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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. | |
10 | 3 | ||
11 | 4 | ||
12 | 5 | A BILL TO BE ENTITLED | |
13 | 6 | AN ACT | |
14 | 7 | relating to the administration of the ad valorem tax system; | |
15 | 8 | authorizing fees. | |
16 | 9 | 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 | |
18 | 13 | follows: | |
19 | 14 | (a) Notwithstanding any other provision in this title and | |
20 | 15 | except as provided by this section, any notice, rendition, | |
21 | 16 | application form, or completed application, or information | |
22 | 17 | requested under Section 41.461(a)(2), that is required or permitted | |
23 | 18 | by this title to be delivered between a chief appraiser, an | |
24 | 19 | appraisal district, an appraisal review board, or any combination | |
25 | 20 | of those persons and a property owner or [between a chief appraiser, | |
26 | 21 | an appraisal district, an appraisal review board, or any | |
27 | 22 | combination of those persons and] a person designated by a property | |
28 | 23 | owner under Section 1.111(f) may be delivered in an electronic | |
29 | 24 | format if the chief appraiser and the property owner or person | |
30 | 25 | designated by the owner agree under this section. | |
31 | - | SECTION | |
26 | + | SECTION 3. Chapter 5, Tax Code, is amended by adding Section | |
32 | 27 | 5.01 to read as follows: | |
33 | 28 | Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. | |
34 | 29 | (a) The comptroller shall appoint the property tax administration | |
35 | 30 | advisory board to advise the comptroller with respect to the | |
36 | 31 | division or divisions within the office of the comptroller with | |
37 | 32 | primary responsibility for state administration of property | |
38 | 33 | taxation and state oversight of appraisal districts and local tax | |
39 | 34 | offices. The advisory board may make recommendations to the | |
40 | 35 | comptroller regarding improving the effectiveness and efficiency | |
41 | 36 | 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. | |
43 | 47 | (b) The advisory board is composed of at least six members | |
44 | 48 | appointed by the comptroller. The members of the board should | |
45 | 49 | include: | |
46 | 50 | (1) representatives of property tax payers, appraisal | |
47 | - | districts, and school districts; and | |
51 | + | districts, and school districts and other taxing units; and | |
48 | 52 | (2) a person who has knowledge or experience in | |
49 | 53 | conducting ratio studies. | |
50 | 54 | (c) The members of the advisory board serve at the pleasure | |
51 | 55 | of the comptroller. | |
52 | 56 | (d) Any advice to the comptroller relating to a matter | |
53 | 57 | described by Subsection (a) that is provided by a member of the | |
54 | 58 | advisory board must be provided at a meeting called by the | |
55 | 59 | comptroller. | |
56 | 60 | (e) Chapter 2110, Government Code, does not apply to the | |
57 | 61 | advisory board. | |
58 | - | SECTION | |
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: | |
60 | 64 | (b) A member of the appraisal review board established for | |
61 | 65 | an appraisal district must complete the course established under | |
62 | 66 | Subsection (a). The course must provide at least eight hours of | |
63 | 67 | classroom training and education. A member of the appraisal review | |
64 | 68 | board may not participate in a hearing conducted by the board unless | |
65 | 69 | the person has completed the course established under Subsection | |
66 | 70 | (a) and received a certificate of course completion. | |
67 | 71 | (c) The comptroller may contract with service providers to | |
68 | 72 | assist with the duties imposed under Subsection (a), but the course | |
69 | 73 | required may not be provided by an appraisal district, the chief | |
70 | 74 | appraiser or another employee of an appraisal district, a member of | |
71 | 75 | the board of directors of an appraisal district, a member of an | |
72 | 76 | appraisal review board, or a taxing unit. The comptroller may | |
73 | 77 | assess a fee to recover a portion of the costs incurred for the | |
74 | 78 | training course, but the fee may not exceed $50 per person trained. | |
75 | 79 | If the training is provided to an individual other than a member of | |
76 | 80 | an appraisal review board, the comptroller may assess a fee not to | |
77 | 81 | exceed $50 per person trained. | |
78 | 82 | (e-1) In addition to the course established under | |
79 | 83 | Subsection (a), the comptroller shall approve curricula and provide | |
80 | 84 | materials for use in a continuing education course for members of an | |
81 | 85 | appraisal review board. The course must provide at least four hours | |
82 | 86 | of classroom training and education. The curricula and materials | |
83 | 87 | must include information regarding: | |
84 | 88 | (1) the cost, income, and market data comparison | |
85 | 89 | methods of appraising property; | |
86 | 90 | (2) the appraisal of business personal property; | |
87 | 91 | (3) the determination of capitalization rates for | |
88 | 92 | property appraisal purposes; | |
89 | 93 | (4) the duties of an appraisal review board; | |
90 | 94 | (5) the requirements regarding the independence of an | |
91 | 95 | appraisal review board from the board of directors and the chief | |
92 | 96 | appraiser and other employees of the appraisal district; | |
93 | 97 | (6) the prohibitions against ex parte communications | |
94 | 98 | applicable to appraisal review board members; | |
95 | 99 | (7) the Uniform Standards of Professional Appraisal | |
96 | 100 | Practice; | |
97 | 101 | (8) the duty of the appraisal district to substantiate | |
98 | 102 | the district's determination of the value of property; | |
99 | 103 | (9) the requirements regarding the equal and uniform | |
100 | 104 | appraisal of property; | |
101 | 105 | (10) the right of a property owner to protest the | |
102 | 106 | appraisal of the property as provided by Chapter 41; and | |
103 | 107 | (11) a detailed explanation of each of the actions | |
104 | 108 | described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, | |
105 | 109 | 41.42, and 41.43 so that members are fully aware of each of the | |
106 | 110 | 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 | |
108 | 124 | 5.043 to read as follows: | |
109 | 125 | Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section | |
110 | 126 | applies only to persons who have agreed to serve as arbitrators | |
111 | 127 | under Chapter 41A. | |
112 | 128 | (b) The comptroller shall: | |
113 | 129 | (1) approve curricula and provide an arbitration | |
114 | 130 | manual and other materials for use in training and educating | |
115 | 131 | arbitrators; | |
116 | 132 | (2) make all materials for use in training and | |
117 | 133 | educating arbitrators freely available online; and | |
118 | 134 | (3) establish and supervise a training program on | |
119 | 135 | property tax law for the training and education of arbitrators. | |
120 | 136 | (c) The training program must: | |
121 | 137 | (1) emphasize the requirements regarding the equal and | |
122 | 138 | uniform appraisal of property; and | |
123 | 139 | (2) be at least four hours in length. | |
124 | 140 | (d) The training program may be provided online. The | |
125 | 141 | comptroller by rule may prescribe the manner by which the | |
126 | 142 | comptroller may verify that a person taking the training program | |
127 | 143 | online has taken and completed the program. | |
128 | 144 | (e) The comptroller may contract with service providers to | |
129 | 145 | assist with the duties imposed under Subsection (b), but the | |
130 | 146 | training program may not be provided by an appraisal district, the | |
131 | 147 | chief appraiser or another employee of an appraisal district, a | |
132 | 148 | member of the board of directors of an appraisal district, a member | |
133 | 149 | of an appraisal review board, or a taxing unit. The comptroller may | |
134 | 150 | assess a fee to recover a portion of the costs incurred for the | |
135 | 151 | training program, but the fee may not exceed $50 for each person | |
136 | 152 | trained. | |
137 | 153 | (f) The comptroller shall prepare an arbitration manual for | |
138 | 154 | use in the training program. The manual shall be updated regularly | |
139 | 155 | and may be revised on request, in writing, to the comptroller. The | |
140 | 156 | revised language must be approved by the unanimous agreement of a | |
141 | 157 | committee selected by the comptroller and representing, equally, | |
142 | 158 | taxpayers and chief appraisers. The person requesting the revision | |
143 | 159 | must pay the costs of mediation if the comptroller determines that | |
144 | 160 | 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. | |
150 | 161 | SECTION 6. Section 5.07, Tax Code, is amended by adding | |
151 | 162 | Subsections (f), (g), (h), and (i) to read as follows: | |
152 | 163 | (f) The comptroller shall prescribe tax rate calculation | |
153 | 164 | forms to be used by the designated officer or employee of each: | |
154 | 165 | (1) taxing unit other than a school district to | |
155 | - | calculate and submit the | |
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 | |
157 | 168 | (2) school district to calculate and submit the | |
158 | - | | |
159 | - | the same amount of state and local revenue per weighted | |
160 | - | the district received in the school year beginning in | |
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. | |
162 | 173 | (g) The forms described by Subsection (f) must be in an | |
163 | 174 | electronic format and: | |
164 | 175 | (1) have blanks that can be filled in electronically; | |
165 | 176 | (2) be capable of being certified by the designated | |
166 | 177 | officer or employee after completion as accurately calculating the | |
167 | 178 | applicable tax rates and using values that are the same as the | |
168 | 179 | 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. | |
174 | 183 | (h) For purposes of Subsections (f) and (g), the comptroller | |
175 | 184 | shall use the forms published on the comptroller's Internet website | |
176 | - | as of | |
177 | - | requirements of those subsections. The forms may be updated at the | |
178 | - | discretion of the comptroller | |
179 | - | | |
180 | - | the | |
181 | - | | |
182 | - | | |
183 | - | | |
184 | - | rate | |
185 | - | | |
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). | |
186 | 195 | (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. | |
197 | 207 | SECTION 7. Section 5.091, Tax Code, is amended to read as | |
198 | 208 | follows: | |
199 | 209 | Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the | |
200 | 210 | comptroller shall prepare a list that includes the total tax rate | |
201 | 211 | imposed by each taxing unit in this state, as [other than a school | |
202 | 212 | district, if the tax rate is] reported to the comptroller by each | |
203 | 213 | appraisal district, for the year [preceding the year] in which the | |
204 | 214 | list is prepared. The comptroller shall: | |
205 | 215 | (1) prescribe the manner in which and deadline by | |
206 | 216 | which appraisal districts are required to submit the tax rates to | |
207 | 217 | the comptroller; and | |
208 | 218 | (2) list the tax rates alphabetically according to: | |
209 | 219 | (A) the county or counties in which each taxing | |
210 | 220 | unit is located; and | |
211 | 221 | (B) the name of each taxing unit [in descending | |
212 | 222 | order]. | |
213 | 223 | (b) Not later than January 1 [December 31] of the following | |
214 | 224 | [each] year, the comptroller shall publish on the comptroller's | |
215 | 225 | Internet website the list required by Subsection (a). | |
216 | - | SECTION 8. | |
217 | - | ||
226 | + | SECTION 8. Section 5.102(a), Tax Code, is amended to read as | |
227 | + | follows: | |
218 | 228 | (a) At least once every two years, the comptroller shall | |
219 | 229 | review the governance of each appraisal district, taxpayer | |
220 | 230 | assistance provided, and the operating and appraisal standards, | |
221 | 231 | procedures, and methodology used by each appraisal district, to | |
222 | 232 | 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. | |
243 | 237 | SECTION 9. Chapter 5, Tax Code, is amended by adding Section | |
244 | 238 | 5.104 to read as follows: | |
245 | 239 | Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The | |
246 | 240 | comptroller shall prepare: | |
247 | 241 | (1) an appraisal review board survey form that allows | |
248 | 242 | an individual described by Subsection (b) to submit comments and | |
249 | 243 | suggestions to the comptroller regarding an appraisal review board; | |
250 | 244 | and | |
251 | 245 | (2) instructions for completing and submitting the | |
252 | 246 | form. | |
253 | 247 | (b) The following individuals may complete and submit a | |
254 | 248 | survey form under this section: | |
255 | 249 | (1) a property owner who files a motion under Section | |
256 | 250 | 25.25 to correct the appraisal roll or a protest under Chapter 41; | |
257 | 251 | (2) the designated agent of the property owner; or | |
258 | 252 | (3) a designated representative of the appraisal | |
259 | 253 | district in which the motion or protest is filed who attends the | |
260 | 254 | hearing on the motion or protest. | |
261 | 255 | (c) The survey form must allow an individual to submit | |
262 | 256 | 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 | |
265 | 263 | efficiency of the appraisal review board. | |
266 | 264 | (d) An appraisal district must provide the survey form and | |
267 | 265 | the instructions for completing and submitting the form to each | |
268 | 266 | property owner or designated agent of the owner at or before each | |
269 | 267 | hearing conducted under Section 25.25 or Chapter 41 by the | |
270 | 268 | appraisal review board established for the appraisal district or by | |
271 | 269 | a panel of the board. | |
272 | 270 | (e) An individual who elects to submit the survey form must | |
273 | 271 | submit the form to the comptroller as provided by this section. An | |
274 | 272 | appraisal district may not accept a survey form submitted under | |
275 | 273 | this section. An individual may submit only one survey form for | |
276 | 274 | each motion or protest. | |
277 | 275 | (f) The comptroller shall allow an individual to submit a | |
278 | 276 | survey form to the comptroller in the following manner: | |
279 | 277 | (1) in person; | |
280 | 278 | (2) by mail; | |
281 | - | (3) by | |
282 | - | (4) through a web page | |
283 | - | ||
279 | + | (3) by e-mail; or | |
280 | + | (4) through a web page that allows the individual to | |
281 | + | complete and submit the form electronically. | |
284 | 282 | (g) An appraisal district may not require a property owner | |
285 | 283 | or the designated agent of the owner to complete a survey form at | |
286 | 284 | the appraisal office in order to be permitted to submit the form to | |
287 | 285 | 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). | |
293 | 290 | (i) The comptroller shall issue an annual report that | |
294 | 291 | summarizes the information included in the survey forms submitted | |
295 | 292 | during the preceding year. The report may not disclose the identity | |
296 | 293 | of an individual who submitted a survey form. | |
297 | 294 | (j) The comptroller may adopt rules necessary to implement | |
298 | 295 | 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 | |
347 | 297 | Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and | |
348 | 298 | (d-10) to read as follows: | |
349 | 299 | (b) Except as provided by Subsection (b-1) or (b-2), an | |
350 | 300 | appraisal review [The] board consists of three members. | |
351 | 301 | (b-1) An appraisal [However, the] district board of | |
