Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB96 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 85S11073 SMH-F
22 By: Bettencourt S.B. No. 96
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. This Act may be cited as the Texas Property Tax
1010 Reform and Relief Act of 2017.
1111 SECTION 2. Chapter 5, Tax Code, is amended by adding Section
1212 5.01 to read as follows:
1313 Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD.
1414 (a) The comptroller shall appoint the property tax administration
1515 advisory board to advise the comptroller with respect to the
1616 division or divisions within the office of the comptroller with
1717 primary responsibility for state administration of property
1818 taxation and state oversight of appraisal districts and local tax
1919 offices. The advisory board may make recommendations to the
2020 comptroller regarding improving the effectiveness and efficiency
2121 of the property tax system, best practices, and complaint
2222 resolution procedures.
2323 (b) The advisory board is composed of at least six members
2424 appointed by the comptroller. The members of the board should
2525 include:
2626 (1) representatives of property tax payers, appraisal
2727 districts, and school districts; and
2828 (2) a person who has knowledge or experience in
2929 conducting ratio studies.
3030 (c) The members of the advisory board serve at the pleasure
3131 of the comptroller.
3232 (d) Any advice to the comptroller relating to a matter
3333 described by Subsection (a) that is provided by a member of the
3434 advisory board must be provided at a meeting called by the
3535 comptroller.
3636 (e) Chapter 2110, Government Code, does not apply to the
3737 advisory board.
3838 SECTION 3. Section 5.05, Tax Code, is amended by adding
3939 Subsection (c-1) to read as follows:
4040 (c-1) An appraisal district shall appraise property in
4141 accordance with any appraisal manuals prepared and issued by the
4242 comptroller under this section.
4343 SECTION 4. Section 5.07, Tax Code, is amended by adding
4444 Subsections (f), (g), (h), and (i) to read as follows:
4545 (f) In conjunction with prescribing a uniform record system
4646 to be used by all appraisal districts as required by Subsection (c),
4747 the comptroller shall prescribe tax rate calculation forms to be
4848 used by the designated officer or employee of each:
4949 (1) taxing unit other than a school district to
5050 calculate and submit the equivalent tax rate and the rollback tax
5151 rate for the unit as required by Chapter 26; and
5252 (2) school district to calculate and submit the
5353 equivalent tax rate, the rollback tax rate, and the rate to maintain
5454 the same amount of state and local revenue per weighted student that
5555 the district received in the school year beginning in the preceding
5656 tax year as required by Chapter 26.
5757 (g) The forms described by Subsection (f) must be in an
5858 electronic format and:
5959 (1) have blanks that can be filled in electronically;
6060 (2) be capable of being certified by the designated
6161 officer or employee after completion as accurately calculating the
6262 applicable tax rates and using values that are the same as the
6363 values shown in the taxing unit's certified appraisal roll; and
6464 (3) be capable of being electronically incorporated
6565 into the real-time tax rate database maintained by the tax rate
6666 officer of each appraisal district and submitted electronically to
6767 the county assessor-collector of each county in which all or part of
6868 the territory of the taxing unit is located.
6969 (h) For purposes of Subsections (f) and (g), the comptroller
7070 shall use the forms published on the comptroller's Internet website
7171 as of January 1, 2017, as modified as necessary to comply with the
7272 requirements of those subsections. The forms may be updated at the
7373 discretion of the comptroller to reflect any change in the values
7474 used to calculate a tax rate, including the changes resulting from
7575 the implementation in the 2018 tax year of S.B. 1, Acts of the 85th
7676 Legislature, 1st Called Session, 2017, or similar legislation
7777 enacted at that session, or a change in a subsequent tax year
7878 resulting from a statutory change in a value used to calculate a tax
7979 rate. The forms may also be updated at the discretion of the
8080 comptroller to reflect formatting or other nonsubstantive changes.
8181 (i) The comptroller may revise the forms to reflect
8282 statutory changes other than those described by Subsection (h) or
8383 on receipt of a request in writing. A revision under this
8484 subsection must be approved by the agreement of a majority of the
8585 members of a committee selected by the comptroller who are present
8686 at a committee meeting at which a quorum is present. The members of
8787 the committee must represent, equally, taxpayers and either taxing
8888 units or persons designated by taxing units. In the case of a
8989 revision for which the comptroller receives a request in writing,
9090 the person requesting the revision shall pay the costs of mediation
9191 if the comptroller determines that mediation is required.
9292 SECTION 5. Section 5.091, Tax Code, is amended to read as
9393 follows:
9494 Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the
9595 comptroller shall prepare a list that includes the total tax rate
9696 imposed by each taxing unit in this state, as [other than a school
9797 district, if the tax rate is] reported to the comptroller by each
9898 appraisal district, for the year [preceding the year] in which the
9999 list is prepared. The comptroller shall:
100100 (1) prescribe the manner in which and deadline by
101101 which appraisal districts are required to submit the tax rates to
102102 the comptroller; and
103103 (2) list the tax rates alphabetically according to:
104104 (A) the county or counties in which each taxing
105105 unit is located; and
106106 (B) the name of each taxing unit [in descending
107107 order].
108108 (b) Not later than January 1 [December 31] of the following
109109 [each] year, the comptroller shall publish on the comptroller's
110110 Internet website the list required by Subsection (a).
111111 SECTION 6. Sections 5.102(a) and (c), Tax Code, are amended
112112 to read as follows:
113113 (a) At least once every two years, the comptroller shall
114114 review the governance of each appraisal district, taxpayer
115115 assistance provided, and the operating and appraisal standards,
116116 procedures, and methodology used by each appraisal district, to
117117 determine compliance with generally accepted standards,
118118 procedures, and methodology, including compliance with standards,
119119 procedures, and methodology prescribed by appraisal manuals
120120 prepared and issued by the comptroller. After consultation with
121121 the property tax administration advisory board [committee created
122122 under Section 403.302, Government Code], the comptroller by rule
123123 may establish procedures and standards for conducting and scoring
124124 the review.
125125 (c) At the conclusion of the review, the comptroller shall,
126126 in writing, notify the appraisal district concerning its
127127 performance in the review. If the review results in a finding that
128128 an appraisal district is not in compliance with generally accepted
129129 standards, procedures, and methodology, including compliance with
130130 standards, procedures, and methodology prescribed by appraisal
131131 manuals prepared and issued by the comptroller, the comptroller
132132 shall deliver a report that details the comptroller's findings and
133133 recommendations for improvement to:
134134 (1) the appraisal district's chief appraiser and board
135135 of directors; and
136136 (2) the superintendent and board of trustees of each
137137 school district participating in the appraisal district.
138138 SECTION 7. Section 5.13(d), Tax Code, is amended to read as
139139 follows:
140140 (d) In conducting a general audit, the comptroller shall
141141 consider and report on:
142142 (1) the extent to which the district complies with
143143 applicable law or generally accepted standards of appraisal or
144144 other relevant practice, including appraisal standards and
145145 practices prescribed by appraisal manuals prepared and issued by
146146 the comptroller;
147147 (2) the uniformity and level of appraisal of major
148148 kinds of property and the cause of any significant deviations from
149149 ideal uniformity and equality of appraisal of major kinds of
150150 property;
151151 (3) duplication of effort and efficiency of operation;
152152 (4) the general efficiency, quality of service, and
153153 qualification of appraisal district personnel; and
154154 (5) except as otherwise provided by Subsection (b) [of
155155 this section], any other matter included in the request for the
156156 audit.
157157 SECTION 8. Section 6.035(a-1), Tax Code, is amended to read
158158 as follows:
159159 (a-1) An individual is ineligible to serve on an appraisal
160160 district board of directors if the individual has engaged in the
161161 business of appraising property for compensation for use in
162162 proceedings under this title or of representing property owners for
163163 compensation in proceedings under this title in the appraisal
164164 district at any time during the preceding three [five] years.
165165 SECTION 9. Section 6.05, Tax Code, is amended by adding
166166 Subsection (k) to read as follows:
167167 (k) The chief appraiser shall establish an office of tax
168168 rate notices in the appraisal district. The office is responsible
169169 for delivering the notice required by Section 26.04(e-2) and
170170 creating and maintaining the database required by Section 26.17.
171171 The office is administered by the tax rate officer, who is appointed
172172 by and serves at the pleasure of the chief appraiser. The chief
173173 appraiser may designate other personnel to assist the tax rate
174174 officer in performing the functions of the office. In all
175175 communications, the office must identify itself as the "(insert
176176 name of county in which appraisal district is established) County
177177 Office of Tax Rate Notices" rather than as the appraisal district.
178178 SECTION 10. Section 6.15, Tax Code, is amended by adding
179179 Subsection (c-1) to read as follows:
180180 (c-1) Subsections (a) and (b) do not prohibit a member of
181181 the board of directors of an appraisal district from transmitting
182182 to the chief appraiser without comment a complaint by a property
183183 owner or taxing unit about the appraisal of a specific property,
184184 provided that the transmission is in writing.
185185 SECTION 11. Section 6.41, Tax Code, is amended by amending
186186 Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and
187187 (d-10) to read as follows:
188188 (b) Except as provided by Subsection (b-1) or (b-2), an
189189 appraisal review [The] board consists of three members.
190190 (b-1) An appraisal [However, the] district board of
191191 directors by resolution of a majority of the board's [its] members
192192 may increase the size of the district's appraisal review board to
193193 the number of members the board of directors considers appropriate.
194194 (b-2) An appraisal district board of directors for a
195195 district established in a county with a population of one million or
196196 more by resolution of a majority of the board's members shall
197197 increase the size of the district's appraisal review board to the
198198 number of members the board of directors considers appropriate to
199199 manage the duties of the appraisal review board, including the
200200 duties of each special panel established under Section 6.425.
201201 (d-9) In selecting individuals who are to serve as members
202202 of the appraisal review board for an appraisal district described
203203 by Subsection (b-2), the local administrative district judge shall
204204 select an adequate number of qualified individuals to permit the
205205 chairman of the appraisal review board to fill the positions on each
206206 special panel established under Section 6.425.
207207 (d-10) Upon selection of the individuals who are to serve as
208208 members of the appraisal review board, the local administrative
209209 district judge shall enter an appropriate order designating such
210210 members and setting each member's respective term of office, as
211211 provided elsewhere in this section.
212212 SECTION 12. Section 6.414(d), Tax Code, is amended to read
213213 as follows:
214214 (d) An auxiliary board member may hear taxpayer protests
215215 before the appraisal review board. An auxiliary board member may
216216 not hear taxpayer protests before a special panel established under
217217 Section 6.425 unless the member is eligible to be appointed to the
218218 special panel. If one or more auxiliary board members sit on a
219219 panel established under Section 6.425 or 41.45 to conduct a protest
220220 hearing, the number of regular appraisal review board members
221221 required by that section to constitute the panel is reduced by the
222222 number of auxiliary board members sitting. An auxiliary board
223223 member sitting on a panel is considered a regular board member for
224224 all purposes related to the conduct of the hearing.
225225 SECTION 13. Section 6.42, Tax Code, is amended by adding
226226 Subsection (d) to read as follows:
227227 (d) The concurrence of a majority of the members of the
228228 appraisal review board or a panel of the board present at a meeting
229229 of the board or panel is sufficient for a recommendation,
230230 determination, decision, or other action by the board or panel, and
231231 the concurrence of more than a majority of the members of the board
232232 or panel may not be required.
233233 SECTION 14. Subchapter C, Chapter 6, Tax Code, is amended by
234234 adding Section 6.425 to read as follows:
235235 Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN
236236 CERTAIN DISTRICTS. (a) This section applies only to the appraisal
237237 review board for an appraisal district described by Section
238238 6.41(b-2).
239239 (b) The appraisal review board shall establish special
240240 panels to conduct protest hearings under Chapter 41 relating to
241241 property that:
242242 (1) has an appraised value of $50 million or more as
243243 determined by the appraisal district; and
244244 (2) is included in one of the following
245245 classifications:
246246 (A) commercial real and personal property;
247247 (B) real and personal property of utilities;
248248 (C) industrial and manufacturing real and
249249 personal property; and
250250 (D) multifamily residential real property.
251251 (c) Each special panel described by this section consists of
252252 three members of the appraisal review board appointed by the
253253 chairman of the board.
254254 (d) To be eligible to be appointed to a special panel
255255 described by this section, a member of the appraisal review board
256256 must:
257257 (1) hold a juris doctor or equivalent degree;
258258 (2) hold a master of business administration degree;
259259 (3) be licensed as a certified public accountant under
260260 Chapter 901, Occupations Code;
261261 (4) be accredited by the American Society of
262262 Appraisers as an accredited senior appraiser;
263263 (5) possess an MAI professional designation from the
264264 Appraisal Institute;
265265 (6) possess a Certified Assessment Evaluator (CAE)
266266 professional designation from the International Association of
267267 Assessing Officers;
268268 (7) have at least 10 years of experience in property
269269 tax appraisal or consulting; or
270270 (8) be licensed as a real estate broker or sales agent
271271 under Chapter 1101, Occupations Code.
272272 (e) Notwithstanding Subsection (d), the chairman of the
273273 appraisal review board may appoint to a special panel described by
274274 this section a member of the appraisal review board who does not
275275 meet the qualifications prescribed by that subsection if:
276276 (1) the number of persons appointed to the board by the
277277 local administrative district judge who meet those qualifications
278278 is not sufficient to fill the positions on each special panel; and
279279 (2) the board member being appointed to the panel
280280 holds a bachelor's degree in any field.
281281 (f) In addition to conducting protest hearings relating to
282282 property described by Subsection (b) of this section, a special
283283 panel may conduct protest hearings under Chapter 41 relating to
284284 property not described by Subsection (b) of this section as
285285 assigned by the chairman of the appraisal review board.
286286 SECTION 15. Section 11.4391(a), Tax Code, is amended to
287287 read as follows:
288288 (a) The chief appraiser shall accept and approve or deny an
289289 application for an exemption for freeport goods under Section
290290 11.251 after the deadline for filing it has passed if it is filed
291291 not later than June 1 [before the date the appraisal review board
292292 approves the appraisal records].
293293 SECTION 16. Section 22.23, Tax Code, is amended to read as
294294 follows:
295295 Sec. 22.23. FILING DATE. (a) Rendition statements and
296296 property reports must be delivered to the chief appraiser after
297297 January 1 and not later than April 1 [15], except as provided by
298298 Section 22.02.
299299 (b) On written request by the property owner, the chief
300300 appraiser shall extend a deadline for filing a rendition statement
301301 or property report to a date not later than May 1 [15]. The chief
302302 appraiser may further extend the deadline an additional 15 days
303303 upon good cause shown in writing by the property owner.
304304 (c) Notwithstanding any other provision of this section,
305305 rendition statements and property reports for property regulated by
306306 the Public Utility Commission of Texas, the Railroad Commission of
307307 Texas, the federal Surface Transportation Board, or the Federal
308308 Energy Regulatory Commission must be delivered to the chief
309309 appraiser not later than April 30, except as provided by Section
310310 22.02. The chief appraiser may extend the filing deadline 15 days
311311 for good cause shown in writing by the property owner.
312312 SECTION 17. Section 23.01(b), Tax Code, is amended to read
313313 as follows:
314314 (b) The market value of property shall be determined by the
315315 application of generally accepted appraisal methods and
316316 techniques, including appraisal methods and techniques prescribed
317317 by appraisal manuals prepared and issued by the comptroller. If the
318318 appraisal district determines the appraised value of a property
319319 using mass appraisal standards, the mass appraisal standards must
320320 comply with the Uniform Standards of Professional Appraisal
321321 Practice. The same or similar appraisal methods and techniques
322322 shall be used in appraising the same or similar kinds of property.
323323 However, each property shall be appraised based upon the individual
324324 characteristics that affect the property's market value, and all
325325 available evidence that is specific to the value of the property
326326 shall be taken into account in determining the property's market
327327 value.
328328 SECTION 18. Sections 25.19(a) and (g), Tax Code, are
329329 amended to read as follows:
330330 (a) By April 15 [1] or as soon thereafter as practicable [if
331331 the property is a single-family residence that qualifies for an
332332 exemption under Section 11.13, or by May 1 or as soon thereafter as
333333 practicable in connection with any other property], the chief
334334 appraiser shall deliver a clear and understandable written notice
335335 to a property owner of the appraised value of the property owner's
336336 property if:
337337 (1) the appraised value of the property is greater
338338 than it was in the preceding year;
339339 (2) the appraised value of the property is greater
340340 than the value rendered by the property owner;
341341 (3) the property was not on the appraisal roll in the
342342 preceding year; or
343343 (4) an exemption or partial exemption approved for the
344344 property for the preceding year was canceled or reduced for the
345345 current year.
346346 (g) By April 15 [1] or as soon thereafter as practicable [if
347347 the property is a single-family residence that qualifies for an
348348 exemption under Section 11.13, or by May 1 or as soon thereafter as
349349 practicable in connection with any other property], the chief
350350 appraiser shall deliver a written notice to the owner of each
351351 property not included in a notice required to be delivered under
352352 Subsection (a), if the property was reappraised in the current tax
353353 year, if the ownership of the property changed during the preceding
354354 year, or if the property owner or the agent of a property owner
355355 authorized under Section 1.111 makes a written request for the
356356 notice. The chief appraiser shall separate real from personal
357357 property and include in the notice for each property:
358358 (1) the appraised value of the property in the
359359 preceding year;
360360 (2) the appraised value of the property for the
361361 current year and the kind of each partial exemption, if any,
362362 approved for the current year;
363363 (3) a detailed explanation of the time and procedure
364364 for protesting the value; and
365365 (4) the date and place the appraisal review board will
366366 begin hearing protests.
