Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB93 Compare Versions

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11 85S11047 SMH-F
22 By: Bettencourt S.B. No. 93
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to ad valorem taxation.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 5.07, Tax Code, is amended by adding
1010 Subsection (f) to read as follows:
1111 (f) The comptroller shall prescribe the form of the
1212 worksheets to be used by the designated officer or employee of each
1313 taxing unit in calculating the no-new-taxes tax rate and rollback
1414 tax rate for the unit as required by Chapter 26. The form must be in
1515 an electronic format and be capable of:
1616 (1) being completed electronically;
1717 (2) performing calculations automatically based on
1818 the data entered by the designated officer or employee;
1919 (3) being certified by the designated officer or
2020 employee after completion; and
2121 (4) being submitted electronically to the comptroller
2222 on completion and certification.
2323 SECTION 2. Section 5.091, Tax Code, is amended to read as
2424 follows:
2525 Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the
2626 comptroller shall prepare a list that includes the total tax rate
2727 imposed by each taxing unit in this state[, other than a school
2828 district, if the tax rate is reported to the comptroller,] for the
2929 year [preceding the year] in which the list is prepared. The
3030 comptroller shall list the tax rates alphabetically according to:
3131 (1) the county or counties in which each taxing unit is
3232 located; and
3333 (2) the name of each taxing unit [in descending
3434 order].
3535 (b) Not later than January 1 [December 31] of the following
3636 [each] year, the comptroller shall publish on the comptroller's
3737 Internet website the list required by Subsection (a).
3838 SECTION 3. Chapter 5, Tax Code, is amended by adding Section
3939 5.092 to read as follows:
4040 Sec. 5.092. STATEWIDE DATABASE OF OTHER PROPERTY TAX
4141 RELATED INFORMATION. (a) The comptroller shall create and
4242 maintain a property tax database that:
4343 (1) contains information that is provided by
4444 designated officers or employees of taxing units in the manner
4545 required by the comptroller;
4646 (2) is continuously updated as preliminary and revised
4747 data become available to and are provided by the designated
4848 officers or employees of taxing units;
4949 (3) is accessible to the public; and
5050 (4) is searchable by property address.
5151 (b) The database must include, with respect to each property
5252 listed on an appraisal roll:
5353 (1) the property's identification number;
5454 (2) the property's market value;
5555 (3) the property's taxable value;
5656 (4) the name of each taxing unit in which the property
5757 is located;
5858 (5) for each taxing unit other than a school district
5959 in which the property is located:
6060 (A) the no-new-taxes tax rate; and
6161 (B) the rollback tax rate;
6262 (6) for each school district in which the property is
6363 located:
6464 (A) the rate to maintain the same amount of state
6565 and local revenue per weighted student that the district received
6666 in the school year beginning in the preceding tax year; and
6767 (B) the rollback tax rate;
6868 (7) the tax rate proposed by the governing body of each
6969 taxing unit in which the property is located;
7070 (8) for each taxing unit other than a school district
7171 in which the property is located, the taxes that would be imposed on
7272 the property if the unit adopted a tax rate equal to:
7373 (A) the no-new-taxes tax rate; and
7474 (B) the proposed tax rate;
7575 (9) for each school district in which the property is
7676 located, the taxes that would be imposed on the property if the unit
7777 adopted a tax rate equal to:
7878 (A) the rate to maintain the same amount of state
7979 and local revenue per weighted student that the district received
8080 in the school year beginning in the preceding tax year; and
8181 (B) the proposed tax rate;
8282 (10) for each taxing unit other than a school district
8383 in which the property is located, the difference between the amount
8484 calculated under Subdivision (8)(A) and the amount calculated under
8585 Subdivision (8)(B);
8686 (11) for each school district in which the property is
8787 located, the difference between the amount calculated under
8888 Subdivision (9)(A) and the amount calculated under Subdivision
8989 (9)(B);
9090 (12) the date and location of each public hearing, if
9191 applicable, on the proposed tax rate to be held by the governing
9292 body of each taxing unit in which the property is located; and
9393 (13) the date and location of the public meeting in
9494 which the tax rate will be adopted to be held by the governing body
9595 of each taxing unit in which the property is located.
9696 (c) The officer or employee designated by the governing body
9797 of each taxing unit to calculate the no-new-taxes tax rate and the
9898 rollback tax rate for the unit must electronically submit to the
9999 comptroller:
100100 (1) the information described by Subsection (b) as the
101101 information becomes available; and
102102 (2) the worksheets prepared under Section 26.04(d-1)
103103 at the same time the officer or employee submits the tax rates to
104104 the governing body of the unit under Section 26.04(e).
105105 (d) The comptroller shall deliver by e-mail to the
106106 designated officer or employee confirmation of receipt of the
107107 worksheets submitted under Subsection (c)(2). The comptroller
108108 shall incorporate the worksheets into the database and make them
109109 available to the public not later than the third day after the date
110110 the comptroller receives them.
111111 SECTION 4. Sections 25.19(b) and (i), Tax Code, are amended
112112 to read as follows:
113113 (b) The chief appraiser shall separate real from personal
114114 property and include in the notice for each:
115115 (1) a list of the taxing units in which the property is
116116 taxable;
117117 (2) the appraised value of the property in the
118118 preceding year;
119119 (3) the taxable value of the property in the preceding
120120 year for each taxing unit taxing the property;
121121 (4) the appraised value of the property for the
122122 current year, the kind and amount of each exemption and partial
123123 exemption, if any, approved for the property for the current year
124124 and for the preceding year, and, if an exemption or partial
125125 exemption that was approved for the preceding year was canceled or
126126 reduced for the current year, the amount of the exemption or partial
127127 exemption canceled or reduced;
128128 (5) [if the appraised value is greater than it was in
129129 the preceding year, the amount of tax that would be imposed on the
130130 property on the basis of the tax rate for the preceding year;
131131 [(6)] in italic typeface, the following statement:
132132 "The Texas Legislature does not set the amount of your local taxes.
133133 Your property tax burden is decided by your locally elected
134134 officials, and all inquiries concerning your taxes should be
135135 directed to those officials";
136136 (6) [(7)] a detailed explanation of the time and
137137 procedure for protesting the value;
138138 (7) [(8)] the date and place the appraisal review
139139 board will begin hearing protests; and
140140 (8) [(9)] a brief explanation that the governing body
141141 of each taxing unit decides whether or not taxes on the property
142142 will increase and the appraisal district only determines the value
143143 of the property.
144144 (i) Delivery with a notice required by Subsection (a) or (g)
145145 of a copy of the pamphlet published by the comptroller under Section
146146 5.06 or a copy of the notice published by the chief appraiser under
147147 Section 41.70 is sufficient to comply with the requirement that the
148148 notice include the information specified by Subsection (b)(6)
149149 [(b)(7)] or (g)(3), as applicable.
150150 SECTION 5. Sections 26.01(c) and (d), Tax Code, are amended
151151 to read as follows:
152152 (c) The chief appraiser shall prepare and certify to the
153153 assessor for each taxing unit a listing of those properties which
154154 are taxable by that unit but which are under protest and therefore
155155 not included on the appraisal roll approved by the appraisal review
156156 board and certified by the chief appraiser. This listing shall
157157 include the appraised market value, productivity value (if
158158 applicable), and taxable value as determined by the appraisal
159159 district and shall also include the market value, taxable value,
160160 and productivity value (if applicable) as claimed by the property
161161 owner filing the protest if available. If the property owner does
162162 not claim a value and the appraised value of the property in the
163163 current year is equal to or less than its value in the preceding
164164 year, the listing shall include a reasonable estimate of the market
165165 value, taxable value, and productivity value (if applicable) that
166166 would be assigned to the property if the taxpayer's claim is upheld.
167167 If the property owner does not claim a value and the appraised value
168168 of the property is higher than its appraised value in the preceding
169169 year, the listing shall include the appraised market value,
170170 productivity value (if applicable) and taxable value of the
171171 property in the preceding year, except that if there is a reasonable
172172 likelihood that the appraisal review board will approve a lower
173173 appraised value for the property than its appraised value in the
174174 preceding year, the chief appraiser shall make a reasonable
175175 estimate of the taxable value that would be assigned to the property
176176 if the property owner's claim is upheld. A school district [The
177177 taxing unit] shall use the lower value for calculations as
178178 prescribed in Section [Sections] 26.04 [and 26.041 of this code].
179179 (d) The chief appraiser shall prepare and certify to the
180180 assessor for each taxing unit a list of those properties of which
181181 the chief appraiser has knowledge that are reasonably likely to be
182182 taxable by that unit but that are not included on the appraisal roll
183183 certified to the assessor under Subsection (a) or included on the
184184 listing certified to the assessor under Subsection (c). The chief
185185 appraiser shall include on the list for each property the market
186186 value, appraised value, and kind and amount of any partial
187187 exemptions as determined by the appraisal district for the
188188 preceding year and a reasonable estimate of the market value,
189189 appraised value, and kind and amount of any partial exemptions for
190190 the current year. Until the property is added to the appraisal
191191 roll, the assessor for the taxing unit shall include each property
192192 on the list in the calculations prescribed by Section [Sections]
193193 26.04 [and 26.041], and, in the case of the assessor for a school
194194 district, shall for that purpose [shall] use the lower market
195195 value, appraised value, or taxable value, as appropriate, included
196196 on or computed using the information included on the list for the
197197 property.
198198 SECTION 6. Section 26.012(7), Tax Code, is amended to read
199199 as follows:
200200 (7) "Debt" means a bond, warrant, certificate of
201201 obligation, or other evidence of indebtedness owed by a taxing unit
202202 that has been approved at an election and is payable solely from
203203 property taxes in installments over a period of more than one year,
204204 not budgeted for payment from maintenance and operations funds, and
205205 secured by a pledge of property taxes, or a payment made under
206206 contract to secure indebtedness of a similar nature issued by
207207 another political subdivision on behalf of the taxing unit.