352 | 302 | directors by resolution of a majority of the board's [its] members | |
353 | 303 | may increase the size of the district's appraisal review board to | |
354 | 304 | the number of members the board of directors considers appropriate. | |
355 | 305 | (b-2) An appraisal district board of directors for a | |
356 | 306 | district established in a county with a population of one million or | |
357 | 307 | more by resolution of a majority of the board's members shall | |
358 | 308 | increase the size of the district's appraisal review board to the | |
359 | 309 | number of members the board of directors considers appropriate to | |
360 | 310 | manage the duties of the appraisal review board, including the | |
361 | 311 | duties of each special panel established under Section 6.425. | |
362 | 312 | (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. | |
368 | 317 | (d-10) Upon selection of the individuals who are to serve as | |
369 | 318 | members of the appraisal review board, the local administrative | |
370 | 319 | district judge shall enter an appropriate order designating such | |
371 | 320 | members and setting each member's respective term of office, as | |
372 | 321 | provided elsewhere in this section. | |
373 | - | SECTION | |
322 | + | SECTION 11. Sections 6.412(a) and (d), Tax Code, are | |
374 | 323 | amended to read as follows: | |
375 | 324 | (a) An individual is ineligible to serve on an appraisal | |
376 | 325 | review board if the individual: | |
377 | 326 | (1) is related within the second degree by | |
378 | 327 | consanguinity or affinity, as determined under Chapter 573, | |
379 | 328 | Government Code, to an individual who is engaged in the business of | |
380 | 329 | appraising property for compensation for use in proceedings under | |
381 | 330 | this title or of representing property owners for compensation in | |
382 | 331 | proceedings under this title in the appraisal district for which | |
383 | 332 | the appraisal review board is established; | |
384 | 333 | (2) owns property on which delinquent taxes have been | |
385 | 334 | owed to a taxing unit for more than 60 days after the date the | |
386 | 335 | individual knew or should have known of the delinquency unless: | |
387 | 336 | (A) the delinquent taxes and any penalties and | |
388 | 337 | interest are being paid under an installment payment agreement | |
389 | 338 | under Section 33.02; or | |
390 | 339 | (B) a suit to collect the delinquent taxes is | |
391 | 340 | deferred or abated under Section 33.06 or 33.065; or | |
392 | 341 | (3) is related within the third degree by | |
393 | 342 | consanguinity or within the second degree by affinity, as | |
394 | 343 | determined under Chapter 573, Government Code, to a member of: | |
395 | 344 | (A) the appraisal district's board of directors; | |
396 | 345 | or | |
397 | 346 | (B) the appraisal review board. | |
398 | 347 | (d) A person is ineligible to serve on the appraisal review | |
399 | 348 | board of an appraisal district established for a county described | |
400 | 349 | by Section 6.41(d-1) [having a population of more than 100,000] if | |
401 | 350 | the person: | |
402 | 351 | (1) is a former member of the board of directors, | |
403 | 352 | former officer, or former employee of the appraisal district; | |
404 | 353 | (2) served as a member of the governing body or officer | |
405 | 354 | of a taxing unit for which the appraisal district appraises | |
406 | 355 | property, until the fourth anniversary of the date the person | |
407 | 356 | ceased to be a member or officer; [or] | |
408 | 357 | (3) appeared before the appraisal review board for | |
409 | 358 | compensation during the two-year period preceding the date the | |
410 | 359 | person is appointed; or | |
411 | 360 | (4) served for all or part of three previous terms as a | |
412 | 361 | board member or auxiliary board member on the appraisal review | |
413 | 362 | board. | |
414 | - | SECTION | |
363 | + | SECTION 12. Section 6.414(d), Tax Code, is amended to read | |
415 | 364 | as follows: | |
416 | 365 | (d) An auxiliary board member may hear taxpayer protests | |
417 | 366 | before the appraisal review board. An auxiliary board member may | |
418 | 367 | not hear taxpayer protests before a special panel established under | |
419 | 368 | Section 6.425 unless the member is eligible to be appointed to the | |
420 | 369 | special panel. If one or more auxiliary board members sit on a | |
421 | 370 | panel established under Section 6.425 or 41.45 to conduct a protest | |
422 | 371 | hearing, the number of regular appraisal review board members | |
423 | 372 | required by that section to constitute the panel is reduced by the | |
424 | 373 | number of auxiliary board members sitting. An auxiliary board | |
425 | 374 | member sitting on a panel is considered a regular board member for | |
426 | 375 | all purposes related to the conduct of the hearing. | |
427 | - | SECTION | |
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: | |
429 | 378 | (a) A majority of the appraisal review board constitutes a | |
430 | 379 | quorum. The local administrative district judge under Subchapter | |
431 | 380 | D, Chapter 74, Government Code, in the county in which [board of | |
432 | 381 | directors of] the appraisal district is established [by resolution] | |
433 | 382 | shall select a chairman and a secretary from among the members of | |
434 | 383 | the appraisal review board. The judge [board of directors of the | |
435 | 384 | appraisal district] is encouraged to select as chairman [of the | |
436 | 385 | appraisal review board] a member of the appraisal review board, if | |
437 | 386 | 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: | |
440 | 387 | (d) The concurrence of a majority of the members of the | |
441 | 388 | appraisal review board or a panel of the board present at a meeting | |
442 | 389 | of the board or panel is sufficient for a recommendation, | |
443 | 390 | determination, decision, or other action by the board or panel, and | |
444 | 391 | the concurrence of more than a majority of the members of the board | |
445 | 392 | or panel may not be required. | |
446 | - | SECTION | |
393 | + | SECTION 14. Subchapter C, Chapter 6, Tax Code, is amended by | |
447 | 394 | adding Section 6.425 to read as follows: | |
448 | 395 | Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN | |
449 | 396 | CERTAIN DISTRICTS. (a) This section applies only to the appraisal | |
450 | 397 | review board for an appraisal district described by Section | |
451 | 398 | 6.41(b-2). | |
452 | 399 | (b) The appraisal review board shall establish special | |
453 | 400 | panels to conduct protest hearings under Chapter 41 relating to | |
454 | 401 | property that: | |
455 | 402 | (1) has an appraised value of $50 million or more as | |
456 | 403 | determined by the appraisal district; and | |
457 | 404 | (2) is included in one of the following | |
458 | 405 | classifications: | |
459 | 406 | (A) commercial real and personal property; | |
460 | 407 | (B) real and personal property of utilities; | |
461 | 408 | (C) industrial and manufacturing real and | |
462 | 409 | personal property; and | |
463 | 410 | (D) multifamily residential real property. | |
464 | 411 | (c) Each special panel described by this section consists of | |
465 | 412 | three members of the appraisal review board appointed by the | |
466 | 413 | chairman of the board. | |
467 | 414 | (d) To be eligible to be appointed to a special panel | |
468 | 415 | described by this section, a member of the appraisal review board | |
469 | 416 | must: | |
470 | 417 | (1) hold a juris doctor or equivalent degree; | |
471 | 418 | (2) hold a master of business administration degree; | |
472 | 419 | (3) be licensed as a certified public accountant under | |
473 | 420 | Chapter 901, Occupations Code; | |
474 | 421 | (4) be accredited by the American Society of | |
475 | 422 | Appraisers as an accredited senior appraiser; | |
476 | 423 | (5) possess an MAI professional designation from the | |
477 | 424 | Appraisal Institute; | |
478 | 425 | (6) possess a Certified Assessment Evaluator (CAE) | |
479 | 426 | professional designation from the International Association of | |
480 | 427 | Assessing Officers; | |
481 | - | (7) have at least | |
428 | + | (7) have at least 20 years of experience in property | |
482 | 429 | tax appraisal or consulting; or | |
483 | 430 | (8) be licensed as a real estate broker or sales agent | |
484 | 431 | under Chapter 1101, Occupations Code. | |
485 | 432 | (e) Notwithstanding Subsection (d), the chairman of the | |
486 | 433 | appraisal review board may appoint to a special panel described by | |
487 | 434 | this section a member of the appraisal review board who does not | |
488 | 435 | meet the qualifications prescribed by that subsection if: | |
489 | 436 | (1) the number of persons appointed to the board by the | |
490 | 437 | local administrative district judge who meet those qualifications | |
491 | 438 | is not sufficient to fill the positions on each special panel; and | |
492 | 439 | (2) the board member being appointed to the panel | |
493 | 440 | holds a bachelor's degree in any field. | |
494 | 441 | (f) In addition to conducting protest hearings relating to | |
495 | 442 | property described by Subsection (b) of this section, a special | |
496 | 443 | panel may conduct protest hearings under Chapter 41 relating to | |
497 | 444 | property not described by Subsection (b) of this section as | |
498 | 445 | 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 | |
516 | 447 | Code, is amended by adding Subsections (b-3) and (b-4) to read as | |
517 | 448 | follows: | |
518 | 449 | (b-3) This subsection applies only to an appraisal district | |
519 | 450 | described by Section 6.41(b-2). In addition to the information | |
520 | 451 | required by Subsection (b), the chief appraiser shall state in a | |
521 | 452 | notice of appraised value of property described by Section 6.425(b) | |
522 | 453 | that the property owner has the right to have a protest relating to | |
523 | 454 | the property heard by a special panel of the appraisal review board. | |
524 | 455 | (b-4) Subsection (b)(5) applies only to a notice of | |
525 | 456 | appraised value required to be delivered by the chief appraiser of | |
526 | 457 | an appraisal district established in a county with a population of | |
527 | 458 | less than 120,000. This subsection expires January 1, 2020. | |
528 | - | SECTION | |
459 | + | SECTION 16. Effective January 1, 2020, Sections 25.19(b) | |
529 | 460 | and (i), Tax Code, are amended to read as follows: | |
530 | 461 | (b) The chief appraiser shall separate real from personal | |
531 | 462 | property and include in the notice for each: | |
532 | 463 | (1) a list of the taxing units in which the property is | |
533 | 464 | taxable; | |
534 | 465 | (2) the appraised value of the property in the | |
535 | 466 | preceding year; | |
536 | 467 | (3) the taxable value of the property in the preceding | |
537 | 468 | year for each taxing unit taxing the property; | |
538 | 469 | (4) the appraised value of the property for the | |
539 | 470 | current year, the kind and amount of each exemption and partial | |
540 | 471 | exemption, if any, approved for the property for the current year | |
541 | 472 | and for the preceding year, and, if an exemption or partial | |
542 | 473 | exemption that was approved for the preceding year was canceled or | |
543 | 474 | reduced for the current year, the amount of the exemption or partial | |
544 | 475 | exemption canceled or reduced; | |
545 | 476 | (5) [if the appraised value is greater than it was in | |
546 | 477 | the preceding year, the amount of tax that would be imposed on the | |
547 | 478 | property on the basis of the tax rate for the preceding year; | |
548 | - | [(6)] in italic typeface, the following | |
549 | - | "The Texas Legislature does not set the amount of your | |
550 | - | Your property tax burden is decided by your locally | |
551 | - | officials, and all inquiries concerning your taxes should | |
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"; | |
553 | 484 | (6) [(7)] a detailed explanation of the time and | |
554 | 485 | procedure for protesting the value; | |
555 | 486 | (7) [(8)] the date and place the appraisal review | |
556 | 487 | board will begin hearing protests; and | |
557 | 488 | (8) [(9)] a brief explanation that the governing body | |
558 | 489 | of each taxing unit decides whether or not taxes on the property | |
559 | 490 | will increase and the appraisal district only determines the value | |
560 | 491 | of the property. | |
561 | 492 | (i) Delivery with a notice required by Subsection (a) or (g) | |
562 | 493 | of a copy of the pamphlet published by the comptroller under Section | |
563 | 494 | 5.06 or a copy of the notice published by the chief appraiser under | |
564 | 495 | Section 41.70 is sufficient to comply with the requirement that the | |
565 | 496 | notice include the information specified by Subsection (b)(6) | |
566 | 497 | [(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 | |
571 | 522 | taxable value and calculated according to the following formula: | |
572 | - | | |
523 | + | NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS | |
573 | 524 | RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST | |
574 | 525 | YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - | |
575 | 526 | 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 | |
582 | 528 | amended to read as follows: | |
583 | 529 | Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; | |
584 | - | | |
585 | - | SECTION | |
530 | + | NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES. | |
531 | + | SECTION 20. Section 26.04, Tax Code, is amended by amending | |
586 | 532 | Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and | |
587 | - | adding Subsections (d-1), (d-2), ( | |
588 | - | ||
533 | + | adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) to read as | |
534 | + | follows: | |
589 | 535 | (b) The assessor shall submit the appraisal roll for the | |
590 | 536 | unit showing the total appraised, assessed, and taxable values of | |
591 | 537 | all property and the total taxable value of new property to the | |
592 | 538 | governing body of the unit by August 1 or as soon thereafter as | |
593 | 539 | practicable. By August 1 or as soon thereafter as practicable, the | |
594 | 540 | 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. | |
602 | 547 | (c) After the assessor for the unit submits the appraisal | |
603 | 548 | roll for the unit to the governing body of the unit as required by | |
604 | 549 | Subsection (b), an [An] officer or employee designated by the | |
605 | - | governing body shall calculate the | |
606 | - | and the rollback tax rate for the unit, where: | |
607 | - | (1) " | |
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 | |
608 | 553 | expressed in dollars per $100 of taxable value calculated according | |
609 | 554 | to the following formula: | |
610 | - | | |
611 | - | LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - | |
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) | |
613 | 558 | ; and | |
614 | 559 | (2) "Rollback tax rate" means a rate expressed in | |
615 | 560 | dollars per $100 of taxable value calculated according to the | |
616 | 561 | 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. | |
625 | 569 | (d-1) The designated officer or employee shall use the tax | |
626 | 570 | rate calculation forms prescribed by the comptroller under Section | |
627 | - | 5.07 in calculating the | |
628 | - | rate. | |
571 | + | 5.07 in calculating the no-new-revenue tax rate and the rollback | |
572 | + | tax rate. | |
629 | 573 | (d-2) The designated officer or employee may not submit the | |
630 | - | | |
631 | - | of the taxing unit and the unit may not adopt a tax rate until | |
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 | |