367367 SECTION 19. Effective January 1, 2019, Section 25.19, Tax
368368 Code, is amended by adding Subsections (b-3) and (b-4) to read as
369369 follows:
370370 (b-3) This subsection applies only to an appraisal district
371371 described by Section 6.41(b-2). In addition to the information
372372 required by Subsection (b), the chief appraiser shall state in a
373373 notice of appraised value of property described by Section 6.425(b)
374374 that the property owner has the right to have a protest relating to
375375 the property heard by a special panel of the appraisal review board.
376376 (b-4) Subsection (b)(5) applies only to a notice of
377377 appraised value required to be delivered by the chief appraiser of
378378 an appraisal district established in a county with a population of
379379 less than 120,000. This subsection expires January 1, 2020.
380380 SECTION 20. Effective January 1, 2020, Sections 25.19(b)
381381 and (i), Tax Code, are amended to read as follows:
382382 (b) The chief appraiser shall separate real from personal
383383 property and include in the notice for each:
384384 (1) a list of the taxing units in which the property is
385385 taxable;
386386 (2) the appraised value of the property in the
387387 preceding year;
388388 (3) the taxable value of the property in the preceding
389389 year for each taxing unit taxing the property;
390390 (4) the appraised value of the property for the
391391 current year, the kind and amount of each exemption and partial
392392 exemption, if any, approved for the property for the current year
393393 and for the preceding year, and, if an exemption or partial
394394 exemption that was approved for the preceding year was canceled or
395395 reduced for the current year, the amount of the exemption or partial
396396 exemption canceled or reduced;
397397 (5) [if the appraised value is greater than it was in
398398 the preceding year, the amount of tax that would be imposed on the
399399 property on the basis of the tax rate for the preceding year;
400400 [(6)] in italic typeface, the following
401401 statement: "The Texas Legislature does not set the amount of your
402402 local taxes. Your property tax burden is decided by your locally
403403 elected officials, and all inquiries concerning your taxes should
404404 be directed to those officials";
405405 (6) [(7)] a detailed explanation of the time and
406406 procedure for protesting the value;
407407 (7) [(8)] the date and place the appraisal review
408408 board will begin hearing protests; and
409409 (8) [(9)] a brief explanation that the governing body
410410 of each taxing unit decides whether or not taxes on the property
411411 will increase and the appraisal district only determines the value
412412 of the property.
413413 (i) Delivery with a notice required by Subsection (a) or (g)
414414 of a copy of the pamphlet published by the comptroller under Section
415415 5.06 or a copy of the notice published by the chief appraiser under
416416 Section 41.70 is sufficient to comply with the requirement that the
417417 notice include the information specified by Subsection (b)(6)
418418 [(b)(7)] or (g)(3), as applicable.
419419 SECTION 21. Section 25.22(a), Tax Code, is amended to read
420420 as follows:
421421 (a) By May 1 [15] or as soon thereafter as practicable, the
422422 chief appraiser shall submit the completed appraisal records to the
423423 appraisal review board for review and determination of protests.
424424 However, the chief appraiser may not submit the records until the
425425 chief appraiser has delivered the notices required by Subsection
426426 (d) of Section 11.45, Subsection (d) of Section 23.44, Subsection
427427 (d) of Section 23.57, Subsection (d) of Section 23.79, Subsection
428428 (d) of Section 23.85, Subsection (d) of Section 23.95, Subsection
429429 (d) of Section 23.9805, and Section 25.19.
430430 SECTION 22. Sections 26.01(a) and (e), Tax Code, are
431431 amended to read as follows:
432432 (a) By July 10 [25], the chief appraiser shall prepare and
433433 certify to the assessor for each taxing unit participating in the
434434 district that part of the appraisal roll for the district that lists
435435 the property taxable by the unit. The part certified to the
436436 assessor is the appraisal roll for the unit. The chief appraiser
437437 shall consult with the assessor for each taxing unit and notify each
438438 unit in writing by April 1 of the form in which the roll will be
439439 provided to each unit.
440440 (e) Except as provided by Subsection (f), not later than May
441441 15 [April 30], the chief appraiser shall prepare and certify to the
442442 assessor for each county, municipality, and school district
443443 participating in the appraisal district an estimate of the taxable
444444 value of property in that taxing unit. The chief appraiser shall
445445 assist each county, municipality, and school district in
446446 determining values of property in that taxing unit for the taxing
447447 unit's budgetary purposes.
448448 SECTION 23. Section 26.012, Tax Code, is amended by
449449 amending Subdivisions (9) and (10) and adding Subdivision (19) to
450450 read as follows:
451451 (9) "Equivalent [Effective] maintenance and
452452 operations rate" means a rate expressed in dollars per $100 of
453453 taxable value and calculated according to the following formula:
454454 EQUIVALENT [EFFECTIVE] MAINTENANCE AND OPERATIONS
455455 RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST
456456 YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE -
457457 NEW PROPERTY VALUE)
458458 (10) "Excess collections" means the amount, if any, by
459459 which debt taxes collected in the preceding year exceeded the
460460 amount anticipated in the preceding year's calculation of the
461461 rollback tax rate, as certified by the collector under Section
462462 26.04(b) [of this code].
463463 (19) "Small taxing unit" means a taxing unit, other
464464 than a school district, for which the total tax rate proposed for
465465 the current tax year:
466466 (A) is two cents or less per $100 of taxable
467467 value; or
468468 (B) would impose taxes of $20 million or less
469469 when applied to the current total value for the taxing unit.
470470 SECTION 24. The heading to Section 26.04, Tax Code, is
471471 amended to read as follows:
472472 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
473473 EQUIVALENT [EFFECTIVE] AND ROLLBACK TAX RATES.
474474 SECTION 25. Section 26.04, Tax Code, is amended by amending
475475 Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and
476476 adding Subsections (c-1), (d-1), (d-2), (d-3), (e-2), (e-3), (e-4),
477477 (e-5), (h-1), and (h-2) to read as follows:
478478 (b) The assessor shall submit the appraisal roll for the
479479 unit showing the total appraised, assessed, and taxable values of
480480 all property and the total taxable value of new property to the
481481 governing body of the unit by July 15 [August 1] or as soon
482482 thereafter as practicable. By July 15 [August 1] or as soon
483483 thereafter as practicable, the taxing unit's collector shall
484484 certify [an estimate of] the anticipated collection rate as
485485 calculated under Subsections (h), (h-1), and (h-2) for the current
486486 year to the governing body. If the collector certified an
487487 anticipated collection rate in the preceding year and the actual
488488 collection rate in that year exceeded the anticipated rate, the
489489 collector shall also certify the amount of debt taxes collected in
490490 excess of the anticipated amount in the preceding year.
491491 (c) After the assessor for the unit submits the appraisal
492492 roll for the unit to the governing body of the unit as required by
493493 Subsection (b), an [An] officer or employee designated by the
494494 governing body shall calculate the equivalent [effective] tax rate
495495 and the rollback tax rate for the unit, where:
496496 (1) "Equivalent [Effective] tax rate" means a rate
497497 expressed in dollars per $100 of taxable value calculated according
498498 to the following formula:
499499 EQUIVALENT [EFFECTIVE] TAX RATE = (LAST YEAR'S LEVY -
500500 LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
501501 PROPERTY VALUE)
502502 ; and
503503 (2) "Rollback tax rate" means a rate expressed in
504504 dollars per $100 of taxable value calculated according to the
505505 following applicable formula:
506506 (A) for a small taxing unit:
507507 ROLLBACK TAX RATE = (EQUIVALENT [EFFECTIVE]
508508 MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT
509509 RATE
510510 ; or
511511 (B) for a taxing unit other than a small taxing
512512 unit:
513513 ROLLBACK TAX RATE = (EQUIVALENT MAINTENANCE AND
514514 OPERATIONS RATE x 1.04) + CURRENT DEBT RATE
515515 (c-1) Notwithstanding any other provision of this section,
516516 the governing body of a taxing unit other than a small taxing unit
517517 may direct the designated officer or employee to calculate the
518518 rollback tax rate of the unit in the manner provided for a small
519519 taxing unit if any part of the unit is located in an area declared a
520520 disaster area during the current tax year by the governor or by the
521521 president of the United States.
522522 (d) The equivalent [effective] tax rate for a county is the
523523 sum of the equivalent [effective] tax rates calculated for each
524524 type of tax the county levies and the rollback tax rate for a county
525525 is the sum of the rollback tax rates calculated for each type of tax
526526 the county levies.
527527 (d-1) The designated officer or employee shall use the tax
528528 rate calculation forms prescribed by the comptroller under Section
529529 5.07 in calculating the equivalent tax rate and the rollback tax
530530 rate.
531531 (d-2) The designated officer or employee may not submit the
532532 equivalent tax rate and the rollback tax rate to the governing body
533533 of the taxing unit and the unit may not adopt a tax rate until the
534534 designated officer or employee certifies on the tax rate
535535 calculation forms that the designated officer or employee has
536536 accurately calculated the tax rates and has used values that are the
537537 same as the values shown in the unit's certified appraisal roll in
538538 performing the calculations.
539539 (d-3) As soon as practicable after the designated officer or
540540 employee calculates the equivalent tax rate and the rollback tax
541541 rate of the taxing unit, the designated officer or employee shall
542542 submit the worksheets used in calculating the rates to the county
543543 assessor-collector for each county in which all or part of the
544544 territory of the unit is located.
545545 (e) By July 22 [August 7] or as soon thereafter as
546546 practicable, the designated officer or employee shall submit the
547547 rates to the governing body. By July 27, the designated officer or
548548 employee [He] shall deliver by mail to each property owner in the
549549 unit, [or] publish in a newspaper, or post prominently on the home
550550 page of the unit's Internet website, if applicable, in the form
551551 prescribed by the comptroller:
552552 (1) the equivalent [effective] tax rate, the rollback
553553 tax rate, and an explanation of how they were calculated;
554554 (2) the estimated amount of interest and sinking fund
555555 balances and the estimated amount of maintenance and operation or
556556 general fund balances remaining at the end of the current fiscal
557557 year that are not encumbered with or by corresponding existing debt
558558 obligation;
559559 (3) a schedule of the unit's debt obligations showing:
560560 (A) the amount of principal and interest that
561561 will be paid to service the unit's debts in the next year from
562562 property tax revenue, including payments of lawfully incurred
563563 contractual obligations providing security for the payment of the
564564 principal of and interest on bonds and other evidences of
565565 indebtedness issued on behalf of the unit by another political
566566 subdivision and, if the unit is created under Section 52, Article
567567 III, or Section 59, Article XVI, Texas Constitution, payments on
568568 debts that the unit anticipates to incur in the next calendar year;
569569 (B) the amount by which taxes imposed for debt
570570 are to be increased because of the unit's anticipated collection
571571 rate; and
572572 (C) the total of the amounts listed in Paragraphs
573573 (A)-(B), less any amount collected in excess of the previous year's
574574 anticipated collections certified as provided in Subsection (b);
575575 (4) the amount of additional sales and use tax revenue
576576 anticipated in calculations under Section 26.041;
577577 (5) a statement that the adoption of a tax rate equal
578578 to the equivalent [effective] tax rate would result in an increase
579579 or decrease, as applicable, in the amount of taxes imposed by the
580580 unit as compared to last year's levy, and the amount of the increase
581581 or decrease;
582582 (6) in the year that a taxing unit calculates an
583583 adjustment under Subsection (i) or (j), a schedule that includes
584584 the following elements:
585585 (A) the name of the unit discontinuing the
586586 department, function, or activity;
587587 (B) the amount of property tax revenue spent by
588588 the unit listed under Paragraph (A) to operate the discontinued
589589 department, function, or activity in the 12 months preceding the
590590 month in which the calculations required by this chapter are made;
591591 and
592592 (C) the name of the unit that operates a distinct
593593 department, function, or activity in all or a majority of the
594594 territory of a taxing unit that has discontinued operating the
595595 distinct department, function, or activity; and
596596 (7) in the year following the year in which a taxing
597597 unit raised its rollback tax rate as required by Subsection (j), a
598598 schedule that includes the following elements:
599599 (A) the amount of property tax revenue spent by
600600 the unit to operate the department, function, or activity for which
601601 the taxing unit raised the rollback tax rate as required by
602602 Subsection (j) for the 12 months preceding the month in which the
603603 calculations required by this chapter are made; and
604604 (B) the amount published by the unit in the
605605 preceding tax year under Subdivision (6)(B).
606606 (e-1) The tax rate certification requirements imposed by
607607 Subsection (d-2) and the notice requirements imposed by Subsections
608608 (e)(1)-(6) do not apply to a school district.
609609 (e-2) By July 22 or as soon thereafter as practicable, the
610610 tax rate officer of each appraisal district shall deliver by
611611 regular mail or e-mail to each owner of property located in the
612612 appraisal district a notice that the estimated amount of taxes to be
613613 imposed on the owner's property by each taxing unit in which the
614614 property is located may be found in the real-time tax rate database
615615 maintained by the tax rate officer under Section 26.17. The notice
616616 must include:
617617 (1) the following statement:
618618 "PROPOSED (tax year) PROPERTY TAX BILL INFORMATION
619619 "Information concerning the (insert tax year) property taxes
620620 on your property proposed by your local taxing units, together with
621621 information about expressing your support for or opposition to the
622622 proposed property taxes, may be found in the real-time tax rate
623623 notice at the website listed below:
624624 "(address of the Internet website at which the information
625625 may be found)";
626626 (2) a statement that the property owner may request
627627 from the county assessor-collector contact information for the
628628 assessor for each taxing unit in which the property is located, who
629629 must provide the information described by this subsection to the
630630 owner on request; and
631631 (3) the address and telephone number of the county
632632 assessor-collector.
633633 (e-3) The heading of the statement described by Subsection
634634 (e-2)(1) must be in bold, capital letters in typeset larger than
635635 that used in the other provisions of the notice.
636636 (e-4) The comptroller may adopt rules regarding the format
637637 and delivery of the notice required by Subsection (e-2).
638638 (e-5) The governing body of a taxing unit shall include as
639639 an appendix to the unit's budget for a fiscal year the worksheets
640640 used by the designated officer or employee of the unit to calculate
641641 the equivalent tax rate and the rollback tax rate of the unit for
642642 the tax year in which the fiscal year begins.
643643 (f) If as a result of consolidation of taxing units a taxing
644644 unit includes territory that was in two or more taxing units in the
645645 preceding year, the amount of taxes imposed in each in the preceding
646646 year is combined for purposes of calculating the equivalent
647647 [effective] and rollback tax rates under this section.
648648 (g) A person who owns taxable property is entitled to an
649649 injunction prohibiting the taxing unit in which the property is
650650 taxable from adopting a tax rate if the assessor or designated
651651 officer or employee of the unit, the tax rate officer of the
652652 applicable appraisal district, or the taxing unit, as applicable,
653653 has not complied with the computation, [or] publication, or posting
654654 requirements of this section or Section 26.16, 26.17, or 26.18 [and
655655 the failure to comply was not in good faith].
656656 (h-1) Notwithstanding Subsection (h), if the anticipated
657657 collection rate of a taxing unit as calculated under that
658658 subsection is lower than the lowest actual collection rate of the
659659 taxing unit for any of the preceding three years, the anticipated
660660 collection rate of the taxing unit for purposes of this section is
661661 equal to the lowest actual collection rate of the taxing unit for
662662 any of the preceding three years.
663663 (h-2) The anticipated collection rate of a taxing unit for
664664 purposes of this section is the rate calculated under Subsection
665665 (h) as modified by Subsection (h-1), if applicable, regardless of
666666 whether that rate exceeds 100 percent.
667667 (i) This subsection applies to a taxing unit that has agreed
668668 by written contract to transfer a distinct department, function, or
669669 activity to another taxing unit and discontinues operating that
670670 distinct department, function, or activity if the operation of that
671671 department, function, or activity in all or a majority of the
672672 territory of the taxing unit is continued by another existing
673673 taxing unit or by a new taxing unit. The rollback tax rate of a
674674 taxing unit to which this subsection applies in the first tax year
675675 in which a budget is adopted that does not allocate revenue to the
676676 discontinued department, function, or activity is calculated as
677677 otherwise provided by this section, except that last year's levy
678678 used to calculate the equivalent [effective] maintenance and
679679 operations rate of the unit is reduced by the amount of maintenance
680680 and operations tax revenue spent by the taxing unit to operate the
681681 department, function, or activity for the 12 months preceding the
682682 month in which the calculations required by this chapter are made
683683 and in which the unit operated the discontinued department,
684684 function, or activity. If the unit did not operate that department,
685685 function, or activity for the full 12 months preceding the month in
686686 which the calculations required by this chapter are made, the unit
687687 shall reduce last year's levy used for calculating the equivalent
688688 [effective] maintenance and operations rate of the unit by the
689689 amount of the revenue spent in the last full fiscal year in which
690690 the unit operated the discontinued department, function, or
691691 activity.
692692 (j) This subsection applies to a taxing unit that had agreed
693693 by written contract to accept the transfer of a distinct
694694 department, function, or activity from another taxing unit and
695695 operates a distinct department, function, or activity if the
696696 operation of a substantially similar department, function, or
697697 activity in all or a majority of the territory of the taxing unit
698698 has been discontinued by another taxing unit, including a dissolved
699699 taxing unit. The rollback tax rate of a taxing unit to which this
700700 subsection applies in the first tax year after the other taxing unit
701701 discontinued the substantially similar department, function, or
702702 activity in which a budget is adopted that allocates revenue to the
703703 department, function, or activity is calculated as otherwise
704704 provided by this section, except that last year's levy used to
705705 calculate the equivalent [effective] maintenance and operations
706706 rate of the unit is increased by the amount of maintenance and
707707 operations tax revenue spent by the taxing unit that discontinued
708708 operating the substantially similar department, function, or
709709 activity to operate that department, function, or activity for the
710710 12 months preceding the month in which the calculations required by
711711 this chapter are made and in which the unit operated the
712712 discontinued department, function, or activity. If the unit did
713713 not operate the discontinued department, function, or activity for
714714 the full 12 months preceding the month in which the calculations
715715 required by this chapter are made, the unit may increase last year's
716716 levy used to calculate the equivalent [effective] maintenance and
717717 operations rate by an amount not to exceed the amount of property
718718 tax revenue spent by the discontinuing unit to operate the
719719 discontinued department, function, or activity in the last full
720720 fiscal year in which the discontinuing unit operated the
721721 department, function, or activity.