208208 SECTION 7. Section 26.012(9), Tax Code, is redesignated as
209209 Section 26.012(18), Tax Code, and amended to read as follows:
210210 (18) "No-new-taxes [(9) "Effective] maintenance and
211211 operations rate" means a rate expressed in dollars per $100 of
212212 taxable value and calculated according to the following formula:
213213 NO-NEW-TAXES [EFFECTIVE] MAINTENANCE AND OPERATIONS
214214 RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST
215215 YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE -
216216 NEW PROPERTY VALUE)
217217 SECTION 8. Chapter 26, Tax Code, is amended by adding
218218 Section 26.035 to read as follows:
219219 Sec. 26.035. CALCULATION OF NO-NEW-TAXES AND ROLLBACK TAX
220220 RATES OF TAXING UNIT OTHER THAN SCHOOL DISTRICT. (a) This section
221221 does not apply to a school district.
222222 (b) Notwithstanding Section 26.012, in this section:
223223 (1) "Actual collection rate" means the amount computed
224224 by dividing the total amount of taxes, including delinquent taxes
225225 and any penalties and interest on those taxes, collected between
226226 July 1 of a tax year and June 30 of the following tax year by the
227227 total amount of taxes levied in the tax year, expressed as a
228228 percentage. If the actual collection rate exceeds 100 percent, the
229229 rate may not be reduced to 100 percent.
230230 (2) "Adjustment for additional sales tax" means the
231231 rate expressed in dollars per $100 of taxable value computed by
232232 dividing the amount of additional sales and use tax revenue for the
233233 current tax year as determined under Section 26.041 by the current
234234 year total taxable value for rollback calculation.
235235 (3) "Adjustment for indigent health care" means the
236236 rate determined under Section 26.0441.
237237 (4) "Adjustment for state criminal justice mandate"
238238 means the rate determined under Section 26.044.
239239 (5) "Average collection rate" means the average of the
240240 actual collection rates for a taxing unit for the preceding three
241241 tax years.
242242 (6) "Current year debt rate" means a rate expressed in
243243 dollars per $100 of taxable value computed by:
244244 (A) adding debt service and excess collections;
245245 (B) multiplying the amount computed under
246246 Paragraph (A) by the average collection rate; and
247247 (C) dividing the amount computed under Paragraph
248248 (B) by the current year total taxable value for rollback
249249 calculation.
250250 (7) "Current year taxable value of homesteads subject
251251 to tax limitation" in the case of a county, municipality, or junior
252252 college district means the taxable value of residence homesteads
253253 that qualify for a limitation on taxes imposed by the county,
254254 municipality, or junior college district as provided by Section
255255 11.261 for the current tax year.
256256 (8) "Current year taxable value of new improvements"
257257 means the amount computed by adding:
258258 (A) the taxable value of new improvements to real
259259 property that were not on the appraisal roll for the preceding tax
260260 year; and
261261 (B) the difference between the taxable value of
262262 real property that is fully taxable in the current tax year but was
263263 not taxable wholly or partly in the preceding tax year because the
264264 real property was subject to a tax abatement agreement and the
265265 taxable value of the real property in the preceding tax year.
266266 (9) "Current year taxable value of property annexed"
267267 means the taxable value of real property and personal property
268268 located in territory annexed to a taxing unit after January 1 of the
269269 preceding tax year.
270270 (10) "Current year total taxable value" means the
271271 amount computed by adding the following applicable amounts:
272272 (A) the total taxable value of property listed on
273273 the certified appraisal roll for the current tax year, including
274274 all appraisal roll supplements and corrections, as of the date of
275275 the calculation;
276276 (B) the taxable value of properties under protest
277277 that are included on the list prepared by the chief appraiser under
278278 Section 26.01(c);
279279 (C) the taxable value of properties known to the
280280 chief appraiser that are included on the list prepared by the chief
281281 appraiser under Section 26.01(d); and
282282 (D) in the case of a county, the county's
283283 apportioned amount of the market value of rolling stock certified
284284 to the county assessor-collector by the comptroller under Section
285285 24.38.
286286 (11) "Current year total taxable value for rollback
287287 calculation" means the difference between the current year total
288288 taxable value and the current year taxable value of homesteads
289289 subject to tax limitation.
290290 (12) "No-new-taxes maintenance and operations rate"
291291 means a rate expressed in dollars per $100 of taxable value computed
292292 by:
293293 (A) dividing the maintenance and operations tax
294294 rate for the preceding tax year by the adopted tax rate for the
295295 preceding tax year; and
296296 (B) multiplying the amount computed under
297297 Paragraph (A) by the no-new-taxes tax rate for the current tax year.
298298 (13) "Preceding year taxable value in excess of new
299299 special appraisal" means, for real property that has qualified for
300300 special appraisal under Chapter 23 for the first time in the current
301301 tax year, the difference between the taxable value of the property
302302 in the preceding tax year and the taxable value of the property in
303303 the current tax year.
304304 (14) "Preceding year taxable value of homesteads
305305 subject to tax limitation" means, for a county, municipality, or
306306 junior college district, the taxable value of residence homesteads
307307 that qualified for a limitation on taxes imposed by the county,
308308 municipality, or junior college district as provided by Section
309309 11.261 for the preceding tax year.
310310 (15) "Preceding year taxable value of newly exempt
311311 real property" means the amount computed by adding:
312312 (A) in the case of real property that is wholly
313313 exempt from taxation for the first time in the current tax year, the
314314 taxable value of the real property in the preceding tax year; and
315315 (B) in the case of real property that is
316316 partially exempt from taxation in the current tax year, the
317317 difference between the amount of the value of the property that is
318318 exempt from taxation in the current tax year and the amount of the
319319 value of the property that was exempt from taxation in the preceding
320320 tax year.
321321 (16) "Preceding year taxable value of property
322322 disannexed" means the taxable value of property that was taxable in
323323 the preceding tax year but is not taxable in the current tax year
324324 because the property is located in territory that ceased to be a
325325 part of the taxing unit after January 1 of the preceding tax year.
326326 (17) "Preceding year total taxable value" means the
327327 total taxable value of property listed on the certified appraisal
328328 roll for the preceding tax year, including all appraisal roll
329329 supplements and corrections, as of the date of the calculation.
330330 Appraisal roll corrections include any adjustments to taxable value
331331 resulting from final court decisions regardless of whether the
332332 appraisal roll has been corrected under Section 42.41 as of the date
333333 of the calculation.
334334 (18) "Tax levy, adjusted for lost value," means the
335335 amount computed by:
336336 (A) subtracting from the preceding year total
337337 taxable value the sum of the following amounts:
338338 (i) the preceding year taxable value of
339339 homesteads subject to tax limitation;
340340 (ii) the preceding year taxable value of
341341 property disannexed;
342342 (iii) the preceding year taxable value of
343343 newly exempt real property; and
344344 (iv) the preceding year taxable value in
345345 excess of new special appraisal;
346346 (B) dividing the amount computed under Paragraph
347347 (A) by 100; and
348348 (C) multiplying the amount computed under
349349 Paragraph (B) by the tax rate for the preceding tax year.
350350 (19) "Taxable value, adjusted for new value," means
351351 the amount computed by subtracting from the current year total
352352 taxable value the sum of the following amounts:
353353 (A) the current year taxable value of homesteads
354354 subject to tax limitation;
355355 (B) the current year taxable value of property
356356 annexed; and
357357 (C) the current year taxable value of new
358358 improvements.
359359 (c) For purposes of Subsection (b)(10)(A), appraisal roll
360360 corrections include any adjustments to taxable value resulting from
361361 final court decisions, regardless of whether the appraisal roll has
362362 been corrected under Section 42.41 as of the date of the
363363 calculation.
364364 (d) For purposes of Subsections (b)(10)(B) and (C), the
365365 taxable value of property means the taxable value of the property as
366366 determined by the appraisal district rather than the value as
367367 claimed by the property owner or estimated by the chief appraiser.
368368 (e) The no-new-taxes tax rate of a taxing unit is the rate
369369 expressed in dollars per $100 of taxable value computed by dividing
370370 the tax levy, adjusted for lost value, by the taxable value,
371371 adjusted for new value.
372372 (f) The rollback tax rate of a taxing unit is the rate
373373 expressed in dollars per $100 of taxable value computed by:
374374 (1) adding the following rates:
375375 (A) the product of the no-new-taxes maintenance
376376 and operations rate and 1.05;
377377 (B) the current year debt rate;
378378 (C) the adjustment for state criminal justice
379379 mandate; and
380380 (D) the adjustment for indigent health care; and
381381 (2) subtracting from the rate computed under
382382 Subdivision (1) the adjustment for additional sales tax.
383383 SECTION 9. The heading to Section 26.04, Tax Code, is
384384 amended to read as follows:
385385 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
386386 NO-NEW-TAXES [EFFECTIVE] AND ROLLBACK TAX RATES.
387387 SECTION 10. Section 26.04, Tax Code, is amended by amending
388388 Subsections (c), (d), (e), (f), (g), (i), and (j) and adding
389389 Subsections (d-1) and (e-2) to read as follows:
390390 (c) An officer or employee designated by the governing body
391391 shall calculate the no-new-taxes [effective] tax rate and the
392392 rollback tax rate for the unit, where:
393393 (1) "No-new-taxes tax rate" means:
394394 (A) for a taxing unit other than a school
395395 district, the no-new-taxes tax rate calculated under Section
396396 26.035; and
397397 (B) for a school district, ["Effective tax rate"
398398 means] a rate expressed in dollars per $100 of taxable value
399399 calculated according to the following formula:
400400 NO-NEW-TAXES [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY -
401401 LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
402402 PROPERTY VALUE)
403403 ; and
404404 (2) "Rollback tax rate" means:
405405 (A) for a taxing unit other than a school
406406 district, the rollback tax rate calculated under Section 26.035;
407407 and
408408 (B) for a school district, the rate calculated
409409 under Section 26.08. [a rate expressed in dollars per $100 of
410410 taxable value calculated according to the following formula:
411411 [ROLLBACK TAX RATE = (EFFECTIVE MAINTENANCE AND OPERATIONS
412412 RATE x 1.08) + CURRENT DEBT RATE]
413413 (d) The no-new-taxes [effective] tax rate for a county is
414414 the sum of the no-new-taxes [effective] tax rates calculated for
415415 each type of tax the county levies and the rollback tax rate for a
416416 county is the sum of the rollback tax rates calculated for each type
417417 of tax the county levies.
