Texas 2019 - 86th Regular

Texas House Bill HB2 Compare Versions

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1-86R23619 CJC/TJB-F
1+86R9367 CJC/TJB-F
22 By: Burrows H.B. No. 2
3- Substitute the following for H.B. No. 2:
4- By: Murphy C.S.H.B. No. 2
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to ad valorem taxation; authorizing fees.
7+ relating to ad valorem taxation.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11- SECTION 1. This Act may be cited as the Texas Taxpayer
12- Transparency Act of 2019.
9+ SECTION 1. This Act may be cited as the Texas Property Tax
10+ Reform and Relief Act of 2019.
1311 SECTION 2. Section 1.085(a), Tax Code, is amended to read as
1412 follows:
1513 (a) Notwithstanding any other provision in this title and
1614 except as provided by this section, any notice, rendition,
1715 application form, or completed application, or information
1816 requested under Section 41.461(a)(2), that is required or permitted
1917 by this title to be delivered between a chief appraiser, an
2018 appraisal district, an appraisal review board, or any combination
2119 of those persons and a property owner or [between a chief appraiser,
2220 an appraisal district, an appraisal review board, or any
2321 combination of those persons and] a person designated by a property
2422 owner under Section 1.111(f) may be delivered in an electronic
2523 format if the chief appraiser and the property owner or person
2624 designated by the owner agree under this section.
2725 SECTION 3. Chapter 5, Tax Code, is amended by adding Section
2826 5.01 to read as follows:
2927 Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD.
3028 (a) The comptroller shall appoint the property tax administration
3129 advisory board to advise the comptroller with respect to the
3230 division or divisions within the office of the comptroller with
3331 primary responsibility for state administration of property
34- taxation and state oversight of appraisal districts. The advisory
35- board may make recommendations to the comptroller regarding
36- improving the effectiveness and efficiency of the property tax
37- system, best practices, and complaint resolution procedures.
32+ taxation and state oversight of appraisal districts and local tax
33+ offices. The advisory board may make recommendations to the
34+ comptroller regarding improving the effectiveness and efficiency
35+ of the property tax system, best practices, and complaint
36+ resolution procedures.
3837 (b) The advisory board is composed of at least six members
3938 appointed by the comptroller. The members of the board should
4039 include:
4140 (1) representatives of property tax payers, appraisal
42- districts, assessors, and school districts; and
41+ districts, and school districts; and
4342 (2) a person who has knowledge or experience in
4443 conducting ratio studies.
4544 (c) The members of the advisory board serve at the pleasure
4645 of the comptroller.
4746 (d) Any advice to the comptroller relating to a matter
4847 described by Subsection (a) that is provided by a member of the
4948 advisory board must be provided at a meeting called by the
5049 comptroller.
5150 (e) Chapter 2110, Government Code, does not apply to the
5251 advisory board.
53- SECTION 4. Sections 5.041(b), (c), (e-1), and (e-3), Tax
54- Code, are amended to read as follows:
52+ SECTION 4. Sections 5.041(b), (c), and (e-1), Tax Code, are
53+ amended to read as follows:
5554 (b) A member of the appraisal review board established for
5655 an appraisal district must complete the course established under
5756 Subsection (a). The course must provide at least eight hours of
5857 classroom training and education. A member of the appraisal review
5958 board may not participate in a hearing conducted by the board unless
6059 the person has completed the course established under Subsection
6160 (a) and received a certificate of course completion.
6261 (c) The comptroller may contract with service providers to
6362 assist with the duties imposed under Subsection (a), but the course
6463 required may not be provided by an appraisal district, the chief
6564 appraiser or another employee of an appraisal district, a member of
6665 the board of directors of an appraisal district, a member of an
6766 appraisal review board, or a taxing unit. The comptroller may
6867 assess a fee to recover a portion of the costs incurred for the
69- training course, but the fee may not exceed $50 for each [per]
70- person trained. If the training is provided to an individual other
71- than a member of an appraisal review board, the comptroller may
72- assess a fee not to exceed $50 for each person trained.
68+ training course, but the fee may not exceed $50 per person trained.
69+ If the training is provided to an individual other than a member of
70+ an appraisal review board, the comptroller may assess a fee not to
71+ exceed $50 per person trained.
7372 (e-1) In addition to the course established under
7473 Subsection (a), the comptroller shall approve curricula and provide
7574 materials for use in a continuing education course for members of an
7675 appraisal review board. The course must provide at least four hours
7776 of classroom training and education. The curricula and materials
7877 must include information regarding:
7978 (1) the cost, income, and market data comparison
8079 methods of appraising property;
8180 (2) the appraisal of business personal property;
8281 (3) the determination of capitalization rates for
8382 property appraisal purposes;
8483 (4) the duties of an appraisal review board;
8584 (5) the requirements regarding the independence of an
8685 appraisal review board from the board of directors and the chief
8786 appraiser and other employees of the appraisal district;
8887 (6) the prohibitions against ex parte communications
8988 applicable to appraisal review board members;
9089 (7) the Uniform Standards of Professional Appraisal
9190 Practice;
9291 (8) the duty of the appraisal district to substantiate
9392 the district's determination of the value of property;
9493 (9) the requirements regarding the equal and uniform
9594 appraisal of property;
9695 (10) the right of a property owner to protest the
9796 appraisal of the property as provided by Chapter 41; and
9897 (11) a detailed explanation of each of the actions
9998 described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413,
10099 41.42, and 41.43 so that members are fully aware of each of the
101100 grounds on which a property appraisal can be appealed.
102- (e-3) The comptroller may contract with service providers
103- to assist with the duties imposed under Subsection (e-1), but the
104- course required by that subsection may not be provided by an
105- appraisal district, the chief appraiser or another employee of an
106- appraisal district, a member of the board of directors of an
107- appraisal district, a member of an appraisal review board, or a
108- taxing unit. The comptroller may assess a fee to recover a portion
109- of the costs incurred for the continuing education course, but the
110- fee may not exceed $50 for each person trained. If the training is
111- provided to an individual other than a member of an appraisal review
112- board, the comptroller may assess a fee not to exceed $50 for each
113- person trained.
114101 SECTION 5. Chapter 5, Tax Code, is amended by adding Section
115102 5.043 to read as follows:
116103 Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section
117104 applies only to persons who have agreed to serve as arbitrators
118105 under Chapter 41A.
119106 (b) The comptroller shall:
120107 (1) approve curricula and provide an arbitration
121108 manual and other materials for use in training and educating
122109 arbitrators;
123110 (2) make all materials for use in training and
124111 educating arbitrators freely available online; and
125112 (3) establish and supervise a training program on
126113 property tax law for the training and education of arbitrators.
127114 (c) The training program must:
128115 (1) emphasize the requirements regarding the equal and
129116 uniform appraisal of property; and
130117 (2) be at least four hours in length.
131118 (d) The training program may be provided online. The
132119 comptroller by rule may prescribe the manner by which the
133120 comptroller may verify that a person taking the training program
134121 online has taken and completed the program.
135122 (e) The comptroller may contract with service providers to
136123 assist with the duties imposed under Subsection (b), but the
137124 training program may not be provided by an appraisal district, the
138125 chief appraiser or another employee of an appraisal district, a
139126 member of the board of directors of an appraisal district, a member
140127 of an appraisal review board, or a taxing unit. The comptroller may
141128 assess a fee to recover a portion of the costs incurred for the
142129 training program, but the fee may not exceed $50 for each person
143130 trained.
144131 (f) The comptroller shall prepare an arbitration manual for
145132 use in the training program. The manual shall be updated regularly
146133 and may be revised on request, in writing, to the comptroller. The
147134 revised language must be approved by the unanimous agreement of a
148135 committee selected by the comptroller and representing, equally,
149136 taxpayers and chief appraisers. The person requesting the revision
150137 must pay the costs of mediation if the comptroller determines that
151138 mediation is required.
152139 SECTION 6. Section 5.05, Tax Code, is amended by adding
153140 Subsection (c-1) to read as follows:
154141 (c-1) An appraisal district shall appraise property in
155- accordance with any appraisal manuals required by law to be
156- prepared and issued by the comptroller.
142+ accordance with any appraisal manuals prepared and issued by the
143+ comptroller under this section.
157144 SECTION 7. Section 5.07, Tax Code, is amended by adding
158- Subsections (f), (g), (h), (i), and (j) to read as follows:
145+ Subsections (f), (g), (h), and (i) to read as follows:
159146 (f) The comptroller shall prescribe tax rate calculation
160147 forms to be used by the designated officer or employee of each:
161148 (1) taxing unit other than a school district to
162149 calculate and submit the no-new-revenue tax rate and the rollback
163150 tax rate for the taxing unit as required by Chapter 26; and
164- (2) school district to:
165- (A) calculate and submit the no-new-revenue tax
166- rate and the rollback tax rate for the district as required by
167- Chapter 26; and
168- (B) submit the rate to maintain the same amount
169- of state and local revenue per weighted student that the district
170- received in the school year beginning in the preceding tax year as
171- required by Chapter 26.
151+ (2) school district to calculate and submit the
152+ no-new-revenue tax rate, the rollback tax rate, and the rate to
153+ maintain the same amount of state and local revenue per weighted
154+ student that the district received in the school year beginning in
155+ the preceding tax year as required by Chapter 26.
172156 (g) The forms described by Subsection (f) must be in an
173157 electronic format and:
174158 (1) have blanks that can be filled in electronically;
175159 (2) be capable of being certified by the designated
176160 officer or employee after completion as accurately calculating the
177161 applicable tax rates and using values that are the same as the
178162 values shown in the taxing unit's certified appraisal roll; and
179163 (3) be capable of being electronically incorporated
180- into the property tax database maintained by each appraisal
181- district under Section 26.17 and submitted electronically to the
182- county assessor-collector of each county in which all or part of the
183- territory of the taxing unit is located.
164+ into the real-time tax database maintained by the tax notice
165+ officer of each appraisal district and submitted electronically to
166+ the county assessor-collector of each county in which all or part of
167+ the territory of the taxing unit is located.
184168 (h) For purposes of Subsections (f) and (g), the comptroller
185169 shall use the forms published on the comptroller's Internet website
186170 as of January 1, 2019, modified as necessary to comply with the
187- requirements of this section. The comptroller shall update the
188- forms as necessary to reflect formatting or other nonsubstantive
189- changes.
171+ requirements of those subsections. The comptroller shall update
172+ the forms as necessary to reflect any change in the values used to
173+ calculate a tax rate resulting from a statutory change in a value
174+ used to calculate a tax rate. The comptroller may also update the
175+ forms to reflect formatting or other nonsubstantive changes.
190176 (i) The comptroller may revise the forms to reflect
191- substantive changes other than those described by Subsection (h) or
177+ statutory changes other than those described by Subsection (h) or
192178 on receipt of a request in writing. A revision under this
193179 subsection must be approved by the agreement of a majority of the
194180 members of a committee selected by the comptroller who are present
195181 at a committee meeting at which a quorum is present. The members of
196- the committee must represent, equally, taxpayers, taxing units or
197- persons designated by taxing units, and assessors. In the case of a
182+ the committee must represent, equally, taxpayers and either taxing
183+ units or persons designated by taxing units. In the case of a
198184 revision for which the comptroller receives a request in writing,
199185 the person requesting the revision shall pay the costs of mediation
200186 if the comptroller determines that mediation is required.
201- (j) A meeting of the committee held under Subsection (i) is
202- not subject to the requirements of Chapter 551, Government Code.
203- SECTION 8. Section 5.09(a), Tax Code, is amended to read as
204- follows:
205- (a) The comptroller shall prepare a biennial report of the
206- total appraised values and taxable values of taxable property by
207- category and the tax rates of each county, municipality, special
208- district, and school district in effect for the two years preceding
209- the year in which the report is prepared. The comptroller shall
210- review and verify the values and tax rates reported to the
211- comptroller for the purpose of preparing the report and prepare the
212- report so that the information provided to the comptroller is
213- presented in a consistent manner.
214- SECTION 9. Section 5.091, Tax Code, is amended to read as
187+ SECTION 8. Section 5.091, Tax Code, is amended to read as
215188 follows:
216189 Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the
217190 comptroller shall prepare a list that includes the total tax rate
218191 imposed by each taxing unit in this state, as [other than a school
219192 district, if the tax rate is] reported to the comptroller by each
220193 appraisal district, for the year [preceding the year] in which the
221194 list is prepared. The comptroller shall:
222195 (1) prescribe the manner in which and deadline by
223196 which appraisal districts are required to submit the tax rates to
224197 the comptroller; and
225198 (2) list the tax rates alphabetically according to:
226199 (A) the county or counties in which each taxing
227200 unit is located; and
228201 (B) the name of each taxing unit [in descending
229202 order].
230203 (b) Not later than January 1 [December 31] of the following
231204 [each] year, the comptroller shall publish on the comptroller's
232205 Internet website the list required by Subsection (a).
233- SECTION 10. Sections 5.102(a) and (c), Tax Code, are
234- amended to read as follows:
206+ SECTION 9. Sections 5.102(a) and (c), Tax Code, are amended
207+ to read as follows:
235208 (a) At least once every two years, the comptroller shall
236209 review the governance of each appraisal district, the taxpayer
237210 assistance provided by each appraisal district, and the operating
238211 and appraisal standards, procedures, and methodology used by each
239212 appraisal district, to determine compliance with generally
240213 accepted standards, procedures, and methodology, including
241214 compliance with standards, procedures, and methodology prescribed
242- by any appraisal manuals required by law to be prepared and issued
243- by the comptroller. After consultation with the property tax
244- administration advisory board [committee created under Section
245- 403.302, Government Code], the comptroller by rule may establish
246- procedures and standards for conducting and scoring the review.
215+ by appraisal manuals prepared and issued by the comptroller. After
216+ consultation with the property tax administration advisory board
217+ [committee created under Section 403.302, Government Code], the
218+ comptroller by rule may establish procedures and standards for
219+ conducting and scoring the review.
247220 (c) At the conclusion of the review, the comptroller shall,
248221 in writing, notify the appraisal district concerning its
249222 performance in the review. If the review results in a finding that
250223 an appraisal district is not in compliance with generally accepted
251224 standards, procedures, and methodology, including compliance with
252- standards, procedures, and methodology prescribed by any appraisal
253- manuals required by law to be prepared and issued by the
254- comptroller, the comptroller shall deliver a report that details
255- the comptroller's findings and recommendations for improvement to:
225+ standards, procedures, and methodology prescribed by appraisal
226+ manuals prepared and issued by the comptroller, the comptroller
227+ shall deliver a report that details the comptroller's findings and
228+ recommendations for improvement to:
256229 (1) the appraisal district's chief appraiser and board
257230 of directors; and
258231 (2) the superintendent and board of trustees of each
259232 school district participating in the appraisal district.
260- SECTION 11. Chapter 5, Tax Code, is amended by adding
233+ SECTION 10. Chapter 5, Tax Code, is amended by adding
261234 Section 5.104 to read as follows:
262235 Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The
263- comptroller shall:
264- (1) prepare an appraisal review board survey form that
265- allows an individual described by Subsection (b) to submit comments
266- and suggestions to the comptroller regarding an appraisal review
267- board;
268- (2) prepare instructions for completing and
269- submitting the form; and
270- (3) establish and maintain a web page on the
271- comptroller's Internet website that allows an individual described
272- by Subsection (b) to electronically complete and submit the form.
273- (b) The following individuals who attend a hearing in person
274- or by telephone conference call on a motion filed under Section
275- 25.25 to correct the appraisal roll or a protest under Chapter 41
276- may complete and submit a survey form under this section:
277- (1) a property owner whose property is the subject of
278- the motion or protest;
279- (2) the designated agent of the owner; or
236+ comptroller shall prepare:
237+ (1) an appraisal review board survey form that allows
238+ an individual described by Subsection (b) to submit comments and
239+ suggestions to the comptroller regarding an appraisal review board;
240+ and
241+ (2) instructions for completing and submitting the
242+ form.
243+ (b) The following individuals may complete and submit a
244+ survey form under this section:
245+ (1) a property owner who files a motion under Section
246+ 25.25 to correct the appraisal roll or a protest under Chapter 41;
247+ (2) the designated agent of the property owner; or
280248 (3) a designated representative of the appraisal
281- district in which the motion or protest is filed.
249+ district in which the motion or protest is filed who attends the
250+ hearing on the motion or protest.
282251 (c) The survey form must allow an individual to submit
283252 comments and suggestions regarding:
284253 (1) the matters listed in Section 5.103(b); and
285254 (2) any other matter related to the fairness and
286255 efficiency of the appraisal review board.
287- (d) An appraisal district must provide to each property
288- owner or designated agent of the owner who is authorized to submit a
289- survey form under this section a document that states that the owner
290- or agent:
291- (1) is entitled to complete and submit the survey
292- form;
293- (2) may submit the form to the comptroller:
294- (A) in person;
295- (B) by mail;
296- (C) by electronic mail; or
297- (D) through the web page required to be
298- established by the comptroller under Subsection (a)(3); and
299- (3) may obtain a paper copy of the form and
300- instructions for completing the form at the appraisal office.
301- (e) The document described by Subsection (d) must include
302- the uniform resource locator (URL) address of the web page required
303- to be established by the comptroller under Subsection (a)(3).
304- (f) An appraisal district must provide the document
305- described by Subsection (d) to a property owner or the designated
306- agent of the owner:
307- (1) at or before the first hearing on the motion or
308- protest described by Subsection (b) by the appraisal review board
309- established for the appraisal district or by a panel of the board;
310- and
311- (2) with each order under Section 25.25 or 41.47
312- determining a motion or protest, as applicable, delivered by the
313- board or a panel of the board.
314- (g) Notwithstanding Subsections (d) and (f), if an
315- appraisal district provides the document described by Subsection
316- (d) to a property owner or the designated agent of the owner at or
317- before a hearing on a motion or protest described by Subsection (b),
318- the appraisal district is not required to provide another copy of
319- the document to the owner or agent at or before another hearing on a
320- motion or protest held on the same day.
321- (h) An individual who elects to submit the survey form must
256+ (d) An appraisal district must provide the survey form and
257+ the instructions for completing and submitting the form to each
258+ property owner or designated agent of the owner at or before each
259+ hearing conducted under Section 25.25 or Chapter 41 by the
260+ appraisal review board established for the appraisal district or by
261+ a panel of the board.
262+ (e) An individual who elects to submit the survey form must
322263 submit the form to the comptroller as provided by this section. An
323- individual may submit only one survey form for each motion or
324- protest.
325- (i) The comptroller shall allow an individual to submit a
264+ appraisal district may not accept a survey form submitted under
265+ this section. An individual may submit only one survey form for
266+ each motion or protest.
267+ (f) The comptroller shall allow an individual to submit a
326268 survey form to the comptroller in the following manner:
327269 (1) in person;
328270 (2) by mail;
329271 (3) by electronic mail; or
330- (4) through the web page required to be established by
331- the comptroller under Subsection (a)(3).
332- (j) An appraisal district may not require a property owner
272+ (4) through a web page on the comptroller's Internet
273+ website that allows the individual to complete and submit the form.
274+ (g) An appraisal district may not require a property owner
333275 or the designated agent of the owner to complete a survey form at
334- the appraisal office.
335- (k) The comptroller shall issue an annual report that
276+ the appraisal office in order to be permitted to submit the form to
277+ the comptroller.
278+ (h) A property owner, the designated agent of the owner, or
279+ a designated representative of an appraisal district who elects to
280+ submit a survey form must submit the form not later than the 45th
281+ day after the date the form is provided to the owner or agent under
282+ Subsection (d).
283+ (i) The comptroller shall issue an annual report that
336284 summarizes the information included in the survey forms submitted
337- during the preceding tax year. The report may not disclose the
338- identity of an individual who submitted a survey form.
339- (l) The comptroller may adopt rules necessary to implement
285+ during the preceding year. The report may not disclose the identity
286+ of an individual who submitted a survey form.
287+ (j) The comptroller may adopt rules necessary to implement
340288 this section.
341- SECTION 12. Section 5.13(d), Tax Code, is amended to read as
289+ SECTION 11. Section 5.13(d), Tax Code, is amended to read as
342290 follows:
343291 (d) In conducting a general audit, the comptroller shall
344292 consider and report on:
345293 (1) the extent to which the district complies with
346294 applicable law or generally accepted standards of appraisal or
347295 other relevant practice, including appraisal standards and
348- practices prescribed by any appraisal manuals required by law to be
349- prepared and issued by the comptroller;
296+ practices prescribed by appraisal manuals prepared and issued by
297+ the comptroller;
350298 (2) the uniformity and level of appraisal of major
351299 kinds of property and the cause of any significant deviations from
352300 ideal uniformity and equality of appraisal of major kinds of
353301 property;
354302 (3) duplication of effort and efficiency of operation;
355303 (4) the general efficiency, quality of service, and
356304 qualification of appraisal district personnel; and
357305 (5) except as otherwise provided by Subsection (b) [of
358306 this section], any other matter included in the request for the
359307 audit.
360- SECTION 13. Section 6.035(a-1), Tax Code, is amended to
308+ SECTION 12. Section 6.035(a-1), Tax Code, is amended to
361309 read as follows:
362310 (a-1) An individual is ineligible to serve on an appraisal
363311 district board of directors if the individual has engaged in the
364312 business of appraising property for compensation for use in
365313 proceedings under this title or of representing property owners for
366314 compensation in proceedings under this title in the appraisal
367315 district at any time during the preceding three [five] years.
316+ SECTION 13. Section 6.05, Tax Code, is amended by adding
317+ Subsection (k) to read as follows:
318+ (k) The chief appraiser shall establish an office of tax
319+ notices in the appraisal district. The office is responsible for
320+ delivering the notice required by Section 26.04(e-2) and creating
321+ and maintaining the database required by Section 26.17. The office
322+ is administered by the tax notice officer, who is appointed by and
323+ serves at the pleasure of the chief appraiser. The chief appraiser
324+ may designate other personnel to assist the tax notice officer in
325+ performing the functions of the office. In all communications, the
326+ office must identify itself as the "(insert name of county in which
327+ appraisal district is established) County Office of Tax Notices"
328+ rather than as the appraisal district.
368329 SECTION 14. Section 6.15, Tax Code, is amended by adding
369330 Subsection (c-1) to read as follows:
370331 (c-1) Subsections (a) and (b) do not prohibit a member of
371332 the board of directors of an appraisal district from transmitting
372333 to the chief appraiser without comment a complaint by a property
373334 owner or taxing unit about the appraisal of a specific property,
374335 provided that the transmission is in writing.
375336 SECTION 15. Section 6.41, Tax Code, is amended by amending
376337 Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and
377338 (d-10) to read as follows:
378339 (b) Except as provided by Subsection (b-1) or (b-2), an
379340 appraisal review [The] board consists of three members.
380341 (b-1) An appraisal [However, the] district board of
381342 directors by resolution of a majority of the board's [its] members
382343 may increase the size of the district's appraisal review board to
383344 the number of members the board of directors considers appropriate.
384345 (b-2) An appraisal district board of directors for a
385346 district established in a county with a population of one million or
386347 more by resolution of a majority of the board's members shall
387348 increase the size of the district's appraisal review board to the
388349 number of members the board of directors considers appropriate to
389350 manage the duties of the appraisal review board, including the
390351 duties of each special panel established under Section 6.425.
391352 (d-9) In selecting individuals who are to serve as members
392353 of the appraisal review board for an appraisal district described
393354 by Subsection (b-2), the local administrative district judge shall
394355 select an adequate number of qualified individuals to permit the
395356 chairman of the appraisal review board to fill the positions on each
396357 special panel established under Section 6.425.
397358 (d-10) Upon selection of the individuals who are to serve as
398359 members of the appraisal review board, the local administrative
399360 district judge shall enter an appropriate order designating such
400361 members and setting each member's respective term of office, as
401362 provided elsewhere in this section.
402363 SECTION 16. Sections 6.412(a) and (d), Tax Code, are
403364 amended to read as follows:
404365 (a) An individual is ineligible to serve on an appraisal
405366 review board if the individual:
406367 (1) is related within the second degree by
407368 consanguinity or affinity, as determined under Chapter 573,
408369 Government Code, to an individual who is engaged in the business of
409370 appraising property for compensation for use in proceedings under
410371 this title or of representing property owners for compensation in
411372 proceedings under this title in the appraisal district for which
412373 the appraisal review board is established;
413374 (2) owns property on which delinquent taxes have been
414375 owed to a taxing unit for more than 60 days after the date the
415376 individual knew or should have known of the delinquency unless:
416377 (A) the delinquent taxes and any penalties and
417378 interest are being paid under an installment payment agreement
418379 under Section 33.02; or
419380 (B) a suit to collect the delinquent taxes is
420381 deferred or abated under Section 33.06 or 33.065; or
421382 (3) is related within the third degree by
422383 consanguinity or within the second degree by affinity, as
423384 determined under Chapter 573, Government Code, to a member of:
424385 (A) the appraisal district's board of directors;
425386 or
426387 (B) the appraisal review board.
427388 (d) A person is ineligible to serve on the appraisal review
428389 board of an appraisal district established for a county described
429390 by Section 6.41(d-1) [having a population of more than 100,000] if
430391 the person:
431392 (1) is a former member of the board of directors,
432393 former officer, or former employee of the appraisal district;
433394 (2) served as a member of the governing body or officer
434395 of a taxing unit for which the appraisal district appraises
435396 property, until the fourth anniversary of the date the person
436397 ceased to be a member or officer; [or]
437398 (3) appeared before the appraisal review board for
438399 compensation during the two-year period preceding the date the
439400 person is appointed; or
440401 (4) served for all or part of three previous terms as a
441402 board member or auxiliary board member on the appraisal review
442403 board.
443404 SECTION 17. Section 6.414(d), Tax Code, is amended to read
444405 as follows:
445406 (d) An auxiliary board member may hear taxpayer protests
446407 before the appraisal review board. An auxiliary board member may
447408 not hear taxpayer protests before a special panel established under
448409 Section 6.425 unless the member is eligible to be appointed to the
449410 special panel. If one or more auxiliary board members sit on a
450411 panel established under Section 6.425 or 41.45 to conduct a protest
451412 hearing, the number of regular appraisal review board members
452413 required by that section to constitute the panel is reduced by the
453414 number of auxiliary board members sitting. An auxiliary board
454415 member sitting on a panel is considered a regular board member for
455416 all purposes related to the conduct of the hearing.