722722 SECTION 26. Section 26.041, Tax Code, is amended by
723723 amending Subsections (a), (b), (c), (e), (g), and (h) and adding
724724 Subsection (c-1) to read as follows:
725725 (a) In the first year in which an additional sales and use
726726 tax is required to be collected, the equivalent [effective] tax
727727 rate and rollback tax rate for the unit are calculated according to
728728 the following formulas:
729729 EQUIVALENT [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY -
730730 LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
731731 PROPERTY VALUE)] - SALES TAX GAIN RATE
732732 and
733733 ROLLBACK TAX RATE FOR SMALL TAXING UNIT = (EQUIVALENT
734734 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE x 1.08) +
735735 CURRENT DEBT RATE - SALES TAX GAIN RATE
736736 or
737737 ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL
738738 TAXING UNIT = (EQUIVALENT MAINTENANCE AND OPERATIONS
739739 RATE x 1.04) + CURRENT DEBT RATE - SALES TAX GAIN RATE
740740 where "sales tax gain rate" means a number expressed in dollars per
741741 $100 of taxable value, calculated by dividing the revenue that will
742742 be generated by the additional sales and use tax in the following
743743 year as calculated under Subsection (d) [of this section] by the
744744 current total value.
745745 (b) Except as provided by Subsections (a) and (c) [of this
746746 section], in a year in which a taxing unit imposes an additional
747747 sales and use tax, the rollback tax rate for the unit is calculated
748748 according to the following applicable formula, regardless of
749749 whether the unit levied a property tax in the preceding year:
750750 ROLLBACK TAX RATE FOR SMALL TAXING UNIT = [(LAST YEAR'S
751751 MAINTENANCE AND OPERATIONS EXPENSE x 1.08) / ([TOTAL]
752752 CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + (CURRENT
753753 DEBT RATE - SALES TAX REVENUE RATE)
754754 or
755755 ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL
756756 TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
757757 EXPENSE x 1.04) / (CURRENT TOTAL VALUE - NEW PROPERTY
758758 VALUE)] + (CURRENT DEBT RATE - SALES TAX REVENUE RATE)
759759 where "last year's maintenance and operations expense" means the
760760 amount spent for maintenance and operations from property tax and
761761 additional sales and use tax revenues in the preceding year, and
762762 "sales tax revenue rate" means a number expressed in dollars per
763763 $100 of taxable value, calculated by dividing the revenue that will
764764 be generated by the additional sales and use tax in the current year
765765 as calculated under Subsection (d) [of this section] by the current
766766 total value.
767767 (c) In a year in which a taxing unit that has been imposing
768768 an additional sales and use tax ceases to impose an additional sales
769769 and use tax, the equivalent [effective] tax rate and rollback tax
770770 rate for the unit are calculated according to the following
771771 formulas:
772772 EQUIVALENT [EFFECTIVE] TAX RATE = [(LAST YEAR'S LEVY -
773773 LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
774774 PROPERTY VALUE)] + SALES TAX LOSS RATE
775775 [and]
776776 ROLLBACK TAX RATE FOR SMALL TAXING UNIT = [(LAST YEAR'S
777777 MAINTENANCE AND OPERATIONS EXPENSE x 1.08) / ([TOTAL]
778778 CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + CURRENT
779779 DEBT RATE
780780 and
781781 ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL
782782 TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
783783 EXPENSE x 1.04) / (CURRENT TOTAL VALUE - NEW PROPERTY
784784 VALUE)] + CURRENT DEBT RATE
785785 where "sales tax loss rate" means a number expressed in dollars per
786786 $100 of taxable value, calculated by dividing the amount of sales
787787 and use tax revenue generated in the last four quarters for which
788788 the information is available by the current total value and "last
789789 year's maintenance and operations expense" means the amount spent
790790 for maintenance and operations from property tax and additional
791791 sales and use tax revenues in the preceding year.
792792 (c-1) Notwithstanding any other provision of this section,
793793 the governing body of a taxing unit other than a small taxing unit
794794 may direct the designated officer or employee to calculate the
795795 rollback tax rate of the unit in the manner provided for a small
796796 taxing unit if any part of the unit is located in an area declared a
797797 disaster area during the current tax year by the governor or by the
798798 president of the United States.
799799 (e) If a city that imposes an additional sales and use tax
800800 receives payments under the terms of a contract executed before
801801 January 1, 1986, in which the city agrees not to annex certain
802802 property or a certain area and the owners or lessees of the property
803803 or of property in the area agree to pay at least annually to the city
804804 an amount determined by reference to all or a percentage of the
805805 property tax rate of the city and all or a part of the value of the
806806 property subject to the agreement or included in the area subject to
807807 the agreement, the governing body, by order adopted by a majority
808808 vote of the governing body, may direct the designated officer or
809809 employee to add to the equivalent [effective] and rollback tax
810810 rates the amount that, when applied to the total taxable value
811811 submitted to the governing body, would produce an amount of taxes
812812 equal to the difference between the total amount of payments for the
813813 tax year under contracts described by this subsection under the
814814 rollback tax rate calculated under this section and the total
815815 amount of payments for the tax year that would have been obligated
816816 to the city if the city had not adopted an additional sales and use
817817 tax.
818818 (g) If the rate of the additional sales and use tax is
819819 increased, the designated officer or employee shall make two
820820 projections, in the manner provided by Subsection (d) [of this
821821 section], of the revenue generated by the additional sales and use
822822 tax in the following year. The first projection must take into
823823 account the increase and the second projection must not take into
824824 account the increase. The designated officer or employee shall
825825 then subtract the amount of the result of the second projection from
826826 the amount of the result of the first projection to determine the
827827 revenue generated as a result of the increase in the additional
828828 sales and use tax. In the first year in which an additional sales
829829 and use tax is increased, the equivalent [effective] tax rate for
830830 the unit is the equivalent [effective] tax rate before the increase
831831 minus a number the numerator of which is the revenue generated as a
832832 result of the increase in the additional sales and use tax, as
833833 determined under this subsection, and the denominator of which is
834834 the current total value minus the new property value.
835835 (h) If the rate of the additional sales and use tax is
836836 decreased, the designated officer or employee shall make two
837837 projections, in the manner provided by Subsection (d) [of this
838838 section], of the revenue generated by the additional sales and use
839839 tax in the following year. The first projection must take into
840840 account the decrease and the second projection must not take into
841841 account the decrease. The designated officer or employee shall
842842 then subtract the amount of the result of the first projection from
843843 the amount of the result of the second projection to determine the
844844 revenue lost as a result of the decrease in the additional sales and
845845 use tax. In the first year in which an additional sales and use tax
846846 is decreased, the equivalent [effective] tax rate for the unit is
847847 the equivalent [effective] tax rate before the decrease plus a
848848 number the numerator of which is the revenue lost as a result of the
849849 decrease in the additional sales and use tax, as determined under
850850 this subsection, and the denominator of which is the current total
851851 value minus the new property value.
852852 SECTION 27. The heading to Section 26.043, Tax Code, is
853853 amended to read as follows:
854854 Sec. 26.043. ROLLBACK AND EQUIVALENT [EFFECTIVE] TAX RATES
855855 [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
856856 SECTION 28. Sections 26.043(a) and (b), Tax Code, are
857857 amended to read as follows:
858858 (a) In the tax year in which a city has set an election on
859859 the question of whether to impose a local sales and use tax under
860860 Subchapter H, Chapter 453, Transportation Code, the officer or
861861 employee designated to make the calculations provided by Section
862862 26.04 may not make those calculations until the outcome of the
863863 election is determined. If the election is determined in favor of
864864 the imposition of the tax, the representative shall subtract from
865865 the city's rollback and equivalent [effective] tax rates the amount
866866 that, if applied to the city's current total value, would impose an
867867 amount equal to the amount of property taxes budgeted in the current
868868 tax year to pay for expenses related to mass transit services.
869869 (b) In a tax year to which this section applies, a reference
870870 in this chapter to the city's equivalent [effective] or rollback
871871 tax rate refers to that rate as adjusted under this section.
872872 SECTION 29. The heading to Section 26.044, Tax Code, is
873873 amended to read as follows:
874874 Sec. 26.044. EQUIVALENT [EFFECTIVE] TAX RATE TO PAY FOR
875875 STATE CRIMINAL JUSTICE MANDATE.
876876 SECTION 30. Sections 26.044(a), (b), and (c), Tax Code, are
877877 amended to read as follows:
878878 (a) The first time that a county adopts a tax rate after
879879 September 1, 1991, in which the state criminal justice mandate
880880 applies to the county, the equivalent [effective] maintenance and
881881 operation rate for the county is increased by the rate calculated
882882 according to the following formula:
883883 (State Criminal Justice Mandate) / (Current Total
884884 Value - New Property Value)
885885 (b) In the second and subsequent years that a county adopts
886886 a tax rate, if the amount spent by the county for the state criminal
887887 justice mandate increased over the previous year, the equivalent
888888 [effective] maintenance and operation rate for the county is
889889 increased by the rate calculated according to the following
890890 formula:
891891 (This Year's State Criminal Justice Mandate - Previous
892892 Year's State Criminal Justice Mandate) / (Current
893893 Total Value - New Property Value)
894894 (c) The county shall include a notice of the increase in the
895895 equivalent [effective] maintenance and operation rate provided by
896896 this section, including a description and amount of the state
897897 criminal justice mandate, in the information published under
898898 Section 26.04(e) and Section 26.06(b) [of this code].
899899 SECTION 31. Sections 26.0441(a), (b), and (c), Tax Code,
900900 are amended to read as follows:
901901 (a) In the first tax year in which a taxing unit adopts a tax
902902 rate after January 1, 2000, and in which the enhanced minimum
903903 eligibility standards for indigent health care established under
904904 Section 61.006, Health and Safety Code, apply to the taxing unit,
905905 the equivalent [effective] maintenance and operations rate for the
906906 taxing unit is increased by the rate computed according to the
907907 following formula:
908908 Amount of Increase = Enhanced Indigent Health Care
909909 Expenditures / (Current Total Value - New Property
910910 Value)
911911 (b) In each subsequent tax year, if the taxing unit's
912912 enhanced indigent health care expenses exceed the amount of those
913913 expenses for the preceding year, the equivalent [effective]
914914 maintenance and operations rate for the taxing unit is increased by
915915 the rate computed according to the following formula:
916916 Amount of Increase = (Current Tax Year's Enhanced
917917 Indigent Health Care Expenditures - Preceding Tax
918918 Year's Indigent Health Care Expenditures) / (Current
919919 Total Value - New Property Value)
920920 (c) The taxing unit shall include a notice of the increase
921921 in its equivalent [effective] maintenance and operations rate
922922 provided by this section, including a brief description and the
923923 amount of the enhanced indigent health care expenditures, in the
924924 information published under Section 26.04(e) and, if applicable,
925925 Section 26.06(b).
926926 SECTION 32. Section 26.05, Tax Code, is amended by amending
927927 Subsections (a), (b), (c), (d), (e), and (g) and adding Subsections
928928 (d-1), (d-2), and (e-1) to read as follows:
929929 (a) The governing body of each taxing unit[, before the
930930 later of September 30 or the 60th day after the date the certified
931931 appraisal roll is received by the taxing unit,] shall adopt a tax
932932 rate for the current tax year and shall notify the assessor for the
933933 unit of the rate adopted. The governing body must adopt a tax rate
934934 before the later of September 30 or the 60th day after the date the
935935 certified appraisal roll is received by the taxing unit, except
936936 that the governing body must adopt a tax rate that exceeds the
937937 rollback tax rate before August 15. The tax rate consists of two
938938 components, each of which must be approved separately. The
939939 components are:
940940 (1) for a taxing unit other than a school district, the
941941 rate that, if applied to the total taxable value, will impose the
942942 total amount published under Section 26.04(e)(3)(C), less any
943943 amount of additional sales and use tax revenue that will be used to
944944 pay debt service, or, for a school district, the rate calculated
945945 under Section 44.004(c)(5)(A)(ii)(b), Education Code; and
946946 (2) the rate that, if applied to the total taxable
947947 value, will impose the amount of taxes needed to fund maintenance
948948 and operation expenditures of the unit for the next year.
949949 (b) A taxing unit may not impose property taxes in any year
950950 until the governing body has adopted a tax rate for that year, and
951951 the annual tax rate must be set by ordinance, resolution, or order,
952952 depending on the method prescribed by law for adoption of a law by
953953 the governing body. The vote on the ordinance, resolution, or order
954954 setting the tax rate must be separate from the vote adopting the
955955 budget. For a taxing unit other than a school district, the vote on
956956 the ordinance, resolution, or order setting a tax rate that exceeds
957957 the equivalent [effective] tax rate must be a record vote, and at
958958 least 60 percent of the members of the governing body must vote in
959959 favor of the ordinance, resolution, or order. For a school
960960 district, the vote on the ordinance, resolution, or order setting a
961961 tax rate that exceeds the sum of the equivalent [effective]
962962 maintenance and operations tax rate of the district as determined
963963 under Section 26.08(i) and the district's current debt rate must be
964964 a record vote, and at least 60 percent of the members of the
965965 governing body must vote in favor of the ordinance, resolution, or
966966 order. A motion to adopt an ordinance, resolution, or order setting
967967 a tax rate that exceeds the equivalent [effective] tax rate must be
968968 made in the following form: "I move that the property tax rate be
969969 increased by the adoption of a tax rate of (specify tax rate), which
970970 is effectively a (insert percentage by which the proposed tax rate
971971 exceeds the equivalent [effective] tax rate) percent increase in
972972 the tax rate." If the ordinance, resolution, or order sets a tax
973973 rate that, if applied to the total taxable value, will impose an
974974 amount of taxes to fund maintenance and operation expenditures of
975975 the taxing unit that exceeds the amount of taxes imposed for that
976976 purpose in the preceding year, the taxing unit must:
977977 (1) include in the ordinance, resolution, or order in
978978 type larger than the type used in any other portion of the document:
979979 (A) the following statement: "THIS TAX RATE WILL
980980 RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S
981981 TAX RATE."; and
982982 (B) if the tax rate exceeds the equivalent
983983 [effective] maintenance and operations rate, the following
984984 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
985985 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE EQUIVALENT [EFFECTIVE]
986986 MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR
987987 MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY
988988 $(Insert amount)."; and
989989 (2) include on the home page of the [any] Internet
990990 website of [operated by] the unit:
991991 (A) the following statement: "(Insert name of
992992 unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE
993993 AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and
994994 (B) if the tax rate exceeds the equivalent
995995 [effective] maintenance and operations rate, the following
996996 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
997997 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE EQUIVALENT [EFFECTIVE]
998998 MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR
999999 MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY
10001000 $(Insert amount)."
10011001 (c) If the governing body of a taxing unit does not adopt a
10021002 tax rate before the date required by Subsection (a), the tax rate
10031003 for the taxing unit for that tax year is the lower of the equivalent
10041004 [effective] tax rate calculated for that tax year or the tax rate
10051005 adopted by the taxing unit for the preceding tax year. A tax rate
10061006 established by this subsection is treated as an adopted tax rate.
10071007 Before the fifth day after the establishment of a tax rate by this
10081008 subsection, the governing body of the taxing unit must ratify the
10091009 applicable tax rate in the manner required by Subsection (b).
10101010 (d) The governing body of a taxing unit other than a school
10111011 district may not adopt a tax rate that exceeds the lower of the
10121012 rollback tax rate or the equivalent [effective] tax rate calculated
10131013 as provided by this chapter until the governing body has held two
10141014 public hearings on the proposed tax rate and has otherwise complied
10151015 with Section 26.06 and Section 26.065. The governing body of a
10161016 taxing unit shall reduce a tax rate set by law or by vote of the
10171017 electorate to the lower of the rollback tax rate or the equivalent
10181018 [effective] tax rate and may not adopt a higher rate unless it first
10191019 complies with Section 26.06.
10201020 (d-1) The governing body of a taxing unit may not hold a
10211021 public hearing on a proposed tax rate or a public meeting to adopt a
10221022 tax rate until the 14th day after the date the officer or employee
10231023 designated by the governing body of the unit to calculate the
10241024 equivalent tax rate and the rollback tax rate for the unit complies
10251025 with Section 26.17.
10261026 (d-2) Notwithstanding Subsection (a), the governing body of
10271027 a taxing unit other than a school district may not adopt a tax rate
10281028 until:
10291029 (1) the tax rate officer of each appraisal district in
10301030 which the taxing unit participates has delivered the notice
10311031 required by Section 26.04(e-2);
10321032 (2) the designated officer or employee of the taxing
10331033 unit has:
10341034 (A) entered in the real-time tax rate database
10351035 maintained by the tax rate officer the information described by
10361036 Section 26.17(b) for the current tax year; and
10371037 (B) incorporated the completed tax rate
10381038 calculation forms prepared under Section 26.04(d-1) into the
10391039 real-time tax rate database maintained by the tax rate officer; and
10401040 (3) the taxing unit has posted the information
10411041 described by Section 26.18 on the Internet website used by the
10421042 taxing unit for that purpose.