418418 (d-1) The designated officer or employee shall calculate
419419 the no-new-taxes tax rate and the rollback tax rate for the taxing
420420 unit using the forms prescribed by the comptroller under Section
421421 5.07(f).
422422 (e) By August 7 or as soon thereafter as practicable, the
423423 designated officer or employee shall submit the rates to the
424424 governing body. The designated officer or employee [He] shall
425425 deliver by mail to each property owner in the unit or publish in a
426426 newspaper in the form prescribed by the comptroller:
427427 (1) the no-new-taxes [effective] tax rate, the
428428 rollback tax rate, and an explanation of how they were calculated;
429429 (2) the estimated amount of interest and sinking fund
430430 balances and the estimated amount of maintenance and operation or
431431 general fund balances remaining at the end of the current fiscal
432432 year that are not encumbered with or by corresponding existing debt
433433 obligation;
434434 (3) a schedule of the unit's debt obligations showing:
435435 (A) the amount of principal and interest that
436436 will be paid to service the unit's debts in the next year from
437437 property tax revenue, including payments of lawfully incurred
438438 contractual obligations providing security for the payment of the
439439 principal of and interest on bonds and other evidences of
440440 indebtedness issued on behalf of the unit by another political
441441 subdivision and, if the unit is created under Section 52, Article
442442 III, or Section 59, Article XVI, Texas Constitution, payments on
443443 debts that the unit anticipates to incur in the next calendar year;
444444 (B) the amount by which taxes imposed for debt
445445 are to be increased because of the unit's anticipated collection
446446 rate; and
447447 (C) the total of the amounts listed in Paragraphs
448448 (A)-(B), less any amount collected in excess of the previous year's
449449 anticipated collections certified as provided in Subsection (b);
450450 (4) the amount of additional sales and use tax revenue
451451 anticipated in calculations under Section 26.041;
452452 (5) a statement that the adoption of a tax rate equal
453453 to the no-new-taxes [effective] tax rate would result in an
454454 increase or decrease, as applicable, in the amount of taxes imposed
455455 by the unit as compared to last year's levy, and the amount of the
456456 increase or decrease;
457457 (6) in a [the] year in which [that] a taxing unit
458458 calculates an adjustment under Subsection (i) or (j), a schedule
459459 that includes the following elements:
460460 (A) the name of the unit discontinuing the
461461 department, function, or activity;
462462 (B) the amount of property tax revenue spent by
463463 the unit listed under Paragraph (A) to operate the discontinued
464464 department, function, or activity in the 12 months preceding the
465465 month in which the calculations required by this chapter are made;
466466 and
467467 (C) the name of the unit that operates a distinct
468468 department, function, or activity in all or a majority of the
469469 territory of a taxing unit that has discontinued operating the
470470 distinct department, function, or activity; and
471471 (7) in the year following a [the] year in which a
472472 taxing unit raised its rollback tax rate as required by Subsection
473473 (j), a schedule that includes the following elements:
474474 (A) the amount of property tax revenue spent by
475475 the unit to operate the department, function, or activity for which
476476 the taxing unit raised the rollback tax rate as required by
477477 Subsection (j) for the 12 months preceding the month in which the
478478 calculations required by this chapter are made; and
479479 (B) the amount published by the unit in the
480480 preceding tax year under Subdivision (6)(B).
481481 (e-2) By August 7 or as soon thereafter as practicable, the
482482 county assessor-collector for each county shall deliver by regular
483483 mail or e-mail to each owner of property located in the county and
484484 shall post in a conspicuous place on the home page of the Internet
485485 website of the county assessor-collector a notice that the
486486 estimated amount of taxes to be imposed on the owner's property by
487487 each taxing unit in which the property is located may be found in
488488 the property tax database maintained by the comptroller under
489489 Section 5.092. The notice must include:
490490 (1) the address of the Internet website at which the
491491 information may be found;
492492 (2) a statement that the property owner may request a
493493 written copy of the information from the assessor for each taxing
494494 unit in which the property is located; and
495495 (3) the address and telephone number of each assessor
496496 from whom the written copy may be requested.
497497 (f) If as a result of consolidation of taxing units a taxing
498498 unit includes territory that was in two or more taxing units in the
499499 preceding year, the amount of taxes imposed in each in the preceding
500500 year is combined for purposes of calculating the no-new-taxes
501501 [effective] and rollback tax rates under this section.
502502 (g) A person who owns taxable property is entitled to an
503503 injunction prohibiting the taxing unit in which the property is
504504 taxable from adopting a tax rate if the assessor or designated
505505 officer or employee of the unit, as applicable, has not complied
506506 with the computation or publication requirements of this section or
507507 Section 5.092(c) [and the failure to comply was not in good faith].
508508 (i) This subsection applies to a taxing unit that has agreed
509509 by written contract to transfer a distinct department, function, or
510510 activity to another taxing unit and discontinues operating that
511511 distinct department, function, or activity if the operation of that
512512 department, function, or activity in all or a majority of the
513513 territory of the taxing unit is continued by another existing
514514 taxing unit or by a new taxing unit. The rollback tax rate of a
515515 taxing unit to which this subsection applies in the first tax year
516516 in which a budget is adopted that does not allocate revenue to the
517517 discontinued department, function, or activity is calculated as
518518 otherwise provided by this section, except that last year's levy
519519 used to calculate the no-new-taxes [effective] maintenance and
520520 operations rate of the unit is reduced by the amount of maintenance
521521 and operations tax revenue spent by the taxing unit to operate the
522522 department, function, or activity for the 12 months preceding the
523523 month in which the calculations required by this chapter are made
524524 and in which the unit operated the discontinued department,
525525 function, or activity. If the unit did not operate that department,
526526 function, or activity for the full 12 months preceding the month in
527527 which the calculations required by this chapter are made, the unit
528528 shall reduce last year's levy used for calculating the no-new-taxes
529529 [effective] maintenance and operations rate of the unit by the
530530 amount of the revenue spent in the last full fiscal year in which
531531 the unit operated the discontinued department, function, or
532532 activity.
533533 (j) This subsection applies to a taxing unit that had agreed
534534 by written contract to accept the transfer of a distinct
535535 department, function, or activity from another taxing unit and
536536 operates a distinct department, function, or activity if the
537537 operation of a substantially similar department, function, or
538538 activity in all or a majority of the territory of the taxing unit
539539 has been discontinued by another taxing unit, including a dissolved
540540 taxing unit. The rollback tax rate of a taxing unit to which this
541541 subsection applies in the first tax year after the other taxing unit
542542 discontinued the substantially similar department, function, or
543543 activity in which a budget is adopted that allocates revenue to the
544544 department, function, or activity is calculated as otherwise
545545 provided by this section, except that last year's levy used to
546546 calculate the no-new-taxes [effective] maintenance and operations
547547 rate of the unit is increased by the amount of maintenance and
548548 operations tax revenue spent by the taxing unit that discontinued
549549 operating the substantially similar department, function, or
550550 activity to operate that department, function, or activity for the
551551 12 months preceding the month in which the calculations required by
552552 this chapter are made and in which the unit operated the
553553 discontinued department, function, or activity. If the unit did
554554 not operate the discontinued department, function, or activity for
555555 the full 12 months preceding the month in which the calculations
556556 required by this chapter are made, the unit may increase last year's
557557 levy used to calculate the no-new-taxes [effective] maintenance and
558558 operations rate by an amount not to exceed the amount of property
559559 tax revenue spent by the discontinuing unit to operate the
560560 discontinued department, function, or activity in the last full
561561 fiscal year in which the discontinuing unit operated the
562562 department, function, or activity.
563563 SECTION 11. The heading to Section 26.041, Tax Code, is
564564 amended to read as follows:
565565 Sec. 26.041. CALCULATION OF [TAX RATE OF UNIT IMPOSING]
566566 ADDITIONAL SALES AND USE TAX REVENUE.
567567 SECTION 12. Sections 26.041(d), (g), and (h), Tax Code, are
568568 amended to read as follows:
569569 (d) In order to determine the amount of additional sales and
570570 use tax revenue for the current tax year for purposes of calculating
571571 the adjustment for additional sales tax under Section 26.035 [this
572572 section], the designated officer or employee of a taxing unit shall
573573 use the sales and use tax revenue for the last preceding four
574574 quarters for which the information is available as the basis for
575575 projecting the additional sales and use tax revenue for the current
576576 tax year. If the rate of the additional sales and use tax is
577577 increased or reduced, the projection to be used for the first tax
578578 year after the effective date of the sales and use tax change shall
579579 be adjusted to exclude any revenue gained or lost because of the
580580 sales and use tax rate change. If the unit did not impose an
581581 additional sales and use tax for the last preceding four quarters,
582582 the designated officer or employee shall request the comptroller of
583583 public accounts to provide to the officer or employee a report
584584 showing the estimated amount of taxable sales and uses within the
585585 unit for the previous four quarters as compiled by the comptroller,
586586 and the comptroller shall comply with the request. The officer or
587587 employee shall prepare the estimate of the additional sales and use
588588 tax revenue for the first year of the imposition of the tax by
589589 multiplying the amount reported by the comptroller by the
590590 appropriate additional sales and use tax rate and by multiplying
591591 that product by .95.
