481+ local taxes. Your property tax burden is decided by your locally
482+ elected officials, and all inquiries concerning your taxes should
483+ be directed to those officials";
553484 (6) [(7)] a detailed explanation of the time and
554485 procedure for protesting the value;
555486 (7) [(8)] the date and place the appraisal review
556487 board will begin hearing protests; and
557488 (8) [(9)] a brief explanation that the governing body
558489 of each taxing unit decides whether or not taxes on the property
559490 will increase and the appraisal district only determines the value
560491 of the property.
561492 (i) Delivery with a notice required by Subsection (a) or (g)
562493 of a copy of the pamphlet published by the comptroller under Section
563494 5.06 or a copy of the notice published by the chief appraiser under
564495 Section 41.70 is sufficient to comply with the requirement that the
565496 notice include the information specified by Subsection (b)(6)
566497 [(b)(7)] or (g)(3), as applicable.
567- SECTION 23. Sections 26.012(9) and (10), Tax Code, are
568- amended to read as follows:
569- (9) "Equivalent [Effective] maintenance and
570- operations rate" means a rate expressed in dollars per $100 of
498+ SECTION 17. Chapter 25, Tax Code, is amended by adding
499+ Section 25.215 to read as follows:
500+ Sec. 25.215. CORRECTION OF APPRAISED VALUES DETERMINED
501+ USING INACCURATE MASS APPRAISAL. If the chief appraiser discovers
502+ that the appraisal of property for the current tax year using mass
503+ appraisal standards resulted in an incorrect appraised value for
504+ some or all of the properties included in the mass appraisal because
505+ of an error in the application of the mass appraisal standards, the
506+ chief appraiser shall as soon as practicable:
507+ (1) correct or supplement, as appropriate, the
508+ appraisal records to indicate the correct appraised value for each
509+ affected property; and
510+ (2) deliver a written notice to each affected property
511+ owner who received a notice of appraised value for the property
512+ under Section 25.19 for that tax year that was incorrect because of
513+ the error in the application of the mass appraisal standard that:
514+ (A) states that an error was made in the
515+ appraisal of the property; and
516+ (B) indicates the correct appraised value for the
517+ property for that tax year.
518+ SECTION 18. Section 26.012(9), Tax Code, is redesignated as
519+ Section 26.012(18), Tax Code, and amended to read as follows:
520+ (18) "No-new-revenue [(9) "Effective] maintenance
521+ and operations rate" means a rate expressed in dollars per $100 of
571522 taxable value and calculated according to the following formula:
572- EQUIVALENT [EFFECTIVE] MAINTENANCE AND OPERATIONS
523+ NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS
573524 RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST
574525 YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE -
575526 NEW PROPERTY VALUE)
576- (10) "Excess collections" means the amount, if any, by
577- which debt taxes collected in the preceding year exceeded the
578- amount anticipated in the preceding year's calculation of the
579- rollback tax rate, as certified by the collector under Section
580- 26.04(b) [of this code].
581- SECTION 24. The heading to Section 26.04, Tax Code, is
527+ SECTION 19. The heading to Section 26.04, Tax Code, is
582528 amended to read as follows:
583529 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
584- EQUIVALENT [EFFECTIVE] AND ROLLBACK TAX RATES.
585- SECTION 25. Section 26.04, Tax Code, is amended by amending
530+ NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES.
531+ SECTION 20. Section 26.04, Tax Code, is amended by amending
586532 Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and
587- adding Subsections (d-1), (d-2), (d-3), (e-2), (e-3), (e-4), (e-5),
588- (h-1), and (h-2) to read as follows:
533+ adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) to read as
534+ follows:
589535 (b) The assessor shall submit the appraisal roll for the
590536 unit showing the total appraised, assessed, and taxable values of
591537 all property and the total taxable value of new property to the
592538 governing body of the unit by August 1 or as soon thereafter as
593539 practicable. By August 1 or as soon thereafter as practicable, the
594540 taxing unit's collector shall certify [an estimate of] the
595- anticipated collection rate as calculated under Subsections (h),
596- (h-1), and (h-2) for the current year to the governing body. If the
597- collector certified an anticipated collection rate in the preceding
598- year and the actual collection rate in that year exceeded the
599- anticipated rate, the collector shall also certify the amount of
600- debt taxes collected in excess of the anticipated amount in the
601- preceding year.
541+ anticipated collection rate, as defined by Subsection (h), for the
542+ current year to the governing body. If the collector certified an
543+ anticipated collection rate in the preceding year and the actual
544+ collection rate in that year exceeded the anticipated rate, the
545+ collector shall also certify the amount of debt taxes collected in
546+ excess of the anticipated amount in the preceding year.
602547 (c) After the assessor for the unit submits the appraisal
603548 roll for the unit to the governing body of the unit as required by
604549 Subsection (b), an [An] officer or employee designated by the
605- governing body shall calculate the equivalent [effective] tax rate
606- and the rollback tax rate for the unit, where:
607- (1) "Equivalent [Effective] tax rate" means a rate
550+ governing body shall calculate the no-new-revenue [effective] tax
551+ rate and the rollback tax rate for the unit, where:
552+ (1) "No-new-revenue [Effective] tax rate" means a rate
608553 expressed in dollars per $100 of taxable value calculated according
609554 to the following formula:
610- EQUIVALENT [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY -
611- LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
612- PROPERTY VALUE)
555+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST YEAR'S
556+ LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE -
557+ NEW PROPERTY VALUE)
613558 ; and
614559 (2) "Rollback tax rate" means a rate expressed in
615560 dollars per $100 of taxable value calculated according to the
616561 following formula:
617- ROLLBACK TAX RATE = (EQUIVALENT [EFFECTIVE]
618- MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT
619- RATE
620- (d) The equivalent [effective] tax rate for a county is the
621- sum of the equivalent [effective] tax rates calculated for each
622- type of tax the county levies and the rollback tax rate for a county
623- is the sum of the rollback tax rates calculated for each type of tax
624- the county levies.
562+ ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE
563+ AND OPERATIONS RATE x 1.08) + CURRENT DEBT RATE
564+ (d) The no-new-revenue [effective] tax rate for a county is
565+ the sum of the no-new-revenue [effective] tax rates calculated for
566+ each type of tax the county levies and the rollback tax rate for a
567+ county is the sum of the rollback tax rates calculated for each type
568+ of tax the county levies.
625569 (d-1) The designated officer or employee shall use the tax
626570 rate calculation forms prescribed by the comptroller under Section
627- 5.07 in calculating the equivalent tax rate and the rollback tax
628- rate.
571+ 5.07 in calculating the no-new-revenue tax rate and the rollback
572+ tax rate.
629573 (d-2) The designated officer or employee may not submit the
630- equivalent tax rate and the rollback tax rate to the governing body
631- of the taxing unit and the unit may not adopt a tax rate until the
632- designated officer or employee certifies on the tax rate
574+ no-new-revenue tax rate and the rollback tax rate to the governing
575+ body of the taxing unit and the unit may not adopt a tax rate until
576+ the designated officer or employee certifies on the tax rate
633577 calculation forms that the designated officer or employee has
634578 accurately calculated the tax rates and has used values that are the
635579 same as the values shown in the unit's certified appraisal roll in
636580 performing the calculations.
637- (d-3) As soon as practicable after the designated officer or
638- employee calculates the equivalent tax rate and the rollback tax
639- rate of the taxing unit, the designated officer or employee shall
640- submit the tax rate calculation forms used in calculating the rates
641- to the county assessor-collector for each county in which all or
642- part of the territory of the unit is located.
643581 (e) By August 7 or as soon thereafter as practicable, the
644582 designated officer or employee shall submit the rates to the
645- governing body. By August 12 or as soon thereafter as practicable,
646- the designated officer or employee [He] shall deliver by mail to
647- each property owner in the unit or publish in a newspaper, and shall
648- also post prominently on the home page of the unit's Internet
649- website if published in a newspaper, in the form prescribed by the
650- comptroller:
651- (1) the equivalent [effective] tax rate, the rollback
652- tax rate, and an explanation of how they were calculated;
583+ governing body. The designated officer or employee [He] shall
584+ deliver by mail to each property owner in the unit or publish in a
585+ newspaper and may post prominently on the home page of the unit's
586+ Internet website in the form prescribed by the comptroller:
587+ (1) the no-new-revenue [effective] tax rate, the
588+ rollback tax rate, and an explanation of how they were calculated;
653589 (2) the estimated amount of interest and sinking fund
654590 balances and the estimated amount of maintenance and operation or
655591 general fund balances remaining at the end of the current fiscal
656592 year that are not encumbered with or by corresponding existing debt
657593 obligation;
658594 (3) a schedule of the unit's debt obligations showing:
659595 (A) the amount of principal and interest that
660596 will be paid to service the unit's debts in the next year from
661597 property tax revenue, including payments of lawfully incurred
662598 contractual obligations providing security for the payment of the
663599 principal of and interest on bonds and other evidences of
664600 indebtedness issued on behalf of the unit by another political
665601 subdivision and, if the unit is created under Section 52, Article
666602 III, or Section 59, Article XVI, Texas Constitution, payments on
667603 debts that the unit anticipates to incur in the next calendar year;
668604 (B) the amount by which taxes imposed for debt
669605 are to be increased because of the unit's anticipated collection
670606 rate; and
671607 (C) the total of the amounts listed in Paragraphs
672608 (A)-(B), less any amount collected in excess of the previous year's
673609 anticipated collections certified as provided in Subsection (b);
674610 (4) the amount of additional sales and use tax revenue
675611 anticipated in calculations under Section 26.041;
676612 (5) a statement that the adoption of a tax rate equal
677- to the equivalent [effective] tax rate would result in an increase
678- or decrease, as applicable, in the amount of taxes imposed by the
679- unit as compared to last year's levy, and the amount of the increase
680- or decrease;
613+ to the no-new-revenue [effective] tax rate would result in an
614+ increase or decrease, as applicable, in the amount of taxes imposed
615+ by the unit as compared to last year's levy, and the amount of the
616+ increase or decrease;
681617 (6) in the year that a taxing unit calculates an
682618 adjustment under Subsection (i) or (j), a schedule that includes
683619 the following elements:
684620 (A) the name of the unit discontinuing the
685621 department, function, or activity;
686622 (B) the amount of property tax revenue spent by
687623 the unit listed under Paragraph (A) to operate the discontinued
688624 department, function, or activity in the 12 months preceding the
689625 month in which the calculations required by this chapter are made;
690626 and
691627 (C) the name of the unit that operates a distinct
692628 department, function, or activity in all or a majority of the
693629 territory of a taxing unit that has discontinued operating the
694630 distinct department, function, or activity; and
695631 (7) in the year following the year in which a taxing
696632 unit raised its rollback tax rate as required by Subsection (j), a
697633 schedule that includes the following elements:
698634 (A) the amount of property tax revenue spent by
699635 the unit to operate the department, function, or activity for which
700636 the taxing unit raised the rollback tax rate as required by
701637 Subsection (j) for the 12 months preceding the month in which the
702638 calculations required by this chapter are made; and
703639 (B) the amount published by the unit in the
704640 preceding tax year under Subdivision (6)(B).
705641 (e-1) The tax rate certification requirements imposed by
706642 Subsection (d-2) and the notice requirements imposed by Subsections
707643 (e)(1)-(6) do not apply to a school district.
708644 (e-2) By August 7 or as soon thereafter as practicable, the
709- tax notice officer of each appraisal district shall deliver by
710- regular mail or e-mail to each owner of property located in the
711- appraisal district a notice that the estimated amount of taxes to be
712- imposed on the owner's property by each taxing unit in which the
713- property is located may be found in the real-time tax database
714- maintained by the tax notice officer under Section 26.17. The
715- notice must include:
645+ chief appraiser of each appraisal district shall deliver by regular
646+ mail or e-mail to each owner of property located in the appraisal
647+ district a notice that the estimated amount of taxes to be imposed
648+ on the owner's property by each taxing unit in which the property is
649+ located may be found in the property tax database maintained by the
650+ appraisal district under Section 26.17. The notice must include:
716651 (1) the following statement:
717652 "PROPOSED (tax year) PROPERTY TAX BILL INFORMATION
718- "Information concerning the (insert tax year) property taxes
719- on your property proposed by your local taxing units, together with
720- information about expressing your support for or opposition to the
721- proposed property taxes, may be found in the real-time tax notice at
722- the website listed below:
653+ "Information concerning the property taxes that may be
654+ imposed on your property by local taxing units, the dates and
655+ locations of any public hearings on the tax rates of the taxing
656+ units, and the dates and locations of meetings of the governing
657+ bodies of the taxing units to vote on the tax rates, together with
658+ other important property tax information, may be found at the
659+ website listed below:
723660 "(address of the Internet website at which the information
724661 may be found)";
725662 (2) a statement that the property owner may request
726663 from the county assessor-collector contact information for the
727664 assessor for each taxing unit in which the property is located, who
728665 must provide the information described by this subsection to the
729666 owner on request; and
730667 (3) the address and telephone number of the county
731668 assessor-collector.
732669 (e-3) The heading of the statement described by Subsection
733670 (e-2)(1) must be in bold, capital letters in typeset larger than
734671 that used in the other provisions of the notice.
735672 (e-4) The comptroller may adopt rules regarding the format
736673 and delivery of the notice required by Subsection (e-2).
737- (e-5) The governing body of a taxing unit shall include as
738- an appendix to the unit's budget for a fiscal year the tax rate
739- calculation forms used by the designated officer or employee of the
740- unit to calculate the equivalent tax rate and the rollback tax rate
741- of the unit for the tax year in which the fiscal year begins.
742674 (f) If as a result of consolidation of taxing units a taxing
743675 unit includes territory that was in two or more taxing units in the
744676 preceding year, the amount of taxes imposed in each in the preceding
745- year is combined for purposes of calculating the equivalent
677+ year is combined for purposes of calculating the no-new-revenue
746678 [effective] and rollback tax rates under this section.
747679 (g) A person who owns taxable property is entitled to an
748680 injunction prohibiting the taxing unit in which the property is
749681 taxable from adopting a tax rate if the assessor or designated
750- officer or employee of the unit, the tax notice officer of the
682+ officer or employee of the unit, the chief appraiser of the
751683 applicable appraisal district, or the taxing unit, as applicable,
752684 has not complied with the computation, [or] publication, or posting
753- requirements of this section or Section 26.16, 26.17, or 26.18 [and
754- the failure to comply was not in good faith]. It is a defense in an
755- action for an injunction under this subsection that the failure to
756- comply was in good faith.
757- (h-1) Notwithstanding Subsection (h), if the anticipated
758- collection rate of a taxing unit as calculated under that
759- subsection is lower than the lowest actual collection rate of the
760- taxing unit for any of the preceding three years, the anticipated
761- collection rate of the taxing unit for purposes of this section is
762- equal to the lowest actual collection rate of the taxing unit for
763- any of the preceding three years.
764- (h-2) The anticipated collection rate of a taxing unit for
765- purposes of this section is the rate calculated under Subsection
766- (h) as modified by Subsection (h-1), if applicable, regardless of
767- whether that rate exceeds 100 percent.
685+ requirements of this section or Section 26.17 or 26.18 [and the
686+ failure to comply was not in good faith].
768687 (i) This subsection applies to a taxing unit that has agreed
769688 by written contract to transfer a distinct department, function, or
770689 activity to another taxing unit and discontinues operating that
771690 distinct department, function, or activity if the operation of that
772691 department, function, or activity in all or a majority of the
773692 territory of the taxing unit is continued by another existing
774693 taxing unit or by a new taxing unit. The rollback tax rate of a
775694 taxing unit to which this subsection applies in the first tax year
776695 in which a budget is adopted that does not allocate revenue to the
777696 discontinued department, function, or activity is calculated as
778697 otherwise provided by this section, except that last year's levy
779- used to calculate the equivalent [effective] maintenance and
698+ used to calculate the no-new-revenue [effective] maintenance and
780699 operations rate of the unit is reduced by the amount of maintenance
781700 and operations tax revenue spent by the taxing unit to operate the
782701 department, function, or activity for the 12 months preceding the
783702 month in which the calculations required by this chapter are made
784703 and in which the unit operated the discontinued department,
785704 function, or activity. If the unit did not operate that department,
786705 function, or activity for the full 12 months preceding the month in
787706 which the calculations required by this chapter are made, the unit
788- shall reduce last year's levy used for calculating the equivalent
789- [effective] maintenance and operations rate of the unit by the
790- amount of the revenue spent in the last full fiscal year in which
791- the unit operated the discontinued department, function, or
792- activity.
707+ shall reduce last year's levy used for calculating the
708+ no-new-revenue [effective] maintenance and operations rate of the
709+ unit by the amount of the revenue spent in the last full fiscal year
710+ in which the unit operated the discontinued department, function,
711+ or activity.
793712 (j) This subsection applies to a taxing unit that had agreed
794713 by written contract to accept the transfer of a distinct
795714 department, function, or activity from another taxing unit and
796715 operates a distinct department, function, or activity if the
797716 operation of a substantially similar department, function, or
798717 activity in all or a majority of the territory of the taxing unit
799718 has been discontinued by another taxing unit, including a dissolved
800719 taxing unit. The rollback tax rate of a taxing unit to which this
801720 subsection applies in the first tax year after the other taxing unit
802721 discontinued the substantially similar department, function, or
803722 activity in which a budget is adopted that allocates revenue to the
804723 department, function, or activity is calculated as otherwise
805724 provided by this section, except that last year's levy used to
806- calculate the equivalent [effective] maintenance and operations
807- rate of the unit is increased by the amount of maintenance and
808- operations tax revenue spent by the taxing unit that discontinued
809- operating the substantially similar department, function, or
810- activity to operate that department, function, or activity for the
811- 12 months preceding the month in which the calculations required by
812- this chapter are made and in which the unit operated the
813- discontinued department, function, or activity. If the unit did
814- not operate the discontinued department, function, or activity for
815- the full 12 months preceding the month in which the calculations
816- required by this chapter are made, the unit may increase last year's
817- levy used to calculate the equivalent [effective] maintenance and
818- operations rate by an amount not to exceed the amount of property
819- tax revenue spent by the discontinuing unit to operate the
820- discontinued department, function, or activity in the last full
821- fiscal year in which the discontinuing unit operated the
822- department, function, or activity.
