1 | 1 | | 85S11047 SMH-F |
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2 | 2 | | By: Bettencourt S.B. No. 93 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to ad valorem taxation. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 5.07, Tax Code, is amended by adding |
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10 | 10 | | Subsection (f) to read as follows: |
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11 | 11 | | (f) The comptroller shall prescribe the form of the |
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12 | 12 | | worksheets to be used by the designated officer or employee of each |
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13 | 13 | | taxing unit in calculating the no-new-taxes tax rate and rollback |
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14 | 14 | | tax rate for the unit as required by Chapter 26. The form must be in |
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15 | 15 | | an electronic format and be capable of: |
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16 | 16 | | (1) being completed electronically; |
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17 | 17 | | (2) performing calculations automatically based on |
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18 | 18 | | the data entered by the designated officer or employee; |
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19 | 19 | | (3) being certified by the designated officer or |
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20 | 20 | | employee after completion; and |
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21 | 21 | | (4) being submitted electronically to the comptroller |
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22 | 22 | | on completion and certification. |
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23 | 23 | | SECTION 2. Section 5.091, Tax Code, is amended to read as |
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24 | 24 | | follows: |
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25 | 25 | | Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the |
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26 | 26 | | comptroller shall prepare a list that includes the total tax rate |
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27 | 27 | | imposed by each taxing unit in this state[, other than a school |
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28 | 28 | | district, if the tax rate is reported to the comptroller,] for the |
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29 | 29 | | year [preceding the year] in which the list is prepared. The |
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30 | 30 | | comptroller shall list the tax rates alphabetically according to: |
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31 | 31 | | (1) the county or counties in which each taxing unit is |
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32 | 32 | | located; and |
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33 | 33 | | (2) the name of each taxing unit [in descending |
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34 | 34 | | order]. |
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35 | 35 | | (b) Not later than January 1 [December 31] of the following |
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36 | 36 | | [each] year, the comptroller shall publish on the comptroller's |
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37 | 37 | | Internet website the list required by Subsection (a). |
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38 | 38 | | SECTION 3. Chapter 5, Tax Code, is amended by adding Section |
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39 | 39 | | 5.092 to read as follows: |
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40 | 40 | | Sec. 5.092. STATEWIDE DATABASE OF OTHER PROPERTY TAX |
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41 | 41 | | RELATED INFORMATION. (a) The comptroller shall create and |
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42 | 42 | | maintain a property tax database that: |
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43 | 43 | | (1) contains information that is provided by |
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44 | 44 | | designated officers or employees of taxing units in the manner |
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45 | 45 | | required by the comptroller; |
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46 | 46 | | (2) is continuously updated as preliminary and revised |
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47 | 47 | | data become available to and are provided by the designated |
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48 | 48 | | officers or employees of taxing units; |
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49 | 49 | | (3) is accessible to the public; and |
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50 | 50 | | (4) is searchable by property address. |
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51 | 51 | | (b) The database must include, with respect to each property |
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52 | 52 | | listed on an appraisal roll: |
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53 | 53 | | (1) the property's identification number; |
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54 | 54 | | (2) the property's market value; |
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55 | 55 | | (3) the property's taxable value; |
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56 | 56 | | (4) the name of each taxing unit in which the property |
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57 | 57 | | is located; |
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58 | 58 | | (5) for each taxing unit other than a school district |
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59 | 59 | | in which the property is located: |
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60 | 60 | | (A) the no-new-taxes tax rate; and |
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61 | 61 | | (B) the rollback tax rate; |
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62 | 62 | | (6) for each school district in which the property is |
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63 | 63 | | located: |
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64 | 64 | | (A) the rate to maintain the same amount of state |
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65 | 65 | | and local revenue per weighted student that the district received |
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66 | 66 | | in the school year beginning in the preceding tax year; and |
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67 | 67 | | (B) the rollback tax rate; |
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68 | 68 | | (7) the tax rate proposed by the governing body of each |
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69 | 69 | | taxing unit in which the property is located; |
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70 | 70 | | (8) for each taxing unit other than a school district |
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71 | 71 | | in which the property is located, the taxes that would be imposed on |
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72 | 72 | | the property if the unit adopted a tax rate equal to: |
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73 | 73 | | (A) the no-new-taxes tax rate; and |
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74 | 74 | | (B) the proposed tax rate; |
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75 | 75 | | (9) for each school district in which the property is |
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76 | 76 | | located, the taxes that would be imposed on the property if the unit |
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77 | 77 | | adopted a tax rate equal to: |
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78 | 78 | | (A) the rate to maintain the same amount of state |
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79 | 79 | | and local revenue per weighted student that the district received |
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80 | 80 | | in the school year beginning in the preceding tax year; and |
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81 | 81 | | (B) the proposed tax rate; |
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82 | 82 | | (10) for each taxing unit other than a school district |
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83 | 83 | | in which the property is located, the difference between the amount |
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84 | 84 | | calculated under Subdivision (8)(A) and the amount calculated under |
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85 | 85 | | Subdivision (8)(B); |
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86 | 86 | | (11) for each school district in which the property is |
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87 | 87 | | located, the difference between the amount calculated under |
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88 | 88 | | Subdivision (9)(A) and the amount calculated under Subdivision |
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89 | 89 | | (9)(B); |
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90 | 90 | | (12) the date and location of each public hearing, if |
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91 | 91 | | applicable, on the proposed tax rate to be held by the governing |
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92 | 92 | | body of each taxing unit in which the property is located; and |
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93 | 93 | | (13) the date and location of the public meeting in |
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94 | 94 | | which the tax rate will be adopted to be held by the governing body |
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95 | 95 | | of each taxing unit in which the property is located. |
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96 | 96 | | (c) The officer or employee designated by the governing body |
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97 | 97 | | of each taxing unit to calculate the no-new-taxes tax rate and the |
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98 | 98 | | rollback tax rate for the unit must electronically submit to the |
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99 | 99 | | comptroller: |
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100 | 100 | | (1) the information described by Subsection (b) as the |
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101 | 101 | | information becomes available; and |
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102 | 102 | | (2) the worksheets prepared under Section 26.04(d-1) |
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103 | 103 | | at the same time the officer or employee submits the tax rates to |
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104 | 104 | | the governing body of the unit under Section 26.04(e). |
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105 | 105 | | (d) The comptroller shall deliver by e-mail to the |
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106 | 106 | | designated officer or employee confirmation of receipt of the |
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107 | 107 | | worksheets submitted under Subsection (c)(2). The comptroller |
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108 | 108 | | shall incorporate the worksheets into the database and make them |
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109 | 109 | | available to the public not later than the third day after the date |
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110 | 110 | | the comptroller receives them. |
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111 | 111 | | SECTION 4. Sections 25.19(b) and (i), Tax Code, are amended |
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112 | 112 | | to read as follows: |
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113 | 113 | | (b) The chief appraiser shall separate real from personal |
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114 | 114 | | property and include in the notice for each: |
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115 | 115 | | (1) a list of the taxing units in which the property is |
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116 | 116 | | taxable; |
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117 | 117 | | (2) the appraised value of the property in the |
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118 | 118 | | preceding year; |
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119 | 119 | | (3) the taxable value of the property in the preceding |
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120 | 120 | | year for each taxing unit taxing the property; |
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121 | 121 | | (4) the appraised value of the property for the |
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122 | 122 | | current year, the kind and amount of each exemption and partial |
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123 | 123 | | exemption, if any, approved for the property for the current year |
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124 | 124 | | and for the preceding year, and, if an exemption or partial |
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125 | 125 | | exemption that was approved for the preceding year was canceled or |
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126 | 126 | | reduced for the current year, the amount of the exemption or partial |
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127 | 127 | | exemption canceled or reduced; |
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128 | 128 | | (5) [if the appraised value is greater than it was in |
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129 | 129 | | the preceding year, the amount of tax that would be imposed on the |
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130 | 130 | | property on the basis of the tax rate for the preceding year; |
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131 | 131 | | [(6)] in italic typeface, the following statement: |
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132 | 132 | | "The Texas Legislature does not set the amount of your local taxes. |
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133 | 133 | | Your property tax burden is decided by your locally elected |
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134 | 134 | | officials, and all inquiries concerning your taxes should be |
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135 | 135 | | directed to those officials"; |
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136 | 136 | | (6) [(7)] a detailed explanation of the time and |
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137 | 137 | | procedure for protesting the value; |
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138 | 138 | | (7) [(8)] the date and place the appraisal review |
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139 | 139 | | board will begin hearing protests; and |
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140 | 140 | | (8) [(9)] a brief explanation that the governing body |
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141 | 141 | | of each taxing unit decides whether or not taxes on the property |
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142 | 142 | | will increase and the appraisal district only determines the value |
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143 | 143 | | of the property. |
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144 | 144 | | (i) Delivery with a notice required by Subsection (a) or (g) |
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145 | 145 | | of a copy of the pamphlet published by the comptroller under Section |
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146 | 146 | | 5.06 or a copy of the notice published by the chief appraiser under |
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147 | 147 | | Section 41.70 is sufficient to comply with the requirement that the |