592592 (g) If the rate of the additional sales and use tax is
593593 increased, the designated officer or employee shall make two
594594 projections, in the manner provided by Subsection (d) [of this
595595 section], of the revenue generated by the additional sales and use
596596 tax in the following year. The first projection must take into
597597 account the increase and the second projection must not take into
598598 account the increase. The officer or employee shall then subtract
599599 the amount of the result of the second projection from the amount of
600600 the result of the first projection to determine the revenue
601601 generated as a result of the increase in the additional sales and
602602 use tax rate. In the first year in which an additional sales and use
603603 tax rate is increased, the amount of additional sales and use tax
604604 revenue calculated under this section must include [effective tax
605605 rate for the unit is the effective tax rate before the increase
606606 minus a number the numerator of which is] the revenue projected to
607607 be generated as a result of the increase in the additional sales and
608608 use tax rate [, as determined under this subsection, and the
609609 denominator of which is the current total value minus the new
610610 property value].
611611 (h) If the rate of the additional sales and use tax is
612612 decreased, the designated officer or employee shall make two
613613 projections, in the manner provided by Subsection (d) [of this
614614 section], of the revenue generated by the additional sales and use
615615 tax in the following year. The first projection must take into
616616 account the decrease and the second projection must not take into
617617 account the decrease. The officer or employee shall then subtract
618618 the amount of the result of the first projection from the amount of
619619 the result of the second projection to determine the revenue lost as
620620 a result of the decrease in the additional sales and use tax rate.
621621 In the first year in which an additional sales and use tax rate is
622622 decreased, the amount of additional sales and use tax revenue
623623 calculated under this section may not include [effective tax rate
624624 for the unit is the effective tax rate before the decrease plus a
625625 number the numerator of which is] the revenue projected to be lost
626626 as a result of the decrease in the additional sales and use tax rate
627627 [, as determined under this subsection, and the denominator of
628628 which is the current total value minus the new property value].
629629 SECTION 13. The heading to Section 26.043, Tax Code, is
630630 amended to read as follows:
631631 Sec. 26.043. ROLLBACK AND NO-NEW-TAXES [EFFECTIVE] TAX
632632 RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
633633 SECTION 14. Sections 26.043(a) and (b), Tax Code, are
634634 amended to read as follows:
635635 (a) In the tax year in which a city has set an election on
636636 the question of whether to impose a local sales and use tax under
637637 Subchapter H, Chapter 453, Transportation Code, the officer or
638638 employee designated to make the calculations provided by Section
639639 26.04 may not make those calculations until the outcome of the
640640 election is determined. If the election is determined in favor of
641641 the imposition of the tax, the representative shall subtract from
642642 the city's rollback and no-new-taxes [effective] tax rates the
643643 amount that, if applied to the city's current total value, would
644644 impose an amount equal to the amount of property taxes budgeted in
645645 the current tax year to pay for expenses related to mass transit
646646 services.
647647 (b) In a tax year to which this section applies, a reference
648648 in this chapter to the city's no-new-taxes [effective] or rollback
649649 tax rate refers to that rate as adjusted under this section.
650650 SECTION 15. Section 26.044, Tax Code, is amended to read as
651651 follows:
652652 Sec. 26.044. ROLLBACK [EFFECTIVE] TAX RATE TO PAY FOR STATE
653653 CRIMINAL JUSTICE MANDATE. (a) The first time that a county adopts
654654 a tax rate after September 1, 1991, in which the state criminal
655655 justice mandate applies to the county, the adjustment for state
656656 criminal justice mandate under Section 26.035 is the rate expressed
657657 in dollars per $100 of taxable value calculated by dividing the
658658 state criminal justice mandate by the current year total taxable
659659 value for rollback calculation. [effective maintenance and
660660 operation rate for the county is increased by the rate calculated
661661 according to the following formula:
662662 [(State Criminal Justice Mandate) / (Current Total
663663 Value - New Property Value)]
664664 (b) In the second and subsequent years that a county adopts
665665 a tax rate, if the amount spent by the county for the state criminal
666666 justice mandate increased over the previous year, the adjustment
667667 for state criminal justice mandate under Section 26.035 is the rate
668668 expressed in dollars per $100 of taxable value calculated by:
669669 (1) subtracting the previous year's state criminal
670670 justice mandate from the state criminal justice mandate for the
671671 current year; and
672672 (2) dividing the amount computed under Subdivision (1)
673673 by the current year total taxable value for rollback calculation.
674674 [effective maintenance and operation rate for the county is
675675 increased by the rate calculated according to the following
676676 formula:
677677 [(This Year's State Criminal Justice Mandate -
678678 Previous Year's State Criminal Justice Mandate) /
679679 (Current Total Value - New Property Value)]
680680 (c) The county shall include a notice of the increase in the
681681 rollback tax [effective maintenance and operation] rate as a result
682682 of the adjustment for state criminal justice mandate [provided by
683683 this section], including a description and the amount of the state
684684 criminal justice mandate, in the information published under
685685 Section 26.04(e) and, if applicable, Section 26.06(b) [of this
686686 code].
687687 (d) In this section:
688688 (1) "Adjustment for state criminal justice mandate"
689689 and "current year total taxable value for rollback calculation"
690690 have the meanings assigned by Section 26.035.
691691 (2) "State[, "state] criminal justice mandate" means
692692 the amount spent by the county in the previous 12 months providing
693693 for the maintenance and operation cost of keeping inmates in
694694 county-paid facilities after they have been sentenced to the Texas
695695 Department of Criminal Justice as certified by the county auditor
696696 based on information provided by the county sheriff, minus the
697697 amount received from state revenue for reimbursement of such costs.
698698 SECTION 16. Section 26.0441, Tax Code, is amended to read as
699699 follows:
700700 Sec. 26.0441. ROLLBACK TAX RATE ADJUSTMENT FOR INDIGENT
701701 HEALTH CARE. (a) In the first tax year in which a taxing unit
702702 adopts a tax rate after January 1, 2000, and in which the enhanced
703703 minimum eligibility standards for indigent health care established
704704 under Section 61.006, Health and Safety Code, apply to the taxing
705705 unit, the adjustment for indigent health care under Section 26.035
706706 is the rate expressed in dollars per $100 of taxable value
707707 calculated by dividing the enhanced indigent health care
708708 expenditures by the current year total taxable value for rollback
709709 calculation. [effective maintenance and operations rate for the
710710 taxing unit is increased by the rate computed according to the
711711 following formula:
712712 [Amount of Increase = Enhanced Indigent Health Care
713713 Expenditures / (Current Total Value - New Property
714714 Value)]
715715 (b) In each subsequent tax year, if the taxing unit's
716716 enhanced indigent health care expenses exceed the amount of those
717717 expenses for the preceding year, the adjustment for indigent health
718718 care under Section 26.035 is the rate expressed in dollars per $100
719719 of taxable value calculated by:
720720 (1) subtracting the preceding tax year's enhanced
721721 indigent health care expenditures from the current tax year's
722722 enhanced indigent health care expenditures; and
723723 (2) dividing the amount computed under Subdivision (1)
724724 by the current year total taxable value for rollback calculation.
725725 [effective maintenance and operations rate for the taxing unit is
726726 increased by the rate computed according to the following formula:
727727 [Amount of Increase = (Current Tax Year's Enhanced
728728 Indigent Health Care Expenditures - Preceding Tax
729729 Year's Indigent Health Care Expenditures) / (Current
730730 Total Value - New Property Value)]
731731 (c) The taxing unit shall include a notice of the increase
732732 in its rollback tax [effective maintenance and operations] rate as
733733 a result of the adjustment for indigent health care [provided by
734734 this section], including a brief description and the amount of the
735735 enhanced indigent health care expenditures, in the information
736736 published under Section 26.04(e) and, if applicable, Section
737737 26.06(b).
738738 (d) In this section:
739739 (1) "Adjustment for indigent health care" and "current
740740 year total taxable value for rollback calculation" have the
741741 meanings assigned by Section 26.035.
742742 (2) "Enhanced[, "enhanced] indigent health care
743743 expenditures" for a tax year means the amount spent by the taxing
744744 unit for the maintenance and operation costs of providing indigent
745745 health care at the increased minimum eligibility standards
746746 established under Section 61.006, Health and Safety Code, effective
747747 on or after January 1, 2000, in the period beginning on July 1 of the
748748 year preceding the tax year for which the tax is adopted and ending
749749 on June 30 of the tax year for which the tax is adopted, less the
750750 amount of state assistance received by the taxing unit in
751751 accordance with Chapter 61, Health and Safety Code, that is
752752 attributable to those costs.
753753 SECTION 17. Section 26.05, Tax Code, is amended by adding
754754 Subsections (a-1), (d-1), (d-2), (e-1), and (e-2) and amending
755755 Subsections (b), (c), (d), and (g) to read as follows:
756756 (a-1) This subsection applies only to a taxing unit that
757757 imposes an additional sales and use tax. For purposes of Subsection
758758 (a)(2), the amount needed to fund maintenance and operation
759759 expenditures of the taxing unit for the next year is reduced by the
760760 amount, if any, by which the amount of additional sales and use tax
761761 revenue that will be generated by the additional sales and use tax
762762 in the current tax year as calculated under Section 26.041 exceeds
763763 the amount published under Section 26.04(e)(3)(C).