823- SECTION 26. Sections 26.041(a), (b), (c), (e), (g), and
725+ calculate the no-new-revenue [effective] maintenance and
726+ operations rate of the unit is increased by the amount of
727+ maintenance and operations tax revenue spent by the taxing unit
728+ that discontinued operating the substantially similar department,
729+ function, or activity to operate that department, function, or
730+ activity for the 12 months preceding the month in which the
731+ calculations required by this chapter are made and in which the unit
732+ operated the discontinued department, function, or activity. If
733+ the unit did not operate the discontinued department, function, or
734+ activity for the full 12 months preceding the month in which the
735+ calculations required by this chapter are made, the unit may
736+ increase last year's levy used to calculate the no-new-revenue
737+ [effective] maintenance and operations rate by an amount not to
738+ exceed the amount of property tax revenue spent by the
739+ discontinuing unit to operate the discontinued department,
740+ function, or activity in the last full fiscal year in which the
741+ discontinuing unit operated the department, function, or activity.
742+ SECTION 21. Sections 26.041(a), (b), (c), (e), (g), and
824743 (h), Tax Code, are amended to read as follows:
825744 (a) In the first year in which an additional sales and use
826- tax is required to be collected, the equivalent [effective] tax
745+ tax is required to be collected, the no-new-revenue [effective] tax
827746 rate and rollback tax rate for the unit are calculated according to
828747 the following formulas:
829- EQUIVALENT [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY -
830- LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
748+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
749+ LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
831750 PROPERTY VALUE)] - SALES TAX GAIN RATE
832751 and
833- ROLLBACK TAX RATE = (EQUIVALENT [EFFECTIVE]
752+ ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE]
834753 MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT
835754 RATE - SALES TAX GAIN RATE
836755 where "sales tax gain rate" means a number expressed in dollars per
837756 $100 of taxable value, calculated by dividing the revenue that will
838757 be generated by the additional sales and use tax in the following
839758 year as calculated under Subsection (d) [of this section] by the
840759 current total value.
841760 (b) Except as provided by Subsections (a) and (c) [of this
842761 section], in a year in which a taxing unit imposes an additional
843762 sales and use tax, the rollback tax rate for the unit is calculated
844763 according to the following formula, regardless of whether the unit
845764 levied a property tax in the preceding year:
846765 ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND
847766 OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL
848767 VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE -
849768 SALES TAX REVENUE RATE)
850769 where "last year's maintenance and operations expense" means the
851770 amount spent for maintenance and operations from property tax and
852771 additional sales and use tax revenues in the preceding year, and
853772 "sales tax revenue rate" means a number expressed in dollars per
854773 $100 of taxable value, calculated by dividing the revenue that will
855774 be generated by the additional sales and use tax in the current year
856775 as calculated under Subsection (d) [of this section] by the current
857776 total value.
858777 (c) In a year in which a taxing unit that has been imposing
859778 an additional sales and use tax ceases to impose an additional sales
860- and use tax, the equivalent [effective] tax rate and rollback tax
861- rate for the unit are calculated according to the following
779+ and use tax, the no-new-revenue [effective] tax rate and rollback
780+ tax rate for the unit are calculated according to the following
862781 formulas:
863- EQUIVALENT [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY -
864- LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
782+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
783+ LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
865784 PROPERTY VALUE)] + SALES TAX LOSS RATE
866785 and
867786 ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND
868787 OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL
869788 VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE
870789 where "sales tax loss rate" means a number expressed in dollars per
871790 $100 of taxable value, calculated by dividing the amount of sales
872791 and use tax revenue generated in the last four quarters for which
873792 the information is available by the current total value and "last
874793 year's maintenance and operations expense" means the amount spent
875794 for maintenance and operations from property tax and additional
876795 sales and use tax revenues in the preceding year.
877796 (e) If a city that imposes an additional sales and use tax
878797 receives payments under the terms of a contract executed before
879798 January 1, 1986, in which the city agrees not to annex certain
880799 property or a certain area and the owners or lessees of the property
881800 or of property in the area agree to pay at least annually to the city
882801 an amount determined by reference to all or a percentage of the
883802 property tax rate of the city and all or a part of the value of the
884803 property subject to the agreement or included in the area subject to
885804 the agreement, the governing body, by order adopted by a majority
886805 vote of the governing body, may direct the designated officer or
887- employee to add to the equivalent [effective] and rollback tax
806+ employee to add to the no-new-revenue [effective] and rollback tax
888807 rates the amount that, when applied to the total taxable value
889808 submitted to the governing body, would produce an amount of taxes
890809 equal to the difference between the total amount of payments for the
891810 tax year under contracts described by this subsection under the
892811 rollback tax rate calculated under this section and the total
893812 amount of payments for the tax year that would have been obligated
894813 to the city if the city had not adopted an additional sales and use
895814 tax.
896815 (g) If the rate of the additional sales and use tax is
897816 increased, the designated officer or employee shall make two
898817 projections, in the manner provided by Subsection (d) [of this
899818 section], of the revenue generated by the additional sales and use
900819 tax in the following year. The first projection must take into
901820 account the increase and the second projection must not take into
902821 account the increase. The designated officer or employee shall
903822 then subtract the amount of the result of the second projection from
904823 the amount of the result of the first projection to determine the
905824 revenue generated as a result of the increase in the additional
906825 sales and use tax. In the first year in which an additional sales
907- and use tax is increased, the equivalent [effective] tax rate for
908- the unit is the equivalent [effective] tax rate before the increase
909- minus a number the numerator of which is the revenue generated as a
910- result of the increase in the additional sales and use tax, as
911- determined under this subsection, and the denominator of which is
912- the current total value minus the new property value.
826+ and use tax is increased, the no-new-revenue [effective] tax rate
827+ for the unit is the no-new-revenue [effective] tax rate before the
828+ increase minus a number the numerator of which is the revenue
829+ generated as a result of the increase in the additional sales and
830+ use tax, as determined under this subsection, and the denominator
831+ of which is the current total value minus the new property value.
913832 (h) If the rate of the additional sales and use tax is
914833 decreased, the designated officer or employee shall make two
915834 projections, in the manner provided by Subsection (d) [of this
916835 section], of the revenue generated by the additional sales and use
917836 tax in the following year. The first projection must take into
918837 account the decrease and the second projection must not take into
919838 account the decrease. The designated officer or employee shall
920839 then subtract the amount of the result of the first projection from
921840 the amount of the result of the second projection to determine the
922841 revenue lost as a result of the decrease in the additional sales and
923842 use tax. In the first year in which an additional sales and use tax
924- is decreased, the equivalent [effective] tax rate for the unit is
925- the equivalent [effective] tax rate before the decrease plus a
926- number the numerator of which is the revenue lost as a result of the
927- decrease in the additional sales and use tax, as determined under
928- this subsection, and the denominator of which is the current total
929- value minus the new property value.
930- SECTION 27. The heading to Section 26.043, Tax Code, is
843+ is decreased, the no-new-revenue [effective] tax rate for the unit
844+ is the no-new-revenue [effective] tax rate before the decrease plus
845+ a number the numerator of which is the revenue lost as a result of
846+ the decrease in the additional sales and use tax, as determined
847+ under this subsection, and the denominator of which is the current
848+ total value minus the new property value.
849+ SECTION 22. The heading to Section 26.043, Tax Code, is
931850 amended to read as follows:
932- Sec. 26.043. ROLLBACK AND EQUIVALENT [EFFECTIVE] TAX RATES
933- [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
934- SECTION 28. Sections 26.043(a) and (b), Tax Code, are
851+ Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX
852+ RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
853+ SECTION 23. Sections 26.043(a) and (b), Tax Code, are
935854 amended to read as follows:
936855 (a) In the tax year in which a city has set an election on
937856 the question of whether to impose a local sales and use tax under
938857 Subchapter H, Chapter 453, Transportation Code, the officer or
939858 employee designated to make the calculations provided by Section
940859 26.04 may not make those calculations until the outcome of the
941860 election is determined. If the election is determined in favor of
942861 the imposition of the tax, the representative shall subtract from
943- the city's rollback and equivalent [effective] tax rates the amount
944- that, if applied to the city's current total value, would impose an
945- amount equal to the amount of property taxes budgeted in the current
946- tax year to pay for expenses related to mass transit services.
862+ the city's rollback and no-new-revenue [effective] tax rates the
863+ amount that, if applied to the city's current total value, would
864+ impose an amount equal to the amount of property taxes budgeted in
865+ the current tax year to pay for expenses related to mass transit
866+ services.
947867 (b) In a tax year to which this section applies, a reference
948- in this chapter to the city's equivalent [effective] or rollback
949- tax rate refers to that rate as adjusted under this section.
950- SECTION 29. The heading to Section 26.044, Tax Code, is
868+ in this chapter to the city's no-new-revenue [effective] or
869+ rollback tax rate refers to that rate as adjusted under this
870+ section.
871+ SECTION 24. The heading to Section 26.044, Tax Code, is
951872 amended to read as follows:
952- Sec. 26.044. EQUIVALENT [EFFECTIVE] TAX RATE TO PAY FOR
873+ Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR
953874 STATE CRIMINAL JUSTICE MANDATE.
954- SECTION 30. Sections 26.044(a), (b), and (c), Tax Code, are
875+ SECTION 25. Sections 26.044(a), (b), and (c), Tax Code, are
955876 amended to read as follows:
956877 (a) The first time that a county adopts a tax rate after
957878 September 1, 1991, in which the state criminal justice mandate
958- applies to the county, the equivalent [effective] maintenance and
959- operation rate for the county is increased by the rate calculated
960- according to the following formula:
879+ applies to the county, the no-new-revenue [effective] maintenance
880+ and operation rate for the county is increased by the rate
881+ calculated according to the following formula:
961882 (State Criminal Justice Mandate) / (Current Total
962883 Value - New Property Value)
963884 (b) In the second and subsequent years that a county adopts
964885 a tax rate, if the amount spent by the county for the state criminal
965- justice mandate increased over the previous year, the equivalent
966- [effective] maintenance and operation rate for the county is
967- increased by the rate calculated according to the following
968- formula:
886+ justice mandate increased over the previous year, the
887+ no-new-revenue [effective] maintenance and operation rate for the
888+ county is increased by the rate calculated according to the
889+ following formula:
969890 (This Year's State Criminal Justice Mandate - Previous
970891 Year's State Criminal Justice Mandate) / (Current
971892 Total Value - New Property Value)
972893 (c) The county shall include a notice of the increase in the
973- equivalent [effective] maintenance and operation rate provided by
974- this section, including a description and amount of the state
894+ no-new-revenue [effective] maintenance and operation rate provided
895+ by this section, including a description and amount of the state
975896 criminal justice mandate, in the information published under
976897 Section 26.04(e) and Section 26.06(b) [of this code].
977- SECTION 31. Sections 26.0441(a), (b), and (c), Tax Code,
898+ SECTION 26. Sections 26.0441(a), (b), and (c), Tax Code,
978899 are amended to read as follows:
979900 (a) In the first tax year in which a taxing unit adopts a tax
980901 rate after January 1, 2000, and in which the enhanced minimum
981902 eligibility standards for indigent health care established under
982903 Section 61.006, Health and Safety Code, apply to the taxing unit,
983- the equivalent [effective] maintenance and operations rate for the
984- taxing unit is increased by the rate computed according to the
904+ the no-new-revenue [effective] maintenance and operations rate for
905+ the taxing unit is increased by the rate computed according to the
985906 following formula:
986907 Amount of Increase = Enhanced Indigent Health Care
987908 Expenditures / (Current Total Value - New Property
988909 Value)
989910 (b) In each subsequent tax year, if the taxing unit's
990911 enhanced indigent health care expenses exceed the amount of those
991- expenses for the preceding year, the equivalent [effective]
912+ expenses for the preceding year, the no-new-revenue [effective]
992913 maintenance and operations rate for the taxing unit is increased by
993914 the rate computed according to the following formula:
994915 Amount of Increase = (Current Tax Year's Enhanced
995916 Indigent Health Care Expenditures - Preceding Tax
996917 Year's Indigent Health Care Expenditures) / (Current
997918 Total Value - New Property Value)
998919 (c) The taxing unit shall include a notice of the increase
999- in its equivalent [effective] maintenance and operations rate
920+ in its no-new-revenue [effective] maintenance and operations rate
1000921 provided by this section, including a brief description and the
1001922 amount of the enhanced indigent health care expenditures, in the
1002923 information published under Section 26.04(e) and, if applicable,
1003924 Section 26.06(b).
1004- SECTION 32. Section 26.05, Tax Code, is amended by amending
925+ SECTION 27. Section 26.05, Tax Code, is amended by amending
1005926 Subsections (b), (c), (d), (e), and (g) and adding Subsections
1006- (d-1), (d-2), and (e-1) to read as follows:
927+ (d-1) and (d-2) to read as follows:
1007928 (b) A taxing unit may not impose property taxes in any year
1008929 until the governing body has adopted a tax rate for that year, and
1009930 the annual tax rate must be set by ordinance, resolution, or order,
1010931 depending on the method prescribed by law for adoption of a law by
1011932 the governing body. The vote on the ordinance, resolution, or order
1012933 setting the tax rate must be separate from the vote adopting the
1013934 budget. For a taxing unit other than a school district, the vote on
1014935 the ordinance, resolution, or order setting a tax rate that exceeds
1015- the equivalent [effective] tax rate must be a record vote, and at
1016- least 60 percent of the members of the governing body must vote in
1017- favor of the ordinance, resolution, or order. For a school
936+ the no-new-revenue [effective] tax rate must be a record vote, and
937+ at least 60 percent of the members of the governing body must vote
938+ in favor of the ordinance, resolution, or order. For a school
1018939 district, the vote on the ordinance, resolution, or order setting a
1019- tax rate that exceeds the sum of the equivalent [effective]
940+ tax rate that exceeds the sum of the no-new-revenue [effective]
1020941 maintenance and operations tax rate of the district as determined
1021942 under Section 26.08(i) and the district's current debt rate must be
1022943 a record vote, and at least 60 percent of the members of the
1023944 governing body must vote in favor of the ordinance, resolution, or
1024945 order. A motion to adopt an ordinance, resolution, or order setting
1025- a tax rate that exceeds the equivalent [effective] tax rate must be
1026- made in the following form: "I move that the property tax rate be
1027- increased by the adoption of a tax rate of (specify tax rate), which
1028- is effectively a (insert percentage by which the proposed tax rate
1029- exceeds the equivalent [effective] tax rate) percent increase in
1030- the tax rate." If the ordinance, resolution, or order sets a tax
1031- rate that, if applied to the total taxable value, will impose an
1032- amount of taxes to fund maintenance and operation expenditures of
1033- the taxing unit that exceeds the amount of taxes imposed for that
1034- purpose in the preceding year, the taxing unit must:
946+ a tax rate that exceeds the no-new-revenue [effective] tax rate
947+ must be made in the following form: "I move that the property tax
948+ rate be increased by the adoption of a tax rate of (specify tax
949+ rate), which is effectively a (insert percentage by which the
950+ proposed tax rate exceeds the no-new-revenue [effective] tax rate)
951+ percent increase in the tax rate." If the ordinance, resolution, or
952+ order sets a tax rate that, if applied to the total taxable value,
953+ will impose an amount of taxes to fund maintenance and operation
954+ expenditures of the taxing unit that exceeds the amount of taxes
955+ imposed for that purpose in the preceding year, the taxing unit
956+ must:
1035957 (1) include in the ordinance, resolution, or order in
1036958 type larger than the type used in any other portion of the document:
1037959 (A) the following statement: "THIS TAX RATE WILL
1038960 RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S
1039961 TAX RATE."; and
1040- (B) if the tax rate exceeds the equivalent
962+ (B) if the tax rate exceeds the no-new-revenue
1041963 [effective] maintenance and operations rate, the following
1042964 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
1043- PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE EQUIVALENT [EFFECTIVE]
1044- MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR
1045- MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY
1046- $(Insert amount)."; and
965+ PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
966+ [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
967+ TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
968+ APPROXIMATELY $(Insert amount)."; and
1047969 (2) include on the home page of the [any] Internet
1048970 website of [operated by] the unit:
1049971 (A) the following statement: "(Insert name of
1050972 unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE
1051973 AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and
1052- (B) if the tax rate exceeds the equivalent
974+ (B) if the tax rate exceeds the no-new-revenue
1053975 [effective] maintenance and operations rate, the following
1054976 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
1055- PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE EQUIVALENT [EFFECTIVE]
1056- MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR
1057- MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY
1058- $(Insert amount)."
977+ PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
978+ [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
979+ TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
980+ APPROXIMATELY $(Insert amount)."
1059981 (c) If the governing body of a taxing unit does not adopt a
1060982 tax rate before the date required by Subsection (a), the tax rate
1061- for the taxing unit for that tax year is the lower of the equivalent
1062- [effective] tax rate calculated for that tax year or the tax rate
1063- adopted by the taxing unit for the preceding tax year. A tax rate
1064- established by this subsection is treated as an adopted tax rate.
1065- Before the fifth day after the establishment of a tax rate by this
1066- subsection, the governing body of the taxing unit must ratify the
1067- applicable tax rate in the manner required by Subsection (b).
983+ for the taxing unit for that tax year is the lower of the
984+ no-new-revenue [effective] tax rate calculated for that tax year or
985+ the tax rate adopted by the taxing unit for the preceding tax year.
986+ A tax rate established by this subsection is treated as an adopted
987+ tax rate. Before the fifth day after the establishment of a tax
988+ rate by this subsection, the governing body of the taxing unit must
989+ ratify the applicable tax rate in the manner required by Subsection
990+ (b).