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148 | 148 | | notice include the information specified by Subsection (b)(6) |
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149 | 149 | | [(b)(7)] or (g)(3), as applicable. |
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150 | 150 | | SECTION 5. Sections 26.01(c) and (d), Tax Code, are amended |
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151 | 151 | | to read as follows: |
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152 | 152 | | (c) The chief appraiser shall prepare and certify to the |
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153 | 153 | | assessor for each taxing unit a listing of those properties which |
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154 | 154 | | are taxable by that unit but which are under protest and therefore |
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155 | 155 | | not included on the appraisal roll approved by the appraisal review |
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156 | 156 | | board and certified by the chief appraiser. This listing shall |
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157 | 157 | | include the appraised market value, productivity value (if |
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158 | 158 | | applicable), and taxable value as determined by the appraisal |
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159 | 159 | | district and shall also include the market value, taxable value, |
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160 | 160 | | and productivity value (if applicable) as claimed by the property |
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161 | 161 | | owner filing the protest if available. If the property owner does |
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162 | 162 | | not claim a value and the appraised value of the property in the |
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163 | 163 | | current year is equal to or less than its value in the preceding |
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164 | 164 | | year, the listing shall include a reasonable estimate of the market |
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165 | 165 | | value, taxable value, and productivity value (if applicable) that |
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166 | 166 | | would be assigned to the property if the taxpayer's claim is upheld. |
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167 | 167 | | If the property owner does not claim a value and the appraised value |
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168 | 168 | | of the property is higher than its appraised value in the preceding |
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169 | 169 | | year, the listing shall include the appraised market value, |
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170 | 170 | | productivity value (if applicable) and taxable value of the |
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171 | 171 | | property in the preceding year, except that if there is a reasonable |
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172 | 172 | | likelihood that the appraisal review board will approve a lower |
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173 | 173 | | appraised value for the property than its appraised value in the |
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174 | 174 | | preceding year, the chief appraiser shall make a reasonable |
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175 | 175 | | estimate of the taxable value that would be assigned to the property |
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176 | 176 | | if the property owner's claim is upheld. A school district [The |
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177 | 177 | | taxing unit] shall use the lower value for calculations as |
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178 | 178 | | prescribed in Section [Sections] 26.04 [and 26.041 of this code]. |
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179 | 179 | | (d) The chief appraiser shall prepare and certify to the |
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180 | 180 | | assessor for each taxing unit a list of those properties of which |
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181 | 181 | | the chief appraiser has knowledge that are reasonably likely to be |
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182 | 182 | | taxable by that unit but that are not included on the appraisal roll |
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183 | 183 | | certified to the assessor under Subsection (a) or included on the |
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184 | 184 | | listing certified to the assessor under Subsection (c). The chief |
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185 | 185 | | appraiser shall include on the list for each property the market |
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186 | 186 | | value, appraised value, and kind and amount of any partial |
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187 | 187 | | exemptions as determined by the appraisal district for the |
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188 | 188 | | preceding year and a reasonable estimate of the market value, |
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189 | 189 | | appraised value, and kind and amount of any partial exemptions for |
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190 | 190 | | the current year. Until the property is added to the appraisal |
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191 | 191 | | roll, the assessor for the taxing unit shall include each property |
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192 | 192 | | on the list in the calculations prescribed by Section [Sections] |
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193 | 193 | | 26.04 [and 26.041], and, in the case of the assessor for a school |
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194 | 194 | | district, shall for that purpose [shall] use the lower market |
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195 | 195 | | value, appraised value, or taxable value, as appropriate, included |
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196 | 196 | | on or computed using the information included on the list for the |
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197 | 197 | | property. |
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198 | 198 | | SECTION 6. Section 26.012(7), Tax Code, is amended to read |
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199 | 199 | | as follows: |
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200 | 200 | | (7) "Debt" means a bond, warrant, certificate of |
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201 | 201 | | obligation, or other evidence of indebtedness owed by a taxing unit |
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202 | 202 | | that has been approved at an election and is payable solely from |
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203 | 203 | | property taxes in installments over a period of more than one year, |
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204 | 204 | | not budgeted for payment from maintenance and operations funds, and |
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205 | 205 | | secured by a pledge of property taxes, or a payment made under |
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206 | 206 | | contract to secure indebtedness of a similar nature issued by |
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207 | 207 | | another political subdivision on behalf of the taxing unit. |
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208 | 208 | | SECTION 7. Section 26.012(9), Tax Code, is redesignated as |
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209 | 209 | | Section 26.012(18), Tax Code, and amended to read as follows: |
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210 | 210 | | (18) "No-new-taxes [(9) "Effective] maintenance and |
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211 | 211 | | operations rate" means a rate expressed in dollars per $100 of |
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212 | 212 | | taxable value and calculated according to the following formula: |
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213 | 213 | | NO-NEW-TAXES [EFFECTIVE] MAINTENANCE AND OPERATIONS |
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214 | 214 | | RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST |
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215 | 215 | | YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - |
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216 | 216 | | NEW PROPERTY VALUE) |
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217 | 217 | | SECTION 8. Chapter 26, Tax Code, is amended by adding |
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218 | 218 | | Section 26.035 to read as follows: |
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219 | 219 | | Sec. 26.035. CALCULATION OF NO-NEW-TAXES AND ROLLBACK TAX |
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220 | 220 | | RATES OF TAXING UNIT OTHER THAN SCHOOL DISTRICT. (a) This section |
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221 | 221 | | does not apply to a school district. |
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222 | 222 | | (b) Notwithstanding Section 26.012, in this section: |
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223 | 223 | | (1) "Actual collection rate" means the amount computed |
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224 | 224 | | by dividing the total amount of taxes, including delinquent taxes |
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225 | 225 | | and any penalties and interest on those taxes, collected between |
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226 | 226 | | July 1 of a tax year and June 30 of the following tax year by the |
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227 | 227 | | total amount of taxes levied in the tax year, expressed as a |
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228 | 228 | | percentage. If the actual collection rate exceeds 100 percent, the |
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229 | 229 | | rate may not be reduced to 100 percent. |
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230 | 230 | | (2) "Adjustment for additional sales tax" means the |
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231 | 231 | | rate expressed in dollars per $100 of taxable value computed by |
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232 | 232 | | dividing the amount of additional sales and use tax revenue for the |
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233 | 233 | | current tax year as determined under Section 26.041 by the current |
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234 | 234 | | year total taxable value for rollback calculation. |
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235 | 235 | | (3) "Adjustment for indigent health care" means the |
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236 | 236 | | rate determined under Section 26.0441. |
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237 | 237 | | (4) "Adjustment for state criminal justice mandate" |
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238 | 238 | | means the rate determined under Section 26.044. |
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239 | 239 | | (5) "Average collection rate" means the average of the |
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240 | 240 | | actual collection rates for a taxing unit for the preceding three |
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241 | 241 | | tax years. |
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242 | 242 | | (6) "Current year debt rate" means a rate expressed in |
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243 | 243 | | dollars per $100 of taxable value computed by: |
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244 | 244 | | (A) adding debt service and excess collections; |
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245 | 245 | | (B) multiplying the amount computed under |
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246 | 246 | | Paragraph (A) by the average collection rate; and |
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247 | 247 | | (C) dividing the amount computed under Paragraph |
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248 | 248 | | (B) by the current year total taxable value for rollback |
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249 | 249 | | calculation. |
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250 | 250 | | (7) "Current year taxable value of homesteads subject |
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251 | 251 | | to tax limitation" in the case of a county, municipality, or junior |
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252 | 252 | | college district means the taxable value of residence homesteads |
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253 | 253 | | that qualify for a limitation on taxes imposed by the county, |
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254 | 254 | | municipality, or junior college district as provided by Section |
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255 | 255 | | 11.261 for the current tax year. |
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256 | 256 | | (8) "Current year taxable value of new improvements" |
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257 | 257 | | means the amount computed by adding: |
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258 | 258 | | (A) the taxable value of new improvements to real |
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259 | 259 | | property that were not on the appraisal roll for the preceding tax |
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260 | 260 | | year; and |
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261 | 261 | | (B) the difference between the taxable value of |
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262 | 262 | | real property that is fully taxable in the current tax year but was |
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263 | 263 | | not taxable wholly or partly in the preceding tax year because the |
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264 | 264 | | real property was subject to a tax abatement agreement and the |
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265 | 265 | | taxable value of the real property in the preceding tax year. |
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266 | 266 | | (9) "Current year taxable value of property annexed" |
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267 | 267 | | means the taxable value of real property and personal property |
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268 | 268 | | located in territory annexed to a taxing unit after January 1 of the |
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269 | 269 | | preceding tax year. |
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270 | 270 | | (10) "Current year total taxable value" means the |
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271 | 271 | | amount computed by adding the following applicable amounts: |
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272 | 272 | | (A) the total taxable value of property listed on |
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273 | 273 | | the certified appraisal roll for the current tax year, including |
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274 | 274 | | all appraisal roll supplements and corrections, as of the date of |
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275 | 275 | | the calculation; |
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276 | 276 | | (B) the taxable value of properties under protest |
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277 | 277 | | that are included on the list prepared by the chief appraiser under |
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278 | 278 | | Section 26.01(c); |
