13 | 11 | | SECTION 2. Section 1.085(a), Tax Code, is amended to read as |
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14 | 12 | | follows: |
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15 | 13 | | (a) Notwithstanding any other provision in this title and |
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16 | 14 | | except as provided by this section, any notice, rendition, |
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17 | 15 | | application form, or completed application, or information |
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18 | 16 | | requested under Section 41.461(a)(2), that is required or permitted |
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19 | 17 | | by this title to be delivered between a chief appraiser, an |
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20 | 18 | | appraisal district, an appraisal review board, or any combination |
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21 | 19 | | of those persons and a property owner or [between a chief appraiser, |
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22 | 20 | | an appraisal district, an appraisal review board, or any |
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23 | 21 | | combination of those persons and] a person designated by a property |
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24 | 22 | | owner under Section 1.111(f) may be delivered in an electronic |
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25 | 23 | | format if the chief appraiser and the property owner or person |
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26 | 24 | | designated by the owner agree under this section. |
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27 | 25 | | SECTION 3. Chapter 5, Tax Code, is amended by adding Section |
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28 | 26 | | 5.01 to read as follows: |
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29 | 27 | | Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. |
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30 | 28 | | (a) The comptroller shall appoint the property tax administration |
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31 | 29 | | advisory board to advise the comptroller with respect to the |
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32 | 30 | | division or divisions within the office of the comptroller with |
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33 | 31 | | primary responsibility for state administration of property |
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73 | 72 | | (e-1) In addition to the course established under |
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74 | 73 | | Subsection (a), the comptroller shall approve curricula and provide |
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75 | 74 | | materials for use in a continuing education course for members of an |
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76 | 75 | | appraisal review board. The course must provide at least four hours |
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77 | 76 | | of classroom training and education. The curricula and materials |
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78 | 77 | | must include information regarding: |
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79 | 78 | | (1) the cost, income, and market data comparison |
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80 | 79 | | methods of appraising property; |
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81 | 80 | | (2) the appraisal of business personal property; |
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82 | 81 | | (3) the determination of capitalization rates for |
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83 | 82 | | property appraisal purposes; |
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84 | 83 | | (4) the duties of an appraisal review board; |
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85 | 84 | | (5) the requirements regarding the independence of an |
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86 | 85 | | appraisal review board from the board of directors and the chief |
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87 | 86 | | appraiser and other employees of the appraisal district; |
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88 | 87 | | (6) the prohibitions against ex parte communications |
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89 | 88 | | applicable to appraisal review board members; |
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90 | 89 | | (7) the Uniform Standards of Professional Appraisal |
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91 | 90 | | Practice; |
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92 | 91 | | (8) the duty of the appraisal district to substantiate |
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93 | 92 | | the district's determination of the value of property; |
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94 | 93 | | (9) the requirements regarding the equal and uniform |
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95 | 94 | | appraisal of property; |
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96 | 95 | | (10) the right of a property owner to protest the |
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97 | 96 | | appraisal of the property as provided by Chapter 41; and |
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98 | 97 | | (11) a detailed explanation of each of the actions |
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99 | 98 | | described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, |
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100 | 99 | | 41.42, and 41.43 so that members are fully aware of each of the |
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101 | 100 | | grounds on which a property appraisal can be appealed. |
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114 | 101 | | SECTION 5. Chapter 5, Tax Code, is amended by adding Section |
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115 | 102 | | 5.043 to read as follows: |
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116 | 103 | | Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section |
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117 | 104 | | applies only to persons who have agreed to serve as arbitrators |
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118 | 105 | | under Chapter 41A. |
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119 | 106 | | (b) The comptroller shall: |
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120 | 107 | | (1) approve curricula and provide an arbitration |
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121 | 108 | | manual and other materials for use in training and educating |
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122 | 109 | | arbitrators; |
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123 | 110 | | (2) make all materials for use in training and |
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124 | 111 | | educating arbitrators freely available online; and |
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125 | 112 | | (3) establish and supervise a training program on |
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126 | 113 | | property tax law for the training and education of arbitrators. |
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127 | 114 | | (c) The training program must: |
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128 | 115 | | (1) emphasize the requirements regarding the equal and |
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129 | 116 | | uniform appraisal of property; and |
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130 | 117 | | (2) be at least four hours in length. |
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131 | 118 | | (d) The training program may be provided online. The |
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132 | 119 | | comptroller by rule may prescribe the manner by which the |
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133 | 120 | | comptroller may verify that a person taking the training program |
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134 | 121 | | online has taken and completed the program. |
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135 | 122 | | (e) The comptroller may contract with service providers to |
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136 | 123 | | assist with the duties imposed under Subsection (b), but the |
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137 | 124 | | training program may not be provided by an appraisal district, the |
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138 | 125 | | chief appraiser or another employee of an appraisal district, a |
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139 | 126 | | member of the board of directors of an appraisal district, a member |
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140 | 127 | | of an appraisal review board, or a taxing unit. The comptroller may |
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141 | 128 | | assess a fee to recover a portion of the costs incurred for the |
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142 | 129 | | training program, but the fee may not exceed $50 for each person |
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143 | 130 | | trained. |
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144 | 131 | | (f) The comptroller shall prepare an arbitration manual for |
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145 | 132 | | use in the training program. The manual shall be updated regularly |
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146 | 133 | | and may be revised on request, in writing, to the comptroller. The |
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147 | 134 | | revised language must be approved by the unanimous agreement of a |
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148 | 135 | | committee selected by the comptroller and representing, equally, |
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149 | 136 | | taxpayers and chief appraisers. The person requesting the revision |
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150 | 137 | | must pay the costs of mediation if the comptroller determines that |
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151 | 138 | | mediation is required. |
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152 | 139 | | SECTION 6. Section 5.05, Tax Code, is amended by adding |
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153 | 140 | | Subsection (c-1) to read as follows: |
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154 | 141 | | (c-1) An appraisal district shall appraise property in |
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287 | | - | (d) An appraisal district must provide to each property |