10431043 (e) A person who owns taxable property is entitled to an
10441044 injunction restraining the collection of taxes by a taxing unit in
10451045 which the property is taxable if the taxing unit has not complied
10461046 with the requirements of this section or Section 26.04 [and the
10471047 failure to comply was not in good faith]. An action to enjoin the
10481048 collection of taxes must be filed not later than the 15th day after
10491049 the date the taxing unit adopts a tax rate. A property owner is not
10501050 required to pay the taxes imposed by a taxing unit on the owner's
10511051 property while an action filed by the property owner to enjoin the
10521052 collection of taxes imposed by the taxing unit on the owner's
10531053 property is pending. If the property owner pays the taxes and
10541054 subsequently prevails in the action, the property owner is entitled
10551055 to a refund of the taxes paid, together with reasonable attorney's
10561056 fees and court costs. The property owner is not required to apply
10571057 to the collector for the taxing unit to receive the refund [prior to
10581058 the date a taxing unit delivers substantially all of its tax bills].
10591059 (e-1) The governing body of a taxing unit that imposes an
10601060 additional sales and use tax may not adopt the component of the tax
10611061 rate of the unit described by Subsection (a)(1) of this section
10621062 until the chief financial officer or the auditor for the unit
10631063 submits to the governing body of the unit a written certification
10641064 that the amount of additional sales and use tax revenue that will be
10651065 used to pay debt service has been deducted from the total amount
10661066 published under Section 26.04(e)(3)(C) as required by Subsection
10671067 (a)(1) of this section. The comptroller shall adopt rules
10681068 governing the form of the certification required by this subsection
10691069 and the manner in which it is required to be submitted.
10701070 (g) Notwithstanding Subsection (a), the governing body of a
10711071 school district that elects to adopt a tax rate before the adoption
10721072 of a budget for the fiscal year that begins in the current tax year
10731073 may adopt a tax rate for the current tax year before receipt of the
10741074 certified appraisal roll for the school district if the chief
10751075 appraiser of the appraisal district in which the school district
10761076 participates has certified to the assessor for the school district
10771077 an estimate of the taxable value of property in the school district
10781078 as provided by Section 26.01(e). If a school district adopts a tax
10791079 rate under this subsection, the equivalent [effective] tax rate and
10801080 the rollback tax rate of the district shall be calculated based on
10811081 the certified estimate of taxable value.
10821082 SECTION 33. Sections 26.052(c) and (e), Tax Code, are
10831083 amended to read as follows:
10841084 (c) A taxing unit to which this section applies may provide
10851085 public notice of its proposed tax rate in one [either] of the
10861086 following methods not later than the seventh day before the date on
10871087 which the tax rate is adopted:
10881088 (1) mailing a notice of the proposed tax rate to each
10891089 owner of taxable property in the taxing unit; [or]
10901090 (2) publishing notice of the proposed tax rate in the
10911091 legal notices section of a newspaper having general circulation in
10921092 the taxing unit; or
10931093 (3) posting notice of the proposed tax rate
10941094 prominently on the home page of the Internet website maintained by
10951095 the taxing unit, if applicable.
10961096 (e) Public notice provided under Subsection (c) must
10971097 specify:
10981098 (1) the tax rate that the governing body proposes to
10991099 adopt;
11001100 (2) the date, time, and location of the meeting of the
11011101 governing body of the taxing unit at which the governing body will
11021102 consider adopting the proposed tax rate; and
11031103 (3) if the proposed tax rate for the taxing unit
11041104 exceeds the unit's equivalent [effective] tax rate calculated as
11051105 provided by Section 26.04, a statement substantially identical to
11061106 the following: "The proposed tax rate would increase total taxes in
11071107 (name of taxing unit) by (percentage by which the proposed tax rate
11081108 exceeds the equivalent [effective] tax rate)."
11091109 SECTION 34. Section 26.06, Tax Code, is amended by amending
11101110 Subsections (b), (c), (d), and (e) and adding Subsections (b-1),
11111111 (b-2), (b-3), (b-4), (b-5), (b-6), and (b-7) to read as follows:
11121112 (b) The notice of a public hearing may not be smaller than
11131113 one-quarter page of a standard-size or a tabloid-size newspaper,
11141114 and the headline on the notice must be in 24-point or larger type.
11151115 [The notice must contain a statement in the following form:
11161116 ["NOTICE OF PUBLIC HEARING ON TAX INCREASE
11171117 ["The (name of the taxing unit) will hold two public hearings
11181118 on a proposal to increase total tax revenues from properties on the
11191119 tax roll in the preceding tax year by (percentage by which proposed
11201120 tax rate exceeds lower of rollback tax rate or effective tax rate
11211121 calculated under this chapter) percent. Your individual taxes may
11221122 increase at a greater or lesser rate, or even decrease, depending on
11231123 the change in the taxable value of your property in relation to the
11241124 change in taxable value of all other property and the tax rate that
11251125 is adopted.
11261126 ["The first public hearing will be held on (date and time) at
11271127 (meeting place).
11281128 ["The second public hearing will be held on (date and time) at
11291129 (meeting place).
11301130 ["(Names of all members of the governing body, showing how
11311131 each voted on the proposal to consider the tax increase or, if one
11321132 or more were absent, indicating the absences.)
11331133 ["The average taxable value of a residence homestead in (name
11341134 of taxing unit) last year was $____ (average taxable value of a
11351135 residence homestead in the taxing unit for the preceding tax year,
11361136 disregarding residence homestead exemptions available only to
11371137 disabled persons or persons 65 years of age or older). Based on
11381138 last year's tax rate of $____ (preceding year's adopted tax rate)
11391139 per $100 of taxable value, the amount of taxes imposed last year on
11401140 the average home was $____ (tax on average taxable value of a
11411141 residence homestead in the taxing unit for the preceding tax year,
11421142 disregarding residence homestead exemptions available only to
11431143 disabled persons or persons 65 years of age or older).
11441144 ["The average taxable value of a residence homestead in (name
11451145 of taxing unit) this year is $____ (average taxable value of a
11461146 residence homestead in the taxing unit for the current tax year,
11471147 disregarding residence homestead exemptions available only to
11481148 disabled persons or persons 65 years of age or older). If the
11491149 governing body adopts the effective tax rate for this year of $____
11501150 (effective tax rate) per $100 of taxable value, the amount of taxes
11511151 imposed this year on the average home would be $____ (tax on average
11521152 taxable value of a residence homestead in the taxing unit for the
11531153 current tax year, disregarding residence homestead exemptions
11541154 available only to disabled persons or persons 65 years of age or
11551155 older).
11561156 ["If the governing body adopts the proposed tax rate of $____
11571157 (proposed tax rate) per $100 of taxable value, the amount of taxes
11581158 imposed this year on the average home would be $____ (tax on the
11591159 average taxable value of a residence in the taxing unit for the
11601160 current year disregarding residence homestead exemptions available
11611161 only to disabled persons or persons 65 years of age or older).
11621162 ["Members of the public are encouraged to attend the hearings
11631163 and express their views."]
11641164 (b-1) This subsection and Subsections (b-2) and (b-3) apply
11651165 only to a small taxing unit. If the proposed tax rate exceeds the
11661166 equivalent tax rate and the rollback tax rate of the taxing unit,
11671167 the notice must contain a statement in the following form:
11681168 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
11691169 "PROPOSED TAX RATE $__________per $100
11701170 "EQUIVALENT TAX RATE $__________per $100
11711171 "ROLLBACK TAX RATE $__________per $100
11721172 "The equivalent tax rate is the tax rate for the (current tax
11731173 year) tax year that will raise the same amount of property tax
11741174 revenue for (name of taxing unit) from the same properties in both
11751175 the (preceding tax year) tax year and the (current tax year) tax
11761176 year.
11771177 "The rollback tax rate is the highest tax rate that (name of
11781178 taxing unit) may adopt before the voters by petition may require
11791179 that an election be held to determine whether or not to reduce the
11801180 tax rate to the rollback tax rate.
11811181 "The proposed tax rate is greater than the equivalent tax
11821182 rate. This means that (name of taxing unit) is proposing to
11831183 increase property taxes for the (current tax year) tax year.
11841184 "A public hearing on the proposed tax rate will be held on
11851185 (date and time) at (meeting place).
11861186 "A second public hearing will be held on (date and time) at
11871187 (meeting place).
11881188 "The proposed tax rate is also greater than the rollback tax
11891189 rate. If (name of taxing unit) adopts the proposed tax rate, the
11901190 voters by petition may require that an election be held to determine
11911191 whether or not to reduce the tax rate to the rollback tax rate. The
11921192 requirements for a petition may be found in Sections 26.07 and
11931193 26.081, Tax Code.
11941194 "Your taxes owed under any of the tax rates mentioned above
11951195 can be calculated as follows:
11961196 "Property tax amount = tax rate x taxable value of your
11971197 property / 100
11981198 "(Names of all members of the governing body, showing how
11991199 each voted on the proposal to consider the tax increase or, if one
12001200 or more were absent, indicating the absences.)"
12011201 (b-2) If the proposed tax rate exceeds the equivalent tax
12021202 rate but does not exceed the rollback tax rate of the taxing unit,
12031203 the notice must contain a statement in the following form:
12041204 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
12051205 "PROPOSED TAX RATE $__________per $100
12061206 "EQUIVALENT TAX RATE $__________per $100
12071207 "ROLLBACK TAX RATE $__________per $100
12081208 "The equivalent tax rate is the tax rate for the (current tax
12091209 year) tax year that will raise the same amount of property tax
12101210 revenue for (name of taxing unit) from the same properties in both
12111211 the (preceding tax year) tax year and the (current tax year) tax
12121212 year.
12131213 "The rollback tax rate is the highest tax rate that (name of
12141214 taxing unit) may adopt before the voters by petition may require
12151215 that an election be held to determine whether or not to reduce the
12161216 tax rate to the rollback tax rate.
12171217 "The proposed tax rate is greater than the equivalent tax
12181218 rate. This means that (name of taxing unit) is proposing to
12191219 increase property taxes for the (current tax year) tax year.
12201220 "A public hearing on the proposed tax rate will be held on
12211221 (date and time) at (meeting place).
12221222 "A second public hearing will be held on (date and time) at
12231223 (meeting place).
12241224 "The proposed tax rate is not greater than the rollback tax
12251225 rate. As a result, the voters may not petition for an election to be
12261226 held to determine whether or not to reduce the tax rate to the
12271227 rollback tax rate. However, you may express your support for or
12281228 opposition to the proposed tax rate by contacting the members of the
12291229 (name of governing body) of (name of taxing unit) at their offices
12301230 or by attending one of the public hearings mentioned above.
12311231 "Your taxes owed under any of the tax rates mentioned above
12321232 can be calculated as follows:
12331233 "Property tax amount = tax rate x taxable value of your
12341234 property / 100
12351235 "(Names of all members of the governing body, showing how
12361236 each voted on the proposal to consider the tax increase or, if one
12371237 or more were absent, indicating the absences.)"
12381238 (b-3) If the proposed tax rate does not exceed the
12391239 equivalent tax rate but exceeds the rollback tax rate of the taxing
12401240 unit, the notice must contain a statement in the following form:
12411241 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
12421242 "PROPOSED TAX RATE $__________per $100
12431243 "EQUIVALENT TAX RATE $__________per $100
12441244 "ROLLBACK TAX RATE $__________per $100
12451245 "The equivalent tax rate is the tax rate for the (current tax
12461246 year) tax year that will raise the same amount of property tax
12471247 revenue for (name of taxing unit) from the same properties in both
12481248 the (preceding tax year) tax year and the (current tax year) tax
12491249 year.
12501250 "The rollback tax rate is the highest tax rate that (name of
12511251 taxing unit) may adopt before the voters by petition may require
12521252 that an election be held to determine whether or not to reduce the
12531253 tax rate to the rollback tax rate.
12541254 "The proposed tax rate is not greater than the equivalent tax
12551255 rate. This means that (name of taxing unit) is not proposing to
12561256 increase property taxes for the (current tax year) tax year.
12571257 "A public hearing on the proposed tax rate will be held on
12581258 (date and time) at (meeting place).
12591259 "A second public hearing will be held on (date and time) at
12601260 (meeting place).
12611261 "The proposed tax rate is greater than the rollback tax rate.
12621262 If (name of taxing unit) adopts the proposed tax rate, the voters by
12631263 petition may require that an election be held to determine whether
12641264 or not to reduce the tax rate to the rollback tax rate. The
12651265 requirements for a petition may be found in Sections 26.07 and
12661266 26.081, Tax Code.
12671267 "Your taxes owed under any of the tax rates mentioned above
12681268 can be calculated as follows:
12691269 "Property tax amount = tax rate x taxable value of your
12701270 property / 100
12711271 "(Names of all members of the governing body, showing how
12721272 each voted on the proposal to consider the tax increase or, if one
12731273 or more were absent, indicating the absences.)"
12741274 (b-4) This subsection and Subsections (b-5) and (b-6) apply
12751275 only to a taxing unit other than a small taxing unit. If the
12761276 proposed tax rate exceeds the equivalent tax rate and the rollback
12771277 tax rate of the taxing unit, the notice must contain a statement in
12781278 the following form:
12791279 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
12801280 "PROPOSED TAX RATE $__________per $100
12811281 "EQUIVALENT TAX RATE $__________per $100
12821282 "ROLLBACK TAX RATE $__________per $100
12831283 "The equivalent tax rate is the tax rate for the (current tax
12841284 year) tax year that will raise the same amount of property tax
12851285 revenue for (name of taxing unit) from the same properties in both
12861286 the (preceding tax year) tax year and the (current tax year) tax
12871287 year.
12881288 "The rollback tax rate is the highest tax rate that (name of
12891289 taxing unit) may adopt without holding an election to ratify the
12901290 rate.
12911291 "The proposed tax rate is greater than the equivalent tax
12921292 rate. This means that (name of taxing unit) is proposing to
12931293 increase property taxes for the (current tax year) tax year.
12941294 "A public hearing on the proposed tax rate will be held on
12951295 (date and time) at (meeting place).
12961296 "A second public hearing will be held on (date and time) at
12971297 (meeting place).
12981298 "The proposed tax rate is also greater than the rollback tax
12991299 rate. If (name of taxing unit) adopts the proposed tax rate, (name
13001300 of taxing unit) is required to hold an election so that the voters
13011301 may accept or reject the proposed tax rate. If a majority of the
13021302 voters reject the proposed tax rate, the (name of taxing unit) will
13031303 be required to adopt a new tax rate that is not greater than the
13041304 rollback tax rate. The election will be held on (date of election).
13051305 You may contact the (name of office responsible for administering
13061306 the election) for information about voting locations. The hours of
13071307 voting on election day are (voting hours).
13081308 "Your taxes owed under any of the tax rates mentioned above
13091309 can be calculated as follows:
13101310 "Property tax amount = tax rate x taxable value of your
13111311 property / 100
13121312 "(Names of all members of the governing body, showing how
13131313 each voted on the proposal to consider the tax increase or, if one
13141314 or more were absent, indicating the absences.)"
13151315 (b-5) If the proposed tax rate exceeds the equivalent tax
13161316 rate but does not exceed the rollback tax rate of the taxing unit,
13171317 the notice must contain a statement in the following form:
13181318 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
13191319 "PROPOSED TAX RATE $__________per $100
13201320 "EQUIVALENT TAX RATE $__________per $100
13211321 "ROLLBACK TAX RATE $__________per $100
13221322 "The equivalent tax rate is the tax rate for the (current tax
13231323 year) tax year that will raise the same amount of property tax
13241324 revenue for (name of taxing unit) from the same properties in both
13251325 the (preceding tax year) tax year and the (current tax year) tax
13261326 year.
13271327 "The rollback tax rate is the highest tax rate that (name of
13281328 taxing unit) may adopt without holding an election to ratify the
13291329 rate.
13301330 "The proposed tax rate is greater than the equivalent tax
13311331 rate. This means that (name of taxing unit) is proposing to
13321332 increase property taxes for the (current tax year) tax year.
13331333 "A public hearing on the proposed tax rate will be held on
13341334 (date and time) at (meeting place).
13351335 "A second public hearing will be held on (date and time) at
13361336 (meeting place).
13371337 "The proposed tax rate is not greater than the rollback tax
13381338 rate. As a result, (name of taxing unit) is not required to hold an
13391339 election at which voters may accept or reject the proposed tax rate.
13401340 However, you may express your support for or opposition to the
13411341 proposed tax rate by contacting the members of the (name of
13421342 governing body) of (name of taxing unit) at their offices or by
13431343 attending one of the public hearings mentioned above.
13441344 "Your taxes owed under any of the tax rates mentioned above
13451345 can be calculated as follows:
13461346 "Property tax amount = tax rate x taxable value of your
13471347 property / 100
13481348 "(Names of all members of the governing body, showing how
13491349 each voted on the proposal to consider the tax increase or, if one
13501350 or more were absent, indicating the absences.)"
13511351 (b-6) If the proposed tax rate does not exceed the
13521352 equivalent tax rate but exceeds the rollback tax rate of the taxing
13531353 unit, the notice must contain a statement in the following form:
13541354 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
13551355 "PROPOSED TAX RATE $__________per $100
13561356 "EQUIVALENT TAX RATE $__________per $100
13571357 "ROLLBACK TAX RATE $__________per $100
13581358 "The equivalent tax rate is the tax rate for the (current tax
13591359 year) tax year that will raise the same amount of property tax
13601360 revenue for (name of taxing unit) from the same properties in both
13611361 the (preceding tax year) tax year and the (current tax year) tax
13621362 year.
13631363 "The rollback tax rate is the highest tax rate that (name of
13641364 taxing unit) may adopt without holding an election to ratify the
13651365 rate.
13661366 "The proposed tax rate is not greater than the equivalent tax
13671367 rate. This means that (name of taxing unit) is not proposing to
13681368 increase property taxes for the (current tax year) tax year.
13691369 "A public hearing on the proposed tax rate will be held on
13701370 (date and time) at (meeting place).
13711371 "A second public hearing will be held on (date and time) at
13721372 (meeting place).
13731373 "The proposed tax rate is greater than the rollback tax rate.