456417 SECTION 18. Section 6.42, Tax Code, is amended by amending
457418 Subsection (a) and adding Subsection (d) to read as follows:
458419 (a) A majority of the appraisal review board constitutes a
459420 quorum. The local administrative district judge under Subchapter
460421 D, Chapter 74, Government Code, in the county in which [board of
461422 directors of] the appraisal district is established [by resolution]
462423 shall select a chairman and a secretary from among the members of
463424 the appraisal review board. The judge [board of directors of the
464425 appraisal district] is encouraged to select as chairman [of the
465426 appraisal review board] a member of the appraisal review board, if
466427 any, who has a background in law and property appraisal.
467428 (d) The concurrence of a majority of the members of the
468- appraisal review board present at a meeting of the board is
469- sufficient for a recommendation, determination, decision, or other
470- action by the board. The concurrence of a majority of the members
471- of a panel of the board present at a meeting of the panel is
472- sufficient for a recommendation by the panel. The concurrence of
473- more than a majority of the members of the board or panel may not be
474- required.
429+ appraisal review board or a panel of the board present at a meeting
430+ of the board or panel is sufficient for a recommendation,
431+ determination, decision, or other action by the board or panel, and
432+ the concurrence of more than a majority of the members of the board
433+ or panel may not be required.
475434 SECTION 19. Subchapter C, Chapter 6, Tax Code, is amended by
476435 adding Section 6.425 to read as follows:
477436 Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN
478437 CERTAIN DISTRICTS. (a) This section applies only to the appraisal
479438 review board for an appraisal district described by Section
480439 6.41(b-2).
481440 (b) The appraisal review board shall establish special
482441 panels to conduct protest hearings under Chapter 41 relating to
483442 property that:
484443 (1) has an appraised value of $50 million or more as
485444 determined by the appraisal district; and
486445 (2) is included in one of the following
487446 classifications:
488447 (A) commercial real and personal property;
489448 (B) real and personal property of utilities;
490449 (C) industrial and manufacturing real and
491450 personal property; and
492451 (D) multifamily residential real property.
493452 (c) Each special panel described by this section consists of
494453 three members of the appraisal review board appointed by the
495454 chairman of the board.
496455 (d) To be eligible to be appointed to a special panel
497456 described by this section, a member of the appraisal review board
498457 must:
499458 (1) hold a juris doctor or equivalent degree;
500459 (2) hold a master of business administration degree;
501460 (3) be licensed as a certified public accountant under
502461 Chapter 901, Occupations Code;
503462 (4) be accredited by the American Society of
504463 Appraisers as an accredited senior appraiser;
505464 (5) possess an MAI professional designation from the
506465 Appraisal Institute;
507466 (6) possess a Certified Assessment Evaluator (CAE)
508467 professional designation from the International Association of
509468 Assessing Officers;
510469 (7) have at least 10 years of experience in property
511470 tax appraisal or consulting; or
512471 (8) be licensed as a real estate broker or sales agent
513472 under Chapter 1101, Occupations Code.
514473 (e) Notwithstanding Subsection (d), the chairman of the
515474 appraisal review board may appoint to a special panel described by
516475 this section a member of the appraisal review board who does not
517476 meet the qualifications prescribed by that subsection if:
518477 (1) the number of persons appointed to the board by the
519478 local administrative district judge who meet those qualifications
520479 is not sufficient to fill the positions on each special panel; and
521480 (2) the board member being appointed to the panel
522481 holds a bachelor's degree in any field.
523482 (f) In addition to conducting protest hearings relating to
524483 property described by Subsection (b) of this section, a special
525484 panel may conduct protest hearings under Chapter 41 relating to
526485 property not described by Subsection (b) of this section as
527486 assigned by the chairman of the appraisal review board.
528- SECTION 20. Section 22.23(d), Tax Code, is amended to read
487+ SECTION 20. Section 11.4391(a), Tax Code, is amended to
488+ read as follows:
489+ (a) The chief appraiser shall accept and approve or deny an
490+ application for an exemption for freeport goods under Section
491+ 11.251 after the deadline for filing it has passed if it is filed
492+ not later than June 1 [15].
493+ SECTION 21. Sections 22.23(a) and (b), Tax Code, are
494+ amended to read as follows:
495+ (a) Rendition statements and property reports must be
496+ delivered to the chief appraiser after January 1 and not later than
497+ April 1 [15], except as provided by Section 22.02.
498+ (b) On written request by the property owner, the chief
499+ appraiser shall extend a deadline for filing a rendition statement
500+ or property report to a date not later than May 1 [15]. The chief
501+ appraiser may further extend the deadline an additional 15 days
502+ upon good cause shown in writing by the property owner.
503+ SECTION 22. Section 23.01(b), Tax Code, is amended to read
529504 as follows:
530- (d) Notwithstanding any other provision of this section,
531- rendition statements and property reports required to be filed by a
532- property owner [for property] regulated by the Public Utility
533- Commission of Texas, the Railroad Commission of Texas, the federal
534- Surface Transportation Board, or the Federal Energy Regulatory
535- Commission must be delivered to the chief appraiser not later than
536- April 30, except as provided by Section 22.02. The chief appraiser
537- may extend the filing deadline in the manner prescribed by
538- Subsection (b) [15 days for good cause shown in writing by the
539- property owner].
540- SECTION 21. Section 23.01, Tax Code, is amended by amending
541- Subsection (b) and adding Subsection (h) to read as follows:
542505 (b) The market value of property shall be determined by the
543506 application of generally accepted appraisal methods and
544507 techniques, including appraisal methods and techniques prescribed
545- by any appraisal manuals required by law to be prepared and issued
546- by the comptroller. If the appraisal district determines the
547- appraised value of a property using mass appraisal standards, the
548- mass appraisal standards must comply with the Uniform Standards of
549- Professional Appraisal Practice. The same or similar appraisal
550- methods and techniques shall be used in appraising the same or
551- similar kinds of property. However, each property shall be
552- appraised based upon the individual characteristics that affect the
553- property's market value, and all available evidence that is
554- specific to the value of the property shall be taken into account in
555- determining the property's market value.
556- (h) Appraisal methods and techniques included in the most
557- recent versions of the following are considered generally accepted
558- appraisal methods and techniques for the purposes of this title:
559- (1) the Appraisal of Real Estate published by the
560- Appraisal Institute;
561- (2) the Dictionary of Real Estate Appraisal published
562- by the Appraisal Institute;
563- (3) the Uniform Standards of Professional Appraisal
564- Practice published by The Appraisal Foundation;
565- (4) a publication of the International Association of
566- Assessing Officers that includes information related to mass
567- appraisal; and
568- (5) any other verifiable authority if none of the
569- publications described by Subdivisions (1)-(4) includes a
570- generally accepted appraisal methodology or technique applicable
571- to the appraisal of one or more classes of property.
572- SECTION 22. Section 25.19, Tax Code, is amended by amending
573- Subsections (b) and (i) and adding Subsections (b-3) and (b-4) to
574- read as follows:
508+ by appraisal manuals prepared and issued by the comptroller. If the
509+ appraisal district determines the appraised value of a property
510+ using mass appraisal standards, the mass appraisal standards must
511+ comply with the Uniform Standards of Professional Appraisal
512+ Practice. The same or similar appraisal methods and techniques
513+ shall be used in appraising the same or similar kinds of property.
514+ However, each property shall be appraised based upon the individual
515+ characteristics that affect the property's market value, and all
516+ available evidence that is specific to the value of the property
517+ shall be taken into account in determining the property's market
518+ value.
519+ SECTION 23. Section 25.19, Tax Code, is amended by amending
520+ Subsections (a), (b), (g), and (i) and adding Subsections (b-3) and
521+ (b-4) to read as follows:
522+ (a) By April 15 [1] or as soon thereafter as practicable [if
523+ the property is a single-family residence that qualifies for an
524+ exemption under Section 11.13, or by May 1 or as soon thereafter as
525+ practicable in connection with any other property], the chief
526+ appraiser shall deliver a clear and understandable written notice
527+ to a property owner of the appraised value of the property owner's
528+ property if:
529+ (1) the appraised value of the property is greater
530+ than it was in the preceding year;
531+ (2) the appraised value of the property is greater
532+ than the value rendered by the property owner;
533+ (3) the property was not on the appraisal roll in the
534+ preceding year; or
535+ (4) an exemption or partial exemption approved for the
536+ property for the preceding year was canceled or reduced for the
537+ current year.
575538 (b) The chief appraiser shall separate real from personal
576539 property and include in the notice for each:
577540 (1) a list of the taxing units in which the property is
578541 taxable;
579542 (2) the appraised value of the property in the
580543 preceding year;
581544 (3) the taxable value of the property in the preceding
582545 year for each taxing unit taxing the property;
583546 (4) the appraised value of the property for the
584547 current year, the kind and amount of each exemption and partial
585548 exemption, if any, approved for the property for the current year
586549 and for the preceding year, and, if an exemption or partial
587550 exemption that was approved for the preceding year was canceled or
588551 reduced for the current year, the amount of the exemption or partial
589552 exemption canceled or reduced;
590553 (5) [if the appraised value is greater than it was in
591554 the preceding year, the amount of tax that would be imposed on the
592555 property on the basis of the tax rate for the preceding year;
593556 [(6)] in italic typeface, the following
594557 statement: "The Texas Legislature does not set the amount of your
595558 local taxes. Your property tax burden is decided by your locally
596559 elected officials, and all inquiries concerning your taxes should
597560 be directed to those officials";
598561 (6) [(7)] a detailed explanation of the time and
599562 procedure for protesting the value;
600563 (7) [(8)] the date and place the appraisal review
601564 board will begin hearing protests; and
602565 (8) [(9)] a brief explanation that the governing body
603566 of each taxing unit decides whether or not taxes on the property
604567 will increase and the appraisal district only determines the value
605568 of the property.
606569 (b-3) This subsection applies only to an appraisal district
607570 described by Section 6.41(b-2). In addition to the information
608571 required by Subsection (b), the chief appraiser shall state in a
609572 notice of appraised value of property described by Section 6.425(b)
610573 that the property owner has the right to have a protest relating to
611574 the property heard by a special panel of the appraisal review board.
612575 (b-4) Subsection (b)(5) applies only to a notice of
613576 appraised value required to be delivered by the chief appraiser of
614577 an appraisal district established in a county with a population of
615578 less than 120,000. This subsection expires January 1, 2022.
579+ (g) By April 15 [1] or as soon thereafter as practicable [if
580+ the property is a single-family residence that qualifies for an
581+ exemption under Section 11.13, or by May 1 or as soon thereafter as
582+ practicable in connection with any other property], the chief
583+ appraiser shall deliver a written notice to the owner of each
584+ property not included in a notice required to be delivered under
585+ Subsection (a), if the property was reappraised in the current tax
586+ year, if the ownership of the property changed during the preceding
587+ year, or if the property owner or the agent of a property owner
588+ authorized under Section 1.111 makes a written request for the
589+ notice. The chief appraiser shall separate real from personal
590+ property and include in the notice for each property:
591+ (1) the appraised value of the property in the
592+ preceding year;
593+ (2) the appraised value of the property for the
594+ current year and the kind of each partial exemption, if any,
595+ approved for the current year;
596+ (3) a detailed explanation of the time and procedure
597+ for protesting the value; and
598+ (4) the date and place the appraisal review board will
599+ begin hearing protests.
616600 (i) Delivery with a notice required by Subsection (a) or (g)
617601 of a copy of the pamphlet published by the comptroller under Section
618602 5.06 or a copy of the notice published by the chief appraiser under
619603 Section 41.70 is sufficient to comply with the requirement that the
620604 notice include the information specified by Subsection (b)(6)
621605 [(b)(7)] or (g)(3), as applicable.
622- SECTION 23. Section 26.01, Tax Code, is amended by adding
623- Subsection (a-1) to read as follows:
624- (a-1) If by July 20 the appraisal review board for an
625- appraisal district has not approved the appraisal records for the
626- district as required under Section 41.12, the chief appraiser shall
627- not later than July 25 prepare and certify to the assessor for each
628- taxing unit participating in the district an estimate of the
629- taxable value of property in that taxing unit.
630- SECTION 24. Section 26.012, Tax Code, is amended by
631- amending Subdivisions (7) and (10) and adding Subdivisions (10-a),
632- (19), (20), (21), and (22) to read as follows:
633- (7) "Debt" means a bond, warrant, certificate of
634- obligation, or other evidence of indebtedness owed by a taxing unit
635- that has been approved at an election and is payable solely from
636- property taxes in installments over a period of more than one year,
637- not budgeted for payment from maintenance and operations funds, and
638- secured by a pledge of property taxes, or a payment made under
639- contract to secure indebtedness of a similar nature issued by
640- another political subdivision on behalf of the taxing unit.
641- (10) "Excess collections" means the amount, if any, by
642- which debt taxes collected in the preceding year exceeded the
643- amount anticipated in the preceding year's calculation of the
644- rollback tax rate, as certified by the collector under Section
645- 26.04(b) [of this code].
646- (10-a) "Inflation rate" means the amount, expressed in
647- decimal form rounded to the nearest thousandth, computed by
648- determining the percentage change in the consumer price index for
649- the preceding calendar year as compared to the consumer price index
650- for the calendar year preceding that calendar year.
651- (19) "Revenue enrichment amount" means the amount for
652- the current tax year published by the comptroller under Section
653- 26.04(b-1).
654- (20) "Revenue enrichment rate" means the rate that,
655- when applied to a taxing unit's current total value, will impose an
656- amount of taxes equal to the revenue enrichment amount.
657- (21) "Special taxing unit" means:
658- (A) a taxing unit, other than a school district,
659- for which the maintenance and operations tax rate proposed for the
660- current tax year is 2.5 cents or less per $100 of taxable value;
661- (B) a junior college district;
662- (C) a hospital district; or
663- (D) an emergency services district created under
664- Chapter 775, Health and Safety Code.
665- (22) "Unused increment rate" means the rate equal to
666- the positive difference between:
667- (A) the aggregate rate by which a taxing unit's
668- rollback tax rate, calculated without regard to this subdivision,
669- exceeded the taxing unit's adopted tax rate in the preceding five
670- tax years; and
671- (B) the aggregate rate by which a taxing unit's
672- adopted tax rate exceeded the taxing unit's rollback tax rate,
673- calculated without regard to this subdivision, in the preceding
674- five tax years.
675- SECTION 25. Section 26.012(9), Tax Code, is redesignated as
606+ SECTION 24. Section 25.22(a), Tax Code, is amended to read
607+ as follows:
608+ (a) By May 1 [15] or as soon thereafter as practicable, the
609+ chief appraiser shall submit the completed appraisal records to the
610+ appraisal review board for review and determination of protests.
611+ However, the chief appraiser may not submit the records until the
612+ chief appraiser has delivered the notices required by Sections
613+ 11.45(d) [Subsection (d) of Section 11.45], 23.44(d) [Subsection
614+ (d) of Section 23.44], 23.57(d) [Subsection (d) of Section 23.57],
615+ 23.79(d) [Subsection (d) of Section 23.79], 23.85(d) [Subsection
616+ (d) of Section 23.85], 23.95(d) [Subsection (d) of Section 23.95],
617+ 23.9805(d) [Subsection (d) of Section 23.9805], and [Section]
618+ 25.19.
619+ SECTION 25. Sections 26.01(a) and (e), Tax Code, are
620+ amended to read as follows:
621+ (a) By July 10 [25], the chief appraiser shall prepare and
622+ certify to the assessor for each taxing unit participating in the
623+ district that part of the appraisal roll for the district that lists
624+ the property taxable by the taxing unit. The part certified to the
625+ assessor is the appraisal roll for the taxing unit. The chief
626+ appraiser shall consult with the assessor for each taxing unit and
627+ notify each taxing unit in writing by April 1 of the form in which
628+ the roll will be provided to each taxing unit.
629+ (e) Except as provided by Subsection (f), not later than May
630+ 15 [April 30], the chief appraiser shall prepare and certify to the
631+ assessor for each county, municipality, and school district
632+ participating in the appraisal district an estimate of the taxable
633+ value of property in that taxing unit. The chief appraiser shall
634+ assist each county, municipality, and school district in
635+ determining values of property in that taxing unit for the taxing
636+ unit's budgetary purposes.
637+ SECTION 26. Section 26.012(9), Tax Code, is redesignated as
676638 Section 26.012(18), Tax Code, and amended to read as follows:
677639 (18) "No-new-revenue [(9) "Effective] maintenance
678640 and operations rate" means a rate expressed in dollars per $100 of
679641 taxable value and calculated according to the following formula:
680642 NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS
681643 RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST
682644 YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE -
683645 NEW PROPERTY VALUE)
684- SECTION 26. Chapter 26, Tax Code, is amended by adding
685- Section 26.013 to read as follows:
686- Sec. 26.013. CALCULATION OF UNUSED INCREMENT RATE IN
687- CERTAIN TAX YEARS. (a) Notwithstanding Section 26.012(22), until
688- December 31, 2024, for purposes of calculating the unused increment
689- rate:
690- (1) the aggregate rate by which a taxing unit's
691- rollback tax rate, calculated without regard to Section 26.012(22),
692- exceeded the taxing unit's adopted tax rate in preceding tax years
693- may include only the adopted tax rates for tax years that begin on
694- or after January 1, 2020; and
695- (2) the aggregate rate by which a taxing unit's adopted
696- tax rate exceeded the taxing unit's rollback tax rate, calculated
697- without regard to Section 26.012(22), in preceding tax years may
698- include only the adopted tax rates for tax years that begin on or
699- after January 1, 2020.
700- (b) This section expires December 31, 2024.
701- SECTION 27. The heading to Section 26.04, Tax Code, is
646+ SECTION 27. Section 26.012, Tax Code, is amended by
647+ amending Subdivision (10) and adding Subdivision (19) to read as
648+ follows:
649+ (10) "Excess collections" means the amount, if any, by
650+ which debt taxes collected in the preceding year exceeded the
651+ amount anticipated in the preceding year's calculation of the
652+ rollback tax rate, as certified by the collector under Section
653+ 26.04(b) [of this code].
654+ (19) "Small taxing unit" means a taxing unit, other
655+ than a school district, for which the sum of the following amounts
656+ is $15 million or less:
657+ (A) the total amount of property taxes that would
658+ be imposed by the taxing unit for the current tax year if the tax
659+ rate proposed for that tax year were applied to the current total
660+ value for the taxing unit; and
661+ (B) the total amount of sales and use tax revenue
662+ received by the taxing unit, if any, for the last preceding four
663+ quarters for which that information is available.
664+ SECTION 28. The heading to Section 26.04, Tax Code, is
702665 amended to read as follows:
703666 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
704667 NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES.
705- SECTION 28. Section 26.04, Tax Code, is amended by amending
668+ SECTION 29. Section 26.04, Tax Code, is amended by amending
706669 Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and
707- adding Subsections (b-1), (c-1), (c-2), (d-1), (d-2), (d-3), (e-2),
708- (e-3), (e-4), (e-5), (h-1), and (h-2) to read as follows:
670+ adding Subsections (c-1), (d-1), (d-2), (d-3), (e-2), (e-3), (e-4),
671+ (e-5), (h-1), and (h-2) to read as follows:
709672 (b) The assessor shall submit the appraisal roll for the
710673 taxing unit showing the total appraised, assessed, and taxable
711674 values of all property and the total taxable value of new property
712- to the governing body of the taxing unit by August 1 or as soon
713- thereafter as practicable. By August 1 or as soon thereafter as
714- practicable, the taxing unit's collector shall certify [an estimate
715- of] the anticipated collection rate as calculated under Subsections
716- (h), (h-1), and (h-2) for the current year to the governing body.
717- If the collector certified an anticipated collection rate in the
718- preceding year and the actual collection rate in that year exceeded
719- the anticipated rate, the collector shall also certify the amount
720- of debt taxes collected in excess of the anticipated amount in the
721- preceding year.
722- (b-1) By August 1 or as soon thereafter as practicable, the
723- comptroller shall determine the revenue enrichment amount for the
724- current tax year and publish that amount in the Texas Register. The
725- revenue enrichment amount for the 2020 tax year is $250,000. For
726- each succeeding tax year, the revenue enrichment amount is equal to
727- the revenue enrichment amount for the preceding tax year as
728- adjusted by the comptroller to reflect the inflation rate.
675+ to the governing body of the taxing unit by July 15 [August 1] or as
676+ soon thereafter as practicable. By July 15 [August 1] or as soon
677+ thereafter as practicable, the taxing unit's collector shall
678+ certify [an estimate of] the anticipated collection rate as
679+ calculated under Subsections (h), (h-1), and (h-2) for the current
680+ year to the governing body. If the collector certified an
681+ anticipated collection rate in the preceding year and the actual
682+ collection rate in that year exceeded the anticipated rate, the
683+ collector shall also certify the amount of debt taxes collected in
684+ excess of the anticipated amount in the preceding year.
729685 (c) After the assessor for the taxing unit submits the
730686 appraisal roll for the taxing unit to the governing body of the
731- taxing unit as required by Subsection (b) and the comptroller
732- publishes the revenue enrichment amount for the current tax year as
733- required by Subsection (b-1), an [An] officer or employee
734- designated by the governing body shall calculate the no-new-revenue
735- [effective] tax rate and the rollback tax rate for the taxing unit,
736- where:
687+ taxing unit as required by Subsection (b), an [An] officer or
688+ employee designated by the governing body shall calculate the
689+ no-new-revenue [effective] tax rate and the rollback tax rate for
690+ the taxing unit, where:
737691 (1) "No-new-revenue [Effective] tax rate" means a rate
738692 expressed in dollars per $100 of taxable value calculated according
739693 to the following formula:
740694 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST YEAR'S
741695 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE -
742696 NEW PROPERTY VALUE)
743697 ; and
744698 (2) "Rollback tax rate" means a rate expressed in
745699 dollars per $100 of taxable value calculated according to the
746700 following applicable formula:
747- (A) for a special taxing unit:
701+ (A) for a small taxing unit:
748702 ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE]
749703 MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT
750704 RATE
751705 ; or
752- (B) for a taxing unit other than a special taxing
706+ (B) for a taxing unit other than a small taxing
753707 unit:
754708 ROLLBACK TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
755- OPERATIONS RATE x 1.025) + (CURRENT DEBT RATE + REVENUE
756- ENRICHMENT RATE + UNUSED INCREMENT RATE)
709+ OPERATIONS RATE x 1.025) + CURRENT DEBT RATE
757710 (c-1) Notwithstanding any other provision of this section,
758- the governing body of a taxing unit other than a special taxing unit
711+ the governing body of a taxing unit other than a small taxing unit
759712 may direct the designated officer or employee to calculate the
760713 rollback tax rate of the taxing unit in the manner provided for a
761- special taxing unit if any part of the taxing unit is located in an
714+ small taxing unit if any part of the taxing unit is located in an
762715 area declared a disaster area during the current tax year by the
763716 governor or by the president of the United States. The designated
764717 officer or employee shall continue calculating the rollback tax
765718 rate in the manner provided by this subsection until the earlier of:
766719 (1) the first tax year in which the total taxable value
767720 of property taxable by the taxing unit as shown on the appraisal
768721 roll for the taxing unit submitted by the assessor for the taxing
769722 unit to the governing body exceeds the total taxable value of
770723 property taxable by the taxing unit on January 1 of the tax year in
771724 which the disaster occurred; or
772725 (2) the fifth tax year after the tax year in which the
773726 disaster occurred.
774- (c-2) Notwithstanding any other provision of this section,
775- if the assessor for a taxing unit receives a certified estimate of
776- the taxable value of property in the taxing unit under Section
777- 26.01(a-1), the officer or employee designated by the governing
778- body of the taxing unit shall calculate the no-new-revenue tax rate
779- and rollback tax rate using the certified estimate of taxable
780- value.
781727 (d) The no-new-revenue [effective] tax rate for a county is
782728 the sum of the no-new-revenue [effective] tax rates calculated for
783729 each type of tax the county levies and the rollback tax rate for a
784730 county is the sum of the rollback tax rates calculated for each type
785731 of tax the county levies.
786732 (d-1) The designated officer or employee shall use the tax
787733 rate calculation forms prescribed by the comptroller under Section
788734 5.07 in calculating the no-new-revenue tax rate and the rollback
789735 tax rate.
790736 (d-2) The designated officer or employee may not submit the
791737 no-new-revenue tax rate and the rollback tax rate to the governing
792738 body of the taxing unit and the taxing unit may not adopt a tax rate
793739 until the designated officer or employee certifies on the tax rate
794740 calculation forms that the designated officer or employee has
795741 accurately calculated the tax rates and has used values that are the
796742 same as the values shown in the taxing unit's certified appraisal
797743 roll in performing the calculations.
798744 (d-3) As soon as practicable after the designated officer or
799745 employee calculates the no-new-revenue tax rate and the rollback
800746 tax rate of the taxing unit, the designated officer or employee
801747 shall submit the tax rate calculation forms used in calculating the
802748 rates to the county assessor-collector for each county in which all
803749 or part of the territory of the taxing unit is located.