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288 | | - | owner or designated agent of the owner who is authorized to submit a |
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289 | | - | survey form under this section a document that states that the owner |
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290 | | - | or agent: |
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291 | | - | (1) is entitled to complete and submit the survey |
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292 | | - | form; |
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293 | | - | (2) may submit the form to the comptroller: |
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294 | | - | (A) in person; |
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295 | | - | (B) by mail; |
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296 | | - | (C) by electronic mail; or |
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297 | | - | (D) through the web page required to be |
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298 | | - | established by the comptroller under Subsection (a)(3); and |
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299 | | - | (3) may obtain a paper copy of the form and |
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300 | | - | instructions for completing the form at the appraisal office. |
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301 | | - | (e) The document described by Subsection (d) must include |
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302 | | - | the uniform resource locator (URL) address of the web page required |
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303 | | - | to be established by the comptroller under Subsection (a)(3). |
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304 | | - | (f) An appraisal district must provide the document |
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305 | | - | described by Subsection (d) to a property owner or the designated |
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306 | | - | agent of the owner: |
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307 | | - | (1) at or before the first hearing on the motion or |
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308 | | - | protest described by Subsection (b) by the appraisal review board |
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309 | | - | established for the appraisal district or by a panel of the board; |
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310 | | - | and |
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311 | | - | (2) with each order under Section 25.25 or 41.47 |
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312 | | - | determining a motion or protest, as applicable, delivered by the |
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313 | | - | board or a panel of the board. |
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314 | | - | (g) Notwithstanding Subsections (d) and (f), if an |
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315 | | - | appraisal district provides the document described by Subsection |
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316 | | - | (d) to a property owner or the designated agent of the owner at or |
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317 | | - | before a hearing on a motion or protest described by Subsection (b), |
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318 | | - | the appraisal district is not required to provide another copy of |
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319 | | - | the document to the owner or agent at or before another hearing on a |
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320 | | - | motion or protest held on the same day. |
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321 | | - | (h) An individual who elects to submit the survey form must |
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| 256 | + | (d) An appraisal district must provide the survey form and |
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| 257 | + | the instructions for completing and submitting the form to each |
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| 258 | + | property owner or designated agent of the owner at or before each |
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| 259 | + | hearing conducted under Section 25.25 or Chapter 41 by the |
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| 260 | + | appraisal review board established for the appraisal district or by |
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| 261 | + | a panel of the board. |
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| 262 | + | (e) An individual who elects to submit the survey form must |
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368 | 329 | | SECTION 14. Section 6.15, Tax Code, is amended by adding |
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369 | 330 | | Subsection (c-1) to read as follows: |
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370 | 331 | | (c-1) Subsections (a) and (b) do not prohibit a member of |
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371 | 332 | | the board of directors of an appraisal district from transmitting |
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372 | 333 | | to the chief appraiser without comment a complaint by a property |
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373 | 334 | | owner or taxing unit about the appraisal of a specific property, |
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374 | 335 | | provided that the transmission is in writing. |
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375 | 336 | | SECTION 15. Section 6.41, Tax Code, is amended by amending |
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376 | 337 | | Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and |
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377 | 338 | | (d-10) to read as follows: |
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378 | 339 | | (b) Except as provided by Subsection (b-1) or (b-2), an |
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379 | 340 | | appraisal review [The] board consists of three members. |
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380 | 341 | | (b-1) An appraisal [However, the] district board of |
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381 | 342 | | directors by resolution of a majority of the board's [its] members |
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382 | 343 | | may increase the size of the district's appraisal review board to |
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383 | 344 | | the number of members the board of directors considers appropriate. |
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384 | 345 | | (b-2) An appraisal district board of directors for a |
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385 | 346 | | district established in a county with a population of one million or |
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386 | 347 | | more by resolution of a majority of the board's members shall |
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387 | 348 | | increase the size of the district's appraisal review board to the |
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388 | 349 | | number of members the board of directors considers appropriate to |
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389 | 350 | | manage the duties of the appraisal review board, including the |
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390 | 351 | | duties of each special panel established under Section 6.425. |
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391 | 352 | | (d-9) In selecting individuals who are to serve as members |
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392 | 353 | | of the appraisal review board for an appraisal district described |
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393 | 354 | | by Subsection (b-2), the local administrative district judge shall |
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394 | 355 | | select an adequate number of qualified individuals to permit the |
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395 | 356 | | chairman of the appraisal review board to fill the positions on each |
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396 | 357 | | special panel established under Section 6.425. |
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397 | 358 | | (d-10) Upon selection of the individuals who are to serve as |
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398 | 359 | | members of the appraisal review board, the local administrative |
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399 | 360 | | district judge shall enter an appropriate order designating such |
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400 | 361 | | members and setting each member's respective term of office, as |
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401 | 362 | | provided elsewhere in this section. |
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402 | 363 | | SECTION 16. Sections 6.412(a) and (d), Tax Code, are |
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403 | 364 | | amended to read as follows: |
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404 | 365 | | (a) An individual is ineligible to serve on an appraisal |
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405 | 366 | | review board if the individual: |
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406 | 367 | | (1) is related within the second degree by |
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407 | 368 | | consanguinity or affinity, as determined under Chapter 573, |
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408 | 369 | | Government Code, to an individual who is engaged in the business of |
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409 | 370 | | appraising property for compensation for use in proceedings under |
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410 | 371 | | this title or of representing property owners for compensation in |
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411 | 372 | | proceedings under this title in the appraisal district for which |
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412 | 373 | | the appraisal review board is established; |
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413 | 374 | | (2) owns property on which delinquent taxes have been |
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414 | 375 | | owed to a taxing unit for more than 60 days after the date the |
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415 | 376 | | individual knew or should have known of the delinquency unless: |
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416 | 377 | | (A) the delinquent taxes and any penalties and |