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279 | 279 | | (C) the taxable value of properties known to the |
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280 | 280 | | chief appraiser that are included on the list prepared by the chief |
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281 | 281 | | appraiser under Section 26.01(d); and |
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282 | 282 | | (D) in the case of a county, the county's |
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283 | 283 | | apportioned amount of the market value of rolling stock certified |
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284 | 284 | | to the county assessor-collector by the comptroller under Section |
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285 | 285 | | 24.38. |
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286 | 286 | | (11) "Current year total taxable value for rollback |
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287 | 287 | | calculation" means the difference between the current year total |
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288 | 288 | | taxable value and the current year taxable value of homesteads |
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289 | 289 | | subject to tax limitation. |
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290 | 290 | | (12) "No-new-taxes maintenance and operations rate" |
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291 | 291 | | means a rate expressed in dollars per $100 of taxable value computed |
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292 | 292 | | by: |
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293 | 293 | | (A) dividing the maintenance and operations tax |
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294 | 294 | | rate for the preceding tax year by the adopted tax rate for the |
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295 | 295 | | preceding tax year; and |
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296 | 296 | | (B) multiplying the amount computed under |
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297 | 297 | | Paragraph (A) by the no-new-taxes tax rate for the current tax year. |
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298 | 298 | | (13) "Preceding year taxable value in excess of new |
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299 | 299 | | special appraisal" means, for real property that has qualified for |
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300 | 300 | | special appraisal under Chapter 23 for the first time in the current |
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301 | 301 | | tax year, the difference between the taxable value of the property |
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302 | 302 | | in the preceding tax year and the taxable value of the property in |
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303 | 303 | | the current tax year. |
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304 | 304 | | (14) "Preceding year taxable value of homesteads |
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305 | 305 | | subject to tax limitation" means, for a county, municipality, or |
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306 | 306 | | junior college district, the taxable value of residence homesteads |
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307 | 307 | | that qualified for a limitation on taxes imposed by the county, |
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308 | 308 | | municipality, or junior college district as provided by Section |
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309 | 309 | | 11.261 for the preceding tax year. |
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310 | 310 | | (15) "Preceding year taxable value of newly exempt |
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311 | 311 | | real property" means the amount computed by adding: |
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312 | 312 | | (A) in the case of real property that is wholly |
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313 | 313 | | exempt from taxation for the first time in the current tax year, the |
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314 | 314 | | taxable value of the real property in the preceding tax year; and |
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315 | 315 | | (B) in the case of real property that is |
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316 | 316 | | partially exempt from taxation in the current tax year, the |
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317 | 317 | | difference between the amount of the value of the property that is |
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318 | 318 | | exempt from taxation in the current tax year and the amount of the |
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319 | 319 | | value of the property that was exempt from taxation in the preceding |
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320 | 320 | | tax year. |
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321 | 321 | | (16) "Preceding year taxable value of property |
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322 | 322 | | disannexed" means the taxable value of property that was taxable in |
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323 | 323 | | the preceding tax year but is not taxable in the current tax year |
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324 | 324 | | because the property is located in territory that ceased to be a |
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325 | 325 | | part of the taxing unit after January 1 of the preceding tax year. |
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326 | 326 | | (17) "Preceding year total taxable value" means the |
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327 | 327 | | total taxable value of property listed on the certified appraisal |
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328 | 328 | | roll for the preceding tax year, including all appraisal roll |
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329 | 329 | | supplements and corrections, as of the date of the calculation. |
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330 | 330 | | Appraisal roll corrections include any adjustments to taxable value |
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331 | 331 | | resulting from final court decisions regardless of whether the |
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332 | 332 | | appraisal roll has been corrected under Section 42.41 as of the date |
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333 | 333 | | of the calculation. |
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334 | 334 | | (18) "Tax levy, adjusted for lost value," means the |
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335 | 335 | | amount computed by: |
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336 | 336 | | (A) subtracting from the preceding year total |
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337 | 337 | | taxable value the sum of the following amounts: |
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338 | 338 | | (i) the preceding year taxable value of |
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339 | 339 | | homesteads subject to tax limitation; |
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340 | 340 | | (ii) the preceding year taxable value of |
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341 | 341 | | property disannexed; |
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342 | 342 | | (iii) the preceding year taxable value of |
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343 | 343 | | newly exempt real property; and |
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344 | 344 | | (iv) the preceding year taxable value in |
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345 | 345 | | excess of new special appraisal; |
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346 | 346 | | (B) dividing the amount computed under Paragraph |
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347 | 347 | | (A) by 100; and |
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348 | 348 | | (C) multiplying the amount computed under |
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349 | 349 | | Paragraph (B) by the tax rate for the preceding tax year. |
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350 | 350 | | (19) "Taxable value, adjusted for new value," means |
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351 | 351 | | the amount computed by subtracting from the current year total |
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352 | 352 | | taxable value the sum of the following amounts: |
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353 | 353 | | (A) the current year taxable value of homesteads |
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354 | 354 | | subject to tax limitation; |
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355 | 355 | | (B) the current year taxable value of property |
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356 | 356 | | annexed; and |
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357 | 357 | | (C) the current year taxable value of new |
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358 | 358 | | improvements. |
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359 | 359 | | (c) For purposes of Subsection (b)(10)(A), appraisal roll |
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360 | 360 | | corrections include any adjustments to taxable value resulting from |
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361 | 361 | | final court decisions, regardless of whether the appraisal roll has |
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362 | 362 | | been corrected under Section 42.41 as of the date of the |
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363 | 363 | | calculation. |
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364 | 364 | | (d) For purposes of Subsections (b)(10)(B) and (C), the |
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365 | 365 | | taxable value of property means the taxable value of the property as |
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366 | 366 | | determined by the appraisal district rather than the value as |
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367 | 367 | | claimed by the property owner or estimated by the chief appraiser. |
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368 | 368 | | (e) The no-new-taxes tax rate of a taxing unit is the rate |
---|
369 | 369 | | expressed in dollars per $100 of taxable value computed by dividing |
---|
370 | 370 | | the tax levy, adjusted for lost value, by the taxable value, |
---|
371 | 371 | | adjusted for new value. |
---|
372 | 372 | | (f) The rollback tax rate of a taxing unit is the rate |
---|
373 | 373 | | expressed in dollars per $100 of taxable value computed by: |
---|
374 | 374 | | (1) adding the following rates: |
---|
375 | 375 | | (A) the product of the no-new-taxes maintenance |
---|
376 | 376 | | and operations rate and 1.05; |
---|
377 | 377 | | (B) the current year debt rate; |
---|
378 | 378 | | (C) the adjustment for state criminal justice |
---|
379 | 379 | | mandate; and |
---|
380 | 380 | | (D) the adjustment for indigent health care; and |
---|
381 | 381 | | (2) subtracting from the rate computed under |
---|
382 | 382 | | Subdivision (1) the adjustment for additional sales tax. |
---|
383 | 383 | | SECTION 9. The heading to Section 26.04, Tax Code, is |
---|
384 | 384 | | amended to read as follows: |
---|
385 | 385 | | Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
---|
386 | 386 | | NO-NEW-TAXES [EFFECTIVE] AND ROLLBACK TAX RATES. |
---|
387 | 387 | | SECTION 10. Section 26.04, Tax Code, is amended by amending |
---|
388 | 388 | | Subsections (c), (d), (e), (f), (g), (i), and (j) and adding |
---|
389 | 389 | | Subsections (d-1) and (e-2) to read as follows: |
---|
390 | 390 | | (c) An officer or employee designated by the governing body |
---|
391 | 391 | | shall calculate the no-new-taxes [effective] tax rate and the |
---|
392 | 392 | | rollback tax rate for the unit, where: |
---|
393 | 393 | | (1) "No-new-taxes tax rate" means: |
---|
394 | 394 | | (A) for a taxing unit other than a school |
---|
395 | 395 | | district, the no-new-taxes tax rate calculated under Section |
---|
396 | 396 | | 26.035; and |
---|
397 | 397 | | (B) for a school district, ["Effective tax rate" |
---|
398 | 398 | | means] a rate expressed in dollars per $100 of taxable value |
---|
399 | 399 | | calculated according to the following formula: |
---|
400 | 400 | | NO-NEW-TAXES [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY - |
---|
401 | 401 | | LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
---|
402 | 402 | | PROPERTY VALUE) |
---|
403 | 403 | | ; and |
---|
404 | 404 | | (2) "Rollback tax rate" means: |
---|
405 | 405 | | (A) for a taxing unit other than a school |
---|
406 | 406 | | district, the rollback tax rate calculated under Section 26.035; |
---|
407 | 407 | | and |
---|
408 | 408 | | (B) for a school district, the rate calculated |
---|
409 | 409 | | under Section 26.08. [a rate expressed in dollars per $100 of |
---|
410 | 410 | | taxable value calculated according to the following formula: |
---|
411 | 411 | | [ROLLBACK TAX RATE = (EFFECTIVE MAINTENANCE AND OPERATIONS |
---|
412 | 412 | | RATE x 1.08) + CURRENT DEBT RATE] |
---|
413 | 413 | | (d) The no-new-taxes [effective] tax rate for a county is |
---|
414 | 414 | | the sum of the no-new-taxes [effective] tax rates calculated for |
---|
415 | 415 | | each type of tax the county levies and the rollback tax rate for a |
---|
416 | 416 | | county is the sum of the rollback tax rates calculated for each type |
---|
417 | 417 | | of tax the county levies. |
---|
418 | 418 | | (d-1) The designated officer or employee shall calculate |
---|
419 | 419 | | the no-new-taxes tax rate and the rollback tax rate for the taxing |
---|
420 | 420 | | unit using the forms prescribed by the comptroller under Section |
---|
421 | 421 | | 5.07(f). |
---|
422 | 422 | | (e) By August 7 or as soon thereafter as practicable, the |
---|
423 | 423 | | designated officer or employee shall submit the rates to the |
---|
424 | 424 | | governing body. The designated officer or employee [He] shall |
---|
425 | 425 | | deliver by mail to each property owner in the unit or publish in a |
---|
426 | 426 | | newspaper in the form prescribed by the comptroller: |
---|
427 | 427 | | (1) the no-new-taxes [effective] tax rate, the |
---|
428 | 428 | | rollback tax rate, and an explanation of how they were calculated; |
---|
429 | 429 | | (2) the estimated amount of interest and sinking fund |
---|
430 | 430 | | balances and the estimated amount of maintenance and operation or |
---|
431 | 431 | | general fund balances remaining at the end of the current fiscal |
---|
432 | 432 | | year that are not encumbered with or by corresponding existing debt |
---|
433 | 433 | | obligation; |
---|
434 | 434 | | (3) a schedule of the unit's debt obligations showing: |
---|
435 | 435 | | (A) the amount of principal and interest that |
---|
436 | 436 | | will be paid to service the unit's debts in the next year from |
---|
437 | 437 | | property tax revenue, including payments of lawfully incurred |
---|
438 | 438 | | contractual obligations providing security for the payment of the |
---|
439 | 439 | | principal of and interest on bonds and other evidences of |
---|
440 | 440 | | indebtedness issued on behalf of the unit by another political |
---|
441 | 441 | | subdivision and, if the unit is created under Section 52, Article |
---|
442 | 442 | | III, or Section 59, Article XVI, Texas Constitution, payments on |
---|
443 | 443 | | debts that the unit anticipates to incur in the next calendar year; |
---|
444 | 444 | | (B) the amount by which taxes imposed for debt |
---|
445 | 445 | | are to be increased because of the unit's anticipated collection |
---|
446 | 446 | | rate; and |
---|
447 | 447 | | (C) the total of the amounts listed in Paragraphs |
---|
448 | 448 | | (A)-(B), less any amount collected in excess of the previous year's |
