13 | | - | SECTION 1. Section 26.012, Tax Code, is amended by adding |
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14 | | - | Subdivision (18) to read as follows: |
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15 | | - | (18) "Small taxing unit" means: |
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16 | | - | (A) a taxing unit, other than a school district, |
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17 | | - | for which the maintenance and operations tax rate proposed for the |
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18 | | - | current tax year: |
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19 | | - | (i) is two cents or less per $100 of taxable |
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20 | | - | value; or |
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21 | | - | (ii) would impose taxes of $25 million or |
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22 | | - | less when applied to the current total value for the taxing unit; or |
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23 | | - | (B) a junior college district. |
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24 | | - | SECTION 2. Section 26.04, Tax Code, is amended by amending |
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25 | | - | Subsection (c) and adding Subsection (c-1) to read as follows: |
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26 | | - | (c) An officer or employee designated by the governing body |
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27 | | - | shall calculate the effective tax rate and the rollback tax rate for |
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28 | | - | the unit, where: |
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29 | | - | (1) "Effective tax rate" means a rate expressed in |
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30 | | - | dollars per $100 of taxable value calculated according to the |
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31 | | - | following formula: |
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32 | | - | EFFECTIVE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY |
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33 | | - | LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) |
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| 8 | + | SECTION 1. This Act may be cited as the Texas Property Tax |
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| 9 | + | Reform and Relief Act of 2017. |
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| 10 | + | SECTION 2. Section 1.085(a), Tax Code, is amended to read as |
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| 11 | + | follows: |
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| 12 | + | (a) Notwithstanding any other provision in this title and |
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| 13 | + | except as provided by this section, any notice, rendition, |
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| 14 | + | application form, or completed application, or information |
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| 15 | + | requested under Section 41.461(a)(2), that is required or permitted |
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| 16 | + | by this title to be delivered between a chief appraiser, an |
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| 17 | + | appraisal district, an appraisal review board, or any combination |
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| 18 | + | of those persons and a property owner or [between a chief appraiser, |
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| 19 | + | an appraisal district, an appraisal review board, or any |
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| 20 | + | combination of those persons and] a person designated by a property |
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| 21 | + | owner under Section 1.111(f) may be delivered in an electronic |
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| 22 | + | format if the chief appraiser and the property owner or person |
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| 23 | + | designated by the owner agree under this section. |
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| 24 | + | SECTION 3. Chapter 5, Tax Code, is amended by adding Section |
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| 25 | + | 5.01 to read as follows: |
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| 26 | + | Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. |
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| 27 | + | (a) The comptroller shall appoint the property tax administration |
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| 28 | + | advisory board to advise the comptroller with respect to the |
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| 29 | + | division or divisions within the office of the comptroller with |
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| 30 | + | primary responsibility for state administration of property |
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| 31 | + | taxation and state oversight of appraisal districts and local tax |
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| 32 | + | offices. The advisory board may make recommendations to the |
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| 33 | + | comptroller regarding improving the effectiveness and efficiency |
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| 34 | + | of the property tax system, best practices, and complaint |
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| 35 | + | resolution procedures. |
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| 36 | + | (b) The advisory board is composed of at least six members |
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| 37 | + | appointed by the comptroller. The members of the board should |
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| 38 | + | include: |
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| 39 | + | (1) representatives of property tax payers, appraisal |
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| 40 | + | districts, and school districts; and |
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| 41 | + | (2) a person who has knowledge or experience in |
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| 42 | + | conducting ratio studies. |
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| 43 | + | (c) The members of the advisory board serve at the pleasure |
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| 44 | + | of the comptroller. |
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| 45 | + | (d) Any advice to the comptroller relating to a matter |
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| 46 | + | described by Subsection (a) that is provided by a member of the |
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| 47 | + | advisory board must be provided at a meeting called by the |
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| 48 | + | comptroller. |
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| 49 | + | (e) Chapter 2110, Government Code, does not apply to the |
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| 50 | + | advisory board. |
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| 51 | + | SECTION 4. Sections 5.041(b), (c), and (e-1), Tax Code, are |
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| 52 | + | amended to read as follows: |
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| 53 | + | (b) A member of the appraisal review board established for |
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| 54 | + | an appraisal district must complete the course established under |
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| 55 | + | Subsection (a). The course must provide at least eight hours of |
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| 56 | + | classroom training and education. A member of the appraisal review |
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| 57 | + | board may not participate in a hearing conducted by the board unless |
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| 58 | + | the person has completed the course established under Subsection |
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| 59 | + | (a) and received a certificate of course completion. |
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| 60 | + | (c) The comptroller may contract with service providers to |
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| 61 | + | assist with the duties imposed under Subsection (a), but the course |
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| 62 | + | required may not be provided by an appraisal district, the chief |
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| 63 | + | appraiser or another employee of an appraisal district, a member of |
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| 64 | + | the board of directors of an appraisal district, a member of an |
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| 65 | + | appraisal review board, or a taxing unit. The comptroller may |
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| 66 | + | assess a fee to recover a portion of the costs incurred for the |
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| 67 | + | training course, but the fee may not exceed $50 per person trained. |
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| 68 | + | If the training is provided to an individual other than a member of |
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| 69 | + | an appraisal review board, the comptroller may assess a fee not to |
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| 70 | + | exceed $50 per person trained. |
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| 71 | + | (e-1) In addition to the course established under |
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| 72 | + | Subsection (a), the comptroller shall approve curricula and provide |
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| 73 | + | materials for use in a continuing education course for members of an |
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| 74 | + | appraisal review board. The course must provide at least four hours |
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| 75 | + | of classroom training and education. The curricula and materials |
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| 76 | + | must include information regarding: |
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| 77 | + | (1) the cost, income, and market data comparison |
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| 78 | + | methods of appraising property; |
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| 79 | + | (2) the appraisal of business personal property; |
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| 80 | + | (3) the determination of capitalization rates for |
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| 81 | + | property appraisal purposes; |
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| 82 | + | (4) the duties of an appraisal review board; |
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| 83 | + | (5) the requirements regarding the independence of an |
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| 84 | + | appraisal review board from the board of directors and the chief |
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| 85 | + | appraiser and other employees of the appraisal district; |
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| 86 | + | (6) the prohibitions against ex parte communications |
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| 87 | + | applicable to appraisal review board members; |
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| 88 | + | (7) the Uniform Standards of Professional Appraisal |
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| 89 | + | Practice; |
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| 90 | + | (8) the duty of the appraisal district to substantiate |
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| 91 | + | the district's determination of the value of property; |
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| 92 | + | (9) the requirements regarding the equal and uniform |
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| 93 | + | appraisal of property; |
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| 94 | + | (10) the right of a property owner to protest the |
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| 95 | + | appraisal of the property as provided by Chapter 41; and |
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| 96 | + | (11) a detailed explanation of each of the actions |
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| 97 | + | described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, |
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| 98 | + | 41.42, and 41.43 so that members are fully aware of each of the |
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| 99 | + | grounds on which a property appraisal can be appealed. |
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| 100 | + | SECTION 5. Chapter 5, Tax Code, is amended by adding Section |
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| 101 | + | 5.043 to read as follows: |
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| 102 | + | Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section |
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| 103 | + | applies only to persons who have agreed to serve as arbitrators |
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| 104 | + | under Chapter 41A. |
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| 105 | + | (b) The comptroller shall: |
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| 106 | + | (1) approve curricula and provide an arbitration |
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| 107 | + | manual and other materials for use in training and educating |
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| 108 | + | arbitrators; |
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| 109 | + | (2) make all materials for use in training and |
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| 110 | + | educating arbitrators freely available online; and |
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| 111 | + | (3) establish and supervise a training program on |
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| 112 | + | property tax law for the training and education of arbitrators. |
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| 113 | + | (c) The training program must: |
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| 114 | + | (1) emphasize the requirements regarding the equal and |
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| 115 | + | uniform appraisal of property; and |
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| 116 | + | (2) be at least four hours in length. |
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| 117 | + | (d) The training program may be provided online. The |
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| 118 | + | comptroller by rule may prescribe the manner by which the |
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| 119 | + | comptroller may verify that a person taking the training program |
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| 120 | + | online has taken and completed the program. |
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| 121 | + | (e) The comptroller may contract with service providers to |
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| 122 | + | assist with the duties imposed under Subsection (b), but the |
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| 123 | + | training program may not be provided by an appraisal district, the |
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| 124 | + | chief appraiser or another employee of an appraisal district, a |
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| 125 | + | member of the board of directors of an appraisal district, a member |
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| 126 | + | of an appraisal review board, or a taxing unit. The comptroller may |
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| 127 | + | assess a fee to recover a portion of the costs incurred for the |
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| 128 | + | training program, but the fee may not exceed $50 for each person |
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| 129 | + | trained. |
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| 130 | + | (f) The comptroller shall prepare an arbitration manual for |
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| 131 | + | use in the training program. The manual shall be updated regularly |
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| 132 | + | and may be revised on request, in writing, to the comptroller. The |
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| 133 | + | revised language must be approved by the unanimous agreement of a |
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| 134 | + | committee selected by the comptroller and representing, equally, |
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| 135 | + | taxpayers and chief appraisers. The person requesting the revision |
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| 136 | + | must pay the costs of mediation if the comptroller determines that |
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| 137 | + | mediation is required. |
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| 138 | + | SECTION 6. Section 5.05, Tax Code, is amended by adding |
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| 139 | + | Subsection (c-1) to read as follows: |
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| 140 | + | (c-1) An appraisal district shall appraise property in |
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| 141 | + | accordance with any appraisal manuals prepared and issued by the |
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| 142 | + | comptroller under this section. |
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| 143 | + | SECTION 7. Section 5.07, Tax Code, is amended by adding |
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| 144 | + | Subsections (f), (g), (h), and (i) to read as follows: |
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| 145 | + | (f) In conjunction with prescribing a uniform record system |
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| 146 | + | to be used by all appraisal districts as required by Subsection (c), |
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| 147 | + | the comptroller shall prescribe tax rate calculation forms to be |
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| 148 | + | used by the designated officer or employee of each: |
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| 149 | + | (1) taxing unit other than a school district to |
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| 150 | + | calculate and submit the equivalent tax rate and the rollback tax |
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| 151 | + | rate for the unit as required by Chapter 26; and |
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| 152 | + | (2) school district to calculate and submit the |
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| 153 | + | equivalent tax rate, the rollback tax rate, and the rate to maintain |
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| 154 | + | the same amount of state and local revenue per weighted student that |
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| 155 | + | the district received in the school year beginning in the preceding |
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| 156 | + | tax year as required by Chapter 26. |
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| 157 | + | (g) The forms described by Subsection (f) must be in an |
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| 158 | + | electronic format and: |
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| 159 | + | (1) have blanks that can be filled in electronically; |
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| 160 | + | (2) be capable of being certified by the designated |
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| 161 | + | officer or employee after completion as accurately calculating the |
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| 162 | + | applicable tax rates and using values that are the same as the |
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| 163 | + | values shown in the taxing unit's certified appraisal roll; and |
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| 164 | + | (3) be capable of being electronically incorporated |
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| 165 | + | into the real-time tax database maintained by the tax notice |
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| 166 | + | officer of each appraisal district and submitted electronically to |
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| 167 | + | the county assessor-collector of each county in which all or part of |
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| 168 | + | the territory of the taxing unit is located. |
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| 169 | + | (h) For purposes of Subsections (f) and (g), the comptroller |
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| 170 | + | shall use the forms published on the comptroller's Internet website |
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| 171 | + | as of January 1, 2017, as modified as necessary to comply with the |
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| 172 | + | requirements of those subsections. The forms may be updated at the |
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| 173 | + | discretion of the comptroller to reflect any change in the values |
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| 174 | + | used to calculate a tax rate, including the changes resulting from |
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| 175 | + | the implementation in the 2018 tax year of S.B. 1, Acts of the 85th |
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| 176 | + | Legislature, 1st Called Session, 2017, or similar legislation |
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| 177 | + | enacted at that session, or a change in a subsequent tax year |
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| 178 | + | resulting from a statutory change in a value used to calculate a tax |
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| 179 | + | rate. The forms may also be updated at the discretion of the |
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| 180 | + | comptroller to reflect formatting or other nonsubstantive changes. |
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| 181 | + | (i) The comptroller may revise the forms to reflect |
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| 182 | + | statutory changes other than those described by Subsection (h) or |
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| 183 | + | on receipt of a request in writing. A revision under this |
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| 184 | + | subsection must be approved by the agreement of a majority of the |
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| 185 | + | members of a committee selected by the comptroller who are present |
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| 186 | + | at a committee meeting at which a quorum is present. The members of |
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| 187 | + | the committee must represent, equally, taxpayers and either taxing |
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| 188 | + | units or persons designated by taxing units. In the case of a |
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| 189 | + | revision for which the comptroller receives a request in writing, |
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| 190 | + | the person requesting the revision shall pay the costs of mediation |
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| 191 | + | if the comptroller determines that mediation is required. |
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| 192 | + | SECTION 8. Section 5.091, Tax Code, is amended to read as |
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| 193 | + | follows: |
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| 194 | + | Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the |
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| 195 | + | comptroller shall prepare a list that includes the total tax rate |
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| 196 | + | imposed by each taxing unit in this state, as [other than a school |
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| 197 | + | district, if the tax rate is] reported to the comptroller by each |
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| 198 | + | appraisal district, for the year [preceding the year] in which the |
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| 199 | + | list is prepared. The comptroller shall: |
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| 200 | + | (1) prescribe the manner in which and deadline by |
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| 201 | + | which appraisal districts are required to submit the tax rates to |
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| 202 | + | the comptroller; and |
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| 203 | + | (2) list the tax rates alphabetically according to: |
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| 204 | + | (A) the county or counties in which each taxing |
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| 205 | + | unit is located; and |
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| 206 | + | (B) the name of each taxing unit [in descending |
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| 207 | + | order]. |
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| 208 | + | (b) Not later than January 1 [December 31] of the following |
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| 209 | + | [each] year, the comptroller shall publish on the comptroller's |
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| 210 | + | Internet website the list required by Subsection (a). |
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| 211 | + | SECTION 9. Sections 5.102(a) and (c), Tax Code, are amended |
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| 212 | + | to read as follows: |
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| 213 | + | (a) At least once every two years, the comptroller shall |
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| 214 | + | review the governance of each appraisal district, taxpayer |
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| 215 | + | assistance provided, and the operating and appraisal standards, |
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| 216 | + | procedures, and methodology used by each appraisal district, to |
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| 217 | + | determine compliance with generally accepted standards, |
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| 218 | + | procedures, and methodology, including compliance with standards, |
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| 219 | + | procedures, and methodology prescribed by appraisal manuals |
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| 220 | + | prepared and issued by the comptroller. After consultation with |
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| 221 | + | the property tax administration advisory board [committee created |
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| 222 | + | under Section 403.302, Government Code], the comptroller by rule |
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| 223 | + | may establish procedures and standards for conducting and scoring |
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| 224 | + | the review. |
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| 225 | + | (c) At the conclusion of the review, the comptroller shall, |
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| 226 | + | in writing, notify the appraisal district concerning its |
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| 227 | + | performance in the review. If the review results in a finding that |
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| 228 | + | an appraisal district is not in compliance with generally accepted |
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| 229 | + | standards, procedures, and methodology, including compliance with |
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| 230 | + | standards, procedures, and methodology prescribed by appraisal |
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| 231 | + | manuals prepared and issued by the comptroller, the comptroller |
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| 232 | + | shall deliver a report that details the comptroller's findings and |
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| 233 | + | recommendations for improvement to: |
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| 234 | + | (1) the appraisal district's chief appraiser and board |