804- (e) By August 7 or as soon thereafter as practicable, the
805- designated officer or employee shall:
806- (1) submit the rates to the governing body;
807- (2) [. He shall deliver by mail to each property owner
808- in the unit or] publish the rates in a newspaper having general
809- circulation in the county in which the taxing unit is located or
810- primarily located;
811- (3) post the rates in a prominent location on the
812- taxing unit's Internet website; and
813- (4) prepare and submit to the governing body [in the
814- form prescribed by the comptroller:
815- [(1) the effective tax rate, the rollback tax rate,
816- and an explanation of how they were calculated;
817- [(2) the estimated amount of interest and sinking fund
750+ (e) By July 22 [August 7] or as soon thereafter as
751+ practicable, the designated officer or employee shall submit the
752+ rates to the governing body. By July 27, the designated officer or
753+ employee [He] shall deliver by mail to each property owner in the
754+ taxing unit or publish in a newspaper, and shall also post
755+ prominently on the home page of the taxing unit's Internet website
756+ if published in a newspaper, in the form prescribed by the
757+ comptroller:
758+ (1) the no-new-revenue [effective] tax rate, the
759+ rollback tax rate, and an explanation of how they were calculated;
760+ (2) the estimated amount of interest and sinking fund
818761 balances and the estimated amount of maintenance and operation or
819762 general fund balances remaining at the end of the current fiscal
820763 year that are not encumbered with or by corresponding existing debt
821764 obligation;
822- [(3)] a schedule of the taxing unit's debt obligations
765+ (3) a schedule of the taxing unit's debt obligations
823766 showing:
824767 (A) the amount of principal and interest that
825768 will be paid to service the taxing unit's debts in the next year
826769 from property tax revenue, including payments of lawfully incurred
827770 contractual obligations providing security for the payment of the
828771 principal of and interest on bonds and other evidences of
829772 indebtedness issued on behalf of the taxing unit by another
830773 political subdivision and, if the taxing unit is created under
831774 Section 52, Article III, or Section 59, Article XVI, Texas
832775 Constitution, payments on debts that the taxing unit anticipates to
833776 incur in the next calendar year;
834777 (B) the amount by which taxes imposed for debt
835778 are to be increased because of the taxing unit's anticipated
836779 collection rate; and
837780 (C) the total of the amounts listed in Paragraphs
838781 (A)-(B), less any amount collected in excess of the previous year's
839- anticipated collections certified as provided in Subsection (b)[;
840- [(4) the amount of additional sales and use tax
841- revenue anticipated in calculations under Section 26.041;
842- [(5) a statement that the adoption of a tax rate equal
843- to the effective tax rate would result in an increase or decrease,
844- as applicable, in the amount of taxes imposed by the unit as
845- compared to last year's levy, and the amount of the increase or
846- decrease;
847- [(6) in the year that a taxing unit calculates an
782+ anticipated collections certified as provided in Subsection (b);
783+ (4) the amount of additional sales and use tax revenue
784+ anticipated in calculations under Section 26.041;
785+ (5) a statement that the adoption of a tax rate equal
786+ to the no-new-revenue [effective] tax rate would result in an
787+ increase or decrease, as applicable, in the amount of taxes imposed
788+ by the taxing unit as compared to last year's levy, and the amount
789+ of the increase or decrease;
790+ (6) in the year that a taxing unit calculates an
848791 adjustment under Subsection (i) or (j), a schedule that includes
849792 the following elements:
850- [(A) the name of the unit discontinuing the
793+ (A) the name of the taxing unit discontinuing the
851794 department, function, or activity;
852- [(B) the amount of property tax revenue spent by
853- the unit listed under Paragraph (A) to operate the discontinued
854- department, function, or activity in the 12 months preceding the
855- month in which the calculations required by this chapter are made;
856- and
857- [(C) the name of the unit that operates a
795+ (B) the amount of property tax revenue spent by
796+ the taxing unit listed under Paragraph (A) to operate the
797+ discontinued department, function, or activity in the 12 months
798+ preceding the month in which the calculations required by this
799+ chapter are made; and
800+ (C) the name of the taxing unit that operates a
858801 distinct department, function, or activity in all or a majority of
859802 the territory of a taxing unit that has discontinued operating the
860803 distinct department, function, or activity; and
861- [(7) in the year following the year in which a taxing
862- unit raised its rollback rate as required by Subsection (j), a
804+ (7) in the year following the year in which a taxing
805+ unit raised its rollback tax rate as required by Subsection (j), a
863806 schedule that includes the following elements:
864- [(A) the amount of property tax revenue spent by
865- the unit to operate the department, function, or activity for which
866- the taxing unit raised the rollback rate as required by Subsection
867- (j) for the 12 months preceding the month in which the calculations
868- required by this chapter are made; and
869- [(B) the amount published by the unit in the
870- preceding tax year under Subdivision (6)(B)].
807+ (A) the amount of property tax revenue spent by
808+ the taxing unit to operate the department, function, or activity
809+ for which the taxing unit raised the rollback tax rate as required
810+ by Subsection (j) for the 12 months preceding the month in which the
811+ calculations required by this chapter are made; and
812+ (B) the amount published by the taxing unit in
813+ the preceding tax year under Subdivision (6)(B).
871814 (e-1) The tax rate certification requirements imposed by
872815 Subsection (d-2) and the notice requirements imposed by Subsections
873- (e)(2)-(4) [(e)(1)-(6)] do not apply to a school district.
874- (e-2) By August 7 or as soon thereafter as practicable, the
875- chief appraiser of each appraisal district shall deliver by regular
876- mail or e-mail to each owner of property located in the appraisal
877- district a notice that the estimated amount of taxes to be imposed
878- on the owner's property by each taxing unit in which the property is
879- located may be found in the property tax database maintained by the
880- appraisal district under Section 26.17. The notice must include:
881- (1) a statement directing the property owner to an
882- Internet website from which the owner may access information
883- related to the actions taken or proposed to be taken by each taxing
884- unit in which the property is located that may affect the taxes
885- imposed on the owner's property;
816+ (e)(1)-(6) do not apply to a school district.
817+ (e-2) By July 22 or as soon thereafter as practicable, the
818+ tax notice officer of each appraisal district shall deliver by
819+ regular mail or e-mail to each owner of property located in the
820+ appraisal district a notice that the estimated amount of taxes to be
821+ imposed on the owner's property by each taxing unit in which the
822+ property is located may be found in the real-time tax database
823+ maintained by the tax notice officer under Section 26.17. The
824+ notice must include:
825+ (1) the following statement:
826+ "PROPOSED (tax year) PROPERTY TAX BILL INFORMATION
827+ "Information concerning the (insert tax year) property taxes
828+ on your property proposed by your local taxing units, together with
829+ information about expressing your support for or opposition to the
830+ proposed property taxes, may be found in the real-time tax notice at
831+ the website listed below:
832+ "(address of the Internet website at which the information
833+ may be found)";
886834 (2) a statement that the property owner may request
887- from the county assessor-collector for the county in which the
888- property is located or, if the county assessor-collector does not
889- assess taxes for the county, the person who assesses taxes for the
890- county under Section 6.24(b), contact information for the assessor
891- for each taxing unit in which the property is located, who must
892- provide the information described by this subsection to the owner
893- on request; and
894- (3) the name, address, and telephone number of the
895- county assessor-collector for the county in which the property is
896- located or, if the county assessor-collector does not assess taxes
897- for the county, the person who assesses taxes for the county under
898- Section 6.24(b).
899- (e-3) The statement described by Subsection (e-2)(1) must
900- include a heading that is in bold, capital letters in type larger
901- than that used in the other provisions of the notice.
902- (e-4) The comptroller:
903- (1) with the advice of the property tax administration
904- advisory board, shall adopt rules prescribing the form of the
905- notice required by Subsection (e-2); and
906- (2) may adopt rules regarding the format and delivery
907- of the notice.
835+ from the county assessor-collector contact information for the
836+ assessor for each taxing unit in which the property is located, who
837+ must provide the information described by this subsection to the
838+ owner on request; and
839+ (3) the address and telephone number of the county
840+ assessor-collector.
841+ (e-3) The heading of the statement described by Subsection
842+ (e-2)(1) must be in bold, capital letters in type larger than that
843+ used in the other provisions of the notice.
844+ (e-4) The comptroller may adopt rules regarding the format
845+ and delivery of the notice required by Subsection (e-2).
908846 (e-5) The governing body of a taxing unit shall include as
909847 an appendix to the taxing unit's budget for a fiscal year the tax
910848 rate calculation forms used by the designated officer or employee
911849 of the taxing unit to calculate the no-new-revenue tax rate and the
912850 rollback tax rate of the taxing unit for the tax year in which the
913851 fiscal year begins.
914852 (f) If as a result of consolidation of taxing units a taxing
915853 unit includes territory that was in two or more taxing units in the
916854 preceding year, the amount of taxes imposed in each in the preceding
917855 year is combined for purposes of calculating the no-new-revenue
918856 [effective] and rollback tax rates under this section.
919857 (g) A person who owns taxable property is entitled to an
920858 injunction prohibiting the taxing unit in which the property is
921859 taxable from adopting a tax rate if the assessor or designated
922- officer or employee of the taxing unit, the chief appraiser of the
923- applicable appraisal district, or the taxing unit, as applicable,
924- has not complied with the computation, [or] publication, or posting
925- requirements of this section or Section 26.16, 26.17, or 26.18 [and
926- the failure to comply was not in good faith]. It is a defense in an
927- action for an injunction under this subsection that the failure to
928- comply was in good faith.
860+ officer or employee of the taxing unit, the tax notice officer of
861+ the applicable appraisal district, or the taxing unit, as
862+ applicable, has not complied with the computation, [or]
863+ publication, or posting requirements of this section or Section
864+ 26.16, 26.17, or 26.18 [and the failure to comply was not in good
865+ faith]. It is a defense in an action for an injunction under this
866+ subsection that the failure to comply was in good faith.
929867 (h-1) Notwithstanding Subsection (h), if the anticipated
930868 collection rate of a taxing unit as calculated under that
931869 subsection is lower than the lowest actual collection rate of the
932870 taxing unit for any of the preceding three years, the anticipated
933871 collection rate of the taxing unit for purposes of this section is
934872 equal to the lowest actual collection rate of the taxing unit for
935873 any of the preceding three years.
936874 (h-2) The anticipated collection rate of a taxing unit for
937875 purposes of this section is the rate calculated under Subsection
938876 (h) as modified by Subsection (h-1), if applicable, regardless of
939877 whether that rate exceeds 100 percent.
940878 (i) This subsection applies to a taxing unit that has agreed
941879 by written contract to transfer a distinct department, function, or
942880 activity to another taxing unit and discontinues operating that
943881 distinct department, function, or activity if the operation of that
944882 department, function, or activity in all or a majority of the
945883 territory of the taxing unit is continued by another existing
946884 taxing unit or by a new taxing unit. The rollback tax rate of a
947885 taxing unit to which this subsection applies in the first tax year
948886 in which a budget is adopted that does not allocate revenue to the
949887 discontinued department, function, or activity is calculated as
950888 otherwise provided by this section, except that last year's levy
951889 used to calculate the no-new-revenue [effective] maintenance and
952890 operations rate of the taxing unit is reduced by the amount of
953891 maintenance and operations tax revenue spent by the taxing unit to
954892 operate the department, function, or activity for the 12 months
955893 preceding the month in which the calculations required by this
956894 chapter are made and in which the taxing unit operated the
957895 discontinued department, function, or activity. If the taxing unit
958896 did not operate that department, function, or activity for the full
959897 12 months preceding the month in which the calculations required by
960898 this chapter are made, the taxing unit shall reduce last year's levy
961899 used for calculating the no-new-revenue [effective] maintenance
962900 and operations rate of the taxing unit by the amount of the revenue
963901 spent in the last full fiscal year in which the taxing unit operated
964902 the discontinued department, function, or activity.
965903 (j) This subsection applies to a taxing unit that had agreed
966904 by written contract to accept the transfer of a distinct
967905 department, function, or activity from another taxing unit and
968906 operates a distinct department, function, or activity if the
969907 operation of a substantially similar department, function, or
970908 activity in all or a majority of the territory of the taxing unit
971909 has been discontinued by another taxing unit, including a dissolved
972910 taxing unit. The rollback tax rate of a taxing unit to which this
973911 subsection applies in the first tax year after the other taxing unit
974912 discontinued the substantially similar department, function, or
975913 activity in which a budget is adopted that allocates revenue to the
976914 department, function, or activity is calculated as otherwise
977915 provided by this section, except that last year's levy used to
978916 calculate the no-new-revenue [effective] maintenance and
979917 operations rate of the taxing unit is increased by the amount of
980918 maintenance and operations tax revenue spent by the taxing unit
981919 that discontinued operating the substantially similar department,
982920 function, or activity to operate that department, function, or
983921 activity for the 12 months preceding the month in which the
984922 calculations required by this chapter are made and in which the
985923 taxing unit operated the discontinued department, function, or
986924 activity. If the taxing unit did not operate the discontinued
987925 department, function, or activity for the full 12 months preceding
988926 the month in which the calculations required by this chapter are
989927 made, the taxing unit may increase last year's levy used to
990928 calculate the no-new-revenue [effective] maintenance and
991929 operations rate by an amount not to exceed the amount of property
992930 tax revenue spent by the discontinuing taxing unit to operate the
993931 discontinued department, function, or activity in the last full
994932 fiscal year in which the discontinuing taxing unit operated the
995933 department, function, or activity.
996- SECTION 29. Section 26.041, Tax Code, is amended by
934+ SECTION 30. Section 26.041, Tax Code, is amended by
997935 amending Subsections (a), (b), (c), (e), (g), and (h) and adding
998936 Subsection (c-1) to read as follows:
999937 (a) In the first year in which an additional sales and use
1000938 tax is required to be collected, the no-new-revenue [effective] tax
1001939 rate and rollback tax rate for the taxing unit are calculated
1002940 according to the following formulas:
1003941 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
1004942 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
1005943 PROPERTY VALUE)] - SALES TAX GAIN RATE
1006944 and
1007- ROLLBACK TAX RATE FOR SPECIAL TAXING UNIT =
945+ ROLLBACK TAX RATE FOR SMALL TAXING UNIT =
1008946 (NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND
1009- OPERATIONS RATE x 1.08) + (CURRENT DEBT RATE - SALES
1010- TAX GAIN RATE)
947+ OPERATIONS RATE x 1.08) + CURRENT DEBT RATE - SALES TAX
948+ GAIN RATE
1011949 or
1012- ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SPECIAL
950+ ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL
1013951 TAXING UNIT = (NO-NEW-REVENUE MAINTENANCE AND
1014- OPERATIONS RATE x 1.025) + (CURRENT DEBT RATE + REVENUE
1015- ENRICHMENT RATE + UNUSED INCREMENT RATE - SALES TAX
1016- GAIN RATE)
952+ OPERATIONS RATE x 1.025) + CURRENT DEBT RATE - SALES
953+ TAX GAIN RATE
1017954 where "sales tax gain rate" means a number expressed in dollars per
1018955 $100 of taxable value, calculated by dividing the revenue that will
1019956 be generated by the additional sales and use tax in the following
1020957 year as calculated under Subsection (d) [of this section] by the
1021958 current total value.
1022959 (b) Except as provided by Subsections (a) and (c) [of this
1023960 section], in a year in which a taxing unit imposes an additional
1024961 sales and use tax, the rollback tax rate for the taxing unit is
1025- calculated according to the following formula, regardless of
1026- whether the taxing unit levied a property tax in the preceding year:
1027- ROLLBACK TAX RATE FOR SPECIAL TAXING UNIT = [(LAST
1028- YEAR'S MAINTENANCE AND OPERATIONS EXPENSE x 1.08) /
1029- ([TOTAL] CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] +
1030- (CURRENT DEBT RATE - SALES TAX REVENUE RATE)
962+ calculated according to the following applicable formula,
963+ regardless of whether the taxing unit levied a property tax in the
964+ preceding year:
965+ ROLLBACK TAX RATE FOR SMALL TAXING UNIT = [(LAST YEAR'S
966+ MAINTENANCE AND OPERATIONS EXPENSE x 1.08) / ([TOTAL]
967+ CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + (CURRENT
968+ DEBT RATE - SALES TAX REVENUE RATE)
1031969 or
1032- ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SPECIAL
970+ ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL
1033971 TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
1034972 EXPENSE x 1.025) / (CURRENT TOTAL VALUE - NEW PROPERTY
1035- VALUE)] + (CURRENT DEBT RATE + REVENUE ENRICHMENT RATE
1036- + UNUSED INCREMENT RATE - SALES TAX REVENUE RATE)
973+ VALUE)] + (CURRENT DEBT RATE - SALES TAX REVENUE RATE)
1037974 where "last year's maintenance and operations expense" means the
1038975 amount spent for maintenance and operations from property tax and
1039976 additional sales and use tax revenues in the preceding year, and
1040977 "sales tax revenue rate" means a number expressed in dollars per
1041978 $100 of taxable value, calculated by dividing the revenue that will
1042979 be generated by the additional sales and use tax in the current year
1043980 as calculated under Subsection (d) [of this section] by the current
1044981 total value.
1045982 (c) In a year in which a taxing unit that has been imposing
1046983 an additional sales and use tax ceases to impose an additional sales
1047984 and use tax, the no-new-revenue [effective] tax rate and rollback
1048985 tax rate for the taxing unit are calculated according to the
1049986 following formulas:
1050987 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
1051988 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
1052989 PROPERTY VALUE)] + SALES TAX LOSS RATE
990+ [and]
991+ ROLLBACK TAX RATE FOR SMALL TAXING UNIT = [(LAST YEAR'S
992+ MAINTENANCE AND OPERATIONS EXPENSE x 1.08) / ([TOTAL]
993+ CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + CURRENT
994+ DEBT RATE
1053995 and
1054- ROLLBACK TAX RATE FOR SPECIAL TAXING UNIT = [(LAST
1055- YEAR'S MAINTENANCE AND OPERATIONS EXPENSE x 1.08) /
1056- ([TOTAL] CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] +
1057- CURRENT DEBT RATE
1058- or
1059- ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SPECIAL
996+ ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SMALL
1060997 TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
1061998 EXPENSE x 1.025) / (CURRENT TOTAL VALUE - NEW PROPERTY
1062- VALUE)] + (CURRENT DEBT RATE + REVENUE ENRICHMENT RATE
1063- + UNUSED INCREMENT RATE)
999+ VALUE)] + CURRENT DEBT RATE
10641000 where "sales tax loss rate" means a number expressed in dollars per
10651001 $100 of taxable value, calculated by dividing the amount of sales
10661002 and use tax revenue generated in the last four quarters for which
10671003 the information is available by the current total value and "last
10681004 year's maintenance and operations expense" means the amount spent
10691005 for maintenance and operations from property tax and additional
10701006 sales and use tax revenues in the preceding year.
10711007 (c-1) Notwithstanding any other provision of this section,
1072- the governing body of a taxing unit other than a special taxing unit
1008+ the governing body of a taxing unit other than a small taxing unit
10731009 may direct the designated officer or employee to calculate the
10741010 rollback tax rate of the taxing unit in the manner provided for a
1075- special taxing unit if any part of the taxing unit is located in an
1011+ small taxing unit if any part of the taxing unit is located in an
10761012 area declared a disaster area during the current tax year by the
10771013 governor or by the president of the United States. The designated
10781014 officer or employee shall continue calculating the rollback tax
10791015 rate in the manner provided by this subsection until the earlier of:
10801016 (1) the first tax year in which the total taxable value
10811017 of property taxable by the taxing unit as shown on the appraisal
10821018 roll for the taxing unit submitted by the assessor for the taxing
10831019 unit to the governing body exceeds the total taxable value of
10841020 property taxable by the taxing unit on January 1 of the tax year in
10851021 which the disaster occurred; or
10861022 (2) the fifth tax year after the tax year in which the
10871023 disaster occurred.
10881024 (e) If a city that imposes an additional sales and use tax
10891025 receives payments under the terms of a contract executed before
10901026 January 1, 1986, in which the city agrees not to annex certain
10911027 property or a certain area and the owners or lessees of the property
10921028 or of property in the area agree to pay at least annually to the city
10931029 an amount determined by reference to all or a percentage of the
10941030 property tax rate of the city and all or a part of the value of the
10951031 property subject to the agreement or included in the area subject to
10961032 the agreement, the governing body, by order adopted by a majority
10971033 vote of the governing body, may direct the designated officer or
10981034 employee to add to the no-new-revenue [effective] and rollback tax
10991035 rates the amount that, when applied to the total taxable value
11001036 submitted to the governing body, would produce an amount of taxes
11011037 equal to the difference between the total amount of payments for the
11021038 tax year under contracts described by this subsection under the
11031039 rollback tax rate calculated under this section and the total
11041040 amount of payments for the tax year that would have been obligated
11051041 to the city if the city had not adopted an additional sales and use
11061042 tax.
11071043 (g) If the rate of the additional sales and use tax is
11081044 increased, the designated officer or employee shall make two
11091045 projections, in the manner provided by Subsection (d) [of this
11101046 section], of the revenue generated by the additional sales and use
11111047 tax in the following year. The first projection must take into
11121048 account the increase and the second projection must not take into
11131049 account the increase. The designated officer or employee shall
11141050 then subtract the amount of the result of the second projection from
11151051 the amount of the result of the first projection to determine the
11161052 revenue generated as a result of the increase in the additional
11171053 sales and use tax. In the first year in which an additional sales
11181054 and use tax is increased, the no-new-revenue [effective] tax rate
11191055 for the taxing unit is the no-new-revenue [effective] tax rate
11201056 before the increase minus a number the numerator of which is the
11211057 revenue generated as a result of the increase in the additional
11221058 sales and use tax, as determined under this subsection, and the
11231059 denominator of which is the current total value minus the new
11241060 property value.
11251061 (h) If the rate of the additional sales and use tax is
11261062 decreased, the designated officer or employee shall make two
11271063 projections, in the manner provided by Subsection (d) [of this
11281064 section], of the revenue generated by the additional sales and use
11291065 tax in the following year. The first projection must take into
11301066 account the decrease and the second projection must not take into
11311067 account the decrease. The designated officer or employee shall
11321068 then subtract the amount of the result of the first projection from
11331069 the amount of the result of the second projection to determine the
11341070 revenue lost as a result of the decrease in the additional sales and
11351071 use tax. In the first year in which an additional sales and use tax
11361072 is decreased, the no-new-revenue [effective] tax rate for the
11371073 taxing unit is the no-new-revenue [effective] tax rate before the
11381074 decrease plus a number the numerator of which is the revenue lost as
11391075 a result of the decrease in the additional sales and use tax, as
11401076 determined under this subsection, and the denominator of which is
11411077 the current total value minus the new property value.
1142- SECTION 30. The heading to Section 26.043, Tax Code, is
1078+ SECTION 31. The heading to Section 26.043, Tax Code, is
11431079 amended to read as follows:
11441080 Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX
11451081 RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
1146- SECTION 31. Sections 26.043(a) and (b), Tax Code, are
1082+ SECTION 32. Sections 26.043(a) and (b), Tax Code, are
11471083 amended to read as follows:
11481084 (a) In the tax year in which a city has set an election on
11491085 the question of whether to impose a local sales and use tax under
11501086 Subchapter H, Chapter 453, Transportation Code, the officer or
11511087 employee designated to make the calculations provided by Section
11521088 26.04 may not make those calculations until the outcome of the
11531089 election is determined. If the election is determined in favor of
11541090 the imposition of the tax, the designated officer or employee
11551091 [representative] shall subtract from the city's rollback and
11561092 no-new-revenue [effective] tax rates the amount that, if applied to
11571093 the city's current total value, would impose an amount equal to the
11581094 amount of property taxes budgeted in the current tax year to pay for
11591095 expenses related to mass transit services.
11601096 (b) In a tax year to which this section applies, a reference
11611097 in this chapter to the city's no-new-revenue [effective] or
11621098 rollback tax rate refers to that rate as adjusted under this
11631099 section.
1164- SECTION 32. The heading to Section 26.044, Tax Code, is
1100+ SECTION 33. The heading to Section 26.044, Tax Code, is
11651101 amended to read as follows:
11661102 Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR
11671103 STATE CRIMINAL JUSTICE MANDATE.
1168- SECTION 33. Sections 26.044(a), (b), and (c), Tax Code, are
1104+ SECTION 34. Sections 26.044(a), (b), and (c), Tax Code, are
11691105 amended to read as follows:
11701106 (a) The first time that a county adopts a tax rate after
11711107 September 1, 1991, in which the state criminal justice mandate
11721108 applies to the county, the no-new-revenue [effective] maintenance
11731109 and operation rate for the county is increased by the rate
11741110 calculated according to the following formula:
11751111 (State Criminal Justice Mandate) / (Current Total
11761112 Value - New Property Value)
11771113 (b) In the second and subsequent years that a county adopts
11781114 a tax rate, if the amount spent by the county for the state criminal
11791115 justice mandate increased over the previous year, the
11801116 no-new-revenue [effective] maintenance and operation rate for the
11811117 county is increased by the rate calculated according to the
11821118 following formula:
11831119 (This Year's State Criminal Justice Mandate - Previous
11841120 Year's State Criminal Justice Mandate) / (Current
11851121 Total Value - New Property Value)
11861122 (c) The county shall include a notice of the increase in the
11871123 no-new-revenue [effective] maintenance and operation rate provided
11881124 by this section, including a description and amount of the state
11891125 criminal justice mandate, in the information published under
1190- Section 26.04(e) and, as applicable, in the notice prescribed by
1191- Section 26.06 or 26.061 [26.06(b) of this code].
1192- SECTION 34. Sections 26.0441(a), (b), and (c), Tax Code,
1126+ Section 26.04(e) and Section 26.06(b) [of this code].
1127+ SECTION 35. Sections 26.0441(a), (b), and (c), Tax Code,
11931128 are amended to read as follows:
11941129 (a) In the first tax year in which a taxing unit adopts a tax
11951130 rate after January 1, 2000, and in which the enhanced minimum
11961131 eligibility standards for indigent health care established under
11971132 Section 61.006, Health and Safety Code, apply to the taxing unit,
11981133 the no-new-revenue [effective] maintenance and operations rate for
11991134 the taxing unit is increased by the rate computed according to the
12001135 following formula:
12011136 Amount of Increase = Enhanced Indigent Health Care
12021137 Expenditures / (Current Total Value - New Property
12031138 Value)
12041139 (b) In each subsequent tax year, if the taxing unit's
12051140 enhanced indigent health care expenses exceed the amount of those
12061141 expenses for the preceding year, the no-new-revenue [effective]
12071142 maintenance and operations rate for the taxing unit is increased by
12081143 the rate computed according to the following formula:
12091144 Amount of Increase = (Current Tax Year's Enhanced
12101145 Indigent Health Care Expenditures - Preceding Tax
12111146 Year's Indigent Health Care Expenditures) / (Current
12121147 Total Value - New Property Value)
12131148 (c) The taxing unit shall include a notice of the increase
12141149 in its no-new-revenue [effective] maintenance and operations rate
12151150 provided by this section, including a brief description and the
12161151 amount of the enhanced indigent health care expenditures, in the
1217- information published under Section 26.04(e) and, as [if]
1218- applicable, in the notice prescribed by Section 26.06 or 26.061
1219- [26.06(b)].
1220- SECTION 35. Section 26.05, Tax Code, is amended by amending
1152+ information published under Section 26.04(e) and, if applicable,
1153+ Section 26.06(b).