---|
449 | 449 | | anticipated collections certified as provided in Subsection (b); |
---|
450 | 450 | | (4) the amount of additional sales and use tax revenue |
---|
451 | 451 | | anticipated in calculations under Section 26.041; |
---|
452 | 452 | | (5) a statement that the adoption of a tax rate equal |
---|
453 | 453 | | to the no-new-taxes [effective] tax rate would result in an |
---|
454 | 454 | | increase or decrease, as applicable, in the amount of taxes imposed |
---|
455 | 455 | | by the unit as compared to last year's levy, and the amount of the |
---|
456 | 456 | | increase or decrease; |
---|
457 | 457 | | (6) in a [the] year in which [that] a taxing unit |
---|
458 | 458 | | calculates an adjustment under Subsection (i) or (j), a schedule |
---|
459 | 459 | | that includes the following elements: |
---|
460 | 460 | | (A) the name of the unit discontinuing the |
---|
461 | 461 | | department, function, or activity; |
---|
462 | 462 | | (B) the amount of property tax revenue spent by |
---|
463 | 463 | | the unit listed under Paragraph (A) to operate the discontinued |
---|
464 | 464 | | department, function, or activity in the 12 months preceding the |
---|
465 | 465 | | month in which the calculations required by this chapter are made; |
---|
466 | 466 | | and |
---|
467 | 467 | | (C) the name of the unit that operates a distinct |
---|
468 | 468 | | department, function, or activity in all or a majority of the |
---|
469 | 469 | | territory of a taxing unit that has discontinued operating the |
---|
470 | 470 | | distinct department, function, or activity; and |
---|
471 | 471 | | (7) in the year following a [the] year in which a |
---|
472 | 472 | | taxing unit raised its rollback tax rate as required by Subsection |
---|
473 | 473 | | (j), a schedule that includes the following elements: |
---|
474 | 474 | | (A) the amount of property tax revenue spent by |
---|
475 | 475 | | the unit to operate the department, function, or activity for which |
---|
476 | 476 | | the taxing unit raised the rollback tax rate as required by |
---|
477 | 477 | | Subsection (j) for the 12 months preceding the month in which the |
---|
478 | 478 | | calculations required by this chapter are made; and |
---|
479 | 479 | | (B) the amount published by the unit in the |
---|
480 | 480 | | preceding tax year under Subdivision (6)(B). |
---|
481 | 481 | | (e-2) By August 7 or as soon thereafter as practicable, the |
---|
482 | 482 | | county assessor-collector for each county shall deliver by regular |
---|
483 | 483 | | mail or e-mail to each owner of property located in the county and |
---|
484 | 484 | | shall post in a conspicuous place on the home page of the Internet |
---|
485 | 485 | | website of the county assessor-collector a notice that the |
---|
486 | 486 | | estimated amount of taxes to be imposed on the owner's property by |
---|
487 | 487 | | each taxing unit in which the property is located may be found in |
---|
488 | 488 | | the property tax database maintained by the comptroller under |
---|
489 | 489 | | Section 5.092. The notice must include: |
---|
490 | 490 | | (1) the address of the Internet website at which the |
---|
491 | 491 | | information may be found; |
---|
492 | 492 | | (2) a statement that the property owner may request a |
---|
493 | 493 | | written copy of the information from the assessor for each taxing |
---|
494 | 494 | | unit in which the property is located; and |
---|
495 | 495 | | (3) the address and telephone number of each assessor |
---|
496 | 496 | | from whom the written copy may be requested. |
---|
497 | 497 | | (f) If as a result of consolidation of taxing units a taxing |
---|
498 | 498 | | unit includes territory that was in two or more taxing units in the |
---|
499 | 499 | | preceding year, the amount of taxes imposed in each in the preceding |
---|
500 | 500 | | year is combined for purposes of calculating the no-new-taxes |
---|
501 | 501 | | [effective] and rollback tax rates under this section. |
---|
502 | 502 | | (g) A person who owns taxable property is entitled to an |
---|
503 | 503 | | injunction prohibiting the taxing unit in which the property is |
---|
504 | 504 | | taxable from adopting a tax rate if the assessor or designated |
---|
505 | 505 | | officer or employee of the unit, as applicable, has not complied |
---|
506 | 506 | | with the computation or publication requirements of this section or |
---|
507 | 507 | | Section 5.092(c) [and the failure to comply was not in good faith]. |
---|
508 | 508 | | (i) This subsection applies to a taxing unit that has agreed |
---|
509 | 509 | | by written contract to transfer a distinct department, function, or |
---|
510 | 510 | | activity to another taxing unit and discontinues operating that |
---|
511 | 511 | | distinct department, function, or activity if the operation of that |
---|
512 | 512 | | department, function, or activity in all or a majority of the |
---|
513 | 513 | | territory of the taxing unit is continued by another existing |
---|
514 | 514 | | taxing unit or by a new taxing unit. The rollback tax rate of a |
---|
515 | 515 | | taxing unit to which this subsection applies in the first tax year |
---|
516 | 516 | | in which a budget is adopted that does not allocate revenue to the |
---|
517 | 517 | | discontinued department, function, or activity is calculated as |
---|
518 | 518 | | otherwise provided by this section, except that last year's levy |
---|
519 | 519 | | used to calculate the no-new-taxes [effective] maintenance and |
---|
520 | 520 | | operations rate of the unit is reduced by the amount of maintenance |
---|
521 | 521 | | and operations tax revenue spent by the taxing unit to operate the |
---|
522 | 522 | | department, function, or activity for the 12 months preceding the |
---|
523 | 523 | | month in which the calculations required by this chapter are made |
---|
524 | 524 | | and in which the unit operated the discontinued department, |
---|
525 | 525 | | function, or activity. If the unit did not operate that department, |
---|
526 | 526 | | function, or activity for the full 12 months preceding the month in |
---|
527 | 527 | | which the calculations required by this chapter are made, the unit |
---|
528 | 528 | | shall reduce last year's levy used for calculating the no-new-taxes |
---|
529 | 529 | | [effective] maintenance and operations rate of the unit by the |
---|
530 | 530 | | amount of the revenue spent in the last full fiscal year in which |
---|
531 | 531 | | the unit operated the discontinued department, function, or |
---|
532 | 532 | | activity. |
---|
533 | 533 | | (j) This subsection applies to a taxing unit that had agreed |
---|
534 | 534 | | by written contract to accept the transfer of a distinct |
---|
535 | 535 | | department, function, or activity from another taxing unit and |
---|
536 | 536 | | operates a distinct department, function, or activity if the |
---|
537 | 537 | | operation of a substantially similar department, function, or |
---|
538 | 538 | | activity in all or a majority of the territory of the taxing unit |
---|
539 | 539 | | has been discontinued by another taxing unit, including a dissolved |
---|
540 | 540 | | taxing unit. The rollback tax rate of a taxing unit to which this |
---|
541 | 541 | | subsection applies in the first tax year after the other taxing unit |
---|
542 | 542 | | discontinued the substantially similar department, function, or |
---|
543 | 543 | | activity in which a budget is adopted that allocates revenue to the |
---|
544 | 544 | | department, function, or activity is calculated as otherwise |
---|
545 | 545 | | provided by this section, except that last year's levy used to |
---|
546 | 546 | | calculate the no-new-taxes [effective] maintenance and operations |
---|
547 | 547 | | rate of the unit is increased by the amount of maintenance and |
---|
548 | 548 | | operations tax revenue spent by the taxing unit that discontinued |
---|
549 | 549 | | operating the substantially similar department, function, or |
---|
550 | 550 | | activity to operate that department, function, or activity for the |
---|
551 | 551 | | 12 months preceding the month in which the calculations required by |
---|
552 | 552 | | this chapter are made and in which the unit operated the |
---|
553 | 553 | | discontinued department, function, or activity. If the unit did |
---|
554 | 554 | | not operate the discontinued department, function, or activity for |
---|
555 | 555 | | the full 12 months preceding the month in which the calculations |
---|
556 | 556 | | required by this chapter are made, the unit may increase last year's |
---|
557 | 557 | | levy used to calculate the no-new-taxes [effective] maintenance and |
---|
558 | 558 | | operations rate by an amount not to exceed the amount of property |
---|
559 | 559 | | tax revenue spent by the discontinuing unit to operate the |
---|
560 | 560 | | discontinued department, function, or activity in the last full |
---|
561 | 561 | | fiscal year in which the discontinuing unit operated the |
---|
562 | 562 | | department, function, or activity. |
---|
563 | 563 | | SECTION 11. The heading to Section 26.041, Tax Code, is |
---|
564 | 564 | | amended to read as follows: |
---|
565 | 565 | | Sec. 26.041. CALCULATION OF [TAX RATE OF UNIT IMPOSING] |
---|
566 | 566 | | ADDITIONAL SALES AND USE TAX REVENUE. |
---|
567 | 567 | | SECTION 12. Sections 26.041(d), (g), and (h), Tax Code, are |
---|
568 | 568 | | amended to read as follows: |
---|
569 | 569 | | (d) In order to determine the amount of additional sales and |
---|
570 | 570 | | use tax revenue for the current tax year for purposes of calculating |
---|
571 | 571 | | the adjustment for additional sales tax under Section 26.035 [this |
---|
572 | 572 | | section], the designated officer or employee of a taxing unit shall |
---|
573 | 573 | | use the sales and use tax revenue for the last preceding four |
---|
574 | 574 | | quarters for which the information is available as the basis for |
---|
575 | 575 | | projecting the additional sales and use tax revenue for the current |
---|
576 | 576 | | tax year. If the rate of the additional sales and use tax is |
---|
577 | 577 | | increased or reduced, the projection to be used for the first tax |
---|
578 | 578 | | year after the effective date of the sales and use tax change shall |
---|
579 | 579 | | be adjusted to exclude any revenue gained or lost because of the |
---|
580 | 580 | | sales and use tax rate change. If the unit did not impose an |
---|
581 | 581 | | additional sales and use tax for the last preceding four quarters, |
---|
582 | 582 | | the designated officer or employee shall request the comptroller of |
---|
583 | 583 | | public accounts to provide to the officer or employee a report |
---|
584 | 584 | | showing the estimated amount of taxable sales and uses within the |
---|
585 | 585 | | unit for the previous four quarters as compiled by the comptroller, |
---|
586 | 586 | | and the comptroller shall comply with the request. The officer or |
---|
587 | 587 | | employee shall prepare the estimate of the additional sales and use |
---|
588 | 588 | | tax revenue for the first year of the imposition of the tax by |
---|
589 | 589 | | multiplying the amount reported by the comptroller by the |
---|
590 | 590 | | appropriate additional sales and use tax rate and by multiplying |
---|
591 | 591 | | that product by .95. |
---|
592 | 592 | | (g) If the rate of the additional sales and use tax is |
---|
593 | 593 | | increased, the designated officer or employee shall make two |
---|
594 | 594 | | projections, in the manner provided by Subsection (d) [of this |
---|
595 | 595 | | section], of the revenue generated by the additional sales and use |
---|
596 | 596 | | tax in the following year. The first projection must take into |
---|
597 | 597 | | account the increase and the second projection must not take into |
---|
598 | 598 | | account the increase. The officer or employee shall then subtract |
---|
599 | 599 | | the amount of the result of the second projection from the amount of |
---|
600 | 600 | | the result of the first projection to determine the revenue |
---|
601 | 601 | | generated as a result of the increase in the additional sales and |
---|
602 | 602 | | use tax rate. In the first year in which an additional sales and use |
---|
603 | 603 | | tax rate is increased, the amount of additional sales and use tax |
---|
604 | 604 | | revenue calculated under this section must include [effective tax |
---|
605 | 605 | | rate for the unit is the effective tax rate before the increase |
---|
606 | 606 | | minus a number the numerator of which is] the revenue projected to |
---|
607 | 607 | | be generated as a result of the increase in the additional sales and |
---|
608 | 608 | | use tax rate [, as determined under this subsection, and the |
---|
609 | 609 | | denominator of which is the current total value minus the new |
---|
610 | 610 | | property value]. |
---|
611 | 611 | | (h) If the rate of the additional sales and use tax is |
---|
612 | 612 | | decreased, the designated officer or employee shall make two |
---|
613 | 613 | | projections, in the manner provided by Subsection (d) [of this |
---|
614 | 614 | | section], of the revenue generated by the additional sales and use |
---|
615 | 615 | | tax in the following year. The first projection must take into |
---|
616 | 616 | | account the decrease and the second projection must not take into |
---|
617 | 617 | | account the decrease. The officer or employee shall then subtract |
---|
618 | 618 | | the amount of the result of the first projection from the amount of |
---|
619 | 619 | | the result of the second projection to determine the revenue lost as |
---|
620 | 620 | | a result of the decrease in the additional sales and use tax rate. |
---|
621 | 621 | | In the first year in which an additional sales and use tax rate is |
---|
622 | 622 | | decreased, the amount of additional sales and use tax revenue |
---|
623 | 623 | | calculated under this section may not include [effective tax rate |
---|
624 | 624 | | for the unit is the effective tax rate before the decrease plus a |
---|
625 | 625 | | number the numerator of which is] the revenue projected to be lost |
---|
626 | 626 | | as a result of the decrease in the additional sales and use tax rate |
---|
627 | 627 | | [, as determined under this subsection, and the denominator of |
---|
628 | 628 | | which is the current total value minus the new property value]. |
---|
629 | 629 | | SECTION 13. The heading to Section 26.043, Tax Code, is |
---|
630 | 630 | | amended to read as follows: |
---|
631 | 631 | | Sec. 26.043. ROLLBACK AND NO-NEW-TAXES [EFFECTIVE] TAX |
---|
632 | 632 | | RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. |
---|
633 | 633 | | SECTION 14. Sections 26.043(a) and (b), Tax Code, are |
---|
634 | 634 | | amended to read as follows: |
---|
635 | 635 | | (a) In the tax year in which a city has set an election on |
---|
636 | 636 | | the question of whether to impose a local sales and use tax under |
---|
637 | 637 | | Subchapter H, Chapter 453, Transportation Code, the officer or |
---|
638 | 638 | | employee designated to make the calculations provided by Section |
---|
639 | 639 | | 26.04 may not make those calculations until the outcome of the |
---|
640 | 640 | | election is determined. If the election is determined in favor of |
---|
641 | 641 | | the imposition of the tax, the representative shall subtract from |
---|
642 | 642 | | the city's rollback and no-new-taxes [effective] tax rates the |
---|
643 | 643 | | amount that, if applied to the city's current total value, would |
---|
644 | 644 | | impose an amount equal to the amount of property taxes budgeted in |
---|
645 | 645 | | the current tax year to pay for expenses related to mass transit |
---|
646 | 646 | | services. |
---|
647 | 647 | | (b) In a tax year to which this section applies, a reference |
---|
648 | 648 | | in this chapter to the city's no-new-taxes [effective] or rollback |
---|
649 | 649 | | tax rate refers to that rate as adjusted under this section. |
---|
650 | 650 | | SECTION 15. Section 26.044, Tax Code, is amended to read as |
---|
651 | 651 | | follows: |
---|
652 | 652 | | Sec. 26.044. ROLLBACK [EFFECTIVE] TAX RATE TO PAY FOR STATE |
---|