633 | 577 | calculation forms that the designated officer or employee has | |
634 | 578 | accurately calculated the tax rates and has used values that are the | |
635 | 579 | same as the values shown in the unit's certified appraisal roll in | |
636 | 580 | 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. | |
643 | 581 | (e) By August 7 or as soon thereafter as practicable, the | |
644 | 582 | 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; | |
653 | 589 | (2) the estimated amount of interest and sinking fund | |
654 | 590 | balances and the estimated amount of maintenance and operation or | |
655 | 591 | general fund balances remaining at the end of the current fiscal | |
656 | 592 | year that are not encumbered with or by corresponding existing debt | |
657 | 593 | obligation; | |
658 | 594 | (3) a schedule of the unit's debt obligations showing: | |
659 | 595 | (A) the amount of principal and interest that | |
660 | 596 | will be paid to service the unit's debts in the next year from | |
661 | 597 | property tax revenue, including payments of lawfully incurred | |
662 | 598 | contractual obligations providing security for the payment of the | |
663 | 599 | principal of and interest on bonds and other evidences of | |
664 | 600 | indebtedness issued on behalf of the unit by another political | |
665 | 601 | subdivision and, if the unit is created under Section 52, Article | |
666 | 602 | III, or Section 59, Article XVI, Texas Constitution, payments on | |
667 | 603 | debts that the unit anticipates to incur in the next calendar year; | |
668 | 604 | (B) the amount by which taxes imposed for debt | |
669 | 605 | are to be increased because of the unit's anticipated collection | |
670 | 606 | rate; and | |
671 | 607 | (C) the total of the amounts listed in Paragraphs | |
672 | 608 | (A)-(B), less any amount collected in excess of the previous year's | |
673 | 609 | anticipated collections certified as provided in Subsection (b); | |
674 | 610 | (4) the amount of additional sales and use tax revenue | |
675 | 611 | anticipated in calculations under Section 26.041; | |
676 | 612 | (5) a statement that the adoption of a tax rate equal | |
677 | - | to the | |
678 | - | or decrease, as applicable, in the amount of taxes imposed | |
679 | - | unit as compared to last year's levy, and the amount of the | |
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; | |
681 | 617 | (6) in the year that a taxing unit calculates an | |
682 | 618 | adjustment under Subsection (i) or (j), a schedule that includes | |
683 | 619 | the following elements: | |
684 | 620 | (A) the name of the unit discontinuing the | |
685 | 621 | department, function, or activity; | |
686 | 622 | (B) the amount of property tax revenue spent by | |
687 | 623 | the unit listed under Paragraph (A) to operate the discontinued | |
688 | 624 | department, function, or activity in the 12 months preceding the | |
689 | 625 | month in which the calculations required by this chapter are made; | |
690 | 626 | and | |
691 | 627 | (C) the name of the unit that operates a distinct | |
692 | 628 | department, function, or activity in all or a majority of the | |
693 | 629 | territory of a taxing unit that has discontinued operating the | |
694 | 630 | distinct department, function, or activity; and | |
695 | 631 | (7) in the year following the year in which a taxing | |
696 | 632 | unit raised its rollback tax rate as required by Subsection (j), a | |
697 | 633 | schedule that includes the following elements: | |
698 | 634 | (A) the amount of property tax revenue spent by | |
699 | 635 | the unit to operate the department, function, or activity for which | |
700 | 636 | the taxing unit raised the rollback tax rate as required by | |
701 | 637 | Subsection (j) for the 12 months preceding the month in which the | |
702 | 638 | calculations required by this chapter are made; and | |
703 | 639 | (B) the amount published by the unit in the | |
704 | 640 | preceding tax year under Subdivision (6)(B). | |
705 | 641 | (e-1) The tax rate certification requirements imposed by | |
706 | 642 | Subsection (d-2) and the notice requirements imposed by Subsections | |
707 | 643 | (e)(1)-(6) do not apply to a school district. | |
708 | 644 | (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: | |
716 | 651 | (1) the following statement: | |
717 | 652 | "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: | |
723 | 660 | "(address of the Internet website at which the information | |
724 | 661 | may be found)"; | |
725 | 662 | (2) a statement that the property owner may request | |
726 | 663 | from the county assessor-collector contact information for the | |
727 | 664 | assessor for each taxing unit in which the property is located, who | |
728 | 665 | must provide the information described by this subsection to the | |
729 | 666 | owner on request; and | |
730 | 667 | (3) the address and telephone number of the county | |
731 | 668 | assessor-collector. | |
732 | 669 | (e-3) The heading of the statement described by Subsection | |
733 | 670 | (e-2)(1) must be in bold, capital letters in typeset larger than | |
734 | 671 | that used in the other provisions of the notice. | |
735 | 672 | (e-4) The comptroller may adopt rules regarding the format | |
736 | 673 | 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. | |
742 | 674 | (f) If as a result of consolidation of taxing units a taxing | |
743 | 675 | unit includes territory that was in two or more taxing units in the | |
744 | 676 | preceding year, the amount of taxes imposed in each in the preceding | |
745 | - | year is combined for purposes of calculating the | |
677 | + | year is combined for purposes of calculating the no-new-revenue | |
746 | 678 | [effective] and rollback tax rates under this section. | |
747 | 679 | (g) A person who owns taxable property is entitled to an | |
748 | 680 | injunction prohibiting the taxing unit in which the property is | |
749 | 681 | taxable from adopting a tax rate if the assessor or designated | |
750 | - | officer or employee of the unit, the | |
682 | + | officer or employee of the unit, the chief appraiser of the | |
751 | 683 | applicable appraisal district, or the taxing unit, as applicable, | |
752 | 684 | 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]. | |
768 | 687 | (i) This subsection applies to a taxing unit that has agreed | |
769 | 688 | by written contract to transfer a distinct department, function, or | |
770 | 689 | activity to another taxing unit and discontinues operating that | |
771 | 690 | distinct department, function, or activity if the operation of that | |
772 | 691 | department, function, or activity in all or a majority of the | |
773 | 692 | territory of the taxing unit is continued by another existing | |
774 | 693 | taxing unit or by a new taxing unit. The rollback tax rate of a | |
775 | 694 | taxing unit to which this subsection applies in the first tax year | |
776 | 695 | in which a budget is adopted that does not allocate revenue to the | |
777 | 696 | discontinued department, function, or activity is calculated as | |
778 | 697 | otherwise provided by this section, except that last year's levy | |
779 | - | used to calculate the | |
698 | + | used to calculate the no-new-revenue [effective] maintenance and | |
780 | 699 | operations rate of the unit is reduced by the amount of maintenance | |
781 | 700 | and operations tax revenue spent by the taxing unit to operate the | |
782 | 701 | department, function, or activity for the 12 months preceding the | |
783 | 702 | month in which the calculations required by this chapter are made | |
784 | 703 | and in which the unit operated the discontinued department, | |
785 | 704 | function, or activity. If the unit did not operate that department, | |
786 | 705 | function, or activity for the full 12 months preceding the month in | |
787 | 706 | which the calculations required by this chapter are made, the unit | |
788 | - | shall reduce last year's levy used for calculating the | |
789 | - | [effective] maintenance and operations rate of the | |
790 | - | amount of the revenue spent in the last full fiscal year | |
791 | - | the unit operated the discontinued department, function, | |
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. | |
793 | 712 | (j) This subsection applies to a taxing unit that had agreed | |
794 | 713 | by written contract to accept the transfer of a distinct | |
795 | 714 | department, function, or activity from another taxing unit and | |
796 | 715 | operates a distinct department, function, or activity if the | |
797 | 716 | operation of a substantially similar department, function, or | |
798 | 717 | activity in all or a majority of the territory of the taxing unit | |
799 | 718 | has been discontinued by another taxing unit, including a dissolved | |
800 | 719 | taxing unit. The rollback tax rate of a taxing unit to which this | |
801 | 720 | subsection applies in the first tax year after the other taxing unit | |
802 | 721 | discontinued the substantially similar department, function, or | |
803 | 722 | activity in which a budget is adopted that allocates revenue to the | |
804 | 723 | department, function, or activity is calculated as otherwise | |
805 | 724 | provided by this section, except that last year's levy used to | |
806 | - | calculate the | |
807 | - | rate of the unit is increased by the amount of | |
808 | - | operations tax revenue spent by the taxing unit | |
809 | - | operating the substantially similar department, | |
810 | - | activity to operate that department, function, or | |
811 | - | 12 months preceding the month in which the | |
812 | - | this chapter are made and in which the unit | |
813 | - | discontinued department, function, or activity. If | |
814 | - | not operate the discontinued department, function, or | |
815 | - | the full 12 months preceding the month in which the | |
816 | - | required by this chapter are made, the unit may | |
817 | - | levy used to calculate the | |
818 | - | operations rate by an amount not to | |
819 | - | tax revenue spent by the | |
820 | - | discontinued department, | |
821 | - | fiscal year in which the | |
822 | - | department, function, or activity. | |
823 | - | SECTION | |
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 | |
824 | 743 | (h), Tax Code, are amended to read as follows: | |
825 | 744 | (a) In the first year in which an additional sales and use | |
826 | - | tax is required to be collected, the | |
745 | + | tax is required to be collected, the no-new-revenue [effective] tax | |
827 | 746 | rate and rollback tax rate for the unit are calculated according to | |
828 | 747 | the following formulas: | |
829 | - | | |
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 | |
831 | 750 | PROPERTY VALUE)] - SALES TAX GAIN RATE | |
832 | 751 | and | |
833 | - | ROLLBACK TAX RATE = ( | |
752 | + | ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] | |
834 | 753 | MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT | |
835 | 754 | RATE - SALES TAX GAIN RATE | |
836 | 755 | where "sales tax gain rate" means a number expressed in dollars per | |
837 | 756 | $100 of taxable value, calculated by dividing the revenue that will | |
838 | 757 | be generated by the additional sales and use tax in the following | |
839 | 758 | year as calculated under Subsection (d) [of this section] by the | |
840 | 759 | current total value. | |
841 | 760 | (b) Except as provided by Subsections (a) and (c) [of this | |
842 | 761 | section], in a year in which a taxing unit imposes an additional | |
843 | 762 | sales and use tax, the rollback tax rate for the unit is calculated | |
844 | 763 | according to the following formula, regardless of whether the unit | |
845 | 764 | levied a property tax in the preceding year: | |
846 | 765 | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND | |
847 | 766 | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL | |
848 | 767 | VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - | |
849 | 768 | SALES TAX REVENUE RATE) | |
850 | 769 | where "last year's maintenance and operations expense" means the | |
851 | 770 | amount spent for maintenance and operations from property tax and | |
852 | 771 | additional sales and use tax revenues in the preceding year, and | |
853 | 772 | "sales tax revenue rate" means a number expressed in dollars per | |
854 | 773 | $100 of taxable value, calculated by dividing the revenue that will | |
855 | 774 | be generated by the additional sales and use tax in the current year | |
856 | 775 | as calculated under Subsection (d) [of this section] by the current | |
857 | 776 | total value. | |
858 | 777 | (c) In a year in which a taxing unit that has been imposing | |
859 | 778 | an additional sales and use tax ceases to impose an additional sales | |
860 | - | and use tax, the | |
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 | |
862 | 781 | formulas: | |
863 | - | | |
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 | |
865 | 784 | PROPERTY VALUE)] + SALES TAX LOSS RATE | |
866 | 785 | and | |
867 | 786 | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND | |
868 | 787 | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL | |
869 | 788 | VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE | |
870 | 789 | where "sales tax loss rate" means a number expressed in dollars per | |
871 | 790 | $100 of taxable value, calculated by dividing the amount of sales | |
872 | 791 | and use tax revenue generated in the last four quarters for which | |
873 | 792 | the information is available by the current total value and "last | |
874 | 793 | year's maintenance and operations expense" means the amount spent | |
875 | 794 | for maintenance and operations from property tax and additional | |
876 | 795 | sales and use tax revenues in the preceding year. | |
877 | 796 | (e) If a city that imposes an additional sales and use tax | |
878 | 797 | receives payments under the terms of a contract executed before | |
879 | 798 | January 1, 1986, in which the city agrees not to annex certain | |
880 | 799 | property or a certain area and the owners or lessees of the property | |
881 | 800 | or of property in the area agree to pay at least annually to the city | |
882 | 801 | an amount determined by reference to all or a percentage of the | |
883 | 802 | property tax rate of the city and all or a part of the value of the | |
884 | 803 | property subject to the agreement or included in the area subject to | |
885 | 804 | the agreement, the governing body, by order adopted by a majority | |
886 | 805 | vote of the governing body, may direct the designated officer or | |
887 | - | employee to add to the | |
806 | + | employee to add to the no-new-revenue [effective] and rollback tax | |
888 | 807 | rates the amount that, when applied to the total taxable value | |
889 | 808 | submitted to the governing body, would produce an amount of taxes | |
890 | 809 | equal to the difference between the total amount of payments for the | |
891 | 810 | tax year under contracts described by this subsection under the | |
892 | 811 | rollback tax rate calculated under this section and the total | |
893 | 812 | amount of payments for the tax year that would have been obligated | |
894 | 813 | to the city if the city had not adopted an additional sales and use | |
895 | 814 | tax. | |
896 | 815 | (g) If the rate of the additional sales and use tax is | |
897 | 816 | increased, the designated officer or employee shall make two | |
898 | 817 | projections, in the manner provided by Subsection (d) [of this | |
899 | 818 | section], of the revenue generated by the additional sales and use | |
900 | 819 | tax in the following year. The first projection must take into | |
901 | 820 | account the increase and the second projection must not take into | |
902 | 821 | account the increase. The designated officer or employee shall | |