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| 235 | + | of directors; and |
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| 236 | + | (2) the superintendent and board of trustees of each |
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| 237 | + | school district participating in the appraisal district. |
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| 238 | + | SECTION 10. Chapter 5, Tax Code, is amended by adding |
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| 239 | + | Section 5.104 to read as follows: |
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| 240 | + | Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The |
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| 241 | + | comptroller shall prepare: |
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| 242 | + | (1) an appraisal review board survey form that allows |
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| 243 | + | an individual described by Subsection (b) to submit comments and |
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| 244 | + | suggestions to the comptroller regarding an appraisal review board; |
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| 245 | + | and |
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| 246 | + | (2) instructions for completing and submitting the |
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| 247 | + | form. |
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| 248 | + | (b) The following individuals may complete and submit a |
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| 249 | + | survey form under this section: |
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| 250 | + | (1) a property owner who files a motion under Section |
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| 251 | + | 25.25 to correct the appraisal roll or a protest under Chapter 41; |
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| 252 | + | (2) the designated agent of the property owner; or |
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| 253 | + | (3) a designated representative of the appraisal |
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| 254 | + | district in which the motion or protest is filed who attends the |
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| 255 | + | hearing on the motion or protest. |
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| 256 | + | (c) The survey form must allow an individual to submit |
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| 257 | + | comments and suggestions regarding: |
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| 258 | + | (1) the matters listed in Section 5.103(b); and |
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| 259 | + | (2) any other matter related to the fairness and |
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| 260 | + | efficiency of the appraisal review board. |
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| 261 | + | (d) An appraisal district must provide the survey form and |
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| 262 | + | the instructions for completing and submitting the form to each |
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| 263 | + | property owner or designated agent of the owner at or before each |
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| 264 | + | hearing conducted under Section 25.25 or Chapter 41 by the |
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| 265 | + | appraisal review board established for the appraisal district or by |
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| 266 | + | a panel of the board. |
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| 267 | + | (e) An individual who elects to submit the survey form must |
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| 268 | + | submit the form to the comptroller as provided by this section. An |
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| 269 | + | appraisal district may not accept a survey form submitted under |
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| 270 | + | this section. An individual may submit only one survey form for |
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| 271 | + | each motion or protest. |
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| 272 | + | (f) The comptroller shall allow an individual to submit a |
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| 273 | + | survey form to the comptroller in the following manner: |
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| 274 | + | (1) in person; |
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| 275 | + | (2) by mail; |
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| 276 | + | (3) by electronic mail; or |
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| 277 | + | (4) through a web page on the comptroller's Internet |
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| 278 | + | website that allows the individual to complete and submit the form. |
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| 279 | + | (g) An appraisal district may not require a property owner |
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| 280 | + | or the designated agent of the owner to complete a survey form at |
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| 281 | + | the appraisal office in order to be permitted to submit the form to |
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| 282 | + | the comptroller. |
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| 283 | + | (h) A property owner, the designated agent of the owner, or |
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| 284 | + | a designated representative of an appraisal district who elects to |
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| 285 | + | submit a survey form must submit the form not later than the 45th |
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| 286 | + | day after the date the form is provided to the owner or agent under |
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| 287 | + | Subsection (d). |
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| 288 | + | (i) The comptroller shall issue an annual report that |
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| 289 | + | summarizes the information included in the survey forms submitted |
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| 290 | + | during the preceding year. The report may not disclose the identity |
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| 291 | + | of an individual who submitted a survey form. |
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| 292 | + | (j) The comptroller may adopt rules necessary to implement |
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| 293 | + | this section. |
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| 294 | + | SECTION 11. Section 5.13(d), Tax Code, is amended to read as |
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| 295 | + | follows: |
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| 296 | + | (d) In conducting a general audit, the comptroller shall |
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| 297 | + | consider and report on: |
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| 298 | + | (1) the extent to which the district complies with |
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| 299 | + | applicable law or generally accepted standards of appraisal or |
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| 300 | + | other relevant practice, including appraisal standards and |
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| 301 | + | practices prescribed by appraisal manuals prepared and issued by |
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| 302 | + | the comptroller; |
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| 303 | + | (2) the uniformity and level of appraisal of major |
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| 304 | + | kinds of property and the cause of any significant deviations from |
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| 305 | + | ideal uniformity and equality of appraisal of major kinds of |
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| 306 | + | property; |
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| 307 | + | (3) duplication of effort and efficiency of operation; |
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| 308 | + | (4) the general efficiency, quality of service, and |
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| 309 | + | qualification of appraisal district personnel; and |
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| 310 | + | (5) except as otherwise provided by Subsection (b) [of |
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| 311 | + | this section], any other matter included in the request for the |
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| 312 | + | audit. |
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| 313 | + | SECTION 12. Section 6.035(a-1), Tax Code, is amended to |
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| 314 | + | read as follows: |
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| 315 | + | (a-1) An individual is ineligible to serve on an appraisal |
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| 316 | + | district board of directors if the individual has engaged in the |
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| 317 | + | business of appraising property for compensation for use in |
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| 318 | + | proceedings under this title or of representing property owners for |
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| 319 | + | compensation in proceedings under this title in the appraisal |
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| 320 | + | district at any time during the preceding three [five] years. |
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| 321 | + | SECTION 13. Section 6.05, Tax Code, is amended by adding |
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| 322 | + | Subsection (k) to read as follows: |
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| 323 | + | (k) The chief appraiser shall establish an office of tax |
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| 324 | + | notices in the appraisal district. The office is responsible for |
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| 325 | + | delivering the notice required by Section 26.04(e-2) and creating |
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| 326 | + | and maintaining the database required by Section 26.17. The office |
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| 327 | + | is administered by the tax notice officer, who is appointed by and |
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| 328 | + | serves at the pleasure of the chief appraiser. The chief appraiser |
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| 329 | + | may designate other personnel to assist the tax notice officer in |
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| 330 | + | performing the functions of the office. In all communications, the |
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| 331 | + | office must identify itself as the "(insert name of county in which |
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| 332 | + | appraisal district is established) County Office of Tax Notices" |
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| 333 | + | rather than as the appraisal district. |
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| 334 | + | SECTION 14. Section 6.15, Tax Code, is amended by adding |
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| 335 | + | Subsection (c-1) to read as follows: |
---|
| 336 | + | (c-1) Subsections (a) and (b) do not prohibit a member of |
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| 337 | + | the board of directors of an appraisal district from transmitting |
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| 338 | + | to the chief appraiser without comment a complaint by a property |
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| 339 | + | owner or taxing unit about the appraisal of a specific property, |
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| 340 | + | provided that the transmission is in writing. |
---|
| 341 | + | SECTION 15. Section 6.41, Tax Code, is amended by amending |
---|
| 342 | + | Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and |
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| 343 | + | (d-10) to read as follows: |
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| 344 | + | (b) Except as provided by Subsection (b-1) or (b-2), an |
---|
| 345 | + | appraisal review [The] board consists of three members. |
---|
| 346 | + | (b-1) An appraisal [However, the] district board of |
---|
| 347 | + | directors by resolution of a majority of the board's [its] members |
---|
| 348 | + | may increase the size of the district's appraisal review board to |
---|
| 349 | + | the number of members the board of directors considers appropriate. |
---|
| 350 | + | (b-2) An appraisal district board of directors for a |
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| 351 | + | district established in a county with a population of one million or |
---|
| 352 | + | more by resolution of a majority of the board's members shall |
---|
| 353 | + | increase the size of the district's appraisal review board to the |
---|
| 354 | + | number of members the board of directors considers appropriate to |
---|
| 355 | + | manage the duties of the appraisal review board, including the |
---|
| 356 | + | duties of each special panel established under Section 6.425. |
---|
| 357 | + | (d-9) In selecting individuals who are to serve as members |
---|
| 358 | + | of the appraisal review board for an appraisal district described |
---|
| 359 | + | by Subsection (b-2), the local administrative district judge shall |
---|
| 360 | + | select an adequate number of qualified individuals to permit the |
---|
| 361 | + | chairman of the appraisal review board to fill the positions on each |
---|
| 362 | + | special panel established under Section 6.425. |
---|
| 363 | + | (d-10) Upon selection of the individuals who are to serve as |
---|
| 364 | + | members of the appraisal review board, the local administrative |
---|
| 365 | + | district judge shall enter an appropriate order designating such |
---|
| 366 | + | members and setting each member's respective term of office, as |
---|
| 367 | + | provided elsewhere in this section. |
---|
| 368 | + | SECTION 16. Sections 6.412(a) and (d), Tax Code, are |
---|
| 369 | + | amended to read as follows: |
---|
| 370 | + | (a) An individual is ineligible to serve on an appraisal |
---|
| 371 | + | review board if the individual: |
---|
| 372 | + | (1) is related within the second degree by |
---|
| 373 | + | consanguinity or affinity, as determined under Chapter 573, |
---|
| 374 | + | Government Code, to an individual who is engaged in the business of |
---|
| 375 | + | appraising property for compensation for use in proceedings under |
---|
| 376 | + | this title or of representing property owners for compensation in |
---|
| 377 | + | proceedings under this title in the appraisal district for which |
---|
| 378 | + | the appraisal review board is established; |
---|
| 379 | + | (2) owns property on which delinquent taxes have been |
---|
| 380 | + | owed to a taxing unit for more than 60 days after the date the |
---|
| 381 | + | individual knew or should have known of the delinquency unless: |
---|
| 382 | + | (A) the delinquent taxes and any penalties and |
---|
| 383 | + | interest are being paid under an installment payment agreement |
---|
| 384 | + | under Section 33.02; or |
---|
| 385 | + | (B) a suit to collect the delinquent taxes is |
---|
| 386 | + | deferred or abated under Section 33.06 or 33.065; or |
---|
| 387 | + | (3) is related within the third degree by |
---|
| 388 | + | consanguinity or within the second degree by affinity, as |
---|
| 389 | + | determined under Chapter 573, Government Code, to a member of: |
---|
| 390 | + | (A) the appraisal district's board of directors; |
---|
| 391 | + | or |
---|
| 392 | + | (B) the appraisal review board. |
---|
| 393 | + | (d) A person is ineligible to serve on the appraisal review |
---|
| 394 | + | board of an appraisal district established for a county described |
---|
| 395 | + | by Section 6.41(d-1) [having a population of more than 100,000] if |
---|
| 396 | + | the person: |
---|
| 397 | + | (1) is a former member of the board of directors, |
---|
| 398 | + | former officer, or former employee of the appraisal district; |
---|
| 399 | + | (2) served as a member of the governing body or officer |
---|
| 400 | + | of a taxing unit for which the appraisal district appraises |
---|
| 401 | + | property, until the fourth anniversary of the date the person |
---|
| 402 | + | ceased to be a member or officer; [or] |
---|
| 403 | + | (3) appeared before the appraisal review board for |
---|
| 404 | + | compensation during the two-year period preceding the date the |
---|
| 405 | + | person is appointed; or |
---|
| 406 | + | (4) served for all or part of three previous terms as a |
---|
| 407 | + | board member or auxiliary board member on the appraisal review |
---|
| 408 | + | board. |
---|
| 409 | + | SECTION 17. Section 6.414(d), Tax Code, is amended to read |
---|
| 410 | + | as follows: |
---|
| 411 | + | (d) An auxiliary board member may hear taxpayer protests |
---|
| 412 | + | before the appraisal review board. An auxiliary board member may |
---|
| 413 | + | not hear taxpayer protests before a special panel established under |
---|
| 414 | + | Section 6.425 unless the member is eligible to be appointed to the |
---|
| 415 | + | special panel. If one or more auxiliary board members sit on a |
---|
| 416 | + | panel established under Section 6.425 or 41.45 to conduct a protest |
---|
| 417 | + | hearing, the number of regular appraisal review board members |
---|
| 418 | + | required by that section to constitute the panel is reduced by the |
---|
| 419 | + | number of auxiliary board members sitting. An auxiliary board |
---|
| 420 | + | member sitting on a panel is considered a regular board member for |
---|
| 421 | + | all purposes related to the conduct of the hearing. |
---|
| 422 | + | SECTION 18. Section 6.42(a), Tax Code, is amended to read as |
---|
| 423 | + | follows: |
---|
| 424 | + | (a) A majority of the appraisal review board constitutes a |
---|
| 425 | + | quorum. The local administrative district judge under Subchapter |
---|
| 426 | + | D, Chapter 74, Government Code, in the county in which [board of |
---|
| 427 | + | directors of] the appraisal district is established [by resolution] |
---|
| 428 | + | shall select a chairman and a secretary from among the members of |
---|
| 429 | + | the appraisal review board. The judge [board of directors of the |
---|
| 430 | + | appraisal district] is encouraged to select as chairman [of the |
---|
| 431 | + | appraisal review board] a member of the appraisal review board, if |
---|
| 432 | + | any, who has a background in law and property appraisal. |
---|
| 433 | + | SECTION 19. Section 6.42, Tax Code, is amended by adding |
---|
| 434 | + | Subsection (d) to read as follows: |
---|
| 435 | + | (d) The concurrence of a majority of the members of the |
---|
| 436 | + | appraisal review board or a panel of the board present at a meeting |
---|
| 437 | + | of the board or panel is sufficient for a recommendation, |
---|
| 438 | + | determination, decision, or other action by the board or panel, and |
---|
| 439 | + | the concurrence of more than a majority of the members of the board |
---|
| 440 | + | or panel may not be required. |
---|
| 441 | + | SECTION 20. Subchapter C, Chapter 6, Tax Code, is amended by |
---|
| 442 | + | adding Section 6.425 to read as follows: |
---|
| 443 | + | Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN |
---|
| 444 | + | CERTAIN DISTRICTS. (a) This section applies only to the appraisal |
---|
| 445 | + | review board for an appraisal district described by Section |
---|
| 446 | + | 6.41(b-2). |
---|
| 447 | + | (b) The appraisal review board shall establish special |
---|
| 448 | + | panels to conduct protest hearings under Chapter 41 relating to |
---|
| 449 | + | property that: |
---|
| 450 | + | (1) has an appraised value of $50 million or more as |
---|
| 451 | + | determined by the appraisal district; and |
---|
| 452 | + | (2) is included in one of the following |
---|
| 453 | + | classifications: |
---|
| 454 | + | (A) commercial real and personal property; |
---|
| 455 | + | (B) real and personal property of utilities; |
---|
| 456 | + | (C) industrial and manufacturing real and |
---|
| 457 | + | personal property; and |
---|
| 458 | + | (D) multifamily residential real property. |
---|
| 459 | + | (c) Each special panel described by this section consists of |
---|
| 460 | + | three members of the appraisal review board appointed by the |
---|
| 461 | + | chairman of the board. |
---|
| 462 | + | (d) To be eligible to be appointed to a special panel |
---|
| 463 | + | described by this section, a member of the appraisal review board |
---|
| 464 | + | must: |
---|
| 465 | + | (1) hold a juris doctor or equivalent degree; |
---|
| 466 | + | (2) hold a master of business administration degree; |
---|
| 467 | + | (3) be licensed as a certified public accountant under |
---|
| 468 | + | Chapter 901, Occupations Code; |
---|
| 469 | + | (4) be accredited by the American Society of |
---|
| 470 | + | Appraisers as an accredited senior appraiser; |
---|
| 471 | + | (5) possess an MAI professional designation from the |
---|
| 472 | + | Appraisal Institute; |
---|
| 473 | + | (6) possess a Certified Assessment Evaluator (CAE) |
---|
| 474 | + | professional designation from the International Association of |
---|
| 475 | + | Assessing Officers; |
---|
| 476 | + | (7) have at least 10 years of experience in property |
---|
| 477 | + | tax appraisal or consulting; or |
---|
| 478 | + | (8) be licensed as a real estate broker or sales agent |
---|
| 479 | + | under Chapter 1101, Occupations Code. |
---|
| 480 | + | (e) Notwithstanding Subsection (d), the chairman of the |
---|
| 481 | + | appraisal review board may appoint to a special panel described by |
---|
| 482 | + | this section a member of the appraisal review board who does not |
---|
| 483 | + | meet the qualifications prescribed by that subsection if: |
---|
| 484 | + | (1) the number of persons appointed to the board by the |
---|
| 485 | + | local administrative district judge who meet those qualifications |
---|
| 486 | + | is not sufficient to fill the positions on each special panel; and |
---|
| 487 | + | (2) the board member being appointed to the panel |
---|
| 488 | + | holds a bachelor's degree in any field. |
---|
| 489 | + | (f) In addition to conducting protest hearings relating to |
---|
| 490 | + | property described by Subsection (b) of this section, a special |
---|
| 491 | + | panel may conduct protest hearings under Chapter 41 relating to |
---|
| 492 | + | property not described by Subsection (b) of this section as |
---|
| 493 | + | assigned by the chairman of the appraisal review board. |
---|
| 494 | + | SECTION 21. Section 11.4391(a), Tax Code, is amended to |
---|
| 495 | + | read as follows: |
---|
| 496 | + | (a) The chief appraiser shall accept and approve or deny an |
---|
| 497 | + | application for an exemption for freeport goods under Section |
---|
| 498 | + | 11.251 after the deadline for filing it has passed if it is filed |
---|
| 499 | + | not later than June 1 [before the date the appraisal review board |
---|
| 500 | + | approves the appraisal records]. |
---|
| 501 | + | SECTION 22. Section 22.23, Tax Code, is amended to read as |
---|
| 502 | + | follows: |
---|
| 503 | + | Sec. 22.23. FILING DATE. (a) Rendition statements and |
---|
| 504 | + | property reports must be delivered to the chief appraiser after |
---|
| 505 | + | January 1 and not later than April 1 [15], except as provided by |
---|
| 506 | + | Section 22.02. |
---|
| 507 | + | (b) On written request by the property owner, the chief |
---|
| 508 | + | appraiser shall extend a deadline for filing a rendition statement |
---|
| 509 | + | or property report to a date not later than May 1 [15]. The chief |
---|
| 510 | + | appraiser may further extend the deadline an additional 15 days |
---|
| 511 | + | upon good cause shown in writing by the property owner. |
---|
| 512 | + | (c) Notwithstanding any other provision of this section, |
---|
| 513 | + | rendition statements and property reports for property regulated by |
---|
| 514 | + | the Public Utility Commission of Texas, the Railroad Commission of |
---|
| 515 | + | Texas, the federal Surface Transportation Board, or the Federal |
---|
| 516 | + | Energy Regulatory Commission must be delivered to the chief |
---|
| 517 | + | appraiser not later than April 30, except as provided by Section |
---|
| 518 | + | 22.02. The chief appraiser may extend the filing deadline 15 days |
---|
| 519 | + | for good cause shown in writing by the property owner. |
---|
| 520 | + | SECTION 23. Section 23.01(b), Tax Code, is amended to read |
---|
| 521 | + | as follows: |
---|
| 522 | + | (b) The market value of property shall be determined by the |
---|
| 523 | + | application of generally accepted appraisal methods and |
---|
| 524 | + | techniques, including appraisal methods and techniques prescribed |
---|
| 525 | + | by appraisal manuals prepared and issued by the comptroller. If the |
---|
| 526 | + | appraisal district determines the appraised value of a property |
---|
| 527 | + | using mass appraisal standards, the mass appraisal standards must |
---|
| 528 | + | comply with the Uniform Standards of Professional Appraisal |
---|
| 529 | + | Practice. The same or similar appraisal methods and techniques |
---|
| 530 | + | shall be used in appraising the same or similar kinds of property. |
---|
| 531 | + | However, each property shall be appraised based upon the individual |
---|
| 532 | + | characteristics that affect the property's market value, and all |
---|
| 533 | + | available evidence that is specific to the value of the property |
---|
| 534 | + | shall be taken into account in determining the property's market |
---|
| 535 | + | value. |
---|
| 536 | + | SECTION 24. Sections 25.19(a) and (g), Tax Code, are |
---|
| 537 | + | amended to read as follows: |
---|
| 538 | + | (a) By April 15 [1] or as soon thereafter as practicable [if |
---|
| 539 | + | the property is a single-family residence that qualifies for an |
---|
| 540 | + | exemption under Section 11.13, or by May 1 or as soon thereafter as |
---|
| 541 | + | practicable in connection with any other property], the chief |
---|
| 542 | + | appraiser shall deliver a clear and understandable written notice |
---|
| 543 | + | to a property owner of the appraised value of the property owner's |
---|
| 544 | + | property if: |
---|
| 545 | + | (1) the appraised value of the property is greater |
---|
| 546 | + | than it was in the preceding year; |
---|
| 547 | + | (2) the appraised value of the property is greater |
---|
| 548 | + | than the value rendered by the property owner; |
---|
| 549 | + | (3) the property was not on the appraisal roll in the |
---|
| 550 | + | preceding year; or |
---|
| 551 | + | (4) an exemption or partial exemption approved for the |
---|
| 552 | + | property for the preceding year was canceled or reduced for the |
---|
| 553 | + | current year. |
---|
| 554 | + | (g) By April 15 [1] or as soon thereafter as practicable [if |
---|
| 555 | + | the property is a single-family residence that qualifies for an |
---|
| 556 | + | exemption under Section 11.13, or by May 1 or as soon thereafter as |
---|
| 557 | + | practicable in connection with any other property], the chief |
---|
| 558 | + | appraiser shall deliver a written notice to the owner of each |
---|
| 559 | + | property not included in a notice required to be delivered under |
---|
| 560 | + | Subsection (a), if the property was reappraised in the current tax |
---|
| 561 | + | year, if the ownership of the property changed during the preceding |
---|
| 562 | + | year, or if the property owner or the agent of a property owner |
---|
| 563 | + | authorized under Section 1.111 makes a written request for the |
---|
| 564 | + | notice. The chief appraiser shall separate real from personal |
---|
| 565 | + | property and include in the notice for each property: |
---|
| 566 | + | (1) the appraised value of the property in the |
---|
| 567 | + | preceding year; |
---|
| 568 | + | (2) the appraised value of the property for the |
---|
| 569 | + | current year and the kind of each partial exemption, if any, |
---|
| 570 | + | approved for the current year; |
---|
| 571 | + | (3) a detailed explanation of the time and procedure |
---|
| 572 | + | for protesting the value; and |
---|
| 573 | + | (4) the date and place the appraisal review board will |
---|
| 574 | + | begin hearing protests. |
---|
| 575 | + | SECTION 25. Effective January 1, 2019, Section 25.19, Tax |
---|
| 576 | + | Code, is amended by adding Subsections (b-3) and (b-4) to read as |
---|
| 577 | + | follows: |
---|
| 578 | + | (b-3) This subsection applies only to an appraisal district |
---|