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417 | 378 | | interest are being paid under an installment payment agreement |
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418 | 379 | | under Section 33.02; or |
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419 | 380 | | (B) a suit to collect the delinquent taxes is |
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420 | 381 | | deferred or abated under Section 33.06 or 33.065; or |
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421 | 382 | | (3) is related within the third degree by |
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422 | 383 | | consanguinity or within the second degree by affinity, as |
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423 | 384 | | determined under Chapter 573, Government Code, to a member of: |
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424 | 385 | | (A) the appraisal district's board of directors; |
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425 | 386 | | or |
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426 | 387 | | (B) the appraisal review board. |
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427 | 388 | | (d) A person is ineligible to serve on the appraisal review |
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428 | 389 | | board of an appraisal district established for a county described |
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429 | 390 | | by Section 6.41(d-1) [having a population of more than 100,000] if |
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430 | 391 | | the person: |
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431 | 392 | | (1) is a former member of the board of directors, |
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432 | 393 | | former officer, or former employee of the appraisal district; |
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433 | 394 | | (2) served as a member of the governing body or officer |
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434 | 395 | | of a taxing unit for which the appraisal district appraises |
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435 | 396 | | property, until the fourth anniversary of the date the person |
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436 | 397 | | ceased to be a member or officer; [or] |
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437 | 398 | | (3) appeared before the appraisal review board for |
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438 | 399 | | compensation during the two-year period preceding the date the |
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439 | 400 | | person is appointed; or |
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440 | 401 | | (4) served for all or part of three previous terms as a |
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441 | 402 | | board member or auxiliary board member on the appraisal review |
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442 | 403 | | board. |
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443 | 404 | | SECTION 17. Section 6.414(d), Tax Code, is amended to read |
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444 | 405 | | as follows: |
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445 | 406 | | (d) An auxiliary board member may hear taxpayer protests |
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446 | 407 | | before the appraisal review board. An auxiliary board member may |
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447 | 408 | | not hear taxpayer protests before a special panel established under |
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448 | 409 | | Section 6.425 unless the member is eligible to be appointed to the |
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449 | 410 | | special panel. If one or more auxiliary board members sit on a |
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450 | 411 | | panel established under Section 6.425 or 41.45 to conduct a protest |
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451 | 412 | | hearing, the number of regular appraisal review board members |
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452 | 413 | | required by that section to constitute the panel is reduced by the |
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453 | 414 | | number of auxiliary board members sitting. An auxiliary board |
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454 | 415 | | member sitting on a panel is considered a regular board member for |
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455 | 416 | | all purposes related to the conduct of the hearing. |
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456 | 417 | | SECTION 18. Section 6.42, Tax Code, is amended by amending |
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457 | 418 | | Subsection (a) and adding Subsection (d) to read as follows: |
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458 | 419 | | (a) A majority of the appraisal review board constitutes a |
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459 | 420 | | quorum. The local administrative district judge under Subchapter |
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460 | 421 | | D, Chapter 74, Government Code, in the county in which [board of |
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461 | 422 | | directors of] the appraisal district is established [by resolution] |
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462 | 423 | | shall select a chairman and a secretary from among the members of |
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463 | 424 | | the appraisal review board. The judge [board of directors of the |
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464 | 425 | | appraisal district] is encouraged to select as chairman [of the |
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465 | 426 | | appraisal review board] a member of the appraisal review board, if |
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466 | 427 | | any, who has a background in law and property appraisal. |
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467 | 428 | | (d) The concurrence of a majority of the members of the |
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475 | 434 | | SECTION 19. Subchapter C, Chapter 6, Tax Code, is amended by |
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476 | 435 | | adding Section 6.425 to read as follows: |
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477 | 436 | | Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN |
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478 | 437 | | CERTAIN DISTRICTS. (a) This section applies only to the appraisal |
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479 | 438 | | review board for an appraisal district described by Section |
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480 | 439 | | 6.41(b-2). |
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481 | 440 | | (b) The appraisal review board shall establish special |
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482 | 441 | | panels to conduct protest hearings under Chapter 41 relating to |
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483 | 442 | | property that: |
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484 | 443 | | (1) has an appraised value of $50 million or more as |
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485 | 444 | | determined by the appraisal district; and |
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486 | 445 | | (2) is included in one of the following |
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487 | 446 | | classifications: |
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488 | 447 | | (A) commercial real and personal property; |
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489 | 448 | | (B) real and personal property of utilities; |
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490 | 449 | | (C) industrial and manufacturing real and |
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491 | 450 | | personal property; and |
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492 | 451 | | (D) multifamily residential real property. |
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493 | 452 | | (c) Each special panel described by this section consists of |
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494 | 453 | | three members of the appraisal review board appointed by the |
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495 | 454 | | chairman of the board. |
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496 | 455 | | (d) To be eligible to be appointed to a special panel |
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497 | 456 | | described by this section, a member of the appraisal review board |
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498 | 457 | | must: |
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499 | 458 | | (1) hold a juris doctor or equivalent degree; |
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500 | 459 | | (2) hold a master of business administration degree; |
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501 | 460 | | (3) be licensed as a certified public accountant under |
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502 | 461 | | Chapter 901, Occupations Code; |
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503 | 462 | | (4) be accredited by the American Society of |
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504 | 463 | | Appraisers as an accredited senior appraiser; |
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505 | 464 | | (5) possess an MAI professional designation from the |
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506 | 465 | | Appraisal Institute; |
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507 | 466 | | (6) possess a Certified Assessment Evaluator (CAE) |
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508 | 467 | | professional designation from the International Association of |
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509 | 468 | | Assessing Officers; |
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510 | 469 | | (7) have at least 10 years of experience in property |
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511 | 470 | | tax appraisal or consulting; or |
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512 | 471 | | (8) be licensed as a real estate broker or sales agent |
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513 | 472 | | under Chapter 1101, Occupations Code. |
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514 | 473 | | (e) Notwithstanding Subsection (d), the chairman of the |
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515 | 474 | | appraisal review board may appoint to a special panel described by |