653 | 653 | | CRIMINAL JUSTICE MANDATE. (a) The first time that a county adopts |
---|
654 | 654 | | a tax rate after September 1, 1991, in which the state criminal |
---|
655 | 655 | | justice mandate applies to the county, the adjustment for state |
---|
656 | 656 | | criminal justice mandate under Section 26.035 is the rate expressed |
---|
657 | 657 | | in dollars per $100 of taxable value calculated by dividing the |
---|
658 | 658 | | state criminal justice mandate by the current year total taxable |
---|
659 | 659 | | value for rollback calculation. [effective maintenance and |
---|
660 | 660 | | operation rate for the county is increased by the rate calculated |
---|
661 | 661 | | according to the following formula: |
---|
662 | 662 | | [(State Criminal Justice Mandate) / (Current Total |
---|
663 | 663 | | Value - New Property Value)] |
---|
664 | 664 | | (b) In the second and subsequent years that a county adopts |
---|
665 | 665 | | a tax rate, if the amount spent by the county for the state criminal |
---|
666 | 666 | | justice mandate increased over the previous year, the adjustment |
---|
667 | 667 | | for state criminal justice mandate under Section 26.035 is the rate |
---|
668 | 668 | | expressed in dollars per $100 of taxable value calculated by: |
---|
669 | 669 | | (1) subtracting the previous year's state criminal |
---|
670 | 670 | | justice mandate from the state criminal justice mandate for the |
---|
671 | 671 | | current year; and |
---|
672 | 672 | | (2) dividing the amount computed under Subdivision (1) |
---|
673 | 673 | | by the current year total taxable value for rollback calculation. |
---|
674 | 674 | | [effective maintenance and operation rate for the county is |
---|
675 | 675 | | increased by the rate calculated according to the following |
---|
676 | 676 | | formula: |
---|
677 | 677 | | [(This Year's State Criminal Justice Mandate - |
---|
678 | 678 | | Previous Year's State Criminal Justice Mandate) / |
---|
679 | 679 | | (Current Total Value - New Property Value)] |
---|
680 | 680 | | (c) The county shall include a notice of the increase in the |
---|
681 | 681 | | rollback tax [effective maintenance and operation] rate as a result |
---|
682 | 682 | | of the adjustment for state criminal justice mandate [provided by |
---|
683 | 683 | | this section], including a description and the amount of the state |
---|
684 | 684 | | criminal justice mandate, in the information published under |
---|
685 | 685 | | Section 26.04(e) and, if applicable, Section 26.06(b) [of this |
---|
686 | 686 | | code]. |
---|
687 | 687 | | (d) In this section: |
---|
688 | 688 | | (1) "Adjustment for state criminal justice mandate" |
---|
689 | 689 | | and "current year total taxable value for rollback calculation" |
---|
690 | 690 | | have the meanings assigned by Section 26.035. |
---|
691 | 691 | | (2) "State[, "state] criminal justice mandate" means |
---|
692 | 692 | | the amount spent by the county in the previous 12 months providing |
---|
693 | 693 | | for the maintenance and operation cost of keeping inmates in |
---|
694 | 694 | | county-paid facilities after they have been sentenced to the Texas |
---|
695 | 695 | | Department of Criminal Justice as certified by the county auditor |
---|
696 | 696 | | based on information provided by the county sheriff, minus the |
---|
697 | 697 | | amount received from state revenue for reimbursement of such costs. |
---|
698 | 698 | | SECTION 16. Section 26.0441, Tax Code, is amended to read as |
---|
699 | 699 | | follows: |
---|
700 | 700 | | Sec. 26.0441. ROLLBACK TAX RATE ADJUSTMENT FOR INDIGENT |
---|
701 | 701 | | HEALTH CARE. (a) In the first tax year in which a taxing unit |
---|
702 | 702 | | adopts a tax rate after January 1, 2000, and in which the enhanced |
---|
703 | 703 | | minimum eligibility standards for indigent health care established |
---|
704 | 704 | | under Section 61.006, Health and Safety Code, apply to the taxing |
---|
705 | 705 | | unit, the adjustment for indigent health care under Section 26.035 |
---|
706 | 706 | | is the rate expressed in dollars per $100 of taxable value |
---|
707 | 707 | | calculated by dividing the enhanced indigent health care |
---|
708 | 708 | | expenditures by the current year total taxable value for rollback |
---|
709 | 709 | | calculation. [effective maintenance and operations rate for the |
---|
710 | 710 | | taxing unit is increased by the rate computed according to the |
---|
711 | 711 | | following formula: |
---|
712 | 712 | | [Amount of Increase = Enhanced Indigent Health Care |
---|
713 | 713 | | Expenditures / (Current Total Value - New Property |
---|
714 | 714 | | Value)] |
---|
715 | 715 | | (b) In each subsequent tax year, if the taxing unit's |
---|
716 | 716 | | enhanced indigent health care expenses exceed the amount of those |
---|
717 | 717 | | expenses for the preceding year, the adjustment for indigent health |
---|
718 | 718 | | care under Section 26.035 is the rate expressed in dollars per $100 |
---|
719 | 719 | | of taxable value calculated by: |
---|
720 | 720 | | (1) subtracting the preceding tax year's enhanced |
---|
721 | 721 | | indigent health care expenditures from the current tax year's |
---|
722 | 722 | | enhanced indigent health care expenditures; and |
---|
723 | 723 | | (2) dividing the amount computed under Subdivision (1) |
---|
724 | 724 | | by the current year total taxable value for rollback calculation. |
---|
725 | 725 | | [effective maintenance and operations rate for the taxing unit is |
---|
726 | 726 | | increased by the rate computed according to the following formula: |
---|
727 | 727 | | [Amount of Increase = (Current Tax Year's Enhanced |
---|
728 | 728 | | Indigent Health Care Expenditures - Preceding Tax |
---|
729 | 729 | | Year's Indigent Health Care Expenditures) / (Current |
---|
730 | 730 | | Total Value - New Property Value)] |
---|
731 | 731 | | (c) The taxing unit shall include a notice of the increase |
---|
732 | 732 | | in its rollback tax [effective maintenance and operations] rate as |
---|
733 | 733 | | a result of the adjustment for indigent health care [provided by |
---|
734 | 734 | | this section], including a brief description and the amount of the |
---|
735 | 735 | | enhanced indigent health care expenditures, in the information |
---|
736 | 736 | | published under Section 26.04(e) and, if applicable, Section |
---|
737 | 737 | | 26.06(b). |
---|
738 | 738 | | (d) In this section: |
---|
739 | 739 | | (1) "Adjustment for indigent health care" and "current |
---|
740 | 740 | | year total taxable value for rollback calculation" have the |
---|
741 | 741 | | meanings assigned by Section 26.035. |
---|
742 | 742 | | (2) "Enhanced[, "enhanced] indigent health care |
---|
743 | 743 | | expenditures" for a tax year means the amount spent by the taxing |
---|
744 | 744 | | unit for the maintenance and operation costs of providing indigent |
---|
745 | 745 | | health care at the increased minimum eligibility standards |
---|
746 | 746 | | established under Section 61.006, Health and Safety Code, effective |
---|
747 | 747 | | on or after January 1, 2000, in the period beginning on July 1 of the |
---|
748 | 748 | | year preceding the tax year for which the tax is adopted and ending |
---|
749 | 749 | | on June 30 of the tax year for which the tax is adopted, less the |
---|
750 | 750 | | amount of state assistance received by the taxing unit in |
---|
751 | 751 | | accordance with Chapter 61, Health and Safety Code, that is |
---|
752 | 752 | | attributable to those costs. |
---|
753 | 753 | | SECTION 17. Section 26.05, Tax Code, is amended by adding |
---|
754 | 754 | | Subsections (a-1), (d-1), (d-2), (e-1), and (e-2) and amending |
---|
755 | 755 | | Subsections (b), (c), (d), and (g) to read as follows: |
---|
756 | 756 | | (a-1) This subsection applies only to a taxing unit that |
---|
757 | 757 | | imposes an additional sales and use tax. For purposes of Subsection |
---|
758 | 758 | | (a)(2), the amount needed to fund maintenance and operation |
---|
759 | 759 | | expenditures of the taxing unit for the next year is reduced by the |
---|
760 | 760 | | amount, if any, by which the amount of additional sales and use tax |
---|
761 | 761 | | revenue that will be generated by the additional sales and use tax |
---|
762 | 762 | | in the current tax year as calculated under Section 26.041 exceeds |
---|
763 | 763 | | the amount published under Section 26.04(e)(3)(C). |
---|
764 | 764 | | (b) A taxing unit may not impose property taxes in any year |
---|
765 | 765 | | until the governing body has adopted a tax rate for that year, and |
---|
766 | 766 | | the annual tax rate must be set by ordinance, resolution, or order, |
---|
767 | 767 | | depending on the method prescribed by law for adoption of a law by |
---|
768 | 768 | | the governing body. The vote on the ordinance, resolution, or order |
---|
769 | 769 | | setting the tax rate must be separate from the vote adopting the |
---|
770 | 770 | | budget. For a taxing unit other than a school district, the vote on |
---|
771 | 771 | | the ordinance, resolution, or order setting a tax rate that exceeds |
---|
772 | 772 | | the no-new-taxes [effective] tax rate must be a record vote, and at |
---|
773 | 773 | | least 60 percent of the members of the governing body must vote in |
---|
774 | 774 | | favor of the ordinance, resolution, or order. For a school |
---|
775 | 775 | | district, the vote on the ordinance, resolution, or order setting a |
---|
776 | 776 | | tax rate that exceeds the sum of the no-new-taxes [effective] |
---|
777 | 777 | | maintenance and operations tax rate of the district as determined |
---|
778 | 778 | | under Section 26.08(i) and the district's current debt rate must be |
---|
779 | 779 | | a record vote, and at least 60 percent of the members of the |
---|
780 | 780 | | governing body must vote in favor of the ordinance, resolution, or |
---|
781 | 781 | | order. A motion to adopt an ordinance, resolution, or order setting |
---|
782 | 782 | | a tax rate that exceeds the no-new-taxes [effective] tax rate must |
---|
783 | 783 | | be made in the following form: "I move that the property tax rate be |
---|
784 | 784 | | increased by the adoption of a tax rate of (specify tax rate), which |
---|
785 | 785 | | is effectively a (insert percentage by which the proposed tax rate |
---|
786 | 786 | | exceeds the no-new-taxes [effective] tax rate) percent increase in |
---|
787 | 787 | | the tax rate." If the ordinance, resolution, or order sets a tax |
---|
788 | 788 | | rate that, if applied to the total taxable value, will impose an |
---|
789 | 789 | | amount of taxes to fund maintenance and operation expenditures of |
---|
790 | 790 | | the taxing unit that exceeds the amount of taxes imposed for that |
---|
791 | 791 | | purpose in the preceding year, the taxing unit must: |
---|
792 | 792 | | (1) include in the ordinance, resolution, or order in |
---|
793 | 793 | | type larger than the type used in any other portion of the document: |
---|
794 | 794 | | (A) the following statement: "THIS TAX RATE WILL |
---|
795 | 795 | | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S |
---|
796 | 796 | | TAX RATE."; and |
---|
797 | 797 | | (B) if the tax rate exceeds the no-new-taxes |
---|
798 | 798 | | [effective] maintenance and operations rate, the following |
---|
799 | 799 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
800 | 800 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES |
---|
801 | 801 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
802 | 802 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
803 | 803 | | APPROXIMATELY $(Insert amount)."; and |
---|
804 | 804 | | (2) include on the home page of the [any] Internet |
---|
805 | 805 | | website operated by the unit: |
---|
806 | 806 | | (A) the following statement: "(Insert name of |
---|
807 | 807 | | unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE |
---|
808 | 808 | | AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and |
---|
809 | 809 | | (B) if the tax rate exceeds the no-new-taxes |
---|
810 | 810 | | [effective] maintenance and operations rate, the following |
---|
811 | 811 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
812 | 812 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES |
---|
813 | 813 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
814 | 814 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
815 | 815 | | APPROXIMATELY $(Insert amount)." |
---|
816 | 816 | | (c) If the governing body of a taxing unit does not adopt a |
---|
817 | 817 | | tax rate before the date required by Subsection (a), the tax rate |
---|
818 | 818 | | for the taxing unit for that tax year is the lower of the |
---|
819 | 819 | | no-new-taxes [effective] tax rate calculated for that tax year or |
---|
820 | 820 | | the tax rate adopted by the taxing unit for the preceding tax year. |
---|
821 | 821 | | A tax rate established by this subsection is treated as an adopted |
---|
822 | 822 | | tax rate. Before the fifth day after the establishment of a tax |
---|
823 | 823 | | rate by this subsection, the governing body of the taxing unit must |
---|
824 | 824 | | ratify the applicable tax rate in the manner required by Subsection |
---|
825 | 825 | | (b). |
---|
826 | 826 | | (d) The governing body of a taxing unit other than a school |
---|
827 | 827 | | district may not adopt a tax rate that exceeds the lower of the |
---|
828 | 828 | | rollback tax rate or the no-new-taxes [effective] tax rate |
---|
829 | 829 | | calculated as provided by this chapter until the governing body has |
---|
830 | 830 | | held two public hearings on the proposed tax rate and has otherwise |
---|
831 | 831 | | complied with Section 26.06 and Section 26.065. The governing body |
---|
832 | 832 | | of a taxing unit shall reduce a tax rate set by law or by vote of the |
---|
833 | 833 | | electorate to the lower of the rollback tax rate or the no-new-taxes |
---|
834 | 834 | | [effective] tax rate and may not adopt a higher rate unless it first |
---|
835 | 835 | | complies with Section 26.06. |
---|
836 | 836 | | (d-1) The governing body of a taxing unit may not hold a |
---|
837 | 837 | | public hearing on a proposed tax rate or a public meeting to adopt a |
---|
838 | 838 | | tax rate until the 14th day after the date the officer or employee |
---|
839 | 839 | | designated by the governing body of the unit to calculate the |
---|
840 | 840 | | no-new-taxes tax rate and the rollback tax rate for the unit |
---|
841 | 841 | | electronically submits to the comptroller the information |
---|
842 | 842 | | described by Section 5.092(c). |
---|
843 | 843 | | (d-2) Notwithstanding Subsection (a), the governing body of |
---|
844 | 844 | | a taxing unit other than a school district may not adopt a tax rate |
---|
845 | 845 | | until: |
---|
846 | 846 | | (1) the comptroller has included the information for |
---|
847 | 847 | | the current tax year specified by Section 5.092 in the |
---|
848 | 848 | | comptroller's property tax database; and |
---|
849 | 849 | | (2) the county assessor-collector for each county in |
---|
850 | 850 | | which all or part of the territory of the taxing unit is located has |
---|
851 | 851 | | delivered the notice required by Section 26.04(e-2). |
---|
852 | 852 | | (e-1) The governing body of a taxing unit that imposes an |
---|
853 | 853 | | additional sales and use tax may not adopt a tax rate until the |
---|
854 | 854 | | chief financial officer or auditor for the unit submits to the |
---|
855 | 855 | | governing body of the unit a written certification that: |
---|
856 | 856 | | (1) the amount of additional sales and use tax revenue |
---|
857 | 857 | | that will be used to pay debt service has been deducted from the |
---|
858 | 858 | | total amount published under Section 26.04(e)(3)(C) as required by |
---|
859 | 859 | | Subsection (a)(1) of this section; and |
---|
860 | 860 | | (2) if applicable, the amount by which the amount of |
---|
861 | 861 | | additional sales and use tax revenue that will be generated by the |
---|
862 | 862 | | additional sales and use tax in the current tax year as calculated |
---|
863 | 863 | | under Section 26.041 exceeds the amount published under Section |
---|
864 | 864 | | 26.04(e)(3)(C) has been deducted from the amount needed to fund |