1154+ SECTION 36. Section 26.05, Tax Code, is amended by amending
12211155 Subsections (a), (b), (c), (d), (e), and (g) and adding Subsections
12221156 (d-1), (d-2), and (e-1) to read as follows:
12231157 (a) The governing body of each taxing unit[, before the
12241158 later of September 30 or the 60th day after the date the certified
12251159 appraisal roll is received by the taxing unit,] shall adopt a tax
12261160 rate for the current tax year and shall notify the assessor for the
12271161 taxing unit of the rate adopted. The governing body must adopt a
12281162 tax rate before the later of September 30 or the 60th day after the
12291163 date the certified appraisal roll is received by the taxing unit,
12301164 except that the governing body must adopt a tax rate that exceeds
1231- the rollback tax rate not later than the 71st day before the next
1232- uniform election date prescribed by Section 41.001, Election Code,
1233- that occurs in November of that year. The tax rate consists of two
1234- components, each of which must be approved separately. The
1165+ the rollback tax rate before August 15. The tax rate consists of
1166+ two components, each of which must be approved separately. The
12351167 components are:
12361168 (1) for a taxing unit other than a school district, the
12371169 rate that, if applied to the total taxable value, will impose the
1238- total amount described by [published under] Section 26.04(e)(4)(C)
1239- [26.04(e)(3)(C)], less any amount of additional sales and use tax
1240- revenue that will be used to pay debt service, or, for a school
1241- district, the rate calculated under Section
1242- 44.004(c)(5)(A)(ii)(b), Education Code; and
1170+ total amount published under Section 26.04(e)(3)(C), less any
1171+ amount of additional sales and use tax revenue that will be used to
1172+ pay debt service, or, for a school district, the rate calculated
1173+ under Section 44.004(c)(5)(A)(ii)(b), Education Code; and
12431174 (2) the rate that, if applied to the total taxable
12441175 value, will impose the amount of taxes needed to fund maintenance
12451176 and operation expenditures of the taxing unit for the next year.
12461177 (b) A taxing unit may not impose property taxes in any year
12471178 until the governing body has adopted a tax rate for that year, and
12481179 the annual tax rate must be set by ordinance, resolution, or order,
12491180 depending on the method prescribed by law for adoption of a law by
12501181 the governing body. The vote on the ordinance, resolution, or order
12511182 setting the tax rate must be separate from the vote adopting the
12521183 budget. For a taxing unit other than a school district, the vote on
12531184 the ordinance, resolution, or order setting a tax rate that exceeds
12541185 the no-new-revenue [effective] tax rate must be a record vote, and
12551186 at least 60 percent of the members of the governing body must vote
12561187 in favor of the ordinance, resolution, or order. For a school
12571188 district, the vote on the ordinance, resolution, or order setting a
12581189 tax rate that exceeds the sum of the no-new-revenue [effective]
12591190 maintenance and operations tax rate of the district as determined
12601191 under Section 26.08(i) and the district's current debt rate must be
12611192 a record vote, and at least 60 percent of the members of the
12621193 governing body must vote in favor of the ordinance, resolution, or
12631194 order. A motion to adopt an ordinance, resolution, or order setting
12641195 a tax rate that exceeds the no-new-revenue [effective] tax rate
12651196 must be made in the following form: "I move that the property tax
12661197 rate be increased by the adoption of a tax rate of (specify tax
12671198 rate), which is effectively a (insert percentage by which the
12681199 proposed tax rate exceeds the no-new-revenue [effective] tax rate)
12691200 percent increase in the tax rate." If the ordinance, resolution, or
12701201 order sets a tax rate that, if applied to the total taxable value,
12711202 will impose an amount of taxes to fund maintenance and operation
12721203 expenditures of the taxing unit that exceeds the amount of taxes
12731204 imposed for that purpose in the preceding year, the taxing unit
12741205 must:
12751206 (1) include in the ordinance, resolution, or order in
12761207 type larger than the type used in any other portion of the document:
12771208 (A) the following statement: "THIS TAX RATE WILL
12781209 RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S
12791210 TAX RATE."; and
12801211 (B) if the tax rate exceeds the no-new-revenue
12811212 [effective] maintenance and operations rate, the following
12821213 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
12831214 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
12841215 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
12851216 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
12861217 APPROXIMATELY $(Insert amount)."; and
12871218 (2) include on the home page of the [any] Internet
12881219 website of [operated by] the taxing unit:
12891220 (A) the following statement: "(Insert name of
12901221 taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR
12911222 MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and
12921223 (B) if the tax rate exceeds the no-new-revenue
12931224 [effective] maintenance and operations rate, the following
12941225 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
12951226 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
12961227 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
12971228 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
12981229 APPROXIMATELY $(Insert amount)."
12991230 (c) If the governing body of a taxing unit does not adopt a
13001231 tax rate before the date required by Subsection (a), the tax rate
13011232 for the taxing unit for that tax year is the lower of the
13021233 no-new-revenue [effective] tax rate calculated for that tax year or
13031234 the tax rate adopted by the taxing unit for the preceding tax year.
13041235 A tax rate established by this subsection is treated as an adopted
13051236 tax rate. Before the fifth day after the establishment of a tax
13061237 rate by this subsection, the governing body of the taxing unit must
13071238 ratify the applicable tax rate in the manner required by Subsection
13081239 (b).
13091240 (d) The governing body of a taxing unit other than a school
13101241 district may not adopt a tax rate that exceeds the lower of the
13111242 rollback tax rate or the no-new-revenue [effective] tax rate
13121243 calculated as provided by this chapter until the governing body has
1313- held a public hearing [two public hearings] on the proposed tax rate
1314- and has otherwise complied with Section 26.06 and Section 26.065.
1315- The governing body of a taxing unit shall reduce a tax rate set by
1316- law or by vote of the electorate to the lower of the rollback tax
1317- rate or the no-new-revenue [effective] tax rate and may not adopt a
1318- higher rate unless it first complies with Section 26.06.
1319- (d-1) The governing body of a taxing unit other than a
1320- school district may not hold a public hearing on a proposed tax rate
1321- or a public meeting to adopt a tax rate until the fifth business day
1322- after the date the chief appraiser of each appraisal district in
1323- which the taxing unit participates has:
1324- (1) delivered the notice required by Section
1325- 26.04(e-2); and
1326- (2) complied with Section 26.17(f).
1244+ held two public hearings on the proposed tax rate and has otherwise
1245+ complied with Section 26.06 and Section 26.065. The governing body
1246+ of a taxing unit shall reduce a tax rate set by law or by vote of the
1247+ electorate to the lower of the rollback tax rate or the
1248+ no-new-revenue [effective] tax rate and may not adopt a higher rate
1249+ unless it first complies with Section 26.06.
1250+ (d-1) The governing body of a taxing unit may not hold a
1251+ public hearing on a proposed tax rate or a public meeting to adopt a
1252+ tax rate until the 14th day after the date the officer or employee
1253+ designated by the governing body of the taxing unit to calculate the
1254+ no-new-revenue tax rate and the rollback tax rate for the taxing
1255+ unit complies with Section 26.17.
13271256 (d-2) Notwithstanding Subsection (a), the governing body of
13281257 a taxing unit other than a school district may not adopt a tax rate
1329- until the chief appraiser of each appraisal district in which the
1330- taxing unit participates has complied with Subsection (d-1).
1258+ until:
1259+ (1) the tax notice officer of each appraisal district
1260+ in which the taxing unit participates has delivered the notice
1261+ required by Section 26.04(e-2);
1262+ (2) the designated officer or employee of the taxing
1263+ unit has:
1264+ (A) entered in the real-time tax database
1265+ maintained by the tax notice officer the information described by
1266+ Section 26.17(b) for the current tax year; and
1267+ (B) incorporated the completed tax rate
1268+ calculation forms prepared under Section 26.04(d-1) into the
1269+ real-time tax database maintained by the tax notice officer; and
1270+ (3) the taxing unit has posted the information
1271+ described by Section 26.18 on the Internet website used by the
1272+ taxing unit for that purpose.
13311273 (e) A person who owns taxable property is entitled to an
13321274 injunction restraining the collection of taxes by a taxing unit in
13331275 which the property is taxable if the taxing unit has not complied
13341276 with the requirements of this section or Section 26.04 [and the
13351277 failure to comply was not in good faith]. It is a defense in an
13361278 action for an injunction under this subsection that the failure to
13371279 comply was in good faith. An action to enjoin the collection of
13381280 taxes must be filed not later than the 15th day after the date the
13391281 taxing unit adopts a tax rate. A property owner is not required to
13401282 pay the taxes imposed by a taxing unit on the owner's property while
13411283 an action filed by the property owner to enjoin the collection of
13421284 taxes imposed by the taxing unit on the owner's property is pending.
13431285 If the property owner pays the taxes and subsequently prevails in
13441286 the action, the property owner is entitled to a refund of the taxes
13451287 paid, together with reasonable attorney's fees and court costs.
13461288 The property owner is not required to apply to the collector for the
13471289 taxing unit to receive the refund [prior to the date a taxing unit
13481290 delivers substantially all of its tax bills].
13491291 (e-1) The governing body of a taxing unit that imposes an
13501292 additional sales and use tax may not adopt the component of the tax
13511293 rate of the taxing unit described by Subsection (a)(1) of this
13521294 section until the chief financial officer or the auditor for the
13531295 taxing unit submits to the governing body of the taxing unit a
13541296 written certification that the amount of additional sales and use
13551297 tax revenue that will be used to pay debt service has been deducted
1356- from the total amount described by Section 26.04(e)(4)(C) as
1298+ from the total amount published under Section 26.04(e)(3)(C) as
13571299 required by Subsection (a)(1) of this section. The comptroller
1358- shall prescribe the form of the certification required by this
1359- subsection and the manner in which it is required to be submitted.
1300+ shall adopt rules governing the form of the certification required
1301+ by this subsection and the manner in which it is required to be
1302+ submitted.
13601303 (g) Notwithstanding Subsection (a), the governing body of a
13611304 school district that elects to adopt a tax rate before the adoption
13621305 of a budget for the fiscal year that begins in the current tax year
13631306 may adopt a tax rate for the current tax year before receipt of the
13641307 certified appraisal roll for the school district if the chief
13651308 appraiser of the appraisal district in which the school district
13661309 participates has certified to the assessor for the school district
13671310 an estimate of the taxable value of property in the school district
13681311 as provided by Section 26.01(e). If a school district adopts a tax
13691312 rate under this subsection, the no-new-revenue [effective] tax rate
13701313 and the rollback tax rate of the district shall be calculated based
13711314 on the certified estimate of taxable value.
1372- SECTION 36. Section 26.052, Tax Code, is amended by
1315+ SECTION 37. Section 26.052, Tax Code, is amended by
13731316 amending Subsection (e) and adding Subsection (f) to read as
13741317 follows:
13751318 (e) Public notice provided under Subsection (c) must
13761319 specify:
13771320 (1) the tax rate that the governing body proposes to
13781321 adopt;
13791322 (2) the date, time, and location of the meeting of the
13801323 governing body of the taxing unit at which the governing body will
13811324 consider adopting the proposed tax rate; and
13821325 (3) if the proposed tax rate for the taxing unit
13831326 exceeds the taxing unit's no-new-revenue [effective] tax rate
13841327 calculated as provided by Section 26.04, a statement substantially
13851328 identical to the following: "The proposed tax rate would increase
13861329 total taxes in (name of taxing unit) by (percentage by which the
13871330 proposed tax rate exceeds the no-new-revenue [effective] tax
13881331 rate)."
13891332 (f) A taxing unit to which this section applies that elects
13901333 to provide public notice of its proposed tax rate under Subsection
13911334 (c)(2) must also provide public notice of its proposed tax rate by
13921335 posting notice of the proposed tax rate, including the information
13931336 prescribed by Subsection (e), prominently on the home page of the
13941337 Internet website of the taxing unit.
1395- SECTION 37. Section 26.06, Tax Code, is amended by amending
1396- Subsections (a), (b), (c), (d), and (e) and adding Subsections
1397- (b-1), (b-2), (b-3), and (b-4) to read as follows:
1398- (a) A public hearing required by Section 26.05 may not be
1399- held before the seventh day after the date the notice of the public
1400- hearing is given. The [second hearing may not be held earlier than
1401- the third day after the date of the first hearing. Each] hearing
1402- must be on a weekday that is not a public holiday. The [Each]
1403- hearing must be held inside the boundaries of the unit in a publicly
1404- owned building or, if a suitable publicly owned building is not
1405- available, in a suitable building to which the public normally has
1406- access. At the hearing [hearings], the governing body must afford
1407- adequate opportunity for proponents and opponents of the tax
1408- increase to present their views.
1338+ SECTION 38. Section 26.06, Tax Code, is amended by amending
1339+ Subsections (b), (c), (d), and (e) and adding Subsections (b-1),
1340+ (b-2), (b-3), and (b-4) to read as follows:
14091341 (b) The notice of a public hearing may not be smaller than
14101342 one-quarter page of a standard-size or a tabloid-size newspaper,
14111343 and the headline on the notice must be in 24-point or larger type.
14121344 [The notice must contain a statement in the following form:
14131345 ["NOTICE OF PUBLIC HEARING ON TAX INCREASE
14141346 ["The (name of the taxing unit) will hold two public hearings
14151347 on a proposal to increase total tax revenues from properties on the
14161348 tax roll in the preceding tax year by (percentage by which proposed
14171349 tax rate exceeds lower of rollback tax rate or effective tax rate
14181350 calculated under this chapter) percent. Your individual taxes may
14191351 increase at a greater or lesser rate, or even decrease, depending on
14201352 the change in the taxable value of your property in relation to the
14211353 change in taxable value of all other property and the tax rate that
14221354 is adopted.
14231355 ["The first public hearing will be held on (date and time) at
14241356 (meeting place).
14251357 ["The second public hearing will be held on (date and time) at
14261358 (meeting place).
14271359 ["(Names of all members of the governing body, showing how
14281360 each voted on the proposal to consider the tax increase or, if one
14291361 or more were absent, indicating the absences.)
14301362 ["The average taxable value of a residence homestead in (name
14311363 of taxing unit) last year was $____ (average taxable value of a
14321364 residence homestead in the taxing unit for the preceding tax year,
14331365 disregarding residence homestead exemptions available only to
14341366 disabled persons or persons 65 years of age or older). Based on
14351367 last year's tax rate of $____ (preceding year's adopted tax rate)
14361368 per $100 of taxable value, the amount of taxes imposed last year on
14371369 the average home was $____ (tax on average taxable value of a
14381370 residence homestead in the taxing unit for the preceding tax year,
14391371 disregarding residence homestead exemptions available only to
14401372 disabled persons or persons 65 years of age or older).
14411373 ["The average taxable value of a residence homestead in (name
14421374 of taxing unit) this year is $____ (average taxable value of a
14431375 residence homestead in the taxing unit for the current tax year,
14441376 disregarding residence homestead exemptions available only to
14451377 disabled persons or persons 65 years of age or older). If the
14461378 governing body adopts the effective tax rate for this year of $____
14471379 (effective tax rate) per $100 of taxable value, the amount of taxes
14481380 imposed this year on the average home would be $____ (tax on average
14491381 taxable value of a residence homestead in the taxing unit for the
14501382 current tax year, disregarding residence homestead exemptions
14511383 available only to disabled persons or persons 65 years of age or
14521384 older).
14531385 ["If the governing body adopts the proposed tax rate of $____
14541386 (proposed tax rate) per $100 of taxable value, the amount of taxes
14551387 imposed this year on the average home would be $____ (tax on the
14561388 average taxable value of a residence in the taxing unit for the
14571389 current year disregarding residence homestead exemptions available
14581390 only to disabled persons or persons 65 years of age or older).
14591391 ["Members of the public are encouraged to attend the hearings
14601392 and express their views."]
14611393 (b-1) If the proposed tax rate exceeds the no-new-revenue
14621394 tax rate and the rollback tax rate of the taxing unit, the notice
14631395 must contain a statement in the following form:
14641396 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
14651397 "PROPOSED TAX RATE $__________ per $100
14661398 "NO-NEW-REVENUE TAX RATE $__________ per $100
14671399 "ROLLBACK TAX RATE $__________ per $100
14681400 "The no-new-revenue tax rate is the tax rate for the (current
14691401 tax year) tax year that will raise the same amount of property tax
14701402 revenue for (name of taxing unit) from the same properties in both
14711403 the (preceding tax year) tax year and the (current tax year) tax
14721404 year.
14731405 "The rollback tax rate is the highest tax rate that (name of
14741406 taxing unit) may adopt without holding an election to ratify the
14751407 rate.
14761408 "The proposed tax rate is greater than the no-new-revenue tax
14771409 rate. This means that (name of taxing unit) is proposing to
14781410 increase property taxes for the (current tax year) tax year.
14791411 "A public hearing on the proposed tax rate will be held on
14801412 (date and time) at (meeting place).
1413+ "A second public hearing will be held on (date and time) at
1414+ (meeting place).
14811415 "The proposed tax rate is also greater than the rollback tax
14821416 rate. If (name of taxing unit) adopts the proposed tax rate, (name
14831417 of taxing unit) is required to hold an election so that the voters
14841418 may accept or reject the proposed tax rate. If a majority of the
14851419 voters reject the proposed tax rate, the (name of taxing unit) will
14861420 be required to adopt a new tax rate that is not greater than the
14871421 rollback tax rate. The election will be held on (date of election).
14881422 You may contact the (name of office responsible for administering
14891423 the election) for information about voting locations. The hours of
14901424 voting on election day are (voting hours).
14911425 "Your taxes owed under any of the tax rates mentioned above
14921426 can be calculated as follows:
14931427 "Property tax amount = tax rate x taxable value of your
14941428 property / 100
14951429 "(Names of all members of the governing body, showing how
14961430 each voted on the proposal to consider the tax increase or, if one
14971431 or more were absent, indicating the absences.)"
14981432 (b-2) If the proposed tax rate exceeds the no-new-revenue
14991433 tax rate but does not exceed the rollback tax rate of the taxing
15001434 unit, the notice must contain a statement in the following form:
15011435 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
15021436 "PROPOSED TAX RATE $__________ per $100
15031437 "NO-NEW-REVENUE TAX RATE $__________ per $100
15041438 "ROLLBACK TAX RATE $__________ per $100
15051439 "The no-new-revenue tax rate is the tax rate for the (current
15061440 tax year) tax year that will raise the same amount of property tax
15071441 revenue for (name of taxing unit) from the same properties in both
15081442 the (preceding tax year) tax year and the (current tax year) tax
15091443 year.
15101444 "The rollback tax rate is the highest tax rate that (name of
15111445 taxing unit) may adopt without holding an election to ratify the
15121446 rate.
15131447 "The proposed tax rate is greater than the no-new-revenue tax
15141448 rate. This means that (name of taxing unit) is proposing to
15151449 increase property taxes for the (current tax year) tax year.
15161450 "A public hearing on the proposed tax rate will be held on
15171451 (date and time) at (meeting place).
1452+ "A second public hearing will be held on (date and time) at
1453+ (meeting place).
15181454 "The proposed tax rate is not greater than the rollback tax
15191455 rate. As a result, (name of taxing unit) is not required to hold an
15201456 election at which voters may accept or reject the proposed tax rate.
15211457 However, you may express your support for or opposition to the
15221458 proposed tax rate by contacting the members of the (name of
15231459 governing body) of (name of taxing unit) at their offices or by
1524- attending the public hearing mentioned above.
1460+ attending one of the public hearings mentioned above.
15251461 "Your taxes owed under any of the tax rates mentioned above
15261462 can be calculated as follows:
15271463 "Property tax amount = tax rate x taxable value of your
15281464 property / 100
15291465 "(Names of all members of the governing body, showing how
15301466 each voted on the proposal to consider the tax increase or, if one
15311467 or more were absent, indicating the absences.)"
15321468 (b-3) If the proposed tax rate does not exceed the
15331469 no-new-revenue tax rate but exceeds the rollback tax rate of the
15341470 taxing unit, the notice must contain a statement in the following
15351471 form:
15361472 "NOTICE OF PUBLIC HEARING ON TAX RATE
15371473 "PROPOSED TAX RATE $__________ per $100
15381474 "NO-NEW-REVENUE TAX RATE $__________ per $100
15391475 "ROLLBACK TAX RATE $__________ per $100
15401476 "The no-new-revenue tax rate is the tax rate for the (current
15411477 tax year) tax year that will raise the same amount of property tax
15421478 revenue for (name of taxing unit) from the same properties in both
15431479 the (preceding tax year) tax year and the (current tax year) tax
15441480 year.
15451481 "The rollback tax rate is the highest tax rate that (name of
15461482 taxing unit) may adopt without holding an election to ratify the
15471483 rate.
15481484 "The proposed tax rate is not greater than the no-new-revenue
15491485 tax rate. This means that (name of taxing unit) is not proposing to
15501486 increase property taxes for the (current tax year) tax year.
15511487 "A public hearing on the proposed tax rate will be held on
15521488 (date and time) at (meeting place).
1489+ "A second public hearing will be held on (date and time) at
1490+ (meeting place).
15531491 "The proposed tax rate is greater than the rollback tax rate.
15541492 If (name of taxing unit) adopts the proposed tax rate, (name of
15551493 taxing unit) is required to hold an election so that the voters may
15561494 accept or reject the proposed tax rate. If a majority of the voters
15571495 reject the proposed tax rate, the (name of taxing unit) will be
15581496 required to adopt a new tax rate that is not greater than the
15591497 rollback tax rate. The election will be held on (date of election).
15601498 You may contact the (name of office responsible for administering
15611499 the election) for information about voting locations. The hours of
15621500 voting on election day are (voting hours).
15631501 "Your taxes owed under any of the tax rates mentioned above
15641502 can be calculated as follows:
15651503 "Property tax amount = tax rate x taxable value of your
15661504 property / 100
15671505 "(Names of all members of the governing body, showing how
1568- each voted on the proposal to consider the tax rate or, if one or
1569- more were absent, indicating the absences.)"
1506+ each voted on the proposal to consider the tax increase or, if one
1507+ or more were absent, indicating the absences.)"
15701508 (b-4) In addition to including the information described by
15711509 Subsection (b-1), (b-2), or (b-3), as applicable, the notice must
15721510 include the information described by Section 26.062.
15731511 (c) The notice of a public hearing under this section may be
15741512 delivered by mail to each property owner in the taxing unit, or may
15751513 be published in a newspaper. If the notice is published in a
15761514 newspaper, it may not be in the part of the paper in which legal
15771515 notices and classified advertisements appear. If the taxing unit
15781516 publishes the notice in a newspaper [operates an Internet website],
15791517 the taxing unit must also post the notice prominently on the home
15801518 page of the Internet website of the taxing unit [must be posted on
15811519 the website] from the date the notice is first published until the
1582- [second] public hearing is concluded.
1583- (d) The governing body may vote on the proposed tax rate at
1584- the public hearing. If the governing body does not vote on the
1585- proposed tax rate at the public hearing, [At the public hearings]
1586- the governing body shall announce at the public hearing the date,
1587- time, and place of the meeting at which it will vote on the proposed
1588- tax rate and, after the hearing, [. After each hearing the
1589- governing body] shall give notice of the meeting [at which it will
1590- vote on the proposed tax rate and the notice shall be] in the same
1591- form as prescribed by Subsections (b) and (c), except that the
1592- notice [it] must state the following:
1520+ second public hearing is concluded.
1521+ (d) At the public hearings the governing body shall announce
1522+ the date, time, and place of the meeting at which it will vote on the
1523+ proposed tax rate. After each hearing the governing body shall give
1524+ notice of the meeting at which it will vote on the proposed tax rate
1525+ and the notice shall be in the same form as prescribed by
1526+ Subsections (b) and (c), except that it must state the following:
15931527 "NOTICE OF TAX REVENUE INCREASE
1594- "The (name of the taxing unit) conducted a public hearing
1595- [hearings] on (date of [first] hearing) [and (date of second
1596- hearing)] on a proposal to increase the total tax revenues of the
1597- (name of the taxing unit) from properties on the tax roll in the
1598- preceding year by (percentage by which proposed tax rate exceeds
1599- lower of rollback tax rate or no-new-revenue [effective] tax rate
1600- calculated under this chapter) percent.
1528+ "The (name of the taxing unit) conducted public hearings on
1529+ (date of first hearing) and (date of second hearing) on a proposal
1530+ to increase the total tax revenues of the (name of the taxing unit)
1531+ from properties on the tax roll in the preceding year by (percentage
1532+ by which proposed tax rate exceeds lower of rollback tax rate or
1533+ no-new-revenue [effective] tax rate calculated under this chapter)
1534+ percent.
16011535 "The total tax revenue proposed to be raised last year at last
16021536 year's tax rate of (insert tax rate for the preceding year) for each
16031537 $100 of taxable value was (insert total amount of taxes imposed in
16041538 the preceding year).
16051539 "The total tax revenue proposed to be raised this year at the
16061540 proposed tax rate of (insert proposed tax rate) for each $100 of
16071541 taxable value, excluding tax revenue to be raised from new property
16081542 added to the tax roll this year, is (insert amount computed by
16091543 multiplying proposed tax rate by the difference between current
16101544 total value and new property value).
16111545 "The total tax revenue proposed to be raised this year at the
16121546 proposed tax rate of (insert proposed tax rate) for each $100 of
16131547 taxable value, including tax revenue to be raised from new property
16141548 added to the tax roll this year, is (insert amount computed by
16151549 multiplying proposed tax rate by current total value).
16161550 "The (governing body of the taxing unit) is scheduled to vote
16171551 on the tax rate that will result in that tax increase at a public
16181552 meeting to be held on (date of meeting) at (location of meeting,
16191553 including mailing address) at (time of meeting).
16201554 "The (governing body of the taxing unit) proposes to use the
16211555 increase in total tax revenue for the purpose of (description of
16221556 purpose of increase)."