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516 | 475 | | this section a member of the appraisal review board who does not |
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517 | 476 | | meet the qualifications prescribed by that subsection if: |
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518 | 477 | | (1) the number of persons appointed to the board by the |
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519 | 478 | | local administrative district judge who meet those qualifications |
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520 | 479 | | is not sufficient to fill the positions on each special panel; and |
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521 | 480 | | (2) the board member being appointed to the panel |
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522 | 481 | | holds a bachelor's degree in any field. |
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523 | 482 | | (f) In addition to conducting protest hearings relating to |
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524 | 483 | | property described by Subsection (b) of this section, a special |
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525 | 484 | | panel may conduct protest hearings under Chapter 41 relating to |
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526 | 485 | | property not described by Subsection (b) of this section as |
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527 | 486 | | assigned by the chairman of the appraisal review board. |
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545 | | - | by any appraisal manuals required by law to be prepared and issued |
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546 | | - | by the comptroller. If the appraisal district determines the |
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547 | | - | appraised value of a property using mass appraisal standards, the |
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548 | | - | mass appraisal standards must comply with the Uniform Standards of |
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549 | | - | Professional Appraisal Practice. The same or similar appraisal |
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550 | | - | methods and techniques shall be used in appraising the same or |
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551 | | - | similar kinds of property. However, each property shall be |
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552 | | - | appraised based upon the individual characteristics that affect the |
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553 | | - | property's market value, and all available evidence that is |
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554 | | - | specific to the value of the property shall be taken into account in |
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555 | | - | determining the property's market value. |
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556 | | - | (h) Appraisal methods and techniques included in the most |
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557 | | - | recent versions of the following are considered generally accepted |
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558 | | - | appraisal methods and techniques for the purposes of this title: |
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559 | | - | (1) the Appraisal of Real Estate published by the |
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560 | | - | Appraisal Institute; |
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561 | | - | (2) the Dictionary of Real Estate Appraisal published |
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562 | | - | by the Appraisal Institute; |
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563 | | - | (3) the Uniform Standards of Professional Appraisal |
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564 | | - | Practice published by The Appraisal Foundation; |
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565 | | - | (4) a publication of the International Association of |
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566 | | - | Assessing Officers that includes information related to mass |
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567 | | - | appraisal; and |
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568 | | - | (5) any other verifiable authority if none of the |
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569 | | - | publications described by Subdivisions (1)-(4) includes a |
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570 | | - | generally accepted appraisal methodology or technique applicable |
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571 | | - | to the appraisal of one or more classes of property. |
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572 | | - | SECTION 22. Section 25.19, Tax Code, is amended by amending |
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573 | | - | Subsections (b) and (i) and adding Subsections (b-3) and (b-4) to |
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574 | | - | read as follows: |
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| 508 | + | by appraisal manuals prepared and issued by the comptroller. If the |
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| 509 | + | appraisal district determines the appraised value of a property |
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| 510 | + | using mass appraisal standards, the mass appraisal standards must |
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| 511 | + | comply with the Uniform Standards of Professional Appraisal |
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| 512 | + | Practice. The same or similar appraisal methods and techniques |
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| 513 | + | shall be used in appraising the same or similar kinds of property. |
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| 514 | + | However, each property shall be appraised based upon the individual |
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| 515 | + | characteristics that affect the property's market value, and all |
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| 516 | + | available evidence that is specific to the value of the property |
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| 517 | + | shall be taken into account in determining the property's market |
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| 518 | + | value. |
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| 519 | + | SECTION 23. Section 25.19, Tax Code, is amended by amending |
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| 520 | + | Subsections (a), (b), (g), and (i) and adding Subsections (b-3) and |
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| 521 | + | (b-4) to read as follows: |
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| 522 | + | (a) By April 15 [1] or as soon thereafter as practicable [if |
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| 523 | + | the property is a single-family residence that qualifies for an |
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| 524 | + | exemption under Section 11.13, or by May 1 or as soon thereafter as |
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| 525 | + | practicable in connection with any other property], the chief |
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| 526 | + | appraiser shall deliver a clear and understandable written notice |
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| 527 | + | to a property owner of the appraised value of the property owner's |
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| 528 | + | property if: |
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| 529 | + | (1) the appraised value of the property is greater |
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| 530 | + | than it was in the preceding year; |
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| 531 | + | (2) the appraised value of the property is greater |
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| 532 | + | than the value rendered by the property owner; |
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| 533 | + | (3) the property was not on the appraisal roll in the |
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| 534 | + | preceding year; or |
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| 535 | + | (4) an exemption or partial exemption approved for the |
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| 536 | + | property for the preceding year was canceled or reduced for the |
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| 537 | + | current year. |
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575 | 538 | | (b) The chief appraiser shall separate real from personal |
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576 | 539 | | property and include in the notice for each: |
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577 | 540 | | (1) a list of the taxing units in which the property is |
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578 | 541 | | taxable; |
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579 | 542 | | (2) the appraised value of the property in the |
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580 | 543 | | preceding year; |
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581 | 544 | | (3) the taxable value of the property in the preceding |
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582 | 545 | | year for each taxing unit taxing the property; |
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583 | 546 | | (4) the appraised value of the property for the |
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584 | 547 | | current year, the kind and amount of each exemption and partial |
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585 | 548 | | exemption, if any, approved for the property for the current year |
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586 | 549 | | and for the preceding year, and, if an exemption or partial |
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587 | 550 | | exemption that was approved for the preceding year was canceled or |
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588 | 551 | | reduced for the current year, the amount of the exemption or partial |
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589 | 552 | | exemption canceled or reduced; |
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590 | 553 | | (5) [if the appraised value is greater than it was in |
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591 | 554 | | the preceding year, the amount of tax that would be imposed on the |
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592 | 555 | | property on the basis of the tax rate for the preceding year; |
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593 | 556 | | [(6)] in italic typeface, the following |