903 | 822 | then subtract the amount of the result of the second projection from | |
904 | 823 | the amount of the result of the first projection to determine the | |
905 | 824 | revenue generated as a result of the increase in the additional | |
906 | 825 | sales and use tax. In the first year in which an additional sales | |
907 | - | and use tax is increased, the | |
908 | - | the unit is the | |
909 | - | minus a number the numerator of which is the revenue | |
910 | - | result of the increase in the additional sales and | |
911 | - | determined under this subsection, and the denominator | |
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. | |
913 | 832 | (h) If the rate of the additional sales and use tax is | |
914 | 833 | decreased, the designated officer or employee shall make two | |
915 | 834 | projections, in the manner provided by Subsection (d) [of this | |
916 | 835 | section], of the revenue generated by the additional sales and use | |
917 | 836 | tax in the following year. The first projection must take into | |
918 | 837 | account the decrease and the second projection must not take into | |
919 | 838 | account the decrease. The designated officer or employee shall | |
920 | 839 | then subtract the amount of the result of the first projection from | |
921 | 840 | the amount of the result of the second projection to determine the | |
922 | 841 | revenue lost as a result of the decrease in the additional sales and | |
923 | 842 | use tax. In the first year in which an additional sales and use tax | |
924 | - | is decreased, the | |
925 | - | the | |
926 | - | number the numerator of which is the revenue lost as a result of | |
927 | - | decrease in the additional sales and use tax, as determined | |
928 | - | this subsection, and the denominator of which is the current | |
929 | - | value minus the new property value. | |
930 | - | SECTION | |
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 | |
931 | 850 | amended to read as follows: | |
932 | - | Sec. 26.043. ROLLBACK AND | |
933 | - | [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. | |
934 | - | SECTION | |
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 | |
935 | 854 | amended to read as follows: | |
936 | 855 | (a) In the tax year in which a city has set an election on | |
937 | 856 | the question of whether to impose a local sales and use tax under | |
938 | 857 | Subchapter H, Chapter 453, Transportation Code, the officer or | |
939 | 858 | employee designated to make the calculations provided by Section | |
940 | 859 | 26.04 may not make those calculations until the outcome of the | |
941 | 860 | election is determined. If the election is determined in favor of | |
942 | 861 | 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. | |
947 | 867 | (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 | |
951 | 872 | amended to read as follows: | |
952 | - | Sec. 26.044. | |
873 | + | Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR | |
953 | 874 | STATE CRIMINAL JUSTICE MANDATE. | |
954 | - | SECTION | |
875 | + | SECTION 25. Sections 26.044(a), (b), and (c), Tax Code, are | |
955 | 876 | amended to read as follows: | |
956 | 877 | (a) The first time that a county adopts a tax rate after | |
957 | 878 | September 1, 1991, in which the state criminal justice mandate | |
958 | - | applies to the county, the | |
959 | - | operation rate for the county is increased by the rate | |
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: | |
961 | 882 | (State Criminal Justice Mandate) / (Current Total | |
962 | 883 | Value - New Property Value) | |
963 | 884 | (b) In the second and subsequent years that a county adopts | |
964 | 885 | a tax rate, if the amount spent by the county for the state criminal | |
965 | - | justice mandate increased over the previous year, the | |
966 | - | [effective] maintenance and operation rate for the | |
967 | - | increased by the rate calculated according to the | |
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: | |
969 | 890 | (This Year's State Criminal Justice Mandate - Previous | |
970 | 891 | Year's State Criminal Justice Mandate) / (Current | |
971 | 892 | Total Value - New Property Value) | |
972 | 893 | (c) The county shall include a notice of the increase in the | |
973 | - | | |
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 | |
975 | 896 | criminal justice mandate, in the information published under | |
976 | 897 | Section 26.04(e) and Section 26.06(b) [of this code]. | |
977 | - | SECTION | |
898 | + | SECTION 26. Sections 26.0441(a), (b), and (c), Tax Code, | |
978 | 899 | are amended to read as follows: | |
979 | 900 | (a) In the first tax year in which a taxing unit adopts a tax | |
980 | 901 | rate after January 1, 2000, and in which the enhanced minimum | |
981 | 902 | eligibility standards for indigent health care established under | |
982 | 903 | Section 61.006, Health and Safety Code, apply to the taxing unit, | |
983 | - | 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 | |
985 | 906 | following formula: | |
986 | 907 | Amount of Increase = Enhanced Indigent Health Care | |
987 | 908 | Expenditures / (Current Total Value - New Property | |
988 | 909 | Value) | |
989 | 910 | (b) In each subsequent tax year, if the taxing unit's | |
990 | 911 | enhanced indigent health care expenses exceed the amount of those | |
991 | - | expenses for the preceding year, the | |
912 | + | expenses for the preceding year, the no-new-revenue [effective] | |
992 | 913 | maintenance and operations rate for the taxing unit is increased by | |
993 | 914 | the rate computed according to the following formula: | |
994 | 915 | Amount of Increase = (Current Tax Year's Enhanced | |
995 | 916 | Indigent Health Care Expenditures - Preceding Tax | |
996 | 917 | Year's Indigent Health Care Expenditures) / (Current | |
997 | 918 | Total Value - New Property Value) | |
998 | 919 | (c) The taxing unit shall include a notice of the increase | |
999 | - | in its | |
920 | + | in its no-new-revenue [effective] maintenance and operations rate | |
1000 | 921 | provided by this section, including a brief description and the | |
1001 | 922 | amount of the enhanced indigent health care expenditures, in the | |
1002 | 923 | information published under Section 26.04(e) and, if applicable, | |
1003 | 924 | Section 26.06(b). | |
1004 | - | SECTION | |
925 | + | SECTION 27. Section 26.05, Tax Code, is amended by amending | |
1005 | 926 | Subsections (b), (c), (d), (e), and (g) and adding Subsections | |
1006 | - | (d-1) | |
927 | + | (d-1) and (d-2) to read as follows: | |
1007 | 928 | (b) A taxing unit may not impose property taxes in any year | |
1008 | 929 | until the governing body has adopted a tax rate for that year, and | |
1009 | 930 | the annual tax rate must be set by ordinance, resolution, or order, | |
1010 | 931 | depending on the method prescribed by law for adoption of a law by | |
1011 | 932 | the governing body. The vote on the ordinance, resolution, or order | |
1012 | 933 | setting the tax rate must be separate from the vote adopting the | |
1013 | 934 | budget. For a taxing unit other than a school district, the vote on | |
1014 | 935 | the ordinance, resolution, or order setting a tax rate that exceeds | |
1015 | - | the | |
1016 | - | least 60 percent of the members of the governing body must vote | |
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 | |
1018 | 939 | district, the vote on the ordinance, resolution, or order setting a | |
1019 | - | tax rate that exceeds the sum of the | |
940 | + | tax rate that exceeds the sum of the no-new-revenue [effective] | |
1020 | 941 | maintenance and operations tax rate of the district as determined | |
1021 | 942 | under Section 26.08(i) and the district's current debt rate must be | |
1022 | 943 | a record vote, and at least 60 percent of the members of the | |
1023 | 944 | governing body must vote in favor of the ordinance, resolution, or | |
1024 | 945 | 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: | |
1035 | 957 | (1) include in the ordinance, resolution, or order in | |
1036 | 958 | type larger than the type used in any other portion of the document: | |
1037 | 959 | (A) the following statement: "THIS TAX RATE WILL | |
1038 | 960 | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S | |
1039 | 961 | TAX RATE."; and | |
1040 | - | (B) if the tax rate exceeds the | |
962 | + | (B) if the tax rate exceeds the no-new-revenue | |
1041 | 963 | [effective] maintenance and operations rate, the following | |
1042 | 964 | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | |
1043 | - | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE | |
1044 | - | MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE | |
1045 | - | MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY | |
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 | |
1047 | 969 | (2) include on the home page of the [any] Internet | |
1048 | 970 | website of [operated by] the unit: | |
1049 | 971 | (A) the following statement: "(Insert name of | |
1050 | 972 | unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE | |
1051 | 973 | AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and | |
1052 | - | (B) if the tax rate exceeds the | |
974 | + | (B) if the tax rate exceeds the no-new-revenue | |
1053 | 975 | [effective] maintenance and operations rate, the following | |
1054 | 976 | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT | |
1055 | - | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE | |
1056 | - | MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE | |
1057 | - | MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY | |
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)." | |
1059 | 981 | (c) If the governing body of a taxing unit does not adopt a | |
1060 | 982 | 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). | |
1068 | 991 | (d) The governing body of a taxing unit other than a school | |
1069 | 992 | district may not adopt a tax rate that exceeds the lower of the | |
1070 | - | rollback tax rate or the | |
1071 | - | as provided by this chapter until the governing body has | |
1072 | - | public hearings on the proposed tax rate and has otherwise | |
1073 | - | with Section 26.06 and Section 26.065. | |
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 | |
1076 | - | [effective] tax rate and may not adopt a higher rate | |
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. | |
1078 | 1001 | (d-1) The governing body of a taxing unit may not hold a | |
1079 | 1002 | public hearing on a proposed tax rate or a public meeting to adopt a | |
1080 | 1003 | tax rate until the 14th day after the date the officer or employee | |
1081 | 1004 | designated by the governing body of the unit to calculate the | |
1082 | - | | |
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. | |
1084 | 1007 | (d-2) Notwithstanding Subsection (a), the governing body of | |
1085 | 1008 | a taxing unit other than a school district may not adopt a tax rate | |
1086 | 1009 | 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; | |
1090 | 1019 | (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 | |
1098 | 1023 | (3) the taxing unit has posted the information | |
1099 | 1024 | described by Section 26.18 on the Internet website used by the | |
1100 | 1025 | taxing unit for that purpose. | |
1101 | 1026 | (e) A person who owns taxable property is entitled to an | |
1102 | 1027 | injunction restraining the collection of taxes by a taxing unit in | |
1103 | 1028 | which the property is taxable if the taxing unit has not complied | |
1104 | 1029 | 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]. | |
1130 | 1042 | (g) Notwithstanding Subsection (a), the governing body of a | |
1131 | 1043 | school district that elects to adopt a tax rate before the adoption | |
1132 | 1044 | of a budget for the fiscal year that begins in the current tax year | |
1133 | 1045 | may adopt a tax rate for the current tax year before receipt of the | |
1134 | 1046 | certified appraisal roll for the school district if the chief | |
1135 | 1047 | appraiser of the appraisal district in which the school district | |
1136 | 1048 | participates has certified to the assessor for the school district | |
1137 | 1049 | an estimate of the taxable value of property in the school district | |
1138 | 1050 | as provided by Section 26.01(e). If a school district adopts a tax | |
1139 | - | rate under this subsection, the | |
1140 | - | the rollback tax rate of the district shall be calculated based | |
1141 | - | the certified estimate of taxable value. | |
1142 | - | SECTION | |
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 | |
1143 | 1055 | amending Subsection (e) and adding Subsection (f) to read as | |
1144 | 1056 | follows: | |
1145 | 1057 | (e) Public notice provided under Subsection (c) must | |
1146 | 1058 | specify: | |
1147 | 1059 | (1) the tax rate that the governing body proposes to | |
1148 | 1060 | adopt; | |
1149 | 1061 | (2) the date, time, and location of the meeting of the | |
1150 | 1062 | governing body of the taxing unit at which the governing body will | |
1151 | 1063 | consider adopting the proposed tax rate; and | |
1152 | 1064 | (3) if the proposed tax rate for the taxing unit | |
1153 | - | exceeds the unit's | |
1154 | - | provided by Section 26.04, a statement substantially identical | |
1155 | - | the following: | |
1156 | - | (name of taxing unit) by (percentage by which the proposed tax | |
1157 | - | exceeds the | |
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)." | |
1158 | 1070 | (f) A taxing unit to which this section applies that elects | |
1159 | 1071 | to provide public notice of its proposed tax rate under Subsection | |
1160 | - | (c) | |
1161 | - | posting notice of the proposed tax rate | |
1162 | - | prescribed by Subsection (e) | |
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 | |
1163 | 1075 | 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: | |
1167 | 1078 | (b) The notice of a public hearing may not be smaller than | |
1168 | 1079 | one-quarter page of a standard-size or a tabloid-size newspaper, | |
1169 | 1080 | and the headline on the notice must be in 24-point or larger type. | |
1170 | - | | |
1171 | - | | |
1172 | - | | |
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 | |
1173 | 1084 | on a proposal to increase total tax revenues from properties on the | |
1174 | 1085 | 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 | |
1182 | 1097 | (meeting place). | |
1183 | - | | |
1098 | + | "The second public hearing will be held on (date and time) at | |
1184 | 1099 | (meeting place). | |
1185 | - | | |
1100 | + | "(Names of all members of the governing body, showing how | |
1186 | 1101 | each voted on the proposal to consider the tax increase or, if one | |
1187 | 1102 | or more were absent, indicating the absences.) | |
1188 | - | | |
1103 | + | "The average taxable value of a residence homestead in (name | |
1189 | 1104 | of taxing unit) last year was $____ (average taxable value of a | |
1190 | 1105 | residence homestead in the taxing unit for the preceding tax year, | |
1191 | 1106 | disregarding residence homestead exemptions available only to | |
1192 | 1107 | disabled persons or persons 65 years of age or older). Based on | |
1193 | 1108 | last year's tax rate of $____ (preceding year's adopted tax rate) | |
1194 | 1109 | per $100 of taxable value, the amount of taxes imposed last year on | |
1195 | 1110 | the average home was $____ (tax on average taxable value of a | |
1196 | 1111 | residence homestead in the taxing unit for the preceding tax year, | |
1197 | 1112 | disregarding residence homestead exemptions available only to | |
1198 | 1113 | disabled persons or persons 65 years of age or older). | |
1199 | - | | |
1114 | + | "The average taxable value of a residence homestead in (name | |
1200 | 1115 | of taxing unit) this year is $____ (average taxable value of a | |
1201 | 1116 | residence homestead in the taxing unit for the current tax year, | |