764764 (b) A taxing unit may not impose property taxes in any year
765765 until the governing body has adopted a tax rate for that year, and
766766 the annual tax rate must be set by ordinance, resolution, or order,
767767 depending on the method prescribed by law for adoption of a law by
768768 the governing body. The vote on the ordinance, resolution, or order
769769 setting the tax rate must be separate from the vote adopting the
770770 budget. For a taxing unit other than a school district, the vote on
771771 the ordinance, resolution, or order setting a tax rate that exceeds
772772 the no-new-taxes [effective] tax rate must be a record vote, and at
773773 least 60 percent of the members of the governing body must vote in
774774 favor of the ordinance, resolution, or order. For a school
775775 district, the vote on the ordinance, resolution, or order setting a
776776 tax rate that exceeds the sum of the no-new-taxes [effective]
777777 maintenance and operations tax rate of the district as determined
778778 under Section 26.08(i) and the district's current debt rate must be
779779 a record vote, and at least 60 percent of the members of the
780780 governing body must vote in favor of the ordinance, resolution, or
781781 order. A motion to adopt an ordinance, resolution, or order setting
782782 a tax rate that exceeds the no-new-taxes [effective] tax rate must
783783 be made in the following form: "I move that the property tax rate be
784784 increased by the adoption of a tax rate of (specify tax rate), which
785785 is effectively a (insert percentage by which the proposed tax rate
786786 exceeds the no-new-taxes [effective] tax rate) percent increase in
787787 the tax rate." If the ordinance, resolution, or order sets a tax
788788 rate that, if applied to the total taxable value, will impose an
789789 amount of taxes to fund maintenance and operation expenditures of
790790 the taxing unit that exceeds the amount of taxes imposed for that
791791 purpose in the preceding year, the taxing unit must:
792792 (1) include in the ordinance, resolution, or order in
793793 type larger than the type used in any other portion of the document:
794794 (A) the following statement: "THIS TAX RATE WILL
795795 RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S
796796 TAX RATE."; and
797797 (B) if the tax rate exceeds the no-new-taxes
798798 [effective] maintenance and operations rate, the following
799799 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
800800 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES
801801 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
802802 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
803803 APPROXIMATELY $(Insert amount)."; and
804804 (2) include on the home page of the [any] Internet
805805 website operated by the unit:
806806 (A) the following statement: "(Insert name of
807807 unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE
808808 AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and
809809 (B) if the tax rate exceeds the no-new-taxes
810810 [effective] maintenance and operations rate, the following
811811 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
812812 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-TAXES
813813 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
814814 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
815815 APPROXIMATELY $(Insert amount)."
816816 (c) If the governing body of a taxing unit does not adopt a
817817 tax rate before the date required by Subsection (a), the tax rate
818818 for the taxing unit for that tax year is the lower of the
819819 no-new-taxes [effective] tax rate calculated for that tax year or
820820 the tax rate adopted by the taxing unit for the preceding tax year.
821821 A tax rate established by this subsection is treated as an adopted
822822 tax rate. Before the fifth day after the establishment of a tax
823823 rate by this subsection, the governing body of the taxing unit must
824824 ratify the applicable tax rate in the manner required by Subsection
825825 (b).
826826 (d) The governing body of a taxing unit other than a school
827827 district may not adopt a tax rate that exceeds the lower of the
828828 rollback tax rate or the no-new-taxes [effective] tax rate
829829 calculated as provided by this chapter until the governing body has
830830 held two public hearings on the proposed tax rate and has otherwise
831831 complied with Section 26.06 and Section 26.065. The governing body
832832 of a taxing unit shall reduce a tax rate set by law or by vote of the
833833 electorate to the lower of the rollback tax rate or the no-new-taxes
834834 [effective] tax rate and may not adopt a higher rate unless it first
835835 complies with Section 26.06.
836836 (d-1) The governing body of a taxing unit may not hold a
837837 public hearing on a proposed tax rate or a public meeting to adopt a
838838 tax rate until the 14th day after the date the officer or employee
839839 designated by the governing body of the unit to calculate the
840840 no-new-taxes tax rate and the rollback tax rate for the unit
841841 electronically submits to the comptroller the information
842842 described by Section 5.092(c).
843843 (d-2) Notwithstanding Subsection (a), the governing body of
844844 a taxing unit other than a school district may not adopt a tax rate
845845 until:
846846 (1) the comptroller has included the information for
847847 the current tax year specified by Section 5.092 in the
848848 comptroller's property tax database; and
849849 (2) the county assessor-collector for each county in
850850 which all or part of the territory of the taxing unit is located has
851851 delivered the notice required by Section 26.04(e-2).
852852 (e-1) The governing body of a taxing unit that imposes an
853853 additional sales and use tax may not adopt a tax rate until the
854854 chief financial officer or auditor for the unit submits to the
855855 governing body of the unit a written certification that:
856856 (1) the amount of additional sales and use tax revenue
857857 that will be used to pay debt service has been deducted from the
858858 total amount published under Section 26.04(e)(3)(C) as required by
859859 Subsection (a)(1) of this section; and
860860 (2) if applicable, the amount by which the amount of
861861 additional sales and use tax revenue that will be generated by the
862862 additional sales and use tax in the current tax year as calculated
863863 under Section 26.041 exceeds the amount published under Section
864864 26.04(e)(3)(C) has been deducted from the amount needed to fund
865865 maintenance and operation expenditures of the unit for the next
866866 year as required by Subsection (a-1) of this section.
867867 (e-2) The comptroller shall adopt rules governing the form
868868 of the certification required by Subsection (e-1) and the manner in
869869 which it is required to be submitted.
870870 (g) Notwithstanding Subsection (a), the governing body of a
871871 school district that elects to adopt a tax rate before the adoption
872872 of a budget for the fiscal year that begins in the current tax year
873873 may adopt a tax rate for the current tax year before receipt of the
874874 certified appraisal roll for the school district if the chief
875875 appraiser of the appraisal district in which the school district
876876 participates has certified to the assessor for the school district
877877 an estimate of the taxable value of property in the school district
878878 as provided by Section 26.01(e). If a school district adopts a tax
879879 rate under this subsection, the no-new-taxes [effective] tax rate
880880 and the rollback tax rate of the district shall be calculated based
881881 on the certified estimate of taxable value.
882882 SECTION 18. Section 26.052(e), Tax Code, is amended to read
883883 as follows:
884884 (e) Public notice provided under Subsection (c) must
885885 specify:
886886 (1) the tax rate that the governing body proposes to
887887 adopt;
888888 (2) the date, time, and location of the meeting of the
889889 governing body of the taxing unit at which the governing body will
890890 consider adopting the proposed tax rate; and
891891 (3) if the proposed tax rate for the taxing unit
892892 exceeds the unit's no-new-taxes [effective] tax rate calculated as
893893 provided by Section 26.04, a statement substantially identical to
894894 the following: "The proposed tax rate would increase total taxes in
895895 (name of taxing unit) by (percentage by which the proposed tax rate
896896 exceeds the no-new-taxes [effective] tax rate)."
897897 SECTION 19. Sections 26.06(b), (c), (d), and (e), Tax Code,
898898 are amended to read as follows:
899899 (b) The notice of a public hearing may not be smaller than
900900 one-quarter page of a standard-size or a tabloid-size newspaper,
901901 and the headline on the notice must be in 24-point or larger type.
902902 The notice must contain a statement in the following form:
903903 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
904904 "The (name of the taxing unit) will hold two public hearings
905905 on a proposal to increase total tax revenues from properties on the
906906 tax roll in the preceding tax year by (percentage by which proposed
907907 tax rate exceeds lower of rollback tax rate or no-new-taxes
908908 [effective] tax rate calculated under this chapter) percent. Your
909909 individual taxes may increase at a greater or lesser rate, or even
910910 decrease, depending on the change in the taxable value of your
911911 property in relation to the change in taxable value of all other
912912 property and the tax rate that is adopted.
913913 "The first public hearing will be held on (date and time) at
914914 (meeting place).
915915 "The second public hearing will be held on (date and time) at
916916 (meeting place).
917917 "(Names of all members of the governing body, showing how
918918 each voted on the proposal to consider the tax increase or, if one
919919 or more were absent, indicating the absences.)
920920 "The average taxable value of a residence homestead in (name
921921 of taxing unit) last year was $____ (average taxable value of a
922922 residence homestead in the taxing unit for the preceding tax year,
923923 disregarding residence homestead exemptions available only to
924924 disabled persons or persons 65 years of age or older). Based on
925925 last year's tax rate of $____ (preceding year's adopted tax rate)
926926 per $100 of taxable value, the amount of taxes imposed last year on
927927 the average home was $____ (tax on average taxable value of a
928928 residence homestead in the taxing unit for the preceding tax year,
929929 disregarding residence homestead exemptions available only to
930930 disabled persons or persons 65 years of age or older).
931931 "The average taxable value of a residence homestead in (name
932932 of taxing unit) this year is $____ (average taxable value of a
933933 residence homestead in the taxing unit for the current tax year,
934934 disregarding residence homestead exemptions available only to
935935 disabled persons or persons 65 years of age or older). If the
936936 governing body adopts the no-new-taxes [effective tax] rate for
937937 this year of $____ (no-new-taxes [effective] tax rate) per $100 of
938938 taxable value, the amount of taxes imposed this year on the average
939939 home would be $____ (tax on average taxable value of a residence
940940 homestead in the taxing unit for the current tax year, disregarding
941941 residence homestead exemptions available only to disabled persons
942942 or persons 65 years of age or older).