1068991 (d) The governing body of a taxing unit other than a school
1069992 district may not adopt a tax rate that exceeds the lower of the
1070- rollback tax rate or the equivalent [effective] tax rate calculated
1071- as provided by this chapter until the governing body has held two
1072- public hearings on the proposed tax rate and has otherwise complied
1073- with Section 26.06 and Section 26.065. The governing body of a
1074- taxing unit shall reduce a tax rate set by law or by vote of the
1075- electorate to the lower of the rollback tax rate or the equivalent
1076- [effective] tax rate and may not adopt a higher rate unless it first
1077- complies with Section 26.06.
993+ rollback tax rate or the no-new-revenue [effective] tax rate
994+ calculated as provided by this chapter until the governing body has
995+ held two public hearings on the proposed tax rate and has otherwise
996+ complied with Section 26.06 and Section 26.065. The governing body
997+ of a taxing unit shall reduce a tax rate set by law or by vote of the
998+ electorate to the lower of the rollback tax rate or the
999+ no-new-revenue [effective] tax rate and may not adopt a higher rate
1000+ unless it first complies with Section 26.06.
10781001 (d-1) The governing body of a taxing unit may not hold a
10791002 public hearing on a proposed tax rate or a public meeting to adopt a
10801003 tax rate until the 14th day after the date the officer or employee
10811004 designated by the governing body of the unit to calculate the
1082- equivalent tax rate and the rollback tax rate for the unit complies
1083- with Section 26.17.
1005+ no-new-revenue tax rate and the rollback tax rate for the unit
1006+ complies with Section 26.17.
10841007 (d-2) Notwithstanding Subsection (a), the governing body of
10851008 a taxing unit other than a school district may not adopt a tax rate
10861009 until:
1087- (1) the tax notice officer of each appraisal district
1088- in which the taxing unit participates has delivered the notice
1089- required by Section 26.04(e-2);
1010+ (1) the chief appraiser of each appraisal district in
1011+ which the taxing unit participates has:
1012+ (A) delivered the notice required by Section
1013+ 26.04(e-2); and
1014+ (B) incorporated the tax rate calculation forms
1015+ submitted to the appraisal district under Section 26.17(d)(2) by
1016+ the designated officer or employee of the taxing unit into the
1017+ property tax database maintained by the chief appraiser and made
1018+ them available to the public;
10901019 (2) the designated officer or employee of the taxing
1091- unit has:
1092- (A) entered in the real-time tax database
1093- maintained by the tax notice officer the information described by
1094- Section 26.17(b) for the current tax year; and
1095- (B) incorporated the completed tax rate
1096- calculation forms prepared under Section 26.04(d-1) into the
1097- real-time tax database maintained by the tax notice officer; and
1020+ unit has entered in the property tax database maintained by the
1021+ chief appraiser the information described by Section 26.17(b) for
1022+ the current tax year; and
10981023 (3) the taxing unit has posted the information
10991024 described by Section 26.18 on the Internet website used by the
11001025 taxing unit for that purpose.
11011026 (e) A person who owns taxable property is entitled to an
11021027 injunction restraining the collection of taxes by a taxing unit in
11031028 which the property is taxable if the taxing unit has not complied
11041029 with the requirements of this section or Section 26.04 [and the
1105- failure to comply was not in good faith]. It is a defense in an
1106- action for an injunction under this subsection that the failure to
1107- comply was in good faith. An action to enjoin the collection of
1108- taxes must be filed not later than the 15th day after the date the
1109- taxing unit adopts a tax rate. A property owner is not required to
1110- pay the taxes imposed by a taxing unit on the owner's property while
1111- an action filed by the property owner to enjoin the collection of
1112- taxes imposed by the taxing unit on the owner's property is pending.
1113- If the property owner pays the taxes and subsequently prevails in
1114- the action, the property owner is entitled to a refund of the taxes
1115- paid, together with reasonable attorney's fees and court costs.
1116- The property owner is not required to apply to the collector for the
1117- taxing unit to receive the refund [prior to the date a taxing unit
1118- delivers substantially all of its tax bills].
1119- (e-1) The governing body of a taxing unit that imposes an
1120- additional sales and use tax may not adopt the component of the tax
1121- rate of the unit described by Subsection (a)(1) of this section
1122- until the chief financial officer or the auditor for the unit
1123- submits to the governing body of the unit a written certification
1124- that the amount of additional sales and use tax revenue that will be
1125- used to pay debt service has been deducted from the total amount
1126- published under Section 26.04(e)(3)(C) as required by Subsection
1127- (a)(1) of this section. The comptroller shall adopt rules
1128- governing the form of the certification required by this subsection
1129- and the manner in which it is required to be submitted.
1030+ failure to comply was not in good faith]. An action to enjoin the
1031+ collection of taxes must be filed not later than the 15th day after
1032+ the date the taxing unit adopts a tax rate. A property owner is not
1033+ required to pay the taxes imposed by a taxing unit on the owner's
1034+ property while an action filed by the property owner to enjoin the
1035+ collection of taxes imposed by the taxing unit on the owner's
1036+ property is pending. If the property owner pays the taxes and
1037+ subsequently prevails in the action, the property owner is entitled
1038+ to a refund of the taxes paid, together with reasonable attorney's
1039+ fees and court costs. The property owner is not required to apply
1040+ to the collector for the taxing unit to receive the refund [prior to
1041+ the date a taxing unit delivers substantially all of its tax bills].
11301042 (g) Notwithstanding Subsection (a), the governing body of a
11311043 school district that elects to adopt a tax rate before the adoption
11321044 of a budget for the fiscal year that begins in the current tax year
11331045 may adopt a tax rate for the current tax year before receipt of the
11341046 certified appraisal roll for the school district if the chief
11351047 appraiser of the appraisal district in which the school district
11361048 participates has certified to the assessor for the school district
11371049 an estimate of the taxable value of property in the school district
11381050 as provided by Section 26.01(e). If a school district adopts a tax
1139- rate under this subsection, the equivalent [effective] tax rate and
1140- the rollback tax rate of the district shall be calculated based on
1141- the certified estimate of taxable value.
1142- SECTION 33. Section 26.052, Tax Code, is amended by
1051+ rate under this subsection, the no-new-revenue [effective] tax rate
1052+ and the rollback tax rate of the district shall be calculated based
1053+ on the certified estimate of taxable value.
1054+ SECTION 28. Section 26.052, Tax Code, is amended by
11431055 amending Subsection (e) and adding Subsection (f) to read as
11441056 follows:
11451057 (e) Public notice provided under Subsection (c) must
11461058 specify:
11471059 (1) the tax rate that the governing body proposes to
11481060 adopt;
11491061 (2) the date, time, and location of the meeting of the
11501062 governing body of the taxing unit at which the governing body will
11511063 consider adopting the proposed tax rate; and
11521064 (3) if the proposed tax rate for the taxing unit
1153- exceeds the unit's equivalent [effective] tax rate calculated as
1154- provided by Section 26.04, a statement substantially identical to
1155- the following: "The proposed tax rate would increase total taxes in
1156- (name of taxing unit) by (percentage by which the proposed tax rate
1157- exceeds the equivalent [effective] tax rate)."
1065+ exceeds the unit's no-new-revenue [effective] tax rate calculated
1066+ as provided by Section 26.04, a statement substantially identical
1067+ to the following: "The proposed tax rate would increase total taxes
1068+ in (name of taxing unit) by (percentage by which the proposed tax
1069+ rate exceeds the no-new-revenue [effective] tax rate)."
11581070 (f) A taxing unit to which this section applies that elects
11591071 to provide public notice of its proposed tax rate under Subsection
1160- (c)(2) must also provide public notice of its proposed tax rate by
1161- posting notice of the proposed tax rate, including the information
1162- prescribed by Subsection (e), prominently on the home page of the
1072+ (c) may also provide public notice of its proposed tax rate by
1073+ posting notice of the proposed tax rate including the information
1074+ prescribed by Subsection (e) prominently on the home page of the
11631075 Internet website of the taxing unit.
1164- SECTION 34. Section 26.06, Tax Code, is amended by amending
1165- Subsections (b), (c), (d), and (e) and adding Subsections (b-1),
1166- (b-2), (b-3), and (b-4) to read as follows:
1076+ SECTION 29. Sections 26.06(b), (c), (d), and (e), Tax Code,
1077+ are amended to read as follows:
11671078 (b) The notice of a public hearing may not be smaller than
11681079 one-quarter page of a standard-size or a tabloid-size newspaper,
11691080 and the headline on the notice must be in 24-point or larger type.
1170- [The notice must contain a statement in the following form:
1171- ["NOTICE OF PUBLIC HEARING ON TAX INCREASE
1172- ["The (name of the taxing unit) will hold two public hearings
1081+ The notice must contain a statement in the following form:
1082+ "NOTICE OF PUBLIC HEARING ON TAX INCREASE
1083+ "The (name of the taxing unit) will hold two public hearings
11731084 on a proposal to increase total tax revenues from properties on the
11741085 tax roll in the preceding tax year by (percentage by which proposed
1175- tax rate exceeds lower of rollback tax rate or effective tax rate
1176- calculated under this chapter) percent. Your individual taxes may
1177- increase at a greater or lesser rate, or even decrease, depending on
1178- the change in the taxable value of your property in relation to the
1179- change in taxable value of all other property and the tax rate that
1180- is adopted.
1181- ["The first public hearing will be held on (date and time) at
1086+ tax rate exceeds lower of rollback tax rate or no-new-revenue
1087+ [effective] tax rate calculated under this chapter) percent. Your
1088+ individual taxes may increase at a greater or lesser rate, or even
1089+ decrease, depending on the tax rate that is adopted and on the
1090+ change in the taxable value of your property in relation to the
1091+ change in taxable value of all other property [and the tax rate that
1092+ is adopted]. The change in the taxable value of your property in
1093+ relation to the change in the taxable value of all other property
1094+ determines the distribution of the tax burden among all property
1095+ owners.
1096+ "The first public hearing will be held on (date and time) at
11821097 (meeting place).
1183- ["The second public hearing will be held on (date and time) at
1098+ "The second public hearing will be held on (date and time) at
11841099 (meeting place).
1185- ["(Names of all members of the governing body, showing how
1100+ "(Names of all members of the governing body, showing how
11861101 each voted on the proposal to consider the tax increase or, if one
11871102 or more were absent, indicating the absences.)
1188- ["The average taxable value of a residence homestead in (name
1103+ "The average taxable value of a residence homestead in (name
11891104 of taxing unit) last year was $____ (average taxable value of a
11901105 residence homestead in the taxing unit for the preceding tax year,
11911106 disregarding residence homestead exemptions available only to
11921107 disabled persons or persons 65 years of age or older). Based on
11931108 last year's tax rate of $____ (preceding year's adopted tax rate)
11941109 per $100 of taxable value, the amount of taxes imposed last year on
11951110 the average home was $____ (tax on average taxable value of a
11961111 residence homestead in the taxing unit for the preceding tax year,
11971112 disregarding residence homestead exemptions available only to
11981113 disabled persons or persons 65 years of age or older).
1199- ["The average taxable value of a residence homestead in (name
1114+ "The average taxable value of a residence homestead in (name
12001115 of taxing unit) this year is $____ (average taxable value of a
12011116 residence homestead in the taxing unit for the current tax year,
12021117 disregarding residence homestead exemptions available only to
12031118 disabled persons or persons 65 years of age or older). If the
1204- governing body adopts the effective tax rate for this year of $____
1205- (effective tax rate) per $100 of taxable value, the amount of taxes
1206- imposed this year on the average home would be $____ (tax on average
1207- taxable value of a residence homestead in the taxing unit for the
1208- current tax year, disregarding residence homestead exemptions
1209- available only to disabled persons or persons 65 years of age or
1210- older).
1211- ["If the governing body adopts the proposed tax rate of $____
1119+ governing body adopts the no-new-revenue [effective] tax rate for
1120+ this year of $____ (no-new-revenue [effective] tax rate) per $100
1121+ of taxable value, the amount of taxes imposed this year on the
1122+ average home would be $____ (tax on average taxable value of a
1123+ residence homestead in the taxing unit for the current tax year,
1124+ disregarding residence homestead exemptions available only to
1125+ disabled persons or persons 65 years of age or older).
1126+ "If the governing body adopts the proposed tax rate of $____
12121127 (proposed tax rate) per $100 of taxable value, the amount of taxes
12131128 imposed this year on the average home would be $____ (tax on the
12141129 average taxable value of a residence in the taxing unit for the
12151130 current year disregarding residence homestead exemptions available
12161131 only to disabled persons or persons 65 years of age or older).
1217- ["Members of the public are encouraged to attend the hearings
1218- and express their views."]
1219- (b-1) If the proposed tax rate exceeds the equivalent tax
1220- rate and the rollback tax rate of the taxing unit, the notice must
1221- contain a statement in the following form:
1222- "NOTICE OF PUBLIC HEARING ON TAX INCREASE
1223- "PROPOSED TAX RATE $__________ per $100
1224- "EQUIVALENT TAX RATE $__________ per $100
1225- "ROLLBACK TAX RATE $__________ per $100
1226- "The equivalent tax rate is the tax rate for the (current tax
1227- year) tax year that will raise the same amount of property tax
1228- revenue for (name of taxing unit) from the same properties in both
1229- the (preceding tax year) tax year and the (current tax year) tax
1230- year.
1231- "The rollback tax rate is the highest tax rate that (name of
1232- taxing unit) may adopt before the voters by petition may require
1233- that an election be held to determine whether or not to reduce the
1234- tax rate to the rollback tax rate.
1235- "The proposed tax rate is greater than the equivalent tax
1236- rate. This means that (name of taxing unit) is proposing to
1237- increase property taxes for the (current tax year) tax year.
1238- "A public hearing on the proposed tax rate will be held on
1239- (date and time) at (meeting place).
1240- "A second public hearing will be held on (date and time) at
1241- (meeting place).
1242- "The proposed tax rate is also greater than the rollback tax
1243- rate. If (name of taxing unit) adopts the proposed tax rate, the
1244- voters by petition may require that an election be held to determine
1245- whether or not to reduce the tax rate to the rollback tax rate. The
1246- requirements for a petition may be found in Sections 26.07 and
1247- 26.081, Tax Code.
1248- "Your taxes owed under any of the tax rates mentioned above
1249- can be calculated as follows:
1250- "Property tax amount = tax rate x taxable value of your
1251- property / 100
1252- "(Names of all members of the governing body, showing how
1253- each voted on the proposal to consider the tax increase or, if one
1254- or more were absent, indicating the absences.)"
1255- (b-2) If the proposed tax rate exceeds the equivalent tax
1256- rate but does not exceed the rollback tax rate of the taxing unit,
1257- the notice must contain a statement in the following form:
1258- "NOTICE OF PUBLIC HEARING ON TAX INCREASE
1259- "PROPOSED TAX RATE $__________ per $100
1260- "EQUIVALENT TAX RATE $__________ per $100
1261- "ROLLBACK TAX RATE $__________ per $100
1262- "The equivalent tax rate is the tax rate for the (current tax
1263- year) tax year that will raise the same amount of property tax
1264- revenue for (name of taxing unit) from the same properties in both
1265- the (preceding tax year) tax year and the (current tax year) tax
1266- year.
1267- "The rollback tax rate is the highest tax rate that (name of
1268- taxing unit) may adopt before the voters by petition may require
1269- that an election be held to determine whether or not to reduce the
1270- tax rate to the rollback tax rate.
1271- "The proposed tax rate is greater than the equivalent tax
1272- rate. This means that (name of taxing unit) is proposing to
1273- increase property taxes for the (current tax year) tax year.
1274- "A public hearing on the proposed tax rate will be held on
1275- (date and time) at (meeting place).
1276- "A second public hearing will be held on (date and time) at
1277- (meeting place).
1278- "The proposed tax rate is not greater than the rollback tax
1279- rate. As a result, the voters may not petition for an election to
1280- determine whether or not to reduce the tax rate to the rollback tax
1281- rate. However, you may express your support for or opposition to
1282- the proposed tax rate by contacting the members of the (name of
1283- governing body) of (name of taxing unit) at their offices or by
1284- attending one of the public hearings mentioned above.
1285- "Your taxes owed under any of the tax rates mentioned above
1286- can be calculated as follows:
1287- "Property tax amount = tax rate x taxable value of your
1288- property / 100
1289- "(Names of all members of the governing body, showing how
1290- each voted on the proposal to consider the tax increase or, if one
1291- or more were absent, indicating the absences.)"
1292- (b-3) If the proposed tax rate does not exceed the
1293- equivalent tax rate but exceeds the rollback tax rate of the taxing
1294- unit, the notice must contain a statement in the following form:
1295- "NOTICE OF PUBLIC HEARING ON TAX RATE
1296- "PROPOSED TAX RATE $__________ per $100
1297- "EQUIVALENT TAX RATE $__________ per $100
1298- "ROLLBACK TAX RATE $__________ per $100
1299- "The equivalent tax rate is the tax rate for the (current tax
1300- year) tax year that will raise the same amount of property tax
1301- revenue for (name of taxing unit) from the same properties in both
1302- the (preceding tax year) tax year and the (current tax year) tax
1303- year.
1304- "The rollback tax rate is the highest tax rate that (name of
1305- taxing unit) may adopt before the voters by petition may require
1306- that an election be held to determine whether or not to reduce the
1307- tax rate to the rollback tax rate.
1308- "The proposed tax rate is not greater than the equivalent tax
1309- rate. This means that (name of taxing unit) is not proposing to
1310- increase property taxes for the (current tax year) tax year.
1311- "A public hearing on the proposed tax rate will be held on
1312- (date and time) at (meeting place).
1313- "A second public hearing will be held on (date and time) at
1314- (meeting place).
1315- "The proposed tax rate is greater than the rollback tax rate.
1316- If (name of taxing unit) adopts the proposed tax rate, the voters by
1317- petition may require that an election be held to determine whether
1318- or not to reduce the tax rate to the rollback tax rate. The
1319- requirements for a petition may be found in Sections 26.07 and
1320- 26.081, Tax Code.