13741374 If (name of taxing unit) adopts the proposed tax rate, (name of
13751375 taxing unit) is required to hold an election so that the voters may
13761376 accept or reject the proposed tax rate. If a majority of the voters
13771377 reject the proposed tax rate, the (name of taxing unit) will be
13781378 required to adopt a new tax rate that is not greater than the
13791379 rollback tax rate. The election will be held on (date of election).
13801380 You may contact the (name of office responsible for administering
13811381 the election) for information about voting locations. The hours of
13821382 voting on election day are (voting hours).
13831383 "Your taxes owed under any of the tax rates mentioned above
13841384 can be calculated as follows:
13851385 "Property tax amount = tax rate x taxable value of your
13861386 property / 100
13871387 "(Names of all members of the governing body, showing how
13881388 each voted on the proposal to consider the tax increase or, if one
13891389 or more were absent, indicating the absences.)"
13901390 (b-7) In addition to including the information described by
13911391 Subsection (b-1), (b-2), (b-3), (b-4), (b-5), or (b-6), as
13921392 applicable, the notice must include the information described by
13931393 Section 26.062.
13941394 (c) The notice of a public hearing under this section may be
13951395 delivered by mail to each property owner in the unit, [or may be]
13961396 published in a newspaper, or posted prominently on the home page of
13971397 the Internet website of the unit. If the notice is published in a
13981398 newspaper, it may not be in the part of the paper in which legal
13991399 notices and classified advertisements appear. If the taxing unit
14001400 posts the notice on [operates] an Internet website operated by the
14011401 unit, the notice must be posted on the website from the date the
14021402 notice is first posted [published] until the second public hearing
14031403 is concluded.
14041404 (d) At the public hearings the governing body shall announce
14051405 the date, time, and place of the meeting at which it will vote on the
14061406 proposed tax rate. After each hearing the governing body shall give
14071407 notice of the meeting at which it will vote on the proposed tax rate
14081408 and the notice shall be in the same form as prescribed by
14091409 Subsections (b) and (c), except that it must state the following:
14101410 "NOTICE OF TAX REVENUE INCREASE
14111411 "The (name of the taxing unit) conducted public hearings on
14121412 (date of first hearing) and (date of second hearing) on a proposal
14131413 to increase the total tax revenues of the (name of the taxing unit)
14141414 from properties on the tax roll in the preceding year by (percentage
14151415 by which proposed tax rate exceeds lower of rollback tax rate or
14161416 equivalent [effective] tax rate calculated under this chapter)
14171417 percent.
14181418 "The total tax revenue proposed to be raised last year at last
14191419 year's tax rate of (insert tax rate for the preceding year) for each
14201420 $100 of taxable value was (insert total amount of taxes imposed in
14211421 the preceding year).
14221422 "The total tax revenue proposed to be raised this year at the
14231423 proposed tax rate of (insert proposed tax rate) for each $100 of
14241424 taxable value, excluding tax revenue to be raised from new property
14251425 added to the tax roll this year, is (insert amount computed by
14261426 multiplying proposed tax rate by the difference between current
14271427 total value and new property value).
14281428 "The total tax revenue proposed to be raised this year at the
14291429 proposed tax rate of (insert proposed tax rate) for each $100 of
14301430 taxable value, including tax revenue to be raised from new property
14311431 added to the tax roll this year, is (insert amount computed by
14321432 multiplying proposed tax rate by current total value).
14331433 "The (governing body of the taxing unit) is scheduled to vote
14341434 on the tax rate that will result in that tax increase at a public
14351435 meeting to be held on (date of meeting) at (location of meeting,
14361436 including mailing address) at (time of meeting).
14371437 "The (governing body of the taxing unit) proposes to use the
14381438 increase in total tax revenue for the purpose of (description of
14391439 purpose of increase)."
14401440 (e) The meeting to vote on the tax increase may not be
14411441 earlier than the third day or later than the seventh [14th] day
14421442 after the date of the second public hearing. The meeting must be
14431443 held inside the boundaries of the taxing unit in a publicly owned
14441444 building or, if a suitable publicly owned building is not
14451445 available, in a suitable building to which the public normally has
14461446 access. If the governing body does not adopt a tax rate that
14471447 exceeds the lower of the rollback tax rate or the equivalent
14481448 [effective] tax rate by the seventh [14th] day, it must give a new
14491449 notice under Subsection (d) before it may adopt a rate that exceeds
14501450 the lower of the rollback tax rate or the equivalent [effective] tax
14511451 rate.
14521452 SECTION 35. Chapter 26, Tax Code, is amended by adding
14531453 Sections 26.061 and 26.062 to read as follows:
14541454 Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE
14551455 THAT DOES NOT EXCEED LOWER OF EQUIVALENT OR ROLLBACK TAX RATE. (a)
14561456 This section applies only to the governing body of a taxing unit
14571457 other than a school district that proposes to adopt a tax rate that
14581458 does not exceed the lower of the equivalent tax rate or the rollback
14591459 tax rate calculated as provided by this chapter.
14601460 (b) The notice of the meeting at which the governing body of
14611461 the taxing unit will vote on the proposed tax rate must contain a
14621462 statement in the following form:
14631463 "NOTICE OF MEETING TO VOTE ON TAX RATE
14641464 "PROPOSED TAX RATE $__________per $100
14651465 "EQUIVALENT TAX RATE $__________per $100
14661466 "ROLLBACK TAX RATE $__________per $100
14671467 "The equivalent tax rate is the tax rate for the (current tax
14681468 year) tax year that will raise the same amount of property tax
14691469 revenue for (name of taxing unit) from the same properties in both
14701470 the (preceding tax year) tax year and the (current tax year) tax
14711471 year.
14721472 "The rollback tax rate is the highest tax rate that (name of
14731473 taxing unit) may adopt (insert "before the voters are entitled to
14741474 petition for an election to limit the rate that may be approved to
14751475 the rollback tax rate" if Section 26.07 applies or "without holding
14761476 an election to ratify the rate" if Section 26.08 applies).
14771477 "The proposed tax rate is not greater than the equivalent tax
14781478 rate. This means that (name of taxing unit) is not proposing to
14791479 increase property taxes for the (current tax year) tax year.
14801480 "A public meeting to vote on the proposed tax rate will be
14811481 held on (date and time) at (meeting place).
14821482 "The proposed tax rate is also not greater than the rollback
14831483 tax rate. As a result, (insert "the voters are not entitled to
14841484 petition for an election to limit the rate that may be approved to
14851485 the rollback tax rate" if Section 26.07 applies or "(name of taxing
14861486 unit) is not required to hold an election to ratify the rate" if
14871487 Section 26.08 applies). However, you may express your support for
14881488 or opposition to the proposed tax rate by contacting the members of
14891489 the (name of governing body) of (name of taxing unit) at their
14901490 offices or by attending the public meeting mentioned above.
14911491 "Your taxes owed under any of the above rates can be
14921492 calculated as follows:
14931493 "Property tax amount = tax rate x taxable value of your
14941494 property / 100
14951495 "(Names of all members of the governing body, showing how
14961496 each voted on the proposed tax rate or, if one or more were absent,
14971497 indicating the absences.)"
14981498 (c) In addition to including the information described by
14991499 Subsection (b), the notice must include the information described
15001500 by Section 26.062.
15011501 Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX
15021502 RATE NOTICE. (a) In addition to the information described by
15031503 Section 26.06(b-1), (b-2), (b-3), (b-4), (b-5), or (b-6) or 26.061,
15041504 as applicable, a notice required by that provision must include at
15051505 the end of the notice:
15061506 (1) a statement in the following form:
15071507 "The following table compares the taxes imposed on the
15081508 average residence homestead by (name of taxing unit) last year to
15091509 the taxes proposed to be imposed on the average residence homestead
15101510 by (name of taxing unit) this year:";
15111511 (2) a table in the form required by this section
15121512 following the statement described by Subdivision (1); and
15131513 (3) a statement in the following form following the
15141514 table:
15151515 (A) if the tax assessor for the taxing unit
15161516 maintains an Internet website: "For assistance with tax
15171517 calculations, please contact the tax assessor for (name of taxing
15181518 unit) at (telephone number) or (e-mail address), or visit (Internet
15191519 website address) for more information."; or
15201520 (B) if the tax assessor for the taxing unit does
15211521 not maintain an Internet website: "For assistance with tax
15221522 calculations, please contact the tax assessor for (name of taxing
15231523 unit) at (telephone number) or (e-mail address)."
15241524 (b) The table must contain five rows and four columns.
15251525 (c) The first row must appear as follows:
15261526 (1) the first column of the first row must be left
15271527 blank;
15281528 (2) the second column of the first row must state the
15291529 year corresponding to the preceding tax year;
15301530 (3) the third column of the first row must state the
15311531 year corresponding to the current tax year; and
15321532 (4) the fourth column of the first row must be entitled
15331533 "Change".
15341534 (d) The second row must appear as follows:
15351535 (1) the first column of the second row must be entitled
15361536 "Total tax rate (per $100 of value)";
15371537 (2) the second column of the second row must state the
15381538 adopted tax rate for the preceding tax year;
15391539 (3) the third column of the second row must state the
15401540 proposed tax rate for the current tax year; and
15411541 (4) the fourth column of the second row must state the
15421542 nominal and percentage difference between the adopted tax rate for
15431543 the preceding tax year and the proposed tax rate for the current tax
15441544 year as follows: "(increase or decrease, as applicable) of
15451545 (nominal difference between tax rate stated in second column of
15461546 second row and tax rate stated in third column of second row) per
15471547 $100, or (percentage difference between tax rate stated in second
15481548 column of second row and tax rate stated in third column of second
15491549 row)%".
15501550 (e) The third row must appear as follows:
15511551 (1) the first column of the third row must be entitled
15521552 "Average homestead taxable value";
15531553 (2) the second column of the third row must state the
15541554 average taxable value of a residence homestead in the taxing unit
15551555 for the preceding tax year;
15561556 (3) the third column of the third row must state the
15571557 average taxable value of a residence homestead in the taxing unit
15581558 for the current tax year; and
15591559 (4) the fourth column of the third row must state the
15601560 percentage difference between the average taxable value of a
15611561 residence homestead in the taxing unit for the preceding tax year
15621562 and the average taxable value of a residence homestead in the taxing
15631563 unit for the current tax year as follows: "(increase or decrease,
15641564 as applicable) of (percentage difference between amount stated in
15651565 second column of third row and amount stated in third column of
15661566 third row)%".
15671567 (f) The fourth row must appear as follows:
15681568 (1) the first column of the fourth row must be entitled
15691569 "Tax on average homestead";
15701570 (2) the second column of the fourth row must state the
15711571 amount of taxes imposed by the taxing unit in the preceding tax year
15721572 on a residence homestead with a taxable value equal to the average
15731573 taxable value of a residence homestead in the taxing unit in the
15741574 preceding tax year;
15751575 (3) the third column of the fourth row must state the
15761576 amount of taxes that would be imposed by the taxing unit in the
15771577 current tax year on a residence homestead with a taxable value equal
15781578 to the average taxable value of a residence homestead in the taxing
15791579 unit in the current tax year if the taxing unit adopted the proposed
15801580 tax rate; and
15811581 (4) the fourth column of the fourth row must state the
15821582 nominal and percentage difference between the amount of taxes
15831583 imposed by the taxing unit in the preceding tax year on a residence
15841584 homestead with a taxable value equal to the average taxable value of
15851585 a residence homestead in the taxing unit in the preceding tax year
15861586 and the amount of taxes that would be imposed by the taxing unit in
15871587 the current tax year on a residence homestead with a taxable value
15881588 equal to the average taxable value of a residence homestead in the
15891589 taxing unit in the current tax year if the taxing unit adopted the
15901590 proposed tax rate, as follows: "(increase or decrease, as
15911591 applicable) of (nominal difference between amount stated in second
15921592 column of fourth row and amount stated in third column of fourth
15931593 row), or (percentage difference between amount stated in second
15941594 column of fourth row and amount stated in third column of fourth
15951595 row)%".
15961596 (g) The fifth row must appear as follows:
15971597 (1) the first column of the fifth row must be entitled
15981598 "Total tax levy on all properties";
15991599 (2) the second column of the fifth row must state the
16001600 amount equal to last year's levy;
16011601 (3) the third column of the fifth row must state the
16021602 amount computed by multiplying the proposed tax rate by the current
16031603 total value and dividing the product by 100; and
16041604 (4) the fourth column of the fifth row must state the
16051605 nominal and percentage difference between the total amount of taxes
16061606 imposed by the taxing unit in the preceding tax year and the amount
16071607 that would be imposed by the taxing unit in the current tax year if
16081608 the taxing unit adopted the proposed tax rate, as follows:
16091609 "(increase or decrease, as applicable) of (nominal difference
16101610 between amount stated in second column of fifth row and amount
16111611 stated in third column of fifth row), or (percentage difference
16121612 between amount stated in second column of fifth row and amount
16131613 stated in third column of fifth row)%".
16141614 (h) In calculating the average taxable value of a residence
16151615 homestead in the taxing unit for the preceding tax year and the
16161616 current tax year for purposes of Subsections (e) and (f), any
16171617 residence homestead exemption available only to disabled persons,
16181618 persons 65 years of age or older, or their surviving spouses must be
16191619 disregarded.
16201620 SECTION 36. Section 26.065(b), Tax Code, is amended to read
16211621 as follows:
16221622 (b) The [If the] taxing unit [owns, operates, or controls an
16231623 Internet website, the unit] shall post notice of the public hearing
16241624 prominently on the home page of the Internet website of the unit
16251625 continuously for at least seven days immediately before the public
16261626 hearing on the proposed tax rate increase and at least seven days
16271627 immediately before the date of the vote proposing the increase in
16281628 the tax rate.
16291629 SECTION 37. The heading to Section 26.07, Tax Code, is
16301630 amended to read as follows:
16311631 Sec. 26.07. ELECTION TO REDUCE TAX RATE OF SMALL TAXING UNIT
16321632 [REPEAL INCREASE].
16331633 SECTION 38. Sections 26.07(a) and (b), Tax Code, are
16341634 amended to read as follows:
16351635 (a) If the governing body of a small taxing unit [other than
16361636 a school district] adopts a tax rate that exceeds the taxing unit's
16371637 rollback tax rate calculated as provided by this chapter, the
16381638 qualified voters of the taxing unit by petition may require that an
16391639 election be held to determine whether or not to reduce the tax rate
16401640 adopted for the current year to the rollback tax rate calculated as
16411641 provided by this chapter.
16421642 (b) A petition is valid only if:
16431643 (1) it states that it is intended to require an
16441644 election in the taxing unit on the question of reducing the tax rate
16451645 for the current year;
16461646 (2) it is signed by a number of registered voters of
16471647 the taxing unit equal to at least 10[:
16481648 [(A) seven] percent of the number of registered
16491649 voters of the taxing unit who voted in [according to] the most
16501650 recent gubernatorial election [list of registered voters if the tax
16511651 rate adopted for the current tax year would impose taxes for
16521652 maintenance and operations in an amount of at least $5 million; or
16531653 [(B) 10 percent of the number of registered
16541654 voters of the taxing unit according to the most recent official list
16551655 of registered voters if the tax rate adopted for the current tax
16561656 year would impose taxes for maintenance and operations in an amount
16571657 of less than $5 million]; and
16581658 (3) it is submitted to the governing body on or before
16591659 the 90th day after the date on which the governing body adopted the
16601660 tax rate for the current year.
16611661 SECTION 39. The heading to Section 26.08, Tax Code, is
16621662 amended to read as follows:
16631663 Sec. 26.08. ELECTION TO APPROVE TAX RATE OF TAXING UNIT
16641664 OTHER THAN SMALL TAXING UNIT [RATIFY SCHOOL TAXES].
16651665 SECTION 40. Section 26.08, Tax Code, is amended by amending
16661666 Subsections (a), (b), (d), (d-1), (d-2), (e), (g), (h), (n), and (p)
16671667 and adding Subsection (r) to read as follows:
16681668 (a) If the governing body of a taxing unit other than a small
16691669 taxing unit [school district] adopts a tax rate that exceeds the
16701670 taxing unit's [district's] rollback tax rate, the registered voters
16711671 of the taxing unit [district] at an election held for that purpose
16721672 must determine whether to approve the adopted tax rate. When
16731673 increased expenditure of money by a taxing unit [school district]
16741674 is necessary to respond to a disaster, including a tornado,
16751675 hurricane, flood, or other calamity, but not including a drought,
16761676 that has impacted the taxing unit [a school district] and the
16771677 governor has requested federal disaster assistance for the area in
16781678 which the taxing unit [school district] is located, an election is
16791679 not required under this section to approve the tax rate adopted by
16801680 the governing body for the year following the year in which the
16811681 disaster occurs.
16821682 (b) The governing body shall order that the election be held
16831683 in the taxing unit [school district] on the uniform election date
16841684 prescribed by [a date not less than 30 or more than 90 days after the
16851685 day on which it adopted the tax rate.] Section 41.001, Election
16861686 Code, that occurs in November of the applicable tax year. The order
16871687 calling the election may not be issued later than August 15 [does
16881688 not apply to the election unless a date specified by that section
16891689 falls within the time permitted by this section]. At the election,
16901690 the ballots shall be prepared to permit voting for or against the
16911691 proposition: "Approving the ad valorem tax rate of $_____ per $100
16921692 valuation in (name of taxing unit [school district]) for the
16931693 current year, a rate that is $_____ higher per $100 valuation than
16941694 the [school district] rollback tax rate of (name of taxing unit),
16951695 for the purpose of (description of purpose of increase)." The
16961696 ballot proposition must include the adopted tax rate and the
16971697 difference between that rate and the rollback tax rate in the
16981698 appropriate places.