943943 "If the governing body adopts the proposed tax rate of $____
944944 (proposed tax rate) per $100 of taxable value, the amount of taxes
945945 imposed this year on the average home would be $____ (tax on the
946946 average taxable value of a residence in the taxing unit for the
947947 current year disregarding residence homestead exemptions available
948948 only to disabled persons or persons 65 years of age or older).
949949 "Members of the public are encouraged to attend the hearings
950950 and express their views."
951951 (c) The notice of a public hearing under this section may be
952952 delivered by mail to each property owner in the unit, or may be
953953 published in a newspaper. If the notice is published in a
954954 newspaper, it may not be in the part of the paper in which legal
955955 notices and classified advertisements appear. The [If the taxing
956956 unit operates an Internet website, the] notice must be posted on the
957957 Internet website operated by the taxing unit from the date the
958958 notice is first published until the second public hearing is
959959 concluded.
960960 (d) At the public hearings the governing body shall announce
961961 the date, time, and place of the meeting at which it will vote on the
962962 proposed tax rate. After each hearing the governing body shall give
963963 notice of the meeting at which it will vote on the proposed tax rate
964964 and the notice shall be in the same form as prescribed by
965965 Subsections (b) and (c), except that it must state the following:
966966 "NOTICE OF TAX REVENUE INCREASE
967967 "The (name of the taxing unit) conducted public hearings on
968968 (date of first hearing) and (date of second hearing) on a proposal
969969 to increase the total tax revenues of the (name of the taxing unit)
970970 from properties on the tax roll in the preceding year by (percentage
971971 by which proposed tax rate exceeds lower of rollback tax rate or
972972 no-new-taxes [effective] tax rate calculated under this chapter)
973973 percent.
974974 "The total tax revenue proposed to be raised last year at last
975975 year's tax rate of (insert tax rate for the preceding year) for each
976976 $100 of taxable value was (insert total amount of taxes imposed in
977977 the preceding year).
978978 "The total tax revenue proposed to be raised this year at the
979979 proposed tax rate of (insert proposed tax rate) for each $100 of
980980 taxable value, excluding tax revenue to be raised from new property
981981 added to the tax roll this year, is (insert amount computed by
982982 multiplying proposed tax rate by the difference between current
983983 total value and new property value).
984984 "The total tax revenue proposed to be raised this year at the
985985 proposed tax rate of (insert proposed tax rate) for each $100 of
986986 taxable value, including tax revenue to be raised from new property
987987 added to the tax roll this year, is (insert amount computed by
988988 multiplying proposed tax rate by current total value).
989989 "The (governing body of the taxing unit) is scheduled to vote
990990 on the tax rate that will result in that tax increase at a public
991991 meeting to be held on (date of meeting) at (location of meeting,
992992 including mailing address) at (time of meeting).
993993 "The (governing body of the taxing unit) proposes to use the
994994 increase in total tax revenue for the purpose of (description of
995995 purpose of increase)."
996996 (e) The meeting to vote on the tax increase may not be
997997 earlier than the third day or later than the 14th day after the date
998998 of the second public hearing. The meeting must be held inside the
999999 boundaries of the taxing unit in a publicly owned building or, if a
10001000 suitable publicly owned building is not available, in a suitable
10011001 building to which the public normally has access. If the governing
10021002 body does not adopt a tax rate that exceeds the lower of the
10031003 rollback tax rate or the no-new-taxes [effective] tax rate by the
10041004 14th day, it must give a new notice under Subsection (d) before it
10051005 may adopt a rate that exceeds the lower of the rollback tax rate or
10061006 the no-new-taxes [effective] tax rate.
10071007 SECTION 20. Section 26.065(b), Tax Code, is amended to read
10081008 as follows:
10091009 (b) The taxing [If the taxing unit owns, operates, or
10101010 controls an Internet website, the] unit shall post notice of the
10111011 public hearing on the Internet website owned, operated, or
10121012 controlled by the unit continuously for at least seven days
10131013 immediately before the public hearing on the proposed tax rate
10141014 increase and at least seven days immediately before the date of the
10151015 vote proposing the increase in the tax rate.
10161016 SECTION 21. Sections 26.08(g), (n), and (p), Tax Code, are
10171017 amended to read as follows:
10181018 (g) In a school district that received distributions from an
10191019 equalization tax imposed under former Chapter 18, Education Code,
10201020 the no-new-taxes [effective] rate of that tax as of the date of the
10211021 county unit system's abolition is added to the district's rollback
10221022 tax rate.
10231023 (n) For purposes of this section, the rollback tax rate of a
10241024 school district whose maintenance and operations tax rate for the
10251025 2005 tax year was $1.50 or less per $100 of taxable value is:
10261026 (1) for the 2006 tax year, the sum of the rate that is
10271027 equal to 88.67 percent of the maintenance and operations tax rate
10281028 adopted by the district for the 2005 tax year, the rate of $0.04 per
10291029 $100 of taxable value, and the district's current debt rate; and
10301030 (2) for the 2007 and subsequent tax years, the lesser
10311031 of the following:
10321032 (A) the sum of the following:
10331033 (i) the rate per $100 of taxable value that
10341034 is equal to the product of the state compression percentage, as
10351035 determined under Section 42.2516, Education Code, for the current
10361036 year and $1.50;
10371037 (ii) the rate of $0.04 per $100 of taxable
10381038 value;
10391039 (iii) the rate that is equal to the sum of
10401040 the differences for the 2006 and each subsequent tax year between
10411041 the adopted tax rate of the district for that year if the rate was
10421042 approved at an election under this section and the rollback tax rate
10431043 of the district for that year; and
10441044 (iv) the district's current debt rate; or
10451045 (B) the sum of the following:
10461046 (i) the no-new-taxes [effective]
10471047 maintenance and operations tax rate of the district as computed
10481048 under Subsection (i) [or (k), as applicable];
10491049 (ii) the rate per $100 of taxable value that
10501050 is equal to the product of the state compression percentage, as
10511051 determined under Section 42.2516, Education Code, for the current
10521052 year and $0.06; and
10531053 (iii) the district's current debt rate.
10541054 (p) Notwithstanding Subsections (i), (n), and (o), if for
10551055 the preceding tax year a school district adopted a maintenance and
10561056 operations tax rate that was less than the district's no-new-taxes
10571057 [effective] maintenance and operations tax rate for that preceding
10581058 tax year, the rollback tax rate of the district for the current tax
10591059 year is calculated as if the district adopted a maintenance and
10601060 operations tax rate for the preceding tax year that was equal to the
10611061 district's no-new-taxes [effective] maintenance and operations tax
10621062 rate for that preceding tax year.
10631063 SECTION 22. Section 26.08(i), Tax Code, as effective
10641064 September 1, 2017, is amended to read as follows:
10651065 (i) For purposes of this section, the no-new-taxes
10661066 [effective] maintenance and operations tax rate of a school
10671067 district is the tax rate that, applied to the current total value
10681068 for the district, would impose taxes in an amount that, when added
10691069 to state funds that would be distributed to the district under
10701070 Chapter 42, Education Code, for the school year beginning in the
10711071 current tax year using that tax rate, would provide the same amount
10721072 of state funds distributed under Chapter 42, Education Code, and
10731073 maintenance and operations taxes of the district per student in
10741074 weighted average daily attendance for that school year that would
10751075 have been available to the district in the preceding year if the
10761076 funding elements for Chapters 41 and 42, Education Code, for the
10771077 current year had been in effect for the preceding year.
10781078 SECTION 23. Section 26.16, Tax Code, is amended by amending
10791079 Subsections (a) and (d) and adding Subsection (a-1) to read as
10801080 follows:
10811081 (a) Each county shall maintain an Internet website. The
10821082 county assessor-collector for each county [that maintains an
10831083 Internet website] shall post on the Internet website maintained by
10841084 [of] the county the following information for the most recent five
10851085 tax years beginning with the 2012 tax year for each taxing unit all
10861086 or part of the territory of which is located in the county:
10871087 (1) the adopted tax rate;
10881088 (2) the maintenance and operations rate;
10891089 (3) the debt rate;
10901090 (4) the no-new-taxes [effective] tax rate;
10911091 (5) the no-new-taxes [effective] maintenance and
10921092 operations rate; and
10931093 (6) the rollback tax rate.
10941094 (a-1) For purposes of Subsection (a), a reference to the
10951095 no-new-taxes tax rate or the no-new-taxes maintenance and
10961096 operations rate includes the equivalent effective tax rate or
10971097 effective maintenance and operations rate for a preceding year.
10981098 This subsection expires January 1, 2024.
10991099 (d) The county assessor-collector shall post immediately
11001100 below the table prescribed by Subsection (c) the following
11011101 statement:
11021102 "The county is providing this table of property tax rate
11031103 information as a service to the residents of the county. Each
11041104 individual taxing unit is responsible for calculating the property
11051105 tax rates listed in this table pertaining to that taxing unit and
11061106 providing that information to the county.
11071107 "The adopted tax rate is the tax rate adopted by the governing
11081108 body of a taxing unit.
11091109 "The maintenance and operations rate is the component of the
11101110 adopted tax rate of a taxing unit that will impose the amount of
11111111 taxes needed to fund maintenance and operation expenditures of the
11121112 unit for the following year.
11131113 "The debt rate is the component of the adopted tax rate of a
11141114 taxing unit that will impose the amount of taxes needed to fund the
11151115 unit's debt service for the following year.
11161116 "The no-new-taxes [effective tax] rate is the tax rate that
11171117 would generate the same amount of revenue in the current tax year as
11181118 was generated by a taxing unit's adopted tax rate in the preceding
11191119 tax year from property that is taxable in both the current tax year
11201120 and the preceding tax year.