1202 | 1117 | disregarding residence homestead exemptions available only to | |
1203 | 1118 | disabled persons or persons 65 years of age or older). If the | |
1204 | - | governing body adopts the effective tax rate for | |
1205 | - | (effective tax rate) per $100 | |
1206 | - | imposed this year on the | |
1207 | - | taxable value of a | |
1208 | - | current tax year, | |
1209 | - | available only to | |
1210 | - | older). | |
1211 | - | | |
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 $____ | |
1212 | 1127 | (proposed tax rate) per $100 of taxable value, the amount of taxes | |
1213 | 1128 | imposed this year on the average home would be $____ (tax on the | |
1214 | 1129 | average taxable value of a residence in the taxing unit for the | |
1215 | 1130 | current year disregarding residence homestead exemptions available | |
1216 | 1131 | 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." | |
1331 | 1134 | (c) The notice of a public hearing under this section may be | |
1332 | 1135 | delivered by mail to each property owner in the unit, or may be | |
1333 | 1136 | published in a newspaper. If the notice is published in a | |
1334 | 1137 | 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. | |
1341 | 1143 | (d) At the public hearings the governing body shall announce | |
1342 | 1144 | the date, time, and place of the meeting at which it will vote on the | |
1343 | 1145 | proposed tax rate. After each hearing the governing body shall give | |
1344 | 1146 | notice of the meeting at which it will vote on the proposed tax rate | |
1345 | 1147 | and the notice shall be in the same form as prescribed by | |
1346 | 1148 | Subsections (b) and (c), except that it must state the following: | |
1347 | 1149 | "NOTICE OF TAX REVENUE INCREASE | |
1348 | 1150 | "The (name of the taxing unit) conducted public hearings on | |
1349 | 1151 | (date of first hearing) and (date of second hearing) on a proposal | |
1350 | 1152 | to increase the total tax revenues of the (name of the taxing unit) | |
1351 | 1153 | from properties on the tax roll in the preceding year by (percentage | |
1352 | 1154 | by which proposed tax rate exceeds lower of rollback tax rate or | |
1353 | - | | |
1155 | + | no-new-revenue [effective] tax rate calculated under this chapter) | |
1354 | 1156 | percent. | |
1355 | 1157 | "The total tax revenue proposed to be raised last year at last | |
1356 | 1158 | year's tax rate of (insert tax rate for the preceding year) for each | |
1357 | 1159 | $100 of taxable value was (insert total amount of taxes imposed in | |
1358 | 1160 | the preceding year). | |
1359 | 1161 | "The total tax revenue proposed to be raised this year at the | |
1360 | 1162 | proposed tax rate of (insert proposed tax rate) for each $100 of | |
1361 | 1163 | taxable value, excluding tax revenue to be raised from new property | |
1362 | 1164 | added to the tax roll this year, is (insert amount computed by | |
1363 | 1165 | multiplying proposed tax rate by the difference between current | |
1364 | 1166 | total value and new property value). | |
1365 | 1167 | "The total tax revenue proposed to be raised this year at the | |
1366 | 1168 | proposed tax rate of (insert proposed tax rate) for each $100 of | |
1367 | 1169 | taxable value, including tax revenue to be raised from new property | |
1368 | 1170 | added to the tax roll this year, is (insert amount computed by | |
1369 | 1171 | multiplying proposed tax rate by current total value). | |
1370 | 1172 | "The (governing body of the taxing unit) is scheduled to vote | |
1371 | 1173 | on the tax rate that will result in that tax increase at a public | |
1372 | 1174 | meeting to be held on (date of meeting) at (location of meeting, | |
1373 | 1175 | including mailing address) at (time of meeting). | |
1374 | 1176 | "The (governing body of the taxing unit) proposes to use the | |
1375 | 1177 | increase in total tax revenue for the purpose of (description of | |
1376 | 1178 | purpose of increase)." | |
1377 | 1179 | (e) The meeting to vote on the tax increase may not be | |
1378 | 1180 | earlier than the third day or later than the 14th day after the date | |
1379 | 1181 | of the second public hearing. The meeting must be held inside the | |
1380 | 1182 | boundaries of the taxing unit in a publicly owned building or, if a | |
1381 | 1183 | suitable publicly owned building is not available, in a suitable | |
1382 | 1184 | building to which the public normally has access. If the governing | |
1383 | 1185 | 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 | |
1554 | 1191 | as follows: | |
1555 | 1192 | (b) The [If the] taxing unit [owns, operates, or controls an | |
1556 | 1193 | Internet website, the unit] shall post notice of the public hearing | |
1557 | 1194 | prominently on the home page of the Internet website of the unit | |
1558 | 1195 | continuously for at least seven days immediately before the public | |
1559 | 1196 | hearing on the proposed tax rate increase and at least seven days | |
1560 | 1197 | immediately before the date of the vote proposing the increase in | |
1561 | 1198 | the tax rate. | |
1562 | - | SECTION | |
1199 | + | SECTION 31. Sections 26.08(g), (n), and (p), Tax Code, are | |
1563 | 1200 | amended to read as follows: | |
1564 | 1201 | (g) In a school district that received distributions from an | |
1565 | 1202 | equalization tax imposed under former Chapter 18, Education Code, | |
1566 | - | the | |
1203 | + | the no-new-revenue [effective] rate of that tax as of the date of | |
1567 | 1204 | the county unit system's abolition is added to the district's | |
1568 | 1205 | rollback tax rate. | |
1569 | 1206 | (n) For purposes of this section, the rollback tax rate of a | |
1570 | 1207 | school district whose maintenance and operations tax rate for the | |
1571 | 1208 | 2005 tax year was $1.50 or less per $100 of taxable value is: | |
1572 | 1209 | (1) for the 2006 tax year, the sum of the rate that is | |
1573 | 1210 | equal to 88.67 percent of the maintenance and operations tax rate | |
1574 | 1211 | adopted by the district for the 2005 tax year, the rate of $0.04 per | |
1575 | 1212 | $100 of taxable value, and the district's current debt rate; and | |
1576 | 1213 | (2) for the 2007 and subsequent tax years, the lesser | |
1577 | 1214 | of the following: | |
1578 | 1215 | (A) the sum of the following: | |
1579 | 1216 | (i) the rate per $100 of taxable value that | |
1580 | 1217 | is equal to the product of the state compression percentage, as | |
1581 | 1218 | determined under Section 42.2516, Education Code, for the current | |
1582 | 1219 | year and $1.50; | |
1583 | 1220 | (ii) the rate of $0.04 per $100 of taxable | |
1584 | 1221 | value; | |
1585 | 1222 | (iii) the rate that is equal to the sum of | |
1586 | 1223 | the differences for the 2006 and each subsequent tax year between | |
1587 | 1224 | the adopted tax rate of the district for that year if the rate was | |
1588 | 1225 | approved at an election under this section and the rollback tax rate | |
1589 | 1226 | of the district for that year; and | |
1590 | 1227 | (iv) the district's current debt rate; or | |
1591 | 1228 | (B) the sum of the following: | |
1592 | - | (i) the | |
1593 | - | and operations tax rate of the district as computed | |
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]; | |
1595 | 1232 | (ii) the rate per $100 of taxable value that | |
1596 | 1233 | is equal to the product of the state compression percentage, as | |
1597 | 1234 | determined under Section 42.2516, Education Code, for the current | |
1598 | 1235 | year and $0.06; and | |
1599 | 1236 | (iii) the district's current debt rate. | |
1600 | 1237 | (p) Notwithstanding Subsections (i), (n), and (o), if for | |
1601 | 1238 | the preceding tax year a school district adopted a maintenance and | |
1602 | - | operations tax rate that was less than the district's | |
1603 | - | [effective] maintenance and operations tax rate for | |
1604 | - | tax year, the rollback tax rate of the district for | |
1605 | - | year is calculated as if the district adopted a | |
1606 | - | operations tax rate for the preceding tax year that | |
1607 | - | district's | |
1608 | - | rate for that preceding tax year. | |
1609 | - | SECTION | |
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 | |
1610 | 1247 | September 1, 2017, is amended to read as follows: | |
1611 | - | (i) For purposes of this section, the | |
1248 | + | (i) For purposes of this section, the no-new-revenue | |
1612 | 1249 | [effective] maintenance and operations tax rate of a school | |
1613 | 1250 | district is the tax rate that, applied to the current total value | |
1614 | 1251 | for the district, would impose taxes in an amount that, when added | |
1615 | 1252 | to state funds that would be distributed to the district under | |
1616 | 1253 | Chapter 42, Education Code, for the school year beginning in the | |
1617 | 1254 | current tax year using that tax rate, would provide the same amount | |
1618 | 1255 | of state funds distributed under Chapter 42, Education Code, and | |
1619 | 1256 | maintenance and operations taxes of the district per student in | |
1620 | 1257 | weighted average daily attendance for that school year that would | |
1621 | 1258 | have been available to the district in the preceding year if the | |
1622 | 1259 | funding elements for Chapters 41 and 42, Education Code, for the | |
1623 | 1260 | 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: | |
1637 | 1269 | (1) the adopted tax rate; | |
1638 | 1270 | (2) the maintenance and operations rate; | |
1639 | 1271 | (3) the debt rate; | |
1640 | - | (4) the | |
1641 | - | (5) the | |
1272 | + | (4) the no-new-revenue [effective] tax rate; | |
1273 | + | (5) the no-new-revenue [effective] maintenance and | |
1642 | 1274 | operations rate; and | |
1643 | 1275 | (6) the rollback tax rate. | |
1644 | 1276 | (a-1) For purposes of Subsection (a), a reference to the | |
1645 | - | | |
1646 | - | rate includes the equivalent effective tax rate or | |
1647 | - | maintenance and operations rate for a preceding year. | |
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. | |
1649 | 1281 | (d) The county assessor-collector shall post immediately | |
1650 | 1282 | below the table prescribed by Subsection (c) the following | |
1651 | 1283 | statement: | |
1652 | 1284 | "The county is providing this table of property tax rate | |
1653 | 1285 | information as a service to the residents of the county. Each | |
1654 | 1286 | individual taxing unit is responsible for calculating the property | |
1655 | 1287 | tax rates listed in this table pertaining to that taxing unit and | |
1656 | 1288 | providing that information to the county. | |
1657 | 1289 | "The adopted tax rate is the tax rate adopted by the governing | |
1658 | 1290 | body of a taxing unit. | |
1659 | 1291 | "The maintenance and operations rate is the component of the | |
1660 | 1292 | adopted tax rate of a taxing unit that will impose the amount of | |
1661 | 1293 | taxes needed to fund maintenance and operation expenditures of the | |
1662 | 1294 | unit for the following year. | |
1663 | 1295 | "The debt rate is the component of the adopted tax rate of a | |
1664 | 1296 | taxing unit that will impose the amount of taxes needed to fund the | |
1665 | 1297 | unit's debt service for the following year. | |
1666 | - | "The | |
1298 | + | "The no-new-revenue [effective] tax rate is the tax rate that | |
1667 | 1299 | would generate the same amount of revenue in the current tax year as | |
1668 | 1300 | was generated by a taxing unit's adopted tax rate in the preceding | |
1669 | 1301 | tax year from property that is taxable in both the current tax year | |
1670 | 1302 | and the preceding tax year. | |
1671 | - | "The | |
1672 | - | is the tax rate that would generate the same amount of revenue | |
1673 | - | maintenance and operations in the current tax year as was | |
1674 | - | by a taxing unit's maintenance and operations rate in the | |
1675 | - | tax year from property that is taxable in both the current | |
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. | |
1677 | 1309 | "The rollback tax rate is the highest tax rate a taxing unit | |
1678 | 1310 | may adopt before requiring voter approval at an election. In the | |
1679 | 1311 | case of a taxing unit other than a school district, the voters by | |
1680 | 1312 | petition may require that a rollback election be held if the unit | |
1681 | 1313 | adopts a tax rate in excess of the unit's rollback tax rate. In the | |
1682 | 1314 | case of a school district, an election will automatically be held if | |
1683 | 1315 | the district wishes to adopt a tax rate in excess of the district's | |
1684 | 1316 | 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 | |
1703 | 1318 | Sections 26.17 and 26.18 to read as follows: | |
1704 | - | Sec. 26.17. | |
1705 | - | | |
1706 | - | database that: | |
1707 | - | (1) is identified by the name of the | |
1708 | - | | |
1709 | - | | |
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; | |
1710 | 1325 | (2) contains information that is provided by | |
1711 | 1326 | designated officers or employees of the taxing units that are | |
1712 | 1327 | located in the appraisal district in the manner required by rules | |
1713 | 1328 | adopted by the comptroller; | |
1714 | 1329 | (3) is continuously updated as preliminary and revised | |
1715 | 1330 | data become available to and are provided by the designated | |
1716 | 1331 | officers or employees of taxing units; | |
1717 | 1332 | (4) is accessible to the public; and | |
1718 | 1333 | (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: | |
1722 | 1336 | (1) the property's identification number; | |
1723 | 1337 | (2) the property's market value; | |
1724 | 1338 | (3) the property's taxable value; | |
1725 | 1339 | (4) the name of each taxing unit in which the property | |
1726 | 1340 | is located; | |
1727 | 1341 | (5) for each taxing unit other than a school district | |
1728 | 1342 | in which the property is located: | |
1729 | - | (A) the | |
1343 | + | (A) the no-new-revenue tax rate; and | |
1730 | 1344 | (B) the rollback tax rate; | |
1731 | 1345 | (6) for each school district in which the property is | |
1732 | 1346 | located: | |
1733 | 1347 | (A) the rate to maintain the same amount of state | |
1734 | 1348 | and local revenue per weighted student that the district received | |
1735 | 1349 | in the school year beginning in the preceding tax year; and | |
1736 | 1350 | (B) the rollback tax rate; | |
1737 | 1351 | (7) the tax rate proposed by the governing body of each | |
1738 | 1352 | taxing unit in which the property is located; | |
1739 | 1353 | (8) for each taxing unit other than a school district | |
1740 | 1354 | in which the property is located, the taxes that would be imposed on | |
1741 | 1355 | the property if the unit adopted a tax rate equal to: | |
1742 | - | (A) the | |
1356 | + | (A) the no-new-revenue tax rate; and | |
1743 | 1357 | (B) the proposed tax rate; | |
1744 | 1358 | (9) for each school district in which the property is | |
1745 | 1359 | located, the taxes that would be imposed on the property if the | |
1746 | 1360 | district adopted a tax rate equal to: | |
1747 | 1361 | (A) the rate to maintain the same amount of state | |
1748 | 1362 | and local revenue per weighted student that the district received | |
1749 | 1363 | in the school year beginning in the preceding tax year; and | |
1750 | 1364 | (B) the proposed tax rate; | |
1751 | 1365 | (10) for each taxing unit other than a school district | |
1752 | 1366 | in which the property is located, the difference between the amount | |
1753 | 1367 | calculated under Subdivision (8)(A) and the amount calculated under | |
1754 | 1368 | Subdivision (8)(B); | |
1755 | 1369 | (11) for each school district in which the property is | |
1756 | 1370 | located, the difference between the amount calculated under | |