| 579 | + | described by Section 6.41(b-2). In addition to the information |
---|
| 580 | + | required by Subsection (b), the chief appraiser shall state in a |
---|
| 581 | + | notice of appraised value of property described by Section 6.425(b) |
---|
| 582 | + | that the property owner has the right to have a protest relating to |
---|
| 583 | + | the property heard by a special panel of the appraisal review board. |
---|
| 584 | + | (b-4) Subsection (b)(5) applies only to a notice of |
---|
| 585 | + | appraised value required to be delivered by the chief appraiser of |
---|
| 586 | + | an appraisal district established in a county with a population of |
---|
| 587 | + | less than 120,000. This subsection expires January 1, 2020. |
---|
| 588 | + | SECTION 26. Effective January 1, 2020, Sections 25.19(b) |
---|
| 589 | + | and (i), Tax Code, are amended to read as follows: |
---|
| 590 | + | (b) The chief appraiser shall separate real from personal |
---|
| 591 | + | property and include in the notice for each: |
---|
| 592 | + | (1) a list of the taxing units in which the property is |
---|
| 593 | + | taxable; |
---|
| 594 | + | (2) the appraised value of the property in the |
---|
| 595 | + | preceding year; |
---|
| 596 | + | (3) the taxable value of the property in the preceding |
---|
| 597 | + | year for each taxing unit taxing the property; |
---|
| 598 | + | (4) the appraised value of the property for the |
---|
| 599 | + | current year, the kind and amount of each exemption and partial |
---|
| 600 | + | exemption, if any, approved for the property for the current year |
---|
| 601 | + | and for the preceding year, and, if an exemption or partial |
---|
| 602 | + | exemption that was approved for the preceding year was canceled or |
---|
| 603 | + | reduced for the current year, the amount of the exemption or partial |
---|
| 604 | + | exemption canceled or reduced; |
---|
| 605 | + | (5) [if the appraised value is greater than it was in |
---|
| 606 | + | the preceding year, the amount of tax that would be imposed on the |
---|
| 607 | + | property on the basis of the tax rate for the preceding year; |
---|
| 608 | + | [(6)] in italic typeface, the following statement: |
---|
| 609 | + | "The Texas Legislature does not set the amount of your local taxes. |
---|
| 610 | + | Your property tax burden is decided by your locally elected |
---|
| 611 | + | officials, and all inquiries concerning your taxes should be |
---|
| 612 | + | directed to those officials"; |
---|
| 613 | + | (6) [(7)] a detailed explanation of the time and |
---|
| 614 | + | procedure for protesting the value; |
---|
| 615 | + | (7) [(8)] the date and place the appraisal review |
---|
| 616 | + | board will begin hearing protests; and |
---|
| 617 | + | (8) [(9)] a brief explanation that the governing body |
---|
| 618 | + | of each taxing unit decides whether or not taxes on the property |
---|
| 619 | + | will increase and the appraisal district only determines the value |
---|
| 620 | + | of the property. |
---|
| 621 | + | (i) Delivery with a notice required by Subsection (a) or (g) |
---|
| 622 | + | of a copy of the pamphlet published by the comptroller under Section |
---|
| 623 | + | 5.06 or a copy of the notice published by the chief appraiser under |
---|
| 624 | + | Section 41.70 is sufficient to comply with the requirement that the |
---|
| 625 | + | notice include the information specified by Subsection (b)(6) |
---|
| 626 | + | [(b)(7)] or (g)(3), as applicable. |
---|
| 627 | + | SECTION 27. Section 25.22(a), Tax Code, is amended to read |
---|
| 628 | + | as follows: |
---|
| 629 | + | (a) By May 1 [15] or as soon thereafter as practicable, the |
---|
| 630 | + | chief appraiser shall submit the completed appraisal records to the |
---|
| 631 | + | appraisal review board for review and determination of protests. |
---|
| 632 | + | However, the chief appraiser may not submit the records until the |
---|
| 633 | + | chief appraiser has delivered the notices required by Subsection |
---|
| 634 | + | (d) of Section 11.45, Subsection (d) of Section 23.44, Subsection |
---|
| 635 | + | (d) of Section 23.57, Subsection (d) of Section 23.79, Subsection |
---|
| 636 | + | (d) of Section 23.85, Subsection (d) of Section 23.95, Subsection |
---|
| 637 | + | (d) of Section 23.9805, and Section 25.19. |
---|
| 638 | + | SECTION 28. Sections 26.01(a) and (e), Tax Code, are |
---|
| 639 | + | amended to read as follows: |
---|
| 640 | + | (a) By July 10 [25], the chief appraiser shall prepare and |
---|
| 641 | + | certify to the assessor for each taxing unit participating in the |
---|
| 642 | + | district that part of the appraisal roll for the district that lists |
---|
| 643 | + | the property taxable by the unit. The part certified to the |
---|
| 644 | + | assessor is the appraisal roll for the unit. The chief appraiser |
---|
| 645 | + | shall consult with the assessor for each taxing unit and notify each |
---|
| 646 | + | unit in writing by April 1 of the form in which the roll will be |
---|
| 647 | + | provided to each unit. |
---|
| 648 | + | (e) Except as provided by Subsection (f), not later than May |
---|
| 649 | + | 15 [April 30], the chief appraiser shall prepare and certify to the |
---|
| 650 | + | assessor for each county, municipality, and school district |
---|
| 651 | + | participating in the appraisal district an estimate of the taxable |
---|
| 652 | + | value of property in that taxing unit. The chief appraiser shall |
---|
| 653 | + | assist each county, municipality, and school district in |
---|
| 654 | + | determining values of property in that taxing unit for the taxing |
---|
| 655 | + | unit's budgetary purposes. |
---|
| 656 | + | SECTION 29. Section 26.012, Tax Code, is amended by |
---|
| 657 | + | amending Subdivisions (9) and (10) and adding Subdivision (19) to |
---|
| 658 | + | read as follows: |
---|
| 659 | + | (9) "Equivalent [Effective] maintenance and |
---|
| 660 | + | operations rate" means a rate expressed in dollars per $100 of |
---|
| 661 | + | taxable value and calculated according to the following formula: |
---|
| 662 | + | EQUIVALENT [EFFECTIVE] MAINTENANCE AND OPERATIONS |
---|
| 663 | + | RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST |
---|
| 664 | + | YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - |
---|
| 665 | + | NEW PROPERTY VALUE) |
---|
| 666 | + | (10) "Excess collections" means the amount, if any, by |
---|
| 667 | + | which debt taxes collected in the preceding year exceeded the |
---|
| 668 | + | amount anticipated in the preceding year's calculation of the |
---|
| 669 | + | rollback tax rate, as certified by the collector under Section |
---|
| 670 | + | 26.04(b) [of this code]. |
---|
| 671 | + | (19) "Small taxing unit" means a taxing unit, other |
---|
| 672 | + | than a school district, for which the sum of property tax proposed |
---|
| 673 | + | to be collected for the tax year and sales and use tax projected to |
---|
| 674 | + | be received from the state comptroller during the fiscal period is |
---|
| 675 | + | $20 million or less. |
---|
| 676 | + | SECTION 30. The heading to Section 26.04, Tax Code, is |
---|
| 677 | + | amended to read as follows: |
---|
| 678 | + | Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
---|
| 679 | + | EQUIVALENT [EFFECTIVE] AND ROLLBACK TAX RATES. |
---|
| 680 | + | SECTION 31. Section 26.04, Tax Code, is amended by amending |
---|
| 681 | + | Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and |
---|
| 682 | + | adding Subsections (c-1), (d-1), (d-2), (d-3), (e-2), (e-3), (e-4), |
---|
| 683 | + | (e-5), (h-1), and (h-2) to read as follows: |
---|
| 684 | + | (b) The assessor shall submit the appraisal roll for the |
---|
| 685 | + | unit showing the total appraised, assessed, and taxable values of |
---|
| 686 | + | all property and the total taxable value of new property to the |
---|
| 687 | + | governing body of the unit by July 15 [August 1] or as soon |
---|
| 688 | + | thereafter as practicable. By July 15 [August 1] or as soon |
---|
| 689 | + | thereafter as practicable, the taxing unit's collector shall |
---|
| 690 | + | certify [an estimate of] the anticipated collection rate as |
---|
| 691 | + | calculated under Subsections (h), (h-1), and (h-2) for the current |
---|
| 692 | + | year to the governing body. If the collector certified an |
---|
| 693 | + | anticipated collection rate in the preceding year and the actual |
---|
| 694 | + | collection rate in that year exceeded the anticipated rate, the |
---|
| 695 | + | collector shall also certify the amount of debt taxes collected in |
---|
| 696 | + | excess of the anticipated amount in the preceding year. |
---|
| 697 | + | (c) After the assessor for the unit submits the appraisal |
---|
| 698 | + | roll for the unit to the governing body of the unit as required by |
---|
| 699 | + | Subsection (b), an [An] officer or employee designated by the |
---|
| 700 | + | governing body shall calculate the equivalent [effective] tax rate |
---|
| 701 | + | and the rollback tax rate for the unit, where: |
---|
| 702 | + | (1) "Equivalent [Effective] tax rate" means a rate |
---|
| 703 | + | expressed in dollars per $100 of taxable value calculated according |
---|
| 704 | + | to the following formula: |
---|
| 705 | + | EQUIVALENT [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY - |
---|
| 706 | + | LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
---|
| 707 | + | PROPERTY VALUE) |
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64 | | - | SECTION 3. Section 26.041, Tax Code, is amended by amending |
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65 | | - | Subsections (a), (b), and (c) and adding Subsection (c-1) to read as |
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66 | | - | follows: |
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| 738 | + | (d) The equivalent [effective] tax rate for a county is the |
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| 739 | + | sum of the equivalent [effective] tax rates calculated for each |
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| 740 | + | type of tax the county levies and the rollback tax rate for a county |
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| 741 | + | is the sum of the rollback tax rates calculated for each type of tax |
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| 742 | + | the county levies. |
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| 743 | + | (d-1) The designated officer or employee shall use the tax |
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| 744 | + | rate calculation forms prescribed by the comptroller under Section |
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| 745 | + | 5.07 in calculating the equivalent tax rate and the rollback tax |
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| 746 | + | rate. |
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| 747 | + | (d-2) The designated officer or employee may not submit the |
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| 748 | + | equivalent tax rate and the rollback tax rate to the governing body |
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| 749 | + | of the taxing unit and the unit may not adopt a tax rate until the |
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| 750 | + | designated officer or employee certifies on the tax rate |
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| 751 | + | calculation forms that the designated officer or employee has |
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| 752 | + | accurately calculated the tax rates and has used values that are the |
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| 753 | + | same as the values shown in the unit's certified appraisal roll in |
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| 754 | + | performing the calculations. |
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| 755 | + | (d-3) As soon as practicable after the designated officer or |
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| 756 | + | employee calculates the equivalent tax rate and the rollback tax |
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| 757 | + | rate of the taxing unit, the designated officer or employee shall |
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| 758 | + | submit the tax rate calculation forms used in calculating the rates |
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| 759 | + | to the county assessor-collector for each county in which all or |
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| 760 | + | part of the territory of the unit is located. |
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| 761 | + | (e) By July 22 [August 7] or as soon thereafter as |
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| 762 | + | practicable, the designated officer or employee shall submit the |
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| 763 | + | rates to the governing body. By July 27, the designated officer or |
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| 764 | + | employee [He] shall deliver by mail to each property owner in the |
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| 765 | + | unit or publish in a newspaper, and shall also post prominently on |
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| 766 | + | the home page of the unit's Internet website if published in a |
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| 767 | + | newspaper, in the form prescribed by the comptroller: |
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| 768 | + | (1) the equivalent [effective] tax rate, the rollback |
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| 769 | + | tax rate, and an explanation of how they were calculated; |
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| 770 | + | (2) the estimated amount of interest and sinking fund |
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| 771 | + | balances and the estimated amount of maintenance and operation or |
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| 772 | + | general fund balances remaining at the end of the current fiscal |
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| 773 | + | year that are not encumbered with or by corresponding existing debt |
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| 774 | + | obligation; |
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| 775 | + | (3) a schedule of the unit's debt obligations showing: |
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| 776 | + | (A) the amount of principal and interest that |
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| 777 | + | will be paid to service the unit's debts in the next year from |
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| 778 | + | property tax revenue, including payments of lawfully incurred |
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| 779 | + | contractual obligations providing security for the payment of the |
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| 780 | + | principal of and interest on bonds and other evidences of |
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| 781 | + | indebtedness issued on behalf of the unit by another political |
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| 782 | + | subdivision and, if the unit is created under Section 52, Article |
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| 783 | + | III, or Section 59, Article XVI, Texas Constitution, payments on |
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| 784 | + | debts that the unit anticipates to incur in the next calendar year; |
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| 785 | + | (B) the amount by which taxes imposed for debt |
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| 786 | + | are to be increased because of the unit's anticipated collection |
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| 787 | + | rate; and |
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| 788 | + | (C) the total of the amounts listed in Paragraphs |
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| 789 | + | (A)-(B), less any amount collected in excess of the previous year's |
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| 790 | + | anticipated collections certified as provided in Subsection (b); |
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| 791 | + | (4) the amount of additional sales and use tax revenue |
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| 792 | + | anticipated in calculations under Section 26.041; |
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| 793 | + | (5) a statement that the adoption of a tax rate equal |
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| 794 | + | to the equivalent [effective] tax rate would result in an increase |
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| 795 | + | or decrease, as applicable, in the amount of taxes imposed by the |
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| 796 | + | unit as compared to last year's levy, and the amount of the increase |
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| 797 | + | or decrease; |
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| 798 | + | (6) in the year that a taxing unit calculates an |
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| 799 | + | adjustment under Subsection (i) or (j), a schedule that includes |
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| 800 | + | the following elements: |
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| 801 | + | (A) the name of the unit discontinuing the |
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| 802 | + | department, function, or activity; |
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| 803 | + | (B) the amount of property tax revenue spent by |
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| 804 | + | the unit listed under Paragraph (A) to operate the discontinued |
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| 805 | + | department, function, or activity in the 12 months preceding the |
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| 806 | + | month in which the calculations required by this chapter are made; |
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| 807 | + | and |
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| 808 | + | (C) the name of the unit that operates a distinct |
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| 809 | + | department, function, or activity in all or a majority of the |
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| 810 | + | territory of a taxing unit that has discontinued operating the |
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| 811 | + | distinct department, function, or activity; and |
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| 812 | + | (7) in the year following the year in which a taxing |
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| 813 | + | unit raised its rollback tax rate as required by Subsection (j), a |
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| 814 | + | schedule that includes the following elements: |
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| 815 | + | (A) the amount of property tax revenue spent by |
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| 816 | + | the unit to operate the department, function, or activity for which |
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| 817 | + | the taxing unit raised the rollback tax rate as required by |
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| 818 | + | Subsection (j) for the 12 months preceding the month in which the |
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| 819 | + | calculations required by this chapter are made; and |
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| 820 | + | (B) the amount published by the unit in the |
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| 821 | + | preceding tax year under Subdivision (6)(B). |
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| 822 | + | (e-1) The tax rate certification requirements imposed by |
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| 823 | + | Subsection (d-2) and the notice requirements imposed by Subsections |
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| 824 | + | (e)(1)-(6) do not apply to a school district. |
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| 825 | + | (e-2) By July 22 or as soon thereafter as practicable, the |
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| 826 | + | tax notice officer of each appraisal district shall deliver by |
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| 827 | + | regular mail or e-mail to each owner of property located in the |
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| 828 | + | appraisal district a notice that the estimated amount of taxes to be |
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| 829 | + | imposed on the owner's property by each taxing unit in which the |
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| 830 | + | property is located may be found in the real-time tax database |
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| 831 | + | maintained by the tax notice officer under Section 26.17. The |
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| 832 | + | notice must include: |
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| 833 | + | (1) the following statement: |
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| 834 | + | "PROPOSED (tax year) PROPERTY TAX BILL INFORMATION |
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| 835 | + | "Information concerning the (insert tax year) property taxes |
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| 836 | + | on your property proposed by your local taxing units, together with |
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| 837 | + | information about expressing your support for or opposition to the |
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| 838 | + | proposed property taxes, may be found in the real-time tax notice at |
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| 839 | + | the website listed below: |
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| 840 | + | "(address of the Internet website at which the information |
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| 841 | + | may be found)"; |
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| 842 | + | (2) a statement that the property owner may request |
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| 843 | + | from the county assessor-collector contact information for the |
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| 844 | + | assessor for each taxing unit in which the property is located, who |
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| 845 | + | must provide the information described by this subsection to the |
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| 846 | + | owner on request; and |
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| 847 | + | (3) the address and telephone number of the county |
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| 848 | + | assessor-collector. |
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| 849 | + | (e-3) The heading of the statement described by Subsection |
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| 850 | + | (e-2)(1) must be in bold, capital letters in typeset larger than |
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| 851 | + | that used in the other provisions of the notice. |
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| 852 | + | (e-4) The comptroller may adopt rules regarding the format |
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| 853 | + | and delivery of the notice required by Subsection (e-2). |
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| 854 | + | (e-5) The governing body of a taxing unit shall include as |
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| 855 | + | an appendix to the unit's budget for a fiscal year the tax rate |
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| 856 | + | calculation forms used by the designated officer or employee of the |
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| 857 | + | unit to calculate the equivalent tax rate and the rollback tax rate |
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| 858 | + | of the unit for the tax year in which the fiscal year begins. |
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| 859 | + | (f) If as a result of consolidation of taxing units a taxing |
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| 860 | + | unit includes territory that was in two or more taxing units in the |
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| 861 | + | preceding year, the amount of taxes imposed in each in the preceding |
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| 862 | + | year is combined for purposes of calculating the equivalent |
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| 863 | + | [effective] and rollback tax rates under this section. |
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| 864 | + | (g) A person who owns taxable property is entitled to an |
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| 865 | + | injunction prohibiting the taxing unit in which the property is |
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| 866 | + | taxable from adopting a tax rate if the assessor or designated |
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| 867 | + | officer or employee of the unit, the tax notice officer of the |
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| 868 | + | applicable appraisal district, or the taxing unit, as applicable, |
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| 869 | + | has not complied with the computation, [or] publication, or posting |
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| 870 | + | requirements of this section or Section 26.16, 26.17, or 26.18 [and |
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| 871 | + | the failure to comply was not in good faith]. It is a defense in an |
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| 872 | + | action for an injunction under this subsection that the failure to |
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| 873 | + | comply was in good faith. |
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| 874 | + | (h-1) Notwithstanding Subsection (h), if the anticipated |
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| 875 | + | collection rate of a taxing unit as calculated under that |
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| 876 | + | subsection is lower than the lowest actual collection rate of the |
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| 877 | + | taxing unit for any of the preceding three years, the anticipated |
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| 878 | + | collection rate of the taxing unit for purposes of this section is |
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| 879 | + | equal to the lowest actual collection rate of the taxing unit for |
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| 880 | + | any of the preceding three years. |
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| 881 | + | (h-2) The anticipated collection rate of a taxing unit for |
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| 882 | + | purposes of this section is the rate calculated under Subsection |
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| 883 | + | (h) as modified by Subsection (h-1), if applicable, regardless of |
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| 884 | + | whether that rate exceeds 100 percent. |
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| 885 | + | (i) This subsection applies to a taxing unit that has agreed |
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| 886 | + | by written contract to transfer a distinct department, function, or |
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| 887 | + | activity to another taxing unit and discontinues operating that |
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| 888 | + | distinct department, function, or activity if the operation of that |
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| 889 | + | department, function, or activity in all or a majority of the |
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| 890 | + | territory of the taxing unit is continued by another existing |
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| 891 | + | taxing unit or by a new taxing unit. The rollback tax rate of a |
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| 892 | + | taxing unit to which this subsection applies in the first tax year |
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| 893 | + | in which a budget is adopted that does not allocate revenue to the |
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| 894 | + | discontinued department, function, or activity is calculated as |
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| 895 | + | otherwise provided by this section, except that last year's levy |
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| 896 | + | used to calculate the equivalent [effective] maintenance and |
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| 897 | + | operations rate of the unit is reduced by the amount of maintenance |