11211121 "The no-new-taxes [effective] maintenance and operations
11221122 rate is the tax rate that would generate the same amount of revenue
11231123 for maintenance and operations in the current tax year as was
11241124 generated by a taxing unit's maintenance and operations rate in the
11251125 preceding tax year from property that is taxable in both the current
11261126 tax year and the preceding tax year.
11271127 "The rollback tax rate is the highest tax rate a taxing unit
11281128 may adopt before requiring voter approval at an election. In the
11291129 case of a taxing unit other than a school district, the voters by
11301130 petition may require that a rollback election be held if the unit
11311131 adopts a tax rate in excess of the unit's rollback tax rate. In the
11321132 case of a school district, an election will automatically be held if
11331133 the district wishes to adopt a tax rate in excess of the district's
11341134 rollback tax rate."
11351135 SECTION 24. Section 321.106(e), Tax Code, is amended to
11361136 read as follows:
11371137 (e) If, in a municipality where a fire control, prevention,
11381138 and emergency medical services district is composed of the whole
11391139 municipality, a municipal sales and use tax or a municipal sales and
11401140 use tax rate increase for the purpose of financing a fire control,
11411141 prevention, and emergency medical services district is approved,
11421142 the municipality is responsible for distributing to the district
11431143 that portion of the municipal sales and use tax revenue received
11441144 from the comptroller that is to be used for the purposes of
11451145 financing the fire control, prevention, and emergency medical
11461146 services district. Not later than the 10th day after the date the
11471147 municipality receives money under this section from the
11481148 comptroller, the municipality shall make the distribution in the
11491149 proportion that the fire control, prevention, and emergency medical
11501150 services portion of the tax rate bears to the total sales and use
11511151 tax rate of the municipality. The amounts distributed to a fire
11521152 control, prevention, and emergency medical services district are
11531153 not considered to be sales and use tax revenue for the purpose of
11541154 computations [property tax reduction and computation of the
11551155 municipal tax rate] under Section 26.041.
11561156 SECTION 25. Section 321.108(f), Tax Code, is amended to
11571157 read as follows:
11581158 (f) If, in a municipality in which a crime control and
11591159 prevention district is composed of the whole municipality, a
11601160 municipal sales and use tax or a municipal sales and use tax rate
11611161 increase for the purpose of financing a crime control and
11621162 prevention district is approved, the municipality is responsible
11631163 for distributing to the district that portion of the municipal
11641164 sales and use tax revenue received from the comptroller that is to
11651165 be used for the purposes of financing the crime control and
11661166 prevention district. Not later than the 10th day after the date
11671167 the municipality receives money under this section from the
11681168 comptroller, the municipality shall make the distribution in the
11691169 proportion that the crime control and prevention portion of the tax
11701170 rate bears to the total sales and use tax rate of the
11711171 municipality. The amounts distributed to a crime control and
11721172 prevention district are not considered to be additional municipal
11731173 sales and use tax revenue for the purpose of computations [property
11741174 tax reduction and computation of the municipal tax rate] under
11751175 Section 26.041.
11761176 SECTION 26. Section 323.105(f), Tax Code, is amended to
11771177 read as follows:
11781178 (f) If, in a county where a crime control and prevention
11791179 district is composed of the whole county, a county sales and use tax
11801180 or a county sales and use tax rate increase for the purpose of
11811181 financing a crime control and prevention district is approved, the
11821182 county is responsible for distributing to the district that portion
11831183 of the county sales and use tax revenue received from the
11841184 comptroller that is to be used for the purposes of financing the
11851185 crime control and prevention district. Not later than the 10th day
11861186 after the date the county receives funds under this section from the
11871187 comptroller, the county shall make the distribution in the
11881188 proportion that the crime control and prevention portion of the tax
11891189 rate bears to the total sales and use tax rate of the county. The
11901190 amounts distributed to a crime control and prevention district are
11911191 not considered to be sales and use tax revenue for the purpose of
11921192 computations [property tax reduction and computation of the county
11931193 tax rate] under Section 26.041, Tax Code.
11941194 SECTION 27. Section 45.105(e), Education Code, is amended
11951195 to read as follows:
11961196 (e) The governing body of an independent school district
11971197 that governs a junior college district under Subchapter B, Chapter
11981198 130, in a county with a population of more than two million may
11991199 dedicate a specific percentage of the local tax levy to the use of
12001200 the junior college district for facilities and equipment or for the
12011201 maintenance and operating expenses of the junior college district.
12021202 To be effective, the dedication must be made by the governing body
12031203 on or before the date on which the governing body adopts its tax
12041204 rate for a year. The amount of local tax funds derived from the
12051205 percentage of the local tax levy dedicated to a junior college
12061206 district from a tax levy may not exceed the amount that would be
12071207 levied by five percent of the no-new-taxes [effective] tax rate for
12081208 the tax year calculated as provided by Section 26.04, Tax Code, on
12091209 all property taxable by the school district. All real property
12101210 purchased with these funds is the property of the school district,
12111211 but is subject to the exclusive control of the governing body of the
12121212 junior college district for as long as the junior college district
12131213 uses the property for educational purposes.
12141214 SECTION 28. Section 102.007(d), Local Government Code, is
12151215 amended to read as follows:
12161216 (d) An adopted budget must contain a cover page that
12171217 includes:
12181218 (1) one of the following statements in 18-point or
12191219 larger type that accurately describes the adopted budget:
12201220 (A) "This budget will raise more revenue from
12211221 property taxes than last year's budget by an amount of (insert total
12221222 dollar amount of increase), which is a (insert percentage increase)
12231223 percent increase from last year's budget. The property tax revenue
12241224 to be raised from new property added to the tax roll this year is
12251225 (insert amount computed by multiplying the proposed tax rate by the
12261226 value of new property added to the roll).";
12271227 (B) "This budget will raise less revenue from
12281228 property taxes than last year's budget by an amount of (insert total
12291229 dollar amount of decrease), which is a (insert percentage decrease)
12301230 percent decrease from last year's budget. The property tax revenue
12311231 to be raised from new property added to the tax roll this year is
12321232 (insert amount computed by multiplying the proposed tax rate by the
12331233 value of new property added to the roll)."; or
12341234 (C) "This budget will raise the same amount of
12351235 revenue from property taxes as last year's budget. The property tax
12361236 revenue to be raised from new property added to the tax roll this
12371237 year is (insert amount computed by multiplying the proposed tax
12381238 rate by the value of new property added to the roll).";
12391239 (2) the record vote of each member of the governing
12401240 body by name voting on the adoption of the budget;
12411241 (3) the municipal property tax rates for the preceding
12421242 fiscal year, and each municipal property tax rate that has been
12431243 adopted or calculated for the current fiscal year, including:
12441244 (A) the property tax rate;
12451245 (B) the no-new-taxes [effective] tax rate;
12461246 (C) the no-new-taxes [effective] maintenance and
12471247 operations tax rate;
12481248 (D) the rollback tax rate; and
12491249 (E) the debt rate; and
12501250 (4) the total amount of municipal debt obligations.
12511251 SECTION 29. Section 111.008(d), Local Government Code, is
12521252 amended to read as follows:
12531253 (d) An adopted budget must contain a cover page that
12541254 includes:
12551255 (1) one of the following statements in 18-point or
12561256 larger type that accurately describes the adopted budget:
12571257 (A) "This budget will raise more revenue from
12581258 property taxes than last year's budget by an amount of (insert total
12591259 dollar amount of increase), which is a (insert percentage increase)
12601260 percent increase from last year's budget. The property tax revenue
12611261 to be raised from new property added to the tax roll this year is
12621262 (insert amount computed by multiplying the proposed tax rate by the
12631263 value of new property added to the roll).";
12641264 (B) "This budget will raise less revenue from
12651265 property taxes than last year's budget by an amount of (insert total
12661266 dollar amount of decrease), which is a (insert percentage decrease)
12671267 percent decrease from last year's budget. The property tax revenue
12681268 to be raised from new property added to the tax roll this year is
12691269 (insert amount computed by multiplying the proposed tax rate by the
12701270 value of new property added to the roll)."; or
12711271 (C) "This budget will raise the same amount of
12721272 revenue from property taxes as last year's budget. The property tax
12731273 revenue to be raised from new property added to the tax roll this
12741274 year is (insert amount computed by multiplying the proposed tax
12751275 rate by the value of new property added to the roll).";
12761276 (2) the record vote of each member of the
12771277 commissioners court by name voting on the adoption of the budget;
12781278 (3) the county property tax rates for the preceding
12791279 fiscal year, and each county property tax rate that has been adopted
12801280 or calculated for the current fiscal year, including:
12811281 (A) the property tax rate;
12821282 (B) the no-new-taxes [effective] tax rate;
12831283 (C) the no-new-taxes [effective] maintenance and
12841284 operations tax rate;
12851285 (D) the rollback tax rate; and
12861286 (E) the debt rate; and
12871287 (4) the total amount of county debt obligations.