16991699 (d) If the proposition is not approved as provided by
17001700 Subsection (c), the governing body may not adopt a tax rate for the
17011701 taxing unit [school district] for the current year that exceeds the
17021702 taxing unit's [school district's] rollback tax rate.
17031703 (d-1) If, after tax bills for the taxing unit [school
17041704 district] have been mailed, a proposition to approve the taxing
17051705 unit's [school district's] adopted tax rate is not approved by the
17061706 voters of the taxing unit [district] at an election held under this
17071707 section, on subsequent adoption of a new tax rate by the governing
17081708 body of the taxing unit [district], the assessor for the taxing unit
17091709 [school] shall prepare and mail corrected tax bills. The assessor
17101710 shall include with each bill a brief explanation of the reason for
17111711 and effect of the corrected bill. The date on which the taxes
17121712 become delinquent for the year is extended by a number of days equal
17131713 to the number of days between the date the first tax bills were sent
17141714 and the date the corrected tax bills were sent.
17151715 (d-2) If a property owner pays taxes calculated using the
17161716 originally adopted tax rate of the taxing unit [school district]
17171717 and the proposition to approve the adopted tax rate is not approved
17181718 by the voters, the taxing unit [school district] shall refund the
17191719 difference between the amount of taxes paid and the amount due under
17201720 the subsequently adopted rate if the difference between the amount
17211721 of taxes paid and the amount due under the subsequent rate is $1 or
17221722 more. If the difference between the amount of taxes paid and the
17231723 amount due under the subsequent rate is less than $1, the taxing
17241724 unit [school district] shall refund the difference on request of
17251725 the taxpayer. An application for a refund of less than $1 must be
17261726 made within 90 days after the date the refund becomes due or the
17271727 taxpayer forfeits the right to the refund.
17281728 (e) For purposes of this section, local tax funds dedicated
17291729 to a junior college district under Section 45.105(e), Education
17301730 Code, shall be eliminated from the calculation of the tax rate
17311731 adopted by the governing body of a [the] school district. However,
17321732 the funds dedicated to the junior college district are subject to
17331733 Section 26.085.
17341734 (g) In a school district that received distributions from an
17351735 equalization tax imposed under former Chapter 18, Education Code,
17361736 the equivalent tax [effective] rate of that tax as of the date of
17371737 the county unit system's abolition is added to the district's
17381738 rollback tax rate.
17391739 (h) For purposes of this section, increases in taxable
17401740 values and tax levies occurring within a reinvestment zone under
17411741 Chapter 311 (Tax Increment Financing Act), in which a school [the]
17421742 district is a participant, shall be eliminated from the calculation
17431743 of the tax rate adopted by the governing body of the school
17441744 district.
17451745 (n) For purposes of this section, the rollback tax rate of a
17461746 school district whose maintenance and operations tax rate for the
17471747 2005 tax year was $1.50 or less per $100 of taxable value is:
17481748 (1) for the 2006 tax year, the sum of the rate that is
17491749 equal to 88.67 percent of the maintenance and operations tax rate
17501750 adopted by the district for the 2005 tax year, the rate of $0.04 per
17511751 $100 of taxable value, and the district's current debt rate; and
17521752 (2) for the 2007 and subsequent tax years, the lesser
17531753 of the following:
17541754 (A) the sum of the following:
17551755 (i) the rate per $100 of taxable value that
17561756 is equal to the product of the state compression percentage, as
17571757 determined under Section 42.2516, Education Code, for the current
17581758 year and $1.50;
17591759 (ii) the rate of $0.04 per $100 of taxable
17601760 value;
17611761 (iii) the rate that is equal to the sum of
17621762 the differences for the 2006 and each subsequent tax year between
17631763 the adopted tax rate of the district for that year if the rate was
17641764 approved at an election under this section and the rollback tax rate
17651765 of the district for that year; and
17661766 (iv) the district's current debt rate; or
17671767 (B) the sum of the following:
17681768 (i) the equivalent [effective] maintenance
17691769 and operations tax rate of the district as computed under
17701770 Subsection (i) [or (k), as applicable];
17711771 (ii) the rate per $100 of taxable value that
17721772 is equal to the product of the state compression percentage, as
17731773 determined under Section 42.2516, Education Code, for the current
17741774 year and $0.06; and
17751775 (iii) the district's current debt rate.
17761776 (p) Notwithstanding Subsections (i), (n), and (o), if for
17771777 the preceding tax year a school district adopted a maintenance and
17781778 operations tax rate that was less than the district's equivalent
17791779 [effective] maintenance and operations tax rate for that preceding
17801780 tax year, the rollback tax rate of the district for the current tax
17811781 year is calculated as if the district adopted a maintenance and
17821782 operations tax rate for the preceding tax year that was equal to the
17831783 district's equivalent [effective] maintenance and operations tax
17841784 rate for that preceding tax year.
17851785 (r) Except as otherwise expressly provided by law, this
17861786 section does not apply to a tax imposed by a taxing unit if a
17871787 provision of an uncodified local or special law enacted by the 85th
17881788 Legislature, Regular Session, 2017, or by an earlier legislature
17891789 provides that former Section 26.07 does not apply to a tax imposed
17901790 by the taxing unit.
17911791 SECTION 41. Section 26.08(i), Tax Code, as effective
17921792 September 1, 2017, is amended to read as follows:
17931793 (i) For purposes of this section, the equivalent
17941794 [effective] maintenance and operations tax rate of a school
17951795 district is the tax rate that, applied to the current total value
17961796 for the district, would impose taxes in an amount that, when added
17971797 to state funds that would be distributed to the district under
17981798 Chapter 42, Education Code, for the school year beginning in the
17991799 current tax year using that tax rate, would provide the same amount
18001800 of state funds distributed under Chapter 42, Education Code, and
18011801 maintenance and operations taxes of the district per student in
18021802 weighted average daily attendance for that school year that would
18031803 have been available to the district in the preceding year if the
18041804 funding elements for Chapters 41 and 42, Education Code, for the
18051805 current year had been in effect for the preceding year.
18061806 SECTION 42. The heading to Section 26.16, Tax Code, is
18071807 amended to read as follows:
18081808 Sec. 26.16. POSTING OF TAX-RELATED INFORMATION [TAX RATES]
18091809 ON COUNTY'S INTERNET WEBSITE.
18101810 SECTION 43. Section 26.16, Tax Code, is amended by amending
18111811 Subsections (a) and (d) and adding Subsections (a-1), (d-1), and
18121812 (d-2) to read as follows:
18131813 (a) Each county shall maintain an Internet website. The
18141814 county assessor-collector for each county [that maintains an
18151815 Internet website] shall post on the Internet website maintained by
18161816 [of] the county the following information for the most recent five
18171817 tax years beginning with the 2012 tax year for each taxing unit all
18181818 or part of the territory of which is located in the county:
18191819 (1) the adopted tax rate;
18201820 (2) the maintenance and operations rate;
18211821 (3) the debt rate;
18221822 (4) the equivalent [effective] tax rate;
18231823 (5) the equivalent [effective] maintenance and
18241824 operations rate; and
18251825 (6) the rollback tax rate.
18261826 (a-1) For purposes of Subsection (a), a reference to the
18271827 equivalent tax rate or the equivalent maintenance and operations
18281828 rate includes the equivalent effective tax rate or effective
18291829 maintenance and operations rate for a preceding year. This
18301830 subsection expires January 1, 2024.
18311831 (d) The county assessor-collector shall post immediately
18321832 below the table prescribed by Subsection (c) the following
18331833 statement:
18341834 "The county is providing this table of property tax rate
18351835 information as a service to the residents of the county. Each
18361836 individual taxing unit is responsible for calculating the property
18371837 tax rates listed in this table pertaining to that taxing unit and
18381838 providing that information to the county.
18391839 "The adopted tax rate is the tax rate adopted by the governing
18401840 body of a taxing unit.
18411841 "The maintenance and operations rate is the component of the
18421842 adopted tax rate of a taxing unit that will impose the amount of
18431843 taxes needed to fund maintenance and operation expenditures of the
18441844 unit for the following year.
18451845 "The debt rate is the component of the adopted tax rate of a
18461846 taxing unit that will impose the amount of taxes needed to fund the
18471847 unit's debt service for the following year.
18481848 "The equivalent [effective] tax rate is the tax rate that
18491849 would generate the same amount of revenue in the current tax year as
18501850 was generated by a taxing unit's adopted tax rate in the preceding
18511851 tax year from property that is taxable in both the current tax year
18521852 and the preceding tax year.
18531853 "The equivalent [effective] maintenance and operations rate
18541854 is the tax rate that would generate the same amount of revenue for
18551855 maintenance and operations in the current tax year as was generated
18561856 by a taxing unit's maintenance and operations rate in the preceding
18571857 tax year from property that is taxable in both the current tax year
18581858 and the preceding tax year.
18591859 "The rollback tax rate is the highest tax rate a taxing unit
18601860 may adopt before requiring voter approval at an election. In the
18611861 case of a small taxing unit [other than a school district], the
18621862 voters by petition may require that a rollback election be held if
18631863 the unit adopts a tax rate in excess of the unit's rollback tax
18641864 rate. In the case of a taxing unit other than a small taxing unit
18651865 [school district], an election will automatically be held if the
18661866 unit [district] wishes to adopt a tax rate in excess of the unit's
18671867 [district's] rollback tax rate."
18681868 (d-1) In addition to posting the information described by
18691869 Subsection (a), the county assessor-collector shall post on the
18701870 Internet website of the county for each taxing unit all or part of
18711871 the territory of which is located in the county:
18721872 (1) the worksheets used by the designated officer or
18731873 employee of each taxing unit to calculate the equivalent and
18741874 rollback tax rates of the unit for the most recent five tax years
18751875 beginning with the 2018 tax year, as certified by the county
18761876 assessor-collector under Section 26.04(d-1); and
18771877 (2) the name and official contact information for each
18781878 member of the governing body of the taxing unit.
18791879 (d-2) Not later than August 1, the county
18801880 assessor-collector shall post on the website the worksheets
18811881 described by Subsection (d-1)(1) for the current tax year.
18821882 SECTION 44. Chapter 26, Tax Code, is amended by adding
18831883 Sections 26.17 and 26.18 to read as follows:
18841884 Sec. 26.17. REAL-TIME TAX RATE DATABASE. (a) The tax rate
18851885 officer of each appraisal district shall create and maintain a
18861886 database that:
18871887 (1) is identified by the name of the office of tax rate
18881888 notices, instead of the name of the appraisal district, and as the
18891889 "Real-time Tax Rate Database";
18901890 (2) contains information that is provided by
18911891 designated officers or employees of the taxing units that are
18921892 located in the appraisal district in the manner required by rules
18931893 adopted by the comptroller;
18941894 (3) is continuously updated as preliminary and revised
18951895 data become available to and are provided by the designated
18961896 officers or employees of taxing units;
18971897 (4) is accessible to the public; and
18981898 (5) is searchable by property address and owner.
18991899 (b) The database must be capable of generating, with respect
19001900 to each property listed on the appraisal roll for the appraisal
19011901 district, a real-time tax rate notice that includes:
19021902 (1) the property's identification number;
19031903 (2) the property's market value;
19041904 (3) the property's taxable value;
19051905 (4) the name of each taxing unit in which the property
19061906 is located;
19071907 (5) for each taxing unit other than a school district
19081908 in which the property is located:
19091909 (A) the equivalent tax rate; and
19101910 (B) the rollback tax rate;
19111911 (6) for each school district in which the property is
19121912 located:
19131913 (A) the rate to maintain the same amount of state
19141914 and local revenue per weighted student that the district received
19151915 in the school year beginning in the preceding tax year; and
19161916 (B) the rollback tax rate;
19171917 (7) the tax rate proposed by the governing body of each
19181918 taxing unit in which the property is located;
19191919 (8) for each taxing unit other than a school district
19201920 in which the property is located, the taxes that would be imposed on
19211921 the property if the unit adopted a tax rate equal to:
19221922 (A) the equivalent tax rate; and
19231923 (B) the proposed tax rate;
19241924 (9) for each school district in which the property is
19251925 located, the taxes that would be imposed on the property if the
19261926 district adopted a tax rate equal to:
19271927 (A) the rate to maintain the same amount of state
19281928 and local revenue per weighted student that the district received
19291929 in the school year beginning in the preceding tax year; and
19301930 (B) the proposed tax rate;
19311931 (10) for each taxing unit other than a school district
19321932 in which the property is located, the difference between the amount
19331933 calculated under Subdivision (8)(A) and the amount calculated under
19341934 Subdivision (8)(B);
19351935 (11) for each school district in which the property is
19361936 located, the difference between the amount calculated under
19371937 Subdivision (9)(A) and the amount calculated under Subdivision
19381938 (9)(B);
19391939 (12) the date and location of each public hearing, if
19401940 applicable, on the proposed tax rate to be held by the governing
19411941 body of each taxing unit in which the property is located;
19421942 (13) the date and location of the public meeting at
19431943 which the tax rate will be adopted to be held by the governing body
19441944 of each taxing unit in which the property is located; and
19451945 (14) for each taxing unit in which the property is
19461946 located, an e-mail address at which the taxing unit is capable of
19471947 receiving written comments regarding the proposed tax rate of the
19481948 taxing unit.
19491949 (c) The address of the Internet website at which the
19501950 information contained in the database may be found must be in the
19511951 form "(insert name of county in which appraisal district is
19521952 established)CountyTaxRates.gov" or a substantially similar form.
19531953 (d) The database must provide a link to the Internet website
19541954 used by each taxing unit in which the property is located to post
19551955 the information described by Section 26.18.
19561956 (e) The officer or employee designated by the governing body
19571957 of each taxing unit to calculate the equivalent tax rate and the
19581958 rollback tax rate for the unit must electronically:
19591959 (1) enter in the database the information described by
19601960 Subsection (b) as the information becomes available; and
19611961 (2) incorporate into the database the completed tax
19621962 rate calculation forms prepared under Section 26.04(d-1) at the
19631963 same time the designated officer or employee submits the tax rates
19641964 to the governing body of the unit under Section 26.04(e).
19651965 (f) Each taxing unit shall establish an e-mail address for
19661966 the purpose described by Subsection (b)(14).
19671967 Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY
19681968 TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet
19691969 website or have access to a generally accessible Internet website
19701970 that may be used for the purposes of this section. Each taxing unit
19711971 shall post or cause to be posted on the Internet website the
19721972 following information in a format prescribed by the comptroller:
19731973 (1) the name of each member of the governing body of
19741974 the taxing unit;
19751975 (2) the mailing address, e-mail address, and telephone
19761976 number of the taxing unit;
19771977 (3) the official contact information for each member
19781978 of the governing body of the taxing unit, if that information is
19791979 different from the information described by Subdivision (2);
19801980 (4) the taxing unit's budget for the preceding two
19811981 years;
19821982 (5) the taxing unit's proposed or adopted budget for
19831983 the current year;
19841984 (6) the change in the amount of the taxing unit's
19851985 budget from the preceding year to the current year, by dollar amount
19861986 and percentage;
19871987 (7) in the case of a taxing unit other than a school
19881988 district, the amount of property tax revenue budgeted for
19891989 maintenance and operations for:
19901990 (A) the preceding two years; and
19911991 (B) the current year;
19921992 (8) in the case of a taxing unit other than a school
19931993 district, the amount of property tax revenue budgeted for debt
19941994 service for:
19951995 (A) the preceding two years; and
19961996 (B) the current year;
19971997 (9) the tax rate for maintenance and operations
19981998 adopted by the taxing unit for the preceding two years;
19991999 (10) in the case of a taxing unit other than a school
20002000 district, the tax rate for debt service adopted by the unit for the
20012001 preceding two years;
20022002 (11) in the case of a school district, the interest and
20032003 sinking fund tax rate adopted by the district for the preceding two
20042004 years;
20052005 (12) the tax rate for maintenance and operations
20062006 proposed by the taxing unit for the current year;
20072007 (13) in the case of a taxing unit other than a school
20082008 district, the tax rate for debt service proposed by the unit for the
20092009 current year;
20102010 (14) in the case of a school district, the interest and
20112011 sinking fund tax rate proposed by the district for the current year;
20122012 and
20132013 (15) the most recent financial audit of the taxing
20142014 unit.
20152015 SECTION 45. Sections 31.12(a) and (b), Tax Code, as amended
20162016 by S.B. 2242, Acts of the 85th Legislature, Regular Session, 2017,
20172017 are amended to read as follows:
20182018 (a) If a refund of a tax provided by Section 11.431(b),
20192019 26.07(g), 26.08(d-2), 26.15(f), 31.11, 31.111, or 31.112 is paid on
20202020 or before the 60th day after the date the liability for the refund
20212021 arises, no interest is due on the amount refunded. If not paid on or
20222022 before that 60th day, the amount of the tax to be refunded accrues
20232023 interest at a rate of one percent for each month or part of a month
20242024 that the refund is unpaid, beginning with the date on which the
20252025 liability for the refund arises.
20262026 (b) For purposes of this section, liability for a refund
20272027 arises:
20282028 (1) if the refund is required by Section 11.431(b), on
20292029 the date the chief appraiser notifies the collector for the unit of
20302030 the approval of the late homestead exemption;
20312031 (2) if the refund is required by Section 26.07(g), on
20322032 the date the results of the election to reduce the tax rate are
20332033 certified;
20342034 (3) if the refund is required by Section 26.08(d-2),
20352035 on the date the subsequent tax rate is adopted;
20362036 (4) if the refund is required by Section 26.15(f):
20372037 (A) for a correction to the tax roll made under
20382038 Section 26.15(b), on the date the change in the tax roll is
20392039 certified to the assessor for the taxing unit under Section 25.25;
20402040 or
20412041 (B) for a correction to the tax roll made under
20422042 Section 26.15(c), on the date the change in the tax roll is ordered
20432043 by the governing body of the taxing unit;
20442044 (5) [(4)] if the refund is required by Section 31.11,
20452045 on the date the auditor for the taxing unit determines that the
20462046 payment was erroneous or excessive or, if the amount of the refund
20472047 exceeds the applicable amount specified by Section 31.11(a), on the
20482048 date the governing body of the unit approves the refund;
20492049 (6) [(5)] if the refund is required by Section 31.111,
20502050 on the date the collector for the taxing unit determines that the
20512051 payment was erroneous; or
20522052 (7) [(6)] if the refund is required by Section 31.112,
20532053 on the date required by Section 31.112(d) or (e), as applicable.