1623- (e) A [The] meeting to vote on the tax increase for which
1624- notice is required to be provided under Subsection (d) may not be
1625- held [earlier than the third day or] later than the seventh [14th]
1626- day after the date of the [second] public hearing. The meeting must
1627- be held inside the boundaries of the taxing unit in a publicly owned
1557+ (e) The meeting to vote on the tax increase may not be
1558+ earlier than the third day or later than the seventh [14th] day
1559+ after the date of the second public hearing. The meeting must be
1560+ held inside the boundaries of the taxing unit in a publicly owned
16281561 building or, if a suitable publicly owned building is not
16291562 available, in a suitable building to which the public normally has
16301563 access. If the governing body does not adopt a tax rate that
16311564 exceeds the lower of the rollback tax rate or the no-new-revenue
16321565 [effective] tax rate by the seventh [14th] day, it must give a new
16331566 notice under Subsection (d) before it may adopt a rate that exceeds
16341567 the lower of the rollback tax rate or the no-new-revenue
16351568 [effective] tax rate.
1636- SECTION 38. Chapter 26, Tax Code, is amended by adding
1569+ SECTION 39. Chapter 26, Tax Code, is amended by adding
16371570 Sections 26.061 and 26.062 to read as follows:
16381571 Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE
16391572 THAT DOES NOT EXCEED LOWER OF NO-NEW-REVENUE OR ROLLBACK TAX RATE.
16401573 (a) This section applies only to the governing body of a taxing
16411574 unit other than a school district that proposes to adopt a tax rate
16421575 that does not exceed the lower of the no-new-revenue tax rate or the
16431576 rollback tax rate calculated as provided by this chapter.
16441577 (b) The notice of the meeting at which the governing body of
16451578 the taxing unit will vote on the proposed tax rate must contain a
16461579 statement in the following form:
16471580 "NOTICE OF MEETING TO VOTE ON TAX RATE
16481581 "PROPOSED TAX RATE $__________ per $100
16491582 "NO-NEW-REVENUE TAX RATE $__________ per $100
16501583 "ROLLBACK TAX RATE $__________ per $100
16511584 "The no-new-revenue tax rate is the tax rate for the (current
16521585 tax year) tax year that will raise the same amount of property tax
16531586 revenue for (name of taxing unit) from the same properties in both
16541587 the (preceding tax year) tax year and the (current tax year) tax
16551588 year.
16561589 "The rollback tax rate is the highest tax rate that (name of
16571590 taxing unit) may adopt without holding an election to ratify the
16581591 rate.
16591592 "The proposed tax rate is not greater than the no-new-revenue
16601593 tax rate. This means that (name of taxing unit) is not proposing to
16611594 increase property taxes for the (current tax year) tax year.
16621595 "A public meeting to vote on the proposed tax rate will be
16631596 held on (date and time) at (meeting place).
16641597 "The proposed tax rate is also not greater than the rollback
16651598 tax rate. As a result, (name of taxing unit) is not required to hold
16661599 an election to ratify the rate. However, you may express your
16671600 support for or opposition to the proposed tax rate by contacting the
16681601 members of the (name of governing body) of (name of taxing unit) at
16691602 their offices or by attending the public meeting mentioned above.
16701603 "Your taxes owed under any of the above rates can be
16711604 calculated as follows:
16721605 "Property tax amount = tax rate x taxable value of your
16731606 property / 100
16741607 "(Names of all members of the governing body, showing how
16751608 each voted on the proposed tax rate or, if one or more were absent,
16761609 indicating the absences.)"
16771610 (c) In addition to including the information described by
16781611 Subsection (b), the notice must include the information described
16791612 by Section 26.062.
1680- (d) The notice required under this section must be provided
1681- in the manner required under Section 26.06(c).
16821613 Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX
16831614 RATE NOTICE. (a) In addition to the information described by
16841615 Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a
16851616 notice required by that provision must include at the end of the
16861617 notice:
16871618 (1) a statement in the following form:
16881619 "The following table compares the taxes imposed on the
16891620 average residence homestead by (name of taxing unit) last year to
16901621 the taxes proposed to be imposed on the average residence homestead
16911622 by (name of taxing unit) this year:";
16921623 (2) a table in the form required by this section
16931624 following the statement described by Subdivision (1); and
16941625 (3) a statement in the following form following the
16951626 table:
16961627 (A) if the tax assessor for the taxing unit
16971628 maintains an Internet website: "For assistance with tax
16981629 calculations, please contact the tax assessor for (name of taxing
16991630 unit) at (telephone number) or (e-mail address), or visit (Internet
17001631 website address) for more information."; or
17011632 (B) if the tax assessor for the taxing unit does
17021633 not maintain an Internet website: "For assistance with tax
17031634 calculations, please contact the tax assessor for (name of taxing
17041635 unit) at (telephone number) or (e-mail address)."
17051636 (b) The table must contain five rows and four columns.
17061637 (c) The first row must appear as follows:
17071638 (1) the first column of the first row must be left
17081639 blank;
17091640 (2) the second column of the first row must state the
17101641 year corresponding to the preceding tax year;
17111642 (3) the third column of the first row must state the
17121643 year corresponding to the current tax year; and
17131644 (4) the fourth column of the first row must be entitled
17141645 "Change".
17151646 (d) The second row must appear as follows:
17161647 (1) the first column of the second row must be entitled
17171648 "Total tax rate (per $100 of value)";
17181649 (2) the second column of the second row must state the
17191650 adopted tax rate for the preceding tax year;
17201651 (3) the third column of the second row must state the
17211652 proposed tax rate for the current tax year; and
17221653 (4) the fourth column of the second row must state the
17231654 nominal and percentage difference between the adopted tax rate for
17241655 the preceding tax year and the proposed tax rate for the current tax
17251656 year as follows: "(increase or decrease, as applicable) of
17261657 (nominal difference between tax rate stated in second column of
17271658 second row and tax rate stated in third column of second row) per
17281659 $100, or (percentage difference between tax rate stated in second
17291660 column of second row and tax rate stated in third column of second
17301661 row)%".
17311662 (e) The third row must appear as follows:
17321663 (1) the first column of the third row must be entitled
17331664 "Average homestead taxable value";
17341665 (2) the second column of the third row must state the
17351666 average taxable value of a residence homestead in the taxing unit
17361667 for the preceding tax year;
17371668 (3) the third column of the third row must state the
17381669 average taxable value of a residence homestead in the taxing unit
17391670 for the current tax year; and
17401671 (4) the fourth column of the third row must state the
17411672 percentage difference between the average taxable value of a
17421673 residence homestead in the taxing unit for the preceding tax year
17431674 and the average taxable value of a residence homestead in the taxing
17441675 unit for the current tax year as follows: "(increase or decrease,
17451676 as applicable) of (percentage difference between amount stated in
17461677 second column of third row and amount stated in third column of
17471678 third row)%".
17481679 (f) The fourth row must appear as follows:
17491680 (1) the first column of the fourth row must be entitled
17501681 "Tax on average homestead";
17511682 (2) the second column of the fourth row must state the
17521683 amount of taxes imposed by the taxing unit in the preceding tax year
17531684 on a residence homestead with a taxable value equal to the average
17541685 taxable value of a residence homestead in the taxing unit in the
17551686 preceding tax year;
17561687 (3) the third column of the fourth row must state the
17571688 amount of taxes that would be imposed by the taxing unit in the
17581689 current tax year on a residence homestead with a taxable value equal
17591690 to the average taxable value of a residence homestead in the taxing
17601691 unit in the current tax year if the taxing unit adopted the proposed
17611692 tax rate; and
17621693 (4) the fourth column of the fourth row must state the
17631694 nominal and percentage difference between the amount of taxes
17641695 imposed by the taxing unit in the preceding tax year on a residence
17651696 homestead with a taxable value equal to the average taxable value of
17661697 a residence homestead in the taxing unit in the preceding tax year
17671698 and the amount of taxes that would be imposed by the taxing unit in
17681699 the current tax year on a residence homestead with a taxable value
17691700 equal to the average taxable value of a residence homestead in the
17701701 taxing unit in the current tax year if the taxing unit adopted the
17711702 proposed tax rate, as follows: "(increase or decrease, as
17721703 applicable) of (nominal difference between amount stated in second
17731704 column of fourth row and amount stated in third column of fourth
17741705 row), or (percentage difference between amount stated in second
17751706 column of fourth row and amount stated in third column of fourth
17761707 row)%".
17771708 (g) The fifth row must appear as follows:
17781709 (1) the first column of the fifth row must be entitled
17791710 "Total tax levy on all properties";
17801711 (2) the second column of the fifth row must state the
17811712 amount equal to last year's levy;
17821713 (3) the third column of the fifth row must state the
17831714 amount computed by multiplying the proposed tax rate by the current
17841715 total value and dividing the product by 100; and
17851716 (4) the fourth column of the fifth row must state the
17861717 nominal and percentage difference between the total amount of taxes
17871718 imposed by the taxing unit in the preceding tax year and the amount
17881719 that would be imposed by the taxing unit in the current tax year if
17891720 the taxing unit adopted the proposed tax rate, as follows:
17901721 "(increase or decrease, as applicable) of (nominal difference
17911722 between amount stated in second column of fifth row and amount
17921723 stated in third column of fifth row), or (percentage difference
17931724 between amount stated in second column of fifth row and amount
17941725 stated in third column of fifth row)%".
17951726 (h) In calculating the average taxable value of a residence
17961727 homestead in the taxing unit for the preceding tax year and the
17971728 current tax year for purposes of Subsections (e) and (f), any
17981729 residence homestead exemption available only to disabled persons,
17991730 persons 65 years of age or older, or their surviving spouses must be
18001731 disregarded.
1801- SECTION 39. Section 26.065(b), Tax Code, is amended to read
1732+ SECTION 40. Section 26.065(b), Tax Code, is amended to read
18021733 as follows:
18031734 (b) The [If the] taxing unit [owns, operates, or controls an
18041735 Internet website, the unit] shall post notice of the public hearing
18051736 prominently on the home page of the Internet website of the taxing
18061737 unit continuously for at least seven days immediately before the
18071738 public hearing on the proposed tax rate increase and at least seven
18081739 days immediately before the date of the vote proposing the increase
18091740 in the tax rate.
1810- SECTION 40. Section 26.07, Tax Code, is amended to read as
1811- follows:
1812- Sec. 26.07. ELECTION TO APPROVE TAX RATE OF TAXING UNIT
1813- OTHER THAN SCHOOL DISTRICT [REPEAL INCREASE]. (a) This section
1814- applies to [If the governing body of] a taxing unit other than a
1815- school district.
1816- (b) If the governing body of a taxing unit adopts a tax rate
1817- that exceeds the taxing unit's rollback tax rate [calculated as
1818- provided by this chapter], the registered [qualified] voters of the
1819- taxing unit at an election held for that purpose must determine
1741+ SECTION 41. The heading to Section 26.08, Tax Code, is
1742+ amended to read as follows:
1743+ Sec. 26.08. ELECTION TO APPROVE TAX RATE OF TAXING UNIT
1744+ [RATIFY SCHOOL TAXES].
1745+ SECTION 42. Section 26.08, Tax Code, is amended by amending
1746+ Subsections (a), (b), (d), (d-1), (d-2), (e), (g), (h), (i), (n),
1747+ and (p) and adding Subsections (b-1) and (q) to read as follows:
1748+ (a) If the governing body of a taxing unit [school district]
1749+ adopts a tax rate that exceeds the taxing unit's [district's]
1750+ rollback tax rate, the registered voters of the taxing unit
1751+ [district] at an election held for that purpose must determine
18201752 whether to approve the adopted tax rate. When increased
1821- expenditure of money by a taxing unit is necessary to respond to a
1822- disaster, including a tornado, hurricane, flood, or other calamity,
1823- but not including a drought, that has impacted the taxing unit and
1824- the governor has declared any part of the area in which the taxing
1825- unit is located as a disaster area, an election is not required
1826- under this section to approve the tax rate adopted by the governing
1827- body for the year following the year in which the disaster occurs
1828- [by petition may require that an election be held to determine
1829- whether or not to reduce the tax rate adopted for the current year
1830- to the rollback tax rate calculated as provided by this chapter].
1831- [(b) A petition is valid only if:
1832- [(1) it states that it is intended to require an
1833- election in the taxing unit on the question of reducing the tax rate
1834- for the current year;
1835- [(2) it is signed by a number of registered voters of
1836- the taxing unit equal to at least:
1837- [(A) seven percent of the number of registered
1838- voters of the taxing unit according to the most recent list of
1839- registered voters if the tax rate adopted for the current tax year
1840- would impose taxes for maintenance and operations in an amount of at
1841- least $5 million; or
1842- [(B) 10 percent of the number of registered
1843- voters of the taxing unit according to the most recent official list
1844- of registered voters if the tax rate adopted for the current tax
1845- year would impose taxes for maintenance and operations in an amount
1846- of less than $5 million; and
1847- [(3) it is submitted to the governing body on or before
1848- the 90th day after the date on which the governing body adopted the
1849- tax rate for the current year.]
1850- (c) The governing body [Not later than the 20th day after
1851- the day a petition is submitted, the governing body shall determine
1852- whether or not the petition is valid and pass a resolution stating
1853- its finding. If the governing body fails to act within the time
1854- allowed, the petition is treated as if it had been found valid.
1855- [(d) If the governing body finds that the petition is valid
1856- (or fails to act within the time allowed), it] shall order that the
1857- [an] election be held in the taxing unit on the uniform election
1858- date prescribed by Section 41.001, Election Code, that occurs in
1753+ expenditure of money by a taxing unit [school district] is
1754+ necessary to respond to a disaster, including a tornado, hurricane,
1755+ flood, or other calamity, but not including a drought, that has
1756+ impacted the taxing unit [a school district] and the governor has
1757+ declared any part of [requested federal disaster assistance for]
1758+ the area in which the taxing unit [school district] is located as a
1759+ disaster area, an election is not required under this section to
1760+ approve the tax rate adopted by the governing body for the year
1761+ following the year in which the disaster occurs.
1762+ (b) This subsection applies only to a taxing unit other than
1763+ a school district. The governing body shall order that the election
1764+ be held in the taxing unit [school district] on the uniform election
1765+ date prescribed by [a date not less than 30 or more than 90 days
1766+ after the day on which it adopted the tax rate.] Section 41.001,
1767+ Election Code, that occurs in November of the applicable tax year.
1768+ The order calling the election may not be issued later than August
1769+ 15 [does not apply to the election unless a date specified by that
1770+ section falls within the time permitted by this section]. At the
1771+ election, the ballots shall be prepared to permit voting for or
1772+ against the proposition: "Approving the ad valorem tax rate of
1773+ $_____ per $100 valuation in (name of taxing unit [school
1774+ district]) for the current year, a rate that is $_____ higher per
1775+ $100 valuation than the [school district] rollback tax rate of
1776+ (name of taxing unit), for the purpose of (description of purpose of
1777+ increase)." The ballot proposition must include the adopted tax
1778+ rate and the difference between that rate and the rollback tax rate
1779+ in the appropriate places.
1780+ (b-1) This subsection applies only to a school district.
1781+ The governing body of a school district shall order that the
1782+ election be held in the school district on the uniform election date
1783+ prescribed by Section 41.001, Election Code, that occurs in
18591784 November of the applicable tax year. The order calling the election
1860- may not be issued later than August 15 [a date not less than 30 or
1861- more than 90 days after the last day on which it could have acted to
1862- approve or disapprove the petition. A state law requiring local
1863- elections to be held on a specified date does not apply to the
1864- election unless a specified date falls within the time permitted by
1865- this section]. At the election, the ballots shall be prepared to
1866- permit voting for or against the proposition: "Approving the ad
1867- valorem tax rate of $_____ per $100 valuation in (name of taxing
1868- unit) for the current year, a rate that is $_____ higher per $100
1869- valuation than the rollback tax rate of (name of taxing unit), for
1870- the purpose of (description of purpose of increase) ["Reducing the
1871- tax rate in (name of taxing unit) for the current year from (the
1872- rate adopted) to (the rollback tax rate calculated as provided by
1873- this chapter)]." The ballot proposition must include the adopted
1874- tax rate and the difference between that rate and the rollback tax
1875- rate in the appropriate places.
1876- (d) [(e)] If a majority of the votes cast [qualified voters
1877- voting on the question] in the election favor the proposition, the
1878- tax rate for the [taxing unit for the] current year is the [rollback
1879- tax] rate that was adopted by the governing body [calculated as
1880- provided by this chapter; otherwise, the tax rate for the current
1881- year is the one adopted by the governing body].
1882- (e) If the proposition is not approved as provided by
1883- Subsection (d), the governing body may not adopt a tax rate for the
1884- taxing unit for the current year that exceeds the taxing unit's
1785+ may not be issued later than August 15. At the election, the
1786+ ballots shall be prepared to permit voting for or against the
1787+ proposition: "Approving the ad valorem tax rate of $___ per $100
1788+ valuation in (name of school district) for the current year, a rate
1789+ that is $_____ higher per $100 valuation than the rollback tax rate
1790+ of (name of school district), for the purpose of (description of
1791+ purpose of increase). This rate will allow the school district to
1792+ collect an amount of maintenance and operations tax revenue that is
1793+ at least 2.5 percent greater than the amount of that revenue that
1794+ was collected by the school district in the preceding year." The
1795+ ballot proposition must include the adopted tax rate and the
1796+ difference between that rate and the rollback tax rate in the
1797+ appropriate places.
1798+ (d) If the proposition is not approved as provided by
1799+ Subsection (c), the governing body may not adopt a tax rate for the
1800+ taxing unit [school district] for the current year that exceeds the
1801+ taxing unit's [school district's] rollback tax rate.
1802+ (d-1) If, after tax bills for the taxing unit [school
1803+ district] have been mailed, a proposition to approve the taxing
1804+ unit's [school district's] adopted tax rate is not approved by the
1805+ voters of the taxing unit [district] at an election held under this
1806+ section, on subsequent adoption of a new tax rate by the governing
1807+ body of the taxing unit [district], the assessor for the taxing unit
1808+ [school] shall prepare and mail corrected tax bills. The assessor
1809+ shall include with each bill a brief explanation of the reason for
1810+ and effect of the corrected bill. The date on which the taxes
1811+ become delinquent for the year is extended by a number of days equal
1812+ to the number of days between the date the first tax bills were sent
1813+ and the date the corrected tax bills were sent.
1814+ (d-2) If a property owner pays taxes calculated using the
1815+ originally adopted tax rate of the taxing unit [school district]
1816+ and the proposition to approve the adopted tax rate is not approved
1817+ by the voters, the taxing unit [school district] shall refund the
1818+ difference between the amount of taxes paid and the amount due under
1819+ the subsequently adopted rate if the difference between the amount
1820+ of taxes paid and the amount due under the subsequent rate is $1 or
1821+ more. If the difference between the amount of taxes paid and the
1822+ amount due under the subsequent rate is less than $1, the taxing
1823+ unit [school district] shall refund the difference on request of
1824+ the taxpayer. An application for a refund of less than $1 must be
1825+ made within 90 days after the date the refund becomes due or the
1826+ taxpayer forfeits the right to the refund.
1827+ (e) For purposes of this section, local tax funds dedicated
1828+ to a junior college district under Section 45.105(e), Education
1829+ Code, shall be eliminated from the calculation of the tax rate
1830+ adopted by the governing body of a [the] school district. However,
1831+ the funds dedicated to the junior college district are subject to
1832+ Section 26.085.
1833+ (g) In a school district that received distributions from an
1834+ equalization tax imposed under former Chapter 18, Education Code,
1835+ the no-new-revenue tax [effective] rate of that tax as of the date
1836+ of the county unit system's abolition is added to the district's
18851837 rollback tax rate.
1886- (f) If, [the tax rate is reduced by an election called under
1887- this section] after tax bills for the taxing unit have been [are]
1888- mailed, a proposition to approve the taxing unit's adopted tax rate
1889- is not approved by the voters of the taxing unit at an election held
1890- under this section, on subsequent adoption of a new tax rate by the
1891- governing body of the taxing unit, the assessor for the taxing unit
1892- shall prepare and mail corrected tax bills. The assessor [He] shall
1893- include with the bill a brief explanation of the reason for and
1894- effect of the corrected bill. The date on which the taxes become
1895- delinquent for the year is extended by a number of days equal to the
1896- number of days between the date the first tax bills were sent and
1897- the date the corrected tax bills were sent.
1898- (g) If a property owner pays taxes calculated using the
1899- originally adopted [higher] tax rate of the taxing unit and the
1900- proposition to approve the adopted tax rate is not approved by
1901- voters [when the rate is reduced by an election called under this
1902- section], the taxing unit shall refund the difference between the
1903- amount of taxes paid and the amount due under the subsequently
1904- adopted [reduced] rate if the difference between the amount of
1905- taxes paid and the amount due under the subsequent [reduced] rate is
1906- $1 or more. If the difference between the amount of taxes paid and
1907- the amount due under the subsequent [reduced] rate is less than $1,
1908- the taxing unit shall refund the difference on request of the
1909- taxpayer. An application for a refund of less than $1 must be made
1910- within 90 days after the date the refund becomes due or the taxpayer
1911- forfeits the right to the refund.
1912- SECTION 41. The heading to Section 26.16, Tax Code, is
1838+ (h) For purposes of this section, increases in taxable
1839+ values and tax levies occurring within a reinvestment zone
1840+ designated under Chapter 311 [(Tax Increment Financing Act),] in
1841+ which a school [the] district is a participant[,] shall be
1842+ eliminated from the calculation of the tax rate adopted by the
1843+ governing body of the school district.
1844+ (i) For purposes of this section, the no-new-revenue
1845+ [effective] maintenance and operations tax rate of a school
1846+ district is the tax rate that, applied to the current total value
1847+ for the district, would impose taxes in an amount that, when added
1848+ to state funds that would be distributed to the district under
1849+ Chapter 42, Education Code, for the school year beginning in the
1850+ current tax year using that tax rate, would provide the same amount
1851+ of state funds distributed under Chapter 42, Education Code, and
1852+ maintenance and operations taxes of the district per student in
1853+ weighted average daily attendance for that school year that would
1854+ have been available to the district in the preceding year if the
1855+ funding elements for Chapters 41 and 42, Education Code, for the
1856+ current year had been in effect for the preceding year.
1857+ (n) For purposes of this section, the rollback tax rate of a
1858+ school district [whose maintenance and operations tax rate for the
1859+ 2005 tax year was $1.50 or less per $100 of taxable value] is the sum
1860+ of the following:
1861+ (1) the rate per $100 of taxable value that is equal to
1862+ the product of the no-new-revenue maintenance and operations tax
1863+ rate of the district as computed under Subsection (i) and 1.025 [for
1864+ the 2006 tax year, the sum of the rate that is equal to 88.67 percent
1865+ of the maintenance and operations tax rate adopted by the district
1866+ for the 2005 tax year, the rate of $0.04 per $100 of taxable value,
1867+ and the district's current debt rate]; and
1868+ (2) [for the 2007 and subsequent tax years, the lesser
1869+ of the following:
1870+ [(A) the sum of the following:
1871+ [(i) the rate per $100 of taxable value that
1872+ is equal to the product of the state compression percentage, as
1873+ determined under Section 42.2516, Education Code, for the current
1874+ year and $1.50;
1875+ [(ii) the rate of $0.04 per $100 of taxable
1876+ value;
1877+ [(iii) the rate that is equal to the sum of
1878+ the differences for the 2006 and each subsequent tax year between
1879+ the adopted tax rate of the district for that year if the rate was
1880+ approved at an election under this section and the rollback tax rate
1881+ of the district for that year; and
1882+ [(iv) the district's current debt rate; or
1883+ [(B) the sum of the following:
1884+ [(i) the effective maintenance and
1885+ operations tax rate of the district as computed under Subsection
1886+ (i) or (k), as applicable;
1887+ [(ii) the rate per $100 of taxable value
1888+ that is equal to the product of the state compression percentage, as
1889+ determined under Section 42.2516, Education Code, for the current
1890+ year and $0.06; and
1891+ [(iii)] the district's current debt rate.
1892+ (p) Notwithstanding Subsections (i) and[,] (n), [and (o),]
1893+ if for the preceding tax year a school district adopted a
1894+ maintenance and operations tax rate that was less than the
1895+ district's no-new-revenue [effective] maintenance and operations
1896+ tax rate for that preceding tax year, the rollback tax rate of the
1897+ district for the current tax year is calculated as if the district
1898+ adopted a maintenance and operations tax rate for the preceding tax
1899+ year that was equal to the district's no-new-revenue [effective]
1900+ maintenance and operations tax rate for that preceding tax year.
1901+ (q) Except as otherwise expressly provided by law, this
1902+ section does not apply to a tax imposed by a taxing unit if a
1903+ provision of an uncodified local or special law enacted by the 86th
1904+ Legislature, Regular Session, 2019, or by an earlier legislature
1905+ provides that former Section 26.07 does not apply to a tax imposed
1906+ by the taxing unit.
1907+ SECTION 43. The heading to Section 26.16, Tax Code, is
19131908 amended to read as follows:
19141909 Sec. 26.16. POSTING OF TAX-RELATED INFORMATION [TAX RATES]
19151910 ON COUNTY'S INTERNET WEBSITE.
1916- SECTION 42. Section 26.16, Tax Code, is amended by amending
1911+ SECTION 44. Section 26.16, Tax Code, is amended by amending
19171912 Subsections (a) and (d) and adding Subsections (a-1), (d-1), and
19181913 (d-2) to read as follows:
19191914 (a) Each county shall maintain an Internet website. The
19201915 county assessor-collector for each county [that maintains an
19211916 Internet website] shall post on the Internet website maintained by
19221917 [of] the county the following information for the most recent five
19231918 tax years [beginning with the 2012 tax year] for each taxing unit
19241919 all or part of the territory of which is located in the county:
19251920 (1) the adopted tax rate;
19261921 (2) the maintenance and operations rate;
19271922 (3) the debt rate;
19281923 (4) the no-new-revenue [effective] tax rate;
19291924 (5) the no-new-revenue [effective] maintenance and
19301925 operations rate; and
19311926 (6) the rollback tax rate.
19321927 (a-1) For purposes of Subsection (a), a reference to the
19331928 no-new-revenue tax rate or the no-new-revenue maintenance and
19341929 operations rate includes the equivalent effective tax rate or
19351930 effective maintenance and operations rate for a preceding year.
19361931 This subsection expires January 1, 2026.
19371932 (d) The county assessor-collector shall post immediately
19381933 below the table prescribed by Subsection (c) the following
19391934 statement:
19401935 "The county is providing this table of property tax rate
19411936 information as a service to the residents of the county. Each
19421937 individual taxing unit is responsible for calculating the property
19431938 tax rates listed in this table pertaining to that taxing unit and
19441939 providing that information to the county.