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594 | 557 | | statement: "The Texas Legislature does not set the amount of your |
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595 | 558 | | local taxes. Your property tax burden is decided by your locally |
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596 | 559 | | elected officials, and all inquiries concerning your taxes should |
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597 | 560 | | be directed to those officials"; |
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598 | 561 | | (6) [(7)] a detailed explanation of the time and |
---|
599 | 562 | | procedure for protesting the value; |
---|
600 | 563 | | (7) [(8)] the date and place the appraisal review |
---|
601 | 564 | | board will begin hearing protests; and |
---|
602 | 565 | | (8) [(9)] a brief explanation that the governing body |
---|
603 | 566 | | of each taxing unit decides whether or not taxes on the property |
---|
604 | 567 | | will increase and the appraisal district only determines the value |
---|
605 | 568 | | of the property. |
---|
606 | 569 | | (b-3) This subsection applies only to an appraisal district |
---|
607 | 570 | | described by Section 6.41(b-2). In addition to the information |
---|
608 | 571 | | required by Subsection (b), the chief appraiser shall state in a |
---|
609 | 572 | | notice of appraised value of property described by Section 6.425(b) |
---|
610 | 573 | | that the property owner has the right to have a protest relating to |
---|
611 | 574 | | the property heard by a special panel of the appraisal review board. |
---|
612 | 575 | | (b-4) Subsection (b)(5) applies only to a notice of |
---|
613 | 576 | | appraised value required to be delivered by the chief appraiser of |
---|
614 | 577 | | an appraisal district established in a county with a population of |
---|
615 | 578 | | less than 120,000. This subsection expires January 1, 2022. |
---|
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 |
---|
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 |
---|
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. |
---|
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 |
---|
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)"; |
---|
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). |
---|
929 | 867 | | (h-1) Notwithstanding Subsection (h), if the anticipated |
---|
930 | 868 | | collection rate of a taxing unit as calculated under that |
---|
931 | 869 | | subsection is lower than the lowest actual collection rate of the |
---|
932 | 870 | | taxing unit for any of the preceding three years, the anticipated |
---|
933 | 871 | | collection rate of the taxing unit for purposes of this section is |
---|
934 | 872 | | equal to the lowest actual collection rate of the taxing unit for |
---|
935 | 873 | | any of the preceding three years. |
---|
936 | 874 | | (h-2) The anticipated collection rate of a taxing unit for |
---|
937 | 875 | | purposes of this section is the rate calculated under Subsection |
---|
938 | 876 | | (h) as modified by Subsection (h-1), if applicable, regardless of |
---|
939 | 877 | | whether that rate exceeds 100 percent. |
---|
940 | 878 | | (i) This subsection applies to a taxing unit that has agreed |
---|
941 | 879 | | by written contract to transfer a distinct department, function, or |
---|
942 | 880 | | activity to another taxing unit and discontinues operating that |
---|
943 | 881 | | distinct department, function, or activity if the operation of that |
---|
944 | 882 | | department, function, or activity in all or a majority of the |
---|
945 | 883 | | territory of the taxing unit is continued by another existing |
---|
946 | 884 | | taxing unit or by a new taxing unit. The rollback tax rate of a |
---|
947 | 885 | | taxing unit to which this subsection applies in the first tax year |
---|
948 | 886 | | in which a budget is adopted that does not allocate revenue to the |
---|
949 | 887 | | discontinued department, function, or activity is calculated as |
---|
950 | 888 | | otherwise provided by this section, except that last year's levy |
---|
951 | 889 | | used to calculate the no-new-revenue [effective] maintenance and |
---|
952 | 890 | | operations rate of the taxing unit is reduced by the amount of |
---|
953 | 891 | | maintenance and operations tax revenue spent by the taxing unit to |
---|
954 | 892 | | operate the department, function, or activity for the 12 months |
---|
955 | 893 | | preceding the month in which the calculations required by this |
---|
956 | 894 | | chapter are made and in which the taxing unit operated the |
---|
957 | 895 | | discontinued department, function, or activity. If the taxing unit |
---|
958 | 896 | | did not operate that department, function, or activity for the full |
---|
959 | 897 | | 12 months preceding the month in which the calculations required by |
---|
960 | 898 | | this chapter are made, the taxing unit shall reduce last year's levy |
---|
961 | 899 | | used for calculating the no-new-revenue [effective] maintenance |
---|
962 | 900 | | and operations rate of the taxing unit by the amount of the revenue |
---|
963 | 901 | | spent in the last full fiscal year in which the taxing unit operated |
---|
964 | 902 | | the discontinued department, function, or activity. |
---|
965 | 903 | | (j) This subsection applies to a taxing unit that had agreed |
---|
966 | 904 | | by written contract to accept the transfer of a distinct |
---|
967 | 905 | | department, function, or activity from another taxing unit and |
---|
968 | 906 | | operates a distinct department, function, or activity if the |
---|
969 | 907 | | operation of a substantially similar department, function, or |
---|
970 | 908 | | activity in all or a majority of the territory of the taxing unit |
---|
971 | 909 | | has been discontinued by another taxing unit, including a dissolved |
---|
972 | 910 | | taxing unit. The rollback tax rate of a taxing unit to which this |
---|
973 | 911 | | subsection applies in the first tax year after the other taxing unit |
---|
974 | 912 | | discontinued the substantially similar department, function, or |
---|
975 | 913 | | activity in which a budget is adopted that allocates revenue to the |
---|
976 | 914 | | department, function, or activity is calculated as otherwise |
---|
977 | 915 | | provided by this section, except that last year's levy used to |
---|
978 | 916 | | calculate the no-new-revenue [effective] maintenance and |
---|
979 | 917 | | operations rate of the taxing unit is increased by the amount of |
---|
980 | 918 | | maintenance and operations tax revenue spent by the taxing unit |
---|
981 | 919 | | that discontinued operating the substantially similar department, |
---|
982 | 920 | | function, or activity to operate that department, function, or |
---|
983 | 921 | | activity for the 12 months preceding the month in which the |
---|
984 | 922 | | calculations required by this chapter are made and in which the |
---|
985 | 923 | | taxing unit operated the discontinued department, function, or |
---|
986 | 924 | | activity. If the taxing unit did not operate the discontinued |
---|
987 | 925 | | department, function, or activity for the full 12 months preceding |
---|
988 | 926 | | the month in which the calculations required by this chapter are |
---|
989 | 927 | | made, the taxing unit may increase last year's levy used to |
---|
990 | 928 | | calculate the no-new-revenue [effective] maintenance and |
---|
991 | 929 | | operations rate by an amount not to exceed the amount of property |
---|
992 | 930 | | tax revenue spent by the discontinuing taxing unit to operate the |
---|
993 | 931 | | discontinued department, function, or activity in the last full |
---|
994 | 932 | | fiscal year in which the discontinuing taxing unit operated the |
---|
995 | 933 | | department, function, or activity. |
---|
1076 | 1012 | | area declared a disaster area during the current tax year by the |
---|
1077 | 1013 | | governor or by the president of the United States. The designated |
---|
1078 | 1014 | | officer or employee shall continue calculating the rollback tax |
---|
1079 | 1015 | | rate in the manner provided by this subsection until the earlier of: |
---|
1080 | 1016 | | (1) the first tax year in which the total taxable value |
---|
1081 | 1017 | | of property taxable by the taxing unit as shown on the appraisal |
---|
1082 | 1018 | | roll for the taxing unit submitted by the assessor for the taxing |
---|
1083 | 1019 | | unit to the governing body exceeds the total taxable value of |
---|
1084 | 1020 | | property taxable by the taxing unit on January 1 of the tax year in |
---|
1085 | 1021 | | which the disaster occurred; or |
---|
1086 | 1022 | | (2) the fifth tax year after the tax year in which the |
---|
1087 | 1023 | | disaster occurred. |
---|
1088 | 1024 | | (e) If a city that imposes an additional sales and use tax |
---|
1089 | 1025 | | receives payments under the terms of a contract executed before |
---|
1090 | 1026 | | January 1, 1986, in which the city agrees not to annex certain |
---|
1091 | 1027 | | property or a certain area and the owners or lessees of the property |
---|
1092 | 1028 | | or of property in the area agree to pay at least annually to the city |
---|
1093 | 1029 | | an amount determined by reference to all or a percentage of the |
---|
1094 | 1030 | | property tax rate of the city and all or a part of the value of the |
---|
1095 | 1031 | | property subject to the agreement or included in the area subject to |
---|
1096 | 1032 | | the agreement, the governing body, by order adopted by a majority |
---|
1097 | 1033 | | vote of the governing body, may direct the designated officer or |
---|
1098 | 1034 | | employee to add to the no-new-revenue [effective] and rollback tax |
---|
1099 | 1035 | | rates the amount that, when applied to the total taxable value |
---|
1100 | 1036 | | submitted to the governing body, would produce an amount of taxes |
---|
1101 | 1037 | | equal to the difference between the total amount of payments for the |
---|
1102 | 1038 | | tax year under contracts described by this subsection under the |
---|
1103 | 1039 | | rollback tax rate calculated under this section and the total |
---|
1104 | 1040 | | amount of payments for the tax year that would have been obligated |
---|
1105 | 1041 | | to the city if the city had not adopted an additional sales and use |
---|
1106 | 1042 | | tax. |
---|
1107 | 1043 | | (g) If the rate of the additional sales and use tax is |
---|
1108 | 1044 | | increased, the designated officer or employee shall make two |
---|
1109 | 1045 | | projections, in the manner provided by Subsection (d) [of this |
---|
1110 | 1046 | | section], of the revenue generated by the additional sales and use |
---|
1111 | 1047 | | tax in the following year. The first projection must take into |
---|
1112 | 1048 | | account the increase and the second projection must not take into |