1321- "Your taxes owed under any of the tax rates mentioned above
1322- can be calculated as follows:
1323- "Property tax amount = tax rate x taxable value of your
1324- property / 100
1325- "(Names of all members of the governing body, showing how
1326- each voted on the proposal to consider the tax increase or, if one
1327- or more were absent, indicating the absences.)"
1328- (b-4) In addition to including the information described by
1329- Subsection (b-1), (b-2), or (b-3), as applicable, the notice must
1330- include the information described by Section 26.062.
1132+ "Members of the public are encouraged to attend the hearings
1133+ and express their views."
13311134 (c) The notice of a public hearing under this section may be
13321135 delivered by mail to each property owner in the unit, or may be
13331136 published in a newspaper. If the notice is published in a
13341137 newspaper, it may not be in the part of the paper in which legal
1335- notices and classified advertisements appear. If the taxing unit
1336- publishes the notice in a newspaper [operates an Internet website],
1337- the taxing unit must also post the notice prominently on the home
1338- page of the Internet website of the unit [must be posted on the
1339- website] from the date the notice is first published until the
1340- second public hearing is concluded.
1138+ notices and classified advertisements appear. The [If the taxing
1139+ unit operates an Internet website, the] notice must also be posted
1140+ prominently on the home page of the Internet website of the taxing
1141+ unit from the date the notice is first published until the second
1142+ public hearing is concluded.
13411143 (d) At the public hearings the governing body shall announce
13421144 the date, time, and place of the meeting at which it will vote on the
13431145 proposed tax rate. After each hearing the governing body shall give
13441146 notice of the meeting at which it will vote on the proposed tax rate
13451147 and the notice shall be in the same form as prescribed by
13461148 Subsections (b) and (c), except that it must state the following:
13471149 "NOTICE OF TAX REVENUE INCREASE
13481150 "The (name of the taxing unit) conducted public hearings on
13491151 (date of first hearing) and (date of second hearing) on a proposal
13501152 to increase the total tax revenues of the (name of the taxing unit)
13511153 from properties on the tax roll in the preceding year by (percentage
13521154 by which proposed tax rate exceeds lower of rollback tax rate or
1353- equivalent [effective] tax rate calculated under this chapter)
1155+ no-new-revenue [effective] tax rate calculated under this chapter)
13541156 percent.
13551157 "The total tax revenue proposed to be raised last year at last
13561158 year's tax rate of (insert tax rate for the preceding year) for each
13571159 $100 of taxable value was (insert total amount of taxes imposed in
13581160 the preceding year).
13591161 "The total tax revenue proposed to be raised this year at the
13601162 proposed tax rate of (insert proposed tax rate) for each $100 of
13611163 taxable value, excluding tax revenue to be raised from new property
13621164 added to the tax roll this year, is (insert amount computed by
13631165 multiplying proposed tax rate by the difference between current
13641166 total value and new property value).
13651167 "The total tax revenue proposed to be raised this year at the
13661168 proposed tax rate of (insert proposed tax rate) for each $100 of
13671169 taxable value, including tax revenue to be raised from new property
13681170 added to the tax roll this year, is (insert amount computed by
13691171 multiplying proposed tax rate by current total value).
13701172 "The (governing body of the taxing unit) is scheduled to vote
13711173 on the tax rate that will result in that tax increase at a public
13721174 meeting to be held on (date of meeting) at (location of meeting,
13731175 including mailing address) at (time of meeting).
13741176 "The (governing body of the taxing unit) proposes to use the
13751177 increase in total tax revenue for the purpose of (description of
13761178 purpose of increase)."
13771179 (e) The meeting to vote on the tax increase may not be
13781180 earlier than the third day or later than the 14th day after the date
13791181 of the second public hearing. The meeting must be held inside the
13801182 boundaries of the taxing unit in a publicly owned building or, if a
13811183 suitable publicly owned building is not available, in a suitable
13821184 building to which the public normally has access. If the governing
13831185 body does not adopt a tax rate that exceeds the lower of the
1384- rollback tax rate or the equivalent [effective] tax rate by the 14th
1385- day, it must give a new notice under Subsection (d) before it may
1386- adopt a rate that exceeds the lower of the rollback tax rate or the
1387- equivalent [effective] tax rate.
1388- SECTION 35. Chapter 26, Tax Code, is amended by adding
1389- Sections 26.061 and 26.062 to read as follows:
1390- Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE
1391- THAT DOES NOT EXCEED LOWER OF EQUIVALENT OR ROLLBACK TAX RATE.
1392- (a) This section applies only to the governing body of a taxing
1393- unit other than a school district that proposes to adopt a tax rate
1394- that does not exceed the lower of the equivalent tax rate or the
1395- rollback tax rate calculated as provided by this chapter.
1396- (b) The notice of the meeting at which the governing body of
1397- the taxing unit will vote on the proposed tax rate must contain a
1398- statement in the following form:
1399- "NOTICE OF MEETING TO VOTE ON TAX RATE
1400- "PROPOSED TAX RATE $__________ per $100
1401- "EQUIVALENT TAX RATE $__________ per $100
1402- "ROLLBACK TAX RATE $__________ per $100
1403- "The equivalent tax rate is the tax rate for the (current tax
1404- year) tax year that will raise the same amount of property tax
1405- revenue for (name of taxing unit) from the same properties in both
1406- the (preceding tax year) tax year and the (current tax year) tax
1407- year.
1408- "The rollback tax rate is the highest tax rate that (name of
1409- taxing unit) may adopt before the voters by petition may require
1410- that an election be held to determine whether or not to reduce the
1411- tax rate to the rollback tax rate.
1412- "The proposed tax rate is not greater than the equivalent tax
1413- rate. This means that (name of taxing unit) is not proposing to
1414- increase property taxes for the (current tax year) tax year.
1415- "A public meeting to vote on the proposed tax rate will be
1416- held on (date and time) at (meeting place).
1417- "The proposed tax rate is also not greater than the rollback
1418- tax rate. As a result, the voters may not petition for an election
1419- to determine whether or not to reduce the tax rate to the rollback
1420- tax rate. However, you may express your support for or opposition
1421- to the proposed tax rate by contacting the members of the (name of
1422- governing body) of (name of taxing unit) at their offices or by
1423- attending the public meeting mentioned above.
1424- "Your taxes owed under any of the above rates can be
1425- calculated as follows:
1426- "Property tax amount = tax rate x taxable value of your
1427- property / 100
1428- "(Names of all members of the governing body, showing how
1429- each voted on the proposed tax rate or, if one or more were absent,
1430- indicating the absences.)"
1431- (c) In addition to including the information described by
1432- Subsection (b), the notice must include the information described
1433- by Section 26.062.
1434- Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX
1435- RATE NOTICE. (a) In addition to the information described by
1436- Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a
1437- notice required by that provision must include at the end of the
1438- notice:
1439- (1) a statement in the following form:
1440- "The following table compares the taxes imposed on the
1441- average residence homestead by (name of taxing unit) last year to
1442- the taxes proposed to be imposed on the average residence homestead
1443- by (name of taxing unit) this year:";
1444- (2) a table in the form required by this section
1445- following the statement described by Subdivision (1); and
1446- (3) a statement in the following form following the
1447- table:
1448- (A) if the tax assessor for the taxing unit
1449- maintains an Internet website: "For assistance with tax
1450- calculations, please contact the tax assessor for (name of taxing
1451- unit) at (telephone number) or (e-mail address), or visit (Internet
1452- website address) for more information."; or
1453- (B) if the tax assessor for the taxing unit does
1454- not maintain an Internet website: "For assistance with tax
1455- calculations, please contact the tax assessor for (name of taxing
1456- unit) at (telephone number) or (e-mail address)."
1457- (b) The table must contain five rows and four columns.
1458- (c) The first row must appear as follows:
1459- (1) the first column of the first row must be left
1460- blank;
1461- (2) the second column of the first row must state the
1462- year corresponding to the preceding tax year;
1463- (3) the third column of the first row must state the
1464- year corresponding to the current tax year; and
1465- (4) the fourth column of the first row must be entitled
1466- "Change".
1467- (d) The second row must appear as follows:
1468- (1) the first column of the second row must be entitled
1469- "Total tax rate (per $100 of value)";
1470- (2) the second column of the second row must state the
1471- adopted tax rate for the preceding tax year;
1472- (3) the third column of the second row must state the
1473- proposed tax rate for the current tax year; and
1474- (4) the fourth column of the second row must state the
1475- nominal and percentage difference between the adopted tax rate for
1476- the preceding tax year and the proposed tax rate for the current tax
1477- year as follows: "(increase or decrease, as applicable) of
1478- (nominal difference between tax rate stated in second column of
1479- second row and tax rate stated in third column of second row) per
1480- $100, or (percentage difference between tax rate stated in second
1481- column of second row and tax rate stated in third column of second
1482- row)%".
1483- (e) The third row must appear as follows:
1484- (1) the first column of the third row must be entitled
1485- "Average homestead taxable value";
1486- (2) the second column of the third row must state the
1487- average taxable value of a residence homestead in the taxing unit
1488- for the preceding tax year;
1489- (3) the third column of the third row must state the
1490- average taxable value of a residence homestead in the taxing unit
1491- for the current tax year; and
1492- (4) the fourth column of the third row must state the
1493- percentage difference between the average taxable value of a
1494- residence homestead in the taxing unit for the preceding tax year
1495- and the average taxable value of a residence homestead in the taxing
1496- unit for the current tax year as follows: "(increase or decrease,
1497- as applicable) of (percentage difference between amount stated in
1498- second column of third row and amount stated in third column of
1499- third row)%".
1500- (f) The fourth row must appear as follows:
1501- (1) the first column of the fourth row must be entitled
1502- "Tax on average homestead";
1503- (2) the second column of the fourth row must state the
1504- amount of taxes imposed by the taxing unit in the preceding tax year
1505- on a residence homestead with a taxable value equal to the average
1506- taxable value of a residence homestead in the taxing unit in the
1507- preceding tax year;
1508- (3) the third column of the fourth row must state the
1509- amount of taxes that would be imposed by the taxing unit in the
1510- current tax year on a residence homestead with a taxable value equal
1511- to the average taxable value of a residence homestead in the taxing
1512- unit in the current tax year if the taxing unit adopted the proposed
1513- tax rate; and
1514- (4) the fourth column of the fourth row must state the
1515- nominal and percentage difference between the amount of taxes
1516- imposed by the taxing unit in the preceding tax year on a residence
1517- homestead with a taxable value equal to the average taxable value of
1518- a residence homestead in the taxing unit in the preceding tax year
1519- and the amount of taxes that would be imposed by the taxing unit in
1520- the current tax year on a residence homestead with a taxable value
1521- equal to the average taxable value of a residence homestead in the
1522- taxing unit in the current tax year if the taxing unit adopted the
1523- proposed tax rate, as follows: "(increase or decrease, as
1524- applicable) of (nominal difference between amount stated in second
1525- column of fourth row and amount stated in third column of fourth
1526- row), or (percentage difference between amount stated in second
1527- column of fourth row and amount stated in third column of fourth
1528- row)%".
1529- (g) The fifth row must appear as follows:
1530- (1) the first column of the fifth row must be entitled
1531- "Total tax levy on all properties";
1532- (2) the second column of the fifth row must state the
1533- amount equal to last year's levy;
1534- (3) the third column of the fifth row must state the
1535- amount computed by multiplying the proposed tax rate by the current
1536- total value and dividing the product by 100; and
1537- (4) the fourth column of the fifth row must state the
1538- nominal and percentage difference between the total amount of taxes
1539- imposed by the taxing unit in the preceding tax year and the amount
1540- that would be imposed by the taxing unit in the current tax year if
1541- the taxing unit adopted the proposed tax rate, as follows:
1542- "(increase or decrease, as applicable) of (nominal difference
1543- between amount stated in second column of fifth row and amount
1544- stated in third column of fifth row), or (percentage difference
1545- between amount stated in second column of fifth row and amount
1546- stated in third column of fifth row)%".
1547- (h) In calculating the average taxable value of a residence
1548- homestead in the taxing unit for the preceding tax year and the
1549- current tax year for purposes of Subsections (e) and (f), any
1550- residence homestead exemption available only to disabled persons,
1551- persons 65 years of age or older, or their surviving spouses must be
1552- disregarded.
1553- SECTION 36. Section 26.065(b), Tax Code, is amended to read
1186+ rollback tax rate or the no-new-revenue [effective] tax rate by the
1187+ 14th day, it must give a new notice under Subsection (d) before it
1188+ may adopt a rate that exceeds the lower of the rollback tax rate or
1189+ the no-new-revenue [effective] tax rate.
1190+ SECTION 30. Section 26.065(b), Tax Code, is amended to read
15541191 as follows:
15551192 (b) The [If the] taxing unit [owns, operates, or controls an
15561193 Internet website, the unit] shall post notice of the public hearing
15571194 prominently on the home page of the Internet website of the unit
15581195 continuously for at least seven days immediately before the public
15591196 hearing on the proposed tax rate increase and at least seven days
15601197 immediately before the date of the vote proposing the increase in
15611198 the tax rate.
1562- SECTION 37. Sections 26.08(g), (n), and (p), Tax Code, are
1199+ SECTION 31. Sections 26.08(g), (n), and (p), Tax Code, are
15631200 amended to read as follows:
15641201 (g) In a school district that received distributions from an
15651202 equalization tax imposed under former Chapter 18, Education Code,
1566- the equivalent tax [effective] rate of that tax as of the date of
1203+ the no-new-revenue [effective] rate of that tax as of the date of
15671204 the county unit system's abolition is added to the district's
15681205 rollback tax rate.
15691206 (n) For purposes of this section, the rollback tax rate of a
15701207 school district whose maintenance and operations tax rate for the
15711208 2005 tax year was $1.50 or less per $100 of taxable value is:
15721209 (1) for the 2006 tax year, the sum of the rate that is
15731210 equal to 88.67 percent of the maintenance and operations tax rate
15741211 adopted by the district for the 2005 tax year, the rate of $0.04 per
15751212 $100 of taxable value, and the district's current debt rate; and
15761213 (2) for the 2007 and subsequent tax years, the lesser
15771214 of the following:
15781215 (A) the sum of the following:
15791216 (i) the rate per $100 of taxable value that
15801217 is equal to the product of the state compression percentage, as
15811218 determined under Section 42.2516, Education Code, for the current
15821219 year and $1.50;
15831220 (ii) the rate of $0.04 per $100 of taxable
15841221 value;
15851222 (iii) the rate that is equal to the sum of
15861223 the differences for the 2006 and each subsequent tax year between
15871224 the adopted tax rate of the district for that year if the rate was
15881225 approved at an election under this section and the rollback tax rate
15891226 of the district for that year; and
15901227 (iv) the district's current debt rate; or
15911228 (B) the sum of the following:
1592- (i) the equivalent [effective] maintenance
1593- and operations tax rate of the district as computed under
1594- Subsection (i) [or (k), as applicable];
1229+ (i) the no-new-revenue [effective]
1230+ maintenance and operations tax rate of the district as computed
1231+ under Subsection (i) [or (k), as applicable];
15951232 (ii) the rate per $100 of taxable value that
15961233 is equal to the product of the state compression percentage, as
15971234 determined under Section 42.2516, Education Code, for the current
15981235 year and $0.06; and
15991236 (iii) the district's current debt rate.
16001237 (p) Notwithstanding Subsections (i), (n), and (o), if for
16011238 the preceding tax year a school district adopted a maintenance and
1602- operations tax rate that was less than the district's equivalent
1603- [effective] maintenance and operations tax rate for that preceding
1604- tax year, the rollback tax rate of the district for the current tax
1605- year is calculated as if the district adopted a maintenance and
1606- operations tax rate for the preceding tax year that was equal to the
1607- district's equivalent [effective] maintenance and operations tax
1608- rate for that preceding tax year.
1609- SECTION 38. Section 26.08(i), Tax Code, as effective
1239+ operations tax rate that was less than the district's
1240+ no-new-revenue [effective] maintenance and operations tax rate for
1241+ that preceding tax year, the rollback tax rate of the district for
1242+ the current tax year is calculated as if the district adopted a
1243+ maintenance and operations tax rate for the preceding tax year that
1244+ was equal to the district's no-new-revenue [effective] maintenance
1245+ and operations tax rate for that preceding tax year.
1246+ SECTION 32. Section 26.08(i), Tax Code, as effective
16101247 September 1, 2017, is amended to read as follows:
1611- (i) For purposes of this section, the equivalent
1248+ (i) For purposes of this section, the no-new-revenue
16121249 [effective] maintenance and operations tax rate of a school
16131250 district is the tax rate that, applied to the current total value
16141251 for the district, would impose taxes in an amount that, when added
16151252 to state funds that would be distributed to the district under
16161253 Chapter 42, Education Code, for the school year beginning in the
16171254 current tax year using that tax rate, would provide the same amount
16181255 of state funds distributed under Chapter 42, Education Code, and
16191256 maintenance and operations taxes of the district per student in
16201257 weighted average daily attendance for that school year that would
16211258 have been available to the district in the preceding year if the
16221259 funding elements for Chapters 41 and 42, Education Code, for the
16231260 current year had been in effect for the preceding year.
1624- SECTION 39. The heading to Section 26.16, Tax Code, is
1625- amended to read as follows:
1626- Sec. 26.16. POSTING OF TAX-RELATED INFORMATION [TAX RATES]
1627- ON COUNTY'S INTERNET WEBSITE.
1628- SECTION 40. Section 26.16, Tax Code, is amended by amending
1629- Subsections (a) and (d) and adding Subsections (a-1), (d-1), and
1630- (d-2) to read as follows:
1631- (a) Each county shall maintain an Internet website. The
1632- county assessor-collector for each county [that maintains an
1633- Internet website] shall post on the Internet website of the county
1634- the following information for the most recent five tax years
1635- beginning with the 2012 tax year for each taxing unit all or part of
1636- the territory of which is located in the county:
1261+ SECTION 33. Section 26.16, Tax Code, is amended by amending
1262+ Subsections (a) and (d) and adding Subsection (a-1) to read as
1263+ follows:
1264+ (a) The county assessor-collector for each county [that
1265+ maintains an Internet website] shall post on the Internet website
1266+ of the county the following information for the most recent five tax
1267+ years beginning with the 2012 tax year for each taxing unit all or
1268+ part of the territory of which is located in the county:
16371269 (1) the adopted tax rate;
16381270 (2) the maintenance and operations rate;
16391271 (3) the debt rate;
1640- (4) the equivalent [effective] tax rate;
1641- (5) the equivalent [effective] maintenance and
1272+ (4) the no-new-revenue [effective] tax rate;
1273+ (5) the no-new-revenue [effective] maintenance and
16421274 operations rate; and
16431275 (6) the rollback tax rate.