19451940 "The adopted tax rate is the tax rate adopted by the governing
19461941 body of a taxing unit.
19471942 "The maintenance and operations rate is the component of the
19481943 adopted tax rate of a taxing unit that will impose the amount of
19491944 taxes needed to fund maintenance and operation expenditures of the
19501945 taxing unit for the following year.
19511946 "The debt rate is the component of the adopted tax rate of a
19521947 taxing unit that will impose the amount of taxes needed to fund the
19531948 taxing unit's debt service for the following year.
19541949 "The no-new-revenue [effective] tax rate is the tax rate that
19551950 would generate the same amount of revenue in the current tax year as
19561951 was generated by a taxing unit's adopted tax rate in the preceding
19571952 tax year from property that is taxable in both the current tax year
19581953 and the preceding tax year.
19591954 "The no-new-revenue [effective] maintenance and operations
19601955 rate is the tax rate that would generate the same amount of revenue
19611956 for maintenance and operations in the current tax year as was
19621957 generated by a taxing unit's maintenance and operations rate in the
19631958 preceding tax year from property that is taxable in both the current
19641959 tax year and the preceding tax year.
19651960 "The rollback tax rate is the highest tax rate a taxing unit
19661961 may adopt before requiring voter approval at an election. An [In
19671962 the case of a taxing unit other than a school district, the voters
19681963 by petition may require that a rollback election be held if the unit
19691964 adopts a tax rate in excess of the unit's rollback tax rate. In the
19701965 case of a school district, an] election will automatically be held
19711966 if a taxing unit [the district] wishes to adopt a tax rate in excess
19721967 of the taxing unit's [district's] rollback tax rate."
19731968 (d-1) In addition to posting the information described by
19741969 Subsection (a), the county assessor-collector shall post on the
19751970 Internet website of the county for each taxing unit all or part of
19761971 the territory of which is located in the county:
19771972 (1) the tax rate calculation forms used by the
19781973 designated officer or employee of each taxing unit to calculate the
19791974 no-new-revenue and rollback tax rates of the taxing unit for the
19801975 most recent five tax years beginning with the 2020 tax year, as
19811976 certified by the designated officer or employee under Section
19821977 26.04(d-2); and
19831978 (2) the name and official contact information for each
19841979 member of the governing body of the taxing unit.
19851980 (d-2) Not later than August 1, the county
19861981 assessor-collector shall post on the website the tax rate
19871982 calculation forms described by Subsection (d-1)(1) for the current
19881983 tax year.
1989- SECTION 43. Chapter 26, Tax Code, is amended by adding
1984+ SECTION 45. Chapter 26, Tax Code, is amended by adding
19901985 Sections 26.17 and 26.18 to read as follows:
1991- Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION.
1992- (a) The chief appraiser of each appraisal district shall create and
1993- maintain a property tax database that:
1994- (1) is identified by the name of the county in which
1995- the appraisal district is established instead of the name of the
1996- appraisal district;
1986+ Sec. 26.17. REAL-TIME TAX DATABASE. (a) The tax notice
1987+ officer of each appraisal district shall create and maintain a
1988+ database that:
1989+ (1) is identified by the name of the office of tax
1990+ notices, instead of the name of the appraisal district, and as the
1991+ "Real-Time Tax Database";
19971992 (2) contains information that is provided by
19981993 designated officers or employees of the taxing units that are
1999- located in the appraisal district in the manner required by the
2000- comptroller;
1994+ located in the appraisal district in the manner required by rules
1995+ adopted by the comptroller;
20011996 (3) is continuously updated as preliminary and revised
20021997 data become available to and are provided by the designated
20031998 officers or employees of taxing units;
20041999 (4) is accessible to the public; and
2005- (5) is searchable by property address and owner,
2006- except to the extent that access to the information in the database
2007- is restricted by Section 25.025 or 25.026.
2008- (b) The database must include, with respect to each property
2009- listed on the appraisal roll for the appraisal district:
2000+ (5) is searchable by property address and owner.
2001+ (b) The database must be capable of generating, with respect
2002+ to each property listed on the appraisal roll for the appraisal
2003+ district, a real-time tax notice that includes:
20102004 (1) the property's identification number;
20112005 (2) the property's market value;
20122006 (3) the property's taxable value;
20132007 (4) the name of each taxing unit in which the property
20142008 is located;
20152009 (5) for each taxing unit other than a school district
20162010 in which the property is located:
20172011 (A) the no-new-revenue tax rate; and
20182012 (B) the rollback tax rate;
20192013 (6) for each school district in which the property is
20202014 located:
2021- (A) the tax rate that would maintain the same
2022- amount of state and local revenue per weighted student that the
2023- district received in the school year beginning in the preceding tax
2024- year; and
2015+ (A) the rate to maintain the same amount of state
2016+ and local revenue per weighted student that the district received
2017+ in the school year beginning in the preceding tax year; and
20252018 (B) the rollback tax rate;
20262019 (7) the tax rate proposed by the governing body of each
20272020 taxing unit in which the property is located;
20282021 (8) for each taxing unit other than a school district
20292022 in which the property is located, the taxes that would be imposed on
20302023 the property if the taxing unit adopted a tax rate equal to:
20312024 (A) the no-new-revenue tax rate; and
20322025 (B) the proposed tax rate;
20332026 (9) for each school district in which the property is
20342027 located, the taxes that would be imposed on the property if the
20352028 district adopted a tax rate equal to:
2036- (A) the tax rate that would maintain the same
2037- amount of state and local revenue per weighted student that the
2038- district received in the school year beginning in the preceding tax
2039- year; and
2029+ (A) the rate to maintain the same amount of state
2030+ and local revenue per weighted student that the district received
2031+ in the school year beginning in the preceding tax year; and
20402032 (B) the proposed tax rate;
20412033 (10) for each taxing unit other than a school district
20422034 in which the property is located, the difference between the amount
20432035 calculated under Subdivision (8)(A) and the amount calculated under
20442036 Subdivision (8)(B);
20452037 (11) for each school district in which the property is
20462038 located, the difference between the amount calculated under
20472039 Subdivision (9)(A) and the amount calculated under Subdivision
20482040 (9)(B);
2049- (12) the date, time, and location of the public
2041+ (12) the date, time, and location of each public
20502042 hearing, if applicable, on the proposed tax rate to be held by the
20512043 governing body of each taxing unit in which the property is located;
20522044 (13) the date, time, and location of the public
2053- meeting, if applicable, at which the tax rate will be adopted to be
2054- held by the governing body of each taxing unit in which the property
2055- is located; and
2045+ meeting at which the tax rate will be adopted to be held by the
2046+ governing body of each taxing unit in which the property is located;
2047+ and
20562048 (14) for each taxing unit in which the property is
20572049 located, an e-mail address at which the taxing unit is capable of
20582050 receiving written comments regarding the proposed tax rate of the
20592051 taxing unit.
2060- (c) The database must provide a link to the Internet website
2052+ (c) The address of the Internet website at which the
2053+ information contained in the database may be found must be in the
2054+ form "(insert name of county in which appraisal district is
2055+ established)CountyTaxRates.gov" or a substantially similar form.
2056+ (d) The database must provide a link to the Internet website
20612057 used by each taxing unit in which the property is located to post
2062- the information described by Section 26.18.
2063- (d) The database must allow the property owner to
2064- electronically complete and submit to a taxing unit in which the
2065- owner's property is located a form on which the owner may provide
2066- the owner's opinion as to whether the tax rate proposed by the
2067- governing body of the taxing unit should be adopted. The form must
2068- require the owner to provide the owner's name and contact
2069- information and the physical address of the owner's property
2070- located in the taxing unit. The database must allow a property
2071- owner to complete and submit the form at any time during the period
2072- beginning on the date the governing body of the taxing unit proposes
2073- the tax rate for that tax year and ending on the date the governing
2074- body adopts a tax rate for that tax year.
2075- (e) The officer or employee designated by the governing body
2076- of each taxing unit in which the property is located to calculate
2077- the no-new-revenue tax rate and the rollback tax rate for the taxing
2078- unit must electronically incorporate into the database:
2079- (1) the information described by Subsections (b)(5),
2080- (6), (7), (12), and (13), as applicable, as the information becomes
2081- available; and
2082- (2) the tax rate calculation forms prepared under
2083- Section 26.04(d-1) at the same time the designated officer or
2084- employee submits the tax rates to the governing body of the taxing
2085- unit under Section 26.04(e).
2086- (f) The chief appraiser shall make the information
2087- described by Subsection (e)(1) and the tax rate calculation forms
2088- described by Subsection (e)(2) available to the public not later
2089- than the third business day after the date the information and forms
2090- are incorporated into the database.
2058+ the information described by Section 26.18. The link must be
2059+ preceded by the following statement:
2060+ "Click on the name of the taxing unit for the following information
2061+ about the taxing unit:
2062+ "(1) the names of and contact information for each
2063+ member of the governing body of the taxing unit;
2064+ "(2) the budget proposed or adopted for the current
2065+ year and the budgets for the preceding two years, as well as an
2066+ analysis of the change in the budget from year to year;
2067+ "(3) the amount of property tax revenue budgeted for
2068+ maintenance and operation expenses and debt service in the proposed
2069+ or adopted budget and in the budgets for the preceding two years;
2070+ "(4) the tax rates adopted for maintenance and
2071+ operation expenses and debt service for the preceding two years and
2072+ the rates proposed for those purposes for the current year; and
2073+ "(5) the most recent financial audit of the taxing
2074+ unit."
2075+ (e) The database must include the following definition of
2076+ the no-new-revenue tax rate: "The no-new-revenue tax rate is last
2077+ year's tax rate, adjusted for changes in taxable value. The
2078+ no-new-revenue tax rate takes into account all property on the tax
2079+ roll for both last year and this year."
2080+ (f) The officer or employee designated by the governing body
2081+ of each taxing unit to calculate the no-new-revenue tax rate and the
2082+ rollback tax rate for the taxing unit must electronically:
2083+ (1) enter in the database the information described by
2084+ Subsection (b) as the information becomes available; and
2085+ (2) incorporate into the database the completed tax
2086+ rate calculation forms prepared under Section 26.04(d-1) at the
2087+ same time the designated officer or employee submits the tax rates
2088+ to the governing body of the taxing unit under Section 26.04(e).
2089+ (g) The e-mail address described by Subsection (b)(14) must
2090+ be accompanied by the following statement: "An e-mail address is
2091+ provided for each taxing unit as a way for you to express your
2092+ support for or opposition to the proposed tax rate. If you wish to
2093+ express your support or opposition, you are encouraged to do so
2094+ before the date of the hearing shown on the notice."
2095+ (h) Each taxing unit shall establish an e-mail address for
2096+ the purpose described by Subsection (b)(14).
20912097 Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY
20922098 TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet
20932099 website or have access to a generally accessible Internet website
20942100 that may be used for the purposes of this section. Each taxing unit
20952101 shall post or cause to be posted on the Internet website the
20962102 following information in a format prescribed by the comptroller:
20972103 (1) the name of each member of the governing body of
20982104 the taxing unit;
20992105 (2) the mailing address, e-mail address, and telephone
21002106 number of the taxing unit;
21012107 (3) the official contact information for each member
21022108 of the governing body of the taxing unit, if that information is
21032109 different from the information described by Subdivision (2);
21042110 (4) the taxing unit's budget for the preceding two
21052111 years;
21062112 (5) the taxing unit's proposed or adopted budget for
21072113 the current year;
21082114 (6) the change in the amount of the taxing unit's
21092115 budget from the preceding year to the current year, by dollar amount
21102116 and percentage;
21112117 (7) in the case of a taxing unit other than a school
21122118 district, the amount of property tax revenue budgeted for
21132119 maintenance and operations for:
21142120 (A) the preceding two years; and
21152121 (B) the current year;
21162122 (8) in the case of a taxing unit other than a school
21172123 district, the amount of property tax revenue budgeted for debt
21182124 service for:
21192125 (A) the preceding two years; and
21202126 (B) the current year;
21212127 (9) the tax rate for maintenance and operations
21222128 adopted by the taxing unit for the preceding two years;
21232129 (10) in the case of a taxing unit other than a school
21242130 district, the tax rate for debt service adopted by the taxing unit
21252131 for the preceding two years;
21262132 (11) in the case of a school district, the interest and
21272133 sinking fund tax rate adopted by the district for the preceding two
21282134 years;
21292135 (12) the tax rate for maintenance and operations
21302136 proposed by the taxing unit for the current year;
21312137 (13) in the case of a taxing unit other than a school
21322138 district, the tax rate for debt service proposed by the taxing unit
21332139 for the current year;
21342140 (14) in the case of a school district, the interest and
21352141 sinking fund tax rate proposed by the district for the current year;
21362142 and
21372143 (15) the most recent financial audit of the taxing
21382144 unit.
2139- SECTION 44. Section 31.12(b), Tax Code, is amended to read
2140- as follows:
2145+ SECTION 46. Sections 31.12(a) and (b), Tax Code, are
2146+ amended to read as follows:
2147+ (a) If a refund of a tax provided by Section 11.431(b),
2148+ 26.08(d-2) [26.07(g)], 26.15(f), 31.11, 31.111, or 31.112 is paid
2149+ on or before the 60th day after the date the liability for the
2150+ refund arises, no interest is due on the amount refunded. If not
2151+ paid on or before that 60th day, the amount of the tax to be refunded
2152+ accrues interest at a rate of one percent for each month or part of a
2153+ month that the refund is unpaid, beginning with the date on which
2154+ the liability for the refund arises.
21412155 (b) For purposes of this section, liability for a refund
21422156 arises:
21432157 (1) if the refund is required by Section 11.431(b), on
21442158 the date the chief appraiser notifies the collector for the taxing
21452159 unit of the approval of the late homestead exemption;
2146- (2) if the refund is required by Section 26.07(g), on
2147- the date the subsequent tax rate is adopted [results of the election
2148- to reduce the tax rate are certified];
2160+ (2) if the refund is required by Section 26.08(d-2)
2161+ [26.07(g)], on the date the subsequent tax rate is adopted [results
2162+ of the election to reduce the tax rate are certified];
21492163 (3) if the refund is required by Section 26.15(f):
21502164 (A) for a correction to the tax roll made under
21512165 Section 26.15(b), on the date the change in the tax roll is
21522166 certified to the assessor for the taxing unit under Section 25.25;
21532167 or
21542168 (B) for a correction to the tax roll made under
21552169 Section 26.15(c), on the date the change in the tax roll is ordered
21562170 by the governing body of the taxing unit;
21572171 (4) if the refund is required by Section 31.11, on the
21582172 date the auditor for the taxing unit determines that the payment was
21592173 erroneous or excessive or, if the amount of the refund exceeds the
21602174 applicable amount specified by Section 31.11(a), on the date the
21612175 governing body of the taxing unit approves the refund;
21622176 (5) if the refund is required by Section 31.111, on the
21632177 date the collector for the taxing unit determines that the payment
21642178 was erroneous; or
21652179 (6) if the refund is required by Section 31.112, on the
21662180 date required by Section 31.112(d) or (e), as applicable.
2167- SECTION 45. Section 41.03(a), Tax Code, is amended to read
2181+ SECTION 47. Section 33.08(b), Tax Code, is amended to read
2182+ as follows:
2183+ (b) The governing body of the taxing unit or appraisal
2184+ district, in the manner required by law for official action, may
2185+ provide that taxes that become delinquent on or after June 1 under
2186+ Section 26.08(d-1) [26.07(f)], 26.15(e), 31.03, 31.031, 31.032,
2187+ 31.04, or 42.42 incur an additional penalty to defray costs of
2188+ collection. The amount of the penalty may not exceed the amount of
2189+ the compensation specified in the applicable contract with an
2190+ attorney under Section 6.30 to be paid in connection with the
2191+ collection of the delinquent taxes.
2192+ SECTION 48. Section 41.03(a), Tax Code, is amended to read
21682193 as follows:
21692194 (a) A taxing unit is entitled to challenge before the
21702195 appraisal review board:
21712196 (1) [the level of appraisals of any category of
21722197 property in the district or in any territory in the district, but
21732198 not the appraised value of a single taxpayer's property;
21742199 [(2)] an exclusion of property from the appraisal
21752200 records;
21762201 (2) [(3)] a grant in whole or in part of a partial
21772202 exemption;
21782203 (3) [(4)] a determination that land qualifies for
21792204 appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or
21802205 (4) [(5)] failure to identify the taxing unit as one
21812206 in which a particular property is taxable.
2182- SECTION 46. Section 41.44(d), Tax Code, is amended to read
2207+ SECTION 49. Section 41.12(a), Tax Code, is amended to read
2208+ as follows:
2209+ (a) By July 5 [20], the appraisal review board shall:
2210+ (1) hear and determine all or substantially all timely
2211+ filed protests;
2212+ (2) determine all timely filed challenges;
2213+ (3) submit a list of its approved changes in the
2214+ records to the chief appraiser; and
2215+ (4) approve the records.
2216+ SECTION 50. Section 41.44(d), Tax Code, is amended to read
21832217 as follows:
21842218 (d) A notice of protest is sufficient if it identifies the
21852219 protesting property owner, including a person claiming an ownership
21862220 interest in the property even if that person is not listed on the
21872221 appraisal records as an owner of the property, identifies the
21882222 property that is the subject of the protest, and indicates apparent
21892223 dissatisfaction with some determination of the appraisal office.
21902224 The notice need not be on an official form, but the comptroller
21912225 shall prescribe a form that provides for more detail about the
21922226 nature of the protest. The form must permit a property owner to
21932227 include each property in the appraisal district that is the subject
21942228 of a protest. The form must permit a property owner to request that
21952229 the protest be heard by a special panel established under Section
21962230 6.425 if the protest will be determined by an appraisal review board
21972231 to which that section applies and the property is included in a
21982232 classification described by Section 6.425(b). The comptroller,
21992233 each appraisal office, and each appraisal review board shall make
22002234 the forms readily available and deliver one to a property owner on
22012235 request.
2202- SECTION 47. Section 41.45, Tax Code, is amended by amending
2236+ SECTION 51. Section 41.45, Tax Code, is amended by amending
22032237 Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to
22042238 read as follows:
22052239 (d) This subsection does not apply to a special panel
22062240 established under Section 6.425. An appraisal review board
22072241 consisting of more than three members may sit in panels of not fewer
22082242 than three members to conduct protest hearings. [However, the
22092243 determination of a protest heard by a panel must be made by the
22102244 board.] If the recommendation of a panel is not accepted by the
22112245 board, the board may refer the matter for rehearing to a panel
22122246 composed of members who did not hear the original protest [hearing]
22132247 or, if there are not at least three members who did not hear the
22142248 original protest, the board may determine the protest. [Before
22152249 determining a protest or conducting a rehearing before a new panel
22162250 or the board, the board shall deliver notice of the hearing or
22172251 meeting to determine the protest in accordance with the provisions
22182252 of this subchapter.]
22192253 (d-1) An appraisal review board to which Section 6.425
22202254 applies shall sit in special panels established under that section
22212255 to conduct protest hearings. A special panel may conduct a protest
22222256 hearing relating to property only if the property is described by
22232257 Section 6.425(b) and the property owner has requested that a
22242258 special panel conduct the hearing or if the protest is assigned to
22252259 the special panel under Section 6.425(f). If the recommendation of
22262260 a special panel is not accepted by the board, the board may refer
22272261 the matter for rehearing to another special panel composed of
22282262 members who did not hear the original protest or, if there are not
22292263 at least three other special panel members who did not hear the
22302264 original protest, the board may determine the protest.
22312265 (d-2) The determination of a protest heard by a panel under
22322266 Subsection (d) or (d-1) must be made by the board.
22332267 (d-3) The board must deliver notice of a hearing or meeting
22342268 to determine a protest heard by a panel, or to rehear a protest,
22352269 under Subsection (d) or (d-1) in accordance with the provisions of
22362270 this subchapter.
2237- SECTION 48. Section 41.46(a), Tax Code, is amended to read
2271+ SECTION 52. Section 41.46(a), Tax Code, is amended to read
22382272 as follows:
22392273 (a) The appraisal review board before which a protest
22402274 hearing is scheduled shall deliver written notice to the property
2241- owner initiating a protest not later than the 15th day before the
2242- date of the hearing. The notice must include:
2243- (1) [of] the date, time, and place of [fixed for] the
2244- hearing;
2245- (2) a description of the subject matter of the hearing
2246- that is sufficient to identify the specific action being protested,
2247- such as:
2248- (A) the determination of the appraised value of
2249- the property owner's property;
2250- (B) the denial to the property owner in whole or
2251- in part of a partial exemption; or
2252- (C) the determination that the property owner's
2253- land does not qualify for appraisal as provided by Subchapter C, D,
2254- E, or H, Chapter 23; and
2255- (3) a statement that [on the protest and of] the
2256- property owner is entitled [owner's entitlement] to a postponement
2257- of the hearing as provided by Section 41.45 unless the property
2258- owner waives in writing notice of the hearing. [The board shall
2259- deliver the notice not later than the 15th day before the date of
2260- the hearing.]
2261- SECTION 49. Section 41.461, Tax Code, is amended to read as
2275+ owner initiating a protest of the date, time, [and] place, and
2276+ subject matter of [fixed for] the hearing on the protest and of the
2277+ property owner's entitlement to a postponement of the hearing as
2278+ provided by Section 41.45 unless the property owner waives in
2279+ writing notice of the hearing. The board shall deliver the notice
2280+ not later than the 15th day before the date of the hearing.
2281+ SECTION 53. Section 41.461, Tax Code, is amended to read as
22622282 follows:
22632283 Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING;
2264- DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before a
2265- hearing on a protest, the chief appraiser shall:
2284+ DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before the
2285+ first scheduled [a] hearing on a protest, the chief appraiser
2286+ shall:
22662287 (1) deliver a copy of the pamphlet prepared by the
22672288 comptroller under Section 5.06 [5.06(a)] to the property owner
2268- initiating the protest [if the owner is representing himself], or
2269- to an agent representing the owner if requested by the agent;
2289+ initiating the protest if the owner is representing himself, or to
2290+ an agent representing the owner if requested by the agent;
22702291 (2) inform the property owner that the owner or the
22712292 agent of the owner is entitled on request to [may inspect and may
22722293 obtain] a copy of the data, schedules, formulas, and all other
22732294 information the chief appraiser will [plans to] introduce at the
22742295 hearing to establish any matter at issue; and
22752296 (3) deliver a copy of the hearing procedures
22762297 established by the appraisal review board under Section 41.66 to
22772298 the property owner.
22782299 (b) The chief appraiser may not charge a property owner or
22792300 the designated agent of the owner for copies provided to the [an]
22802301 owner or designated agent under this section, regardless of the
22812302 manner in which the copies are prepared or delivered [may not exceed
22822303 the charge for copies of public information as provided under
22832304 Subchapter F, Chapter 552, Government Code, except:
22842305 [(1) the total charge for copies provided in
22852306 connection with a protest of the appraisal of residential property
22862307 may not exceed $15 for each residence; and
22872308 [(2) the total charge for copies provided in
22882309 connection with a protest of the appraisal of a single unit of
22892310 property subject to appraisal, other than residential property, may
22902311 not exceed $25].
22912312 (c) A chief appraiser shall deliver information requested
22922313 by a property owner or the agent of the owner under Subsection
22932314 (a)(2):
22942315 (1) by regular first-class mail, deposited in the
22952316 United States mail, postage prepaid, and addressed to the property
22962317 owner or agent at the address provided in the request for the
22972318 information;
22982319 (2) in an electronic format as provided by an
22992320 agreement under Section 1.085; or
23002321 (3) subject to Subsection (d), by referring the
23012322 property owner or the agent of the owner to a secure Internet
23022323 website with user registration and authentication or to the exact
23032324 Internet location or uniform resource locator (URL) address on an
23042325 Internet website maintained by the appraisal district on which the
23052326 requested information is identifiable and readily available.
23062327 (d) If a chief appraiser provides a property owner or the
2307- designated agent of the owner information under Subsection (c)(3),
2308- the notice must contain a statement in a conspicuous font that
2309- clearly indicates that the property owner or the agent of the owner
2310- may on request receive the information by regular first-class mail
2311- or in person at the appraisal office. On request by a property
2312- owner or the agent of the owner, the chief appraiser must provide
2313- the information by regular first-class mail or in person at the
2328+ agent of the owner information under Subsection (c)(3), the notice
2329+ must contain a statement in a conspicuous font that clearly
2330+ indicates that the property owner or the agent of the owner may on
2331+ request receive the information by regular first-class mail or in
2332+ person at the appraisal office. On request by a property owner or
2333+ the agent of the owner, the chief appraiser must provide the
2334+ information by regular first-class mail or in person at the
23142335 appraisal office.
2315- SECTION 50. Section 41.47, Tax Code, is amended by adding
2316- Subsections (c-2) and (f) and amending Subsections (d) and (e) to
2317- read as follows:
2336+ SECTION 54. Section 41.47, Tax Code, is amended by adding
2337+ Subsections (c-2) and (f) and amending Subsection (e) to read as
2338+ follows:
23182339 (c-2) The board may not determine the appraised value of the
23192340 property that is the subject of a protest to be an amount greater
23202341 than the appraised value of the property as shown in the appraisal
23212342 records submitted to the board by the chief appraiser under Section
2322- 25.22 or 25.23. This subsection does not apply if the action being
2323- protested is the cancellation, modification, or denial of an
2324- exemption or the determination that the property does not qualify
2325- for appraisal as provided by Subchapter C, D, E, or H, Chapter 23.
2326- (d) The board shall deliver by certified mail:
2327- (1) a notice of issuance of the order and a copy of the
2328- order to the property owner and the chief appraiser; and
2329- (2) a copy of the appraisal review board survey form
2330- prepared under Section 5.104 and instructions for completing and
2331- submitting the form to the property owner.
2343+ 25.22 or 25.23.
23322344 (e) The notice of the issuance of the order must contain a
23332345 prominently printed statement in upper-case bold lettering
23342346 informing the property owner in clear and concise language of the
23352347 property owner's right to appeal the order of the board [board's
23362348 decision] to district court. The statement must describe the
23372349 deadline prescribed by Section 42.06(a) [of this code] for filing a
23382350 written notice of appeal[,] and the deadline prescribed by Section
23392351 42.21(a) [of this code] for filing the petition for review with the
23402352 district court.