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| 898 | + | and operations tax revenue spent by the taxing unit to operate the |
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| 899 | + | department, function, or activity for the 12 months preceding the |
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| 900 | + | month in which the calculations required by this chapter are made |
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| 901 | + | and in which the unit operated the discontinued department, |
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| 902 | + | function, or activity. If the unit did not operate that department, |
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| 903 | + | function, or activity for the full 12 months preceding the month in |
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| 904 | + | which the calculations required by this chapter are made, the unit |
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| 905 | + | shall reduce last year's levy used for calculating the equivalent |
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| 906 | + | [effective] maintenance and operations rate of the unit by the |
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| 907 | + | amount of the revenue spent in the last full fiscal year in which |
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| 908 | + | the unit operated the discontinued department, function, or |
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| 909 | + | activity. |
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| 910 | + | (j) This subsection applies to a taxing unit that had agreed |
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| 911 | + | by written contract to accept the transfer of a distinct |
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| 912 | + | department, function, or activity from another taxing unit and |
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| 913 | + | operates a distinct department, function, or activity if the |
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| 914 | + | operation of a substantially similar department, function, or |
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| 915 | + | activity in all or a majority of the territory of the taxing unit |
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| 916 | + | has been discontinued by another taxing unit, including a dissolved |
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| 917 | + | taxing unit. The rollback tax rate of a taxing unit to which this |
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| 918 | + | subsection applies in the first tax year after the other taxing unit |
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| 919 | + | discontinued the substantially similar department, function, or |
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| 920 | + | activity in which a budget is adopted that allocates revenue to the |
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| 921 | + | department, function, or activity is calculated as otherwise |
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| 922 | + | provided by this section, except that last year's levy used to |
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| 923 | + | calculate the equivalent [effective] maintenance and operations |
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| 924 | + | rate of the unit is increased by the amount of maintenance and |
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| 925 | + | operations tax revenue spent by the taxing unit that discontinued |
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| 926 | + | operating the substantially similar department, function, or |
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| 927 | + | activity to operate that department, function, or activity for the |
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| 928 | + | 12 months preceding the month in which the calculations required by |
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| 929 | + | this chapter are made and in which the unit operated the |
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| 930 | + | discontinued department, function, or activity. If the unit did |
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| 931 | + | not operate the discontinued department, function, or activity for |
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| 932 | + | the full 12 months preceding the month in which the calculations |
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| 933 | + | required by this chapter are made, the unit may increase last year's |
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| 934 | + | levy used to calculate the equivalent [effective] maintenance and |
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| 935 | + | operations rate by an amount not to exceed the amount of property |
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| 936 | + | tax revenue spent by the discontinuing unit to operate the |
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| 937 | + | discontinued department, function, or activity in the last full |
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| 938 | + | fiscal year in which the discontinuing unit operated the |
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| 939 | + | department, function, or activity. |
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| 940 | + | SECTION 32. Section 26.041, Tax Code, is amended by |
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| 941 | + | amending Subsections (a), (b), (c), (e), (g), and (h) and adding |
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| 942 | + | Subsection (c-1) to read as follows: |
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157 | | - | Sec. 26.07. ELECTION TO REDUCE TAX RATE OF SMALL TAXING UNIT |
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158 | | - | [REPEAL INCREASE]. |
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159 | | - | SECTION 6. Section 26.07(a), Tax Code, is amended to read as |
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| 1086 | + | (a) In the tax year in which a city has set an election on |
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| 1087 | + | the question of whether to impose a local sales and use tax under |
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| 1088 | + | Subchapter H, Chapter 453, Transportation Code, the officer or |
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| 1089 | + | employee designated to make the calculations provided by Section |
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| 1090 | + | 26.04 may not make those calculations until the outcome of the |
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| 1091 | + | election is determined. If the election is determined in favor of |
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| 1092 | + | the imposition of the tax, the representative shall subtract from |
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| 1093 | + | the city's rollback and equivalent [effective] tax rates the amount |
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| 1094 | + | that, if applied to the city's current total value, would impose an |
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| 1095 | + | amount equal to the amount of property taxes budgeted in the current |
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| 1096 | + | tax year to pay for expenses related to mass transit services. |
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| 1097 | + | (b) In a tax year to which this section applies, a reference |
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| 1098 | + | in this chapter to the city's equivalent [effective] or rollback |
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| 1099 | + | tax rate refers to that rate as adjusted under this section. |
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| 1100 | + | SECTION 35. The heading to Section 26.044, Tax Code, is |
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| 1101 | + | amended to read as follows: |
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| 1102 | + | Sec. 26.044. EQUIVALENT [EFFECTIVE] TAX RATE TO PAY FOR |
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| 1103 | + | STATE CRIMINAL JUSTICE MANDATE. |
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| 1104 | + | SECTION 36. Sections 26.044(a), (b), and (c), Tax Code, are |
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| 1105 | + | amended to read as follows: |
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| 1106 | + | (a) The first time that a county adopts a tax rate after |
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| 1107 | + | September 1, 1991, in which the state criminal justice mandate |
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| 1108 | + | applies to the county, the equivalent [effective] maintenance and |
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| 1109 | + | operation rate for the county is increased by the rate calculated |
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| 1110 | + | according to the following formula: |
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| 1111 | + | (State Criminal Justice Mandate) / (Current Total |
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| 1112 | + | Value - New Property Value) |
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| 1113 | + | (b) In the second and subsequent years that a county adopts |
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| 1114 | + | a tax rate, if the amount spent by the county for the state criminal |
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| 1115 | + | justice mandate increased over the previous year, the equivalent |
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| 1116 | + | [effective] maintenance and operation rate for the county is |
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| 1117 | + | increased by the rate calculated according to the following |
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| 1118 | + | formula: |
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| 1119 | + | (This Year's State Criminal Justice Mandate - Previous |
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| 1120 | + | Year's State Criminal Justice Mandate) / (Current |
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| 1121 | + | Total Value - New Property Value) |
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| 1122 | + | (c) The county shall include a notice of the increase in the |
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| 1123 | + | equivalent [effective] maintenance and operation rate provided by |
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| 1124 | + | this section, including a description and amount of the state |
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| 1125 | + | criminal justice mandate, in the information published under |
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| 1126 | + | Section 26.04(e) and Section 26.06(b) [of this code]. |
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| 1127 | + | SECTION 37. Sections 26.0441(a), (b), and (c), Tax Code, |
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| 1128 | + | are amended to read as follows: |
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| 1129 | + | (a) In the first tax year in which a taxing unit adopts a tax |
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| 1130 | + | rate after January 1, 2000, and in which the enhanced minimum |
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| 1131 | + | eligibility standards for indigent health care established under |
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| 1132 | + | Section 61.006, Health and Safety Code, apply to the taxing unit, |
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| 1133 | + | the equivalent [effective] maintenance and operations rate for the |
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| 1134 | + | taxing unit is increased by the rate computed according to the |
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| 1135 | + | following formula: |
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| 1136 | + | Amount of Increase = Enhanced Indigent Health Care |
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| 1137 | + | Expenditures / (Current Total Value - New Property |
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| 1138 | + | Value) |
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| 1139 | + | (b) In each subsequent tax year, if the taxing unit's |
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| 1140 | + | enhanced indigent health care expenses exceed the amount of those |
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| 1141 | + | expenses for the preceding year, the equivalent [effective] |
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| 1142 | + | maintenance and operations rate for the taxing unit is increased by |
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| 1143 | + | the rate computed according to the following formula: |
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| 1144 | + | Amount of Increase = (Current Tax Year's Enhanced |
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| 1145 | + | Indigent Health Care Expenditures - Preceding Tax |
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| 1146 | + | Year's Indigent Health Care Expenditures) / (Current |
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| 1147 | + | Total Value - New Property Value) |
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| 1148 | + | (c) The taxing unit shall include a notice of the increase |
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| 1149 | + | in its equivalent [effective] maintenance and operations rate |
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| 1150 | + | provided by this section, including a brief description and the |
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| 1151 | + | amount of the enhanced indigent health care expenditures, in the |
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| 1152 | + | information published under Section 26.04(e) and, if applicable, |
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| 1153 | + | Section 26.06(b). |
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| 1154 | + | SECTION 38. Chapter 26, Tax Code, is amended by adding |
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| 1155 | + | Section 26.0446 to read as follows: |
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| 1156 | + | Sec. 26.0446. ELECTION TO APPLY LAW GOVERNING TAXING UNIT |
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| 1157 | + | OTHER THAN SMALL TAXING UNIT TO SMALL TAXING UNIT. (a) On the |
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| 1158 | + | uniform election date prescribed by Section 41.001, Election Code, |
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| 1159 | + | in May of 2018, each taxing unit that would have been a small taxing |
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| 1160 | + | unit in the 2017 tax year if Section 26.012(19) had been in effect |
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| 1161 | + | in that tax year shall call an election for the purpose of allowing |
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| 1162 | + | the voters in the taxing unit to determine whether the law governing |
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| 1163 | + | a taxing unit other than a small taxing unit shall apply to the |
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| 1164 | + | taxing unit. At the election, the ballots shall be prepared to |
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| 1165 | + | permit voting for or against the proposition: "Limiting the rate at |
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| 1166 | + | which the maintenance and operations taxes of the (name of taxing |
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| 1167 | + | unit) may be increased without voter approval to four percent |
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| 1168 | + | rather than eight percent and requiring an automatic election to |
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| 1169 | + | ratify a proposed tax rate that would increase those taxes by more |
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| 1170 | + | than that amount instead of requiring an election to limit the tax |
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| 1171 | + | rate only if the voters petition for such an election." |
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| 1172 | + | (b) If a majority of the votes cast in the election favor the |
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| 1173 | + | proposition, the taxing unit is considered to be a taxing unit other |
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| 1174 | + | than a small taxing unit regardless of whether it meets the |
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| 1175 | + | definition of a small taxing unit under Section 26.012. |
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| 1176 | + | (c) If the proposition is not approved as provided by |
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| 1177 | + | Subsection (b), the taxing unit is considered to be a taxing unit |
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| 1178 | + | other than a small taxing unit only if it does not meet the |
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| 1179 | + | definition of a small taxing unit under Section 26.012. |
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| 1180 | + | (d) The secretary of state by rule shall prescribe |
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| 1181 | + | procedures for holding an election under this section. |
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| 1182 | + | SECTION 39. Section 26.05, Tax Code, is amended by amending |
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| 1183 | + | Subsections (a), (b), (c), (d), (e), and (g) and adding Subsections |
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| 1184 | + | (d-1), (d-2), and (e-1) to read as follows: |
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| 1185 | + | (a) The governing body of each taxing unit[, before the |
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| 1186 | + | later of September 30 or the 60th day after the date the certified |
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| 1187 | + | appraisal roll is received by the taxing unit,] shall adopt a tax |
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| 1188 | + | rate for the current tax year and shall notify the assessor for the |
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| 1189 | + | unit of the rate adopted. The governing body must adopt a tax rate |
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| 1190 | + | before the later of September 30 or the 60th day after the date the |
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| 1191 | + | certified appraisal roll is received by the taxing unit, except |
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| 1192 | + | that the governing body must adopt a tax rate that exceeds the |
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| 1193 | + | rollback tax rate before August 15. The tax rate consists of two |
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| 1194 | + | components, each of which must be approved separately. The |
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| 1195 | + | components are: |
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| 1196 | + | (1) for a taxing unit other than a school district, the |
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| 1197 | + | rate that, if applied to the total taxable value, will impose the |
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| 1198 | + | total amount published under Section 26.04(e)(3)(C), less any |
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| 1199 | + | amount of additional sales and use tax revenue that will be used to |
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| 1200 | + | pay debt service, or, for a school district, the rate calculated |
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| 1201 | + | under Section 44.004(c)(5)(A)(ii)(b), Education Code; and |
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| 1202 | + | (2) the rate that, if applied to the total taxable |
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| 1203 | + | value, will impose the amount of taxes needed to fund maintenance |
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| 1204 | + | and operation expenditures of the unit for the next year. |
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| 1205 | + | (b) A taxing unit may not impose property taxes in any year |
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| 1206 | + | until the governing body has adopted a tax rate for that year, and |
---|
| 1207 | + | the annual tax rate must be set by ordinance, resolution, or order, |
---|
| 1208 | + | depending on the method prescribed by law for adoption of a law by |
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| 1209 | + | the governing body. The vote on the ordinance, resolution, or order |
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| 1210 | + | setting the tax rate must be separate from the vote adopting the |
---|
| 1211 | + | budget. For a taxing unit other than a school district, the vote on |
---|
| 1212 | + | the ordinance, resolution, or order setting a tax rate that exceeds |
---|
| 1213 | + | the equivalent [effective] tax rate must be a record vote, and at |
---|
| 1214 | + | least 60 percent of the members of the governing body must vote in |
---|
| 1215 | + | favor of the ordinance, resolution, or order. For a school |
---|
| 1216 | + | district, the vote on the ordinance, resolution, or order setting a |
---|
| 1217 | + | tax rate that exceeds the sum of the equivalent [effective] |
---|
| 1218 | + | maintenance and operations tax rate of the district as determined |
---|
| 1219 | + | under Section 26.08(i) and the district's current debt rate must be |
---|
| 1220 | + | a record vote, and at least 60 percent of the members of the |
---|
| 1221 | + | governing body must vote in favor of the ordinance, resolution, or |
---|
| 1222 | + | order. A motion to adopt an ordinance, resolution, or order setting |
---|
| 1223 | + | a tax rate that exceeds the equivalent [effective] tax rate must be |
---|
| 1224 | + | made in the following form: "I move that the property tax rate be |
---|
| 1225 | + | increased by the adoption of a tax rate of (specify tax rate), which |
---|
| 1226 | + | is effectively a (insert percentage by which the proposed tax rate |
---|
| 1227 | + | exceeds the equivalent [effective] tax rate) percent increase in |
---|
| 1228 | + | the tax rate." If the ordinance, resolution, or order sets a tax |
---|
| 1229 | + | rate that, if applied to the total taxable value, will impose an |
---|
| 1230 | + | amount of taxes to fund maintenance and operation expenditures of |
---|
| 1231 | + | the taxing unit that exceeds the amount of taxes imposed for that |
---|
| 1232 | + | purpose in the preceding year, the taxing unit must: |
---|
| 1233 | + | (1) include in the ordinance, resolution, or order in |
---|
| 1234 | + | type larger than the type used in any other portion of the document: |
---|
| 1235 | + | (A) the following statement: "THIS TAX RATE WILL |
---|
| 1236 | + | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S |
---|
| 1237 | + | TAX RATE."; and |
---|
| 1238 | + | (B) if the tax rate exceeds the equivalent |
---|
| 1239 | + | [effective] maintenance and operations rate, the following |
---|
| 1240 | + | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
| 1241 | + | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE EQUIVALENT [EFFECTIVE] |
---|
| 1242 | + | MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR |
---|
| 1243 | + | MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY |
---|
| 1244 | + | $(Insert amount)."; and |
---|
| 1245 | + | (2) include on the home page of the [any] Internet |
---|
| 1246 | + | website of [operated by] the unit: |
---|
| 1247 | + | (A) the following statement: "(Insert name of |
---|
| 1248 | + | unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE |
---|
| 1249 | + | AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and |
---|
| 1250 | + | (B) if the tax rate exceeds the equivalent |
---|
| 1251 | + | [effective] maintenance and operations rate, the following |
---|
| 1252 | + | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
| 1253 | + | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE EQUIVALENT [EFFECTIVE] |
---|
| 1254 | + | MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR |
---|
| 1255 | + | MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY |
---|
| 1256 | + | $(Insert amount)." |
---|
| 1257 | + | (c) If the governing body of a taxing unit does not adopt a |
---|
| 1258 | + | tax rate before the date required by Subsection (a), the tax rate |
---|
| 1259 | + | for the taxing unit for that tax year is the lower of the equivalent |
---|
| 1260 | + | [effective] tax rate calculated for that tax year or the tax rate |
---|
| 1261 | + | adopted by the taxing unit for the preceding tax year. A tax rate |
---|
| 1262 | + | established by this subsection is treated as an adopted tax rate. |
---|
| 1263 | + | Before the fifth day after the establishment of a tax rate by this |
---|
| 1264 | + | subsection, the governing body of the taxing unit must ratify the |
---|
| 1265 | + | applicable tax rate in the manner required by Subsection (b). |
---|
| 1266 | + | (d) The governing body of a taxing unit other than a school |
---|
| 1267 | + | district may not adopt a tax rate that exceeds the lower of the |
---|
| 1268 | + | rollback tax rate or the equivalent [effective] tax rate calculated |
---|
| 1269 | + | as provided by this chapter until the governing body has held two |
---|
| 1270 | + | public hearings on the proposed tax rate and has otherwise complied |
---|
| 1271 | + | with Section 26.06 and Section 26.065. The governing body of a |
---|
| 1272 | + | taxing unit shall reduce a tax rate set by law or by vote of the |
---|
| 1273 | + | electorate to the lower of the rollback tax rate or the equivalent |
---|
| 1274 | + | [effective] tax rate and may not adopt a higher rate unless it first |
---|
| 1275 | + | complies with Section 26.06. |
---|
| 1276 | + | (d-1) The governing body of a taxing unit may not hold a |
---|
| 1277 | + | public hearing on a proposed tax rate or a public meeting to adopt a |
---|
| 1278 | + | tax rate until the 14th day after the date the officer or employee |
---|
| 1279 | + | designated by the governing body of the unit to calculate the |
---|
| 1280 | + | equivalent tax rate and the rollback tax rate for the unit complies |
---|
| 1281 | + | with Section 26.17. |
---|
| 1282 | + | (d-2) Notwithstanding Subsection (a), the governing body of |
---|
| 1283 | + | a taxing unit other than a school district may not adopt a tax rate |
---|
| 1284 | + | until: |
---|
| 1285 | + | (1) the tax notice officer of each appraisal district |
---|
| 1286 | + | in which the taxing unit participates has delivered the notice |
---|
| 1287 | + | required by Section 26.04(e-2); |
---|
| 1288 | + | (2) the designated officer or employee of the taxing |
---|
| 1289 | + | unit has: |
---|
| 1290 | + | (A) entered in the real-time tax database |
---|
| 1291 | + | maintained by the tax notice officer the information described by |
---|
| 1292 | + | Section 26.17(b) for the current tax year; and |
---|
| 1293 | + | (B) incorporated the completed tax rate |
---|
| 1294 | + | calculation forms prepared under Section 26.04(d-1) into the |
---|
| 1295 | + | real-time tax database maintained by the tax notice officer; and |
---|
| 1296 | + | (3) the taxing unit has posted the information |
---|
| 1297 | + | described by Section 26.18 on the Internet website used by the |
---|
| 1298 | + | taxing unit for that purpose. |
---|
| 1299 | + | (e) A person who owns taxable property is entitled to an |
---|
| 1300 | + | injunction restraining the collection of taxes by a taxing unit in |
---|
| 1301 | + | which the property is taxable if the taxing unit has not complied |
---|
| 1302 | + | with the requirements of this section or Section 26.04 [and the |
---|
| 1303 | + | failure to comply was not in good faith]. It is a defense in an |
---|
| 1304 | + | action for an injunction under this subsection that the failure to |
---|
| 1305 | + | comply was in good faith. An action to enjoin the collection of |
---|
| 1306 | + | taxes must be filed not later than the 15th day after the date the |
---|
| 1307 | + | taxing unit adopts a tax rate. A property owner is not required to |
---|
| 1308 | + | pay the taxes imposed by a taxing unit on the owner's property while |
---|
| 1309 | + | an action filed by the property owner to enjoin the collection of |
---|
| 1310 | + | taxes imposed by the taxing unit on the owner's property is pending. |
---|
| 1311 | + | If the property owner pays the taxes and subsequently prevails in |
---|
| 1312 | + | the action, the property owner is entitled to a refund of the taxes |
---|
| 1313 | + | paid, together with reasonable attorney's fees and court costs. |
---|