---|
865 | 865 | | maintenance and operation expenditures of the unit for the next |
---|
866 | 866 | | year as required by Subsection (a-1) of this section. |
---|
867 | 867 | | (e-2) The comptroller shall adopt rules governing the form |
---|
868 | 868 | | of the certification required by Subsection (e-1) and the manner in |
---|
869 | 869 | | which it is required to be submitted. |
---|
870 | 870 | | (g) Notwithstanding Subsection (a), the governing body of a |
---|
871 | 871 | | school district that elects to adopt a tax rate before the adoption |
---|
872 | 872 | | of a budget for the fiscal year that begins in the current tax year |
---|
873 | 873 | | may adopt a tax rate for the current tax year before receipt of the |
---|
874 | 874 | | certified appraisal roll for the school district if the chief |
---|
875 | 875 | | appraiser of the appraisal district in which the school district |
---|
876 | 876 | | participates has certified to the assessor for the school district |
---|
877 | 877 | | an estimate of the taxable value of property in the school district |
---|
878 | 878 | | as provided by Section 26.01(e). If a school district adopts a tax |
---|
879 | 879 | | rate under this subsection, the no-new-taxes [effective] tax rate |
---|
880 | 880 | | and the rollback tax rate of the district shall be calculated based |
---|
881 | 881 | | on the certified estimate of taxable value. |
---|
882 | 882 | | SECTION 18. Section 26.052(e), Tax Code, is amended to read |
---|
883 | 883 | | as follows: |
---|
884 | 884 | | (e) Public notice provided under Subsection (c) must |
---|
885 | 885 | | specify: |
---|
886 | 886 | | (1) the tax rate that the governing body proposes to |
---|
887 | 887 | | adopt; |
---|
888 | 888 | | (2) the date, time, and location of the meeting of the |
---|
889 | 889 | | governing body of the taxing unit at which the governing body will |
---|
890 | 890 | | consider adopting the proposed tax rate; and |
---|
891 | 891 | | (3) if the proposed tax rate for the taxing unit |
---|
892 | 892 | | exceeds the unit's no-new-taxes [effective] tax rate calculated as |
---|
893 | 893 | | provided by Section 26.04, a statement substantially identical to |
---|
894 | 894 | | the following: "The proposed tax rate would increase total taxes in |
---|
895 | 895 | | (name of taxing unit) by (percentage by which the proposed tax rate |
---|
896 | 896 | | exceeds the no-new-taxes [effective] tax rate)." |
---|
897 | 897 | | SECTION 19. Sections 26.06(b), (c), (d), and (e), Tax Code, |
---|
898 | 898 | | are amended to read as follows: |
---|
899 | 899 | | (b) The notice of a public hearing may not be smaller than |
---|
900 | 900 | | one-quarter page of a standard-size or a tabloid-size newspaper, |
---|
901 | 901 | | and the headline on the notice must be in 24-point or larger type. |
---|
902 | 902 | | The notice must contain a statement in the following form: |
---|
903 | 903 | | "NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
904 | 904 | | "The (name of the taxing unit) will hold two public hearings |
---|
905 | 905 | | on a proposal to increase total tax revenues from properties on the |
---|
906 | 906 | | tax roll in the preceding tax year by (percentage by which proposed |
---|
907 | 907 | | tax rate exceeds lower of rollback tax rate or no-new-taxes |
---|
908 | 908 | | [effective] tax rate calculated under this chapter) percent. Your |
---|
909 | 909 | | individual taxes may increase at a greater or lesser rate, or even |
---|
910 | 910 | | decrease, depending on the change in the taxable value of your |
---|
911 | 911 | | property in relation to the change in taxable value of all other |
---|
912 | 912 | | property and the tax rate that is adopted. |
---|
913 | 913 | | "The first public hearing will be held on (date and time) at |
---|
914 | 914 | | (meeting place). |
---|
915 | 915 | | "The second public hearing will be held on (date and time) at |
---|
916 | 916 | | (meeting place). |
---|
917 | 917 | | "(Names of all members of the governing body, showing how |
---|
918 | 918 | | each voted on the proposal to consider the tax increase or, if one |
---|
919 | 919 | | or more were absent, indicating the absences.) |
---|
920 | 920 | | "The average taxable value of a residence homestead in (name |
---|
921 | 921 | | of taxing unit) last year was $____ (average taxable value of a |
---|
922 | 922 | | residence homestead in the taxing unit for the preceding tax year, |
---|
923 | 923 | | disregarding residence homestead exemptions available only to |
---|
924 | 924 | | disabled persons or persons 65 years of age or older). Based on |
---|
925 | 925 | | last year's tax rate of $____ (preceding year's adopted tax rate) |
---|
926 | 926 | | per $100 of taxable value, the amount of taxes imposed last year on |
---|
927 | 927 | | the average home was $____ (tax on average taxable value of a |
---|
928 | 928 | | residence homestead in the taxing unit for the preceding tax year, |
---|
929 | 929 | | disregarding residence homestead exemptions available only to |
---|
930 | 930 | | disabled persons or persons 65 years of age or older). |
---|
931 | 931 | | "The average taxable value of a residence homestead in (name |
---|
932 | 932 | | of taxing unit) this year is $____ (average taxable value of a |
---|
933 | 933 | | residence homestead in the taxing unit for the current tax year, |
---|
934 | 934 | | disregarding residence homestead exemptions available only to |
---|
935 | 935 | | disabled persons or persons 65 years of age or older). If the |
---|
936 | 936 | | governing body adopts the no-new-taxes [effective tax] rate for |
---|
937 | 937 | | this year of $____ (no-new-taxes [effective] tax rate) per $100 of |
---|
938 | 938 | | taxable value, the amount of taxes imposed this year on the average |
---|
939 | 939 | | home would be $____ (tax on average taxable value of a residence |
---|
940 | 940 | | homestead in the taxing unit for the current tax year, disregarding |
---|
941 | 941 | | residence homestead exemptions available only to disabled persons |
---|
942 | 942 | | or persons 65 years of age or older). |
---|
943 | 943 | | "If the governing body adopts the proposed tax rate of $____ |
---|
944 | 944 | | (proposed tax rate) per $100 of taxable value, the amount of taxes |
---|
945 | 945 | | imposed this year on the average home would be $____ (tax on the |
---|
946 | 946 | | average taxable value of a residence in the taxing unit for the |
---|
947 | 947 | | current year disregarding residence homestead exemptions available |
---|
948 | 948 | | only to disabled persons or persons 65 years of age or older). |
---|
949 | 949 | | "Members of the public are encouraged to attend the hearings |
---|
950 | 950 | | and express their views." |
---|
951 | 951 | | (c) The notice of a public hearing under this section may be |
---|
952 | 952 | | delivered by mail to each property owner in the unit, or may be |
---|
953 | 953 | | published in a newspaper. If the notice is published in a |
---|
954 | 954 | | newspaper, it may not be in the part of the paper in which legal |
---|
955 | 955 | | notices and classified advertisements appear. The [If the taxing |
---|
956 | 956 | | unit operates an Internet website, the] notice must be posted on the |
---|
957 | 957 | | Internet website operated by the taxing unit from the date the |
---|
958 | 958 | | notice is first published until the second public hearing is |
---|
959 | 959 | | concluded. |
---|
960 | 960 | | (d) At the public hearings the governing body shall announce |
---|
961 | 961 | | the date, time, and place of the meeting at which it will vote on the |
---|
962 | 962 | | proposed tax rate. After each hearing the governing body shall give |
---|
963 | 963 | | notice of the meeting at which it will vote on the proposed tax rate |
---|
964 | 964 | | and the notice shall be in the same form as prescribed by |
---|
965 | 965 | | Subsections (b) and (c), except that it must state the following: |
---|
966 | 966 | | "NOTICE OF TAX REVENUE INCREASE |
---|
967 | 967 | | "The (name of the taxing unit) conducted public hearings on |
---|
968 | 968 | | (date of first hearing) and (date of second hearing) on a proposal |
---|
969 | 969 | | to increase the total tax revenues of the (name of the taxing unit) |
---|
970 | 970 | | from properties on the tax roll in the preceding year by (percentage |
---|
971 | 971 | | by which proposed tax rate exceeds lower of rollback tax rate or |
---|
972 | 972 | | no-new-taxes [effective] tax rate calculated under this chapter) |
---|
973 | 973 | | percent. |
---|
974 | 974 | | "The total tax revenue proposed to be raised last year at last |
---|
975 | 975 | | year's tax rate of (insert tax rate for the preceding year) for each |
---|
976 | 976 | | $100 of taxable value was (insert total amount of taxes imposed in |
---|
977 | 977 | | the preceding year). |
---|
978 | 978 | | "The total tax revenue proposed to be raised this year at the |
---|
979 | 979 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
980 | 980 | | taxable value, excluding tax revenue to be raised from new property |
---|
981 | 981 | | added to the tax roll this year, is (insert amount computed by |
---|
982 | 982 | | multiplying proposed tax rate by the difference between current |
---|
983 | 983 | | total value and new property value). |
---|
984 | 984 | | "The total tax revenue proposed to be raised this year at the |
---|
985 | 985 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
986 | 986 | | taxable value, including tax revenue to be raised from new property |
---|
987 | 987 | | added to the tax roll this year, is (insert amount computed by |
---|
988 | 988 | | multiplying proposed tax rate by current total value). |
---|
989 | 989 | | "The (governing body of the taxing unit) is scheduled to vote |
---|
990 | 990 | | on the tax rate that will result in that tax increase at a public |
---|
991 | 991 | | meeting to be held on (date of meeting) at (location of meeting, |
---|
992 | 992 | | including mailing address) at (time of meeting). |
---|
993 | 993 | | "The (governing body of the taxing unit) proposes to use the |
---|
994 | 994 | | increase in total tax revenue for the purpose of (description of |
---|
995 | 995 | | purpose of increase)." |
---|
996 | 996 | | (e) The meeting to vote on the tax increase may not be |
---|
997 | 997 | | earlier than the third day or later than the 14th day after the date |
---|
998 | 998 | | of the second public hearing. The meeting must be held inside the |
---|
999 | 999 | | boundaries of the taxing unit in a publicly owned building or, if a |
---|
1000 | 1000 | | suitable publicly owned building is not available, in a suitable |
---|
1001 | 1001 | | building to which the public normally has access. If the governing |
---|
1002 | 1002 | | body does not adopt a tax rate that exceeds the lower of the |
---|
1003 | 1003 | | rollback tax rate or the no-new-taxes [effective] tax rate by the |
---|
1004 | 1004 | | 14th day, it must give a new notice under Subsection (d) before it |
---|
1005 | 1005 | | may adopt a rate that exceeds the lower of the rollback tax rate or |
---|
1006 | 1006 | | the no-new-taxes [effective] tax rate. |
---|
1007 | 1007 | | SECTION 20. Section 26.065(b), Tax Code, is amended to read |
---|
1008 | 1008 | | as follows: |
---|
1009 | 1009 | | (b) The taxing [If the taxing unit owns, operates, or |
---|
1010 | 1010 | | controls an Internet website, the] unit shall post notice of the |
---|
1011 | 1011 | | public hearing on the Internet website owned, operated, or |
---|
1012 | 1012 | | controlled by the unit continuously for at least seven days |
---|
1013 | 1013 | | immediately before the public hearing on the proposed tax rate |
---|
1014 | 1014 | | increase and at least seven days immediately before the date of the |
---|
1015 | 1015 | | vote proposing the increase in the tax rate. |
---|
1016 | 1016 | | SECTION 21. Sections 26.08(g), (n), and (p), Tax Code, are |
---|
1017 | 1017 | | amended to read as follows: |
---|
1018 | 1018 | | (g) In a school district that received distributions from an |
---|
1019 | 1019 | | equalization tax imposed under former Chapter 18, Education Code, |
---|
1020 | 1020 | | the no-new-taxes [effective] rate of that tax as of the date of the |
---|
1021 | 1021 | | county unit system's abolition is added to the district's rollback |
---|
1022 | 1022 | | tax rate. |
---|
1023 | 1023 | | (n) For purposes of this section, the rollback tax rate of a |
---|
1024 | 1024 | | school district whose maintenance and operations tax rate for the |
---|
1025 | 1025 | | 2005 tax year was $1.50 or less per $100 of taxable value is: |
---|
1026 | 1026 | | (1) for the 2006 tax year, the sum of the rate that is |
---|
1027 | 1027 | | equal to 88.67 percent of the maintenance and operations tax rate |
---|
1028 | 1028 | | adopted by the district for the 2005 tax year, the rate of $0.04 per |
---|
1029 | 1029 | | $100 of taxable value, and the district's current debt rate; and |
---|
1030 | 1030 | | (2) for the 2007 and subsequent tax years, the lesser |
---|
1031 | 1031 | | of the following: |
---|
1032 | 1032 | | (A) the sum of the following: |
---|
1033 | 1033 | | (i) the rate per $100 of taxable value that |
---|
1034 | 1034 | | is equal to the product of the state compression percentage, as |
---|
1035 | 1035 | | determined under Section 42.2516, Education Code, for the current |
---|
1036 | 1036 | | year and $1.50; |
---|
1037 | 1037 | | (ii) the rate of $0.04 per $100 of taxable |
---|
1038 | 1038 | | value; |
---|
1039 | 1039 | | (iii) the rate that is equal to the sum of |
---|
1040 | 1040 | | the differences for the 2006 and each subsequent tax year between |
---|
1041 | 1041 | | the adopted tax rate of the district for that year if the rate was |
---|
1042 | 1042 | | approved at an election under this section and the rollback tax rate |
---|
1043 | 1043 | | of the district for that year; and |
---|
1044 | 1044 | | (iv) the district's current debt rate; or |
---|
1045 | 1045 | | (B) the sum of the following: |
---|
1046 | 1046 | | (i) the no-new-taxes [effective] |
---|
1047 | 1047 | | maintenance and operations tax rate of the district as computed |
---|
1048 | 1048 | | under Subsection (i) [or (k), as applicable]; |
---|
1049 | 1049 | | (ii) the rate per $100 of taxable value that |
---|
1050 | 1050 | | is equal to the product of the state compression percentage, as |
---|
1051 | 1051 | | determined under Section 42.2516, Education Code, for the current |
---|
1052 | 1052 | | year and $0.06; and |
---|
1053 | 1053 | | (iii) the district's current debt rate. |
---|
1054 | 1054 | | (p) Notwithstanding Subsections (i), (n), and (o), if for |
---|
1055 | 1055 | | the preceding tax year a school district adopted a maintenance and |
---|
1056 | 1056 | | operations tax rate that was less than the district's no-new-taxes |
---|
1057 | 1057 | | [effective] maintenance and operations tax rate for that preceding |
---|
1058 | 1058 | | tax year, the rollback tax rate of the district for the current tax |
---|
1059 | 1059 | | year is calculated as if the district adopted a maintenance and |
---|
1060 | 1060 | | operations tax rate for the preceding tax year that was equal to the |
---|
1061 | 1061 | | district's no-new-taxes [effective] maintenance and operations tax |
---|
1062 | 1062 | | rate for that preceding tax year. |
---|
1063 | 1063 | | SECTION 22. Section 26.08(i), Tax Code, as effective |
---|
1064 | 1064 | | September 1, 2017, is amended to read as follows: |
---|
1065 | 1065 | | (i) For purposes of this section, the no-new-taxes |
---|
1066 | 1066 | | [effective] maintenance and operations tax rate of a school |
---|
1067 | 1067 | | district is the tax rate that, applied to the current total value |
---|
1068 | 1068 | | for the district, would impose taxes in an amount that, when added |
---|
1069 | 1069 | | to state funds that would be distributed to the district under |
---|
1070 | 1070 | | Chapter 42, Education Code, for the school year beginning in the |
---|
1071 | 1071 | | current tax year using that tax rate, would provide the same amount |
---|
1072 | 1072 | | of state funds distributed under Chapter 42, Education Code, and |
---|
1073 | 1073 | | maintenance and operations taxes of the district per student in |
---|
1074 | 1074 | | weighted average daily attendance for that school year that would |