23412353 (f) The appraisal review board shall take the actions
2342- required by Subsections (a) and (d) not later than:
2343- (1) the 30th day after the date the hearing on the
2344- protest is concluded, if the board is established for an appraisal
2345- district located in a county with a population of less than four
2346- million; or
2347- (2) the 45th day after the date the hearing on the
2348- protest is concluded, if the board is established for an appraisal
2349- district located in a county with a population of four million or
2350- more.
2351- SECTION 51. Section 41.66, Tax Code, is amended by amending
2354+ required by Subsections (a) and (d) not later than the 15th day
2355+ after the date the hearing on the protest is concluded.
2356+ SECTION 55. Section 41.66, Tax Code, is amended by amending
23522357 Subsections (h), (i), (j), and (k) and adding Subsections (j-1),
23532358 (k-1), and (p) to read as follows:
23542359 (h) The appraisal review board shall postpone a hearing on a
23552360 protest if the property owner or the designated agent of the owner
23562361 requests additional time to prepare for the hearing and establishes
23572362 to the board that the chief appraiser failed to comply with Section
23582363 41.461. The board is not required to postpone a hearing more than
23592364 one time under this subsection.
23602365 (i) A hearing on a protest filed by a property owner or the
23612366 designated agent of the owner [who is not represented by an agent
23622367 designated under Section 1.111] shall be set for a time and date
23632368 certain. If the hearing is not commenced within two hours of the
23642369 time set for the hearing, the appraisal review board shall postpone
23652370 the hearing on the request of the property owner or the designated
23662371 agent of the owner.
23672372 (j) On the request of a property owner or the [a] designated
23682373 agent of the owner, an appraisal review board shall schedule
23692374 hearings on protests concerning up to 20 designated properties to
23702375 be held consecutively on the same day. The designated properties
23712376 must be identified in the same notice of protest, and the notice
23722377 must contain in boldfaced type the statement "request for same-day
23732378 protest hearings." A property owner or the designated agent of the
23742379 owner may [not] file more than one request under this subsection
23752380 with the appraisal review board in the same tax year. The appraisal
23762381 review board may schedule hearings on protests concerning more than
23772382 20 properties filed by the same property owner or the designated
23782383 agent of the owner and may use different panels to conduct the
23792384 hearings based on the board's customary scheduling. The appraisal
23802385 review board may follow the practices customarily used by the board
23812386 in the scheduling of hearings under this subsection.
23822387 (j-1) An appraisal review board may schedule the hearings on
23832388 all protests filed by a property owner or the designated agent of
23842389 the owner to be held consecutively. The notice of the hearings must
23852390 state the date and time that the first hearing will begin, state the
23862391 date the last hearing will end, and list the order in which the
23872392 hearings will be held. The order of the hearings listed in the
23882393 notice may not be changed without the agreement of the property
23892394 owner or the designated agent of the owner, the chief appraiser, and
23902395 the appraisal review board. The board may not reschedule a hearing
23912396 for which notice is given under this subsection to a date earlier
23922397 than the seventh day after the date the last hearing was scheduled
23932398 to end unless agreed to by the property owner or the designated
23942399 agent of the owner, the chief appraiser, and the appraisal review
23952400 board. Unless agreed to by the parties, the board must provide
23962401 written notice of the date and time of the rescheduled hearing to
23972402 the property owner or the designated agent of the owner not later
23982403 than the seventh day before the date of the hearing.
23992404 (k) This subsection does not apply to a special panel
24002405 established under Section 6.425. If an appraisal review board sits
24012406 in panels to conduct protest hearings, protests shall be randomly
24022407 assigned to panels, except that the board may consider the type of
24032408 property subject to the protest or the ground of the protest for the
24042409 purpose of using the expertise of a particular panel in hearing
24052410 protests regarding particular types of property or based on
24062411 particular grounds. If a protest is scheduled to be heard by a
24072412 particular panel, the protest may not be reassigned to another
24082413 panel without the consent of the property owner or the designated
24092414 agent of the owner. If the appraisal review board has cause to
24102415 reassign a protest to another panel, a property owner or the
24112416 designated agent of the owner may agree to reassignment of the
24122417 protest or may request that the hearing on the protest be postponed.
24132418 The board shall postpone the hearing on that request. A change of
24142419 members of a panel because of a conflict of interest, illness, or
24152420 inability to continue participating in hearings for the remainder
24162421 of the day does not constitute reassignment of a protest to another
24172422 panel.
24182423 (k-1) On the request of a property owner or the designated
24192424 agent of the owner, an appraisal review board to which Section 6.425
24202425 applies shall assign a protest relating to property described by
24212426 Section 6.425(b) to a special panel. In addition, the chairman of
24222427 the appraisal review board may assign a protest relating to
24232428 property not described by Section 6.425(b) to a special panel as
2424- authorized by Section 6.425(f), but only if the assignment is
2425- requested or consented to by the property owner or the designated
2426- agent of the owner. Protests assigned to special panels shall be
2427- randomly assigned to those panels. If a protest is scheduled to be
2428- heard by a particular special panel, the protest may not be
2429- reassigned to another special panel without the consent of the
2430- property owner or the designated agent of the owner. If the board
2431- has cause to reassign a protest to another special panel, a property
2432- owner or the designated agent of the owner may agree to reassignment
2433- of the protest or may request that the hearing on the protest be
2434- postponed. The board shall postpone the hearing on that request. A
2435- change of members of a special panel because of a conflict of
2436- interest, illness, or inability to continue participating in
2437- hearings for the remainder of the day does not constitute
2438- reassignment of a protest to another special panel.
2429+ authorized by Section 6.425(f). Protests assigned to special
2430+ panels shall be randomly assigned to those panels. If a protest is
2431+ scheduled to be heard by a particular special panel, the protest may
2432+ not be reassigned to another special panel without the consent of
2433+ the property owner or the designated agent of the owner. If the
2434+ board has cause to reassign a protest to another special panel, a
2435+ property owner or the designated agent of the owner may agree to
2436+ reassignment of the protest or may request that the hearing on the
2437+ protest be postponed. The board shall postpone the hearing on that
2438+ request. A change of members of a special panel because of a
2439+ conflict of interest, illness, or inability to continue
2440+ participating in hearings for the remainder of the day does not
2441+ constitute reassignment of a protest to another special panel.
24392442 (p) At the end of a hearing on a protest, the appraisal
24402443 review board shall provide the property owner or the designated
24412444 agent of the owner one or more documents indicating that the members
24422445 of the board hearing the protest signed the affidavit required by
24432446 Subsection (g).
2444- SECTION 52. Section 41.67(d), Tax Code, is amended to read
2447+ SECTION 56. Section 41.67(d), Tax Code, is amended to read
24452448 as follows:
24462449 (d) Information that was previously requested under Section
24472450 41.461 by the protesting party that was not delivered [made
24482451 available] to the protesting party at least 14 days before the
24492452 scheduled or postponed hearing may not be used or offered in any
24502453 form as evidence in the hearing, including as a document or through
2451- argument or testimony. This subsection does not apply to
2452- information offered to rebut evidence or argument presented at the
2453- hearing by the protesting party or that party's designated agent.
2454- SECTION 53. Section 41.71, Tax Code, is amended to read as
2454+ argument or testimony.
2455+ SECTION 57. Section 41.71, Tax Code, is amended to read as
24552456 follows:
24562457 Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An
24572458 appraisal review board by rule shall provide for hearings on
24582459 protests [in the evening or] on a Saturday or after 5 p.m. on a
24592460 weekday [Sunday].
24602461 (b) The board may not schedule:
24612462 (1) the first hearing on a protest held on a weekday
24622463 evening to begin after 7 p.m.; or
24632464 (2) a hearing on a protest on a Sunday.
2464- SECTION 54. Section 41A.06(b), Tax Code, is amended to read
2465+ SECTION 58. Section 41A.06(b), Tax Code, is amended to read
24652466 as follows:
24662467 (b) To initially qualify to serve as an arbitrator under
24672468 this chapter, a person must:
24682469 (1) meet the following requirements, as applicable:
24692470 (A) be licensed as an attorney in this state; or
24702471 (B) have:
24712472 (i) completed at least 30 hours of training
24722473 in arbitration and alternative dispute resolution procedures from a
24732474 university, college, or legal or real estate trade association; and
24742475 (ii) been licensed or certified
24752476 continuously during the five years preceding the date the person
24762477 agrees to serve as an arbitrator as:
24772478 (a) a real estate broker or sales
24782479 agent under Chapter 1101, Occupations Code;
24792480 (b) a real estate appraiser under
24802481 Chapter 1103, Occupations Code; or
24812482 (c) a certified public accountant
24822483 under Chapter 901, Occupations Code; [and]
2483- (2) complete the courses for training and education of
2484- appraisal review board members established under Sections 5.041(a)
2485- and (e-1) and be issued a certificate for each course indicating
2486- course completion;
2484+ (2) complete the course for training and education of
2485+ appraisal review board members established under Section 5.041 and
2486+ be issued a certificate indicating course completion;
24872487 (3) complete the training program on property tax law
24882488 for the training and education of arbitrators established under
24892489 Section 5.043; and
24902490 (4) agree to conduct an arbitration for a fee that is
24912491 not more than:
24922492 (A) $400, if the property qualifies as the
24932493 owner's residence homestead under Section 11.13 and the appraised
24942494 or market value, as applicable, of the property is $500,000 or less,
24952495 as determined by the order;
24962496 (B) $450, if the property qualifies as the
24972497 owner's residence homestead under Section 11.13 and the appraised
24982498 or market value, as applicable, of the property is more than
24992499 $500,000, as determined by the order;
25002500 (C) $450, if the property does not qualify as the
25012501 owner's residence homestead under Section 11.13 and the appraised
25022502 or market value, as applicable, of the property is $1 million or
25032503 less, as determined by the order;
25042504 (D) $750, if the property does not qualify as the
25052505 owner's residence homestead under Section 11.13 and the appraised
25062506 or market value, as applicable, of the property is more than $1
25072507 million but not more than $2 million, as determined by the order;
25082508 (E) $1,000, if the property does not qualify as
25092509 the owner's residence homestead under Section 11.13 and the
25102510 appraised or market value, as applicable, of the property is more
25112511 than $2 million but not more than $3 million, as determined by the
25122512 order; or
25132513 (F) $1,500, if the property does not qualify as
25142514 the owner's residence homestead under Section 11.13 and the
25152515 appraised or market value, as applicable, of the property is more
25162516 than $3 million but not more than $5 million, as determined by the
25172517 order.
2518- SECTION 55. Sections 41A.061(b) and (c), Tax Code, are
2519- amended to read as follows:
2518+ SECTION 59. Section 41A.061(b), Tax Code, is amended to
2519+ read as follows:
25202520 (b) To renew the person's agreement to serve as an
25212521 arbitrator, the person must:
25222522 (1) file a renewal application with the comptroller at
25232523 the time and in the manner prescribed by the comptroller;
25242524 (2) continue to meet the requirements provided by
25252525 Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; and
25262526 (3) during the preceding two years have completed at
25272527 least eight hours of continuing education in arbitration and
25282528 alternative dispute resolution procedures offered by a university,
25292529 college, real estate trade association, or legal association.
2530- (c) The comptroller shall remove a person from the registry
2531- if:
2532- (1) the person fails or declines to renew the person's
2533- agreement to serve as an arbitrator in the manner required by this
2534- section; [or]
2535- (2) the comptroller determines by clear and convincing
2536- evidence that there is good cause to remove the person from the
2537- registry, including evidence of repeated bias or misconduct by the
2538- person while acting as an arbitrator; or
2539- (3) the person fails to complete a revised training
2540- program on property tax law for the training and education of
2541- arbitrators established under Section 5.043 not later than the
2542- 120th day after the date the program is available to be taken if the
2543- comptroller:
2544- (A) revises the program after the person is
2545- included in the registry; and
2546- (B) certifies that the program is substantially
2547- revised.
2548- SECTION 56. Section 41A.07, Tax Code, is amended by
2530+ SECTION 60. Section 41A.07, Tax Code, is amended by
25492531 amending Subsections (e), (f), and (g) and adding Subsection (h) to
25502532 read as follows:
25512533 (e) To be eligible for appointment as an arbitrator under
25522534 this section [Subsection (a)], the arbitrator must reside[:
25532535 [(1) in the county in which the property that is the
25542536 subject of the appeal is located; or
25552537 [(2)] in this state [if no available arbitrator on the
25562538 registry resides in that county].
25572539 (f) A person is not eligible for appointment as an
25582540 arbitrator under this section [Subsection (a)] if at any time
25592541 during the preceding five years, the person has:
25602542 (1) represented a person for compensation in a
25612543 proceeding under this title in the appraisal district in which the
25622544 property that is the subject of the appeal is located;
25632545 (2) served as an officer or employee of that appraisal
25642546 district; or
25652547 (3) served as a member of the appraisal review board
25662548 for that appraisal district.
25672549 (g) The comptroller may not appoint an arbitrator under this
25682550 section [Subsection (a)] if the comptroller determines that there
25692551 is good cause not to appoint the arbitrator, including information
25702552 or evidence indicating repeated bias or misconduct by the person
25712553 while acting as an arbitrator.
25722554 (h) A property owner may request that, in appointing an
25732555 initial arbitrator under this section, the comptroller appoint an
25742556 arbitrator who resides in the county in which the property that is
25752557 the subject of the appeal is located or an arbitrator who resides
25762558 outside that county. In appointing an initial arbitrator under
25772559 Subsection (a), the comptroller shall comply with the request of
25782560 the property owner unless the property owner requests that the
25792561 comptroller appoint an arbitrator who resides in the county in
25802562 which the property that is the subject of the appeal is located and
25812563 there is not an available arbitrator who resides in that county. In
25822564 appointing a substitute arbitrator under Subsection (d), the
25832565 comptroller shall consider but is not required to comply with the
25842566 request of the property owner. This subsection does not authorize a
25852567 property owner to request the appointment of a specific individual
25862568 as an arbitrator.
2587- SECTION 57. Section 41A.09(b), Tax Code, is amended to read
2569+ SECTION 61. Section 41A.09(b), Tax Code, is amended to read
25882570 as follows:
25892571 (b) An award under this section:
25902572 (1) must include a determination of the appraised or
25912573 market value, as applicable, of the property that is the subject of
25922574 the appeal;
25932575 (2) may include any remedy or relief a court may order
25942576 under Chapter 42 in an appeal relating to the appraised or market
25952577 value of property;
25962578 (3) shall specify the arbitrator's fee, which may not
25972579 exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)];
25982580 (4) is final and may not be appealed except as
25992581 permitted under Section 171.088, Civil Practice and Remedies Code,
26002582 for an award subject to that section; and
26012583 (5) may be enforced in the manner provided by
26022584 Subchapter D, Chapter 171, Civil Practice and Remedies Code.
2603- SECTION 58. Section 45.105(e), Education Code, is amended
2585+ SECTION 62. Section 45.105(e), Education Code, is amended
26042586 to read as follows:
26052587 (e) The governing body of an independent school district
26062588 that governs a junior college district under Subchapter B, Chapter
26072589 130, in a county with a population of more than two million may
26082590 dedicate a specific percentage of the local tax levy to the use of
26092591 the junior college district for facilities and equipment or for the
26102592 maintenance and operating expenses of the junior college district.
26112593 To be effective, the dedication must be made by the governing body
26122594 on or before the date on which the governing body adopts its tax
26132595 rate for a year. The amount of local tax funds derived from the
26142596 percentage of the local tax levy dedicated to a junior college
26152597 district from a tax levy may not exceed the amount that would be
26162598 levied by five percent of the no-new-revenue [effective] tax rate
26172599 for the tax year calculated as provided by Section 26.04, Tax Code,
26182600 on all property taxable by the school district. All real property
26192601 purchased with these funds is the property of the school district,
26202602 but is subject to the exclusive control of the governing body of the
26212603 junior college district for as long as the junior college district
26222604 uses the property for educational purposes.
2623- SECTION 59. Section 403.302, Government Code, is amended by
2624- adding Subsections (k) and (k-1) and amending Subsection (o) to
2625- read as follows:
2626- (k) If the comptroller determines in the study that the
2627- school district's local value as determined by the appraisal
2628- district that appraises property for the school district is not
2629- valid, the comptroller shall provide notice of the comptroller's
2630- determination to the board of directors of the appraisal district.
2631- The board of directors of the appraisal district shall hold a public
2632- meeting to discuss the receipt of notice under this subsection.
2633- (k-1) If the comptroller determines in the study that the
2634- school district's local value as determined by the appraisal
2635- district that appraises property for the school district is not
2636- valid for three consecutive years, the comptroller shall conduct an
2637- additional review of the appraisal district under Section 5.102,
2638- Tax Code, and provide recommendations to the appraisal district.
2639- The comptroller may contract with a third party to assist the
2640- comptroller in conducting the additional review and providing the
2641- recommendations required under this subsection. If the appraisal
2642- district fails to comply with the recommendations provided under
2643- this subsection and the comptroller finds that the board of
2644- directors of the appraisal district failed to take remedial action
2645- reasonably designed to ensure substantial compliance with each
2646- recommendation before the first anniversary of the date the
2647- recommendations were made, the comptroller shall notify the Texas
2648- Department of Licensing and Regulation, or a successor to the
2649- department, which shall take action necessary to ensure that the
2650- recommendations are implemented as soon as practicable. Before
2651- February 1 of the year following the year in which the Texas
2652- Department of Licensing and Regulation, or a successor to the
2653- department, takes action under this subsection, the department,
2654- with the assistance of the comptroller, shall determine whether the
2655- recommendations have been substantially implemented and notify the
2656- board of directors of the appraisal district of the determination.
2657- If the department determines that the recommendations have not been
2658- substantially implemented, the board of directors of the appraisal
2659- district must, within three months of the determination, consider
2660- whether the failure to implement the recommendations was under the
2661- current chief appraiser's control and whether the chief appraiser
2662- is able to adequately perform the chief appraiser's duties.
2605+ SECTION 63. Section 130.016(b), Education Code, is amended
2606+ to read as follows:
2607+ (b) If the board of trustees of an independent school
2608+ district that divests itself of the management, control, and
2609+ operation of a junior college district under this section or under
2610+ Section 130.017 [of this code] was authorized by [Subsection (e)
2611+ of] Section 45.105(e) or under former Section 20.48(e) [20.48 of
2612+ this code] to dedicate a portion of its tax levy to the junior
2613+ college district before the divestment, the junior college district
2614+ may levy an ad valorem tax from and after the divestment. In the
2615+ first two years in which the junior college district levies an ad
2616+ valorem tax, the tax rate adopted by the governing body may not
2617+ exceed the rate that, if applied to the total taxable value
2618+ submitted to the governing body under Section 26.04, Tax Code,
2619+ would impose an amount equal to the amount of taxes of the school
2620+ district dedicated to the junior college under [Subsection (e) of]
2621+ Section 45.105(e) or former Section 20.48(e) [20.48 of this code]
2622+ in the last dedication before the divestment. In subsequent years,
2623+ the tax rate of the junior college district is subject to Section
2624+ 26.08 [26.07], Tax Code.
2625+ SECTION 64. Section 403.302(o), Government Code, is amended
2626+ to read as follows:
26632627 (o) The comptroller shall adopt rules governing the conduct
26642628 of the study after consultation with the comptroller's property tax
26652629 administration advisory board [Comptroller's Property Value Study
26662630 Advisory Committee].
2667- SECTION 60. Section 102.007(d), Local Government Code, is
2631+ SECTION 65. Sections 281.124(d) and (e), Health and Safety
2632+ Code, are amended to read as follows:
2633+ (d) If a majority of the votes cast in the election favor the
2634+ proposition, the tax rate for the specified tax year is the rate
2635+ approved by the voters, and that rate is not subject to [a rollback
2636+ election under] Section 26.08 [26.07], Tax Code. The board shall
2637+ adopt the tax rate as provided by Chapter 26, Tax Code.
2638+ (e) If the proposition is not approved as provided by
2639+ Subsection (d) [(c)], the board may not adopt a tax rate for the
2640+ district for the specified tax year that exceeds the rate that was
2641+ not approved, and Section 26.08 [26.07], Tax Code, applies to the
2642+ adopted rate if that rate exceeds the district's rollback tax rate.
2643+ SECTION 66. Section 102.007(d), Local Government Code, is
26682644 amended to read as follows:
26692645 (d) An adopted budget must contain a cover page that
26702646 includes:
26712647 (1) one of the following statements in 18-point or
26722648 larger type that accurately describes the adopted budget:
26732649 (A) "This budget will raise more revenue from
26742650 property taxes than last year's budget by an amount of (insert total
26752651 dollar amount of increase), which is a (insert percentage increase)
26762652 percent increase from last year's budget. The property tax revenue
26772653 to be raised from new property added to the tax roll this year is
26782654 (insert amount computed by multiplying the proposed tax rate by the
26792655 value of new property added to the roll).";
26802656 (B) "This budget will raise less revenue from
26812657 property taxes than last year's budget by an amount of (insert total
26822658 dollar amount of decrease), which is a (insert percentage decrease)
26832659 percent decrease from last year's budget. The property tax revenue
26842660 to be raised from new property added to the tax roll this year is
26852661 (insert amount computed by multiplying the proposed tax rate by the
26862662 value of new property added to the roll)."; or
26872663 (C) "This budget will raise the same amount of
26882664 revenue from property taxes as last year's budget. The property tax
26892665 revenue to be raised from new property added to the tax roll this
26902666 year is (insert amount computed by multiplying the proposed tax
26912667 rate by the value of new property added to the roll).";
26922668 (2) the record vote of each member of the governing
26932669 body by name voting on the adoption of the budget;
26942670 (3) the municipal property tax rates for the preceding
26952671 fiscal year, and each municipal property tax rate that has been
26962672 adopted or calculated for the current fiscal year, including:
26972673 (A) the property tax rate;
26982674 (B) the no-new-revenue [effective] tax rate;
26992675 (C) the no-new-revenue [effective] maintenance
27002676 and operations tax rate;
27012677 (D) the rollback tax rate; and
27022678 (E) the debt rate; and
27032679 (4) the total amount of municipal debt obligations.
2704- SECTION 61. Section 111.008(d), Local Government Code, is
2680+ SECTION 67. Section 111.008(d), Local Government Code, is
27052681 amended to read as follows:
27062682 (d) An adopted budget must contain a cover page that
27072683 includes:
27082684 (1) one of the following statements in 18-point or
27092685 larger type that accurately describes the adopted budget:
27102686 (A) "This budget will raise more revenue from
27112687 property taxes than last year's budget by an amount of (insert total
27122688 dollar amount of increase), which is a (insert percentage increase)
27132689 percent increase from last year's budget. The property tax revenue
27142690 to be raised from new property added to the tax roll this year is
27152691 (insert amount computed by multiplying the proposed tax rate by the
27162692 value of new property added to the roll).";
27172693 (B) "This budget will raise less revenue from
27182694 property taxes than last year's budget by an amount of (insert total
27192695 dollar amount of decrease), which is a (insert percentage decrease)
27202696 percent decrease from last year's budget. The property tax revenue
27212697 to be raised from new property added to the tax roll this year is
27222698 (insert amount computed by multiplying the proposed tax rate by the
27232699 value of new property added to the roll)."; or
27242700 (C) "This budget will raise the same amount of
27252701 revenue from property taxes as last year's budget. The property tax
27262702 revenue to be raised from new property added to the tax roll this
27272703 year is (insert amount computed by multiplying the proposed tax
27282704 rate by the value of new property added to the roll).";
27292705 (2) the record vote of each member of the
27302706 commissioners court by name voting on the adoption of the budget;
27312707 (3) the county property tax rates for the preceding
27322708 fiscal year, and each county property tax rate that has been adopted
27332709 or calculated for the current fiscal year, including:
27342710 (A) the property tax rate;
27352711 (B) the no-new-revenue [effective] tax rate;
27362712 (C) the no-new-revenue [effective] maintenance
27372713 and operations tax rate;
27382714 (D) the rollback tax rate; and
27392715 (E) the debt rate; and
27402716 (4) the total amount of county debt obligations.
2741- SECTION 62. Section 111.039(d), Local Government Code, is
2717+ SECTION 68. Section 111.039(d), Local Government Code, is
27422718 amended to read as follows:
27432719 (d) An adopted budget must contain a cover page that
27442720 includes:
27452721 (1) one of the following statements in 18-point or
27462722 larger type that accurately describes the adopted budget:
27472723 (A) "This budget will raise more revenue from
27482724 property taxes than last year's budget by an amount of (insert total
27492725 dollar amount of increase), which is a (insert percentage increase)
27502726 percent increase from last year's budget. The property tax revenue
27512727 to be raised from new property added to the tax roll this year is
27522728 (insert amount computed by multiplying the proposed tax rate by the
27532729 value of new property added to the roll).";
27542730 (B) "This budget will raise less revenue from
27552731 property taxes than last year's budget by an amount of (insert total
27562732 dollar amount of decrease), which is a (insert percentage decrease)
27572733 percent decrease from last year's budget. The property tax revenue
27582734 to be raised from new property added to the tax roll this year is
27592735 (insert amount computed by multiplying the proposed tax rate by the
27602736 value of new property added to the roll)."; or
27612737 (C) "This budget will raise the same amount of
27622738 revenue from property taxes as last year's budget. The property tax
27632739 revenue to be raised from new property added to the tax roll this
27642740 year is (insert amount computed by multiplying the proposed tax
27652741 rate by the value of new property added to the roll).";
27662742 (2) the record vote of each member of the
27672743 commissioners court by name voting on the adoption of the budget;
27682744 (3) the county property tax rates for the preceding
27692745 fiscal year, and each county property tax rate that has been adopted
27702746 or calculated for the current fiscal year, including:
27712747 (A) the property tax rate;
27722748 (B) the no-new-revenue [effective] tax rate;
27732749 (C) the no-new-revenue [effective] maintenance
27742750 and operations tax rate;
27752751 (D) the rollback tax rate; and
27762752 (E) the debt rate; and
27772753 (4) the total amount of county debt obligations.