| 1314 | + | The property owner is not required to apply to the collector for the |
---|
| 1315 | + | taxing unit to receive the refund [prior to the date a taxing unit |
---|
| 1316 | + | delivers substantially all of its tax bills]. |
---|
| 1317 | + | (e-1) The governing body of a taxing unit that imposes an |
---|
| 1318 | + | additional sales and use tax may not adopt the component of the tax |
---|
| 1319 | + | rate of the unit described by Subsection (a)(1) of this section |
---|
| 1320 | + | until the chief financial officer or the auditor for the unit |
---|
| 1321 | + | submits to the governing body of the unit a written certification |
---|
| 1322 | + | that the amount of additional sales and use tax revenue that will be |
---|
| 1323 | + | used to pay debt service has been deducted from the total amount |
---|
| 1324 | + | published under Section 26.04(e)(3)(C) as required by Subsection |
---|
| 1325 | + | (a)(1) of this section. The comptroller shall adopt rules |
---|
| 1326 | + | governing the form of the certification required by this subsection |
---|
| 1327 | + | and the manner in which it is required to be submitted. |
---|
| 1328 | + | (g) Notwithstanding Subsection (a), the governing body of a |
---|
| 1329 | + | school district that elects to adopt a tax rate before the adoption |
---|
| 1330 | + | of a budget for the fiscal year that begins in the current tax year |
---|
| 1331 | + | may adopt a tax rate for the current tax year before receipt of the |
---|
| 1332 | + | certified appraisal roll for the school district if the chief |
---|
| 1333 | + | appraiser of the appraisal district in which the school district |
---|
| 1334 | + | participates has certified to the assessor for the school district |
---|
| 1335 | + | an estimate of the taxable value of property in the school district |
---|
| 1336 | + | as provided by Section 26.01(e). If a school district adopts a tax |
---|
| 1337 | + | rate under this subsection, the equivalent [effective] tax rate and |
---|
| 1338 | + | the rollback tax rate of the district shall be calculated based on |
---|
| 1339 | + | the certified estimate of taxable value. |
---|
| 1340 | + | SECTION 40. Section 26.052, Tax Code, is amended by |
---|
| 1341 | + | amending Subsection (e) and adding Subsection (f) to read as |
---|
161 | | - | (a) If the governing body of a small taxing unit [other than |
---|
162 | | - | a school district] adopts a tax rate that exceeds the taxing unit's |
---|
163 | | - | rollback tax rate calculated as provided by this chapter, the |
---|
164 | | - | qualified voters of the taxing unit by petition may require that an |
---|
165 | | - | election be held to determine whether or not to reduce the tax rate |
---|
166 | | - | adopted for the current year to the rollback tax rate calculated as |
---|
167 | | - | provided by this chapter. |
---|
168 | | - | SECTION 7. The heading to Section 26.08, Tax Code, is |
---|
| 1343 | + | (e) Public notice provided under Subsection (c) must |
---|
| 1344 | + | specify: |
---|
| 1345 | + | (1) the tax rate that the governing body proposes to |
---|
| 1346 | + | adopt; |
---|
| 1347 | + | (2) the date, time, and location of the meeting of the |
---|
| 1348 | + | governing body of the taxing unit at which the governing body will |
---|
| 1349 | + | consider adopting the proposed tax rate; and |
---|
| 1350 | + | (3) if the proposed tax rate for the taxing unit |
---|
| 1351 | + | exceeds the unit's equivalent [effective] tax rate calculated as |
---|
| 1352 | + | provided by Section 26.04, a statement substantially identical to |
---|
| 1353 | + | the following: "The proposed tax rate would increase total taxes in |
---|
| 1354 | + | (name of taxing unit) by (percentage by which the proposed tax rate |
---|
| 1355 | + | exceeds the equivalent [effective] tax rate)." |
---|
| 1356 | + | (f) A taxing unit to which this section applies that elects |
---|
| 1357 | + | to provide public notice of its proposed tax rate under Subsection |
---|
| 1358 | + | (c)(2) must also provide public notice of its proposed tax rate by |
---|
| 1359 | + | posting notice of the proposed tax rate, including the information |
---|
| 1360 | + | prescribed by Subsection (e), prominently on the home page of the |
---|
| 1361 | + | Internet website of the taxing unit. |
---|
| 1362 | + | SECTION 41. Section 26.06, Tax Code, is amended by amending |
---|
| 1363 | + | Subsections (b), (c), (d), and (e) and adding Subsections (b-1), |
---|
| 1364 | + | (b-2), (b-3), and (b-4) to read as follows: |
---|
| 1365 | + | (b) The notice of a public hearing may not be smaller than |
---|
| 1366 | + | one-quarter page of a standard-size or a tabloid-size newspaper, |
---|
| 1367 | + | and the headline on the notice must be in 24-point or larger type. |
---|
| 1368 | + | [The notice must contain a statement in the following form: |
---|
| 1369 | + | ["NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
| 1370 | + | ["The (name of the taxing unit) will hold two public hearings |
---|
| 1371 | + | on a proposal to increase total tax revenues from properties on the |
---|
| 1372 | + | tax roll in the preceding tax year by (percentage by which proposed |
---|
| 1373 | + | tax rate exceeds lower of rollback tax rate or effective tax rate |
---|
| 1374 | + | calculated under this chapter) percent. Your individual taxes may |
---|
| 1375 | + | increase at a greater or lesser rate, or even decrease, depending on |
---|
| 1376 | + | the change in the taxable value of your property in relation to the |
---|
| 1377 | + | change in taxable value of all other property and the tax rate that |
---|
| 1378 | + | is adopted. |
---|
| 1379 | + | ["The first public hearing will be held on (date and time) at |
---|
| 1380 | + | (meeting place). |
---|
| 1381 | + | ["The second public hearing will be held on (date and time) at |
---|
| 1382 | + | (meeting place). |
---|
| 1383 | + | ["(Names of all members of the governing body, showing how |
---|
| 1384 | + | each voted on the proposal to consider the tax increase or, if one |
---|
| 1385 | + | or more were absent, indicating the absences.) |
---|
| 1386 | + | ["The average taxable value of a residence homestead in (name |
---|
| 1387 | + | of taxing unit) last year was $____ (average taxable value of a |
---|
| 1388 | + | residence homestead in the taxing unit for the preceding tax year, |
---|
| 1389 | + | disregarding residence homestead exemptions available only to |
---|
| 1390 | + | disabled persons or persons 65 years of age or older). Based on |
---|
| 1391 | + | last year's tax rate of $____ (preceding year's adopted tax rate) |
---|
| 1392 | + | per $100 of taxable value, the amount of taxes imposed last year on |
---|
| 1393 | + | the average home was $____ (tax on average taxable value of a |
---|
| 1394 | + | residence homestead in the taxing unit for the preceding tax year, |
---|
| 1395 | + | disregarding residence homestead exemptions available only to |
---|
| 1396 | + | disabled persons or persons 65 years of age or older). |
---|
| 1397 | + | ["The average taxable value of a residence homestead in (name |
---|
| 1398 | + | of taxing unit) this year is $____ (average taxable value of a |
---|
| 1399 | + | residence homestead in the taxing unit for the current tax year, |
---|
| 1400 | + | disregarding residence homestead exemptions available only to |
---|
| 1401 | + | disabled persons or persons 65 years of age or older). If the |
---|
| 1402 | + | governing body adopts the effective tax rate for this year of $____ |
---|
| 1403 | + | (effective tax rate) per $100 of taxable value, the amount of taxes |
---|
| 1404 | + | imposed this year on the average home would be $____ (tax on average |
---|
| 1405 | + | taxable value of a residence homestead in the taxing unit for the |
---|
| 1406 | + | current tax year, disregarding residence homestead exemptions |
---|
| 1407 | + | available only to disabled persons or persons 65 years of age or |
---|
| 1408 | + | older). |
---|
| 1409 | + | ["If the governing body adopts the proposed tax rate of $____ |
---|
| 1410 | + | (proposed tax rate) per $100 of taxable value, the amount of taxes |
---|
| 1411 | + | imposed this year on the average home would be $____ (tax on the |
---|
| 1412 | + | average taxable value of a residence in the taxing unit for the |
---|
| 1413 | + | current year disregarding residence homestead exemptions available |
---|
| 1414 | + | only to disabled persons or persons 65 years of age or older). |
---|
| 1415 | + | ["Members of the public are encouraged to attend the hearings |
---|
| 1416 | + | and express their views."] |
---|
| 1417 | + | (b-1) If the proposed tax rate exceeds the equivalent tax |
---|
| 1418 | + | rate and the rollback tax rate of the taxing unit, the notice must |
---|
| 1419 | + | contain a statement in the following form: |
---|
| 1420 | + | "NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
| 1421 | + | "PROPOSED TAX RATE $__________ per $100 |
---|
| 1422 | + | "EQUIVALENT TAX RATE $__________ per $100 |
---|
| 1423 | + | "ROLLBACK TAX RATE $__________ per $100 |
---|
| 1424 | + | "The equivalent tax rate is the tax rate for the (current tax |
---|
| 1425 | + | year) tax year that will raise the same amount of property tax |
---|
| 1426 | + | revenue for (name of taxing unit) from the same properties in both |
---|
| 1427 | + | the (preceding tax year) tax year and the (current tax year) tax |
---|
| 1428 | + | year. |
---|
| 1429 | + | "The rollback tax rate is the highest tax rate that (name of |
---|
| 1430 | + | taxing unit) may adopt without holding an election to ratify the |
---|
| 1431 | + | rate. |
---|
| 1432 | + | "The proposed tax rate is greater than the equivalent tax |
---|
| 1433 | + | rate. This means that (name of taxing unit) is proposing to |
---|
| 1434 | + | increase property taxes for the (current tax year) tax year. |
---|
| 1435 | + | "A public hearing on the proposed tax rate will be held on |
---|
| 1436 | + | (date and time) at (meeting place). |
---|
| 1437 | + | "A second public hearing will be held on (date and time) at |
---|
| 1438 | + | (meeting place). |
---|
| 1439 | + | "The proposed tax rate is also greater than the rollback tax |
---|
| 1440 | + | rate. If (name of taxing unit) adopts the proposed tax rate, (name |
---|
| 1441 | + | of taxing unit) is required to hold an election so that the voters |
---|
| 1442 | + | may accept or reject the proposed tax rate. If a majority of the |
---|
| 1443 | + | voters reject the proposed tax rate, the (name of taxing unit) will |
---|
| 1444 | + | be required to adopt a new tax rate that is not greater than the |
---|
| 1445 | + | rollback tax rate. The election will be held on (date of election). |
---|
| 1446 | + | You may contact the (name of office responsible for administering |
---|
| 1447 | + | the election) for information about voting locations. The hours of |
---|
| 1448 | + | voting on election day are (voting hours). |
---|
| 1449 | + | "Your taxes owed under any of the tax rates mentioned above |
---|
| 1450 | + | can be calculated as follows: |
---|
| 1451 | + | "Property tax amount = tax rate x taxable value of your |
---|
| 1452 | + | property / 100 |
---|
| 1453 | + | "(Names of all members of the governing body, showing how |
---|
| 1454 | + | each voted on the proposal to consider the tax increase or, if one |
---|
| 1455 | + | or more were absent, indicating the absences.)" |
---|
| 1456 | + | (b-2) If the proposed tax rate exceeds the equivalent tax |
---|
| 1457 | + | rate but does not exceed the rollback tax rate of the taxing unit, |
---|
| 1458 | + | the notice must contain a statement in the following form: |
---|
| 1459 | + | "NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
| 1460 | + | "PROPOSED TAX RATE $__________ per $100 |
---|
| 1461 | + | "EQUIVALENT TAX RATE $__________ per $100 |
---|
| 1462 | + | "ROLLBACK TAX RATE $__________ per $100 |
---|
| 1463 | + | "The equivalent tax rate is the tax rate for the (current tax |
---|
| 1464 | + | year) tax year that will raise the same amount of property tax |
---|
| 1465 | + | revenue for (name of taxing unit) from the same properties in both |
---|
| 1466 | + | the (preceding tax year) tax year and the (current tax year) tax |
---|
| 1467 | + | year. |
---|
| 1468 | + | "The rollback tax rate is the highest tax rate that (name of |
---|
| 1469 | + | taxing unit) may adopt without holding an election to ratify the |
---|
| 1470 | + | rate. |
---|
| 1471 | + | "The proposed tax rate is greater than the equivalent tax |
---|
| 1472 | + | rate. This means that (name of taxing unit) is proposing to |
---|
| 1473 | + | increase property taxes for the (current tax year) tax year. |
---|
| 1474 | + | "A public hearing on the proposed tax rate will be held on |
---|
| 1475 | + | (date and time) at (meeting place). |
---|
| 1476 | + | "A second public hearing will be held on (date and time) at |
---|
| 1477 | + | (meeting place). |
---|
| 1478 | + | "The proposed tax rate is not greater than the rollback tax |
---|
| 1479 | + | rate. As a result, (name of taxing unit) is not required to hold an |
---|
| 1480 | + | election at which voters may accept or reject the proposed tax rate. |
---|
| 1481 | + | However, you may express your support for or opposition to the |
---|
| 1482 | + | proposed tax rate by contacting the members of the (name of |
---|
| 1483 | + | governing body) of (name of taxing unit) at their offices or by |
---|
| 1484 | + | attending one of the public hearings mentioned above. |
---|
| 1485 | + | "Your taxes owed under any of the tax rates mentioned above |
---|
| 1486 | + | can be calculated as follows: |
---|
| 1487 | + | "Property tax amount = tax rate x taxable value of your |
---|
| 1488 | + | property / 100 |
---|
| 1489 | + | "(Names of all members of the governing body, showing how |
---|
| 1490 | + | each voted on the proposal to consider the tax increase or, if one |
---|
| 1491 | + | or more were absent, indicating the absences.)" |
---|
| 1492 | + | (b-3) If the proposed tax rate does not exceed the |
---|
| 1493 | + | equivalent tax rate but exceeds the rollback tax rate of the taxing |
---|
| 1494 | + | unit, the notice must contain a statement in the following form: |
---|
| 1495 | + | "NOTICE OF PUBLIC HEARING ON TAX RATE |
---|
| 1496 | + | "PROPOSED TAX RATE $__________ per $100 |
---|
| 1497 | + | "EQUIVALENT TAX RATE $__________ per $100 |
---|
| 1498 | + | "ROLLBACK TAX RATE $__________ per $100 |
---|
| 1499 | + | "The equivalent tax rate is the tax rate for the (current tax |
---|
| 1500 | + | year) tax year that will raise the same amount of property tax |
---|
| 1501 | + | revenue for (name of taxing unit) from the same properties in both |
---|
| 1502 | + | the (preceding tax year) tax year and the (current tax year) tax |
---|
| 1503 | + | year. |
---|
| 1504 | + | "The rollback tax rate is the highest tax rate that (name of |
---|
| 1505 | + | taxing unit) may adopt without holding an election to ratify the |
---|
| 1506 | + | rate. |
---|
| 1507 | + | "The proposed tax rate is not greater than the equivalent tax |
---|
| 1508 | + | rate. This means that (name of taxing unit) is not proposing to |
---|
| 1509 | + | increase property taxes for the (current tax year) tax year. |
---|
| 1510 | + | "A public hearing on the proposed tax rate will be held on |
---|
| 1511 | + | (date and time) at (meeting place). |
---|
| 1512 | + | "A second public hearing will be held on (date and time) at |
---|
| 1513 | + | (meeting place). |
---|
| 1514 | + | "The proposed tax rate is greater than the rollback tax rate. |
---|
| 1515 | + | If (name of taxing unit) adopts the proposed tax rate, (name of |
---|
| 1516 | + | taxing unit) is required to hold an election so that the voters may |
---|
| 1517 | + | accept or reject the proposed tax rate. If a majority of the voters |
---|
| 1518 | + | reject the proposed tax rate, the (name of taxing unit) will be |
---|
| 1519 | + | required to adopt a new tax rate that is not greater than the |
---|
| 1520 | + | rollback tax rate. The election will be held on (date of election). |
---|
| 1521 | + | You may contact the (name of office responsible for administering |
---|
| 1522 | + | the election) for information about voting locations. The hours of |
---|
| 1523 | + | voting on election day are (voting hours). |
---|
| 1524 | + | "Your taxes owed under any of the tax rates mentioned above |
---|
| 1525 | + | can be calculated as follows: |
---|
| 1526 | + | "Property tax amount = tax rate x taxable value of your |
---|
| 1527 | + | property / 100 |
---|
| 1528 | + | "(Names of all members of the governing body, showing how |
---|
| 1529 | + | each voted on the proposal to consider the tax increase or, if one |
---|
| 1530 | + | or more were absent, indicating the absences.)" |
---|
| 1531 | + | (b-4) In addition to including the information described by |
---|
| 1532 | + | Subsection (b-1), (b-2), or (b-3), as applicable, the notice must |
---|
| 1533 | + | include the information described by Section 26.062. |
---|
| 1534 | + | (c) The notice of a public hearing under this section may be |
---|
| 1535 | + | delivered by mail to each property owner in the unit, or may be |
---|
| 1536 | + | published in a newspaper. If the notice is published in a |
---|
| 1537 | + | newspaper, it may not be in the part of the paper in which legal |
---|
| 1538 | + | notices and classified advertisements appear. If the taxing unit |
---|
| 1539 | + | publishes the notice in a newspaper [operates an Internet website], |
---|
| 1540 | + | the taxing unit must also post the notice prominently on the home |
---|
| 1541 | + | page of the Internet website of the unit [must be posted on the |
---|
| 1542 | + | website] from the date the notice is first published until the |
---|
| 1543 | + | second public hearing is concluded. |
---|
| 1544 | + | (d) At the public hearings the governing body shall announce |
---|
| 1545 | + | the date, time, and place of the meeting at which it will vote on the |
---|
| 1546 | + | proposed tax rate. After each hearing the governing body shall give |
---|
| 1547 | + | notice of the meeting at which it will vote on the proposed tax rate |
---|
| 1548 | + | and the notice shall be in the same form as prescribed by |
---|
| 1549 | + | Subsections (b) and (c), except that it must state the following: |
---|
| 1550 | + | "NOTICE OF TAX REVENUE INCREASE |
---|
| 1551 | + | "The (name of the taxing unit) conducted public hearings on |
---|
| 1552 | + | (date of first hearing) and (date of second hearing) on a proposal |
---|
| 1553 | + | to increase the total tax revenues of the (name of the taxing unit) |
---|
| 1554 | + | from properties on the tax roll in the preceding year by (percentage |
---|
| 1555 | + | by which proposed tax rate exceeds lower of rollback tax rate or |
---|
| 1556 | + | equivalent [effective] tax rate calculated under this chapter) |
---|
| 1557 | + | percent. |
---|
| 1558 | + | "The total tax revenue proposed to be raised last year at last |
---|
| 1559 | + | year's tax rate of (insert tax rate for the preceding year) for each |
---|
| 1560 | + | $100 of taxable value was (insert total amount of taxes imposed in |
---|
| 1561 | + | the preceding year). |
---|
| 1562 | + | "The total tax revenue proposed to be raised this year at the |
---|
| 1563 | + | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
| 1564 | + | taxable value, excluding tax revenue to be raised from new property |
---|
| 1565 | + | added to the tax roll this year, is (insert amount computed by |
---|
| 1566 | + | multiplying proposed tax rate by the difference between current |
---|
| 1567 | + | total value and new property value). |
---|
| 1568 | + | "The total tax revenue proposed to be raised this year at the |
---|
| 1569 | + | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
| 1570 | + | taxable value, including tax revenue to be raised from new property |
---|
| 1571 | + | added to the tax roll this year, is (insert amount computed by |
---|
| 1572 | + | multiplying proposed tax rate by current total value). |
---|
| 1573 | + | "The (governing body of the taxing unit) is scheduled to vote |
---|
| 1574 | + | on the tax rate that will result in that tax increase at a public |
---|
| 1575 | + | meeting to be held on (date of meeting) at (location of meeting, |
---|
| 1576 | + | including mailing address) at (time of meeting). |
---|
| 1577 | + | "The (governing body of the taxing unit) proposes to use the |
---|
| 1578 | + | increase in total tax revenue for the purpose of (description of |
---|
| 1579 | + | purpose of increase)." |
---|
| 1580 | + | (e) The meeting to vote on the tax increase may not be |
---|
| 1581 | + | earlier than the third day or later than the seventh [14th] day |
---|
| 1582 | + | after the date of the second public hearing. The meeting must be |
---|
| 1583 | + | held inside the boundaries of the taxing unit in a publicly owned |
---|
| 1584 | + | building or, if a suitable publicly owned building is not |
---|
| 1585 | + | available, in a suitable building to which the public normally has |
---|
| 1586 | + | access. If the governing body does not adopt a tax rate that |
---|
| 1587 | + | exceeds the lower of the rollback tax rate or the equivalent |
---|
| 1588 | + | [effective] tax rate by the seventh [14th] day, it must give a new |
---|
| 1589 | + | notice under Subsection (d) before it may adopt a rate that exceeds |
---|
| 1590 | + | the lower of the rollback tax rate or the equivalent [effective] tax |
---|
| 1591 | + | rate. |
---|
| 1592 | + | SECTION 42. Chapter 26, Tax Code, is amended by adding |
---|
| 1593 | + | Sections 26.061 and 26.062 to read as follows: |
---|
| 1594 | + | Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE |
---|
| 1595 | + | THAT DOES NOT EXCEED LOWER OF EQUIVALENT OR ROLLBACK TAX RATE. |
---|
| 1596 | + | (a) This section applies only to the governing body of a taxing |
---|
| 1597 | + | unit other than a school district that proposes to adopt a tax rate |
---|
| 1598 | + | that does not exceed the lower of the equivalent tax rate or the |
---|
| 1599 | + | rollback tax rate calculated as provided by this chapter. |
---|
| 1600 | + | (b) The notice of the meeting at which the governing body of |
---|
| 1601 | + | the taxing unit will vote on the proposed tax rate must contain a |
---|
| 1602 | + | statement in the following form: |
---|
| 1603 | + | "NOTICE OF MEETING TO VOTE ON TAX RATE |
---|
| 1604 | + | "PROPOSED TAX RATE $__________ per $100 |
---|
| 1605 | + | "EQUIVALENT TAX RATE $__________ per $100 |
---|
| 1606 | + | "ROLLBACK TAX RATE $__________ per $100 |
---|
| 1607 | + | "The equivalent tax rate is the tax rate for the (current tax |
---|
| 1608 | + | year) tax year that will raise the same amount of property tax |
---|
| 1609 | + | revenue for (name of taxing unit) from the same properties in both |
---|
| 1610 | + | the (preceding tax year) tax year and the (current tax year) tax |
---|
| 1611 | + | year. |
---|
| 1612 | + | "The rollback tax rate is the highest tax rate that (name of |
---|
| 1613 | + | taxing unit) may adopt without holding an election to ratify the |
---|
| 1614 | + | rate. |
---|
| 1615 | + | "The proposed tax rate is not greater than the equivalent tax |
---|
| 1616 | + | rate. This means that (name of taxing unit) is not proposing to |
---|
| 1617 | + | increase property taxes for the (current tax year) tax year. |
---|
| 1618 | + | "A public meeting to vote on the proposed tax rate will be |
---|
| 1619 | + | held on (date and time) at (meeting place). |
---|
| 1620 | + | "The proposed tax rate is also not greater than the rollback |
---|
| 1621 | + | tax rate. As a result, (name of taxing unit) is not required to hold |
---|
| 1622 | + | an election to ratify the rate. However, you may express your |
---|
| 1623 | + | support for or opposition to the proposed tax rate by contacting the |
---|
| 1624 | + | members of the (name of governing body) of (name of taxing unit) at |
---|
| 1625 | + | their offices or by attending the public meeting mentioned above. |
---|
| 1626 | + | "Your taxes owed under any of the above rates can be |
---|
| 1627 | + | calculated as follows: |
---|
| 1628 | + | "Property tax amount = tax rate x taxable value of your |
---|
| 1629 | + | property / 100 |
---|
| 1630 | + | "(Names of all members of the governing body, showing how |
---|
| 1631 | + | each voted on the proposed tax rate or, if one or more were absent, |
---|
| 1632 | + | indicating the absences.)" |
---|
| 1633 | + | (c) In addition to including the information described by |
---|
| 1634 | + | Subsection (b), the notice must include the information described |
---|
| 1635 | + | by Section 26.062. |
---|
| 1636 | + | Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX |
---|
| 1637 | + | RATE NOTICE. (a) In addition to the information described by |
---|
| 1638 | + | Section 26.06(b-1), (b-2), (b-3), (b-4), (b-5), or (b-6) or 26.061, |
---|
| 1639 | + | as applicable, a notice required by that provision must include at |
---|
| 1640 | + | the end of the notice: |
---|
| 1641 | + | (1) a statement in the following form: |
---|
| 1642 | + | "The following table compares the taxes imposed on the |
---|
| 1643 | + | average residence homestead by (name of taxing unit) last year to |
---|
| 1644 | + | the taxes proposed to be imposed on the average residence homestead |
---|
| 1645 | + | by (name of taxing unit) this year:"; |
---|
| 1646 | + | (2) a table in the form required by this section |
---|
| 1647 | + | following the statement described by Subdivision (1); and |
---|
| 1648 | + | (3) a statement in the following form following the |
---|
| 1649 | + | table: |
---|
| 1650 | + | (A) if the tax assessor for the taxing unit |
---|
| 1651 | + | maintains an Internet website: "For assistance with tax |
---|
| 1652 | + | calculations, please contact the tax assessor for (name of taxing |
---|
| 1653 | + | unit) at (telephone number) or (e-mail address), or visit (Internet |
---|
| 1654 | + | website address) for more information."; or |
---|
| 1655 | + | (B) if the tax assessor for the taxing unit does |
---|
| 1656 | + | not maintain an Internet website: "For assistance with tax |
---|
| 1657 | + | calculations, please contact the tax assessor for (name of taxing |
---|
| 1658 | + | unit) at (telephone number) or (e-mail address)." |
---|
| 1659 | + | (b) The table must contain five rows and four columns. |
---|
| 1660 | + | (c) The first row must appear as follows: |
---|
| 1661 | + | (1) the first column of the first row must be left |
---|
| 1662 | + | blank; |
---|
| 1663 | + | (2) the second column of the first row must state the |
---|
| 1664 | + | year corresponding to the preceding tax year; |
---|
| 1665 | + | (3) the third column of the first row must state the |
---|
| 1666 | + | year corresponding to the current tax year; and |
---|
| 1667 | + | (4) the fourth column of the first row must be entitled |
---|
| 1668 | + | "Change". |
---|
| 1669 | + | (d) The second row must appear as follows: |
---|
| 1670 | + | (1) the first column of the second row must be entitled |
---|
| 1671 | + | "Total tax rate (per $100 of value)"; |
---|
| 1672 | + | (2) the second column of the second row must state the |
---|
| 1673 | + | adopted tax rate for the preceding tax year; |
---|
| 1674 | + | (3) the third column of the second row must state the |
---|
| 1675 | + | proposed tax rate for the current tax year; and |
---|
| 1676 | + | (4) the fourth column of the second row must state the |
---|
| 1677 | + | nominal and percentage difference between the adopted tax rate for |
---|
| 1678 | + | the preceding tax year and the proposed tax rate for the current tax |
---|
| 1679 | + | year as follows: "(increase or decrease, as applicable) of |
---|
| 1680 | + | (nominal difference between tax rate stated in second column of |
---|
| 1681 | + | second row and tax rate stated in third column of second row) per |
---|
| 1682 | + | $100, or (percentage difference between tax rate stated in second |
---|
| 1683 | + | column of second row and tax rate stated in third column of second |
---|
| 1684 | + | row)%". |
---|
| 1685 | + | (e) The third row must appear as follows: |
---|
| 1686 | + | (1) the first column of the third row must be entitled |
---|
| 1687 | + | "Average homestead taxable value"; |
---|
| 1688 | + | (2) the second column of the third row must state the |
---|
| 1689 | + | average taxable value of a residence homestead in the taxing unit |
---|
| 1690 | + | for the preceding tax year; |
---|
| 1691 | + | (3) the third column of the third row must state the |
---|
| 1692 | + | average taxable value of a residence homestead in the taxing unit |
---|
| 1693 | + | for the current tax year; and |
---|
| 1694 | + | (4) the fourth column of the third row must state the |
---|
| 1695 | + | percentage difference between the average taxable value of a |
---|
| 1696 | + | residence homestead in the taxing unit for the preceding tax year |
---|
| 1697 | + | and the average taxable value of a residence homestead in the taxing |
---|
| 1698 | + | unit for the current tax year as follows: "(increase or decrease, |
---|
| 1699 | + | as applicable) of (percentage difference between amount stated in |
---|
| 1700 | + | second column of third row and amount stated in third column of |
---|
| 1701 | + | third row)%". |
---|
| 1702 | + | (f) The fourth row must appear as follows: |
---|
| 1703 | + | (1) the first column of the fourth row must be entitled |