---|
1075 | 1075 | | have been available to the district in the preceding year if the |
---|
1076 | 1076 | | funding elements for Chapters 41 and 42, Education Code, for the |
---|
1077 | 1077 | | current year had been in effect for the preceding year. |
---|
1078 | 1078 | | SECTION 23. Section 26.16, Tax Code, is amended by amending |
---|
1079 | 1079 | | Subsections (a) and (d) and adding Subsection (a-1) to read as |
---|
1080 | 1080 | | follows: |
---|
1081 | 1081 | | (a) Each county shall maintain an Internet website. The |
---|
1082 | 1082 | | county assessor-collector for each county [that maintains an |
---|
1083 | 1083 | | Internet website] shall post on the Internet website maintained by |
---|
1084 | 1084 | | [of] the county the following information for the most recent five |
---|
1085 | 1085 | | tax years beginning with the 2012 tax year for each taxing unit all |
---|
1086 | 1086 | | or part of the territory of which is located in the county: |
---|
1087 | 1087 | | (1) the adopted tax rate; |
---|
1088 | 1088 | | (2) the maintenance and operations rate; |
---|
1089 | 1089 | | (3) the debt rate; |
---|
1090 | 1090 | | (4) the no-new-taxes [effective] tax rate; |
---|
1091 | 1091 | | (5) the no-new-taxes [effective] maintenance and |
---|
1092 | 1092 | | operations rate; and |
---|
1093 | 1093 | | (6) the rollback tax rate. |
---|
1094 | 1094 | | (a-1) For purposes of Subsection (a), a reference to the |
---|
1095 | 1095 | | no-new-taxes tax rate or the no-new-taxes maintenance and |
---|
1096 | 1096 | | operations rate includes the equivalent effective tax rate or |
---|
1097 | 1097 | | effective maintenance and operations rate for a preceding year. |
---|
1098 | 1098 | | This subsection expires January 1, 2024. |
---|
1099 | 1099 | | (d) The county assessor-collector shall post immediately |
---|
1100 | 1100 | | below the table prescribed by Subsection (c) the following |
---|
1101 | 1101 | | statement: |
---|
1102 | 1102 | | "The county is providing this table of property tax rate |
---|
1103 | 1103 | | information as a service to the residents of the county. Each |
---|
1104 | 1104 | | individual taxing unit is responsible for calculating the property |
---|
1105 | 1105 | | tax rates listed in this table pertaining to that taxing unit and |
---|
1106 | 1106 | | providing that information to the county. |
---|
1107 | 1107 | | "The adopted tax rate is the tax rate adopted by the governing |
---|
1108 | 1108 | | body of a taxing unit. |
---|
1109 | 1109 | | "The maintenance and operations rate is the component of the |
---|
1110 | 1110 | | adopted tax rate of a taxing unit that will impose the amount of |
---|
1111 | 1111 | | taxes needed to fund maintenance and operation expenditures of the |
---|
1112 | 1112 | | unit for the following year. |
---|
1113 | 1113 | | "The debt rate is the component of the adopted tax rate of a |
---|
1114 | 1114 | | taxing unit that will impose the amount of taxes needed to fund the |
---|
1115 | 1115 | | unit's debt service for the following year. |
---|
1116 | 1116 | | "The no-new-taxes [effective tax] rate is the tax rate that |
---|
1117 | 1117 | | would generate the same amount of revenue in the current tax year as |
---|
1118 | 1118 | | was generated by a taxing unit's adopted tax rate in the preceding |
---|
1119 | 1119 | | tax year from property that is taxable in both the current tax year |
---|
1120 | 1120 | | and the preceding tax year. |
---|
1121 | 1121 | | "The no-new-taxes [effective] maintenance and operations |
---|
1122 | 1122 | | rate is the tax rate that would generate the same amount of revenue |
---|
1123 | 1123 | | for maintenance and operations in the current tax year as was |
---|
1124 | 1124 | | generated by a taxing unit's maintenance and operations rate in the |
---|
1125 | 1125 | | preceding tax year from property that is taxable in both the current |
---|
1126 | 1126 | | tax year and the preceding tax year. |
---|
1127 | 1127 | | "The rollback tax rate is the highest tax rate a taxing unit |
---|
1128 | 1128 | | may adopt before requiring voter approval at an election. In the |
---|
1129 | 1129 | | case of a taxing unit other than a school district, the voters by |
---|
1130 | 1130 | | petition may require that a rollback election be held if the unit |
---|
1131 | 1131 | | adopts a tax rate in excess of the unit's rollback tax rate. In the |
---|
1132 | 1132 | | case of a school district, an election will automatically be held if |
---|
1133 | 1133 | | the district wishes to adopt a tax rate in excess of the district's |
---|
1134 | 1134 | | rollback tax rate." |
---|
1135 | 1135 | | SECTION 24. Section 321.106(e), Tax Code, is amended to |
---|
1136 | 1136 | | read as follows: |
---|
1137 | 1137 | | (e) If, in a municipality where a fire control, prevention, |
---|
1138 | 1138 | | and emergency medical services district is composed of the whole |
---|
1139 | 1139 | | municipality, a municipal sales and use tax or a municipal sales and |
---|
1140 | 1140 | | use tax rate increase for the purpose of financing a fire control, |
---|
1141 | 1141 | | prevention, and emergency medical services district is approved, |
---|
1142 | 1142 | | the municipality is responsible for distributing to the district |
---|
1143 | 1143 | | that portion of the municipal sales and use tax revenue received |
---|
1144 | 1144 | | from the comptroller that is to be used for the purposes of |
---|
1145 | 1145 | | financing the fire control, prevention, and emergency medical |
---|
1146 | 1146 | | services district. Not later than the 10th day after the date the |
---|
1147 | 1147 | | municipality receives money under this section from the |
---|
1148 | 1148 | | comptroller, the municipality shall make the distribution in the |
---|
1149 | 1149 | | proportion that the fire control, prevention, and emergency medical |
---|
1150 | 1150 | | services portion of the tax rate bears to the total sales and use |
---|
1151 | 1151 | | tax rate of the municipality. The amounts distributed to a fire |
---|
1152 | 1152 | | control, prevention, and emergency medical services district are |
---|
1153 | 1153 | | not considered to be sales and use tax revenue for the purpose of |
---|
1154 | 1154 | | computations [property tax reduction and computation of the |
---|
1155 | 1155 | | municipal tax rate] under Section 26.041. |
---|
1156 | 1156 | | SECTION 25. Section 321.108(f), Tax Code, is amended to |
---|
1157 | 1157 | | read as follows: |
---|
1158 | 1158 | | (f) If, in a municipality in which a crime control and |
---|
1159 | 1159 | | prevention district is composed of the whole municipality, a |
---|
1160 | 1160 | | municipal sales and use tax or a municipal sales and use tax rate |
---|
1161 | 1161 | | increase for the purpose of financing a crime control and |
---|
1162 | 1162 | | prevention district is approved, the municipality is responsible |
---|
1163 | 1163 | | for distributing to the district that portion of the municipal |
---|
1164 | 1164 | | sales and use tax revenue received from the comptroller that is to |
---|
1165 | 1165 | | be used for the purposes of financing the crime control and |
---|
1166 | 1166 | | prevention district. Not later than the 10th day after the date |
---|
1167 | 1167 | | the municipality receives money under this section from the |
---|
1168 | 1168 | | comptroller, the municipality shall make the distribution in the |
---|
1169 | 1169 | | proportion that the crime control and prevention portion of the tax |
---|
1170 | 1170 | | rate bears to the total sales and use tax rate of the |
---|
1171 | 1171 | | municipality. The amounts distributed to a crime control and |
---|
1172 | 1172 | | prevention district are not considered to be additional municipal |
---|
1173 | 1173 | | sales and use tax revenue for the purpose of computations [property |
---|
1174 | 1174 | | tax reduction and computation of the municipal tax rate] under |
---|
1175 | 1175 | | Section 26.041. |
---|
1176 | 1176 | | SECTION 26. Section 323.105(f), Tax Code, is amended to |
---|
1177 | 1177 | | read as follows: |
---|
1178 | 1178 | | (f) If, in a county where a crime control and prevention |
---|
1179 | 1179 | | district is composed of the whole county, a county sales and use tax |
---|
1180 | 1180 | | or a county sales and use tax rate increase for the purpose of |
---|
1181 | 1181 | | financing a crime control and prevention district is approved, the |
---|
1182 | 1182 | | county is responsible for distributing to the district that portion |
---|
1183 | 1183 | | of the county sales and use tax revenue received from the |
---|
1184 | 1184 | | comptroller that is to be used for the purposes of financing the |
---|
1185 | 1185 | | crime control and prevention district. Not later than the 10th day |
---|
1186 | 1186 | | after the date the county receives funds under this section from the |
---|
1187 | 1187 | | comptroller, the county shall make the distribution in the |
---|
1188 | 1188 | | proportion that the crime control and prevention portion of the tax |
---|
1189 | 1189 | | rate bears to the total sales and use tax rate of the county. The |
---|
1190 | 1190 | | amounts distributed to a crime control and prevention district are |
---|
1191 | 1191 | | not considered to be sales and use tax revenue for the purpose of |
---|
1192 | 1192 | | computations [property tax reduction and computation of the county |
---|
1193 | 1193 | | tax rate] under Section 26.041, Tax Code. |
---|
1194 | 1194 | | SECTION 27. Section 45.105(e), Education Code, is amended |
---|
1195 | 1195 | | to read as follows: |
---|
1196 | 1196 | | (e) The governing body of an independent school district |
---|
1197 | 1197 | | that governs a junior college district under Subchapter B, Chapter |
---|
1198 | 1198 | | 130, in a county with a population of more than two million may |
---|
1199 | 1199 | | dedicate a specific percentage of the local tax levy to the use of |
---|
1200 | 1200 | | the junior college district for facilities and equipment or for the |
---|
1201 | 1201 | | maintenance and operating expenses of the junior college district. |
---|
1202 | 1202 | | To be effective, the dedication must be made by the governing body |
---|
1203 | 1203 | | on or before the date on which the governing body adopts its tax |
---|
1204 | 1204 | | rate for a year. The amount of local tax funds derived from the |
---|
1205 | 1205 | | percentage of the local tax levy dedicated to a junior college |
---|
1206 | 1206 | | district from a tax levy may not exceed the amount that would be |
---|
1207 | 1207 | | levied by five percent of the no-new-taxes [effective] tax rate for |
---|
1208 | 1208 | | the tax year calculated as provided by Section 26.04, Tax Code, on |
---|
1209 | 1209 | | all property taxable by the school district. All real property |
---|
1210 | 1210 | | purchased with these funds is the property of the school district, |
---|
1211 | 1211 | | but is subject to the exclusive control of the governing body of the |
---|
1212 | 1212 | | junior college district for as long as the junior college district |
---|
1213 | 1213 | | uses the property for educational purposes. |
---|
1214 | 1214 | | SECTION 28. Section 102.007(d), Local Government Code, is |
---|
1215 | 1215 | | amended to read as follows: |
---|
1216 | 1216 | | (d) An adopted budget must contain a cover page that |
---|
1217 | 1217 | | includes: |
---|
1218 | 1218 | | (1) one of the following statements in 18-point or |
---|
1219 | 1219 | | larger type that accurately describes the adopted budget: |
---|
1220 | 1220 | | (A) "This budget will raise more revenue from |
---|
1221 | 1221 | | property taxes than last year's budget by an amount of (insert total |
---|
1222 | 1222 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1223 | 1223 | | percent increase from last year's budget. The property tax revenue |
---|
1224 | 1224 | | to be raised from new property added to the tax roll this year is |
---|
1225 | 1225 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1226 | 1226 | | value of new property added to the roll)."; |
---|
1227 | 1227 | | (B) "This budget will raise less revenue from |
---|
1228 | 1228 | | property taxes than last year's budget by an amount of (insert total |
---|
1229 | 1229 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1230 | 1230 | | percent decrease from last year's budget. The property tax revenue |
---|
1231 | 1231 | | to be raised from new property added to the tax roll this year is |
---|
1232 | 1232 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1233 | 1233 | | value of new property added to the roll)."; or |
---|
1234 | 1234 | | (C) "This budget will raise the same amount of |
---|
1235 | 1235 | | revenue from property taxes as last year's budget. The property tax |
---|
1236 | 1236 | | revenue to be raised from new property added to the tax roll this |
---|
1237 | 1237 | | year is (insert amount computed by multiplying the proposed tax |
---|
1238 | 1238 | | rate by the value of new property added to the roll)."; |
---|
1239 | 1239 | | (2) the record vote of each member of the governing |
---|
1240 | 1240 | | body by name voting on the adoption of the budget; |
---|
1241 | 1241 | | (3) the municipal property tax rates for the preceding |
---|
1242 | 1242 | | fiscal year, and each municipal property tax rate that has been |
---|
1243 | 1243 | | adopted or calculated for the current fiscal year, including: |
---|
1244 | 1244 | | (A) the property tax rate; |
---|
1245 | 1245 | | (B) the no-new-taxes [effective] tax rate; |
---|
1246 | 1246 | | (C) the no-new-taxes [effective] maintenance and |
---|
1247 | 1247 | | operations tax rate; |
---|
1248 | 1248 | | (D) the rollback tax rate; and |
---|
1249 | 1249 | | (E) the debt rate; and |
---|
1250 | 1250 | | (4) the total amount of municipal debt obligations. |
---|
1251 | 1251 | | SECTION 29. Section 111.008(d), Local Government Code, is |
---|
1252 | 1252 | | amended to read as follows: |
---|
1253 | 1253 | | (d) An adopted budget must contain a cover page that |
---|
1254 | 1254 | | includes: |
---|
1255 | 1255 | | (1) one of the following statements in 18-point or |
---|
1256 | 1256 | | larger type that accurately describes the adopted budget: |
---|
1257 | 1257 | | (A) "This budget will raise more revenue from |
---|
1258 | 1258 | | property taxes than last year's budget by an amount of (insert total |
---|
1259 | 1259 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1260 | 1260 | | percent increase from last year's budget. The property tax revenue |
---|
1261 | 1261 | | to be raised from new property added to the tax roll this year is |
---|
1262 | 1262 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1263 | 1263 | | value of new property added to the roll)."; |
---|
1264 | 1264 | | (B) "This budget will raise less revenue from |
---|
1265 | 1265 | | property taxes than last year's budget by an amount of (insert total |
---|
1266 | 1266 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1267 | 1267 | | percent decrease from last year's budget. The property tax revenue |
---|
1268 | 1268 | | to be raised from new property added to the tax roll this year is |
---|
1269 | 1269 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1270 | 1270 | | value of new property added to the roll)."; or |
---|
1271 | 1271 | | (C) "This budget will raise the same amount of |
---|
1272 | 1272 | | revenue from property taxes as last year's budget. The property tax |
---|
1273 | 1273 | | revenue to be raised from new property added to the tax roll this |
---|
1274 | 1274 | | year is (insert amount computed by multiplying the proposed tax |
---|
1275 | 1275 | | rate by the value of new property added to the roll)."; |
---|
1276 | 1276 | | (2) the record vote of each member of the |
---|
1277 | 1277 | | commissioners court by name voting on the adoption of the budget; |
---|
1278 | 1278 | | (3) the county property tax rates for the preceding |
---|
1279 | 1279 | | fiscal year, and each county property tax rate that has been adopted |
---|
1280 | 1280 | | or calculated for the current fiscal year, including: |
---|
1281 | 1281 | | (A) the property tax rate; |
---|
1282 | 1282 | | (B) the no-new-taxes [effective] tax rate; |
---|
1283 | 1283 | | (C) the no-new-taxes [effective] maintenance and |
---|
1284 | 1284 | | operations tax rate; |