2778- SECTION 63. Section 111.068(c), Local Government Code, is
2754+ SECTION 69. Section 111.068(c), Local Government Code, is
27792755 amended to read as follows:
27802756 (c) An adopted budget must contain a cover page that
27812757 includes:
27822758 (1) one of the following statements in 18-point or
27832759 larger type that accurately describes the adopted budget:
27842760 (A) "This budget will raise more revenue from
27852761 property taxes than last year's budget by an amount of (insert total
27862762 dollar amount of increase), which is a (insert percentage increase)
27872763 percent increase from last year's budget. The property tax revenue
27882764 to be raised from new property added to the tax roll this year is
27892765 (insert amount computed by multiplying the proposed tax rate by the
27902766 value of new property added to the roll).";
27912767 (B) "This budget will raise less revenue from
27922768 property taxes than last year's budget by an amount of (insert total
27932769 dollar amount of decrease), which is a (insert percentage decrease)
27942770 percent decrease from last year's budget. The property tax revenue
27952771 to be raised from new property added to the tax roll this year is
27962772 (insert amount computed by multiplying the proposed tax rate by the
27972773 value of new property added to the roll)."; or
27982774 (C) "This budget will raise the same amount of
27992775 revenue from property taxes as last year's budget. The property tax
28002776 revenue to be raised from new property added to the tax roll this
28012777 year is (insert amount computed by multiplying the proposed tax
28022778 rate by the value of new property added to the roll).";
28032779 (2) the record vote of each member of the
28042780 commissioners court by name voting on the adoption of the budget;
28052781 (3) the county property tax rates for the preceding
28062782 fiscal year, and each county property tax rate that has been adopted
28072783 or calculated for the current fiscal year, including:
28082784 (A) the property tax rate;
28092785 (B) the no-new-revenue [effective] tax rate;
28102786 (C) the no-new-revenue [effective] maintenance
28112787 and operations tax rate;
28122788 (D) the rollback tax rate; and
28132789 (E) the debt rate; and
28142790 (4) the total amount of county debt obligations.
2815- SECTION 64. Section 1101.254(f), Special District Local
2791+ SECTION 70. Section 1101.254(f), Special District Local
28162792 Laws Code, is amended to read as follows:
28172793 (f) This section does not affect the applicability of [any
28182794 rights district voters may have to petition for an election under]
2819- Section 26.07, Tax Code, to the district's tax rate, except that if
2820- district voters approve a tax rate increase under this section,
2821- [the voters may not petition for an election under] Section 26.07,
2822- Tax Code, does not apply [as] to the tax rate for that year.
2823- SECTION 65. Sections 1122.2522 and 8876.152, Special
2824- District Local Laws Code, are amended to read as follows:
2795+ Section 26.08 [26.07], Tax Code, to the district's tax rate, except
2796+ that if district voters approve a tax rate increase under this
2797+ section, [the voters may not petition for an election under]
2798+ Section 26.08 [26.07], Tax Code, does not apply [as] to the tax rate
2799+ for that year.
2800+ SECTION 71. Sections 1122.2522, 3828.157, and 8876.152,
2801+ Special District Local Laws Code, are amended to read as follows:
28252802 Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE.
28262803 [(a)] If in any year the board adopts a tax rate that exceeds the
28272804 rollback tax rate calculated as provided by Chapter 26, Tax Code,
28282805 [the qualified voters of the district by petition may require that]
2829- an election under Section 26.07 of that code must be held to
2806+ an election under Section 26.08 of that code must be held to
28302807 determine whether or not to approve [reduce] the tax rate adopted by
28312808 the board for that year [to the rollback tax rate].
28322809 [(b) To the extent a conflict exists between this section
28332810 and a provision of the Tax Code, the provision of the Tax Code
28342811 prevails.]
2812+ Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
2813+ PROVISIONS. Sections 26.04, 26.05, and 26.08 [26.07], Tax Code, do
2814+ not apply to a tax imposed under Section 3828.153 or 3828.156.
28352815 Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
2836- (a) Sections 26.04, 26.05, 26.06, 26.061, and 26.07, Tax Code, do
2837- not apply to a tax imposed by the district.
2816+ (a) Sections 26.04, 26.05, 26.06, 26.061, and 26.08 [26.07], Tax
2817+ Code, do not apply to a tax imposed by the district.
28382818 (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236],
28392819 Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
28402820 78th Legislature, Regular Session, 2003, applies] to the district.
2841- SECTION 66. Section 49.107(g), Water Code, is amended to
2821+ SECTION 72. Section 49.107(g), Water Code, is amended to
28422822 read as follows:
2843- (g) Sections 26.04, 26.05, 26.061, and 26.07, Tax Code, do
2844- not apply to a tax levied and collected under this section or an ad
2845- valorem tax levied and collected for the payment of the interest on
2846- and principal of bonds issued by a district.
2847- SECTION 67. Section 49.108(f), Water Code, is amended to
2823+ (g) Sections 26.04, 26.05, 26.061, and 26.08 [26.07], Tax
2824+ Code, do not apply to a tax levied and collected under this section
2825+ or an ad valorem tax levied and collected for the payment of the
2826+ interest on and principal of bonds issued by a district.
2827+ SECTION 73. Section 49.108(f), Water Code, is amended to
28482828 read as follows:
2849- (f) Sections 26.04, 26.05, 26.061, and 26.07, Tax Code, do
2850- not apply to a tax levied and collected for payments made under a
2851- contract approved in accordance with this section.
2852- SECTION 68. Sections 49.236(a) and (d), Water Code, as
2829+ (f) Sections 26.04, 26.05, 26.061, and 26.08 [26.07], Tax
2830+ Code, do not apply to a tax levied and collected for payments made
2831+ under a contract approved in accordance with this section.
2832+ SECTION 74. Sections 49.236(a) and (d), Water Code, as
28532833 added by Chapter 335 (S.B. 392), Acts of the 78th Legislature,
28542834 Regular Session, 2003, are amended to read as follows:
28552835 (a) Before the board adopts an ad valorem tax rate for the
28562836 district for debt service, operation and maintenance purposes, or
28572837 contract purposes, the board shall give notice of each meeting of
28582838 the board at which the adoption of a tax rate will be considered.
28592839 The notice must:
28602840 (1) contain a statement in substantially the following
28612841 form:
28622842 "NOTICE OF PUBLIC HEARING ON TAX RATE
28632843 "The (name of the district) will hold a public hearing on a
28642844 proposed tax rate for the tax year (year of tax levy) on (date and
28652845 time) at (meeting place). Your individual taxes may increase at a
28662846 greater or lesser rate, or even decrease, depending on the tax rate
28672847 that is adopted and on the change in the taxable value of your
28682848 property in relation to the change in taxable value of all other
28692849 property [and the tax rate that is adopted]. The change in the
28702850 taxable value of your property in relation to the change in the
28712851 taxable value of all other property determines the distribution of
28722852 the tax burden among all property owners.
28732853 "(Names of all board members and, if a vote was taken, an
28742854 indication of how each voted on the proposed tax rate and an
28752855 indication of any absences.)";
28762856 (2) contain the following information:
28772857 (A) the district's total adopted tax rate for the
28782858 preceding year and the proposed tax rate, expressed as an amount per
28792859 $100;
28802860 (B) the difference, expressed as an amount per
28812861 $100 and as a percent increase or decrease, as applicable, in the
28822862 proposed tax rate compared to the adopted tax rate for the preceding
28832863 year;
28842864 (C) the average appraised value of a residence
28852865 homestead in the district in the preceding year and in the current
28862866 year; the district's total homestead exemption, other than an
28872867 exemption available only to disabled persons or persons 65 years of
28882868 age or older, applicable to that appraised value in each of those
28892869 years; and the average taxable value of a residence homestead in the
28902870 district in each of those years, disregarding any homestead
28912871 exemption available only to disabled persons or persons 65 years of
28922872 age or older;
28932873 (D) the amount of tax that would have been
28942874 imposed by the district in the preceding year on a residence
28952875 homestead appraised at the average appraised value of a residence
28962876 homestead in that year, disregarding any homestead exemption
28972877 available only to disabled persons or persons 65 years of age or
28982878 older;
28992879 (E) the amount of tax that would be imposed by the
29002880 district in the current year on a residence homestead appraised at
29012881 the average appraised value of a residence homestead in that year,
29022882 disregarding any homestead exemption available only to disabled
29032883 persons or persons 65 years of age or older, if the proposed tax
29042884 rate is adopted; [and]
29052885 (F) the difference between the amounts of tax
29062886 calculated under Paragraphs (D) and (E), expressed in dollars and
29072887 cents and described as the annual percentage increase or decrease,
29082888 as applicable, in the tax to be imposed by the district on the
29092889 average residence homestead in the district in the current year if
29102890 the proposed tax rate is adopted; and
29112891 (G) if the proposed combined debt service,
29122892 operation and maintenance, and contract tax rate exceeds the
29132893 rollback tax rate, a description of the purpose of the proposed tax
29142894 increase; and
29152895 (3) contain a statement in substantially the following
29162896 form:
29172897 "NOTICE OF VOTE ON TAX RATE [TAXPAYERS' RIGHT TO ROLLBACK ELECTION]
29182898 "If operation and maintenance taxes on the average residence
2919- homestead increase by more than 2.5 [eight] percent, [the qualified
2899+ homestead increase by more than eight percent, [the qualified
29202900 voters of the district by petition may require that] an election
2921- must be held to determine whether to approve [reduce] the operation
2901+ must be held to determine whether to ratify [reduce] the operation
29222902 and maintenance tax rate [to the rollback tax rate] under Section
29232903 49.236(d), Water Code."
29242904 (d) If the governing body of a district adopts a combined
29252905 debt service, operation and maintenance, and contract tax rate that
29262906 exceeds the rollback tax rate, [would impose more than 1.08 times
29272907 the amount of tax imposed by the district in the preceding year on a
29282908 residence homestead appraised at the average appraised value of a
29292909 residence homestead in the district in that year, disregarding any
29302910 homestead exemption available only to disabled persons or persons
29312911 65 years of age or older, the qualified voters of the district by
29322912 petition may require that] an election must be held to determine
2933- whether [or not] to approve [reduce] the tax rate adopted for the
2913+ whether [or not] to ratify [reduce] the tax rate adopted for the
29342914 current year [to the rollback tax rate] in accordance with the
2935- procedures provided by Sections 26.07(b)-(g) [and 26.081], Tax
2936- Code. For purposes of Sections 26.07(b)-(g), Tax Code, and this
2937- section [subsection], the rollback tax rate is the sum of the
2938- following tax rates:
2915+ procedures provided by Sections 26.08(b), (c), and (d)
2916+ [26.07(b)-(g) and 26.081], Tax Code. For purposes of Sections
2917+ 26.08(b), (c), and (d), Tax Code, [26.07(b)-(g)] and this section
2918+ [subsection], the rollback tax rate is the sum of the following tax
2919+ rates:
29392920 (1) the current year's debt service tax rate;
2940- (2) the current year's [and] contract tax rate;
2921+ (2) the current year's [and] contract tax rate; and
29412922 (3) [rates plus] the operation and maintenance tax
2942- rate that would impose 1.025 [1.08] times the amount of the
2943- operation and maintenance tax imposed by the district in the
2944- preceding year on a residence homestead appraised at the average
2945- appraised value of a residence homestead in the district in that
2946- year, disregarding any homestead exemption available only to
2947- disabled persons or persons 65 years of age or older;
2948- (4) the district's revenue enrichment rate, as defined
2949- by Section 26.012, Tax Code; and
2950- (5) the district's unused increment rate, as defined
2951- by Section 26.012, Tax Code.
2952- SECTION 69. The following provisions are repealed:
2923+ rate that would impose 1.08 times the amount of the operation and
2924+ maintenance tax imposed by the district in the preceding year on a
2925+ residence homestead appraised at the average appraised value of a
2926+ residence homestead in the district in that year, disregarding any
2927+ homestead exemption available only to disabled persons or persons
2928+ 65 years of age or older.
2929+ SECTION 75. Section 6B(f), Chapter 1472, Acts of the 77th
2930+ Legislature, Regular Session, 2001, is amended to read as follows:
2931+ (f) The district may provide that payments required by any
2932+ of the district's contracts, agreements, or leases may be payable
2933+ from the sale of notes, taxes, or bonds, or any combination of
2934+ notes, taxes, or bonds, or may be secured by a lien on or a pledge of
2935+ any available funds, including proceeds of the district's
2936+ maintenance tax, and may be payable subject to annual appropriation
2937+ by the district. The district may pledge to impose and may impose a
2938+ maintenance tax in an amount sufficient to comply with the
2939+ district's obligations under the district's contracts, leases, and
2940+ agreements at a maximum aggregate rate not to exceed 10 cents for
2941+ each $100 valuation of taxable property in the district. Sections
2942+ 26.012, 26.04, 26.05, and 26.08 [26.07, and 26.012], Tax Code, do
2943+ not apply to maintenance taxes levied and collected for payments
2944+ under a contract, agreement, lease, time warrant, or maintenance
2945+ note issued or executed under this section.
2946+ SECTION 76. The following provisions are repealed:
29532947 (1) Sections 403.302(m-1) and (n), Government Code;
29542948 (2) Section 140.010, Local Government Code;
29552949 (3) Section 1063.255, Special District Local Laws
29562950 Code;
2957- (4) Sections 5.103(e) and (f), 6.412(e), 22.23(c), and
2958- 41A.06(c), Tax Code;
2951+ (4) Sections 5.103(e) and (f), 6.412(e), 22.23(c),
2952+ 26.07, 26.08(o), and 41A.06(c), Tax Code;
29592953 (5) Section 49.236, Water Code, as added by Chapter
29602954 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session,
29612955 2003; and
29622956 (6) Section 49.2361, Water Code.
2963- SECTION 70. Section 5.041, Tax Code, as amended by this Act,
2957+ SECTION 77. Section 5.041, Tax Code, as amended by this Act,
29642958 applies only to an appraisal review board member appointed to serve
29652959 a term of office that begins on or after January 1, 2020.
2966- SECTION 71. The comptroller of public accounts shall
2960+ SECTION 78. The comptroller of public accounts shall
29672961 implement Section 5.043, Tax Code, as added by this Act, as soon as
29682962 practicable after January 1, 2020.
2969- SECTION 72. Sections 5.05, 5.102, 5.13, and 23.01, Tax
2963+ SECTION 79. Sections 5.05, 5.102, 5.13, and 23.01, Tax
29702964 Code, as amended by this Act, apply only to the appraisal of
29712965 property for ad valorem tax purposes for a tax year beginning on or
29722966 after January 1, 2020.
2973- SECTION 73. (a) The comptroller of public accounts shall
2967+ SECTION 80. (a) The comptroller of public accounts shall
29742968 comply with Sections 5.07(f), (g), (h), and (i), Tax Code, as added
29752969 by this Act, as soon as practicable after January 1, 2020.
29762970 (b) The comptroller of public accounts shall comply with
2977- Section 5.091, Tax Code, as amended by this Act, not later than:
2978- (1) January 1, 2022, with regard to tax rate
2979- information related to a taxing unit located wholly or partly in a
2980- county with a population of 120,000 or more; and
2981- (2) January 1, 2023, with regard to tax rate
2982- information related to a taxing unit located wholly in a county with
2983- a population of less than 120,000.
2984- SECTION 74. The comptroller of public accounts shall
2971+ Section 5.091, Tax Code, as amended by this Act, not later than
2972+ January 1, 2021.
2973+ SECTION 81. The comptroller of public accounts shall
29852974 prepare and make available the survey form and instructions for
29862975 completing and submitting the form required by Section 5.104, Tax
29872976 Code, as added by this Act, as soon as practicable after January 1,
29882977 2020. An appraisal district is not required to provide the survey
29892978 form or instructions under a requirement of that section until the
29902979 form and instructions are prepared and made available by the
29912980 comptroller of public accounts.
2992- SECTION 75. Section 6.41(d-9), Tax Code, as amended by this
2981+ SECTION 82. Section 6.41(d-9), Tax Code, as amended by this
29932982 Act, applies only to the appointment of appraisal review board
29942983 members to terms beginning on or after January 1, 2021.
2995- SECTION 76. Section 6.412, Tax Code, as amended by this Act,
2984+ SECTION 83. Section 6.412, Tax Code, as amended by this Act,
29962985 does not affect the eligibility of a person serving on an appraisal
29972986 review board immediately before January 1, 2020, to continue to
29982987 serve on the board for the term to which the member was appointed.
2999- SECTION 77. Section 6.42(d), Tax Code, as added by this Act,
2988+ SECTION 84. Section 6.42(d), Tax Code, as added by this Act,
30002989 applies only to a recommendation, determination, decision, or other
30012990 action by an appraisal review board or a panel of such a board on or
30022991 after January 1, 2020. A recommendation, determination, decision,
30032992 or other action by an appraisal review board or a panel of such a
30042993 board before January 1, 2020, is governed by the law as it existed
30052994 immediately before that date, and that law is continued in effect
30062995 for that purpose.
3007- SECTION 78. Section 22.23(d), Tax Code, as amended by this
3008- Act, applies only to ad valorem taxes imposed for a tax year
3009- beginning on or after January 1, 2020.
3010- SECTION 79. (a) An appraisal district established in a
2996+ SECTION 85. Sections 11.4391(a) and 22.23, Tax Code, as
2997+ amended by this Act, apply only to ad valorem taxes imposed for a
2998+ tax year beginning on or after January 1, 2020.
2999+ SECTION 86. (a) An appraisal district established in a
30113000 county with a population of 120,000 or more and each taxing unit
30123001 located wholly or partly in such an appraisal district shall comply
30133002 with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18,
30143003 Tax Code, as added by this Act, beginning with the 2021 tax year.
30153004 (b) An appraisal district established in a county with a
30163005 population of less than 120,000 and each taxing unit located wholly
30173006 in such an appraisal district shall comply with Sections
30183007 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as
30193008 added by this Act, beginning with the 2022 tax year.
3020- SECTION 80. (a) Not later than the 30th day after the date
3009+ SECTION 87. (a) Not later than the 30th day after the date
30213010 this section takes effect:
30223011 (1) the designated officer or employee of each taxing
30233012 unit shall submit to the county assessor-collector for each county
30243013 in which all or part of the territory of the taxing unit is located
30253014 the worksheets used by the designated officer or employee to
30263015 calculate the effective and rollback tax rates of the taxing unit
30273016 for the 2015-2019 tax years; and
30283017 (2) the county assessor-collector for each county
30293018 shall post the worksheets submitted to the county
30303019 assessor-collector under Subdivision (1) of this subsection on the
30313020 Internet website of the county.
30323021 (b) This section takes effect immediately if this Act
30333022 receives a vote of two-thirds of all the members elected to each
30343023 house, as provided by Section 39, Article III, Texas Constitution.
30353024 If this Act does not receive the vote necessary for immediate
30363025 effect, this section takes effect on the 91st day after the last day
30373026 of the legislative session.
3038- SECTION 81. A taxing unit that does not own, operate, or
3027+ SECTION 88. A taxing unit that does not own, operate, or
30393028 control an Internet website is not required to comply with Sections
30403029 26.05(b)(2) and 26.065(b), Tax Code, as amended by this Act, until
30413030 the first tax year in which the taxing unit is required by law to
30423031 maintain or have access to an Internet website.
3043- SECTION 82. Section 41.03(a), Tax Code, as amended by this
3032+ SECTION 89. Section 33.08(b), Tax Code, as amended by this
3033+ Act, applies only to taxes that become delinquent on or after
3034+ January 1, 2020. Taxes that become delinquent before that date are
3035+ governed by the law as it existed immediately before that date, and
3036+ that law is continued in effect for that purpose.
3037+ SECTION 90. Section 41.03(a), Tax Code, as amended by this
30443038 Act, applies only to a challenge under Chapter 41, Tax Code, for
30453039 which a challenge petition is filed on or after January 1, 2020. A
30463040 challenge under Chapter 41, Tax Code, for which a challenge
30473041 petition was filed before January 1, 2020, is governed by the law in
30483042 effect on the date the challenge petition was filed, and the former
30493043 law is continued in effect for that purpose.
3050- SECTION 83. Sections 41.45 and 41.66(k), Tax Code, as
3044+ SECTION 91. Sections 41.45 and 41.66(k), Tax Code, as
30513045 amended by this Act, and Section 41.66(k-1), Tax Code, as added by
30523046 this Act, apply only to a protest filed under Chapter 41, Tax Code,
30533047 on or after January 1, 2021. A protest filed under that chapter
30543048 before January 1, 2021, is governed by the law in effect on the date
30553049 the protest was filed, and the former law is continued in effect for
30563050 that purpose.
3057- SECTION 84. Sections 41.46, 41.461, 41.47, 41.66(h), (i),
3051+ SECTION 92. Sections 41.46, 41.461, 41.47, 41.66(h), (i),
30583052 and (j), and 41.67, Tax Code, as amended by this Act, and Sections
30593053 41.66(j-1) and (p), Tax Code, as added by this Act, apply only to a
30603054 protest for which the notice of protest was filed by a property
30613055 owner or the designated agent of the owner with the appraisal review
30623056 board established for an appraisal district on or after January 1,
30633057 2020.
3064- SECTION 85. Section 41.71, Tax Code, as amended by this Act,
3058+ SECTION 93. Section 41.71, Tax Code, as amended by this Act,
30653059 applies only to a hearing on a protest under Chapter 41, Tax Code,
30663060 that is scheduled on or after January 1, 2020. A hearing on a
30673061 protest under Chapter 41, Tax Code, that is scheduled before
30683062 January 1, 2020, is governed by the law in effect on the date the
30693063 hearing was scheduled, and that law is continued in effect for that
30703064 purpose.
3071- SECTION 86. Section 41A.07, Tax Code, as amended by this
3065+ SECTION 94. Section 41A.07, Tax Code, as amended by this
30723066 Act, applies only to a request for binding arbitration received by
30733067 the comptroller of public accounts from an appraisal district on or
30743068 after January 1, 2020.
3075- SECTION 87. (a) A person who immediately before January 1,
3076- 2020, serves as an arbitrator in binding arbitrations of appeals of
3077- appraisal review board orders must meet the requirements of Section
3078- 41A.06(b)(3), Tax Code, as added by this Act, not later than the
3079- 120th day after the date the comptroller of public accounts begins
3080- to provide the training required under Section 5.043, Tax Code, as
3081- added by this Act.
3082- (b) This Act does not prohibit a person who is serving as an
3083- arbitrator on January 1, 2020, from renewing the person's agreement
3084- with the comptroller of public accounts to serve as an arbitrator if
3085- the person has the qualifications required for an arbitrator under
3086- the Tax Code as amended by this Act.
3087- SECTION 88. (a) Not later than the 30th day after the date
3069+ SECTION 95. The changes in law made by this Act in the
3070+ qualifications of persons serving as arbitrators in binding
3071+ arbitrations of appeals of appraisal review board orders do not
3072+ affect the entitlement of a person serving as an arbitrator
3073+ immediately before January 1, 2020, to continue to serve as an
3074+ arbitrator and to conduct hearings on arbitrations until the person
3075+ is required to renew the person's agreement with the comptroller of
3076+ public accounts to serve as an arbitrator. The changes in law apply
3077+ only to a person who initially qualifies to serve as an arbitrator
3078+ or who renews the person's agreement with the comptroller of public
3079+ accounts to serve as an arbitrator on or after January 1, 2020.
3080+ This Act does not prohibit a person who is serving as an arbitrator
3081+ on January 1, 2020, from renewing the person's agreement with the
3082+ comptroller of public accounts to serve as an arbitrator if the
3083+ person has the qualifications required for an arbitrator under the
3084+ Tax Code as amended by this Act.
3085+ SECTION 96. (a) Not later than the 30th day after the date
30883086 this section takes effect, the comptroller of public accounts shall
3089- provide a written notice to each appraisal district of:
3087+ mail a written notice to each appraisal district and the assessor
3088+ for each taxing unit in this state of:
30903089 (1) the deadline for complying with each new
30913090 requirement, duty, or function imposed by this Act on an appraisal
30923091 district or taxing unit; and
30933092 (2) any change made by this Act to the deadline for
30943093 complying with an existing requirement, duty, or function of an
30953094 appraisal district or taxing unit.
3096- (b) As soon as practicable after receipt of the notice
3097- provided by the comptroller of public accounts under Subsection (a)
3098- of this section, the chief appraiser of an appraisal district shall
3099- forward the notice to each assessor for a taxing unit located in the
3100- appraisal district.
3101- (c) This section takes effect immediately if this Act
3095+ (b) This section takes effect immediately if this Act
31023096 receives a vote of two-thirds of all the members elected to each
31033097 house, as provided by Section 39, Article III, Texas Constitution.
31043098 If this Act does not receive the vote necessary for immediate
31053099 effect, this section takes effect on the 91st day after the last day
31063100 of the legislative session.
3107- SECTION 89. (a) Except as otherwise provided by this Act,
3101+ SECTION 97. (a) Except as otherwise provided by this Act,
31083102 this Act takes effect January 1, 2020.
31093103 (b) The following provisions take effect September 1, 2020:
31103104 (1) Sections 6.41(b) and (d-9), Tax Code, as amended
31113105 by this Act;
31123106 (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code,
31133107 as added by this Act;
31143108 (3) Section 6.414(d), Tax Code, as amended by this
31153109 Act;
31163110 (4) Section 6.425, Tax Code, as added by this Act;
31173111 (5) Section 41.44(d), Tax Code, as amended by this
31183112 Act;
31193113 (6) Section 41.45(d), Tax Code, as amended by this
31203114 Act;
31213115 (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code,
31223116 as added by this Act;
31233117 (8) Section 41.66(k), Tax Code, as amended by this
31243118 Act; and
31253119 (9) Section 41.66(k-1), Tax Code, as added by this
31263120 Act.
31273121 (c) The following provisions take effect January 1, 2021:
31283122 (1) Sections 25.19(b-3) and (b-4), Tax Code, as added
31293123 by this Act;
31303124 (2) Sections 26.04(d-1), (d-2), (d-3), (e-2), (e-3),
31313125 (e-4), and (e-5), Tax Code, as added by this Act;
31323126 (3) Sections 26.04(e-1) and (g), Tax Code, as amended
31333127 by this Act;
31343128 (4) Sections 26.05(d-1) and (d-2), Tax Code, as added
31353129 by this Act; and
31363130 (5) Section 26.05(e), Tax Code, as amended by this
31373131 Act.
31383132 (d) Sections 25.19(b) and (i), Tax Code, as amended by this
31393133 Act, take effect January 1, 2022.