16441276 (a-1) For purposes of Subsection (a), a reference to the
1645- equivalent tax rate or the equivalent maintenance and operations
1646- rate includes the equivalent effective tax rate or effective
1647- maintenance and operations rate for a preceding year. This
1648- subsection expires January 1, 2024.
1277+ no-new-revenue tax rate or the no-new-revenue maintenance and
1278+ operations rate includes the equivalent effective tax rate or
1279+ effective maintenance and operations rate for a preceding year.
1280+ This subsection expires January 1, 2024.
16491281 (d) The county assessor-collector shall post immediately
16501282 below the table prescribed by Subsection (c) the following
16511283 statement:
16521284 "The county is providing this table of property tax rate
16531285 information as a service to the residents of the county. Each
16541286 individual taxing unit is responsible for calculating the property
16551287 tax rates listed in this table pertaining to that taxing unit and
16561288 providing that information to the county.
16571289 "The adopted tax rate is the tax rate adopted by the governing
16581290 body of a taxing unit.
16591291 "The maintenance and operations rate is the component of the
16601292 adopted tax rate of a taxing unit that will impose the amount of
16611293 taxes needed to fund maintenance and operation expenditures of the
16621294 unit for the following year.
16631295 "The debt rate is the component of the adopted tax rate of a
16641296 taxing unit that will impose the amount of taxes needed to fund the
16651297 unit's debt service for the following year.
1666- "The equivalent [effective] tax rate is the tax rate that
1298+ "The no-new-revenue [effective] tax rate is the tax rate that
16671299 would generate the same amount of revenue in the current tax year as
16681300 was generated by a taxing unit's adopted tax rate in the preceding
16691301 tax year from property that is taxable in both the current tax year
16701302 and the preceding tax year.
1671- "The equivalent [effective] maintenance and operations rate
1672- is the tax rate that would generate the same amount of revenue for
1673- maintenance and operations in the current tax year as was generated
1674- by a taxing unit's maintenance and operations rate in the preceding
1675- tax year from property that is taxable in both the current tax year
1676- and the preceding tax year.
1303+ "The no-new-revenue [effective] maintenance and operations
1304+ rate is the tax rate that would generate the same amount of revenue
1305+ for maintenance and operations in the current tax year as was
1306+ generated by a taxing unit's maintenance and operations rate in the
1307+ preceding tax year from property that is taxable in both the current
1308+ tax year and the preceding tax year.
16771309 "The rollback tax rate is the highest tax rate a taxing unit
16781310 may adopt before requiring voter approval at an election. In the
16791311 case of a taxing unit other than a school district, the voters by
16801312 petition may require that a rollback election be held if the unit
16811313 adopts a tax rate in excess of the unit's rollback tax rate. In the
16821314 case of a school district, an election will automatically be held if
16831315 the district wishes to adopt a tax rate in excess of the district's
16841316 rollback tax rate."
1685- (d-1) In addition to posting the information described by
1686- Subsection (a), the county assessor-collector shall post on the
1687- Internet website of the county for each taxing unit all or part of
1688- the territory of which is located in the county:
1689- (1) the tax rate calculation forms used by the
1690- designated officer or employee of each taxing unit to calculate the
1691- equivalent and rollback tax rates of the unit for the most recent
1692- five tax years beginning with the 2018 tax year, as certified by the
1693- designated officer or employee under Section 26.04(d-2); and
1694- (2) the name and official contact information for each
1695- member of the governing body of the taxing unit.
1696- (d-2) The county assessor-collector shall post on the
1697- Internet website of the county the tax rate calculation forms
1698- described by Subsection (d-1)(1) of this section for the current
1699- tax year as soon as practicable after the designated officer or
1700- employee of each taxing unit submits the forms to the county
1701- assessor-collector as required by Section 26.04(d-3).
1702- SECTION 41. Chapter 26, Tax Code, is amended by adding
1317+ SECTION 34. Chapter 26, Tax Code, is amended by adding
17031318 Sections 26.17 and 26.18 to read as follows:
1704- Sec. 26.17. REAL-TIME TAX DATABASE. (a) The tax notice
1705- officer of each appraisal district shall create and maintain a
1706- database that:
1707- (1) is identified by the name of the office of tax
1708- notices, instead of the name of the appraisal district, and as the
1709- "Real-Time Tax Database";
1319+ Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION.
1320+ (a) The chief appraiser of each appraisal district shall create and
1321+ maintain a property tax database that:
1322+ (1) is identified by the name of the county in which
1323+ the appraisal district is established instead of the name of the
1324+ appraisal district;
17101325 (2) contains information that is provided by
17111326 designated officers or employees of the taxing units that are
17121327 located in the appraisal district in the manner required by rules
17131328 adopted by the comptroller;
17141329 (3) is continuously updated as preliminary and revised
17151330 data become available to and are provided by the designated
17161331 officers or employees of taxing units;
17171332 (4) is accessible to the public; and
17181333 (5) is searchable by property address and owner.
1719- (b) The database must be capable of generating, with respect
1720- to each property listed on the appraisal roll for the appraisal
1721- district, a real-time tax notice that includes:
1334+ (b) The database must include, with respect to each property
1335+ listed on the appraisal roll for the appraisal district:
17221336 (1) the property's identification number;
17231337 (2) the property's market value;
17241338 (3) the property's taxable value;
17251339 (4) the name of each taxing unit in which the property
17261340 is located;
17271341 (5) for each taxing unit other than a school district
17281342 in which the property is located:
1729- (A) the equivalent tax rate; and
1343+ (A) the no-new-revenue tax rate; and
17301344 (B) the rollback tax rate;
17311345 (6) for each school district in which the property is
17321346 located:
17331347 (A) the rate to maintain the same amount of state
17341348 and local revenue per weighted student that the district received
17351349 in the school year beginning in the preceding tax year; and
17361350 (B) the rollback tax rate;
17371351 (7) the tax rate proposed by the governing body of each
17381352 taxing unit in which the property is located;
17391353 (8) for each taxing unit other than a school district
17401354 in which the property is located, the taxes that would be imposed on
17411355 the property if the unit adopted a tax rate equal to:
1742- (A) the equivalent tax rate; and
1356+ (A) the no-new-revenue tax rate; and
17431357 (B) the proposed tax rate;
17441358 (9) for each school district in which the property is
17451359 located, the taxes that would be imposed on the property if the
17461360 district adopted a tax rate equal to:
17471361 (A) the rate to maintain the same amount of state
17481362 and local revenue per weighted student that the district received
17491363 in the school year beginning in the preceding tax year; and
17501364 (B) the proposed tax rate;
17511365 (10) for each taxing unit other than a school district
17521366 in which the property is located, the difference between the amount
17531367 calculated under Subdivision (8)(A) and the amount calculated under
17541368 Subdivision (8)(B);
17551369 (11) for each school district in which the property is
17561370 located, the difference between the amount calculated under
17571371 Subdivision (9)(A) and the amount calculated under Subdivision
17581372 (9)(B);
1759- (12) the date, time, and location of each public
1760- hearing, if applicable, on the proposed tax rate to be held by the
1761- governing body of each taxing unit in which the property is located;
1762- (13) the date, time, and location of the public
1763- meeting at which the tax rate will be adopted to be held by the
1764- governing body of each taxing unit in which the property is located;
1765- and
1766- (14) for each taxing unit in which the property is
1767- located, an e-mail address at which the taxing unit is capable of
1768- receiving written comments regarding the proposed tax rate of the
1769- taxing unit.
1770- (c) The address of the Internet website at which the
1771- information contained in the database may be found must be in the
1772- form "(insert name of county in which appraisal district is
1773- established)CountyTaxRates.gov" or a substantially similar form.
1774- (d) The database must provide a link to the Internet website
1373+ (12) the date and location of each public hearing, if
1374+ applicable, on the proposed tax rate to be held by the governing
1375+ body of each taxing unit in which the property is located; and
1376+ (13) the date and location of the public meeting at
1377+ which the tax rate will be adopted to be held by the governing body
1378+ of each taxing unit in which the property is located.
1379+ (c) The database must provide a link to the Internet website
17751380 used by each taxing unit in which the property is located to post
1776- the information described by Section 26.18. The link must be
1777- preceded by the following statement:
1778- "Click on the name of the taxing unit for the following information
1779- about the taxing unit:
1780- "(1) the names of and contact information for each
1781- member of the governing body of the taxing unit;
1782- "(2) the budget proposed or adopted for the current
1783- year and the budgets for the preceding two years, as well as an
1784- analysis of the change in the budget from year to year;
1785- "(3) the amount of property tax revenue budgeted for
1786- maintenance and operation expenses and debt service in the proposed
1787- or adopted budget and in the budgets for the preceding two years;
1788- "(4) the tax rates adopted for maintenance and
1789- operation expenses and debt service for the preceding two years and
1790- the rates proposed for those purposes for the current year; and
1791- "(5) the most recent financial audit of the taxing
1792- unit."
1793- (d-1) The database must include the following definition of
1794- the equivalent tax rate: "The equivalent tax rate is last year's
1795- tax rate, adjusted for changes in taxable value. The equivalent tax
1796- rate takes into account all property on the tax roll for both last
1797- year and this year."
1798- (e) The officer or employee designated by the governing body
1799- of each taxing unit to calculate the equivalent tax rate and the
1381+ the information described by Section 26.18.
1382+ (d) The officer or employee designated by the governing body
1383+ of each taxing unit to calculate the no-new-revenue tax rate and the
18001384 rollback tax rate for the unit must electronically:
18011385 (1) enter in the database the information described by
18021386 Subsection (b) as the information becomes available; and
1803- (2) incorporate into the database the completed tax
1804- rate calculation forms prepared under Section 26.04(d-1) at the
1805- same time the designated officer or employee submits the tax rates
1806- to the governing body of the unit under Section 26.04(e).
1807- (e-1) The e-mail address described by Subsection (b)(14)
1808- must be accompanied by the following statement: "An e-mail address
1809- is provided for each taxing unit as a way for you to express your
1810- support for or opposition to the proposed tax rate. If you wish to
1811- express your support or opposition, you are encouraged to do so
1812- before the date of the hearing shown on the notice."
1813- (f) Each taxing unit shall establish an e-mail address for
1814- the purpose described by Subsection (b)(14).
1387+ (2) submit to the appraisal district the tax rate
1388+ calculation forms prepared under Section 26.04(d-1) at the same
1389+ time the designated officer or employee submits the tax rates to the
1390+ governing body of the unit under Section 26.04(e).
1391+ (e) The chief appraiser shall deliver by e-mail to the
1392+ designated officer or employee confirmation of receipt of the tax
1393+ rate calculation forms submitted under Subsection (d)(2). The
1394+ chief appraiser shall incorporate the forms into the database and
1395+ make them available to the public not later than the third day after
1396+ the date the chief appraiser receives them.
18151397 Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY
18161398 TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet
18171399 website or have access to a generally accessible Internet website
18181400 that may be used for the purposes of this section. Each taxing unit
18191401 shall post or cause to be posted on the Internet website the
18201402 following information in a format prescribed by the comptroller:
18211403 (1) the name of each member of the governing body of
18221404 the taxing unit;
18231405 (2) the mailing address, e-mail address, and telephone
18241406 number of the taxing unit;
18251407 (3) the official contact information for each member
18261408 of the governing body of the taxing unit, if that information is
18271409 different from the information described by Subdivision (2);
18281410 (4) the taxing unit's budget for the preceding two
18291411 years;
18301412 (5) the taxing unit's proposed or adopted budget for
18311413 the current year;
18321414 (6) the change in the amount of the taxing unit's
18331415 budget from the preceding year to the current year, by dollar amount
18341416 and percentage;
18351417 (7) in the case of a taxing unit other than a school
18361418 district, the amount of property tax revenue budgeted for
18371419 maintenance and operations for:
18381420 (A) the preceding two years; and
18391421 (B) the current year;
18401422 (8) in the case of a taxing unit other than a school
18411423 district, the amount of property tax revenue budgeted for debt
18421424 service for:
18431425 (A) the preceding two years; and
18441426 (B) the current year;
18451427 (9) the tax rate for maintenance and operations
18461428 adopted by the taxing unit for the preceding two years;
18471429 (10) in the case of a taxing unit other than a school
18481430 district, the tax rate for debt service adopted by the unit for the
18491431 preceding two years;
18501432 (11) in the case of a school district, the interest and
18511433 sinking fund tax rate adopted by the district for the preceding two
18521434 years;
18531435 (12) the tax rate for maintenance and operations
18541436 proposed by the taxing unit for the current year;
18551437 (13) in the case of a taxing unit other than a school
18561438 district, the tax rate for debt service proposed by the unit for the
18571439 current year;
18581440 (14) in the case of a school district, the interest and
18591441 sinking fund tax rate proposed by the district for the current year;
18601442 and
18611443 (15) the most recent financial audit of the taxing
18621444 unit.
1863- SECTION 42. Section 41.03(a), Tax Code, is amended to read
1445+ SECTION 35. Section 41.03(a), Tax Code, is amended to read
18641446 as follows:
18651447 (a) A taxing unit is entitled to challenge before the
18661448 appraisal review board:
18671449 (1) [the level of appraisals of any category of
18681450 property in the district or in any territory in the district, but
18691451 not the appraised value of a single taxpayer's property;
18701452 [(2)] an exclusion of property from the appraisal
18711453 records;
18721454 (2) [(3)] a grant in whole or in part of a partial
18731455 exemption;
18741456 (3) [(4)] a determination that land qualifies for
18751457 appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or
18761458 (4) [(5)] failure to identify the taxing unit as one
18771459 in which a particular property is taxable.
1878- SECTION 43. Section 41.44(d), Tax Code, is amended to read
1460+ SECTION 36. Section 41.44(d), Tax Code, is amended to read
18791461 as follows:
18801462 (d) A notice of protest is sufficient if it identifies the
18811463 protesting property owner, including a person claiming an ownership
18821464 interest in the property even if that person is not listed on the
18831465 appraisal records as an owner of the property, identifies the
18841466 property that is the subject of the protest, and indicates apparent
18851467 dissatisfaction with some determination of the appraisal office.
18861468 The notice need not be on an official form, but the comptroller
18871469 shall prescribe a form that provides for more detail about the
18881470 nature of the protest. The form must permit a property owner to
18891471 include each property in the appraisal district that is the subject
18901472 of a protest. The form must permit a property owner to request that
18911473 the protest be heard by a special panel established under Section
18921474 6.425 if the protest will be determined by an appraisal review board
1893- to which that section applies and the property is included in a
1894- classification described by Section 6.425(b). The comptroller,
1895- each appraisal office, and each appraisal review board shall make
1896- the forms readily available and deliver one to a property owner on
1897- request.
1898- SECTION 44. Section 41.45, Tax Code, is amended by amending
1475+ to which that section applies and the property is described by
1476+ Section 6.425(b). The comptroller, each appraisal office, and each
1477+ appraisal review board shall make the forms readily available and
1478+ deliver one to a property owner on request.
1479+ SECTION 37. Section 41.45, Tax Code, is amended by amending
18991480 Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to
19001481 read as follows:
19011482 (d) This subsection does not apply to a special panel
19021483 established under Section 6.425. An appraisal review board
19031484 consisting of more than three members may sit in panels of not fewer
19041485 than three members to conduct protest hearings. [However, the
19051486 determination of a protest heard by a panel must be made by the
19061487 board.] If the recommendation of a panel is not accepted by the
19071488 board, the board may refer the matter for rehearing to a panel
19081489 composed of members who did not hear the original protest [hearing]
19091490 or, if there are not at least three members who did not hear the
19101491 original protest, the board may determine the protest. [Before
19111492 determining a protest or conducting a rehearing before a new panel
19121493 or the board, the board shall deliver notice of the hearing or
19131494 meeting to determine the protest in accordance with the provisions
19141495 of this subchapter.]
19151496 (d-1) An appraisal review board to which Section 6.425
19161497 applies shall sit in special panels established under that section
19171498 to conduct protest hearings. A special panel may conduct a protest
19181499 hearing relating to property only if the property is described by
19191500 Section 6.425(b) and the property owner has requested that a
19201501 special panel conduct the hearing or if the protest is assigned to
19211502 the special panel under Section 6.425(f). If the recommendation of
19221503 a special panel is not accepted by the board, the board may refer
19231504 the matter for rehearing to another special panel composed of
19241505 members who did not hear the original protest or, if there are not
19251506 at least three other special panel members who did not hear the
19261507 original protest, the board may determine the protest.
19271508 (d-2) The determination of a protest heard by a panel under
19281509 Subsection (d) or (d-1) must be made by the board.
19291510 (d-3) The board must deliver notice of a hearing or meeting
19301511 to determine a protest heard by a panel, or to rehear a protest,
19311512 under Subsection (d) or (d-1) in accordance with the provisions of
19321513 this subchapter.
1933- SECTION 45. Section 41.46(a), Tax Code, is amended to read
1934- as follows:
1514+ SECTION 38. Section 41.46, Tax Code, is amended by amending
1515+ Subsection (a) and adding Subsection (d) to read as follows:
19351516 (a) The appraisal review board before which a protest
19361517 hearing is scheduled shall deliver written notice to the property
19371518 owner initiating a protest of the date, time, [and] place, and
19381519 subject matter of [fixed for] the hearing on the protest and of the
19391520 property owner's entitlement to a postponement of the hearing as
19401521 provided by Section 41.45 unless the property owner waives in
19411522 writing notice of the hearing. The board shall deliver the notice
19421523 not later than the 15th day before the date of the hearing.