1757 | 1371 | Subdivision (9)(A) and the amount calculated under Subdivision | |
1758 | 1372 | (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 | |
1775 | 1380 | 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 | |
1800 | 1384 | rollback tax rate for the unit must electronically: | |
1801 | 1385 | (1) enter in the database the information described by | |
1802 | 1386 | 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. | |
1815 | 1397 | Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY | |
1816 | 1398 | TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet | |
1817 | 1399 | website or have access to a generally accessible Internet website | |
1818 | 1400 | that may be used for the purposes of this section. Each taxing unit | |
1819 | 1401 | shall post or cause to be posted on the Internet website the | |
1820 | 1402 | following information in a format prescribed by the comptroller: | |
1821 | 1403 | (1) the name of each member of the governing body of | |
1822 | 1404 | the taxing unit; | |
1823 | 1405 | (2) the mailing address, e-mail address, and telephone | |
1824 | 1406 | number of the taxing unit; | |
1825 | 1407 | (3) the official contact information for each member | |
1826 | 1408 | of the governing body of the taxing unit, if that information is | |
1827 | 1409 | different from the information described by Subdivision (2); | |
1828 | 1410 | (4) the taxing unit's budget for the preceding two | |
1829 | 1411 | years; | |
1830 | 1412 | (5) the taxing unit's proposed or adopted budget for | |
1831 | 1413 | the current year; | |
1832 | 1414 | (6) the change in the amount of the taxing unit's | |
1833 | 1415 | budget from the preceding year to the current year, by dollar amount | |
1834 | 1416 | and percentage; | |
1835 | 1417 | (7) in the case of a taxing unit other than a school | |
1836 | 1418 | district, the amount of property tax revenue budgeted for | |
1837 | 1419 | maintenance and operations for: | |
1838 | 1420 | (A) the preceding two years; and | |
1839 | 1421 | (B) the current year; | |
1840 | 1422 | (8) in the case of a taxing unit other than a school | |
1841 | 1423 | district, the amount of property tax revenue budgeted for debt | |
1842 | 1424 | service for: | |
1843 | 1425 | (A) the preceding two years; and | |
1844 | 1426 | (B) the current year; | |
1845 | 1427 | (9) the tax rate for maintenance and operations | |
1846 | 1428 | adopted by the taxing unit for the preceding two years; | |
1847 | 1429 | (10) in the case of a taxing unit other than a school | |
1848 | 1430 | district, the tax rate for debt service adopted by the unit for the | |
1849 | 1431 | preceding two years; | |
1850 | 1432 | (11) in the case of a school district, the interest and | |
1851 | 1433 | sinking fund tax rate adopted by the district for the preceding two | |
1852 | 1434 | years; | |
1853 | 1435 | (12) the tax rate for maintenance and operations | |
1854 | 1436 | proposed by the taxing unit for the current year; | |
1855 | 1437 | (13) in the case of a taxing unit other than a school | |
1856 | 1438 | district, the tax rate for debt service proposed by the unit for the | |
1857 | 1439 | current year; | |
1858 | 1440 | (14) in the case of a school district, the interest and | |
1859 | 1441 | sinking fund tax rate proposed by the district for the current year; | |
1860 | 1442 | and | |
1861 | 1443 | (15) the most recent financial audit of the taxing | |
1862 | 1444 | unit. | |
1863 | - | SECTION | |
1445 | + | SECTION 35. Section 41.03(a), Tax Code, is amended to read | |
1864 | 1446 | as follows: | |
1865 | 1447 | (a) A taxing unit is entitled to challenge before the | |
1866 | 1448 | appraisal review board: | |
1867 | 1449 | (1) [the level of appraisals of any category of | |
1868 | 1450 | property in the district or in any territory in the district, but | |
1869 | 1451 | not the appraised value of a single taxpayer's property; | |
1870 | 1452 | [(2)] an exclusion of property from the appraisal | |
1871 | 1453 | records; | |
1872 | 1454 | (2) [(3)] a grant in whole or in part of a partial | |
1873 | 1455 | exemption; | |
1874 | 1456 | (3) [(4)] a determination that land qualifies for | |
1875 | 1457 | appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or | |
1876 | 1458 | (4) [(5)] failure to identify the taxing unit as one | |
1877 | 1459 | in which a particular property is taxable. | |
1878 | - | SECTION | |
1460 | + | SECTION 36. Section 41.44(d), Tax Code, is amended to read | |
1879 | 1461 | as follows: | |
1880 | 1462 | (d) A notice of protest is sufficient if it identifies the | |
1881 | 1463 | protesting property owner, including a person claiming an ownership | |
1882 | 1464 | interest in the property even if that person is not listed on the | |
1883 | 1465 | appraisal records as an owner of the property, identifies the | |
1884 | 1466 | property that is the subject of the protest, and indicates apparent | |
1885 | 1467 | dissatisfaction with some determination of the appraisal office. | |
1886 | 1468 | The notice need not be on an official form, but the comptroller | |
1887 | 1469 | shall prescribe a form that provides for more detail about the | |
1888 | 1470 | nature of the protest. The form must permit a property owner to | |
1889 | 1471 | include each property in the appraisal district that is the subject | |
1890 | 1472 | of a protest. The form must permit a property owner to request that | |
1891 | 1473 | the protest be heard by a special panel established under Section | |
1892 | 1474 | 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 | |
1899 | 1480 | Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to | |
1900 | 1481 | read as follows: | |
1901 | 1482 | (d) This subsection does not apply to a special panel | |
1902 | 1483 | established under Section 6.425. An appraisal review board | |
1903 | 1484 | consisting of more than three members may sit in panels of not fewer | |
1904 | 1485 | than three members to conduct protest hearings. [However, the | |
1905 | 1486 | determination of a protest heard by a panel must be made by the | |
1906 | 1487 | board.] If the recommendation of a panel is not accepted by the | |
1907 | 1488 | board, the board may refer the matter for rehearing to a panel | |
1908 | 1489 | composed of members who did not hear the original protest [hearing] | |
1909 | 1490 | or, if there are not at least three members who did not hear the | |
1910 | 1491 | original protest, the board may determine the protest. [Before | |
1911 | 1492 | determining a protest or conducting a rehearing before a new panel | |
1912 | 1493 | or the board, the board shall deliver notice of the hearing or | |
1913 | 1494 | meeting to determine the protest in accordance with the provisions | |
1914 | 1495 | of this subchapter.] | |
1915 | 1496 | (d-1) An appraisal review board to which Section 6.425 | |
1916 | 1497 | applies shall sit in special panels established under that section | |
1917 | 1498 | to conduct protest hearings. A special panel may conduct a protest | |
1918 | 1499 | hearing relating to property only if the property is described by | |
1919 | 1500 | Section 6.425(b) and the property owner has requested that a | |
1920 | 1501 | special panel conduct the hearing or if the protest is assigned to | |
1921 | 1502 | the special panel under Section 6.425(f). If the recommendation of | |
1922 | 1503 | a special panel is not accepted by the board, the board may refer | |
1923 | 1504 | the matter for rehearing to another special panel composed of | |
1924 | 1505 | members who did not hear the original protest or, if there are not | |
1925 | 1506 | at least three other special panel members who did not hear the | |
1926 | 1507 | original protest, the board may determine the protest. | |
1927 | 1508 | (d-2) The determination of a protest heard by a panel under | |
1928 | 1509 | Subsection (d) or (d-1) must be made by the board. | |
1929 | 1510 | (d-3) The board must deliver notice of a hearing or meeting | |
1930 | 1511 | to determine a protest heard by a panel, or to rehear a protest, | |
1931 | 1512 | under Subsection (d) or (d-1) in accordance with the provisions of | |
1932 | 1513 | this subchapter. | |
1933 | - | SECTION | |
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: | |
1935 | 1516 | (a) The appraisal review board before which a protest | |
1936 | 1517 | hearing is scheduled shall deliver written notice to the property | |
1937 | 1518 | owner initiating a protest of the date, time, [and] place, and | |
1938 | 1519 | subject matter of [fixed for] the hearing on the protest and of the | |
1939 | 1520 | property owner's entitlement to a postponement of the hearing as | |
1940 | 1521 | provided by Section 41.45 unless the property owner waives in | |
1941 | 1522 | writing notice of the hearing. The board shall deliver the notice | |
1942 | 1523 | 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 | |
1944 | 1530 | follows: | |
1945 | 1531 | Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING; | |
1946 | 1532 | 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: | |
1949 | 1534 | (1) deliver a copy of the pamphlet prepared by the | |
1950 | 1535 | comptroller under Section 5.06 [5.06(a)] to the property owner | |
1951 | 1536 | initiating the protest if the owner is representing himself, or to | |
1952 | 1537 | an agent representing the owner if requested by the agent; | |
1953 | 1538 | (2) inform the property owner that the owner or the | |
1954 | - | agent of the owner | |
1955 | - | ||
1956 | - | ||
1957 | - | ||
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 | |
1958 | 1543 | (3) deliver a copy of the hearing procedures | |
1959 | 1544 | established by the appraisal review board under Section 41.66 to | |
1960 | 1545 | the property owner. | |
1961 | - | (b) The chief appraiser may not charge | |
1546 | + | (b) The chief appraiser may not charge the property owner or | |
1962 | 1547 | the designated agent of the owner for copies provided to the [an] | |
1963 | 1548 | owner or designated agent under this section, regardless of the | |
1964 | 1549 | manner in which the copies are prepared or delivered [may not exceed | |
1965 | 1550 | the charge for copies of public information as provided under | |
1966 | 1551 | Subchapter F, Chapter 552, Government Code, except: | |
1967 | 1552 | [(1) the total charge for copies provided in | |
1968 | 1553 | connection with a protest of the appraisal of residential property | |
1969 | 1554 | may not exceed $15 for each residence; and | |
1970 | 1555 | [(2) the total charge for copies provided in | |
1971 | 1556 | connection with a protest of the appraisal of a single unit of | |
1972 | 1557 | property subject to appraisal, other than residential property, may | |
1973 | 1558 | 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 | |
1999 | 1587 | Subsections (c-2) and (f) and amending Subsection (e) to read as | |
2000 | 1588 | follows: | |
2001 | 1589 | (c-2) The board may not determine the appraised value of the | |
2002 | 1590 | property that is the subject of a protest to be an amount greater | |
2003 | 1591 | than the appraised value of the property as shown in the appraisal | |
2004 | 1592 | records submitted to the board by the chief appraiser under Section | |
2005 | 1593 | 25.22 or 25.23. | |
2006 | 1594 | (e) The notice of the issuance of the order must contain a | |
2007 | 1595 | prominently printed statement in upper-case bold lettering | |
2008 | 1596 | informing the property owner in clear and concise language of the | |
2009 | 1597 | property owner's right to appeal the order of the board [board's | |
2010 | 1598 | decision] to district court. The statement must describe the | |
2011 | 1599 | deadline prescribed by Section 42.06(a) [of this code] for filing a | |
2012 | 1600 | written notice of appeal[,] and the deadline prescribed by Section | |
2013 | 1601 | 42.21(a) [of this code] for filing the petition for review with the | |
2014 | 1602 | district court. | |
2015 | - | (f) The | |
2016 | - | ||
2017 | - | ||
2018 | - | SECTION | |
2019 | - | Subsections (h), (i), and ( | |
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: | |
2021 | 1609 | (h) The appraisal review board shall postpone a hearing on a | |
2022 | 1610 | protest if the property owner or the designated agent of the owner | |
2023 | 1611 | requests additional time to prepare for the hearing and establishes | |
2024 | 1612 | to the board that the chief appraiser failed to comply with Section | |
2025 | 1613 | 41.461. The board is not required to postpone a hearing more than | |
2026 | 1614 | one time under this subsection. | |
2027 | 1615 | (i) A hearing on a protest filed by a property owner or the | |
2028 | 1616 | designated agent of the owner [who is not represented by an agent | |
2029 | 1617 | designated under Section 1.111] shall be set for a time and date | |
2030 | 1618 | certain. If the hearing is not commenced within two hours of the | |
2031 | 1619 | time set for the hearing, the appraisal review board shall postpone | |
2032 | 1620 | the hearing on the request of the property owner or the designated | |
2033 | 1621 | agent of the owner. | |
2034 | 1622 | (j) On the request of a property owner or the [a] designated | |
2035 | 1623 | agent of the owner, an appraisal review board shall schedule | |
2036 | 1624 | hearings on protests concerning up to 20 designated properties to | |
2037 | 1625 | be held consecutively on the same day. The designated properties | |
2038 | 1626 | must be identified in the same notice of protest, and the notice | |
2039 | 1627 | must contain in boldfaced type the statement "request for same-day | |
2040 | 1628 | protest hearings." A property owner or the designated agent of the | |
2041 | 1629 | owner may [not] file more than one request under this subsection | |
2042 | 1630 | with the appraisal review board in the same tax year. The appraisal | |
2043 | 1631 | review board may schedule hearings on protests concerning more than | |
2044 | 1632 | 20 properties filed by the same property owner or the designated | |
2045 | 1633 | agent of the owner and may use different panels to conduct the | |
2046 | 1634 | hearings based on the board's customary scheduling. The appraisal | |
2047 | 1635 | review board may follow the practices customarily used by the board | |
2048 | 1636 | in the scheduling of hearings under this subsection. | |
2049 | 1637 | (j-1) An appraisal review board may schedule the hearings on | |
2050 | 1638 | all protests filed by a property owner or the designated agent of | |
2051 | 1639 | the owner to be held consecutively. The notice of the hearings must | |
2052 | 1640 | state the date and time that the first hearing will begin, state the | |
2053 | 1641 | date the last hearing will end, and list the order in which the | |
2054 | 1642 | hearings will be held. The order of the hearings listed in the | |
2055 | 1643 | notice may not be changed without the agreement of the property | |
2056 | 1644 | owner or the designated agent of the owner, the chief appraiser, and | |
2057 | 1645 | the appraisal review board. The board may not reschedule a hearing | |
2058 | 1646 | for which notice is given under this subsection to a date earlier | |
2059 | 1647 | than the seventh day after the date the last hearing was scheduled | |
2060 | 1648 | to end unless agreed to by the property owner or the designated | |
2061 | 1649 | agent of the owner, the chief appraiser, and the appraisal review | |
2062 | 1650 | board. Unless agreed to by the parties, the board must provide | |
2063 | 1651 | written notice of the date and time of the rescheduled hearing to | |
2064 | 1652 | the property owner or the designated agent of the owner not later | |
2065 | 1653 | 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: | |
2073 | 1654 | (k) This subsection does not apply to a special panel | |
2074 | 1655 | established under Section 6.425. If an appraisal review board sits | |
2075 | 1656 | in panels to conduct protest hearings, protests shall be randomly | |