---|
1285 | 1285 | | (D) the rollback tax rate; and |
---|
1286 | 1286 | | (E) the debt rate; and |
---|
1287 | 1287 | | (4) the total amount of county debt obligations. |
---|
1288 | 1288 | | SECTION 30. Section 111.039(d), Local Government Code, is |
---|
1289 | 1289 | | amended to read as follows: |
---|
1290 | 1290 | | (d) An adopted budget must contain a cover page that |
---|
1291 | 1291 | | includes: |
---|
1292 | 1292 | | (1) one of the following statements in 18-point or |
---|
1293 | 1293 | | larger type that accurately describes the adopted budget: |
---|
1294 | 1294 | | (A) "This budget will raise more revenue from |
---|
1295 | 1295 | | property taxes than last year's budget by an amount of (insert total |
---|
1296 | 1296 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1297 | 1297 | | percent increase from last year's budget. The property tax revenue |
---|
1298 | 1298 | | to be raised from new property added to the tax roll this year is |
---|
1299 | 1299 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1300 | 1300 | | value of new property added to the roll)."; |
---|
1301 | 1301 | | (B) "This budget will raise less revenue from |
---|
1302 | 1302 | | property taxes than last year's budget by an amount of (insert total |
---|
1303 | 1303 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1304 | 1304 | | percent decrease from last year's budget. The property tax revenue |
---|
1305 | 1305 | | to be raised from new property added to the tax roll this year is |
---|
1306 | 1306 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1307 | 1307 | | value of new property added to the roll)."; or |
---|
1308 | 1308 | | (C) "This budget will raise the same amount of |
---|
1309 | 1309 | | revenue from property taxes as last year's budget. The property tax |
---|
1310 | 1310 | | revenue to be raised from new property added to the tax roll this |
---|
1311 | 1311 | | year is (insert amount computed by multiplying the proposed tax |
---|
1312 | 1312 | | rate by the value of new property added to the roll)."; |
---|
1313 | 1313 | | (2) the record vote of each member of the |
---|
1314 | 1314 | | commissioners court by name voting on the adoption of the budget; |
---|
1315 | 1315 | | (3) the county property tax rates for the preceding |
---|
1316 | 1316 | | fiscal year, and each county property tax rate that has been adopted |
---|
1317 | 1317 | | or calculated for the current fiscal year, including: |
---|
1318 | 1318 | | (A) the property tax rate; |
---|
1319 | 1319 | | (B) the no-new-taxes [effective] tax rate; |
---|
1320 | 1320 | | (C) the no-new-taxes [effective] maintenance and |
---|
1321 | 1321 | | operations tax rate; |
---|
1322 | 1322 | | (D) the rollback tax rate; and |
---|
1323 | 1323 | | (E) the debt rate; and |
---|
1324 | 1324 | | (4) the total amount of county debt obligations. |
---|
1325 | 1325 | | SECTION 31. Section 111.068(c), Local Government Code, is |
---|
1326 | 1326 | | amended to read as follows: |
---|
1327 | 1327 | | (c) An adopted budget must contain a cover page that |
---|
1328 | 1328 | | includes: |
---|
1329 | 1329 | | (1) one of the following statements in 18-point or |
---|
1330 | 1330 | | larger type that accurately describes the adopted budget: |
---|
1331 | 1331 | | (A) "This budget will raise more revenue from |
---|
1332 | 1332 | | property taxes than last year's budget by an amount of (insert total |
---|
1333 | 1333 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1334 | 1334 | | percent increase from last year's budget. The property tax revenue |
---|
1335 | 1335 | | to be raised from new property added to the tax roll this year is |
---|
1336 | 1336 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1337 | 1337 | | value of new property added to the roll)."; |
---|
1338 | 1338 | | (B) "This budget will raise less revenue from |
---|
1339 | 1339 | | property taxes than last year's budget by an amount of (insert total |
---|
1340 | 1340 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1341 | 1341 | | percent decrease from last year's budget. The property tax revenue |
---|
1342 | 1342 | | to be raised from new property added to the tax roll this year is |
---|
1343 | 1343 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1344 | 1344 | | value of new property added to the roll)."; or |
---|
1345 | 1345 | | (C) "This budget will raise the same amount of |
---|
1346 | 1346 | | revenue from property taxes as last year's budget. The property tax |
---|
1347 | 1347 | | revenue to be raised from new property added to the tax roll this |
---|
1348 | 1348 | | year is (insert amount computed by multiplying the proposed tax |
---|
1349 | 1349 | | rate by the value of new property added to the roll)."; |
---|
1350 | 1350 | | (2) the record vote of each member of the |
---|
1351 | 1351 | | commissioners court by name voting on the adoption of the budget; |
---|
1352 | 1352 | | (3) the county property tax rates for the preceding |
---|
1353 | 1353 | | fiscal year, and each county property tax rate that has been adopted |
---|
1354 | 1354 | | or calculated for the current fiscal year, including: |
---|
1355 | 1355 | | (A) the property tax rate; |
---|
1356 | 1356 | | (B) the no-new-taxes [effective] tax rate; |
---|
1357 | 1357 | | (C) the no-new-taxes [effective] maintenance and |
---|
1358 | 1358 | | operations tax rate; |
---|
1359 | 1359 | | (D) the rollback tax rate; and |
---|
1360 | 1360 | | (E) the debt rate; and |
---|
1361 | 1361 | | (4) the total amount of county debt obligations. |
---|
1362 | 1362 | | SECTION 32. Sections 140.010(a), (d), and (e), Local |
---|
1363 | 1363 | | Government Code, are amended to read as follows: |
---|
1364 | 1364 | | (a) In this section, "no-new-taxes ["effective] tax rate" |
---|
1365 | 1365 | | and "rollback tax rate" mean the no-new-taxes [effective] tax rate |
---|
1366 | 1366 | | and rollback tax rate of a county or municipality, as applicable, as |
---|
1367 | 1367 | | calculated under Chapter 26, Tax Code. |
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1368 | 1368 | | (d) A county or municipality that proposes a property tax |
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1369 | 1369 | | rate that does not exceed the lower of the no-new-taxes [effective] |
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1370 | 1370 | | tax rate or the rollback tax rate shall provide the following |
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1371 | 1371 | | notice: |
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1372 | 1372 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
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1373 | 1373 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
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1374 | 1374 | | "A tax rate of $______ per $100 valuation has been proposed by the |
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1375 | 1375 | | governing body of (insert name of county or municipality). |
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1376 | 1376 | | PROPOSED TAX RATE $______ per $100 |
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1377 | 1377 | | PRECEDING YEAR'S TAX RATE $______ per $100 |
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1378 | 1378 | | NO-NEW-TAXES [EFFECTIVE TAX] RATE $______ per $100 |
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1379 | 1379 | | "The no-new-taxes [effective tax] rate is the total tax rate needed |
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1380 | 1380 | | to raise the same amount of property tax revenue for (insert name of |
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1381 | 1381 | | county or municipality) from the same properties in both the |
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1382 | 1382 | | (insert preceding tax year) tax year and the (insert current tax |
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1383 | 1383 | | year) tax year. |
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1384 | 1384 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
1385 | 1385 | | FOLLOWS: |
---|
1386 | 1386 | | property tax amount = (rate) x (taxable value of your property) / |
---|
1387 | 1387 | | 100 |
---|
1388 | 1388 | | "For assistance or detailed information about tax calculations, |
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1389 | 1389 | | please contact: |
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1390 | 1390 | | (insert name of county or municipal tax assessor-collector) |
---|
1391 | 1391 | | (insert name of county or municipality) tax |
---|
1392 | 1392 | | assessor-collector |
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1393 | 1393 | | (insert address) |
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1394 | 1394 | | (insert telephone number) |
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1395 | 1395 | | (insert e-mail address) |
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1396 | 1396 | | (insert Internet website address[, if applicable])" |
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1397 | 1397 | | (e) A county or municipality that proposes a property tax |
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1398 | 1398 | | rate that exceeds the lower of the no-new-taxes [effective] tax |
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1399 | 1399 | | rate or the rollback tax rate shall provide the following notice: |
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1400 | 1400 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
---|
1401 | 1401 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
---|
1402 | 1402 | | "A tax rate of $_____ per $100 valuation has been proposed for |
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1403 | 1403 | | adoption by the governing body of (insert name of county or |
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1404 | 1404 | | municipality). This rate exceeds the lower of the no-new-taxes |
---|
1405 | 1405 | | [effective] or rollback tax rate, and state law requires that two |
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1406 | 1406 | | public hearings be held by the governing body before adopting the |
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1407 | 1407 | | proposed tax rate. The governing body of (insert name of county or |
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1408 | 1408 | | municipality) proposes to use revenue attributable to the tax rate |
---|
1409 | 1409 | | increase for the purpose of (description of purpose of increase). |
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1410 | 1410 | | PROPOSED TAX RATE $______ per $100 |
---|
1411 | 1411 | | PRECEDING YEAR'S TAX RATE $______ per $100 |
---|
1412 | 1412 | | NO-NEW-TAXES [EFFECTIVE TAX] RATE $______ per $100 |
---|
1413 | 1413 | | ROLLBACK TAX RATE $______ per $100 |
---|
1414 | 1414 | | "The no-new-taxes [effective tax] rate is the total tax rate needed |
---|
1415 | 1415 | | to raise the same amount of property tax revenue for (insert name of |
---|
1416 | 1416 | | county or municipality) from the same properties in both the |
---|
1417 | 1417 | | (insert preceding tax year) tax year and the (insert current tax |
---|
1418 | 1418 | | year) tax year. |
---|
1419 | 1419 | | "The rollback tax rate is the highest tax rate that (insert name of |
---|
1420 | 1420 | | county or municipality) may adopt before voters are entitled to |
---|
1421 | 1421 | | petition for an election to limit the rate that may be approved to |
---|
1422 | 1422 | | the rollback rate. |
---|
1423 | 1423 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
1424 | 1424 | | FOLLOWS: |
---|
1425 | 1425 | | property tax amount = (rate) x (taxable value of your property) / |
---|
1426 | 1426 | | 100 |
---|
1427 | 1427 | | "For assistance or detailed information about tax calculations, |
---|
1428 | 1428 | | please contact: |
---|
1429 | 1429 | | (insert name of county or municipal tax assessor-collector) |
---|
1430 | 1430 | | (insert name of county or municipality) tax |
---|
1431 | 1431 | | assessor-collector |
---|
1432 | 1432 | | (insert address) |
---|
1433 | 1433 | | (insert telephone number) |
---|
1434 | 1434 | | (insert e-mail address) |
---|
1435 | 1435 | | (insert Internet website address[, if applicable]) |
---|
1436 | 1436 | | "You are urged to attend and express your views at the following |
---|
1437 | 1437 | | public hearings on the proposed tax rate: |
---|
1438 | 1438 | | First Hearing: (insert date and time) at (insert location of |
---|
1439 | 1439 | | meeting). |
---|
1440 | 1440 | | Second Hearing: (insert date and time) at (insert location |
---|
1441 | 1441 | | of meeting)." |
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1442 | 1442 | | SECTION 33. The following provisions are repealed: |
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1443 | 1443 | | (1) Section 26.03, Tax Code; |
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1444 | 1444 | | (2) Sections 26.041(a), (b), (c), and (e), Tax Code; |
---|
1445 | 1445 | | and |
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1446 | 1446 | | (3) Section 26.045, Tax Code. |
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1447 | 1447 | | SECTION 34. (a) Not later than September 1, 2019, the |
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1448 | 1448 | | comptroller shall appoint the members of an advisory group to |
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1449 | 1449 | | provide to the comptroller advice and assistance regarding the |
---|
1450 | 1450 | | creation and operation of the property tax database required by |
---|
1451 | 1451 | | Section 5.092, Tax Code, as added by this Act, and related matters. |
---|
1452 | 1452 | | The advisory group is composed of 13 members as follows: |
---|
1453 | 1453 | | (1) one person who is an employee of the office of the |
---|
1454 | 1454 | | lieutenant governor; |
---|
1455 | 1455 | | (2) one person who is an employee of the office of the |
---|
1456 | 1456 | | speaker of the house of representatives; |
---|
1457 | 1457 | | (3) four persons who are county tax |
---|
1458 | 1458 | | assessor-collectors; |
---|
1459 | 1459 | | (4) two persons who are assessors or collectors for |
---|
1460 | 1460 | | taxing units but are not county tax assessor-collectors; |
---|
1461 | 1461 | | (5) two persons who are chief appraisers of appraisal |
---|
1462 | 1462 | | districts; |
---|
1463 | 1463 | | (6) one person who is a financial officer or auditor of |
---|
1464 | 1464 | | a municipality; |
---|
1465 | 1465 | | (7) one person who is a financial officer or auditor of |
---|
1466 | 1466 | | a county; and |
---|
1467 | 1467 | | (8) one person who is a representative of water |
---|
1468 | 1468 | | districts. |
---|
1469 | 1469 | | (b) The advisory group is abolished and this section expires |
---|
1470 | 1470 | | December 31, 2021. |
---|
1471 | 1471 | | SECTION 35. The comptroller shall comply with Sections |
---|
1472 | 1472 | | 5.07(f) and 5.092, Tax Code, as added by this Act, not later than |
---|
1473 | 1473 | | June 1, 2020. |
---|
1474 | 1474 | | SECTION 36. (a) Except as provided by Subsections (b), (c), |
---|
1475 | 1475 | | and (d) of this section, this Act takes effect January 1, 2018. |
---|
1476 | 1476 | | (b) The following provisions take effect December 1, 2017: |
---|
1477 | 1477 | | (1) Section 5.091, Tax Code, as amended by this Act; |
---|
1478 | 1478 | | (2) Section 34 of this Act; and |
---|
1479 | 1479 | | (3) Section 26.065(b), Tax Code, as amended by this |
---|
1480 | 1480 | | Act. |
---|
1481 | 1481 | | (c) The following provisions take effect September 1, 2019: |
---|
1482 | 1482 | | (1) Section 5.07(f), Tax Code, as added by this Act; |
---|
1483 | 1483 | | and |
---|
1484 | 1484 | | (2) Section 5.092, Tax Code, as added by this Act. |
---|
1485 | 1485 | | (d) The following provisions take effect January 1, 2020: |
---|
1486 | 1486 | | (1) Sections 25.19(b) and (i), Tax Code, as amended by |
---|
1487 | 1487 | | this Act; |
---|
1488 | 1488 | | (2) Sections 26.04(d-1) and (e-2), Tax Code, as added |
---|
1489 | 1489 | | by this Act; |
---|
1490 | 1490 | | (3) Section 26.04(g), Tax Code, as amended by this |
---|
1491 | 1491 | | Act; and |
---|
1492 | 1492 | | (4) Sections 26.05(d-1) and (d-2), Tax Code, as added |
---|
1493 | 1493 | | by this Act. |
---|