1943- SECTION 46. Section 41.461, Tax Code, is amended to read as
1524+ (d) The appraisal review board shall deliver notice of the
1525+ hearing by certified mail if, in the notice of protest under Section
1526+ 41.44, the property owner requests delivery by certified mail. The
1527+ board shall require the property owner to pay the cost of postage
1528+ under this subsection.
1529+ SECTION 39. Section 41.461, Tax Code, is amended to read as
19441530 follows:
19451531 Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING;
19461532 DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before the
1947- first scheduled [a] hearing on a protest, the chief appraiser
1948- shall:
1533+ [a] hearing on a protest, the chief appraiser shall:
19491534 (1) deliver a copy of the pamphlet prepared by the
19501535 comptroller under Section 5.06 [5.06(a)] to the property owner
19511536 initiating the protest if the owner is representing himself, or to
19521537 an agent representing the owner if requested by the agent;
19531538 (2) inform the property owner that the owner or the
1954- agent of the owner is entitled on request to [may inspect and may
1955- obtain] a copy of the data, schedules, formulas, and all other
1956- information the chief appraiser will [plans to] introduce at the
1957- hearing to establish any matter at issue; and
1539+ agent of the owner may inspect and may obtain a copy of the data,
1540+ schedules, formulas, and all other information the chief appraiser
1541+ will [plans to] introduce at the hearing to establish any matter at
1542+ issue; and
19581543 (3) deliver a copy of the hearing procedures
19591544 established by the appraisal review board under Section 41.66 to
19601545 the property owner.
1961- (b) The chief appraiser may not charge a property owner or
1546+ (b) The chief appraiser may not charge the property owner or
19621547 the designated agent of the owner for copies provided to the [an]
19631548 owner or designated agent under this section, regardless of the
19641549 manner in which the copies are prepared or delivered [may not exceed
19651550 the charge for copies of public information as provided under
19661551 Subchapter F, Chapter 552, Government Code, except:
19671552 [(1) the total charge for copies provided in
19681553 connection with a protest of the appraisal of residential property
19691554 may not exceed $15 for each residence; and
19701555 [(2) the total charge for copies provided in
19711556 connection with a protest of the appraisal of a single unit of
19721557 property subject to appraisal, other than residential property, may
19731558 not exceed $25].
1974- (c) A chief appraiser shall deliver information requested
1975- by a property owner or the agent of the owner under Subsection
1976- (a)(2):
1977- (1) by regular first-class mail, deposited in the
1978- United States mail, postage prepaid, and addressed to the property
1979- owner or agent at the address provided in the request for the
1980- information;
1981- (2) in an electronic format as provided by an
1982- agreement under Section 1.085; or
1983- (3) subject to Subsection (d), by referring the
1984- property owner or the agent of the owner to a secure Internet
1985- website with user registration and authentication or to the exact
1986- Internet location or uniform resource locator (URL) address on an
1987- Internet website maintained by the appraisal district on which the
1988- requested information is identifiable and readily available.
1989- (d) If a chief appraiser provides a property owner or the
1990- agent of the owner information under Subsection (c)(3), the notice
1991- must contain a statement in a conspicuous font that clearly
1992- indicates that the property owner or the agent of the owner may on
1993- request receive the information by regular first-class mail or in
1994- person at the appraisal office. On request by a property owner or
1995- the agent of the owner, the chief appraiser must provide the
1996- information by regular first-class mail or in person at the
1997- appraisal office.
1998- SECTION 47. Section 41.47, Tax Code, is amended by adding
1559+ (c) The chief appraiser shall provide the property owner or
1560+ the agent of the owner access to the information to which the owner
1561+ or agent is entitled on request under Subsection (a)(2) by:
1562+ (1) depositing a copy of the information in the mail as
1563+ regular first-class mail, postage prepaid, properly addressed to
1564+ the property owner or the agent of the owner;
1565+ (2) providing a copy of the information to the
1566+ property owner or the agent of the owner if requested by the owner
1567+ or the agent in person at the appraisal office;
1568+ (3) delivering the information in an electronic format
1569+ as provided by an agreement under Section 1.085; or
1570+ (4) subject to Subsection (d), referring the property
1571+ owner or the agent of the owner to the exact Internet location or
1572+ uniform resource locator (URL) address of a secure Internet website
1573+ that provides for user registration and authentication and that is
1574+ maintained by the appraisal district on which the information is
1575+ identifiable and readily available.
1576+ (d) If the chief appraiser provides the property owner or
1577+ the agent of the owner access to information by referring the owner
1578+ or agent to an Internet website as authorized by Subsection (c)(4),
1579+ the notice referring the owner or agent to the website must contain
1580+ a statement in a conspicuous font that clearly indicates that the
1581+ owner or agent may on request receive a copy of the information by
1582+ regular first-class mail. On request of the property owner or the
1583+ agent of the owner, the chief appraiser shall deposit a copy of the
1584+ information in the mail as regular first-class mail in the manner
1585+ provided by Subsection (c)(1).
1586+ SECTION 40. Section 41.47, Tax Code, is amended by adding
19991587 Subsections (c-2) and (f) and amending Subsection (e) to read as
20001588 follows:
20011589 (c-2) The board may not determine the appraised value of the
20021590 property that is the subject of a protest to be an amount greater
20031591 than the appraised value of the property as shown in the appraisal
20041592 records submitted to the board by the chief appraiser under Section
20051593 25.22 or 25.23.
20061594 (e) The notice of the issuance of the order must contain a
20071595 prominently printed statement in upper-case bold lettering
20081596 informing the property owner in clear and concise language of the
20091597 property owner's right to appeal the order of the board [board's
20101598 decision] to district court. The statement must describe the
20111599 deadline prescribed by Section 42.06(a) [of this code] for filing a
20121600 written notice of appeal[,] and the deadline prescribed by Section
20131601 42.21(a) [of this code] for filing the petition for review with the
20141602 district court.
2015- (f) The appraisal review board shall take the actions
2016- required by Subsections (a) and (d) not later than the 15th day
2017- after the date the hearing on the protest is concluded.
2018- SECTION 48. Section 41.66, Tax Code, is amended by amending
2019- Subsections (h), (i), and (j) and adding Subsections (j-1) and (p)
2020- to read as follows:
1603+ (f) The board shall take the actions required by Subsections
1604+ (a) and (d) not later than the 20th business day after the date the
1605+ hearing on the protest is concluded.
1606+ SECTION 41. Section 41.66, Tax Code, is amended by amending
1607+ Subsections (h), (i), (j), and (k) and adding Subsections (j-1),
1608+ (k-1), and (p) to read as follows:
20211609 (h) The appraisal review board shall postpone a hearing on a
20221610 protest if the property owner or the designated agent of the owner
20231611 requests additional time to prepare for the hearing and establishes
20241612 to the board that the chief appraiser failed to comply with Section
20251613 41.461. The board is not required to postpone a hearing more than
20261614 one time under this subsection.
20271615 (i) A hearing on a protest filed by a property owner or the
20281616 designated agent of the owner [who is not represented by an agent
20291617 designated under Section 1.111] shall be set for a time and date
20301618 certain. If the hearing is not commenced within two hours of the
20311619 time set for the hearing, the appraisal review board shall postpone
20321620 the hearing on the request of the property owner or the designated
20331621 agent of the owner.
20341622 (j) On the request of a property owner or the [a] designated
20351623 agent of the owner, an appraisal review board shall schedule
20361624 hearings on protests concerning up to 20 designated properties to
20371625 be held consecutively on the same day. The designated properties
20381626 must be identified in the same notice of protest, and the notice
20391627 must contain in boldfaced type the statement "request for same-day
20401628 protest hearings." A property owner or the designated agent of the
20411629 owner may [not] file more than one request under this subsection
20421630 with the appraisal review board in the same tax year. The appraisal
20431631 review board may schedule hearings on protests concerning more than
20441632 20 properties filed by the same property owner or the designated
20451633 agent of the owner and may use different panels to conduct the
20461634 hearings based on the board's customary scheduling. The appraisal
20471635 review board may follow the practices customarily used by the board
20481636 in the scheduling of hearings under this subsection.
20491637 (j-1) An appraisal review board may schedule the hearings on
20501638 all protests filed by a property owner or the designated agent of
20511639 the owner to be held consecutively. The notice of the hearings must
20521640 state the date and time that the first hearing will begin, state the
20531641 date the last hearing will end, and list the order in which the
20541642 hearings will be held. The order of the hearings listed in the
20551643 notice may not be changed without the agreement of the property
20561644 owner or the designated agent of the owner, the chief appraiser, and
20571645 the appraisal review board. The board may not reschedule a hearing
20581646 for which notice is given under this subsection to a date earlier
20591647 than the seventh day after the date the last hearing was scheduled
20601648 to end unless agreed to by the property owner or the designated
20611649 agent of the owner, the chief appraiser, and the appraisal review
20621650 board. Unless agreed to by the parties, the board must provide
20631651 written notice of the date and time of the rescheduled hearing to
20641652 the property owner or the designated agent of the owner not later
20651653 than the seventh day before the date of the hearing.
2066- (p) At the end of a hearing on a protest, the appraisal
2067- review board shall provide the property owner or the designated
2068- agent of the owner one or more documents indicating that the members
2069- of the board hearing the protest signed the affidavit required by
2070- Subsection (g).
2071- SECTION 49. Section 41.66, Tax Code, is amended by amending
2072- Subsection (k) and adding Subsection (k-1) to read as follows:
20731654 (k) This subsection does not apply to a special panel
20741655 established under Section 6.425. If an appraisal review board sits
20751656 in panels to conduct protest hearings, protests shall be randomly
20761657 assigned to panels, except that the board may consider the type of
20771658 property subject to the protest or the ground of the protest for the
20781659 purpose of using the expertise of a particular panel in hearing
20791660 protests regarding particular types of property or based on
20801661 particular grounds. If a protest is scheduled to be heard by a
20811662 particular panel, the protest may not be reassigned to another
20821663 panel without the consent of the property owner or designated
20831664 agent. If the appraisal review board has cause to reassign a
20841665 protest to another panel, a property owner or designated agent may
20851666 agree to reassignment of the protest or may request that the hearing
20861667 on the protest be postponed. The board shall postpone the hearing
20871668 on that request. A change of members of a panel because of a
20881669 conflict of interest, illness, or inability to continue
20891670 participating in hearings for the remainder of the day does not
20901671 constitute reassignment of a protest to another panel.
20911672 (k-1) On the request of a property owner, an appraisal
20921673 review board to which Section 6.425 applies shall assign a protest
20931674 relating to property described by Section 6.425(b) to a special
20941675 panel. In addition, the chairman of the appraisal review board may
20951676 assign a protest relating to property not described by Section
20961677 6.425(b) to a special panel as authorized by Section 6.425(f).
20971678 Protests assigned to special panels shall be randomly assigned to
20981679 those panels. If a protest is scheduled to be heard by a particular
20991680 special panel, the protest may not be reassigned to another special
21001681 panel without the consent of the property owner or designated
21011682 agent. If the board has cause to reassign a protest to another
21021683 special panel, a property owner or designated agent may agree to
21031684 reassignment of the protest or may request that the hearing on the
21041685 protest be postponed. The board shall postpone the hearing on that
21051686 request. A change of members of a special panel because of a
21061687 conflict of interest, illness, or inability to continue
21071688 participating in hearings for the remainder of the day does not
21081689 constitute reassignment of a protest to another special panel.
2109- SECTION 50. Section 41.67(d), Tax Code, is amended to read
2110- as follows:
2111- (d) Information that was previously requested under Section
2112- 41.461 by the protesting party that was not delivered [made
2113- available] to the protesting party at least 14 days before the
2114- scheduled or postponed hearing may not be used or offered in any
2115- form as evidence in the hearing, including as a document or through
2116- argument or testimony.
2117- SECTION 51. Section 41.71, Tax Code, is amended to read as
1690+ (p) At the end of a hearing on a protest, the appraisal
1691+ review board shall provide the property owner or the designated
1692+ agent of the owner one or more documents indicating that the members
1693+ of the board hearing the protest signed the affidavit required by
1694+ Subsection (g).
1695+ SECTION 42. Section 41.71, Tax Code, is amended to read as
21181696 follows:
21191697 Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An
21201698 appraisal review board by rule shall provide for hearings on
21211699 protests [in the evening or] on a Saturday or after 5 p.m. on a
21221700 weekday [Sunday].
21231701 (b) The board may not schedule:
21241702 (1) the first hearing on a protest held on a weekday
21251703 evening to begin after 7 p.m.; or
21261704 (2) a hearing on a protest on a Sunday.
2127- SECTION 52. Section 41A.06(b), Tax Code, as effective
1705+ SECTION 43. Section 41A.06(b), Tax Code, as effective
21281706 September 1, 2017, is amended to read as follows:
21291707 (b) To initially qualify to serve as an arbitrator under
21301708 this chapter, a person must:
21311709 (1) meet the following requirements, as applicable:
21321710 (A) be licensed as an attorney in this state; or
21331711 (B) have:
21341712 (i) completed at least 30 hours of training
21351713 in arbitration and alternative dispute resolution procedures from a
21361714 university, college, or legal or real estate trade association; and
21371715 (ii) been licensed or certified
21381716 continuously during the five years preceding the date the person
21391717 agrees to serve as an arbitrator as:
21401718 (a) a real estate broker or sales
21411719 agent under Chapter 1101, Occupations Code;
21421720 (b) a real estate appraiser under
21431721 Chapter 1103, Occupations Code; or
21441722 (c) a certified public accountant
21451723 under Chapter 901, Occupations Code; [and]
21461724 (2) complete the course for training and education of
21471725 appraisal review board members established under Section 5.041 and
21481726 be issued a certificate indicating course completion;
21491727 (3) complete the training program on property tax law
21501728 for the training and education of arbitrators established under
21511729 Section 5.043; and
21521730 (4) agree to conduct an arbitration for a fee that is
21531731 not more than:
21541732 (A) $400, if the property qualifies as the
21551733 owner's residence homestead under Section 11.13 and the appraised
21561734 or market value, as applicable, of the property is $500,000 or less,
21571735 as determined by the order;
21581736 (B) $450, if the property qualifies as the
21591737 owner's residence homestead under Section 11.13 and the appraised
21601738 or market value, as applicable, of the property is more than
21611739 $500,000, as determined by the order;
21621740 (C) $450, if the property does not qualify as the
21631741 owner's residence homestead under Section 11.13 and the appraised
21641742 or market value, as applicable, of the property is $1 million or
21651743 less, as determined by the order;
21661744 (D) $750, if the property does not qualify as the
21671745 owner's residence homestead under Section 11.13 and the appraised
21681746 or market value, as applicable, of the property is more than $1
21691747 million but not more than $2 million, as determined by the order;
21701748 (E) $1,000, if the property does not qualify as
21711749 the owner's residence homestead under Section 11.13 and the
21721750 appraised or market value, as applicable, of the property is more
21731751 than $2 million but not more than $3 million, as determined by the
21741752 order; or
21751753 (F) $1,500, if the property does not qualify as
21761754 the owner's residence homestead under Section 11.13 and the
21771755 appraised or market value, as applicable, of the property is more
21781756 than $3 million but not more than $5 million, as determined by the
21791757 order.
2180- SECTION 53. Section 41A.061(b), Tax Code, is amended to
1758+ SECTION 44. Section 41A.061(b), Tax Code, is amended to
21811759 read as follows:
21821760 (b) To renew the person's agreement to serve as an
21831761 arbitrator, the person must:
21841762 (1) file a renewal application with the comptroller at
21851763 the time and in the manner prescribed by the comptroller;
21861764 (2) continue to meet the requirements provided by
21871765 Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; and
21881766 (3) during the preceding two years have completed at
21891767 least eight hours of continuing education in arbitration and
21901768 alternative dispute resolution procedures offered by a university,
21911769 college, real estate trade association, or legal association.
2192- SECTION 54. Sections 41A.07(e), (f), and (g), Tax Code, as
2193- effective September 1, 2017, are amended to read as follows:
2194- (e) To be eligible for appointment as an arbitrator under
2195- this section [Subsection (a)], the arbitrator must reside[:
2196- [(1) in the county in which the property that is the
2197- subject of the appeal is located; or
2198- [(2)] in this state [if no available arbitrator on the
2199- registry resides in that county].
2200- (f) A person is not eligible for appointment as an
2201- arbitrator under this section [Subsection (a)] if at any time
2202- during the preceding five years, the person has:
2203- (1) represented a person for compensation in a
2204- proceeding under this title in the appraisal district in which the
2205- property that is the subject of the appeal is located;
2206- (2) served as an officer or employee of that appraisal
2207- district; or
2208- (3) served as a member of the appraisal review board
2209- for that appraisal district.
2210- (g) The comptroller may not appoint an arbitrator under this
2211- section [Subsection (a)] if the comptroller determines that there
2212- is good cause not to appoint the arbitrator, including information
2213- or evidence indicating repeated bias or misconduct by the person
2214- while acting as an arbitrator.
2215- SECTION 55. Section 41A.07, Tax Code, is amended by adding
2216- Subsection (h) to read as follows:
2217- (h) A property owner may request that, in appointing an
2218- initial arbitrator under this section, the comptroller appoint an
2219- arbitrator who resides in the county in which the property that is
2220- the subject of the appeal is located or an arbitrator who resides
2221- outside that county. In appointing an initial arbitrator under
2222- Subsection (a), the comptroller shall comply with the request of
2223- the property owner unless the property owner requests that the
2224- comptroller appoint an arbitrator who resides in the county in
2225- which the property that is the subject of the appeal is located and
2226- there is not an available arbitrator who resides in that county. In
2227- appointing a substitute arbitrator under Subsection (d), the
2228- comptroller shall consider but is not required to comply with the
2229- request of the property owner. This subsection does not authorize a
2230- property owner to request the appointment of a specific individual
2231- as an arbitrator.