20542054 SECTION 46. Section 33.08(b), Tax Code, is amended to read
20552055 as follows:
20562056 (b) The governing body of the taxing unit or appraisal
20572057 district, in the manner required by law for official action, may
20582058 provide that taxes that become delinquent on or after June 1 under
20592059 Section 26.07(f), 26.08(d-1), 26.15(e), 31.03, 31.031, 31.032,
20602060 31.04, or 42.42 incur an additional penalty to defray costs of
20612061 collection. The amount of the penalty may not exceed the amount of
20622062 the compensation specified in the applicable contract with an
20632063 attorney under Section 6.30 to be paid in connection with the
20642064 collection of the delinquent taxes.
20652065 SECTION 47. Section 41.03(a), Tax Code, is amended to read
20662066 as follows:
20672067 (a) A taxing unit is entitled to challenge before the
20682068 appraisal review board:
20692069 (1) [the level of appraisals of any category of
20702070 property in the district or in any territory in the district, but
20712071 not the appraised value of a single taxpayer's property;
20722072 [(2)] an exclusion of property from the appraisal
20732073 records;
20742074 (2) [(3)] a grant in whole or in part of a partial
20752075 exemption;
20762076 (3) [(4)] a determination that land qualifies for
20772077 appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or
20782078 (4) [(5)] failure to identify the taxing unit as one
20792079 in which a particular property is taxable.
20802080 SECTION 48. Section 41.12(a), Tax Code, is amended to read
20812081 as follows:
20822082 (a) By July 5 [20], the appraisal review board shall:
20832083 (1) hear and determine all or substantially all timely
20842084 filed protests;
20852085 (2) determine all timely filed challenges;
20862086 (3) submit a list of its approved changes in the
20872087 records to the chief appraiser; and
20882088 (4) approve the records.
20892089 SECTION 49. Sections 41.44(a), (c), and (d), Tax Code, are
20902090 amended to read as follows:
20912091 (a) Except as provided by Subsections (b), [(b-1),] (c),
20922092 (c-1), and (c-2), to be entitled to a hearing and determination of a
20932093 protest, the property owner initiating the protest must file a
20942094 written notice of the protest with the appraisal review board
20952095 having authority to hear the matter protested:
20962096 (1) not later than the later of:
20972097 (A) [before] May 15; [1] or
20982098 (B) [not later than] the 30th day after the date
20992099 that notice to the property owner was delivered to the property
21002100 owner as provided by Section 25.19[, if the property is a
21012101 single-family residence that qualifies for an exemption under
21022102 Section 11.13, whichever is later];
21032103 (2) [before June 1 or not later than the 30th day after
21042104 the date that notice was delivered to the property owner as provided
21052105 by Section 25.19 in connection with any other property, whichever
21062106 is later;
21072107 [(3)] in the case of a protest of a change in the
21082108 appraisal records ordered as provided by Subchapter A of this
21092109 chapter or by Chapter 25, not later than the 30th day after the date
21102110 notice of the change is delivered to the property owner;
21112111 (3) [(4)] in the case of a determination that a change
21122112 in the use of land appraised under Subchapter C, D, E, or H, Chapter
21132113 23, has occurred, not later than the 30th day after the date the
21142114 notice of the determination is delivered to the property owner; or
21152115 (4) [(5)] in the case of a determination of
21162116 eligibility for a refund under Section 23.1243, not later than the
21172117 30th day after the date the notice of the determination is delivered
21182118 to the property owner.
21192119 (c) A property owner who files notice of a protest
21202120 authorized by Section 41.411 is entitled to a hearing and
21212121 determination of the protest if the property owner files the notice
21222122 prior to the date the taxes on the property to which the notice
21232123 applies become delinquent. An owner of land who files a notice of
21242124 protest under Subsection (a)(3) [(a)(4)] is entitled to a hearing
21252125 and determination of the protest without regard to whether the
21262126 appraisal records are approved.
21272127 (d) A notice of protest is sufficient if it identifies the
21282128 protesting property owner, including a person claiming an ownership
21292129 interest in the property even if that person is not listed on the
21302130 appraisal records as an owner of the property, identifies the
21312131 property that is the subject of the protest, and indicates apparent
21322132 dissatisfaction with some determination of the appraisal office.
21332133 The notice need not be on an official form, but the comptroller
21342134 shall prescribe a form that provides for more detail about the
21352135 nature of the protest. The form must permit a property owner to
21362136 include each property in the appraisal district that is the subject
21372137 of a protest. The form must permit a property owner to request that
21382138 the protest be heard by a special panel established under Section
21392139 6.425 if the protest will be determined by an appraisal review board
21402140 to which that section applies and the property is included in a
21412141 classification described by Section 6.425(b). The comptroller,
21422142 each appraisal office, and each appraisal review board shall make
21432143 the forms readily available and deliver one to a property owner on
21442144 request.
21452145 SECTION 50. Section 41.45, Tax Code, is amended by amending
21462146 Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to
21472147 read as follows:
21482148 (d) This subsection does not apply to a special panel
21492149 established under Section 6.425. An appraisal review board
21502150 consisting of more than three members may sit in panels of not fewer
21512151 than three members to conduct protest hearings. [However, the
21522152 determination of a protest heard by a panel must be made by the
21532153 board.] If the recommendation of a panel is not accepted by the
21542154 board, the board may refer the matter for rehearing to a panel
21552155 composed of members who did not hear the original protest [hearing]
21562156 or, if there are not at least three members who did not hear the
21572157 original protest, the board may determine the protest. [Before
21582158 determining a protest or conducting a rehearing before a new panel
21592159 or the board, the board shall deliver notice of the hearing or
21602160 meeting to determine the protest in accordance with the provisions
21612161 of this subchapter.]
21622162 (d-1) An appraisal review board to which Section 6.425
21632163 applies shall sit in special panels established under that section
21642164 to conduct protest hearings. A special panel may conduct a protest
21652165 hearing relating to property only if the property is described by
21662166 Section 6.425(b) and the property owner has requested that a
21672167 special panel conduct the hearing or if the protest is assigned to
21682168 the special panel under Section 6.425(f). If the recommendation of
21692169 a special panel is not accepted by the board, the board may refer
21702170 the matter for rehearing to another special panel composed of
21712171 members who did not hear the original protest or, if there are not
21722172 at least three other special panel members who did not hear the
21732173 original protest, the board may determine the protest.
21742174 (d-2) The determination of a protest heard by a panel under
21752175 Subsection (d) or (d-1) must be made by the board.
21762176 (d-3) The board must deliver notice of a hearing or meeting
21772177 to determine a protest heard by a panel, or to rehear a protest,
21782178 under Subsection (d) or (d-1) in accordance with the provisions of
21792179 this subchapter.
21802180 SECTION 51. Section 41.66, Tax Code, is amended by amending
21812181 Subsection (k) and adding Subsection (k-1) to read as follows:
21822182 (k) This subsection does not apply to a special panel
21832183 established under Section 6.425. If an appraisal review board sits
21842184 in panels to conduct protest hearings, protests shall be randomly
21852185 assigned to panels, except that the board may consider the type of
21862186 property subject to the protest or the ground of the protest for the
21872187 purpose of using the expertise of a particular panel in hearing
21882188 protests regarding particular types of property or based on
21892189 particular grounds. If a protest is scheduled to be heard by a
21902190 particular panel, the protest may not be reassigned to another
21912191 panel without the consent of the property owner or designated
21922192 agent. If the appraisal review board has cause to reassign a
21932193 protest to another panel, a property owner or designated agent may
21942194 agree to reassignment of the protest or may request that the hearing
21952195 on the protest be postponed. The board shall postpone the hearing
21962196 on that request. A change of members of a panel because of a
21972197 conflict of interest, illness, or inability to continue
21982198 participating in hearings for the remainder of the day does not
21992199 constitute reassignment of a protest to another panel.
22002200 (k-1) On the request of a property owner, an appraisal
22012201 review board to which Section 6.425 applies shall assign a protest
22022202 relating to property described by Section 6.425(b) to a special
22032203 panel. In addition, the chairman of the appraisal review board may
22042204 assign a protest relating to property not described by Section
22052205 6.425(b) to a special panel as authorized by Section 6.425(f).
22062206 Protests assigned to special panels shall be randomly assigned to
22072207 those panels. If a protest is scheduled to be heard by a particular
22082208 special panel, the protest may not be reassigned to another special
22092209 panel without the consent of the property owner or designated
22102210 agent. If the board has cause to reassign a protest to another
22112211 special panel, a property owner or designated agent may agree to
22122212 reassignment of the protest or may request that the hearing on the
22132213 protest be postponed. The board shall postpone the hearing on that
22142214 request. A change of members of a special panel because of a
22152215 conflict of interest, illness, or inability to continue
22162216 participating in hearings for the remainder of the day does not
22172217 constitute reassignment of a protest to another special panel.
22182218 SECTION 52. Section 41.71, Tax Code, is amended to read as
22192219 follows:
22202220 Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An
22212221 appraisal review board by rule shall provide for hearings on
22222222 protests [in the evening or] on a Saturday or after 5 p.m. on a
22232223 weekday [Sunday].
22242224 (b) The board may not schedule:
22252225 (1) the first hearing on a protest held on a weekday
22262226 evening to begin after 7 p.m.; or
22272227 (2) a hearing on a protest on a Sunday.
22282228 SECTION 53. Sections 41A.07(e), (f), and (g), Tax Code, as
22292229 effective September 1, 2017, are amended to read as follows:
22302230 (e) To be eligible for appointment as an arbitrator under
22312231 this section [Subsection (a)], the arbitrator must reside[:
22322232 [(1) in the county in which the property that is the
22332233 subject of the appeal is located; or
22342234 [(2)] in this state [if no available arbitrator on the
22352235 registry resides in that county].
22362236 (f) A person is not eligible for appointment as an
22372237 arbitrator under this section [Subsection (a)] if at any time
22382238 during the preceding five years, the person has:
22392239 (1) represented a person for compensation in a
22402240 proceeding under this title in the appraisal district in which the
22412241 property that is the subject of the appeal is located;
22422242 (2) served as an officer or employee of that appraisal
22432243 district; or
22442244 (3) served as a member of the appraisal review board
22452245 for that appraisal district.
22462246 (g) The comptroller may not appoint an arbitrator under this
22472247 section [Subsection (a)] if the comptroller determines that there
22482248 is good cause not to appoint the arbitrator, including information
22492249 or evidence indicating repeated bias or misconduct by the person
22502250 while acting as an arbitrator.
22512251 SECTION 54. Section 41A.07, Tax Code, is amended by adding
22522252 Subsection (h) to read as follows:
22532253 (h) In appointing an initial arbitrator under Subsection
22542254 (a), the comptroller shall appoint an arbitrator who resides in the
22552255 county in which the property that is the subject of the appeal is
22562256 located if there is an available arbitrator who resides in that
22572257 county. In appointing a substitute arbitrator under Subsection
22582258 (d), the comptroller is not required to appoint an arbitrator who
22592259 resides in the county in which the property that is the subject of
22602260 the appeal is located regardless of whether there is an available
22612261 arbitrator who resides in that county.
22622262 SECTION 55. Section 45.105(e), Education Code, is amended
22632263 to read as follows:
22642264 (e) The governing body of an independent school district
22652265 that governs a junior college district under Subchapter B, Chapter
22662266 130, in a county with a population of more than two million may
22672267 dedicate a specific percentage of the local tax levy to the use of
22682268 the junior college district for facilities and equipment or for the
22692269 maintenance and operating expenses of the junior college district.
22702270 To be effective, the dedication must be made by the governing body
22712271 on or before the date on which the governing body adopts its tax
22722272 rate for a year. The amount of local tax funds derived from the
22732273 percentage of the local tax levy dedicated to a junior college
22742274 district from a tax levy may not exceed the amount that would be
22752275 levied by five percent of the equivalent [effective] tax rate for
22762276 the tax year calculated as provided by Section 26.04, Tax Code, on
22772277 all property taxable by the school district. All real property
22782278 purchased with these funds is the property of the school district,
22792279 but is subject to the exclusive control of the governing body of the
22802280 junior college district for as long as the junior college district
22812281 uses the property for educational purposes.
22822282 SECTION 56. Section 130.016(b), Education Code, is amended
22832283 to read as follows:
22842284 (b) If the board of trustees of an independent school
22852285 district that divests itself of the management, control, and
22862286 operation of a junior college district under this section or under
22872287 Section 130.017 [of this code] was authorized by [Subsection (e)
22882288 of] Section 45.105(e) or under former Section 20.48(e) [20.48 of
22892289 this code] to dedicate a portion of its tax levy to the junior
22902290 college district before the divestment, the junior college district
22912291 may levy an ad valorem tax from and after the divestment. In the
22922292 first two years in which the junior college district levies an ad
22932293 valorem tax, the tax rate adopted by the governing body may not
22942294 exceed the rate that, if applied to the total taxable value
22952295 submitted to the governing body under Section 26.04, Tax Code,
22962296 would impose an amount equal to the amount of taxes of the school
22972297 district dedicated to the junior college under [Subsection (e) of]
22982298 Section 45.105(e) or former Section 20.48(e) [20.48 of this code]
22992299 in the last dedication before the divestment. In subsequent years,
23002300 the tax rate of the junior college district is subject to Section
23012301 26.07 or 26.08, Tax Code, as applicable.
23022302 SECTION 57. Section 403.302(o), Government Code, is amended
23032303 to read as follows:
23042304 (o) The comptroller shall adopt rules governing the conduct
23052305 of the study after consultation with the comptroller's property tax
23062306 administration advisory board [Comptroller's Property Value Study
23072307 Advisory Committee].
23082308 SECTION 58. Sections 281.124(d) and (e), Health and Safety
23092309 Code, are amended to read as follows:
23102310 (d) If a majority of the votes cast in the election favor the
23112311 proposition, the tax rate for the specified tax year is the rate
23122312 approved by the voters, and that rate is not subject to a rollback
23132313 election under Section 26.07 or 26.08, Tax Code. The board shall
23142314 adopt the tax rate as provided by Chapter 26, Tax Code, as
23152315 applicable.
23162316 (e) If the proposition is not approved as provided by
23172317 Subsection (c), the board may not adopt a tax rate for the district
23182318 for the specified tax year that exceeds the rate that was not
23192319 approved, and Section 26.07 or 26.08, Tax Code, as applicable,
23202320 applies to the adopted rate if that rate exceeds the district's
23212321 rollback tax rate.
23222322 SECTION 59. Section 102.007(d), Local Government Code, is
23232323 amended to read as follows:
23242324 (d) An adopted budget must contain a cover page that
23252325 includes:
23262326 (1) one of the following statements in 18-point or
23272327 larger type that accurately describes the adopted budget:
23282328 (A) "This budget will raise more revenue from
23292329 property taxes than last year's budget by an amount of (insert total
23302330 dollar amount of increase), which is a (insert percentage increase)
23312331 percent increase from last year's budget. The property tax revenue
23322332 to be raised from new property added to the tax roll this year is
23332333 (insert amount computed by multiplying the proposed tax rate by the
23342334 value of new property added to the roll).";
23352335 (B) "This budget will raise less revenue from
23362336 property taxes than last year's budget by an amount of (insert total
23372337 dollar amount of decrease), which is a (insert percentage decrease)
23382338 percent decrease from last year's budget. The property tax revenue
23392339 to be raised from new property added to the tax roll this year is
23402340 (insert amount computed by multiplying the proposed tax rate by the
23412341 value of new property added to the roll)."; or
23422342 (C) "This budget will raise the same amount of
23432343 revenue from property taxes as last year's budget. The property tax
23442344 revenue to be raised from new property added to the tax roll this
23452345 year is (insert amount computed by multiplying the proposed tax
23462346 rate by the value of new property added to the roll).";
23472347 (2) the record vote of each member of the governing
23482348 body by name voting on the adoption of the budget;
23492349 (3) the municipal property tax rates for the preceding
23502350 fiscal year, and each municipal property tax rate that has been
23512351 adopted or calculated for the current fiscal year, including:
23522352 (A) the property tax rate;
23532353 (B) the equivalent [effective] tax rate;
23542354 (C) the equivalent [effective] maintenance and
23552355 operations tax rate;
23562356 (D) the rollback tax rate; and
23572357 (E) the debt rate; and
23582358 (4) the total amount of municipal debt obligations.