---|
1113 | 1049 | | account the increase. The designated officer or employee shall |
---|
1114 | 1050 | | then subtract the amount of the result of the second projection from |
---|
1115 | 1051 | | the amount of the result of the first projection to determine the |
---|
1116 | 1052 | | revenue generated as a result of the increase in the additional |
---|
1117 | 1053 | | sales and use tax. In the first year in which an additional sales |
---|
1118 | 1054 | | and use tax is increased, the no-new-revenue [effective] tax rate |
---|
1119 | 1055 | | for the taxing unit is the no-new-revenue [effective] tax rate |
---|
1120 | 1056 | | before the increase minus a number the numerator of which is the |
---|
1121 | 1057 | | revenue generated as a result of the increase in the additional |
---|
1122 | 1058 | | sales and use tax, as determined under this subsection, and the |
---|
1123 | 1059 | | denominator of which is the current total value minus the new |
---|
1124 | 1060 | | property value. |
---|
1125 | 1061 | | (h) If the rate of the additional sales and use tax is |
---|
1126 | 1062 | | decreased, the designated officer or employee shall make two |
---|
1127 | 1063 | | projections, in the manner provided by Subsection (d) [of this |
---|
1128 | 1064 | | section], of the revenue generated by the additional sales and use |
---|
1129 | 1065 | | tax in the following year. The first projection must take into |
---|
1130 | 1066 | | account the decrease and the second projection must not take into |
---|
1131 | 1067 | | account the decrease. The designated officer or employee shall |
---|
1132 | 1068 | | then subtract the amount of the result of the first projection from |
---|
1133 | 1069 | | the amount of the result of the second projection to determine the |
---|
1134 | 1070 | | revenue lost as a result of the decrease in the additional sales and |
---|
1135 | 1071 | | use tax. In the first year in which an additional sales and use tax |
---|
1136 | 1072 | | is decreased, the no-new-revenue [effective] tax rate for the |
---|
1137 | 1073 | | taxing unit is the no-new-revenue [effective] tax rate before the |
---|
1138 | 1074 | | decrease plus a number the numerator of which is the revenue lost as |
---|
1139 | 1075 | | a result of the decrease in the additional sales and use tax, as |
---|
1140 | 1076 | | determined under this subsection, and the denominator of which is |
---|
1141 | 1077 | | the current total value minus the new property value. |
---|
1193 | 1128 | | are amended to read as follows: |
---|
1194 | 1129 | | (a) In the first tax year in which a taxing unit adopts a tax |
---|
1195 | 1130 | | rate after January 1, 2000, and in which the enhanced minimum |
---|
1196 | 1131 | | eligibility standards for indigent health care established under |
---|
1197 | 1132 | | Section 61.006, Health and Safety Code, apply to the taxing unit, |
---|
1198 | 1133 | | the no-new-revenue [effective] maintenance and operations rate for |
---|
1199 | 1134 | | the taxing unit is increased by the rate computed according to the |
---|
1200 | 1135 | | following formula: |
---|
1201 | 1136 | | Amount of Increase = Enhanced Indigent Health Care |
---|
1202 | 1137 | | Expenditures / (Current Total Value - New Property |
---|
1203 | 1138 | | Value) |
---|
1204 | 1139 | | (b) In each subsequent tax year, if the taxing unit's |
---|
1205 | 1140 | | enhanced indigent health care expenses exceed the amount of those |
---|
1206 | 1141 | | expenses for the preceding year, the no-new-revenue [effective] |
---|
1207 | 1142 | | maintenance and operations rate for the taxing unit is increased by |
---|
1208 | 1143 | | the rate computed according to the following formula: |
---|
1209 | 1144 | | Amount of Increase = (Current Tax Year's Enhanced |
---|
1210 | 1145 | | Indigent Health Care Expenditures - Preceding Tax |
---|
1211 | 1146 | | Year's Indigent Health Care Expenditures) / (Current |
---|
1212 | 1147 | | Total Value - New Property Value) |
---|
1213 | 1148 | | (c) The taxing unit shall include a notice of the increase |
---|
1214 | 1149 | | in its no-new-revenue [effective] maintenance and operations rate |
---|
1215 | 1150 | | provided by this section, including a brief description and the |
---|
1216 | 1151 | | amount of the enhanced indigent health care expenditures, in the |
---|
1243 | 1174 | | (2) the rate that, if applied to the total taxable |
---|
1244 | 1175 | | value, will impose the amount of taxes needed to fund maintenance |
---|
1245 | 1176 | | and operation expenditures of the taxing unit for the next year. |
---|
1246 | 1177 | | (b) A taxing unit may not impose property taxes in any year |
---|
1247 | 1178 | | until the governing body has adopted a tax rate for that year, and |
---|
1248 | 1179 | | the annual tax rate must be set by ordinance, resolution, or order, |
---|
1249 | 1180 | | depending on the method prescribed by law for adoption of a law by |
---|
1250 | 1181 | | the governing body. The vote on the ordinance, resolution, or order |
---|
1251 | 1182 | | setting the tax rate must be separate from the vote adopting the |
---|
1252 | 1183 | | budget. For a taxing unit other than a school district, the vote on |
---|
1253 | 1184 | | the ordinance, resolution, or order setting a tax rate that exceeds |
---|
1254 | 1185 | | the no-new-revenue [effective] tax rate must be a record vote, and |
---|
1255 | 1186 | | at least 60 percent of the members of the governing body must vote |
---|
1256 | 1187 | | in favor of the ordinance, resolution, or order. For a school |
---|
1257 | 1188 | | district, the vote on the ordinance, resolution, or order setting a |
---|
1258 | 1189 | | tax rate that exceeds the sum of the no-new-revenue [effective] |
---|
1259 | 1190 | | maintenance and operations tax rate of the district as determined |
---|
1260 | 1191 | | under Section 26.08(i) and the district's current debt rate must be |
---|
1261 | 1192 | | a record vote, and at least 60 percent of the members of the |
---|
1262 | 1193 | | governing body must vote in favor of the ordinance, resolution, or |
---|
1263 | 1194 | | order. A motion to adopt an ordinance, resolution, or order setting |
---|
1264 | 1195 | | a tax rate that exceeds the no-new-revenue [effective] tax rate |
---|
1265 | 1196 | | must be made in the following form: "I move that the property tax |
---|
1266 | 1197 | | rate be increased by the adoption of a tax rate of (specify tax |
---|
1267 | 1198 | | rate), which is effectively a (insert percentage by which the |
---|
1268 | 1199 | | proposed tax rate exceeds the no-new-revenue [effective] tax rate) |
---|
1269 | 1200 | | percent increase in the tax rate." If the ordinance, resolution, or |
---|
1270 | 1201 | | order sets a tax rate that, if applied to the total taxable value, |
---|
1271 | 1202 | | will impose an amount of taxes to fund maintenance and operation |
---|
1272 | 1203 | | expenditures of the taxing unit that exceeds the amount of taxes |
---|
1273 | 1204 | | imposed for that purpose in the preceding year, the taxing unit |
---|
1274 | 1205 | | must: |
---|
1275 | 1206 | | (1) include in the ordinance, resolution, or order in |
---|
1276 | 1207 | | type larger than the type used in any other portion of the document: |
---|
1277 | 1208 | | (A) the following statement: "THIS TAX RATE WILL |
---|
1278 | 1209 | | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S |
---|
1279 | 1210 | | TAX RATE."; and |
---|
1280 | 1211 | | (B) if the tax rate exceeds the no-new-revenue |
---|
1281 | 1212 | | [effective] maintenance and operations rate, the following |
---|
1282 | 1213 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
1283 | 1214 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
1284 | 1215 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
1285 | 1216 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
1286 | 1217 | | APPROXIMATELY $(Insert amount)."; and |
---|
1287 | 1218 | | (2) include on the home page of the [any] Internet |
---|
1288 | 1219 | | website of [operated by] the taxing unit: |
---|
1289 | 1220 | | (A) the following statement: "(Insert name of |
---|
1290 | 1221 | | taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR |
---|
1291 | 1222 | | MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and |
---|
1292 | 1223 | | (B) if the tax rate exceeds the no-new-revenue |
---|
1293 | 1224 | | [effective] maintenance and operations rate, the following |
---|
1294 | 1225 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
1295 | 1226 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
1296 | 1227 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
1297 | 1228 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
1298 | 1229 | | APPROXIMATELY $(Insert amount)." |
---|
1299 | 1230 | | (c) If the governing body of a taxing unit does not adopt a |
---|
1300 | 1231 | | tax rate before the date required by Subsection (a), the tax rate |
---|
1301 | 1232 | | for the taxing unit for that tax year is the lower of the |
---|
1302 | 1233 | | no-new-revenue [effective] tax rate calculated for that tax year or |
---|
1303 | 1234 | | the tax rate adopted by the taxing unit for the preceding tax year. |
---|
1304 | 1235 | | A tax rate established by this subsection is treated as an adopted |
---|
1305 | 1236 | | tax rate. Before the fifth day after the establishment of a tax |
---|
1306 | 1237 | | rate by this subsection, the governing body of the taxing unit must |
---|
1307 | 1238 | | ratify the applicable tax rate in the manner required by Subsection |
---|
1308 | 1239 | | (b). |
---|
1309 | 1240 | | (d) The governing body of a taxing unit other than a school |
---|
1310 | 1241 | | district may not adopt a tax rate that exceeds the lower of the |
---|
1311 | 1242 | | rollback tax rate or the no-new-revenue [effective] tax rate |
---|
1312 | 1243 | | 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. |
---|
1331 | 1273 | | (e) A person who owns taxable property is entitled to an |
---|
1332 | 1274 | | injunction restraining the collection of taxes by a taxing unit in |
---|
1333 | 1275 | | which the property is taxable if the taxing unit has not complied |
---|
1334 | 1276 | | with the requirements of this section or Section 26.04 [and the |
---|
1335 | 1277 | | failure to comply was not in good faith]. It is a defense in an |
---|
1336 | 1278 | | action for an injunction under this subsection that the failure to |
---|
1337 | 1279 | | comply was in good faith. An action to enjoin the collection of |
---|
1338 | 1280 | | taxes must be filed not later than the 15th day after the date the |
---|
1339 | 1281 | | taxing unit adopts a tax rate. A property owner is not required to |
---|
1340 | 1282 | | pay the taxes imposed by a taxing unit on the owner's property while |
---|
1341 | 1283 | | an action filed by the property owner to enjoin the collection of |
---|
1342 | 1284 | | taxes imposed by the taxing unit on the owner's property is pending. |