2232- SECTION 56. Section 41A.09(b), Tax Code, is amended to read
1770+ SECTION 45. Section 41A.09(b), Tax Code, is amended to read
22331771 as follows:
22341772 (b) An award under this section:
22351773 (1) must include a determination of the appraised or
22361774 market value, as applicable, of the property that is the subject of
22371775 the appeal;
22381776 (2) may include any remedy or relief a court may order
22391777 under Chapter 42 in an appeal relating to the appraised or market
22401778 value of property;
22411779 (3) shall specify the arbitrator's fee, which may not
22421780 exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)];
22431781 (4) is final and may not be appealed except as
22441782 permitted under Section 171.088, Civil Practice and Remedies Code,
22451783 for an award subject to that section; and
22461784 (5) may be enforced in the manner provided by
22471785 Subchapter D, Chapter 171, Civil Practice and Remedies Code.
2248- SECTION 57. Section 45.105(e), Education Code, is amended
1786+ SECTION 46. Section 45.105(e), Education Code, is amended
22491787 to read as follows:
22501788 (e) The governing body of an independent school district
22511789 that governs a junior college district under Subchapter B, Chapter
22521790 130, in a county with a population of more than two million may
22531791 dedicate a specific percentage of the local tax levy to the use of
22541792 the junior college district for facilities and equipment or for the
22551793 maintenance and operating expenses of the junior college district.
22561794 To be effective, the dedication must be made by the governing body
22571795 on or before the date on which the governing body adopts its tax
22581796 rate for a year. The amount of local tax funds derived from the
22591797 percentage of the local tax levy dedicated to a junior college
22601798 district from a tax levy may not exceed the amount that would be
2261- levied by five percent of the equivalent [effective] tax rate for
2262- the tax year calculated as provided by Section 26.04, Tax Code, on
2263- all property taxable by the school district. All real property
1799+ levied by five percent of the no-new-revenue [effective] tax rate
1800+ for the tax year calculated as provided by Section 26.04, Tax Code,
1801+ on all property taxable by the school district. All real property
22641802 purchased with these funds is the property of the school district,
22651803 but is subject to the exclusive control of the governing body of the
22661804 junior college district for as long as the junior college district
22671805 uses the property for educational purposes.
2268- SECTION 58. Section 130.016(b), Education Code, is amended
2269- to read as follows:
2270- (b) If the board of trustees of an independent school
2271- district that divests itself of the management, control, and
2272- operation of a junior college district under this section or under
2273- Section 130.017 [of this code] was authorized by [Subsection (e)
2274- of] Section 45.105(e) or under former Section 20.48(e) [20.48 of
2275- this code] to dedicate a portion of its tax levy to the junior
2276- college district before the divestment, the junior college district
2277- may levy an ad valorem tax from and after the divestment. In the
2278- first two years in which the junior college district levies an ad
2279- valorem tax, the tax rate adopted by the governing body may not
2280- exceed the rate that, if applied to the total taxable value
2281- submitted to the governing body under Section 26.04, Tax Code,
2282- would impose an amount equal to the amount of taxes of the school
2283- district dedicated to the junior college under [Subsection (e) of]
2284- Section 45.105(e) or former Section 20.48(e) [20.48 of this code]
2285- in the last dedication before the divestment. In subsequent years,
2286- the tax rate of the junior college district is subject to Section
2287- 26.07, Tax Code.
2288- SECTION 59. Section 403.302(o), Government Code, is amended
1806+ SECTION 47. Section 403.302(o), Government Code, is amended
22891807 to read as follows:
22901808 (o) The comptroller shall adopt rules governing the conduct
22911809 of the study after consultation with the comptroller's property tax
22921810 administration advisory board [Comptroller's Property Value Study
22931811 Advisory Committee].
2294- SECTION 60. Section 102.007(d), Local Government Code, is
1812+ SECTION 48. Section 102.007(d), Local Government Code, is
22951813 amended to read as follows:
22961814 (d) An adopted budget must contain a cover page that
22971815 includes:
22981816 (1) one of the following statements in 18-point or
22991817 larger type that accurately describes the adopted budget:
23001818 (A) "This budget will raise more revenue from
23011819 property taxes than last year's budget by an amount of (insert total
23021820 dollar amount of increase), which is a (insert percentage increase)
23031821 percent increase from last year's budget. The property tax revenue
23041822 to be raised from new property added to the tax roll this year is
23051823 (insert amount computed by multiplying the proposed tax rate by the
23061824 value of new property added to the roll).";
23071825 (B) "This budget will raise less revenue from
23081826 property taxes than last year's budget by an amount of (insert total
23091827 dollar amount of decrease), which is a (insert percentage decrease)
23101828 percent decrease from last year's budget. The property tax revenue
23111829 to be raised from new property added to the tax roll this year is
23121830 (insert amount computed by multiplying the proposed tax rate by the
23131831 value of new property added to the roll)."; or
23141832 (C) "This budget will raise the same amount of
2315- revenue from property taxes as last year's budget. The property tax
2316- revenue to be raised from new property added to the tax roll this
2317- year is (insert amount computed by multiplying the proposed tax
2318- rate by the value of new property added to the roll).";
1833+ revenue from property taxes as last year's budget. The property
1834+ tax revenue to be raised from new property added to the tax roll
1835+ this year is (insert amount computed by multiplying the proposed
1836+ tax rate by the value of new property added to the roll).";
23191837 (2) the record vote of each member of the governing
23201838 body by name voting on the adoption of the budget;
23211839 (3) the municipal property tax rates for the preceding
23221840 fiscal year, and each municipal property tax rate that has been
23231841 adopted or calculated for the current fiscal year, including:
23241842 (A) the property tax rate;
2325- (B) the equivalent [effective] tax rate;
2326- (C) the equivalent [effective] maintenance and
2327- operations tax rate;
1843+ (B) the no-new-revenue [effective] tax rate;
1844+ (C) the no-new-revenue [effective] maintenance
1845+ and operations tax rate;
23281846 (D) the rollback tax rate; and
23291847 (E) the debt rate; and
23301848 (4) the total amount of municipal debt obligations.
2331- SECTION 61. Section 111.008(d), Local Government Code, is
1849+ SECTION 49. Section 111.008(d), Local Government Code, is
23321850 amended to read as follows:
23331851 (d) An adopted budget must contain a cover page that
23341852 includes:
23351853 (1) one of the following statements in 18-point or
23361854 larger type that accurately describes the adopted budget:
23371855 (A) "This budget will raise more revenue from
23381856 property taxes than last year's budget by an amount of (insert total
23391857 dollar amount of increase), which is a (insert percentage increase)
23401858 percent increase from last year's budget. The property tax revenue
23411859 to be raised from new property added to the tax roll this year is
23421860 (insert amount computed by multiplying the proposed tax rate by the
23431861 value of new property added to the roll).";
23441862 (B) "This budget will raise less revenue from
23451863 property taxes than last year's budget by an amount of (insert total
23461864 dollar amount of decrease), which is a (insert percentage decrease)
23471865 percent decrease from last year's budget. The property tax revenue
23481866 to be raised from new property added to the tax roll this year is
23491867 (insert amount computed by multiplying the proposed tax rate by the
23501868 value of new property added to the roll)."; or
23511869 (C) "This budget will raise the same amount of
2352- revenue from property taxes as last year's budget. The property tax
2353- revenue to be raised from new property added to the tax roll this
2354- year is (insert amount computed by multiplying the proposed tax
2355- rate by the value of new property added to the roll).";
1870+ revenue from property taxes as last year's budget. The property
1871+ tax revenue to be raised from new property added to the tax roll
1872+ this year is (insert amount computed by multiplying the proposed
1873+ tax rate by the value of new property added to the roll).";
23561874 (2) the record vote of each member of the
23571875 commissioners court by name voting on the adoption of the budget;
23581876 (3) the county property tax rates for the preceding
23591877 fiscal year, and each county property tax rate that has been adopted
23601878 or calculated for the current fiscal year, including:
23611879 (A) the property tax rate;
2362- (B) the equivalent [effective] tax rate;
2363- (C) the equivalent [effective] maintenance and
2364- operations tax rate;
1880+ (B) the no-new-revenue [effective] tax rate;
1881+ (C) the no-new-revenue [effective] maintenance
1882+ and operations tax rate;
23651883 (D) the rollback tax rate; and
23661884 (E) the debt rate; and
23671885 (4) the total amount of county debt obligations.
2368- SECTION 62. Section 111.039(d), Local Government Code, is
1886+ SECTION 50. Section 111.039(d), Local Government Code, is
23691887 amended to read as follows:
23701888 (d) An adopted budget must contain a cover page that
23711889 includes:
23721890 (1) one of the following statements in 18-point or
23731891 larger type that accurately describes the adopted budget:
23741892 (A) "This budget will raise more revenue from
23751893 property taxes than last year's budget by an amount of (insert total
23761894 dollar amount of increase), which is a (insert percentage increase)
23771895 percent increase from last year's budget. The property tax revenue
23781896 to be raised from new property added to the tax roll this year is
23791897 (insert amount computed by multiplying the proposed tax rate by the
23801898 value of new property added to the roll).";
23811899 (B) "This budget will raise less revenue from
23821900 property taxes than last year's budget by an amount of (insert total
23831901 dollar amount of decrease), which is a (insert percentage decrease)
23841902 percent decrease from last year's budget. The property tax revenue
23851903 to be raised from new property added to the tax roll this year is
23861904 (insert amount computed by multiplying the proposed tax rate by the
23871905 value of new property added to the roll)."; or
23881906 (C) "This budget will raise the same amount of
2389- revenue from property taxes as last year's budget. The property tax
2390- revenue to be raised from new property added to the tax roll this
2391- year is (insert amount computed by multiplying the proposed tax
2392- rate by the value of new property added to the roll).";
1907+ revenue from property taxes as last year's budget. The property
1908+ tax revenue to be raised from new property added to the tax roll
1909+ this year is (insert amount computed by multiplying the proposed
1910+ tax rate by the value of new property added to the roll).";
23931911 (2) the record vote of each member of the
23941912 commissioners court by name voting on the adoption of the budget;
23951913 (3) the county property tax rates for the preceding
23961914 fiscal year, and each county property tax rate that has been adopted
23971915 or calculated for the current fiscal year, including:
23981916 (A) the property tax rate;
2399- (B) the equivalent [effective] tax rate;
2400- (C) the equivalent [effective] maintenance and
2401- operations tax rate;
1917+ (B) the no-new-revenue [effective] tax rate;
1918+ (C) the no-new-revenue [effective] maintenance
1919+ and operations tax rate;
24021920 (D) the rollback tax rate; and
24031921 (E) the debt rate; and
24041922 (4) the total amount of county debt obligations.
2405- SECTION 63. Section 111.068(c), Local Government Code, is
1923+ SECTION 51. Section 111.068(c), Local Government Code, is
24061924 amended to read as follows:
24071925 (c) An adopted budget must contain a cover page that
24081926 includes:
24091927 (1) one of the following statements in 18-point or
24101928 larger type that accurately describes the adopted budget:
24111929 (A) "This budget will raise more revenue from
24121930 property taxes than last year's budget by an amount of (insert total
24131931 dollar amount of increase), which is a (insert percentage increase)
24141932 percent increase from last year's budget. The property tax revenue
24151933 to be raised from new property added to the tax roll this year is
24161934 (insert amount computed by multiplying the proposed tax rate by the
24171935 value of new property added to the roll).";
24181936 (B) "This budget will raise less revenue from
24191937 property taxes than last year's budget by an amount of (insert total
24201938 dollar amount of decrease), which is a (insert percentage decrease)
24211939 percent decrease from last year's budget. The property tax revenue
24221940 to be raised from new property added to the tax roll this year is
24231941 (insert amount computed by multiplying the proposed tax rate by the
24241942 value of new property added to the roll)."; or
24251943 (C) "This budget will raise the same amount of
2426- revenue from property taxes as last year's budget. The property tax
2427- revenue to be raised from new property added to the tax roll this
2428- year is (insert amount computed by multiplying the proposed tax
2429- rate by the value of new property added to the roll).";
1944+ revenue from property taxes as last year's budget. The property
1945+ tax revenue to be raised from new property added to the tax roll
1946+ this year is (insert amount computed by multiplying the proposed
1947+ tax rate by the value of new property added to the roll).";
24301948 (2) the record vote of each member of the
24311949 commissioners court by name voting on the adoption of the budget;
24321950 (3) the county property tax rates for the preceding
24331951 fiscal year, and each county property tax rate that has been adopted
24341952 or calculated for the current fiscal year, including:
24351953 (A) the property tax rate;
2436- (B) the equivalent [effective] tax rate;
2437- (C) the equivalent [effective] maintenance and
2438- operations tax rate;
1954+ (B) the no-new-revenue [effective] tax rate;
1955+ (C) the no-new-revenue [effective] maintenance
1956+ and operations tax rate;
24391957 (D) the rollback tax rate; and
24401958 (E) the debt rate; and
24411959 (4) the total amount of county debt obligations.
2442- SECTION 64. Section 8876.152, Special District Local Laws
2443- Code, is amended to read as follows:
2444- Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
2445- (a) Sections 26.04, 26.05, 26.06, 26.061, and 26.07, Tax Code, do
2446- not apply to a tax imposed by the district.
1960+ SECTION 52. Sections 140.010(a), (d), (e), and (f), Local
1961+ Government Code, are amended to read as follows:
1962+ (a) In this section, "no-new-revenue [effective] tax rate"
1963+ and "rollback tax rate" mean the no-new-revenue [effective] tax
1964+ rate and rollback tax rate of a county or municipality, as
1965+ applicable, as calculated under Chapter 26, Tax Code.
1966+ (d) A county or municipality that proposes a property tax
1967+ rate that does not exceed the lower of the no-new-revenue
1968+ [effective] tax rate or the rollback tax rate shall provide the
1969+ following notice:
1970+ "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
1971+ RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
1972+ "A tax rate of $______ per $100 valuation has been proposed by the
1973+ governing body of (insert name of county or municipality).
1974+ PROPOSED TAX RATE $______ per $100
1975+ PRECEDING YEAR'S TAX RATE $______ per $100
1976+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE $______ per $100
1977+ "The no-new-revenue [effective] tax rate is the total tax rate
1978+ needed to raise the same amount of property tax revenue for (insert
1979+ name of county or municipality) from the same properties in both the
1980+ (insert preceding tax year) tax year and the (insert current tax
1981+ year) tax year.
1982+ "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
1983+ FOLLOWS:
1984+ property tax amount = (rate) x (taxable value of your property) /
1985+ 100
1986+ "For assistance or detailed information about tax calculations,
1987+ please contact:
1988+ (insert name of county or municipal tax assessor-collector)
1989+ (insert name of county or municipality) tax
1990+ assessor-collector
1991+ (insert address)
1992+ (insert telephone number)
1993+ (insert e-mail address)
1994+ (insert Internet website address[, if applicable])"
1995+ (e) A county or municipality that proposes a property tax
1996+ rate that exceeds the lower of the no-new-revenue [effective] tax
1997+ rate or the rollback tax rate shall provide the following notice:
1998+ "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
1999+ RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
2000+ "A tax rate of $_____ per $100 valuation has been proposed for
2001+ adoption by the governing body of (insert name of county or
2002+ municipality). This rate exceeds the lower of the no-new-revenue
2003+ [effective] or rollback tax rate, and state law requires that two
2004+ public hearings be held by the governing body before adopting the
2005+ proposed tax rate. The governing body of (insert name of county or
2006+ municipality) proposes to use revenue attributable to the tax rate
2007+ increase for the purpose of (description of purpose of increase).
2008+ PROPOSED TAX RATE$______ per $100
2009+ PRECEDING YEAR'S TAX RATE$______ per $100
2010+ NO-NEW-REVENUE [EFFECTIVE] TAX RATE$______ per $100
2011+ ROLLBACK TAX RATE$______ per $100
2012+ "The no-new-revenue [effective] tax rate is the total tax rate
2013+ needed to raise the same amount of property tax revenue for (insert
2014+ name of county or municipality) from the same properties in both the
2015+ (insert preceding tax year) tax year and the (insert current tax
2016+ year) tax year.
2017+ "The rollback tax rate is the highest tax rate that (insert name of
2018+ county or municipality) may adopt before the voters are entitled to
2019+ petition for an election to limit the rate that may be approved to
2020+ the rollback tax rate.
2021+ "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
2022+ FOLLOWS:
2023+ property tax amount = (rate) x (taxable value of your property) /
2024+ 100
2025+ "For assistance or detailed information about tax calculations,
2026+ please contact:
2027+ (insert name of county or municipal tax assessor-collector)
2028+ (insert name of county or municipality) tax
2029+ assessor-collector
2030+ (insert address)
2031+ (insert telephone number)
2032+ (insert e-mail address)
2033+ (insert Internet website address[, if applicable])
2034+ "You are urged to attend and express your views at the following
2035+ public hearings on the proposed tax rate:
2036+ First Hearing: (insert date and time) at (insert location of
2037+ meeting).
2038+ Second Hearing: (insert date and time) at (insert location
2039+ of meeting)."
2040+ (f) A county or municipality shall:
2041+ (1) provide the notice required by Subsection (d) or
2042+ (e), as applicable, not later than the later of September 1 or the
2043+ 30th day after the first date that the taxing unit has received each
2044+ applicable certified appraisal roll by:
2045+ (A) publishing the notice in a newspaper having
2046+ general circulation in:
2047+ (i) the county, in the case of notice
2048+ published by a county; or
2049+ (ii) the county in which the municipality
2050+ is located or primarily located, in the case of notice published by
2051+ a municipality; or
2052+ (B) mailing the notice to each property owner in:
2053+ (i) the county, in the case of notice
2054+ provided by a county; or
2055+ (ii) the municipality, in the case of
2056+ notice provided by a municipality; and
2057+ (2) post the notice prominently on the home page of the
2058+ Internet website of the county or municipality[, if applicable,]
2059+ beginning not later than the later of September 1 or the 30th day
2060+ after the first date that the taxing unit has received each
2061+ applicable certified appraisal roll and continuing until the county
2062+ or municipality adopts a tax rate.