---|
| 1704 | + | "Tax on average homestead"; |
---|
| 1705 | + | (2) the second column of the fourth row must state the |
---|
| 1706 | + | amount of taxes imposed by the taxing unit in the preceding tax year |
---|
| 1707 | + | on a residence homestead with a taxable value equal to the average |
---|
| 1708 | + | taxable value of a residence homestead in the taxing unit in the |
---|
| 1709 | + | preceding tax year; |
---|
| 1710 | + | (3) the third column of the fourth row must state the |
---|
| 1711 | + | amount of taxes that would be imposed by the taxing unit in the |
---|
| 1712 | + | current tax year on a residence homestead with a taxable value equal |
---|
| 1713 | + | to the average taxable value of a residence homestead in the taxing |
---|
| 1714 | + | unit in the current tax year if the taxing unit adopted the proposed |
---|
| 1715 | + | tax rate; and |
---|
| 1716 | + | (4) the fourth column of the fourth row must state the |
---|
| 1717 | + | nominal and percentage difference between the amount of taxes |
---|
| 1718 | + | imposed by the taxing unit in the preceding tax year on a residence |
---|
| 1719 | + | homestead with a taxable value equal to the average taxable value of |
---|
| 1720 | + | a residence homestead in the taxing unit in the preceding tax year |
---|
| 1721 | + | and the amount of taxes that would be imposed by the taxing unit in |
---|
| 1722 | + | the current tax year on a residence homestead with a taxable value |
---|
| 1723 | + | equal to the average taxable value of a residence homestead in the |
---|
| 1724 | + | taxing unit in the current tax year if the taxing unit adopted the |
---|
| 1725 | + | proposed tax rate, as follows: "(increase or decrease, as |
---|
| 1726 | + | applicable) of (nominal difference between amount stated in second |
---|
| 1727 | + | column of fourth row and amount stated in third column of fourth |
---|
| 1728 | + | row), or (percentage difference between amount stated in second |
---|
| 1729 | + | column of fourth row and amount stated in third column of fourth |
---|
| 1730 | + | row)%". |
---|
| 1731 | + | (g) The fifth row must appear as follows: |
---|
| 1732 | + | (1) the first column of the fifth row must be entitled |
---|
| 1733 | + | "Total tax levy on all properties"; |
---|
| 1734 | + | (2) the second column of the fifth row must state the |
---|
| 1735 | + | amount equal to last year's levy; |
---|
| 1736 | + | (3) the third column of the fifth row must state the |
---|
| 1737 | + | amount computed by multiplying the proposed tax rate by the current |
---|
| 1738 | + | total value and dividing the product by 100; and |
---|
| 1739 | + | (4) the fourth column of the fifth row must state the |
---|
| 1740 | + | nominal and percentage difference between the total amount of taxes |
---|
| 1741 | + | imposed by the taxing unit in the preceding tax year and the amount |
---|
| 1742 | + | that would be imposed by the taxing unit in the current tax year if |
---|
| 1743 | + | the taxing unit adopted the proposed tax rate, as follows: |
---|
| 1744 | + | "(increase or decrease, as applicable) of (nominal difference |
---|
| 1745 | + | between amount stated in second column of fifth row and amount |
---|
| 1746 | + | stated in third column of fifth row), or (percentage difference |
---|
| 1747 | + | between amount stated in second column of fifth row and amount |
---|
| 1748 | + | stated in third column of fifth row)%". |
---|
| 1749 | + | (h) In calculating the average taxable value of a residence |
---|
| 1750 | + | homestead in the taxing unit for the preceding tax year and the |
---|
| 1751 | + | current tax year for purposes of Subsections (e) and (f), any |
---|
| 1752 | + | residence homestead exemption available only to disabled persons, |
---|
| 1753 | + | persons 65 years of age or older, or their surviving spouses must be |
---|
| 1754 | + | disregarded. |
---|
| 1755 | + | SECTION 43. Section 26.065(b), Tax Code, is amended to read |
---|
| 1756 | + | as follows: |
---|
| 1757 | + | (b) The [If the] taxing unit [owns, operates, or controls an |
---|
| 1758 | + | Internet website, the unit] shall post notice of the public hearing |
---|
| 1759 | + | prominently on the home page of the Internet website of the unit |
---|
| 1760 | + | continuously for at least seven days immediately before the public |
---|
| 1761 | + | hearing on the proposed tax rate increase and at least seven days |
---|
| 1762 | + | immediately before the date of the vote proposing the increase in |
---|
| 1763 | + | the tax rate. |
---|
| 1764 | + | SECTION 44. The heading to Section 26.08, Tax Code, is |
---|
280 | | - | may adopt before requiring voter approval at an election. In the |
---|
281 | | - | case of a small taxing unit [other than a school district], the |
---|
282 | | - | voters by petition may require that a rollback election be held if |
---|
283 | | - | the unit adopts a tax rate in excess of the unit's rollback tax |
---|
284 | | - | rate. In the case of a taxing unit other than a small taxing unit |
---|
285 | | - | [school district], an election will automatically be held if the |
---|
286 | | - | unit [district] wishes to adopt a tax rate in excess of the unit's |
---|
287 | | - | [district's] rollback tax rate." |
---|
288 | | - | SECTION 10. Sections 31.12(a) and (b), Tax Code, as amended |
---|
| 1963 | + | may adopt before requiring voter approval at an election. An [In |
---|
| 1964 | + | the case of a taxing unit other than a school district, the voters |
---|
| 1965 | + | by petition may require that a rollback election be held if the unit |
---|
| 1966 | + | adopts a tax rate in excess of the unit's rollback tax rate. In the |
---|
| 1967 | + | case of a school district, an] election will automatically be held |
---|
| 1968 | + | if a taxing unit [the district] wishes to adopt a tax rate in excess |
---|
| 1969 | + | of the unit's [district's] rollback tax rate." |
---|
| 1970 | + | (d-1) In addition to posting the information described by |
---|
| 1971 | + | Subsection (a), the county assessor-collector shall post on the |
---|
| 1972 | + | Internet website of the county for each taxing unit all or part of |
---|
| 1973 | + | the territory of which is located in the county: |
---|
| 1974 | + | (1) the tax rate calculation forms used by the |
---|
| 1975 | + | designated officer or employee of each taxing unit to calculate the |
---|
| 1976 | + | equivalent and rollback tax rates of the unit for the most recent |
---|
| 1977 | + | five tax years beginning with the 2018 tax year, as certified by the |
---|
| 1978 | + | designated officer or employee under Section 26.04(d-2); and |
---|
| 1979 | + | (2) the name and official contact information for each |
---|
| 1980 | + | member of the governing body of the taxing unit. |
---|
| 1981 | + | (d-2) Not later than August 1, the county |
---|
| 1982 | + | assessor-collector shall post on the website the tax rate |
---|
| 1983 | + | calculation forms described by Subsection (d-1)(1) for the current |
---|
| 1984 | + | tax year. |
---|
| 1985 | + | SECTION 49. Chapter 26, Tax Code, is amended by adding |
---|
| 1986 | + | Sections 26.17 and 26.18 to read as follows: |
---|
| 1987 | + | Sec. 26.17. REAL-TIME TAX DATABASE. (a) The tax notice |
---|
| 1988 | + | officer of each appraisal district shall create and maintain a |
---|
| 1989 | + | database that: |
---|
| 1990 | + | (1) is identified by the name of the office of tax |
---|
| 1991 | + | notices, instead of the name of the appraisal district, and as the |
---|
| 1992 | + | "Real-Time Tax Database"; |
---|
| 1993 | + | (2) contains information that is provided by |
---|
| 1994 | + | designated officers or employees of the taxing units that are |
---|
| 1995 | + | located in the appraisal district in the manner required by rules |
---|
| 1996 | + | adopted by the comptroller; |
---|
| 1997 | + | (3) is continuously updated as preliminary and revised |
---|
| 1998 | + | data become available to and are provided by the designated |
---|
| 1999 | + | officers or employees of taxing units; |
---|
| 2000 | + | (4) is accessible to the public; and |
---|
| 2001 | + | (5) is searchable by property address and owner. |
---|
| 2002 | + | (b) The database must be capable of generating, with respect |
---|
| 2003 | + | to each property listed on the appraisal roll for the appraisal |
---|
| 2004 | + | district, a real-time tax notice that includes: |
---|
| 2005 | + | (1) the property's identification number; |
---|
| 2006 | + | (2) the property's market value; |
---|
| 2007 | + | (3) the property's taxable value; |
---|
| 2008 | + | (4) the name of each taxing unit in which the property |
---|
| 2009 | + | is located; |
---|
| 2010 | + | (5) for each taxing unit other than a school district |
---|
| 2011 | + | in which the property is located: |
---|
| 2012 | + | (A) the equivalent tax rate; and |
---|
| 2013 | + | (B) the rollback tax rate; |
---|
| 2014 | + | (6) for each school district in which the property is |
---|
| 2015 | + | located: |
---|
| 2016 | + | (A) the rate to maintain the same amount of state |
---|
| 2017 | + | and local revenue per weighted student that the district received |
---|
| 2018 | + | in the school year beginning in the preceding tax year; and |
---|
| 2019 | + | (B) the rollback tax rate; |
---|
| 2020 | + | (7) the tax rate proposed by the governing body of each |
---|
| 2021 | + | taxing unit in which the property is located; |
---|
| 2022 | + | (8) for each taxing unit other than a school district |
---|
| 2023 | + | in which the property is located, the taxes that would be imposed on |
---|
| 2024 | + | the property if the unit adopted a tax rate equal to: |
---|
| 2025 | + | (A) the equivalent tax rate; and |
---|
| 2026 | + | (B) the proposed tax rate; |
---|
| 2027 | + | (9) for each school district in which the property is |
---|
| 2028 | + | located, the taxes that would be imposed on the property if the |
---|
| 2029 | + | district adopted a tax rate equal to: |
---|
| 2030 | + | (A) the rate to maintain the same amount of state |
---|
| 2031 | + | and local revenue per weighted student that the district received |
---|
| 2032 | + | in the school year beginning in the preceding tax year; and |
---|
| 2033 | + | (B) the proposed tax rate; |
---|
| 2034 | + | (10) for each taxing unit other than a school district |
---|
| 2035 | + | in which the property is located, the difference between the amount |
---|
| 2036 | + | calculated under Subdivision (8)(A) and the amount calculated under |
---|
| 2037 | + | Subdivision (8)(B); |
---|
| 2038 | + | (11) for each school district in which the property is |
---|
| 2039 | + | located, the difference between the amount calculated under |
---|
| 2040 | + | Subdivision (9)(A) and the amount calculated under Subdivision |
---|
| 2041 | + | (9)(B); |
---|
| 2042 | + | (12) the date, time, and location of each public |
---|
| 2043 | + | hearing, if applicable, on the proposed tax rate to be held by the |
---|
| 2044 | + | governing body of each taxing unit in which the property is located; |
---|
| 2045 | + | (13) the date, time, and location of the public |
---|
| 2046 | + | meeting at which the tax rate will be adopted to be held by the |
---|
| 2047 | + | governing body of each taxing unit in which the property is located; |
---|
| 2048 | + | and |
---|
| 2049 | + | (14) for each taxing unit in which the property is |
---|
| 2050 | + | located, an e-mail address at which the taxing unit is capable of |
---|
| 2051 | + | receiving written comments regarding the proposed tax rate of the |
---|
| 2052 | + | taxing unit. |
---|
| 2053 | + | (c) The address of the Internet website at which the |
---|
| 2054 | + | information contained in the database may be found must be in the |
---|
| 2055 | + | form "(insert name of county in which appraisal district is |
---|
| 2056 | + | established)CountyTaxRates.gov" or a substantially similar form. |
---|
| 2057 | + | (d) The database must provide a link to the Internet website |
---|
| 2058 | + | used by each taxing unit in which the property is located to post |
---|
| 2059 | + | the information described by Section 26.18. The link must be |
---|
| 2060 | + | preceded by the following statement: |
---|
| 2061 | + | "Click on the name of the taxing unit for the following information |
---|
| 2062 | + | about the taxing unit: |
---|
| 2063 | + | "(1) the names of and contact information for each |
---|
| 2064 | + | member of the governing body of the taxing unit; |
---|
| 2065 | + | "(2) the budget proposed or adopted for the current |
---|
| 2066 | + | year and the budgets for the preceding two years, as well as an |
---|
| 2067 | + | analysis of the change in the budget from year to year; |
---|
| 2068 | + | "(3) the amount of property tax revenue budgeted for |
---|
| 2069 | + | maintenance and operation expenses and debt service in the proposed |
---|
| 2070 | + | or adopted budget and in the budgets for the preceding two years; |
---|
| 2071 | + | "(4) the tax rates adopted for maintenance and |
---|
| 2072 | + | operation expenses and debt service for the preceding two years and |
---|
| 2073 | + | the rates proposed for those purposes for the current year; and |
---|
| 2074 | + | "(5) the most recent financial audit of the taxing |
---|
| 2075 | + | unit." |
---|
| 2076 | + | (d-1) The database must include the following definition of |
---|
| 2077 | + | the equivalent tax rate: "The equivalent tax rate is last year's |
---|
| 2078 | + | tax rate, adjusted for changes in taxable value. The equivalent tax |
---|
| 2079 | + | rate takes into account all property on the tax roll for both last |
---|
| 2080 | + | year and this year." |
---|
| 2081 | + | (e) The officer or employee designated by the governing body |
---|
| 2082 | + | of each taxing unit to calculate the equivalent tax rate and the |
---|
| 2083 | + | rollback tax rate for the unit must electronically: |
---|
| 2084 | + | (1) enter in the database the information described by |
---|
| 2085 | + | Subsection (b) as the information becomes available; and |
---|
| 2086 | + | (2) incorporate into the database the completed tax |
---|
| 2087 | + | rate calculation forms prepared under Section 26.04(d-1) at the |
---|
| 2088 | + | same time the designated officer or employee submits the tax rates |
---|
| 2089 | + | to the governing body of the unit under Section 26.04(e). |
---|
| 2090 | + | (e-1) The e-mail address described by Subsection (b)(14) |
---|
| 2091 | + | must be accompanied by the following statement: "An e-mail address |
---|
| 2092 | + | is provided for each taxing unit as a way for you to express your |
---|
| 2093 | + | support for or opposition to the proposed tax rate. If you wish to |
---|
| 2094 | + | express your support or opposition, you are encouraged to do so |
---|
| 2095 | + | before the date of the hearing shown on the notice." |
---|
| 2096 | + | (f) Each taxing unit shall establish an e-mail address for |
---|
| 2097 | + | the purpose described by Subsection (b)(14). |
---|
| 2098 | + | Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
---|
| 2099 | + | TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
---|
| 2100 | + | website or have access to a generally accessible Internet website |
---|
| 2101 | + | that may be used for the purposes of this section. Each taxing unit |
---|
| 2102 | + | shall post or cause to be posted on the Internet website the |
---|
| 2103 | + | following information in a format prescribed by the comptroller: |
---|
| 2104 | + | (1) the name of each member of the governing body of |
---|
| 2105 | + | the taxing unit; |
---|
| 2106 | + | (2) the mailing address, e-mail address, and telephone |
---|
| 2107 | + | number of the taxing unit; |
---|
| 2108 | + | (3) the official contact information for each member |
---|
| 2109 | + | of the governing body of the taxing unit, if that information is |
---|
| 2110 | + | different from the information described by Subdivision (2); |
---|
| 2111 | + | (4) the taxing unit's budget for the preceding two |
---|
| 2112 | + | years; |
---|
| 2113 | + | (5) the taxing unit's proposed or adopted budget for |
---|
| 2114 | + | the current year; |
---|
| 2115 | + | (6) the change in the amount of the taxing unit's |
---|
| 2116 | + | budget from the preceding year to the current year, by dollar amount |
---|
| 2117 | + | and percentage; |
---|
| 2118 | + | (7) in the case of a taxing unit other than a school |
---|
| 2119 | + | district, the amount of property tax revenue budgeted for |
---|
| 2120 | + | maintenance and operations for: |
---|
| 2121 | + | (A) the preceding two years; and |
---|
| 2122 | + | (B) the current year; |
---|
| 2123 | + | (8) in the case of a taxing unit other than a school |
---|
| 2124 | + | district, the amount of property tax revenue budgeted for debt |
---|
| 2125 | + | service for: |
---|
| 2126 | + | (A) the preceding two years; and |
---|
| 2127 | + | (B) the current year; |
---|
| 2128 | + | (9) the tax rate for maintenance and operations |
---|
| 2129 | + | adopted by the taxing unit for the preceding two years; |
---|
| 2130 | + | (10) in the case of a taxing unit other than a school |
---|
| 2131 | + | district, the tax rate for debt service adopted by the unit for the |
---|
| 2132 | + | preceding two years; |
---|
| 2133 | + | (11) in the case of a school district, the interest and |
---|
| 2134 | + | sinking fund tax rate adopted by the district for the preceding two |
---|
| 2135 | + | years; |
---|
| 2136 | + | (12) the tax rate for maintenance and operations |
---|
| 2137 | + | proposed by the taxing unit for the current year; |
---|
| 2138 | + | (13) in the case of a taxing unit other than a school |
---|
| 2139 | + | district, the tax rate for debt service proposed by the unit for the |
---|
| 2140 | + | current year; |
---|
| 2141 | + | (14) in the case of a school district, the interest and |
---|
| 2142 | + | sinking fund tax rate proposed by the district for the current year; |
---|
| 2143 | + | and |
---|
| 2144 | + | (15) the most recent financial audit of the taxing |
---|
| 2145 | + | unit. |
---|
| 2146 | + | SECTION 50. Sections 31.12(a) and (b), Tax Code, as amended |
---|
338 | | - | SECTION 12. Section 130.016(b), Education Code, is amended |
---|
| 2194 | + | SECTION 52. Section 41.03(a), Tax Code, is amended to read |
---|
| 2195 | + | as follows: |
---|
| 2196 | + | (a) A taxing unit is entitled to challenge before the |
---|
| 2197 | + | appraisal review board: |
---|
| 2198 | + | (1) [the level of appraisals of any category of |
---|
| 2199 | + | property in the district or in any territory in the district, but |
---|
| 2200 | + | not the appraised value of a single taxpayer's property; |
---|
| 2201 | + | [(2)] an exclusion of property from the appraisal |
---|
| 2202 | + | records; |
---|
| 2203 | + | (2) [(3)] a grant in whole or in part of a partial |
---|
| 2204 | + | exemption; |
---|
| 2205 | + | (3) [(4)] a determination that land qualifies for |
---|
| 2206 | + | appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or |
---|
| 2207 | + | (4) [(5)] failure to identify the taxing unit as one |
---|
| 2208 | + | in which a particular property is taxable. |
---|
| 2209 | + | SECTION 53. Section 41.12(a), Tax Code, is amended to read |
---|
| 2210 | + | as follows: |
---|
| 2211 | + | (a) By July 5 [20], the appraisal review board shall: |
---|
| 2212 | + | (1) hear and determine all or substantially all timely |
---|
| 2213 | + | filed protests; |
---|
| 2214 | + | (2) determine all timely filed challenges; |
---|
| 2215 | + | (3) submit a list of its approved changes in the |
---|
| 2216 | + | records to the chief appraiser; and |
---|
| 2217 | + | (4) approve the records. |
---|
| 2218 | + | SECTION 54. Sections 41.44(a), (c), and (d), Tax Code, are |
---|
| 2219 | + | amended to read as follows: |
---|
| 2220 | + | (a) Except as provided by Subsections (b), [(b-1),] (c), |
---|
| 2221 | + | (c-1), and (c-2), to be entitled to a hearing and determination of a |
---|
| 2222 | + | protest, the property owner initiating the protest must file a |
---|
| 2223 | + | written notice of the protest with the appraisal review board |
---|
| 2224 | + | having authority to hear the matter protested: |
---|
| 2225 | + | (1) not later than the later of: |
---|
| 2226 | + | (A) [before] May 15; [1] or |
---|
| 2227 | + | (B) [not later than] the 30th day after the date |
---|
| 2228 | + | that notice to the property owner was delivered to the property |
---|
| 2229 | + | owner as provided by Section 25.19[, if the property is a |
---|
| 2230 | + | single-family residence that qualifies for an exemption under |
---|
| 2231 | + | Section 11.13, whichever is later]; |
---|
| 2232 | + | (2) [before June 1 or not later than the 30th day after |
---|
| 2233 | + | the date that notice was delivered to the property owner as provided |
---|
| 2234 | + | by Section 25.19 in connection with any other property, whichever |
---|
| 2235 | + | is later; |
---|
| 2236 | + | [(3)] in the case of a protest of a change in the |
---|
| 2237 | + | appraisal records ordered as provided by Subchapter A of this |
---|
| 2238 | + | chapter or by Chapter 25, not later than the 30th day after the date |
---|
| 2239 | + | notice of the change is delivered to the property owner; |
---|
| 2240 | + | (3) [(4)] in the case of a determination that a change |
---|
| 2241 | + | in the use of land appraised under Subchapter C, D, E, or H, Chapter |
---|
| 2242 | + | 23, has occurred, not later than the 30th day after the date the |
---|
| 2243 | + | notice of the determination is delivered to the property owner; or |
---|
| 2244 | + | (4) [(5)] in the case of a determination of |
---|
| 2245 | + | eligibility for a refund under Section 23.1243, not later than the |
---|
| 2246 | + | 30th day after the date the notice of the determination is delivered |
---|
| 2247 | + | to the property owner. |
---|
| 2248 | + | (c) A property owner who files notice of a protest |
---|
| 2249 | + | authorized by Section 41.411 is entitled to a hearing and |
---|
| 2250 | + | determination of the protest if the property owner files the notice |
---|
| 2251 | + | prior to the date the taxes on the property to which the notice |
---|
| 2252 | + | applies become delinquent. An owner of land who files a notice of |
---|
| 2253 | + | protest under Subsection (a)(3) [(a)(4)] is entitled to a hearing |
---|
| 2254 | + | and determination of the protest without regard to whether the |
---|
| 2255 | + | appraisal records are approved. |
---|
| 2256 | + | (d) A notice of protest is sufficient if it identifies the |
---|
| 2257 | + | protesting property owner, including a person claiming an ownership |
---|
| 2258 | + | interest in the property even if that person is not listed on the |
---|
| 2259 | + | appraisal records as an owner of the property, identifies the |
---|
| 2260 | + | property that is the subject of the protest, and indicates apparent |
---|
| 2261 | + | dissatisfaction with some determination of the appraisal office. |
---|
| 2262 | + | The notice need not be on an official form, but the comptroller |
---|
| 2263 | + | shall prescribe a form that provides for more detail about the |
---|
| 2264 | + | nature of the protest. The form must permit a property owner to |
---|
| 2265 | + | include each property in the appraisal district that is the subject |
---|
| 2266 | + | of a protest. The form must permit a property owner to request that |
---|
| 2267 | + | the protest be heard by a special panel established under Section |
---|
| 2268 | + | 6.425 if the protest will be determined by an appraisal review board |
---|
| 2269 | + | to which that section applies and the property is included in a |
---|
| 2270 | + | classification described by Section 6.425(b). The comptroller, |
---|
| 2271 | + | each appraisal office, and each appraisal review board shall make |
---|
| 2272 | + | the forms readily available and deliver one to a property owner on |
---|
| 2273 | + | request. |
---|
| 2274 | + | SECTION 55. Section 41.45, Tax Code, is amended by amending |
---|
| 2275 | + | Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to |
---|
| 2276 | + | read as follows: |
---|
| 2277 | + | (d) This subsection does not apply to a special panel |
---|
| 2278 | + | established under Section 6.425. An appraisal review board |
---|
| 2279 | + | consisting of more than three members may sit in panels of not fewer |
---|
| 2280 | + | than three members to conduct protest hearings. [However, the |
---|
| 2281 | + | determination of a protest heard by a panel must be made by the |
---|
| 2282 | + | board.] If the recommendation of a panel is not accepted by the |
---|
| 2283 | + | board, the board may refer the matter for rehearing to a panel |
---|
| 2284 | + | composed of members who did not hear the original protest [hearing] |
---|
| 2285 | + | or, if there are not at least three members who did not hear the |
---|
| 2286 | + | original protest, the board may determine the protest. [Before |
---|
| 2287 | + | determining a protest or conducting a rehearing before a new panel |
---|
| 2288 | + | or the board, the board shall deliver notice of the hearing or |
---|
| 2289 | + | meeting to determine the protest in accordance with the provisions |
---|
| 2290 | + | of this subchapter.] |
---|
| 2291 | + | (d-1) An appraisal review board to which Section 6.425 |
---|
| 2292 | + | applies shall sit in special panels established under that section |
---|
| 2293 | + | to conduct protest hearings. A special panel may conduct a protest |
---|
| 2294 | + | hearing relating to property only if the property is described by |
---|
| 2295 | + | Section 6.425(b) and the property owner has requested that a |
---|
| 2296 | + | special panel conduct the hearing or if the protest is assigned to |
---|
| 2297 | + | the special panel under Section 6.425(f). If the recommendation of |
---|
| 2298 | + | a special panel is not accepted by the board, the board may refer |
---|
| 2299 | + | the matter for rehearing to another special panel composed of |
---|
| 2300 | + | members who did not hear the original protest or, if there are not |
---|
| 2301 | + | at least three other special panel members who did not hear the |
---|
| 2302 | + | original protest, the board may determine the protest. |
---|
| 2303 | + | (d-2) The determination of a protest heard by a panel under |
---|
| 2304 | + | Subsection (d) or (d-1) must be made by the board. |
---|
| 2305 | + | (d-3) The board must deliver notice of a hearing or meeting |
---|
| 2306 | + | to determine a protest heard by a panel, or to rehear a protest, |
---|
| 2307 | + | under Subsection (d) or (d-1) in accordance with the provisions of |
---|
| 2308 | + | this subchapter. |
---|
| 2309 | + | SECTION 56. Section 41.46(a), Tax Code, is amended to read |
---|
| 2310 | + | as follows: |
---|
| 2311 | + | (a) The appraisal review board before which a protest |
---|
| 2312 | + | hearing is scheduled shall deliver written notice to the property |
---|
| 2313 | + | owner initiating a protest of the date, time, [and] place, and |
---|
| 2314 | + | subject matter of [fixed for] the hearing on the protest and of the |
---|
| 2315 | + | property owner's entitlement to a postponement of the hearing as |
---|
| 2316 | + | provided by Section 41.45 unless the property owner waives in |
---|
| 2317 | + | writing notice of the hearing. The board shall deliver the notice |
---|
| 2318 | + | not later than the 15th day before the date of the hearing. |
---|
| 2319 | + | SECTION 57. Section 41.461, Tax Code, is amended to read as |
---|
| 2320 | + | follows: |
---|
| 2321 | + | Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING; |
---|
| 2322 | + | DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before the |
---|
| 2323 | + | first scheduled [a] hearing on a protest, the chief appraiser |
---|
| 2324 | + | shall: |
---|
| 2325 | + | (1) deliver a copy of the pamphlet prepared by the |
---|
| 2326 | + | comptroller under Section 5.06 [5.06(a)] to the property owner |
---|
| 2327 | + | initiating the protest if the owner is representing himself, or to |
---|
| 2328 | + | an agent representing the owner if requested by the agent; |
---|
| 2329 | + | (2) inform the property owner that the owner or the |
---|
| 2330 | + | agent of the owner is entitled on request to [may inspect and may |
---|
| 2331 | + | obtain] a copy of the data, schedules, formulas, and all other |
---|
| 2332 | + | information the chief appraiser will [plans to] introduce at the |
---|
| 2333 | + | hearing to establish any matter at issue; and |
---|
| 2334 | + | (3) deliver a copy of the hearing procedures |
---|
| 2335 | + | established by the appraisal review board under Section 41.66 to |
---|
| 2336 | + | the property owner. |
---|
| 2337 | + | (b) The chief appraiser may not charge a property owner or |
---|
| 2338 | + | the designated agent of the owner for copies provided to the [an] |
---|
| 2339 | + | owner or designated agent under this section, regardless of the |
---|
| 2340 | + | manner in which the copies are prepared or delivered [may not exceed |
---|
| 2341 | + | the charge for copies of public information as provided under |
---|
| 2342 | + | Subchapter F, Chapter 552, Government Code, except: |
---|
| 2343 | + | [(1) the total charge for copies provided in |
---|
| 2344 | + | connection with a protest of the appraisal of residential property |
---|
| 2345 | + | may not exceed $15 for each residence; and |
---|
| 2346 | + | [(2) the total charge for copies provided in |