---|
1343 | 1285 | | If the property owner pays the taxes and subsequently prevails in |
---|
1344 | 1286 | | the action, the property owner is entitled to a refund of the taxes |
---|
1345 | 1287 | | paid, together with reasonable attorney's fees and court costs. |
---|
1346 | 1288 | | The property owner is not required to apply to the collector for the |
---|
1347 | 1289 | | taxing unit to receive the refund [prior to the date a taxing unit |
---|
1348 | 1290 | | delivers substantially all of its tax bills]. |
---|
1349 | 1291 | | (e-1) The governing body of a taxing unit that imposes an |
---|
1350 | 1292 | | additional sales and use tax may not adopt the component of the tax |
---|
1351 | 1293 | | rate of the taxing unit described by Subsection (a)(1) of this |
---|
1352 | 1294 | | section until the chief financial officer or the auditor for the |
---|
1353 | 1295 | | taxing unit submits to the governing body of the taxing unit a |
---|
1354 | 1296 | | written certification that the amount of additional sales and use |
---|
1355 | 1297 | | tax revenue that will be used to pay debt service has been deducted |
---|
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: |
---|
1409 | 1341 | | (b) The notice of a public hearing may not be smaller than |
---|
1410 | 1342 | | one-quarter page of a standard-size or a tabloid-size newspaper, |
---|
1411 | 1343 | | and the headline on the notice must be in 24-point or larger type. |
---|
1412 | 1344 | | [The notice must contain a statement in the following form: |
---|
1413 | 1345 | | ["NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
1414 | 1346 | | ["The (name of the taxing unit) will hold two public hearings |
---|
1415 | 1347 | | on a proposal to increase total tax revenues from properties on the |
---|
1416 | 1348 | | tax roll in the preceding tax year by (percentage by which proposed |
---|
1417 | 1349 | | tax rate exceeds lower of rollback tax rate or effective tax rate |
---|
1418 | 1350 | | calculated under this chapter) percent. Your individual taxes may |
---|
1419 | 1351 | | increase at a greater or lesser rate, or even decrease, depending on |
---|
1420 | 1352 | | the change in the taxable value of your property in relation to the |
---|
1421 | 1353 | | change in taxable value of all other property and the tax rate that |
---|
1422 | 1354 | | is adopted. |
---|
1423 | 1355 | | ["The first public hearing will be held on (date and time) at |
---|
1424 | 1356 | | (meeting place). |
---|
1425 | 1357 | | ["The second public hearing will be held on (date and time) at |
---|
1426 | 1358 | | (meeting place). |
---|
1427 | 1359 | | ["(Names of all members of the governing body, showing how |
---|
1428 | 1360 | | each voted on the proposal to consider the tax increase or, if one |
---|
1429 | 1361 | | or more were absent, indicating the absences.) |
---|
1430 | 1362 | | ["The average taxable value of a residence homestead in (name |
---|
1431 | 1363 | | of taxing unit) last year was $____ (average taxable value of a |
---|
1432 | 1364 | | residence homestead in the taxing unit for the preceding tax year, |
---|
1433 | 1365 | | disregarding residence homestead exemptions available only to |
---|
1434 | 1366 | | disabled persons or persons 65 years of age or older). Based on |
---|
1435 | 1367 | | last year's tax rate of $____ (preceding year's adopted tax rate) |
---|
1436 | 1368 | | per $100 of taxable value, the amount of taxes imposed last year on |
---|
1437 | 1369 | | the average home was $____ (tax on average taxable value of a |
---|
1438 | 1370 | | residence homestead in the taxing unit for the preceding tax year, |
---|
1439 | 1371 | | disregarding residence homestead exemptions available only to |
---|
1440 | 1372 | | disabled persons or persons 65 years of age or older). |
---|
1441 | 1373 | | ["The average taxable value of a residence homestead in (name |
---|
1442 | 1374 | | of taxing unit) this year is $____ (average taxable value of a |
---|
1443 | 1375 | | residence homestead in the taxing unit for the current tax year, |
---|
1444 | 1376 | | disregarding residence homestead exemptions available only to |
---|
1445 | 1377 | | disabled persons or persons 65 years of age or older). If the |
---|
1446 | 1378 | | governing body adopts the effective tax rate for this year of $____ |
---|
1447 | 1379 | | (effective tax rate) per $100 of taxable value, the amount of taxes |
---|
1448 | 1380 | | imposed this year on the average home would be $____ (tax on average |
---|
1449 | 1381 | | taxable value of a residence homestead in the taxing unit for the |
---|
1450 | 1382 | | current tax year, disregarding residence homestead exemptions |
---|
1451 | 1383 | | available only to disabled persons or persons 65 years of age or |
---|
1452 | 1384 | | older). |
---|
1453 | 1385 | | ["If the governing body adopts the proposed tax rate of $____ |
---|
1454 | 1386 | | (proposed tax rate) per $100 of taxable value, the amount of taxes |
---|
1455 | 1387 | | imposed this year on the average home would be $____ (tax on the |
---|
1456 | 1388 | | average taxable value of a residence in the taxing unit for the |
---|
1457 | 1389 | | current year disregarding residence homestead exemptions available |
---|
1458 | 1390 | | only to disabled persons or persons 65 years of age or older). |
---|
1459 | 1391 | | ["Members of the public are encouraged to attend the hearings |
---|
1460 | 1392 | | and express their views."] |
---|
1461 | 1393 | | (b-1) If the proposed tax rate exceeds the no-new-revenue |
---|
1462 | 1394 | | tax rate and the rollback tax rate of the taxing unit, the notice |
---|
1463 | 1395 | | must contain a statement in the following form: |
---|
1464 | 1396 | | "NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
1465 | 1397 | | "PROPOSED TAX RATE $__________ per $100 |
---|
1466 | 1398 | | "NO-NEW-REVENUE TAX RATE $__________ per $100 |
---|
1467 | 1399 | | "ROLLBACK TAX RATE $__________ per $100 |
---|
1468 | 1400 | | "The no-new-revenue tax rate is the tax rate for the (current |
---|
1469 | 1401 | | tax year) tax year that will raise the same amount of property tax |
---|
1470 | 1402 | | revenue for (name of taxing unit) from the same properties in both |
---|
1471 | 1403 | | the (preceding tax year) tax year and the (current tax year) tax |
---|
1472 | 1404 | | year. |
---|
1473 | 1405 | | "The rollback tax rate is the highest tax rate that (name of |
---|
1474 | 1406 | | taxing unit) may adopt without holding an election to ratify the |
---|
1475 | 1407 | | rate. |
---|
1476 | 1408 | | "The proposed tax rate is greater than the no-new-revenue tax |
---|
1477 | 1409 | | rate. This means that (name of taxing unit) is proposing to |
---|
1478 | 1410 | | increase property taxes for the (current tax year) tax year. |
---|
1479 | 1411 | | "A public hearing on the proposed tax rate will be held on |
---|
1480 | 1412 | | (date and time) at (meeting place). |
---|
1481 | 1415 | | "The proposed tax rate is also greater than the rollback tax |
---|
1482 | 1416 | | rate. If (name of taxing unit) adopts the proposed tax rate, (name |
---|
1483 | 1417 | | of taxing unit) is required to hold an election so that the voters |
---|
1484 | 1418 | | may accept or reject the proposed tax rate. If a majority of the |
---|
1485 | 1419 | | voters reject the proposed tax rate, the (name of taxing unit) will |
---|
1486 | 1420 | | be required to adopt a new tax rate that is not greater than the |
---|
1487 | 1421 | | rollback tax rate. The election will be held on (date of election). |
---|
1488 | 1422 | | You may contact the (name of office responsible for administering |
---|
1489 | 1423 | | the election) for information about voting locations. The hours of |
---|
1490 | 1424 | | voting on election day are (voting hours). |
---|
1491 | 1425 | | "Your taxes owed under any of the tax rates mentioned above |
---|
1492 | 1426 | | can be calculated as follows: |
---|
1493 | 1427 | | "Property tax amount = tax rate x taxable value of your |
---|
1494 | 1428 | | property / 100 |
---|
1495 | 1429 | | "(Names of all members of the governing body, showing how |
---|
1496 | 1430 | | each voted on the proposal to consider the tax increase or, if one |
---|
1497 | 1431 | | or more were absent, indicating the absences.)" |
---|
1498 | 1432 | | (b-2) If the proposed tax rate exceeds the no-new-revenue |
---|
1499 | 1433 | | tax rate but does not exceed the rollback tax rate of the taxing |
---|
1500 | 1434 | | unit, the notice must contain a statement in the following form: |
---|
1501 | 1435 | | "NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
1502 | 1436 | | "PROPOSED TAX RATE $__________ per $100 |
---|
1503 | 1437 | | "NO-NEW-REVENUE TAX RATE $__________ per $100 |
---|
1504 | 1438 | | "ROLLBACK TAX RATE $__________ per $100 |
---|
1505 | 1439 | | "The no-new-revenue tax rate is the tax rate for the (current |
---|
1506 | 1440 | | tax year) tax year that will raise the same amount of property tax |
---|
1507 | 1441 | | revenue for (name of taxing unit) from the same properties in both |
---|
1508 | 1442 | | the (preceding tax year) tax year and the (current tax year) tax |
---|
1509 | 1443 | | year. |
---|
1510 | 1444 | | "The rollback tax rate is the highest tax rate that (name of |
---|
1511 | 1445 | | taxing unit) may adopt without holding an election to ratify the |
---|
1512 | 1446 | | rate. |
---|
1513 | 1447 | | "The proposed tax rate is greater than the no-new-revenue tax |
---|
1514 | 1448 | | rate. This means that (name of taxing unit) is proposing to |
---|
1515 | 1449 | | increase property taxes for the (current tax year) tax year. |
---|
1516 | 1450 | | "A public hearing on the proposed tax rate will be held on |
---|
1517 | 1451 | | (date and time) at (meeting place). |
---|
1525 | 1461 | | "Your taxes owed under any of the tax rates mentioned above |
---|
1526 | 1462 | | can be calculated as follows: |
---|
1527 | 1463 | | "Property tax amount = tax rate x taxable value of your |
---|
1528 | 1464 | | property / 100 |
---|
1529 | 1465 | | "(Names of all members of the governing body, showing how |
---|
1530 | 1466 | | each voted on the proposal to consider the tax increase or, if one |
---|
1531 | 1467 | | or more were absent, indicating the absences.)" |
---|
1532 | 1468 | | (b-3) If the proposed tax rate does not exceed the |
---|
1533 | 1469 | | no-new-revenue tax rate but exceeds the rollback tax rate of the |
---|
1534 | 1470 | | taxing unit, the notice must contain a statement in the following |
---|
1535 | 1471 | | form: |
---|
1536 | 1472 | | "NOTICE OF PUBLIC HEARING ON TAX RATE |
---|
1537 | 1473 | | "PROPOSED TAX RATE $__________ per $100 |
---|
1538 | 1474 | | "NO-NEW-REVENUE TAX RATE $__________ per $100 |
---|
1539 | 1475 | | "ROLLBACK TAX RATE $__________ per $100 |
---|
1540 | 1476 | | "The no-new-revenue tax rate is the tax rate for the (current |
---|
1541 | 1477 | | tax year) tax year that will raise the same amount of property tax |