2076 | 1657 | assigned to panels, except that the board may consider the type of | |
2077 | 1658 | property subject to the protest or the ground of the protest for the | |
2078 | 1659 | purpose of using the expertise of a particular panel in hearing | |
2079 | 1660 | protests regarding particular types of property or based on | |
2080 | 1661 | particular grounds. If a protest is scheduled to be heard by a | |
2081 | 1662 | particular panel, the protest may not be reassigned to another | |
2082 | 1663 | panel without the consent of the property owner or designated | |
2083 | 1664 | agent. If the appraisal review board has cause to reassign a | |
2084 | 1665 | protest to another panel, a property owner or designated agent may | |
2085 | 1666 | agree to reassignment of the protest or may request that the hearing | |
2086 | 1667 | on the protest be postponed. The board shall postpone the hearing | |
2087 | 1668 | on that request. A change of members of a panel because of a | |
2088 | 1669 | conflict of interest, illness, or inability to continue | |
2089 | 1670 | participating in hearings for the remainder of the day does not | |
2090 | 1671 | constitute reassignment of a protest to another panel. | |
2091 | 1672 | (k-1) On the request of a property owner, an appraisal | |
2092 | 1673 | review board to which Section 6.425 applies shall assign a protest | |
2093 | 1674 | relating to property described by Section 6.425(b) to a special | |
2094 | 1675 | panel. In addition, the chairman of the appraisal review board may | |
2095 | 1676 | assign a protest relating to property not described by Section | |
2096 | 1677 | 6.425(b) to a special panel as authorized by Section 6.425(f). | |
2097 | 1678 | Protests assigned to special panels shall be randomly assigned to | |
2098 | 1679 | those panels. If a protest is scheduled to be heard by a particular | |
2099 | 1680 | special panel, the protest may not be reassigned to another special | |
2100 | 1681 | panel without the consent of the property owner or designated | |
2101 | 1682 | agent. If the board has cause to reassign a protest to another | |
2102 | 1683 | special panel, a property owner or designated agent may agree to | |
2103 | 1684 | reassignment of the protest or may request that the hearing on the | |
2104 | 1685 | protest be postponed. The board shall postpone the hearing on that | |
2105 | 1686 | request. A change of members of a special panel because of a | |
2106 | 1687 | conflict of interest, illness, or inability to continue | |
2107 | 1688 | participating in hearings for the remainder of the day does not | |
2108 | 1689 | 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 | |
2118 | 1696 | follows: | |
2119 | 1697 | Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An | |
2120 | 1698 | appraisal review board by rule shall provide for hearings on | |
2121 | 1699 | protests [in the evening or] on a Saturday or after 5 p.m. on a | |
2122 | 1700 | weekday [Sunday]. | |
2123 | 1701 | (b) The board may not schedule: | |
2124 | 1702 | (1) the first hearing on a protest held on a weekday | |
2125 | 1703 | evening to begin after 7 p.m.; or | |
2126 | 1704 | (2) a hearing on a protest on a Sunday. | |
2127 | - | SECTION | |
1705 | + | SECTION 43. Section 41A.06(b), Tax Code, as effective | |
2128 | 1706 | September 1, 2017, is amended to read as follows: | |
2129 | 1707 | (b) To initially qualify to serve as an arbitrator under | |
2130 | 1708 | this chapter, a person must: | |
2131 | 1709 | (1) meet the following requirements, as applicable: | |
2132 | 1710 | (A) be licensed as an attorney in this state; or | |
2133 | 1711 | (B) have: | |
2134 | 1712 | (i) completed at least 30 hours of training | |
2135 | 1713 | in arbitration and alternative dispute resolution procedures from a | |
2136 | 1714 | university, college, or legal or real estate trade association; and | |
2137 | 1715 | (ii) been licensed or certified | |
2138 | 1716 | continuously during the five years preceding the date the person | |
2139 | 1717 | agrees to serve as an arbitrator as: | |
2140 | 1718 | (a) a real estate broker or sales | |
2141 | 1719 | agent under Chapter 1101, Occupations Code; | |
2142 | 1720 | (b) a real estate appraiser under | |
2143 | 1721 | Chapter 1103, Occupations Code; or | |
2144 | 1722 | (c) a certified public accountant | |
2145 | 1723 | under Chapter 901, Occupations Code; [and] | |
2146 | 1724 | (2) complete the course for training and education of | |
2147 | 1725 | appraisal review board members established under Section 5.041 and | |
2148 | 1726 | be issued a certificate indicating course completion; | |
2149 | 1727 | (3) complete the training program on property tax law | |
2150 | 1728 | for the training and education of arbitrators established under | |
2151 | 1729 | Section 5.043; and | |
2152 | 1730 | (4) agree to conduct an arbitration for a fee that is | |
2153 | 1731 | not more than: | |
2154 | 1732 | (A) $400, if the property qualifies as the | |
2155 | 1733 | owner's residence homestead under Section 11.13 and the appraised | |
2156 | 1734 | or market value, as applicable, of the property is $500,000 or less, | |
2157 | 1735 | as determined by the order; | |
2158 | 1736 | (B) $450, if the property qualifies as the | |
2159 | 1737 | owner's residence homestead under Section 11.13 and the appraised | |
2160 | 1738 | or market value, as applicable, of the property is more than | |
2161 | 1739 | $500,000, as determined by the order; | |
2162 | 1740 | (C) $450, if the property does not qualify as the | |
2163 | 1741 | owner's residence homestead under Section 11.13 and the appraised | |
2164 | 1742 | or market value, as applicable, of the property is $1 million or | |
2165 | 1743 | less, as determined by the order; | |
2166 | 1744 | (D) $750, if the property does not qualify as the | |
2167 | 1745 | owner's residence homestead under Section 11.13 and the appraised | |
2168 | 1746 | or market value, as applicable, of the property is more than $1 | |
2169 | 1747 | million but not more than $2 million, as determined by the order; | |
2170 | 1748 | (E) $1,000, if the property does not qualify as | |
2171 | 1749 | the owner's residence homestead under Section 11.13 and the | |
2172 | 1750 | appraised or market value, as applicable, of the property is more | |
2173 | 1751 | than $2 million but not more than $3 million, as determined by the | |
2174 | 1752 | order; or | |
2175 | 1753 | (F) $1,500, if the property does not qualify as | |
2176 | 1754 | the owner's residence homestead under Section 11.13 and the | |
2177 | 1755 | appraised or market value, as applicable, of the property is more | |
2178 | 1756 | than $3 million but not more than $5 million, as determined by the | |
2179 | 1757 | order. | |
2180 | - | SECTION | |
1758 | + | SECTION 44. Section 41A.061(b), Tax Code, is amended to | |
2181 | 1759 | read as follows: | |
2182 | 1760 | (b) To renew the person's agreement to serve as an | |
2183 | 1761 | arbitrator, the person must: | |
2184 | 1762 | (1) file a renewal application with the comptroller at | |
2185 | 1763 | the time and in the manner prescribed by the comptroller; | |
2186 | 1764 | (2) continue to meet the requirements provided by | |
2187 | 1765 | Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; and | |
2188 | 1766 | (3) during the preceding two years have completed at | |
2189 | 1767 | least eight hours of continuing education in arbitration and | |
2190 | 1768 | alternative dispute resolution procedures offered by a university, | |
2191 | 1769 | 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 | |
2233 | 1771 | as follows: | |
2234 | 1772 | (b) An award under this section: | |
2235 | 1773 | (1) must include a determination of the appraised or | |
2236 | 1774 | market value, as applicable, of the property that is the subject of | |
2237 | 1775 | the appeal; | |
2238 | 1776 | (2) may include any remedy or relief a court may order | |
2239 | 1777 | under Chapter 42 in an appeal relating to the appraised or market | |
2240 | 1778 | value of property; | |
2241 | 1779 | (3) shall specify the arbitrator's fee, which may not | |
2242 | 1780 | exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)]; | |
2243 | 1781 | (4) is final and may not be appealed except as | |
2244 | 1782 | permitted under Section 171.088, Civil Practice and Remedies Code, | |
2245 | 1783 | for an award subject to that section; and | |
2246 | 1784 | (5) may be enforced in the manner provided by | |
2247 | 1785 | Subchapter D, Chapter 171, Civil Practice and Remedies Code. | |
2248 | - | SECTION | |
1786 | + | SECTION 46. Section 45.105(e), Education Code, is amended | |
2249 | 1787 | to read as follows: | |
2250 | 1788 | (e) The governing body of an independent school district | |
2251 | 1789 | that governs a junior college district under Subchapter B, Chapter | |
2252 | 1790 | 130, in a county with a population of more than two million may | |
2253 | 1791 | dedicate a specific percentage of the local tax levy to the use of | |
2254 | 1792 | the junior college district for facilities and equipment or for the | |
2255 | 1793 | maintenance and operating expenses of the junior college district. | |
2256 | 1794 | To be effective, the dedication must be made by the governing body | |
2257 | 1795 | on or before the date on which the governing body adopts its tax | |
2258 | 1796 | rate for a year. The amount of local tax funds derived from the | |
2259 | 1797 | percentage of the local tax levy dedicated to a junior college | |
2260 | 1798 | district from a tax levy may not exceed the amount that would be | |
2261 | - | levied by five percent of the | |
2262 | - | the tax year calculated as provided by Section 26.04, Tax Code, | |
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 | |
2264 | 1802 | purchased with these funds is the property of the school district, | |
2265 | 1803 | but is subject to the exclusive control of the governing body of the | |
2266 | 1804 | junior college district for as long as the junior college district | |
2267 | 1805 | 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 | |
2289 | 1807 | to read as follows: | |
2290 | 1808 | (o) The comptroller shall adopt rules governing the conduct | |
2291 | 1809 | of the study after consultation with the comptroller's property tax | |
2292 | 1810 | administration advisory board [Comptroller's Property Value Study | |
2293 | 1811 | Advisory Committee]. | |
2294 | - | SECTION | |
1812 | + | SECTION 48. Section 102.007(d), Local Government Code, is | |
2295 | 1813 | amended to read as follows: | |
2296 | 1814 | (d) An adopted budget must contain a cover page that | |
2297 | 1815 | includes: | |
2298 | 1816 | (1) one of the following statements in 18-point or | |
2299 | 1817 | larger type that accurately describes the adopted budget: | |
2300 | 1818 | (A) "This budget will raise more revenue from | |
2301 | 1819 | property taxes than last year's budget by an amount of (insert total | |
2302 | 1820 | dollar amount of increase), which is a (insert percentage increase) | |
2303 | 1821 | percent increase from last year's budget. The property tax revenue | |
2304 | 1822 | to be raised from new property added to the tax roll this year is | |
2305 | 1823 | (insert amount computed by multiplying the proposed tax rate by the | |
2306 | 1824 | value of new property added to the roll)."; | |
2307 | 1825 | (B) "This budget will raise less revenue from | |
2308 | 1826 | property taxes than last year's budget by an amount of (insert total | |
2309 | 1827 | dollar amount of decrease), which is a (insert percentage decrease) | |
2310 | 1828 | percent decrease from last year's budget. The property tax revenue | |
2311 | 1829 | to be raised from new property added to the tax roll this year is | |
2312 | 1830 | (insert amount computed by multiplying the proposed tax rate by the | |
2313 | 1831 | value of new property added to the roll)."; or | |
2314 | 1832 | (C) "This budget will raise the same amount of | |
2315 | - | revenue from property taxes as last year's budget. The property | |
2316 | - | revenue to be raised from new property added to the tax roll | |
2317 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
2319 | 1837 | (2) the record vote of each member of the governing | |
2320 | 1838 | body by name voting on the adoption of the budget; | |
2321 | 1839 | (3) the municipal property tax rates for the preceding | |
2322 | 1840 | fiscal year, and each municipal property tax rate that has been | |
2323 | 1841 | adopted or calculated for the current fiscal year, including: | |
2324 | 1842 | (A) the property tax rate; | |
2325 | - | (B) the | |
2326 | - | (C) the | |
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; | |
2328 | 1846 | (D) the rollback tax rate; and | |
2329 | 1847 | (E) the debt rate; and | |
2330 | 1848 | (4) the total amount of municipal debt obligations. | |
2331 | - | SECTION | |
1849 | + | SECTION 49. Section 111.008(d), Local Government Code, is | |
2332 | 1850 | amended to read as follows: | |
2333 | 1851 | (d) An adopted budget must contain a cover page that | |
2334 | 1852 | includes: | |
2335 | 1853 | (1) one of the following statements in 18-point or | |
2336 | 1854 | larger type that accurately describes the adopted budget: | |
2337 | 1855 | (A) "This budget will raise more revenue from | |
2338 | 1856 | property taxes than last year's budget by an amount of (insert total | |
2339 | 1857 | dollar amount of increase), which is a (insert percentage increase) | |
2340 | 1858 | percent increase from last year's budget. The property tax revenue | |
2341 | 1859 | to be raised from new property added to the tax roll this year is | |
2342 | 1860 | (insert amount computed by multiplying the proposed tax rate by the | |
2343 | 1861 | value of new property added to the roll)."; | |
2344 | 1862 | (B) "This budget will raise less revenue from | |
2345 | 1863 | property taxes than last year's budget by an amount of (insert total | |
2346 | 1864 | dollar amount of decrease), which is a (insert percentage decrease) | |
2347 | 1865 | percent decrease from last year's budget. The property tax revenue | |
2348 | 1866 | to be raised from new property added to the tax roll this year is | |
2349 | 1867 | (insert amount computed by multiplying the proposed tax rate by the | |
2350 | 1868 | value of new property added to the roll)."; or | |
2351 | 1869 | (C) "This budget will raise the same amount of | |
2352 | - | revenue from property taxes as last year's budget. The property | |
2353 | - | revenue to be raised from new property added to the tax roll | |
2354 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
2356 | 1874 | (2) the record vote of each member of the | |
2357 | 1875 | commissioners court by name voting on the adoption of the budget; | |
2358 | 1876 | (3) the county property tax rates for the preceding | |
2359 | 1877 | fiscal year, and each county property tax rate that has been adopted | |
2360 | 1878 | or calculated for the current fiscal year, including: | |
2361 | 1879 | (A) the property tax rate; | |
2362 | - | (B) the | |
2363 | - | (C) the | |
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; | |
2365 | 1883 | (D) the rollback tax rate; and | |
2366 | 1884 | (E) the debt rate; and | |
2367 | 1885 | (4) the total amount of county debt obligations. | |
2368 | - | SECTION | |
1886 | + | SECTION 50. Section 111.039(d), Local Government Code, is | |
2369 | 1887 | amended to read as follows: | |
2370 | 1888 | (d) An adopted budget must contain a cover page that | |
2371 | 1889 | includes: | |
2372 | 1890 | (1) one of the following statements in 18-point or | |
2373 | 1891 | larger type that accurately describes the adopted budget: | |
2374 | 1892 | (A) "This budget will raise more revenue from | |
2375 | 1893 | property taxes than last year's budget by an amount of (insert total | |
2376 | 1894 | dollar amount of increase), which is a (insert percentage increase) | |