23592359 SECTION 60. Section 111.008(d), Local Government Code, is
23602360 amended to read as follows:
23612361 (d) An adopted budget must contain a cover page that
23622362 includes:
23632363 (1) one of the following statements in 18-point or
23642364 larger type that accurately describes the adopted budget:
23652365 (A) "This budget will raise more revenue from
23662366 property taxes than last year's budget by an amount of (insert total
23672367 dollar amount of increase), which is a (insert percentage increase)
23682368 percent increase from last year's budget. The property tax revenue
23692369 to be raised from new property added to the tax roll this year is
23702370 (insert amount computed by multiplying the proposed tax rate by the
23712371 value of new property added to the roll).";
23722372 (B) "This budget will raise less revenue from
23732373 property taxes than last year's budget by an amount of (insert total
23742374 dollar amount of decrease), which is a (insert percentage decrease)
23752375 percent decrease from last year's budget. The property tax revenue
23762376 to be raised from new property added to the tax roll this year is
23772377 (insert amount computed by multiplying the proposed tax rate by the
23782378 value of new property added to the roll)."; or
23792379 (C) "This budget will raise the same amount of
23802380 revenue from property taxes as last year's budget. The property tax
23812381 revenue to be raised from new property added to the tax roll this
23822382 year is (insert amount computed by multiplying the proposed tax
23832383 rate by the value of new property added to the roll).";
23842384 (2) the record vote of each member of the
23852385 commissioners court by name voting on the adoption of the budget;
23862386 (3) the county property tax rates for the preceding
23872387 fiscal year, and each county property tax rate that has been adopted
23882388 or calculated for the current fiscal year, including:
23892389 (A) the property tax rate;
23902390 (B) the equivalent [effective] tax rate;
23912391 (C) the equivalent [effective] maintenance and
23922392 operations tax rate;
23932393 (D) the rollback tax rate; and
23942394 (E) the debt rate; and
23952395 (4) the total amount of county debt obligations.
23962396 SECTION 61. Section 111.039(d), Local Government Code, is
23972397 amended to read as follows:
23982398 (d) An adopted budget must contain a cover page that
23992399 includes:
24002400 (1) one of the following statements in 18-point or
24012401 larger type that accurately describes the adopted budget:
24022402 (A) "This budget will raise more revenue from
24032403 property taxes than last year's budget by an amount of (insert total
24042404 dollar amount of increase), which is a (insert percentage increase)
24052405 percent increase from last year's budget. The property tax revenue
24062406 to be raised from new property added to the tax roll this year is
24072407 (insert amount computed by multiplying the proposed tax rate by the
24082408 value of new property added to the roll).";
24092409 (B) "This budget will raise less revenue from
24102410 property taxes than last year's budget by an amount of (insert total
24112411 dollar amount of decrease), which is a (insert percentage decrease)
24122412 percent decrease from last year's budget. The property tax revenue
24132413 to be raised from new property added to the tax roll this year is
24142414 (insert amount computed by multiplying the proposed tax rate by the
24152415 value of new property added to the roll)."; or
24162416 (C) "This budget will raise the same amount of
24172417 revenue from property taxes as last year's budget. The property tax
24182418 revenue to be raised from new property added to the tax roll this
24192419 year is (insert amount computed by multiplying the proposed tax
24202420 rate by the value of new property added to the roll).";
24212421 (2) the record vote of each member of the
24222422 commissioners court by name voting on the adoption of the budget;
24232423 (3) the county property tax rates for the preceding
24242424 fiscal year, and each county property tax rate that has been adopted
24252425 or calculated for the current fiscal year, including:
24262426 (A) the property tax rate;
24272427 (B) the equivalent [effective] tax rate;
24282428 (C) the equivalent [effective] maintenance and
24292429 operations tax rate;
24302430 (D) the rollback tax rate; and
24312431 (E) the debt rate; and
24322432 (4) the total amount of county debt obligations.
24332433 SECTION 62. Section 111.068(c), Local Government Code, is
24342434 amended to read as follows:
24352435 (c) An adopted budget must contain a cover page that
24362436 includes:
24372437 (1) one of the following statements in 18-point or
24382438 larger type that accurately describes the adopted budget:
24392439 (A) "This budget will raise more revenue from
24402440 property taxes than last year's budget by an amount of (insert total
24412441 dollar amount of increase), which is a (insert percentage increase)
24422442 percent increase from last year's budget. The property tax revenue
24432443 to be raised from new property added to the tax roll this year is
24442444 (insert amount computed by multiplying the proposed tax rate by the
24452445 value of new property added to the roll).";
24462446 (B) "This budget will raise less revenue from
24472447 property taxes than last year's budget by an amount of (insert total
24482448 dollar amount of decrease), which is a (insert percentage decrease)
24492449 percent decrease from last year's budget. The property tax revenue
24502450 to be raised from new property added to the tax roll this year is
24512451 (insert amount computed by multiplying the proposed tax rate by the
24522452 value of new property added to the roll)."; or
24532453 (C) "This budget will raise the same amount of
24542454 revenue from property taxes as last year's budget. The property tax
24552455 revenue to be raised from new property added to the tax roll this
24562456 year is (insert amount computed by multiplying the proposed tax
24572457 rate by the value of new property added to the roll).";
24582458 (2) the record vote of each member of the
24592459 commissioners court by name voting on the adoption of the budget;
24602460 (3) the county property tax rates for the preceding
24612461 fiscal year, and each county property tax rate that has been adopted
24622462 or calculated for the current fiscal year, including:
24632463 (A) the property tax rate;
24642464 (B) the equivalent [effective] tax rate;
24652465 (C) the equivalent [effective] maintenance and
24662466 operations tax rate;
24672467 (D) the rollback tax rate; and
24682468 (E) the debt rate; and
24692469 (4) the total amount of county debt obligations.
24702470 SECTION 63. Section 1122.2522, Special District Local Laws
24712471 Code, is amended by amending Subsection (a) and adding Subsection
24722472 (a-1) to read as follows:
24732473 (a) If in any year the board adopts a tax rate that exceeds
24742474 the rollback tax rate calculated as provided by Chapter 26, Tax
24752475 Code, and the district is a small taxing unit as defined by Section
24762476 26.012 of that code, the qualified voters of the district by
24772477 petition may require that an election be held to determine whether
24782478 or not to reduce the tax rate adopted by the board for that year to
24792479 the rollback tax rate.
24802480 (a-1) If in any year the board adopts a tax rate that exceeds
24812481 the rollback tax rate calculated as provided by Chapter 26, Tax
24822482 Code, and the district is not a small taxing unit as defined by
24832483 Section 26.012 of that code, an election must be held to determine
24842484 whether or not to approve the tax rate adopted by the board for that
24852485 year.
24862486 SECTION 64. Sections 3828.157 and 8876.152, Special
24872487 District Local Laws Code, are amended to read as follows:
24882488 Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
24892489 PROVISIONS. Sections 26.04, 26.05, [and] 26.07, and 26.08, Tax
24902490 Code, do not apply to a tax imposed under Section 3828.153 or
24912491 3828.156.
24922492 Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
24932493 (a) Sections 26.04, 26.05, 26.06, 26.061, [and] 26.07, and 26.08,
24942494 Tax Code, do not apply to a tax imposed by the district.
24952495 (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236],
24962496 Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
24972497 78th Legislature, Regular Session, 2003, applies] to the district.
24982498 SECTION 65. Section 49.107(g), Water Code, is amended to
24992499 read as follows:
25002500 (g) Sections 26.04, 26.05, 26.061, [and] 26.07, and 26.08,
25012501 Tax Code, do not apply to a tax levied and collected under this
25022502 section or an ad valorem tax levied and collected for the payment of
25032503 the interest on and principal of bonds issued by a district.
25042504 SECTION 66. Section 49.108(f), Water Code, is amended to
25052505 read as follows:
25062506 (f) Sections 26.04, 26.05, 26.061, [and] 26.07, and 26.08,
25072507 Tax Code, do not apply to a tax levied and collected for payments
25082508 made under a contract approved in accordance with this section.
25092509 SECTION 67. Section 49.236(a), Water Code, as added by
25102510 Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular
25112511 Session, 2003, is amended to read as follows:
25122512 (a) Before the board adopts an ad valorem tax rate for the
25132513 district for debt service, operation and maintenance purposes, or
25142514 contract purposes, the board shall give notice of each meeting of
25152515 the board at which the adoption of a tax rate will be considered.
25162516 The notice must:
25172517 (1) contain a statement in substantially the following
25182518 form:
25192519 "NOTICE OF PUBLIC HEARING ON TAX RATE
25202520 "The (name of the district) will hold a public hearing on a
25212521 proposed tax rate for the tax year (year of tax levy) on (date and
25222522 time) at (meeting place). Your individual taxes may increase at a
25232523 greater or lesser rate, or even decrease, depending on the tax rate
25242524 that is adopted and on the change in the taxable value of your
25252525 property in relation to the change in taxable value of all other
25262526 property [and the tax rate that is adopted]. The change in the
25272527 taxable value of your property in relation to the change in the
25282528 taxable value of all other property determines the distribution of
25292529 the tax burden among all property owners.
25302530 "(Names of all board members and, if a vote was taken, an
25312531 indication of how each voted on the proposed tax rate and an
25322532 indication of any absences.)";
25332533 (2) contain the following information:
25342534 (A) the district's total adopted tax rate for the
25352535 preceding year and the proposed tax rate, expressed as an amount per
25362536 $100;
25372537 (B) the difference, expressed as an amount per
25382538 $100 and as a percent increase or decrease, as applicable, in the
25392539 proposed tax rate compared to the adopted tax rate for the preceding
25402540 year;
25412541 (C) the average appraised value of a residence
25422542 homestead in the district in the preceding year and in the current
25432543 year; the district's total homestead exemption, other than an
25442544 exemption available only to disabled persons or persons 65 years of
25452545 age or older, applicable to that appraised value in each of those
25462546 years; and the average taxable value of a residence homestead in
25472547 the district in each of those years, disregarding any homestead
25482548 exemption available only to disabled persons or persons 65 years of
25492549 age or older;
25502550 (D) the amount of tax that would have been
25512551 imposed by the district in the preceding year on a residence
25522552 homestead appraised at the average appraised value of a residence
25532553 homestead in that year, disregarding any homestead exemption
25542554 available only to disabled persons or persons 65 years of age or
25552555 older;
25562556 (E) the amount of tax that would be imposed by the
25572557 district in the current year on a residence homestead appraised at
25582558 the average appraised value of a residence homestead in that year,
25592559 disregarding any homestead exemption available only to disabled
25602560 persons or persons 65 years of age or older, if the proposed tax
25612561 rate is adopted; [and]
25622562 (F) the difference between the amounts of tax
25632563 calculated under Paragraphs (D) and (E), expressed in dollars and
25642564 cents and described as the annual percentage increase or decrease,
25652565 as applicable, in the tax to be imposed by the district on the
25662566 average residence homestead in the district in the current year if
25672567 the proposed tax rate is adopted; and
25682568 (G) if the proposed combined debt service,
25692569 operation and maintenance, and contract tax rate would authorize
25702570 the qualified voters of the district by petition to require a
25712571 rollback election to be held in the district, a description of the
25722572 purpose of the proposed tax increase; and
25732573 (3) contain a statement in substantially the following
25742574 form:
25752575 "NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION
25762576 "If taxes on the average residence homestead increase by more
25772577 than eight percent, the qualified voters of the district by
25782578 petition may require that an election be held to determine whether
25792579 to reduce the operation and maintenance tax rate to the rollback tax
25802580 rate under Section 49.236(d), Water Code."
25812581 SECTION 68. The following provisions are repealed:
25822582 (1) Sections 403.302(m-1) and (n), Government Code;
25832583 (2) Section 140.010, Local Government Code;
25842584 (3) Section 49.236, Water Code, as added by Chapter
25852585 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session,
25862586 2003;
25872587 (4) Section 49.2361, Water Code;
25882588 (5) Section 1, H.B. 2228, Acts of the 85th
25892589 Legislature, Regular Session, 2017, which amended Section
25902590 11.4391(a), Tax Code;
25912591 (6) Section 3, H.B. 2228, Acts of the 85th
25922592 Legislature, Regular Session, 2017, which added Sections 22.23(c)
25932593 and (d), Tax Code; and
25942594 (7) Section 5, H.B. 2228, Acts of the 85th
25952595 Legislature, Regular Session, 2017, which amended Sections
25962596 41.44(a) and (c), Tax Code.
25972597 SECTION 69. Sections 5.05, 5.102, 5.13, and 23.01, Tax
25982598 Code, as amended by this Act, apply only to the appraisal of
25992599 property for ad valorem tax purposes for a tax year beginning on or
26002600 after January 1, 2018.
26012601 SECTION 70. (a) The comptroller shall comply with Sections
26022602 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon
26032603 as practicable after January 1, 2018.
26042604 (b) The comptroller shall comply with Section 5.091, Tax
26052605 Code, as amended by this Act, not later than January 1, 2019.
26062606 SECTION 71. Section 6.41(d-9), Tax Code, as amended by this
26072607 Act, applies only to the appointment of appraisal review board
26082608 members to terms beginning on or after January 1, 2019.
26092609 SECTION 72. Section 6.42(d), Tax Code, as added by this Act,
26102610 applies only to a recommendation, determination, decision, or other
26112611 action by an appraisal review board or a panel of such a board on or
26122612 after January 1, 2018. A recommendation, determination, decision,
26132613 or other action by an appraisal review board or a panel of such a
26142614 board before January 1, 2018, is governed by the law as it existed
26152615 immediately before that date, and that law is continued in effect
26162616 for that purpose.
26172617 SECTION 73. Sections 11.4391(a) and 22.23, Tax Code, as
26182618 amended by this Act, apply only to ad valorem taxes imposed for a
26192619 tax year beginning on or after January 1, 2018.
26202620 SECTION 74. (a) An appraisal district established in a
26212621 county with a population of 120,000 or more and each taxing unit
26222622 located wholly or partly in such an appraisal district shall comply
26232623 with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18,
26242624 Tax Code, as added by this Act, beginning with the 2019 tax year.
26252625 (b) An appraisal district established in a county with a
26262626 population of less than 120,000 and each taxing unit located wholly
26272627 in such an appraisal district shall comply with Sections
26282628 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as
26292629 added by this Act, beginning with the 2020 tax year.
26302630 SECTION 75. Not later than the 30th day after the effective
26312631 date of this section:
26322632 (1) the designated officer or employee of each taxing
26332633 unit shall submit to the county assessor-collector for each county
26342634 in which all or part of the territory of the taxing unit is located
26352635 the worksheets used by the designated officer or employee to
26362636 calculate the effective and rollback tax rates of the unit for the
26372637 2013-2017 tax years; and
26382638 (2) the county assessor-collector for each county
26392639 shall post the worksheets submitted to the county
26402640 assessor-collector under Subdivision (1) of this section on the
26412641 Internet website of the county.
26422642 SECTION 76. A taxing unit that does not own, operate, or
26432643 control an Internet website is not required to comply with Sections
26442644 26.05(b)(2) and 26.065(b), Tax Code, as amended by this Act, until
26452645 the first tax year in which the unit is required by law to maintain
26462646 or have access to an Internet website.
26472647 SECTION 77. Section 33.08(b), Tax Code, as amended by this
26482648 Act, applies only to taxes that become delinquent on or after
26492649 January 1, 2018. Taxes that become delinquent before that date are
26502650 governed by the law as it existed immediately before that date, and
26512651 that law is continued in effect for that purpose.
26522652 SECTION 78. Section 41.03(a), Tax Code, as amended by this
26532653 Act, applies only to a challenge under Chapter 41, Tax Code, for
26542654 which a challenge petition is filed on or after January 1, 2018. A
26552655 challenge under Chapter 41, Tax Code, for which a challenge
26562656 petition was filed before January 1, 2018, is governed by the law in
26572657 effect on the date the challenge petition was filed, and the former
26582658 law is continued in effect for that purpose.
26592659 SECTION 79. Sections 41.45 and 41.66, Tax Code, as amended
26602660 by this Act, apply only to a protest filed under Chapter 41, Tax
26612661 Code, on or after January 1, 2019. A protest filed under that
26622662 chapter before January 1, 2019, is governed by the law in effect on
26632663 the date the protest was filed, and the former law is continued in
26642664 effect for that purpose.
26652665 SECTION 80. Section 41.71, Tax Code, as amended by this Act,
26662666 applies only to a hearing on a protest under Chapter 41, Tax Code,
26672667 that is scheduled on or after January 1, 2018. A hearing on a
26682668 protest under Chapter 41, Tax Code, that is scheduled before
26692669 January 1, 2018, is governed by the law in effect on the date the
26702670 hearing was scheduled, and that law is continued in effect for that
26712671 purpose.
26722672 SECTION 81. Section 41A.07, Tax Code, as amended by this
26732673 Act, applies only to a request for binding arbitration received by
26742674 the comptroller from an appraisal district on or after January 1,
26752675 2018.
26762676 SECTION 82. (a) Except as otherwise provided by this Act,
26772677 this Act takes effect January 1, 2018.
26782678 (b) Section 75 of this Act takes effect immediately if this
26792679 Act receives a vote of two-thirds of all the members elected to each
26802680 house, as provided by Section 39, Article III, Texas Constitution.
26812681 If this Act does not receive the vote necessary for immediate
26822682 effect, Section 75 of this Act takes effect on the 91st day after
26832683 the last day of the legislative session.
26842684 (c) The following provisions take effect September 1, 2018:
26852685 (1) Sections 6.41(b) and (d-9), Tax Code, as amended
26862686 by this Act;
26872687 (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code,
26882688 as added by this Act;
26892689 (3) Section 6.414(d), Tax Code, as amended by this
26902690 Act;
26912691 (4) Section 6.425, Tax Code, as added by this Act;
26922692 (5) Section 41.44(d), Tax Code, as amended by this
26932693 Act;
26942694 (6) Section 41.45(d), Tax Code, as amended by this
26952695 Act;
26962696 (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code,
26972697 as added by this Act;
26982698 (8) Section 41.66(k), Tax Code, as amended by this
26992699 Act; and
27002700 (9) Section 41.66(k-1), Tax Code, as added by this
27012701 Act.
27022702 (d) The following provisions take effect January 1, 2019:
27032703 (1) Sections 26.04(d-1), (d-2), (d-3), (e-2), (e-3),
27042704 (e-4), and (e-5), Tax Code, as added by this Act;
27052705 (2) Sections 26.04(e-1) and (g), Tax Code, as amended
27062706 by this Act;
27072707 (3) Sections 26.05(d-1) and (d-2), Tax Code, as added
27082708 by this Act; and
27092709 (4) Section 26.05(e), Tax Code, as amended by this
27102710 Act.