12881288 SECTION 30. Section 111.039(d), Local Government Code, is
12891289 amended to read as follows:
12901290 (d) An adopted budget must contain a cover page that
12911291 includes:
12921292 (1) one of the following statements in 18-point or
12931293 larger type that accurately describes the adopted budget:
12941294 (A) "This budget will raise more revenue from
12951295 property taxes than last year's budget by an amount of (insert total
12961296 dollar amount of increase), which is a (insert percentage increase)
12971297 percent increase from last year's budget. The property tax revenue
12981298 to be raised from new property added to the tax roll this year is
12991299 (insert amount computed by multiplying the proposed tax rate by the
13001300 value of new property added to the roll).";
13011301 (B) "This budget will raise less revenue from
13021302 property taxes than last year's budget by an amount of (insert total
13031303 dollar amount of decrease), which is a (insert percentage decrease)
13041304 percent decrease from last year's budget. The property tax revenue
13051305 to be raised from new property added to the tax roll this year is
13061306 (insert amount computed by multiplying the proposed tax rate by the
13071307 value of new property added to the roll)."; or
13081308 (C) "This budget will raise the same amount of
13091309 revenue from property taxes as last year's budget. The property tax
13101310 revenue to be raised from new property added to the tax roll this
13111311 year is (insert amount computed by multiplying the proposed tax
13121312 rate by the value of new property added to the roll).";
13131313 (2) the record vote of each member of the
13141314 commissioners court by name voting on the adoption of the budget;
13151315 (3) the county property tax rates for the preceding
13161316 fiscal year, and each county property tax rate that has been adopted
13171317 or calculated for the current fiscal year, including:
13181318 (A) the property tax rate;
13191319 (B) the no-new-taxes [effective] tax rate;
13201320 (C) the no-new-taxes [effective] maintenance and
13211321 operations tax rate;
13221322 (D) the rollback tax rate; and
13231323 (E) the debt rate; and
13241324 (4) the total amount of county debt obligations.
13251325 SECTION 31. Section 111.068(c), Local Government Code, is
13261326 amended to read as follows:
13271327 (c) An adopted budget must contain a cover page that
13281328 includes:
13291329 (1) one of the following statements in 18-point or
13301330 larger type that accurately describes the adopted budget:
13311331 (A) "This budget will raise more revenue from
13321332 property taxes than last year's budget by an amount of (insert total
13331333 dollar amount of increase), which is a (insert percentage increase)
13341334 percent increase from last year's budget. The property tax revenue
13351335 to be raised from new property added to the tax roll this year is
13361336 (insert amount computed by multiplying the proposed tax rate by the
13371337 value of new property added to the roll).";
13381338 (B) "This budget will raise less revenue from
13391339 property taxes than last year's budget by an amount of (insert total
13401340 dollar amount of decrease), which is a (insert percentage decrease)
13411341 percent decrease from last year's budget. The property tax revenue
13421342 to be raised from new property added to the tax roll this year is
13431343 (insert amount computed by multiplying the proposed tax rate by the
13441344 value of new property added to the roll)."; or
13451345 (C) "This budget will raise the same amount of
13461346 revenue from property taxes as last year's budget. The property tax
13471347 revenue to be raised from new property added to the tax roll this
13481348 year is (insert amount computed by multiplying the proposed tax
13491349 rate by the value of new property added to the roll).";
13501350 (2) the record vote of each member of the
13511351 commissioners court by name voting on the adoption of the budget;
13521352 (3) the county property tax rates for the preceding
13531353 fiscal year, and each county property tax rate that has been adopted
13541354 or calculated for the current fiscal year, including:
13551355 (A) the property tax rate;
13561356 (B) the no-new-taxes [effective] tax rate;
13571357 (C) the no-new-taxes [effective] maintenance and
13581358 operations tax rate;
13591359 (D) the rollback tax rate; and
13601360 (E) the debt rate; and
13611361 (4) the total amount of county debt obligations.
13621362 SECTION 32. Sections 140.010(a), (d), and (e), Local
13631363 Government Code, are amended to read as follows:
13641364 (a) In this section, "no-new-taxes ["effective] tax rate"
13651365 and "rollback tax rate" mean the no-new-taxes [effective] tax rate
13661366 and rollback tax rate of a county or municipality, as applicable, as
13671367 calculated under Chapter 26, Tax Code.
13681368 (d) A county or municipality that proposes a property tax
13691369 rate that does not exceed the lower of the no-new-taxes [effective]
13701370 tax rate or the rollback tax rate shall provide the following
13711371 notice:
13721372 "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
13731373 RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
13741374 "A tax rate of $______ per $100 valuation has been proposed by the
13751375 governing body of (insert name of county or municipality).
13761376 PROPOSED TAX RATE $______ per $100
13771377 PRECEDING YEAR'S TAX RATE $______ per $100
13781378 NO-NEW-TAXES [EFFECTIVE TAX] RATE $______ per $100
13791379 "The no-new-taxes [effective tax] rate is the total tax rate needed
13801380 to raise the same amount of property tax revenue for (insert name of
13811381 county or municipality) from the same properties in both the
13821382 (insert preceding tax year) tax year and the (insert current tax
13831383 year) tax year.
13841384 "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
13851385 FOLLOWS:
13861386 property tax amount = (rate) x (taxable value of your property) /
13871387 100
13881388 "For assistance or detailed information about tax calculations,
13891389 please contact:
13901390 (insert name of county or municipal tax assessor-collector)
13911391 (insert name of county or municipality) tax
13921392 assessor-collector
13931393 (insert address)
13941394 (insert telephone number)
13951395 (insert e-mail address)
13961396 (insert Internet website address[, if applicable])"
13971397 (e) A county or municipality that proposes a property tax
13981398 rate that exceeds the lower of the no-new-taxes [effective] tax
13991399 rate or the rollback tax rate shall provide the following notice:
14001400 "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX
14011401 RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY)
14021402 "A tax rate of $_____ per $100 valuation has been proposed for
14031403 adoption by the governing body of (insert name of county or
14041404 municipality). This rate exceeds the lower of the no-new-taxes
14051405 [effective] or rollback tax rate, and state law requires that two
14061406 public hearings be held by the governing body before adopting the
14071407 proposed tax rate. The governing body of (insert name of county or
14081408 municipality) proposes to use revenue attributable to the tax rate
14091409 increase for the purpose of (description of purpose of increase).
14101410 PROPOSED TAX RATE $______ per $100
14111411 PRECEDING YEAR'S TAX RATE $______ per $100
14121412 NO-NEW-TAXES [EFFECTIVE TAX] RATE $______ per $100
14131413 ROLLBACK TAX RATE $______ per $100
14141414 "The no-new-taxes [effective tax] rate is the total tax rate needed
14151415 to raise the same amount of property tax revenue for (insert name of
14161416 county or municipality) from the same properties in both the
14171417 (insert preceding tax year) tax year and the (insert current tax
14181418 year) tax year.
14191419 "The rollback tax rate is the highest tax rate that (insert name of
14201420 county or municipality) may adopt before voters are entitled to
14211421 petition for an election to limit the rate that may be approved to
14221422 the rollback rate.
14231423 "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
14241424 FOLLOWS:
14251425 property tax amount = (rate) x (taxable value of your property) /
14261426 100
14271427 "For assistance or detailed information about tax calculations,
14281428 please contact:
14291429 (insert name of county or municipal tax assessor-collector)
14301430 (insert name of county or municipality) tax
14311431 assessor-collector
14321432 (insert address)
14331433 (insert telephone number)
14341434 (insert e-mail address)
14351435 (insert Internet website address[, if applicable])
14361436 "You are urged to attend and express your views at the following
14371437 public hearings on the proposed tax rate:
14381438 First Hearing: (insert date and time) at (insert location of
14391439 meeting).
14401440 Second Hearing: (insert date and time) at (insert location
14411441 of meeting)."
14421442 SECTION 33. The following provisions are repealed:
14431443 (1) Section 26.03, Tax Code;
14441444 (2) Sections 26.041(a), (b), (c), and (e), Tax Code;
14451445 and
14461446 (3) Section 26.045, Tax Code.
14471447 SECTION 34. (a) Not later than September 1, 2019, the
14481448 comptroller shall appoint the members of an advisory group to
14491449 provide to the comptroller advice and assistance regarding the
14501450 creation and operation of the property tax database required by
14511451 Section 5.092, Tax Code, as added by this Act, and related matters.
14521452 The advisory group is composed of 13 members as follows:
14531453 (1) one person who is an employee of the office of the
14541454 lieutenant governor;
14551455 (2) one person who is an employee of the office of the
14561456 speaker of the house of representatives;
14571457 (3) four persons who are county tax
14581458 assessor-collectors;
14591459 (4) two persons who are assessors or collectors for
14601460 taxing units but are not county tax assessor-collectors;
14611461 (5) two persons who are chief appraisers of appraisal
14621462 districts;
14631463 (6) one person who is a financial officer or auditor of
14641464 a municipality;
14651465 (7) one person who is a financial officer or auditor of
14661466 a county; and
14671467 (8) one person who is a representative of water
14681468 districts.
14691469 (b) The advisory group is abolished and this section expires
14701470 December 31, 2021.
14711471 SECTION 35. The comptroller shall comply with Sections
14721472 5.07(f) and 5.092, Tax Code, as added by this Act, not later than
14731473 June 1, 2020.
14741474 SECTION 36. (a) Except as provided by Subsections (b), (c),
14751475 and (d) of this section, this Act takes effect January 1, 2018.
14761476 (b) The following provisions take effect December 1, 2017:
14771477 (1) Section 5.091, Tax Code, as amended by this Act;
14781478 (2) Section 34 of this Act; and
14791479 (3) Section 26.065(b), Tax Code, as amended by this
14801480 Act.
14811481 (c) The following provisions take effect September 1, 2019:
14821482 (1) Section 5.07(f), Tax Code, as added by this Act;
14831483 and
14841484 (2) Section 5.092, Tax Code, as added by this Act.
14851485 (d) The following provisions take effect January 1, 2020:
14861486 (1) Sections 25.19(b) and (i), Tax Code, as amended by
14871487 this Act;
14881488 (2) Sections 26.04(d-1) and (e-2), Tax Code, as added
14891489 by this Act;
14901490 (3) Section 26.04(g), Tax Code, as amended by this
14911491 Act; and
14921492 (4) Sections 26.05(d-1) and (d-2), Tax Code, as added
14931493 by this Act.