2377 | 1895 | percent increase from last year's budget. The property tax revenue | |
2378 | 1896 | to be raised from new property added to the tax roll this year is | |
2379 | 1897 | (insert amount computed by multiplying the proposed tax rate by the | |
2380 | 1898 | value of new property added to the roll)."; | |
2381 | 1899 | (B) "This budget will raise less revenue from | |
2382 | 1900 | property taxes than last year's budget by an amount of (insert total | |
2383 | 1901 | dollar amount of decrease), which is a (insert percentage decrease) | |
2384 | 1902 | percent decrease from last year's budget. The property tax revenue | |
2385 | 1903 | to be raised from new property added to the tax roll this year is | |
2386 | 1904 | (insert amount computed by multiplying the proposed tax rate by the | |
2387 | 1905 | value of new property added to the roll)."; or | |
2388 | 1906 | (C) "This budget will raise the same amount of | |
2389 | - | revenue from property taxes as last year's budget. The property | |
2390 | - | revenue to be raised from new property added to the tax roll | |
2391 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
2393 | 1911 | (2) the record vote of each member of the | |
2394 | 1912 | commissioners court by name voting on the adoption of the budget; | |
2395 | 1913 | (3) the county property tax rates for the preceding | |
2396 | 1914 | fiscal year, and each county property tax rate that has been adopted | |
2397 | 1915 | or calculated for the current fiscal year, including: | |
2398 | 1916 | (A) the property tax rate; | |
2399 | - | (B) the | |
2400 | - | (C) the | |
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; | |
2402 | 1920 | (D) the rollback tax rate; and | |
2403 | 1921 | (E) the debt rate; and | |
2404 | 1922 | (4) the total amount of county debt obligations. | |
2405 | - | SECTION | |
1923 | + | SECTION 51. Section 111.068(c), Local Government Code, is | |
2406 | 1924 | amended to read as follows: | |
2407 | 1925 | (c) An adopted budget must contain a cover page that | |
2408 | 1926 | includes: | |
2409 | 1927 | (1) one of the following statements in 18-point or | |
2410 | 1928 | larger type that accurately describes the adopted budget: | |
2411 | 1929 | (A) "This budget will raise more revenue from | |
2412 | 1930 | property taxes than last year's budget by an amount of (insert total | |
2413 | 1931 | dollar amount of increase), which is a (insert percentage increase) | |
2414 | 1932 | percent increase from last year's budget. The property tax revenue | |
2415 | 1933 | to be raised from new property added to the tax roll this year is | |
2416 | 1934 | (insert amount computed by multiplying the proposed tax rate by the | |
2417 | 1935 | value of new property added to the roll)."; | |
2418 | 1936 | (B) "This budget will raise less revenue from | |
2419 | 1937 | property taxes than last year's budget by an amount of (insert total | |
2420 | 1938 | dollar amount of decrease), which is a (insert percentage decrease) | |
2421 | 1939 | percent decrease from last year's budget. The property tax revenue | |
2422 | 1940 | to be raised from new property added to the tax roll this year is | |
2423 | 1941 | (insert amount computed by multiplying the proposed tax rate by the | |
2424 | 1942 | value of new property added to the roll)."; or | |
2425 | 1943 | (C) "This budget will raise the same amount of | |
2426 | - | revenue from property taxes as last year's budget. The property | |
2427 | - | revenue to be raised from new property added to the tax roll | |
2428 | - | year is (insert amount computed by multiplying the proposed | |
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)."; | |
2430 | 1948 | (2) the record vote of each member of the | |
2431 | 1949 | commissioners court by name voting on the adoption of the budget; | |
2432 | 1950 | (3) the county property tax rates for the preceding | |
2433 | 1951 | fiscal year, and each county property tax rate that has been adopted | |
2434 | 1952 | or calculated for the current fiscal year, including: | |
2435 | 1953 | (A) the property tax rate; | |
2436 | - | (B) the | |
2437 | - | (C) the | |
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; | |
2439 | 1957 | (D) the rollback tax rate; and | |
2440 | 1958 | (E) the debt rate; and | |
2441 | 1959 | (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: | |
2447 | 2065 | (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236], | |
2448 | 2066 | Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the | |
2449 | 2067 | 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: | |
2464 | 2071 | (a) Before the board adopts an ad valorem tax rate for the | |
2465 | 2072 | district for debt service, operation and maintenance purposes, or | |
2466 | 2073 | contract purposes, the board shall give notice of each meeting of | |
2467 | 2074 | the board at which the adoption of a tax rate will be considered. | |
2468 | 2075 | The notice must: | |
2469 | 2076 | (1) contain a statement in substantially the following | |
2470 | 2077 | form: | |
2471 | 2078 | "NOTICE OF PUBLIC HEARING ON TAX RATE | |
2472 | 2079 | "The (name of the district) will hold a public hearing on a | |
2473 | 2080 | proposed tax rate for the tax year (year of tax levy) on (date and | |
2474 | 2081 | time) at (meeting place). Your individual taxes may increase at a | |
2475 | 2082 | greater or lesser rate, or even decrease, depending on the tax rate | |
2476 | 2083 | that is adopted and on the change in the taxable value of your | |
2477 | 2084 | property in relation to the change in taxable value of all other | |
2478 | 2085 | property [and the tax rate that is adopted]. The change in the | |
2479 | 2086 | taxable value of your property in relation to the change in the | |
2480 | 2087 | taxable value of all other property determines the distribution of | |
2481 | 2088 | the tax burden among all property owners. | |
2482 | 2089 | "(Names of all board members and, if a vote was taken, an | |
2483 | 2090 | indication of how each voted on the proposed tax rate and an | |
2484 | 2091 | indication of any absences.)"; | |
2485 | 2092 | (2) contain the following information: | |
2486 | 2093 | (A) the district's total adopted tax rate for the | |
2487 | 2094 | preceding year and the proposed tax rate, expressed as an amount per | |
2488 | 2095 | $100; | |
2489 | 2096 | (B) the difference, expressed as an amount per | |
2490 | 2097 | $100 and as a percent increase or decrease, as applicable, in the | |
2491 | 2098 | proposed tax rate compared to the adopted tax rate for the preceding | |
2492 | 2099 | year; | |
2493 | 2100 | (C) the average appraised value of a residence | |
2494 | 2101 | homestead in the district in the preceding year and in the current | |
2495 | 2102 | year; the district's total homestead exemption, other than an | |
2496 | 2103 | exemption available only to disabled persons or persons 65 years of | |
2497 | 2104 | age or older, applicable to that appraised value in each of those | |
2498 | - | years; and the average taxable value of a residence homestead in | |
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 | |
2500 | 2107 | exemption available only to disabled persons or persons 65 years of | |
2501 | 2108 | age or older; | |
2502 | 2109 | (D) the amount of tax that would have been | |
2503 | 2110 | imposed by the district in the preceding year on a residence | |
2504 | 2111 | homestead appraised at the average appraised value of a residence | |
2505 | 2112 | homestead in that year, disregarding any homestead exemption | |
2506 | 2113 | available only to disabled persons or persons 65 years of age or | |
2507 | 2114 | older; | |
2508 | 2115 | (E) the amount of tax that would be imposed by the | |
2509 | 2116 | district in the current year on a residence homestead appraised at | |
2510 | 2117 | the average appraised value of a residence homestead in that year, | |
2511 | 2118 | disregarding any homestead exemption available only to disabled | |
2512 | 2119 | persons or persons 65 years of age or older, if the proposed tax | |
2513 | 2120 | rate is adopted; [and] | |
2514 | 2121 | (F) the difference between the amounts of tax | |
2515 | 2122 | calculated under Paragraphs (D) and (E), expressed in dollars and | |
2516 | 2123 | cents and described as the annual percentage increase or decrease, | |
2517 | 2124 | as applicable, in the tax to be imposed by the district on the | |
2518 | 2125 | average residence homestead in the district in the current year if | |
2519 | 2126 | the proposed tax rate is adopted; and | |
2520 | 2127 | (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 | |
2524 | 2132 | (3) contain a statement in substantially the following | |
2525 | 2133 | form: | |
2526 | 2134 | "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 | |
2540 | 2137 | 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: | |
2556 | 2141 | (1) Sections 403.302(m-1) and (n), Government Code; | |
2557 | - | (2) | |
2558 | - | (3) | |
2559 | - | (4) Section | |
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; | |
2560 | 2145 | (5) Section 49.236, Water Code, as added by Chapter | |
2561 | 2146 | 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session, | |
2562 | 2147 | 2003; and | |
2563 | 2148 | (6) Section 49.2361, Water Code. | |
2564 | - | SECTION | |
2149 | + | SECTION 56. Section 5.041, Tax Code, as amended by this Act, | |
2565 | 2150 | applies only to an appraisal review board member appointed to serve | |
2566 | 2151 | a term of office that begins on or after January 1, 2018. | |
2567 | - | SECTION | |
2152 | + | SECTION 57. The comptroller shall implement Section 5.043, | |
2568 | 2153 | Tax Code, as added by this Act, as soon as practicable after January | |
2569 | 2154 | 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 | |
2575 | 2156 | 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon | |
2576 | 2157 | as practicable after January 1, 2018. | |
2577 | 2158 | (b) The comptroller shall comply with Section 5.091, Tax | |
2578 | - | Code, as amended by this Act, not later than January 1, | |
2579 | - | SECTION | |
2159 | + | Code, as amended by this Act, not later than January 1, 2021. | |
2160 | + | SECTION 59. The comptroller shall prepare and make | |
2580 | 2161 | available the survey form and instructions for completing and | |
2581 | 2162 | submitting the form required by Section 5.104, Tax Code, as added by | |
2582 | 2163 | this Act, as soon as practicable after January 1, 2018. An | |
2583 | 2164 | appraisal district is not required to provide the survey form or | |
2584 | 2165 | instructions under a requirement of that section until the form and | |
2585 | 2166 | instructions are prepared and made available by the comptroller. | |
2586 | - | SECTION | |
2167 | + | SECTION 60. Section 6.41(d-9), Tax Code, as amended by this | |
2587 | 2168 | Act, applies only to the appointment of appraisal review board | |
2588 | 2169 | members to terms beginning on or after January 1, 2019. | |
2589 | - | SECTION | |
2170 | + | SECTION 61. Section 6.412, Tax Code, as amended by this Act, | |
2590 | 2171 | does not affect the eligibility of a person serving on an appraisal | |
2591 | 2172 | review board immediately before January 1, 2018, to continue to | |
2592 | 2173 | serve on the board for the term to which the member was appointed. | |
2593 | - | SECTION | |
2174 | + | SECTION 62. Section 6.42(d), Tax Code, as added by this Act, | |
2594 | 2175 | applies only to a recommendation, determination, decision, or other | |
2595 | 2176 | action by an appraisal review board or a panel of such a board on or | |
2596 | 2177 | after January 1, 2018. A recommendation, determination, decision, | |
2597 | 2178 | or other action by an appraisal review board or a panel of such a | |
2598 | 2179 | board before January 1, 2018, is governed by the law as it existed | |
2599 | 2180 | immediately before that date, and that law is continued in effect | |
2600 | 2181 | 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 | |
2602 | 2185 | county with a population of 120,000 or more and each taxing unit | |
2603 | 2186 | located wholly or partly in such an appraisal district shall comply | |
2604 | 2187 | with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, | |
2605 | 2188 | Tax Code, as added by this Act, beginning with the 2019 tax year. | |
2606 | 2189 | (b) An appraisal district established in a county with a | |
2607 | 2190 | population of less than 120,000 and each taxing unit located wholly | |
2608 | 2191 | in such an appraisal district shall comply with Sections | |
2609 | 2192 | 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as | |
2610 | 2193 | 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 | |
2624 | 2195 | control an Internet website is not required to comply with Sections | |
2625 | 2196 | 26.05(b)(2) and 26.065(b), Tax Code, as amended by this Act, until | |
2626 | 2197 | the first tax year in which the unit is required by law to maintain | |
2627 | 2198 | 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 | |
2631 | 2208 | challenge under Chapter 41, Tax Code, for which a challenge | |
2632 | 2209 | petition was filed before January 1, 2018, is governed by the law in | |
2633 | 2210 | effect on the date the challenge petition was filed, and the former | |
2634 | 2211 | 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 | |
2641 | 2217 | 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 | |
2668 | 2219 | qualifications of persons serving as arbitrators in binding | |
2669 | 2220 | arbitrations of appeals of appraisal review board orders do not | |
2670 | 2221 | affect the entitlement of a person serving as an arbitrator | |
2671 | 2222 | immediately before January 1, 2018, to continue to serve as an | |
2672 | 2223 | arbitrator and to conduct hearings on arbitrations until the person | |
2673 | 2224 | is required to renew the person's agreement with the comptroller to | |
2674 | 2225 | serve as an arbitrator. The changes in law apply only to a person | |
2675 | 2226 | who initially qualifies to serve as an arbitrator or who renews the | |
2676 | 2227 | person's agreement with the comptroller to serve as an arbitrator | |
2677 | 2228 | on or after January 1, 2018. This Act does not prohibit a person who | |
2678 | 2229 | is serving as an arbitrator on January 1, 2018, from renewing the | |
2679 | 2230 | person's agreement with the comptroller to serve as an arbitrator | |
2680 | 2231 | if the person has the qualifications required for an arbitrator | |
2681 | 2232 | 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, | |
2689 | 2234 | 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: | |
2697 | 2236 | (1) Sections 6.41(b) and (d-9), Tax Code, as amended | |
2698 | 2237 | by this Act; | |
2699 | 2238 | (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, | |
2700 | 2239 | as added by this Act; | |
2701 | 2240 | (3) Section 6.414(d), Tax Code, as amended by this | |
2702 | 2241 | Act; | |
2703 | 2242 | (4) Section 6.425, Tax Code, as added by this Act; | |
2704 | 2243 | (5) Section 41.44(d), Tax Code, as amended by this | |
2705 | 2244 | Act; | |
2706 | 2245 | (6) Section 41.45(d), Tax Code, as amended by this | |
2707 | 2246 | Act; | |
2708 | 2247 | (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, | |
2709 | 2248 | as added by this Act; | |
2710 | 2249 | (8) Section 41.66(k), Tax Code, as amended by this | |
2711 | 2250 | Act; and | |
2712 | 2251 | (9) Section 41.66(k-1), Tax Code, as added by this | |
2713 | 2252 | Act. | |
2714 | - | ( | |
2715 | - | (1) Sections 26.04(d-1), (d-2), ( | |
2716 | - | (e-4 | |
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; | |
2717 | 2256 | (2) Sections 26.04(e-1) and (g), Tax Code, as amended | |
2718 | 2257 | by this Act; | |
2719 | 2258 | (3) Sections 26.05(d-1) and (d-2), Tax Code, as added | |
2720 | 2259 | by this Act; and | |
2721 | 2260 | (4) Section 26.05(e), Tax Code, as amended by this | |
2722 | 2261 | Act. | |
2723 | - | * * * * * |