---|
| 2347 | + | connection with a protest of the appraisal of a single unit of |
---|
| 2348 | + | property subject to appraisal, other than residential property, may |
---|
| 2349 | + | not exceed $25]. |
---|
| 2350 | + | (c) A chief appraiser shall deliver information requested |
---|
| 2351 | + | by a property owner or the agent of the owner under Subsection |
---|
| 2352 | + | (a)(2): |
---|
| 2353 | + | (1) by regular first-class mail, deposited in the |
---|
| 2354 | + | United States mail, postage prepaid, and addressed to the property |
---|
| 2355 | + | owner or agent at the address provided in the request for the |
---|
| 2356 | + | information; |
---|
| 2357 | + | (2) in an electronic format as provided by an |
---|
| 2358 | + | agreement under Section 1.085; or |
---|
| 2359 | + | (3) subject to Subsection (d), by referring the |
---|
| 2360 | + | property owner or the agent of the owner to a secure Internet |
---|
| 2361 | + | website with user registration and authentication or to the exact |
---|
| 2362 | + | Internet location or uniform resource locator (URL) address on an |
---|
| 2363 | + | Internet website maintained by the appraisal district on which the |
---|
| 2364 | + | requested information is identifiable and readily available. |
---|
| 2365 | + | (d) If a chief appraiser provides a property owner or the |
---|
| 2366 | + | agent of the owner information under Subsection (c)(3), the notice |
---|
| 2367 | + | must contain a statement in a conspicuous font that clearly |
---|
| 2368 | + | indicates that the property owner or the agent of the owner may on |
---|
| 2369 | + | request receive the information by regular first-class mail or in |
---|
| 2370 | + | person at the appraisal office. On request by a property owner or |
---|
| 2371 | + | the agent of the owner, the chief appraiser must provide the |
---|
| 2372 | + | information by regular first-class mail or in person at the |
---|
| 2373 | + | appraisal office. |
---|
| 2374 | + | SECTION 58. Section 41.47, Tax Code, is amended by adding |
---|
| 2375 | + | Subsections (c-2) and (f) and amending Subsection (e) to read as |
---|
| 2376 | + | follows: |
---|
| 2377 | + | (c-2) The board may not determine the appraised value of the |
---|
| 2378 | + | property that is the subject of a protest to be an amount greater |
---|
| 2379 | + | than the appraised value of the property as shown in the appraisal |
---|
| 2380 | + | records submitted to the board by the chief appraiser under Section |
---|
| 2381 | + | 25.22 or 25.23. |
---|
| 2382 | + | (e) The notice of the issuance of the order must contain a |
---|
| 2383 | + | prominently printed statement in upper-case bold lettering |
---|
| 2384 | + | informing the property owner in clear and concise language of the |
---|
| 2385 | + | property owner's right to appeal the order of the board [board's |
---|
| 2386 | + | decision] to district court. The statement must describe the |
---|
| 2387 | + | deadline prescribed by Section 42.06(a) [of this code] for filing a |
---|
| 2388 | + | written notice of appeal[,] and the deadline prescribed by Section |
---|
| 2389 | + | 42.21(a) [of this code] for filing the petition for review with the |
---|
| 2390 | + | district court. |
---|
| 2391 | + | (f) The appraisal review board shall take the actions |
---|
| 2392 | + | required by Subsections (a) and (d) not later than the 15th day |
---|
| 2393 | + | after the date the hearing on the protest is concluded. |
---|
| 2394 | + | SECTION 59. Section 41.66, Tax Code, is amended by amending |
---|
| 2395 | + | Subsections (h), (i), and (j) and adding Subsections (j-1) and (p) |
---|
| 2396 | + | to read as follows: |
---|
| 2397 | + | (h) The appraisal review board shall postpone a hearing on a |
---|
| 2398 | + | protest if the property owner or the designated agent of the owner |
---|
| 2399 | + | requests additional time to prepare for the hearing and establishes |
---|
| 2400 | + | to the board that the chief appraiser failed to comply with Section |
---|
| 2401 | + | 41.461. The board is not required to postpone a hearing more than |
---|
| 2402 | + | one time under this subsection. |
---|
| 2403 | + | (i) A hearing on a protest filed by a property owner or the |
---|
| 2404 | + | designated agent of the owner [who is not represented by an agent |
---|
| 2405 | + | designated under Section 1.111] shall be set for a time and date |
---|
| 2406 | + | certain. If the hearing is not commenced within two hours of the |
---|
| 2407 | + | time set for the hearing, the appraisal review board shall postpone |
---|
| 2408 | + | the hearing on the request of the property owner or the designated |
---|
| 2409 | + | agent of the owner. |
---|
| 2410 | + | (j) On the request of a property owner or the [a] designated |
---|
| 2411 | + | agent of the owner, an appraisal review board shall schedule |
---|
| 2412 | + | hearings on protests concerning up to 20 designated properties to |
---|
| 2413 | + | be held consecutively on the same day. The designated properties |
---|
| 2414 | + | must be identified in the same notice of protest, and the notice |
---|
| 2415 | + | must contain in boldfaced type the statement "request for same-day |
---|
| 2416 | + | protest hearings." A property owner or the designated agent of the |
---|
| 2417 | + | owner may [not] file more than one request under this subsection |
---|
| 2418 | + | with the appraisal review board in the same tax year. The appraisal |
---|
| 2419 | + | review board may schedule hearings on protests concerning more than |
---|
| 2420 | + | 20 properties filed by the same property owner or the designated |
---|
| 2421 | + | agent of the owner and may use different panels to conduct the |
---|
| 2422 | + | hearings based on the board's customary scheduling. The appraisal |
---|
| 2423 | + | review board may follow the practices customarily used by the board |
---|
| 2424 | + | in the scheduling of hearings under this subsection. |
---|
| 2425 | + | (j-1) An appraisal review board may schedule the hearings on |
---|
| 2426 | + | all protests filed by a property owner or the designated agent of |
---|
| 2427 | + | the owner to be held consecutively. The notice of the hearings must |
---|
| 2428 | + | state the date and time that the first hearing will begin, state the |
---|
| 2429 | + | date the last hearing will end, and list the order in which the |
---|
| 2430 | + | hearings will be held. The order of the hearings listed in the |
---|
| 2431 | + | notice may not be changed without the agreement of the property |
---|
| 2432 | + | owner or the designated agent of the owner, the chief appraiser, and |
---|
| 2433 | + | the appraisal review board. The board may not reschedule a hearing |
---|
| 2434 | + | for which notice is given under this subsection to a date earlier |
---|
| 2435 | + | than the seventh day after the date the last hearing was scheduled |
---|
| 2436 | + | to end unless agreed to by the property owner or the designated |
---|
| 2437 | + | agent of the owner, the chief appraiser, and the appraisal review |
---|
| 2438 | + | board. Unless agreed to by the parties, the board must provide |
---|
| 2439 | + | written notice of the date and time of the rescheduled hearing to |
---|
| 2440 | + | the property owner or the designated agent of the owner not later |
---|
| 2441 | + | than the seventh day before the date of the hearing. |
---|
| 2442 | + | (p) At the end of a hearing on a protest, the appraisal |
---|
| 2443 | + | review board shall provide the property owner or the designated |
---|
| 2444 | + | agent of the owner one or more documents indicating that the members |
---|
| 2445 | + | of the board hearing the protest signed the affidavit required by |
---|
| 2446 | + | Subsection (g). |
---|
| 2447 | + | SECTION 60. Section 41.66, Tax Code, is amended by amending |
---|
| 2448 | + | Subsection (k) and adding Subsection (k-1) to read as follows: |
---|
| 2449 | + | (k) This subsection does not apply to a special panel |
---|
| 2450 | + | established under Section 6.425. If an appraisal review board sits |
---|
| 2451 | + | in panels to conduct protest hearings, protests shall be randomly |
---|
| 2452 | + | assigned to panels, except that the board may consider the type of |
---|
| 2453 | + | property subject to the protest or the ground of the protest for the |
---|
| 2454 | + | purpose of using the expertise of a particular panel in hearing |
---|
| 2455 | + | protests regarding particular types of property or based on |
---|
| 2456 | + | particular grounds. If a protest is scheduled to be heard by a |
---|
| 2457 | + | particular panel, the protest may not be reassigned to another |
---|
| 2458 | + | panel without the consent of the property owner or designated |
---|
| 2459 | + | agent. If the appraisal review board has cause to reassign a |
---|
| 2460 | + | protest to another panel, a property owner or designated agent may |
---|
| 2461 | + | agree to reassignment of the protest or may request that the hearing |
---|
| 2462 | + | on the protest be postponed. The board shall postpone the hearing |
---|
| 2463 | + | on that request. A change of members of a panel because of a |
---|
| 2464 | + | conflict of interest, illness, or inability to continue |
---|
| 2465 | + | participating in hearings for the remainder of the day does not |
---|
| 2466 | + | constitute reassignment of a protest to another panel. |
---|
| 2467 | + | (k-1) On the request of a property owner, an appraisal |
---|
| 2468 | + | review board to which Section 6.425 applies shall assign a protest |
---|
| 2469 | + | relating to property described by Section 6.425(b) to a special |
---|
| 2470 | + | panel. In addition, the chairman of the appraisal review board may |
---|
| 2471 | + | assign a protest relating to property not described by Section |
---|
| 2472 | + | 6.425(b) to a special panel as authorized by Section 6.425(f). |
---|
| 2473 | + | Protests assigned to special panels shall be randomly assigned to |
---|
| 2474 | + | those panels. If a protest is scheduled to be heard by a particular |
---|
| 2475 | + | special panel, the protest may not be reassigned to another special |
---|
| 2476 | + | panel without the consent of the property owner or designated |
---|
| 2477 | + | agent. If the board has cause to reassign a protest to another |
---|
| 2478 | + | special panel, a property owner or designated agent may agree to |
---|
| 2479 | + | reassignment of the protest or may request that the hearing on the |
---|
| 2480 | + | protest be postponed. The board shall postpone the hearing on that |
---|
| 2481 | + | request. A change of members of a special panel because of a |
---|
| 2482 | + | conflict of interest, illness, or inability to continue |
---|
| 2483 | + | participating in hearings for the remainder of the day does not |
---|
| 2484 | + | constitute reassignment of a protest to another special panel. |
---|
| 2485 | + | SECTION 61. Section 41.67(d), Tax Code, is amended to read |
---|
| 2486 | + | as follows: |
---|
| 2487 | + | (d) Information that was previously requested under Section |
---|
| 2488 | + | 41.461 by the protesting party that was not delivered [made |
---|
| 2489 | + | available] to the protesting party at least 14 days before the |
---|
| 2490 | + | scheduled or postponed hearing may not be used or offered in any |
---|
| 2491 | + | form as evidence in the hearing, including as a document or through |
---|
| 2492 | + | argument or testimony. |
---|
| 2493 | + | SECTION 62. Section 41.71, Tax Code, is amended to read as |
---|
| 2494 | + | follows: |
---|
| 2495 | + | Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An |
---|
| 2496 | + | appraisal review board by rule shall provide for hearings on |
---|
| 2497 | + | protests [in the evening or] on a Saturday or after 5 p.m. on a |
---|
| 2498 | + | weekday [Sunday]. |
---|
| 2499 | + | (b) The board may not schedule: |
---|
| 2500 | + | (1) the first hearing on a protest held on a weekday |
---|
| 2501 | + | evening to begin after 7 p.m.; or |
---|
| 2502 | + | (2) a hearing on a protest on a Sunday. |
---|
| 2503 | + | SECTION 63. Section 41A.06(b), Tax Code, as effective |
---|
| 2504 | + | September 1, 2017, is amended to read as follows: |
---|
| 2505 | + | (b) To initially qualify to serve as an arbitrator under |
---|
| 2506 | + | this chapter, a person must: |
---|
| 2507 | + | (1) meet the following requirements, as applicable: |
---|
| 2508 | + | (A) be licensed as an attorney in this state; or |
---|
| 2509 | + | (B) have: |
---|
| 2510 | + | (i) completed at least 30 hours of training |
---|
| 2511 | + | in arbitration and alternative dispute resolution procedures from a |
---|
| 2512 | + | university, college, or legal or real estate trade association; and |
---|
| 2513 | + | (ii) been licensed or certified |
---|
| 2514 | + | continuously during the five years preceding the date the person |
---|
| 2515 | + | agrees to serve as an arbitrator as: |
---|
| 2516 | + | (a) a real estate broker or sales |
---|
| 2517 | + | agent under Chapter 1101, Occupations Code; |
---|
| 2518 | + | (b) a real estate appraiser under |
---|
| 2519 | + | Chapter 1103, Occupations Code; or |
---|
| 2520 | + | (c) a certified public accountant |
---|
| 2521 | + | under Chapter 901, Occupations Code; [and] |
---|
| 2522 | + | (2) complete the course for training and education of |
---|
| 2523 | + | appraisal review board members established under Section 5.041 and |
---|
| 2524 | + | be issued a certificate indicating course completion; |
---|
| 2525 | + | (3) complete the training program on property tax law |
---|
| 2526 | + | for the training and education of arbitrators established under |
---|
| 2527 | + | Section 5.043; and |
---|
| 2528 | + | (4) agree to conduct an arbitration for a fee that is |
---|
| 2529 | + | not more than: |
---|
| 2530 | + | (A) $400, if the property qualifies as the |
---|
| 2531 | + | owner's residence homestead under Section 11.13 and the appraised |
---|
| 2532 | + | or market value, as applicable, of the property is $500,000 or less, |
---|
| 2533 | + | as determined by the order; |
---|
| 2534 | + | (B) $450, if the property qualifies as the |
---|
| 2535 | + | owner's residence homestead under Section 11.13 and the appraised |
---|
| 2536 | + | or market value, as applicable, of the property is more than |
---|
| 2537 | + | $500,000, as determined by the order; |
---|
| 2538 | + | (C) $450, if the property does not qualify as the |
---|
| 2539 | + | owner's residence homestead under Section 11.13 and the appraised |
---|
| 2540 | + | or market value, as applicable, of the property is $1 million or |
---|
| 2541 | + | less, as determined by the order; |
---|
| 2542 | + | (D) $750, if the property does not qualify as the |
---|
| 2543 | + | owner's residence homestead under Section 11.13 and the appraised |
---|
| 2544 | + | or market value, as applicable, of the property is more than $1 |
---|
| 2545 | + | million but not more than $2 million, as determined by the order; |
---|
| 2546 | + | (E) $1,000, if the property does not qualify as |
---|
| 2547 | + | the owner's residence homestead under Section 11.13 and the |
---|
| 2548 | + | appraised or market value, as applicable, of the property is more |
---|
| 2549 | + | than $2 million but not more than $3 million, as determined by the |
---|
| 2550 | + | order; or |
---|
| 2551 | + | (F) $1,500, if the property does not qualify as |
---|
| 2552 | + | the owner's residence homestead under Section 11.13 and the |
---|
| 2553 | + | appraised or market value, as applicable, of the property is more |
---|
| 2554 | + | than $3 million but not more than $5 million, as determined by the |
---|
| 2555 | + | order. |
---|
| 2556 | + | SECTION 64. Section 41A.061(b), Tax Code, is amended to |
---|
| 2557 | + | read as follows: |
---|
| 2558 | + | (b) To renew the person's agreement to serve as an |
---|
| 2559 | + | arbitrator, the person must: |
---|
| 2560 | + | (1) file a renewal application with the comptroller at |
---|
| 2561 | + | the time and in the manner prescribed by the comptroller; |
---|
| 2562 | + | (2) continue to meet the requirements provided by |
---|
| 2563 | + | Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; and |
---|
| 2564 | + | (3) during the preceding two years have completed at |
---|
| 2565 | + | least eight hours of continuing education in arbitration and |
---|
| 2566 | + | alternative dispute resolution procedures offered by a university, |
---|
| 2567 | + | college, real estate trade association, or legal association. |
---|
| 2568 | + | SECTION 65. Sections 41A.07(e), (f), and (g), Tax Code, as |
---|
| 2569 | + | effective September 1, 2017, are amended to read as follows: |
---|
| 2570 | + | (e) To be eligible for appointment as an arbitrator under |
---|
| 2571 | + | this section [Subsection (a)], the arbitrator must reside[: |
---|
| 2572 | + | [(1) in the county in which the property that is the |
---|
| 2573 | + | subject of the appeal is located; or |
---|
| 2574 | + | [(2)] in this state [if no available arbitrator on the |
---|
| 2575 | + | registry resides in that county]. |
---|
| 2576 | + | (f) A person is not eligible for appointment as an |
---|
| 2577 | + | arbitrator under this section [Subsection (a)] if at any time |
---|
| 2578 | + | during the preceding five years, the person has: |
---|
| 2579 | + | (1) represented a person for compensation in a |
---|
| 2580 | + | proceeding under this title in the appraisal district in which the |
---|
| 2581 | + | property that is the subject of the appeal is located; |
---|
| 2582 | + | (2) served as an officer or employee of that appraisal |
---|
| 2583 | + | district; or |
---|
| 2584 | + | (3) served as a member of the appraisal review board |
---|
| 2585 | + | for that appraisal district. |
---|
| 2586 | + | (g) The comptroller may not appoint an arbitrator under this |
---|
| 2587 | + | section [Subsection (a)] if the comptroller determines that there |
---|
| 2588 | + | is good cause not to appoint the arbitrator, including information |
---|
| 2589 | + | or evidence indicating repeated bias or misconduct by the person |
---|
| 2590 | + | while acting as an arbitrator. |
---|
| 2591 | + | SECTION 66. Section 41A.07, Tax Code, is amended by adding |
---|
| 2592 | + | Subsection (h) to read as follows: |
---|
| 2593 | + | (h) A property owner may request that, in appointing an |
---|
| 2594 | + | initial arbitrator under this section, the comptroller appoint an |
---|
| 2595 | + | arbitrator who resides in the county in which the property that is |
---|
| 2596 | + | the subject of the appeal is located or an arbitrator who resides |
---|
| 2597 | + | outside that county. In appointing an initial arbitrator under |
---|
| 2598 | + | Subsection (a), the comptroller shall comply with the request of |
---|
| 2599 | + | the property owner unless the property owner requests that the |
---|
| 2600 | + | comptroller appoint an arbitrator who resides in the county in |
---|
| 2601 | + | which the property that is the subject of the appeal is located and |
---|
| 2602 | + | there is not an available arbitrator who resides in that county. In |
---|
| 2603 | + | appointing a substitute arbitrator under Subsection (d), the |
---|
| 2604 | + | comptroller shall consider but is not required to comply with the |
---|
| 2605 | + | request of the property owner. This subsection does not authorize a |
---|
| 2606 | + | property owner to request the appointment of a specific individual |
---|
| 2607 | + | as an arbitrator. |
---|
| 2608 | + | SECTION 67. Section 41A.09(b), Tax Code, is amended to read |
---|
| 2609 | + | as follows: |
---|
| 2610 | + | (b) An award under this section: |
---|
| 2611 | + | (1) must include a determination of the appraised or |
---|
| 2612 | + | market value, as applicable, of the property that is the subject of |
---|
| 2613 | + | the appeal; |
---|
| 2614 | + | (2) may include any remedy or relief a court may order |
---|
| 2615 | + | under Chapter 42 in an appeal relating to the appraised or market |
---|
| 2616 | + | value of property; |
---|
| 2617 | + | (3) shall specify the arbitrator's fee, which may not |
---|
| 2618 | + | exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)]; |
---|
| 2619 | + | (4) is final and may not be appealed except as |
---|
| 2620 | + | permitted under Section 171.088, Civil Practice and Remedies Code, |
---|
| 2621 | + | for an award subject to that section; and |
---|
| 2622 | + | (5) may be enforced in the manner provided by |
---|
| 2623 | + | Subchapter D, Chapter 171, Civil Practice and Remedies Code. |
---|
| 2624 | + | SECTION 68. Section 45.105(e), Education Code, is amended |
---|
| 2625 | + | to read as follows: |
---|
| 2626 | + | (e) The governing body of an independent school district |
---|
| 2627 | + | that governs a junior college district under Subchapter B, Chapter |
---|
| 2628 | + | 130, in a county with a population of more than two million may |
---|
| 2629 | + | dedicate a specific percentage of the local tax levy to the use of |
---|
| 2630 | + | the junior college district for facilities and equipment or for the |
---|
| 2631 | + | maintenance and operating expenses of the junior college district. |
---|
| 2632 | + | To be effective, the dedication must be made by the governing body |
---|
| 2633 | + | on or before the date on which the governing body adopts its tax |
---|
| 2634 | + | rate for a year. The amount of local tax funds derived from the |
---|
| 2635 | + | percentage of the local tax levy dedicated to a junior college |
---|
| 2636 | + | district from a tax levy may not exceed the amount that would be |
---|
| 2637 | + | levied by five percent of the equivalent [effective] tax rate for |
---|
| 2638 | + | the tax year calculated as provided by Section 26.04, Tax Code, on |
---|
| 2639 | + | all property taxable by the school district. All real property |
---|
| 2640 | + | purchased with these funds is the property of the school district, |
---|
| 2641 | + | but is subject to the exclusive control of the governing body of the |
---|
| 2642 | + | junior college district for as long as the junior college district |
---|
| 2643 | + | uses the property for educational purposes. |
---|
| 2644 | + | SECTION 69. Section 130.016(b), Education Code, is amended |
---|
369 | | - | approved, and Section 26.07 or 26.08, Tax Code, as applicable, |
---|
370 | | - | applies to the adopted rate if that rate exceeds the district's |
---|
371 | | - | rollback tax rate. |
---|
372 | | - | SECTION 14. Section 140.010, Local Government Code, is |
---|
373 | | - | amended by amending Subsections (a), (e), (f), and (g) and adding |
---|
374 | | - | Subsection (e-1) to read as follows: |
---|
375 | | - | (a) In this section: |
---|
376 | | - | (1) "Effective[, "effective] tax rate" and "rollback |
---|
377 | | - | tax rate" mean the effective tax rate and rollback tax rate of a |
---|
378 | | - | county or municipality, as applicable, as calculated under Chapter |
---|
379 | | - | 26, Tax Code. |
---|
380 | | - | (2) "Small taxing unit" has the meaning assigned by |
---|
381 | | - | Section 26.012, Tax Code. |
---|
382 | | - | (e) A county or municipality that is a small taxing unit and |
---|
383 | | - | that proposes a property tax rate that exceeds the lower of the |
---|
384 | | - | effective tax rate or the rollback tax rate shall provide the |
---|
385 | | - | following notice: |
---|
386 | | - | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
---|
387 | | - | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
---|
388 | | - | "A tax rate of $_____ per $100 valuation has been proposed for |
---|
389 | | - | adoption by the governing body of (insert name of county or |
---|
390 | | - | municipality). This rate exceeds the lower of the effective or |
---|
391 | | - | rollback tax rate, and state law requires that two public hearings |
---|
392 | | - | be held by the governing body before adopting the proposed tax rate. |
---|
393 | | - | The governing body of (insert name of county or municipality) |
---|
394 | | - | proposes to use revenue attributable to the tax rate increase for |
---|
395 | | - | the purpose of (description of purpose of increase). |
---|
396 | | - | PROPOSED TAX RATE$______ per $100 |
---|
397 | | - | PRECEDING YEAR'S TAX RATE$______ per $100 |
---|
398 | | - | EFFECTIVE TAX RATE$______ per $100 |
---|
399 | | - | ROLLBACK TAX RATE$______ per $100 |
---|
400 | | - | "The effective tax rate is the total tax rate needed to raise the |
---|
401 | | - | same amount of property tax revenue for (insert name of county or |
---|
402 | | - | municipality) from the same properties in both the (insert |
---|
403 | | - | preceding tax year) tax year and the (insert current tax year) tax |
---|
404 | | - | year. |
---|
405 | | - | "The rollback tax rate is the highest tax rate that (insert name of |
---|
406 | | - | county or municipality) may adopt before the voters are entitled to |
---|
407 | | - | petition for an election to limit the rate that may be approved to |
---|
408 | | - | the rollback tax rate. |
---|
409 | | - | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
410 | | - | FOLLOWS: |
---|
411 | | - | property tax amount = (rate) x (taxable value of your property) / |
---|
412 | | - | 100 |
---|
413 | | - | "For assistance or detailed information about tax calculations, |
---|
414 | | - | please contact: |
---|
415 | | - | (insert name of county or municipal tax assessor-collector) |
---|
416 | | - | (insert name of county or municipality) tax |
---|
417 | | - | assessor-collector |
---|
418 | | - | (insert address) |
---|
419 | | - | (insert telephone number) |
---|
420 | | - | (insert e-mail address) |
---|
421 | | - | (insert Internet website address, if applicable) |
---|
422 | | - | "You are urged to attend and express your views at the following |
---|
423 | | - | public hearings on the proposed tax rate: |
---|
424 | | - | First Hearing: (insert date and time) at (insert location of |
---|
425 | | - | meeting). |
---|
426 | | - | Second Hearing: (insert date and time) at (insert location |
---|
427 | | - | of meeting)." |
---|
428 | | - | (e-1) A county or municipality that is not a small taxing |
---|
429 | | - | unit and that proposes a property tax rate that exceeds the lower of |
---|
430 | | - | the effective tax rate or the rollback tax rate shall provide the |
---|
431 | | - | following notice: |
---|
432 | | - | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
---|
433 | | - | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
---|
434 | | - | "A tax rate of $_____ per $100 valuation has been proposed for |
---|
435 | | - | adoption by the governing body of (insert name of county or |
---|
436 | | - | municipality). This rate exceeds the lower of the effective or |
---|
437 | | - | rollback tax rate, and state law requires that two public hearings |
---|
438 | | - | be held by the governing body before adopting the proposed tax rate. |
---|
439 | | - | The governing body of (insert name of county or municipality) |
---|
440 | | - | proposes to use revenue attributable to the tax rate increase for |
---|
441 | | - | the purpose of (description of purpose of increase). |
---|
442 | | - | PROPOSED TAX RATE$______ per $100 |
---|
443 | | - | PRECEDING YEAR'S TAX RATE$______ per $100 |
---|
444 | | - | EFFECTIVE TAX RATE$______ per $100 |
---|
445 | | - | ROLLBACK TAX RATE$______ per $100 |
---|
446 | | - | "The effective tax rate is the total tax rate needed to raise the |
---|
447 | | - | same amount of property tax revenue for (insert name of county or |
---|
448 | | - | municipality) from the same properties in both the (insert |
---|
449 | | - | preceding tax year) tax year and the (insert current tax year) tax |
---|
450 | | - | year. |
---|
451 | | - | "The rollback tax rate is the highest tax rate that (insert name of |
---|
452 | | - | county or municipality) may adopt before the (insert "county" or |
---|
453 | | - | "city") is required to hold an election to limit the rate that may |
---|
454 | | - | be approved to the rollback tax rate. |
---|
455 | | - | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
456 | | - | FOLLOWS: |
---|
457 | | - | property tax amount = (rate) x (taxable value of your property) / |
---|
458 | | - | 100 |
---|
459 | | - | "For assistance or detailed information about tax calculations, |
---|
460 | | - | please contact: |
---|
461 | | - | (insert name of county or municipal tax assessor-collector) |
---|
462 | | - | (insert name of county or municipality) tax |
---|
463 | | - | assessor-collector |
---|
464 | | - | (insert address) |
---|
465 | | - | (insert telephone number) |
---|
466 | | - | (insert e-mail address) |
---|
467 | | - | (insert Internet website address, if applicable) |
---|
468 | | - | "You are urged to attend and express your views at the following |
---|
469 | | - | public hearings on the proposed tax rate: |
---|
470 | | - | First Hearing: (insert date and time) at (insert location of |
---|
471 | | - | meeting). |
---|
472 | | - | Second Hearing: (insert date and time) at (insert location |
---|
473 | | - | of meeting)." |
---|
474 | | - | (f) A county or municipality shall: |
---|
475 | | - | (1) provide the notice required by Subsection (d), |
---|
476 | | - | [or] (e), or (e-1), as applicable, not later than the later of |
---|
477 | | - | September 1 or the 30th day after the first date that the taxing |
---|
478 | | - | unit has received each applicable certified appraisal roll by: |