2063+ SECTION 53. Section 8876.152(b), Special District Local
2064+ Laws Code, is amended to read as follows:
24472065 (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236],
24482066 Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
24492067 78th Legislature, Regular Session, 2003, applies] to the district.
2450- SECTION 65. Section 49.107(g), Water Code, is amended to
2451- read as follows:
2452- (g) Sections 26.04, 26.05, 26.061, and 26.07, Tax Code, do
2453- not apply to a tax levied and collected under this section or an ad
2454- valorem tax levied and collected for the payment of the interest on
2455- and principal of bonds issued by a district.
2456- SECTION 66. Section 49.108(f), Water Code, is amended to
2457- read as follows:
2458- (f) Sections 26.04, 26.05, 26.061, and 26.07, Tax Code, do
2459- not apply to a tax levied and collected for payments made under a
2460- contract approved in accordance with this section.
2461- SECTION 67. Sections 49.236(a) and (d), Water Code, as
2462- added by Chapter 335 (S.B. 392), Acts of the 78th Legislature,
2463- Regular Session, 2003, are amended to read as follows:
2068+ SECTION 54. Section 49.236(a), Water Code, as added by
2069+ Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular
2070+ Session, 2003, is amended to read as follows:
24642071 (a) Before the board adopts an ad valorem tax rate for the
24652072 district for debt service, operation and maintenance purposes, or
24662073 contract purposes, the board shall give notice of each meeting of
24672074 the board at which the adoption of a tax rate will be considered.
24682075 The notice must:
24692076 (1) contain a statement in substantially the following
24702077 form:
24712078 "NOTICE OF PUBLIC HEARING ON TAX RATE
24722079 "The (name of the district) will hold a public hearing on a
24732080 proposed tax rate for the tax year (year of tax levy) on (date and
24742081 time) at (meeting place). Your individual taxes may increase at a
24752082 greater or lesser rate, or even decrease, depending on the tax rate
24762083 that is adopted and on the change in the taxable value of your
24772084 property in relation to the change in taxable value of all other
24782085 property [and the tax rate that is adopted]. The change in the
24792086 taxable value of your property in relation to the change in the
24802087 taxable value of all other property determines the distribution of
24812088 the tax burden among all property owners.
24822089 "(Names of all board members and, if a vote was taken, an
24832090 indication of how each voted on the proposed tax rate and an
24842091 indication of any absences.)";
24852092 (2) contain the following information:
24862093 (A) the district's total adopted tax rate for the
24872094 preceding year and the proposed tax rate, expressed as an amount per
24882095 $100;
24892096 (B) the difference, expressed as an amount per
24902097 $100 and as a percent increase or decrease, as applicable, in the
24912098 proposed tax rate compared to the adopted tax rate for the preceding
24922099 year;
24932100 (C) the average appraised value of a residence
24942101 homestead in the district in the preceding year and in the current
24952102 year; the district's total homestead exemption, other than an
24962103 exemption available only to disabled persons or persons 65 years of
24972104 age or older, applicable to that appraised value in each of those
2498- years; and the average taxable value of a residence homestead in the
2499- district in each of those years, disregarding any homestead
2105+ years; and the average taxable value of a residence homestead in
2106+ the district in each of those years, disregarding any homestead
25002107 exemption available only to disabled persons or persons 65 years of
25012108 age or older;
25022109 (D) the amount of tax that would have been
25032110 imposed by the district in the preceding year on a residence
25042111 homestead appraised at the average appraised value of a residence
25052112 homestead in that year, disregarding any homestead exemption
25062113 available only to disabled persons or persons 65 years of age or
25072114 older;
25082115 (E) the amount of tax that would be imposed by the
25092116 district in the current year on a residence homestead appraised at
25102117 the average appraised value of a residence homestead in that year,
25112118 disregarding any homestead exemption available only to disabled
25122119 persons or persons 65 years of age or older, if the proposed tax
25132120 rate is adopted; [and]
25142121 (F) the difference between the amounts of tax
25152122 calculated under Paragraphs (D) and (E), expressed in dollars and
25162123 cents and described as the annual percentage increase or decrease,
25172124 as applicable, in the tax to be imposed by the district on the
25182125 average residence homestead in the district in the current year if
25192126 the proposed tax rate is adopted; and
25202127 (G) if the proposed combined debt service,
2521- operation and maintenance, and contract tax rate exceeds the
2522- rollback tax rate, a description of the purpose of the proposed tax
2523- increase; and
2128+ operation and maintenance, and contract tax rate would authorize
2129+ the qualified voters of the district by petition to require a
2130+ rollback election to be held in the district, a description of the
2131+ purpose of the proposed tax increase; and
25242132 (3) contain a statement in substantially the following
25252133 form:
25262134 "NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION
2527- "If operation and maintenance taxes on the average residence
2528- homestead increase by more than eight percent, the qualified voters
2529- of the district by petition may require that an election be held to
2530- determine whether to reduce the [operation and maintenance] tax
2531- rate to the rollback tax rate under Section 49.236(d), Water Code."
2532- (d) If the governing body of a district adopts a combined
2533- debt service, operation and maintenance, and contract tax rate that
2534- exceeds the rollback tax rate [would impose more than 1.08 times the
2535- amount of tax imposed by the district in the preceding year on a
2536- residence homestead appraised at the average appraised value of a
2537- residence homestead in the district in that year, disregarding any
2538- homestead exemption available only to disabled persons or persons
2539- 65 years of age or older], the qualified voters of the district by
2135+ "If taxes on the average residence homestead increase by more
2136+ than eight percent, the qualified voters of the district by
25402137 petition may require that an election be held to determine whether
2541- [or not] to reduce the tax rate adopted for the current year to the
2542- rollback tax rate in accordance with the procedures provided by
2543- Sections 26.07(b)-(g) and 26.081, Tax Code. For purposes of
2544- Sections 26.07(b)-(g), Tax Code, and this section [subsection], the
2545- rollback tax rate is the sum of the following tax rates:
2546- (1) the current year's debt service tax rate;
2547- (2) the current year's [and] contract tax rate; and
2548- (3) [rates plus] the operation and maintenance tax
2549- rate that would impose 1.08 times the amount of the operation and
2550- maintenance tax imposed by the district in the preceding year on a
2551- residence homestead appraised at the average appraised value of a
2552- residence homestead in the district in that year, disregarding any
2553- homestead exemption available only to disabled persons or persons
2554- 65 years of age or older.
2555- SECTION 68. The following provisions are repealed:
2138+ to reduce the operation and maintenance tax rate to the rollback tax
2139+ rate under Section 49.236(d), Water Code."
2140+ SECTION 55. The following provisions are repealed:
25562141 (1) Sections 403.302(m-1) and (n), Government Code;
2557- (2) Section 140.010, Local Government Code;
2558- (3) Sections 5.103(e) and (f), Tax Code;
2559- (4) Section 6.412(e), Tax Code;
2142+ (2) Sections 5.103(e) and (f), Tax Code;
2143+ (3) Section 6.412(e), Tax Code;
2144+ (4) Section 41A.06(c), Tax Code;
25602145 (5) Section 49.236, Water Code, as added by Chapter
25612146 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session,
25622147 2003; and
25632148 (6) Section 49.2361, Water Code.
2564- SECTION 69. Section 5.041, Tax Code, as amended by this Act,
2149+ SECTION 56. Section 5.041, Tax Code, as amended by this Act,
25652150 applies only to an appraisal review board member appointed to serve
25662151 a term of office that begins on or after January 1, 2018.
2567- SECTION 70. The comptroller shall implement Section 5.043,
2152+ SECTION 57. The comptroller shall implement Section 5.043,
25682153 Tax Code, as added by this Act, as soon as practicable after January
25692154 1, 2018.
2570- SECTION 71. Sections 5.05, 5.102, 5.13, and 23.01, Tax
2571- Code, as amended by this Act, apply only to the appraisal of
2572- property for ad valorem tax purposes for a tax year beginning on or
2573- after January 1, 2018.
2574- SECTION 72. (a) The comptroller shall comply with Sections
2155+ SECTION 58. (a) The comptroller shall comply with Sections
25752156 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon
25762157 as practicable after January 1, 2018.
25772158 (b) The comptroller shall comply with Section 5.091, Tax
2578- Code, as amended by this Act, not later than January 1, 2019.
2579- SECTION 73. The comptroller shall prepare and make
2159+ Code, as amended by this Act, not later than January 1, 2021.
2160+ SECTION 59. The comptroller shall prepare and make
25802161 available the survey form and instructions for completing and
25812162 submitting the form required by Section 5.104, Tax Code, as added by
25822163 this Act, as soon as practicable after January 1, 2018. An
25832164 appraisal district is not required to provide the survey form or
25842165 instructions under a requirement of that section until the form and
25852166 instructions are prepared and made available by the comptroller.
2586- SECTION 74. Section 6.41(d-9), Tax Code, as amended by this
2167+ SECTION 60. Section 6.41(d-9), Tax Code, as amended by this
25872168 Act, applies only to the appointment of appraisal review board
25882169 members to terms beginning on or after January 1, 2019.
2589- SECTION 75. Section 6.412, Tax Code, as amended by this Act,
2170+ SECTION 61. Section 6.412, Tax Code, as amended by this Act,
25902171 does not affect the eligibility of a person serving on an appraisal
25912172 review board immediately before January 1, 2018, to continue to
25922173 serve on the board for the term to which the member was appointed.
2593- SECTION 76. Section 6.42(d), Tax Code, as added by this Act,
2174+ SECTION 62. Section 6.42(d), Tax Code, as added by this Act,
25942175 applies only to a recommendation, determination, decision, or other
25952176 action by an appraisal review board or a panel of such a board on or
25962177 after January 1, 2018. A recommendation, determination, decision,
25972178 or other action by an appraisal review board or a panel of such a
25982179 board before January 1, 2018, is governed by the law as it existed
25992180 immediately before that date, and that law is continued in effect
26002181 for that purpose.
2601- SECTION 77. (a) An appraisal district established in a
2182+ SECTION 63. Section 25.215, Tax Code, as added by this Act,
2183+ applies only to a tax year that begins on or after January 1, 2018.
2184+ SECTION 64. (a) An appraisal district established in a
26022185 county with a population of 120,000 or more and each taxing unit
26032186 located wholly or partly in such an appraisal district shall comply
26042187 with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18,
26052188 Tax Code, as added by this Act, beginning with the 2019 tax year.
26062189 (b) An appraisal district established in a county with a
26072190 population of less than 120,000 and each taxing unit located wholly
26082191 in such an appraisal district shall comply with Sections
26092192 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as
26102193 added by this Act, beginning with the 2020 tax year.
2611- SECTION 78. Not later than the 30th day after the effective
2612- date of this section:
2613- (1) the designated officer or employee of each taxing
2614- unit shall submit to the county assessor-collector for each county
2615- in which all or part of the territory of the taxing unit is located
2616- the worksheets used by the designated officer or employee to
2617- calculate the effective and rollback tax rates of the unit for the
2618- 2013-2017 tax years; and
2619- (2) the county assessor-collector for each county
2620- shall post the worksheets submitted to the county
2621- assessor-collector under Subdivision (1) of this section on the
2622- Internet website of the county.
2623- SECTION 79. A taxing unit that does not own, operate, or
2194+ SECTION 65. A taxing unit that does not own, operate, or
26242195 control an Internet website is not required to comply with Sections
26252196 26.05(b)(2) and 26.065(b), Tax Code, as amended by this Act, until
26262197 the first tax year in which the unit is required by law to maintain
26272198 or have access to an Internet website.
2628- SECTION 80. Section 41.03(a), Tax Code, as amended by this
2629- Act, applies only to a challenge under Chapter 41, Tax Code, for
2630- which a challenge petition is filed on or after January 1, 2018. A
2199+ SECTION 66. (a) Except as provided by Subsections (b) and
2200+ (c) of this section, the changes in law made by this Act to Chapter
2201+ 41, Tax Code, apply only to a protest for which the notice of
2202+ protest was filed by a property owner or the designated agent of the
2203+ owner with the appraisal review board established for an appraisal
2204+ district on or after January 1, 2018.
2205+ (b) Section 41.03(a), Tax Code, as amended by this Act,
2206+ applies only to a challenge under Chapter 41, Tax Code, for which a
2207+ challenge petition is filed on or after January 1, 2018. A
26312208 challenge under Chapter 41, Tax Code, for which a challenge
26322209 petition was filed before January 1, 2018, is governed by the law in
26332210 effect on the date the challenge petition was filed, and the former
26342211 law is continued in effect for that purpose.
2635- SECTION 81. Sections 41.45 and 41.66(k), Tax Code, as
2636- amended by this Act, and Section 41.66(k-1), Tax Code, as added by
2637- this Act, apply only to a protest filed under Chapter 41, Tax Code,
2638- on or after January 1, 2019. A protest filed under that chapter
2639- before January 1, 2019, is governed by the law in effect on the date
2640- the protest was filed, and the former law is continued in effect for
2212+ (c) Sections 41.45 and 41.66, Tax Code, as amended by this
2213+ Act, apply only to a protest filed under Chapter 41, Tax Code, on or
2214+ after January 1, 2019. A protest filed under that chapter before
2215+ January 1, 2019, is governed by the law in effect on the date the
2216+ protest was filed, and the former law is continued in effect for
26412217 that purpose.
2642- SECTION 82. Sections 41.46, 41.461, 41.47, 41.66(h), (i),
2643- and (j), and 41.67, Tax Code, as amended by this Act, and Sections
2644- 41.66(j-1) and (p), Tax Code, as added by this Act, apply only to a
2645- protest for which the notice of protest was filed by a property
2646- owner or the designated agent of the owner with the appraisal review
2647- board established for an appraisal district on or after January 1,
2648- 2018.
2649- SECTION 83. Section 41.71, Tax Code, as amended by this Act,
2650- applies only to a hearing on a protest under Chapter 41, Tax Code,
2651- that is scheduled on or after January 1, 2018. A hearing on a
2652- protest under Chapter 41, Tax Code, that is scheduled before
2653- January 1, 2018, is governed by the law in effect on the date the
2654- hearing was scheduled, and that law is continued in effect for that
2655- purpose.
2656- SECTION 84. Section 41A.07, Tax Code, as amended by this
2657- Act, applies only to a request for binding arbitration received by
2658- the comptroller from an appraisal district on or after January 1,
2659- 2018.
2660- SECTION 85. Section 41A.09(b), Tax Code, as amended by this
2661- Act, applies only to a request for binding arbitration under
2662- Chapter 41A, Tax Code, that is filed on or after January 1, 2018. A
2663- request for binding arbitration under Chapter 41A, Tax Code, that
2664- is filed before January 1, 2018, is governed by the law in effect on
2665- the date the request is filed, and the former law is continued in
2666- effect for that purpose.
2667- SECTION 86. The changes in law made by this Act in the
2218+ SECTION 67. The changes in law made by this Act in the
26682219 qualifications of persons serving as arbitrators in binding
26692220 arbitrations of appeals of appraisal review board orders do not
26702221 affect the entitlement of a person serving as an arbitrator
26712222 immediately before January 1, 2018, to continue to serve as an
26722223 arbitrator and to conduct hearings on arbitrations until the person
26732224 is required to renew the person's agreement with the comptroller to
26742225 serve as an arbitrator. The changes in law apply only to a person
26752226 who initially qualifies to serve as an arbitrator or who renews the
26762227 person's agreement with the comptroller to serve as an arbitrator
26772228 on or after January 1, 2018. This Act does not prohibit a person who
26782229 is serving as an arbitrator on January 1, 2018, from renewing the
26792230 person's agreement with the comptroller to serve as an arbitrator
26802231 if the person has the qualifications required for an arbitrator
26812232 under the Tax Code as amended by this Act.
2682- SECTION 87. Not later than the 30th day after the effective
2683- date of this section, the comptroller shall mail a written notice to
2684- each appraisal district and the assessor for each taxing unit in
2685- this state of the deadline for complying with each new requirement,
2686- duty, or function imposed by this Act on an appraisal district or
2687- taxing unit.
2688- SECTION 88. (a) Except as otherwise provided by this Act,
2233+ SECTION 68. (a) Except as otherwise provided by this Act,
26892234 this Act takes effect January 1, 2018.
2690- (b) Sections 78 and 87 of this Act take effect immediately
2691- if this Act receives a vote of two-thirds of all the members elected
2692- to each house, as provided by Section 39, Article III, Texas
2693- Constitution. If this Act does not receive the vote necessary for
2694- immediate effect, Sections 78 and 87 of this Act take effect on the
2695- 91st day after the last day of the legislative session.
2696- (c) The following provisions take effect September 1, 2018:
2235+ (b) The following provisions take effect September 1, 2018:
26972236 (1) Sections 6.41(b) and (d-9), Tax Code, as amended
26982237 by this Act;
26992238 (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code,
27002239 as added by this Act;
27012240 (3) Section 6.414(d), Tax Code, as amended by this
27022241 Act;
27032242 (4) Section 6.425, Tax Code, as added by this Act;
27042243 (5) Section 41.44(d), Tax Code, as amended by this
27052244 Act;
27062245 (6) Section 41.45(d), Tax Code, as amended by this
27072246 Act;
27082247 (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code,
27092248 as added by this Act;
27102249 (8) Section 41.66(k), Tax Code, as amended by this
27112250 Act; and
27122251 (9) Section 41.66(k-1), Tax Code, as added by this
27132252 Act.
2714- (d) The following provisions take effect January 1, 2019:
2715- (1) Sections 26.04(d-1), (d-2), (d-3), (e-2), (e-3),
2716- (e-4), and (e-5), Tax Code, as added by this Act;
2253+ (c) The following provisions take effect January 1, 2019:
2254+ (1) Sections 26.04(d-1), (d-2), (e-2), (e-3), and
2255+ (e-4), Tax Code, as added by this Act;
27172256 (2) Sections 26.04(e-1) and (g), Tax Code, as amended
27182257 by this Act;
27192258 (3) Sections 26.05(d-1) and (d-2), Tax Code, as added
27202259 by this Act; and
27212260 (4) Section 26.05(e), Tax Code, as amended by this
27222261 Act.
2723- * * * * *