---|
479 | | - | (A) publishing the notice in a newspaper having |
---|
480 | | - | general circulation in: |
---|
481 | | - | (i) the county, in the case of notice |
---|
482 | | - | published by a county; or |
---|
483 | | - | (ii) the county in which the municipality |
---|
484 | | - | is located or primarily located, in the case of notice published by |
---|
485 | | - | a municipality; or |
---|
486 | | - | (B) mailing the notice to each property owner in: |
---|
487 | | - | (i) the county, in the case of notice |
---|
488 | | - | provided by a county; or |
---|
489 | | - | (ii) the municipality, in the case of |
---|
490 | | - | notice provided by a municipality; and |
---|
491 | | - | (2) post the notice on the Internet website of the |
---|
492 | | - | county or municipality, if applicable, beginning not later than the |
---|
493 | | - | later of September 1 or the 30th day after the first date that the |
---|
494 | | - | taxing unit has received each applicable certified appraisal roll |
---|
495 | | - | and continuing until the county or municipality adopts a tax rate. |
---|
496 | | - | (g) If the notice required by Subsection (d), [or] (e), or |
---|
497 | | - | (e-1) is published in a newspaper: |
---|
498 | | - | (1) the notice may not be smaller than one-quarter |
---|
499 | | - | page of a standard-size or a tabloid-size newspaper; and |
---|
500 | | - | (2) the headline on the notice must be in 24-point or |
---|
501 | | - | larger type. |
---|
502 | | - | SECTION 15. Section 1122.2522, Special District Local Laws |
---|
503 | | - | Code, is amended by amending Subsection (a) and adding Subsection |
---|
504 | | - | (a-1) to read as follows: |
---|
505 | | - | (a) If in any year the board adopts a tax rate that exceeds |
---|
506 | | - | the rollback tax rate calculated as provided by Chapter 26, Tax |
---|
507 | | - | Code, and the district is a small taxing unit as defined by Section |
---|
508 | | - | 26.012 of that code, the qualified voters of the district by |
---|
509 | | - | petition may require that an election be held to determine whether |
---|
510 | | - | or not to reduce the tax rate adopted by the board for that year to |
---|
511 | | - | the rollback tax rate. |
---|
512 | | - | (a-1) If in any year the board adopts a tax rate that exceeds |
---|
513 | | - | the rollback tax rate calculated as provided by Chapter 26, Tax |
---|
514 | | - | Code, and the district is not a small taxing unit as defined by |
---|
515 | | - | Section 26.012 of that code, an election must be held to determine |
---|
516 | | - | whether or not to approve the tax rate adopted by the board for that |
---|
517 | | - | year. |
---|
518 | | - | SECTION 16. Sections 3828.157 and 8876.152, Special |
---|
519 | | - | District Local Laws Code, are amended to read as follows: |
---|
| 2680 | + | approved, and Section 26.08 [26.07], Tax Code, applies to the |
---|
| 2681 | + | adopted rate if that rate exceeds the district's rollback tax rate. |
---|
| 2682 | + | SECTION 72. Section 102.007(d), Local Government Code, is |
---|
| 2683 | + | amended to read as follows: |
---|
| 2684 | + | (d) An adopted budget must contain a cover page that |
---|
| 2685 | + | includes: |
---|
| 2686 | + | (1) one of the following statements in 18-point or |
---|
| 2687 | + | larger type that accurately describes the adopted budget: |
---|
| 2688 | + | (A) "This budget will raise more revenue from |
---|
| 2689 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2690 | + | dollar amount of increase), which is a (insert percentage increase) |
---|
| 2691 | + | percent increase from last year's budget. The property tax revenue |
---|
| 2692 | + | to be raised from new property added to the tax roll this year is |
---|
| 2693 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2694 | + | value of new property added to the roll)."; |
---|
| 2695 | + | (B) "This budget will raise less revenue from |
---|
| 2696 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2697 | + | dollar amount of decrease), which is a (insert percentage decrease) |
---|
| 2698 | + | percent decrease from last year's budget. The property tax revenue |
---|
| 2699 | + | to be raised from new property added to the tax roll this year is |
---|
| 2700 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2701 | + | value of new property added to the roll)."; or |
---|
| 2702 | + | (C) "This budget will raise the same amount of |
---|
| 2703 | + | revenue from property taxes as last year's budget. The property tax |
---|
| 2704 | + | revenue to be raised from new property added to the tax roll this |
---|
| 2705 | + | year is (insert amount computed by multiplying the proposed tax |
---|
| 2706 | + | rate by the value of new property added to the roll)."; |
---|
| 2707 | + | (2) the record vote of each member of the governing |
---|
| 2708 | + | body by name voting on the adoption of the budget; |
---|
| 2709 | + | (3) the municipal property tax rates for the preceding |
---|
| 2710 | + | fiscal year, and each municipal property tax rate that has been |
---|
| 2711 | + | adopted or calculated for the current fiscal year, including: |
---|
| 2712 | + | (A) the property tax rate; |
---|
| 2713 | + | (B) the equivalent [effective] tax rate; |
---|
| 2714 | + | (C) the equivalent [effective] maintenance and |
---|
| 2715 | + | operations tax rate; |
---|
| 2716 | + | (D) the rollback tax rate; and |
---|
| 2717 | + | (E) the debt rate; and |
---|
| 2718 | + | (4) the total amount of municipal debt obligations. |
---|
| 2719 | + | SECTION 73. Section 111.008(d), Local Government Code, is |
---|
| 2720 | + | amended to read as follows: |
---|
| 2721 | + | (d) An adopted budget must contain a cover page that |
---|
| 2722 | + | includes: |
---|
| 2723 | + | (1) one of the following statements in 18-point or |
---|
| 2724 | + | larger type that accurately describes the adopted budget: |
---|
| 2725 | + | (A) "This budget will raise more revenue from |
---|
| 2726 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2727 | + | dollar amount of increase), which is a (insert percentage increase) |
---|
| 2728 | + | percent increase from last year's budget. The property tax revenue |
---|
| 2729 | + | to be raised from new property added to the tax roll this year is |
---|
| 2730 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2731 | + | value of new property added to the roll)."; |
---|
| 2732 | + | (B) "This budget will raise less revenue from |
---|
| 2733 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2734 | + | dollar amount of decrease), which is a (insert percentage decrease) |
---|
| 2735 | + | percent decrease from last year's budget. The property tax revenue |
---|
| 2736 | + | to be raised from new property added to the tax roll this year is |
---|
| 2737 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2738 | + | value of new property added to the roll)."; or |
---|
| 2739 | + | (C) "This budget will raise the same amount of |
---|
| 2740 | + | revenue from property taxes as last year's budget. The property tax |
---|
| 2741 | + | revenue to be raised from new property added to the tax roll this |
---|
| 2742 | + | year is (insert amount computed by multiplying the proposed tax |
---|
| 2743 | + | rate by the value of new property added to the roll)."; |
---|
| 2744 | + | (2) the record vote of each member of the |
---|
| 2745 | + | commissioners court by name voting on the adoption of the budget; |
---|
| 2746 | + | (3) the county property tax rates for the preceding |
---|
| 2747 | + | fiscal year, and each county property tax rate that has been adopted |
---|
| 2748 | + | or calculated for the current fiscal year, including: |
---|
| 2749 | + | (A) the property tax rate; |
---|
| 2750 | + | (B) the equivalent [effective] tax rate; |
---|
| 2751 | + | (C) the equivalent [effective] maintenance and |
---|
| 2752 | + | operations tax rate; |
---|
| 2753 | + | (D) the rollback tax rate; and |
---|
| 2754 | + | (E) the debt rate; and |
---|
| 2755 | + | (4) the total amount of county debt obligations. |
---|
| 2756 | + | SECTION 74. Section 111.039(d), Local Government Code, is |
---|
| 2757 | + | amended to read as follows: |
---|
| 2758 | + | (d) An adopted budget must contain a cover page that |
---|
| 2759 | + | includes: |
---|
| 2760 | + | (1) one of the following statements in 18-point or |
---|
| 2761 | + | larger type that accurately describes the adopted budget: |
---|
| 2762 | + | (A) "This budget will raise more revenue from |
---|
| 2763 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2764 | + | dollar amount of increase), which is a (insert percentage increase) |
---|
| 2765 | + | percent increase from last year's budget. The property tax revenue |
---|
| 2766 | + | to be raised from new property added to the tax roll this year is |
---|
| 2767 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2768 | + | value of new property added to the roll)."; |
---|
| 2769 | + | (B) "This budget will raise less revenue from |
---|
| 2770 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2771 | + | dollar amount of decrease), which is a (insert percentage decrease) |
---|
| 2772 | + | percent decrease from last year's budget. The property tax revenue |
---|
| 2773 | + | to be raised from new property added to the tax roll this year is |
---|
| 2774 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2775 | + | value of new property added to the roll)."; or |
---|
| 2776 | + | (C) "This budget will raise the same amount of |
---|
| 2777 | + | revenue from property taxes as last year's budget. The property tax |
---|
| 2778 | + | revenue to be raised from new property added to the tax roll this |
---|
| 2779 | + | year is (insert amount computed by multiplying the proposed tax |
---|
| 2780 | + | rate by the value of new property added to the roll)."; |
---|
| 2781 | + | (2) the record vote of each member of the |
---|
| 2782 | + | commissioners court by name voting on the adoption of the budget; |
---|
| 2783 | + | (3) the county property tax rates for the preceding |
---|
| 2784 | + | fiscal year, and each county property tax rate that has been adopted |
---|
| 2785 | + | or calculated for the current fiscal year, including: |
---|
| 2786 | + | (A) the property tax rate; |
---|
| 2787 | + | (B) the equivalent [effective] tax rate; |
---|
| 2788 | + | (C) the equivalent [effective] maintenance and |
---|
| 2789 | + | operations tax rate; |
---|
| 2790 | + | (D) the rollback tax rate; and |
---|
| 2791 | + | (E) the debt rate; and |
---|
| 2792 | + | (4) the total amount of county debt obligations. |
---|
| 2793 | + | SECTION 75. Section 111.068(c), Local Government Code, is |
---|
| 2794 | + | amended to read as follows: |
---|
| 2795 | + | (c) An adopted budget must contain a cover page that |
---|
| 2796 | + | includes: |
---|
| 2797 | + | (1) one of the following statements in 18-point or |
---|
| 2798 | + | larger type that accurately describes the adopted budget: |
---|
| 2799 | + | (A) "This budget will raise more revenue from |
---|
| 2800 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2801 | + | dollar amount of increase), which is a (insert percentage increase) |
---|
| 2802 | + | percent increase from last year's budget. The property tax revenue |
---|
| 2803 | + | to be raised from new property added to the tax roll this year is |
---|
| 2804 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2805 | + | value of new property added to the roll)."; |
---|
| 2806 | + | (B) "This budget will raise less revenue from |
---|
| 2807 | + | property taxes than last year's budget by an amount of (insert total |
---|
| 2808 | + | dollar amount of decrease), which is a (insert percentage decrease) |
---|
| 2809 | + | percent decrease from last year's budget. The property tax revenue |
---|
| 2810 | + | to be raised from new property added to the tax roll this year is |
---|
| 2811 | + | (insert amount computed by multiplying the proposed tax rate by the |
---|
| 2812 | + | value of new property added to the roll)."; or |
---|
| 2813 | + | (C) "This budget will raise the same amount of |
---|
| 2814 | + | revenue from property taxes as last year's budget. The property tax |
---|
| 2815 | + | revenue to be raised from new property added to the tax roll this |
---|
| 2816 | + | year is (insert amount computed by multiplying the proposed tax |
---|
| 2817 | + | rate by the value of new property added to the roll)."; |
---|
| 2818 | + | (2) the record vote of each member of the |
---|
| 2819 | + | commissioners court by name voting on the adoption of the budget; |
---|
| 2820 | + | (3) the county property tax rates for the preceding |
---|
| 2821 | + | fiscal year, and each county property tax rate that has been adopted |
---|
| 2822 | + | or calculated for the current fiscal year, including: |
---|
| 2823 | + | (A) the property tax rate; |
---|
| 2824 | + | (B) the equivalent [effective] tax rate; |
---|
| 2825 | + | (C) the equivalent [effective] maintenance and |
---|
| 2826 | + | operations tax rate; |
---|
| 2827 | + | (D) the rollback tax rate; and |
---|
| 2828 | + | (E) the debt rate; and |
---|
| 2829 | + | (4) the total amount of county debt obligations. |
---|
| 2830 | + | SECTION 76. Section 1101.254(f), Special District Local |
---|
| 2831 | + | Laws Code, is amended to read as follows: |
---|
| 2832 | + | (f) This section does not affect the applicability of [any |
---|
| 2833 | + | rights district voters may have to petition for an election under] |
---|
| 2834 | + | Section 26.08 [26.07], Tax Code, to the district's tax rate, except |
---|
| 2835 | + | that if district voters approve a tax rate increase under this |
---|
| 2836 | + | section, [the voters may not petition for an election under] |
---|
| 2837 | + | Section 26.08 [26.07], Tax Code, does not apply [as] to the tax rate |
---|
| 2838 | + | for that year. |
---|
| 2839 | + | SECTION 77. Sections 1122.2522, 3828.157, and 8876.152, |
---|
| 2840 | + | Special District Local Laws Code, are amended to read as follows: |
---|
| 2841 | + | Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE. |
---|
| 2842 | + | [(a)] If in any year the board adopts a tax rate that exceeds the |
---|
| 2843 | + | rollback tax rate calculated as provided by Chapter 26, Tax Code, |
---|
| 2844 | + | [the qualified voters of the district by petition may require that] |
---|
| 2845 | + | an election under Section 26.08 of that code must be held to |
---|
| 2846 | + | determine whether or not to approve [reduce] the tax rate adopted by |
---|
| 2847 | + | the board for that year [to the rollback tax rate]. |
---|
| 2848 | + | [(b) To the extent a conflict exists between this section |
---|
| 2849 | + | and a provision of the Tax Code, the provision of the Tax Code |
---|
| 2850 | + | prevails.] |
---|
734 | | - | 2003; and |
---|
735 | | - | (2) Section 49.2361, Water Code. |
---|
736 | | - | SECTION 21. This Act takes effect January 1, 2018. |
---|
| 2980 | + | 2003; |
---|
| 2981 | + | (6) Section 49.2361, Water Code; |
---|
| 2982 | + | (7) Section 1, H.B. 2228, Acts of the 85th |
---|
| 2983 | + | Legislature, Regular Session, 2017, which amended Section |
---|
| 2984 | + | 11.4391(a), Tax Code; |
---|
| 2985 | + | (8) Section 3, H.B. 2228, Acts of the 85th |
---|
| 2986 | + | Legislature, Regular Session, 2017, which added Sections 22.23(c) |
---|
| 2987 | + | and (d), Tax Code; and |
---|
| 2988 | + | (9) Section 5, H.B. 2228, Acts of the 85th |
---|
| 2989 | + | Legislature, Regular Session, 2017, which amended Sections |
---|
| 2990 | + | 41.44(a) and (c), Tax Code. |
---|
| 2991 | + | SECTION 83. Section 5.041, Tax Code, as amended by this Act, |
---|
| 2992 | + | applies only to an appraisal review board member appointed to serve |
---|
| 2993 | + | a term of office that begins on or after January 1, 2018. |
---|
| 2994 | + | SECTION 84. The comptroller shall implement Section 5.043, |
---|
| 2995 | + | Tax Code, as added by this Act, as soon as practicable after January |
---|
| 2996 | + | 1, 2018. |
---|
| 2997 | + | SECTION 85. Sections 5.05, 5.102, 5.13, and 23.01, Tax |
---|
| 2998 | + | Code, as amended by this Act, apply only to the appraisal of |
---|
| 2999 | + | property for ad valorem tax purposes for a tax year beginning on or |
---|
| 3000 | + | after January 1, 2018. |
---|
| 3001 | + | SECTION 86. (a) The comptroller shall comply with Sections |
---|
| 3002 | + | 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon |
---|
| 3003 | + | as practicable after January 1, 2018. |
---|
| 3004 | + | (b) The comptroller shall comply with Section 5.091, Tax |
---|
| 3005 | + | Code, as amended by this Act, not later than January 1, 2019. |
---|
| 3006 | + | SECTION 87. The comptroller shall prepare and make |
---|
| 3007 | + | available the survey form and instructions for completing and |
---|
| 3008 | + | submitting the form required by Section 5.104, Tax Code, as added by |
---|
| 3009 | + | this Act, as soon as practicable after January 1, 2018. An |
---|
| 3010 | + | appraisal district is not required to provide the survey form or |
---|
| 3011 | + | instructions under a requirement of that section until the form and |
---|
| 3012 | + | instructions are prepared and made available by the comptroller. |
---|
| 3013 | + | SECTION 88. Section 6.41(d-9), Tax Code, as amended by this |
---|
| 3014 | + | Act, applies only to the appointment of appraisal review board |
---|
| 3015 | + | members to terms beginning on or after January 1, 2019. |
---|
| 3016 | + | SECTION 89. Section 6.412, Tax Code, as amended by this Act, |
---|
| 3017 | + | does not affect the eligibility of a person serving on an appraisal |
---|
| 3018 | + | review board immediately before January 1, 2018, to continue to |
---|
| 3019 | + | serve on the board for the term to which the member was appointed. |
---|
| 3020 | + | SECTION 90. Section 6.42(d), Tax Code, as added by this Act, |
---|
| 3021 | + | applies only to a recommendation, determination, decision, or other |
---|
| 3022 | + | action by an appraisal review board or a panel of such a board on or |
---|
| 3023 | + | after January 1, 2018. A recommendation, determination, decision, |
---|
| 3024 | + | or other action by an appraisal review board or a panel of such a |
---|
| 3025 | + | board before January 1, 2018, is governed by the law as it existed |
---|
| 3026 | + | immediately before that date, and that law is continued in effect |
---|
| 3027 | + | for that purpose. |
---|
| 3028 | + | SECTION 91. Sections 11.4391(a) and 22.23, Tax Code, as |
---|
| 3029 | + | amended by this Act, apply only to ad valorem taxes imposed for a |
---|
| 3030 | + | tax year beginning on or after January 1, 2018. |
---|
| 3031 | + | SECTION 92. (a) An appraisal district established in a |
---|
| 3032 | + | county with a population of 120,000 or more and each taxing unit |
---|
| 3033 | + | located wholly or partly in such an appraisal district shall comply |
---|
| 3034 | + | with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, |
---|
| 3035 | + | Tax Code, as added by this Act, beginning with the 2019 tax year. |
---|
| 3036 | + | (b) An appraisal district established in a county with a |
---|
| 3037 | + | population of less than 120,000 and each taxing unit located wholly |
---|
| 3038 | + | in such an appraisal district shall comply with Sections |
---|
| 3039 | + | 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as |
---|
| 3040 | + | added by this Act, beginning with the 2020 tax year. |
---|
| 3041 | + | SECTION 93. Not later than the 30th day after the effective |
---|
| 3042 | + | date of this section: |
---|
| 3043 | + | (1) the designated officer or employee of each taxing |
---|
| 3044 | + | unit shall submit to the county assessor-collector for each county |
---|
| 3045 | + | in which all or part of the territory of the taxing unit is located |
---|
| 3046 | + | the worksheets used by the designated officer or employee to |
---|
| 3047 | + | calculate the effective and rollback tax rates of the unit for the |
---|
| 3048 | + | 2013-2017 tax years; and |
---|
| 3049 | + | (2) the county assessor-collector for each county |
---|
| 3050 | + | shall post the worksheets submitted to the county |
---|
| 3051 | + | assessor-collector under Subdivision (1) of this section on the |
---|
| 3052 | + | Internet website of the county. |
---|
| 3053 | + | SECTION 94. A taxing unit that does not own, operate, or |
---|
| 3054 | + | control an Internet website is not required to comply with Sections |
---|
| 3055 | + | 26.05(b)(2) and 26.065(b), Tax Code, as amended by this Act, until |
---|
| 3056 | + | the first tax year in which the unit is required by law to maintain |
---|
| 3057 | + | or have access to an Internet website. |
---|
| 3058 | + | SECTION 95. Section 33.08(b), Tax Code, as amended by this |
---|
| 3059 | + | Act, applies only to taxes that become delinquent on or after |
---|
| 3060 | + | January 1, 2018. Taxes that become delinquent before that date are |
---|
| 3061 | + | governed by the law as it existed immediately before that date, and |
---|
| 3062 | + | that law is continued in effect for that purpose. |
---|
| 3063 | + | SECTION 96. Section 41.03(a), Tax Code, as amended by this |
---|
| 3064 | + | Act, applies only to a challenge under Chapter 41, Tax Code, for |
---|
| 3065 | + | which a challenge petition is filed on or after January 1, 2018. A |
---|
| 3066 | + | challenge under Chapter 41, Tax Code, for which a challenge |
---|
| 3067 | + | petition was filed before January 1, 2018, is governed by the law in |
---|
| 3068 | + | effect on the date the challenge petition was filed, and the former |
---|
| 3069 | + | law is continued in effect for that purpose. |
---|
| 3070 | + | SECTION 97. Sections 41.45 and 41.66(k), Tax Code, as |
---|
| 3071 | + | amended by this Act, and Section 41.66(k-1), Tax Code, as added by |
---|
| 3072 | + | this Act, apply only to a protest filed under Chapter 41, Tax Code, |
---|
| 3073 | + | on or after January 1, 2019. A protest filed under that chapter |
---|
| 3074 | + | before January 1, 2019, is governed by the law in effect on the date |
---|
| 3075 | + | the protest was filed, and the former law is continued in effect for |
---|
| 3076 | + | that purpose. |
---|
| 3077 | + | SECTION 98. Sections 41.46, 41.461, 41.47, 41.66(h), (i), |
---|
| 3078 | + | and (j), and 41.67, Tax Code, as amended by this Act, and Sections |
---|
| 3079 | + | 41.66(j-1) and (p), Tax Code, as added by this Act, apply only to a |
---|
| 3080 | + | protest for which the notice of protest was filed by a property |
---|
| 3081 | + | owner or the designated agent of the owner with the appraisal review |
---|
| 3082 | + | board established for an appraisal district on or after January 1, |
---|
| 3083 | + | 2018. |
---|
| 3084 | + | SECTION 99. Section 41.71, Tax Code, as amended by this Act, |
---|
| 3085 | + | applies only to a hearing on a protest under Chapter 41, Tax Code, |
---|
| 3086 | + | that is scheduled on or after January 1, 2018. A hearing on a |
---|
| 3087 | + | protest under Chapter 41, Tax Code, that is scheduled before |
---|
| 3088 | + | January 1, 2018, is governed by the law in effect on the date the |
---|
| 3089 | + | hearing was scheduled, and that law is continued in effect for that |
---|
| 3090 | + | purpose. |
---|
| 3091 | + | SECTION 100. Section 41A.07, Tax Code, as amended by this |
---|
| 3092 | + | Act, applies only to a request for binding arbitration received by |
---|
| 3093 | + | the comptroller from an appraisal district on or after January 1, |
---|
| 3094 | + | 2018. |
---|
| 3095 | + | SECTION 101. Section 41A.09(b), Tax Code, as amended by |
---|
| 3096 | + | this Act, applies only to a request for binding arbitration under |
---|
| 3097 | + | Chapter 41A, Tax Code, that is filed on or after January 1, 2018. A |
---|
| 3098 | + | request for binding arbitration under Chapter 41A, Tax Code, that |
---|
| 3099 | + | is filed before January 1, 2018, is governed by the law in effect on |
---|
| 3100 | + | the date the request is filed, and the former law is continued in |
---|
| 3101 | + | effect for that purpose. |
---|
| 3102 | + | SECTION 102. The changes in law made by this Act in the |
---|
| 3103 | + | qualifications of persons serving as arbitrators in binding |
---|
| 3104 | + | arbitrations of appeals of appraisal review board orders do not |
---|
| 3105 | + | affect the entitlement of a person serving as an arbitrator |
---|
| 3106 | + | immediately before January 1, 2018, to continue to serve as an |
---|
| 3107 | + | arbitrator and to conduct hearings on arbitrations until the person |
---|
| 3108 | + | is required to renew the person's agreement with the comptroller to |
---|
| 3109 | + | serve as an arbitrator. The changes in law apply only to a person |
---|
| 3110 | + | who initially qualifies to serve as an arbitrator or who renews the |
---|
| 3111 | + | person's agreement with the comptroller to serve as an arbitrator |
---|
| 3112 | + | on or after January 1, 2018. This Act does not prohibit a person who |
---|
| 3113 | + | is serving as an arbitrator on January 1, 2018, from renewing the |
---|
| 3114 | + | person's agreement with the comptroller to serve as an arbitrator |
---|
| 3115 | + | if the person has the qualifications required for an arbitrator |
---|
| 3116 | + | under the Tax Code as amended by this Act. |
---|
| 3117 | + | SECTION 103. (a) Not later than the 30th day after the date |
---|
| 3118 | + | this section takes effect, the comptroller shall mail a written |
---|
| 3119 | + | notice to each appraisal district and the assessor for each taxing |
---|
| 3120 | + | unit in this state of: |
---|
| 3121 | + | (1) the deadline for complying with each new |
---|
| 3122 | + | requirement, duty, or function imposed by this Act on an appraisal |
---|
| 3123 | + | district or taxing unit; and |
---|
| 3124 | + | (2) any change made by this Act to the deadline for |
---|
| 3125 | + | complying with an existing requirement, duty, or function of an |
---|
| 3126 | + | appraisal district or taxing unit. |
---|
| 3127 | + | (b) This section takes effect immediately if this Act |
---|
| 3128 | + | receives a vote of two-thirds of all the members elected to each |
---|
| 3129 | + | house, as provided by Section 39, Article III, Texas Constitution. |
---|
| 3130 | + | If this Act does not receive the vote necessary for immediate |
---|
| 3131 | + | effect, this section takes effect on the 91st day after the last day |
---|
| 3132 | + | of the legislative session. |
---|
| 3133 | + | SECTION 104. (a) Except as otherwise provided by this Act, |
---|
| 3134 | + | this Act takes effect January 1, 2018. |
---|
| 3135 | + | (b) Section 93 of this Act takes effect immediately if this |
---|
| 3136 | + | Act receives a vote of two-thirds of all the members elected to each |
---|
| 3137 | + | house, as provided by Section 39, Article III, Texas Constitution. |
---|
| 3138 | + | If this Act does not receive the vote necessary for immediate |
---|
| 3139 | + | effect, Section 93 of this Act takes effect on the 91st day after |
---|
| 3140 | + | the last day of the legislative session. |
---|
| 3141 | + | (c) The following provisions take effect September 1, 2018: |
---|
| 3142 | + | (1) Sections 6.41(b) and (d-9), Tax Code, as amended |
---|
| 3143 | + | by this Act; |
---|
| 3144 | + | (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, |
---|
| 3145 | + | as added by this Act; |
---|
| 3146 | + | (3) Section 6.414(d), Tax Code, as amended by this |
---|
| 3147 | + | Act; |
---|
| 3148 | + | (4) Section 6.425, Tax Code, as added by this Act; |
---|
| 3149 | + | (5) Section 41.44(d), Tax Code, as amended by this |
---|
| 3150 | + | Act; |
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| 3151 | + | (6) Section 41.45(d), Tax Code, as amended by this |
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| 3152 | + | Act; |
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| 3153 | + | (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, |
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| 3154 | + | as added by this Act; |
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| 3155 | + | (8) Section 41.66(k), Tax Code, as amended by this |
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| 3156 | + | Act; and |
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| 3157 | + | (9) Section 41.66(k-1), Tax Code, as added by this |
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| 3158 | + | Act. |
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| 3159 | + | (d) The following provisions take effect January 1, 2019: |
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| 3160 | + | (1) Sections 26.04(d-1), (d-2), (d-3), (e-2), (e-3), |
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| 3161 | + | (e-4), and (e-5), Tax Code, as added by this Act; |
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| 3162 | + | (2) Sections 26.04(e-1) and (g), Tax Code, as amended |
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| 3163 | + | by this Act; |
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| 3164 | + | (3) Sections 26.05(d-1) and (d-2), Tax Code, as added |
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| 3165 | + | by this Act; and |
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| 3166 | + | (4) Section 26.05(e), Tax Code, as amended by this |
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| 3167 | + | Act. |
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