---|
1542 | 1478 | | revenue for (name of taxing unit) from the same properties in both |
---|
1543 | 1479 | | the (preceding tax year) tax year and the (current tax year) tax |
---|
1544 | 1480 | | year. |
---|
1545 | 1481 | | "The rollback tax rate is the highest tax rate that (name of |
---|
1546 | 1482 | | taxing unit) may adopt without holding an election to ratify the |
---|
1547 | 1483 | | rate. |
---|
1548 | 1484 | | "The proposed tax rate is not greater than the no-new-revenue |
---|
1549 | 1485 | | tax rate. This means that (name of taxing unit) is not proposing to |
---|
1550 | 1486 | | increase property taxes for the (current tax year) tax year. |
---|
1551 | 1487 | | "A public hearing on the proposed tax rate will be held on |
---|
1552 | 1488 | | (date and time) at (meeting place). |
---|
1637 | 1570 | | Sections 26.061 and 26.062 to read as follows: |
---|
1638 | 1571 | | Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE |
---|
1639 | 1572 | | THAT DOES NOT EXCEED LOWER OF NO-NEW-REVENUE OR ROLLBACK TAX RATE. |
---|
1640 | 1573 | | (a) This section applies only to the governing body of a taxing |
---|
1641 | 1574 | | unit other than a school district that proposes to adopt a tax rate |
---|
1642 | 1575 | | that does not exceed the lower of the no-new-revenue tax rate or the |
---|
1643 | 1576 | | rollback tax rate calculated as provided by this chapter. |
---|
1644 | 1577 | | (b) The notice of the meeting at which the governing body of |
---|
1645 | 1578 | | the taxing unit will vote on the proposed tax rate must contain a |
---|
1646 | 1579 | | statement in the following form: |
---|
1647 | 1580 | | "NOTICE OF MEETING TO VOTE ON TAX RATE |
---|
1648 | 1581 | | "PROPOSED TAX RATE $__________ per $100 |
---|
1649 | 1582 | | "NO-NEW-REVENUE TAX RATE $__________ per $100 |
---|
1650 | 1583 | | "ROLLBACK TAX RATE $__________ per $100 |
---|
1651 | 1584 | | "The no-new-revenue tax rate is the tax rate for the (current |
---|
1652 | 1585 | | tax year) tax year that will raise the same amount of property tax |
---|
1653 | 1586 | | revenue for (name of taxing unit) from the same properties in both |
---|
1654 | 1587 | | the (preceding tax year) tax year and the (current tax year) tax |
---|
1655 | 1588 | | year. |
---|
1656 | 1589 | | "The rollback tax rate is the highest tax rate that (name of |
---|
1657 | 1590 | | taxing unit) may adopt without holding an election to ratify the |
---|
1658 | 1591 | | rate. |
---|
1659 | 1592 | | "The proposed tax rate is not greater than the no-new-revenue |
---|
1660 | 1593 | | tax rate. This means that (name of taxing unit) is not proposing to |
---|
1661 | 1594 | | increase property taxes for the (current tax year) tax year. |
---|
1662 | 1595 | | "A public meeting to vote on the proposed tax rate will be |
---|
1663 | 1596 | | held on (date and time) at (meeting place). |
---|
1664 | 1597 | | "The proposed tax rate is also not greater than the rollback |
---|
1665 | 1598 | | tax rate. As a result, (name of taxing unit) is not required to hold |
---|
1666 | 1599 | | an election to ratify the rate. However, you may express your |
---|
1667 | 1600 | | support for or opposition to the proposed tax rate by contacting the |
---|
1668 | 1601 | | members of the (name of governing body) of (name of taxing unit) at |
---|
1669 | 1602 | | their offices or by attending the public meeting mentioned above. |
---|
1670 | 1603 | | "Your taxes owed under any of the above rates can be |
---|
1671 | 1604 | | calculated as follows: |
---|
1672 | 1605 | | "Property tax amount = tax rate x taxable value of your |
---|
1673 | 1606 | | property / 100 |
---|
1674 | 1607 | | "(Names of all members of the governing body, showing how |
---|
1675 | 1608 | | each voted on the proposed tax rate or, if one or more were absent, |
---|
1676 | 1609 | | indicating the absences.)" |
---|
1677 | 1610 | | (c) In addition to including the information described by |
---|
1678 | 1611 | | Subsection (b), the notice must include the information described |
---|
1679 | 1612 | | by Section 26.062. |
---|
1682 | 1613 | | Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX |
---|
1683 | 1614 | | RATE NOTICE. (a) In addition to the information described by |
---|
1684 | 1615 | | Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a |
---|
1685 | 1616 | | notice required by that provision must include at the end of the |
---|
1686 | 1617 | | notice: |
---|
1687 | 1618 | | (1) a statement in the following form: |
---|
1688 | 1619 | | "The following table compares the taxes imposed on the |
---|
1689 | 1620 | | average residence homestead by (name of taxing unit) last year to |
---|
1690 | 1621 | | the taxes proposed to be imposed on the average residence homestead |
---|
1691 | 1622 | | by (name of taxing unit) this year:"; |
---|
1692 | 1623 | | (2) a table in the form required by this section |
---|
1693 | 1624 | | following the statement described by Subdivision (1); and |
---|
1694 | 1625 | | (3) a statement in the following form following the |
---|
1695 | 1626 | | table: |
---|
1696 | 1627 | | (A) if the tax assessor for the taxing unit |
---|
1697 | 1628 | | maintains an Internet website: "For assistance with tax |
---|
1698 | 1629 | | calculations, please contact the tax assessor for (name of taxing |
---|
1699 | 1630 | | unit) at (telephone number) or (e-mail address), or visit (Internet |
---|
1700 | 1631 | | website address) for more information."; or |
---|
1701 | 1632 | | (B) if the tax assessor for the taxing unit does |
---|
1702 | 1633 | | not maintain an Internet website: "For assistance with tax |
---|
1703 | 1634 | | calculations, please contact the tax assessor for (name of taxing |
---|
1704 | 1635 | | unit) at (telephone number) or (e-mail address)." |
---|
1705 | 1636 | | (b) The table must contain five rows and four columns. |
---|
1706 | 1637 | | (c) The first row must appear as follows: |
---|
1707 | 1638 | | (1) the first column of the first row must be left |
---|
1708 | 1639 | | blank; |
---|
1709 | 1640 | | (2) the second column of the first row must state the |
---|
1710 | 1641 | | year corresponding to the preceding tax year; |
---|
1711 | 1642 | | (3) the third column of the first row must state the |
---|
1712 | 1643 | | year corresponding to the current tax year; and |
---|
1713 | 1644 | | (4) the fourth column of the first row must be entitled |
---|
1714 | 1645 | | "Change". |
---|
1715 | 1646 | | (d) The second row must appear as follows: |
---|
1716 | 1647 | | (1) the first column of the second row must be entitled |
---|
1717 | 1648 | | "Total tax rate (per $100 of value)"; |
---|
1718 | 1649 | | (2) the second column of the second row must state the |
---|
1719 | 1650 | | adopted tax rate for the preceding tax year; |
---|
1720 | 1651 | | (3) the third column of the second row must state the |
---|
1721 | 1652 | | proposed tax rate for the current tax year; and |
---|
1722 | 1653 | | (4) the fourth column of the second row must state the |
---|
1723 | 1654 | | nominal and percentage difference between the adopted tax rate for |
---|
1724 | 1655 | | the preceding tax year and the proposed tax rate for the current tax |
---|
1725 | 1656 | | year as follows: "(increase or decrease, as applicable) of |
---|
1726 | 1657 | | (nominal difference between tax rate stated in second column of |
---|
1727 | 1658 | | second row and tax rate stated in third column of second row) per |
---|
1728 | 1659 | | $100, or (percentage difference between tax rate stated in second |
---|
1729 | 1660 | | column of second row and tax rate stated in third column of second |
---|
1730 | 1661 | | row)%". |
---|
1731 | 1662 | | (e) The third row must appear as follows: |
---|
1732 | 1663 | | (1) the first column of the third row must be entitled |
---|
1733 | 1664 | | "Average homestead taxable value"; |
---|
1734 | 1665 | | (2) the second column of the third row must state the |
---|
1735 | 1666 | | average taxable value of a residence homestead in the taxing unit |
---|
1736 | 1667 | | for the preceding tax year; |
---|
1737 | 1668 | | (3) the third column of the third row must state the |
---|
1738 | 1669 | | average taxable value of a residence homestead in the taxing unit |
---|
1739 | 1670 | | for the current tax year; and |
---|
1740 | 1671 | | (4) the fourth column of the third row must state the |
---|
1741 | 1672 | | percentage difference between the average taxable value of a |
---|
1742 | 1673 | | residence homestead in the taxing unit for the preceding tax year |
---|
1743 | 1674 | | and the average taxable value of a residence homestead in the taxing |
---|
1744 | 1675 | | unit for the current tax year as follows: "(increase or decrease, |
---|
1745 | 1676 | | as applicable) of (percentage difference between amount stated in |
---|
1746 | 1677 | | second column of third row and amount stated in third column of |
---|
1747 | 1678 | | third row)%". |
---|
1748 | 1679 | | (f) The fourth row must appear as follows: |
---|
1749 | 1680 | | (1) the first column of the fourth row must be entitled |
---|
1750 | 1681 | | "Tax on average homestead"; |
---|
1751 | 1682 | | (2) the second column of the fourth row must state the |
---|
1752 | 1683 | | amount of taxes imposed by the taxing unit in the preceding tax year |
---|
1753 | 1684 | | on a residence homestead with a taxable value equal to the average |
---|
1754 | 1685 | | taxable value of a residence homestead in the taxing unit in the |
---|
1755 | 1686 | | preceding tax year; |
---|
1756 | 1687 | | (3) the third column of the fourth row must state the |
---|
1757 | 1688 | | amount of taxes that would be imposed by the taxing unit in the |
---|
1758 | 1689 | | current tax year on a residence homestead with a taxable value equal |
---|
1759 | 1690 | | to the average taxable value of a residence homestead in the taxing |
---|
1760 | 1691 | | unit in the current tax year if the taxing unit adopted the proposed |
---|
1761 | 1692 | | tax rate; and |
---|
1762 | 1693 | | (4) the fourth column of the fourth row must state the |
---|
1763 | 1694 | | nominal and percentage difference between the amount of taxes |
---|
1764 | 1695 | | imposed by the taxing unit in the preceding tax year on a residence |
---|
1765 | 1696 | | homestead with a taxable value equal to the average taxable value of |
---|
1766 | 1697 | | a residence homestead in the taxing unit in the preceding tax year |
---|
1767 | 1698 | | and the amount of taxes that would be imposed by the taxing unit in |
---|
1768 | 1699 | | the current tax year on a residence homestead with a taxable value |
---|
1769 | 1700 | | equal to the average taxable value of a residence homestead in the |
---|
1770 | 1701 | | taxing unit in the current tax year if the taxing unit adopted the |
---|
1771 | 1702 | | proposed tax rate, as follows: "(increase or decrease, as |
---|
1772 | 1703 | | applicable) of (nominal difference between amount stated in second |
---|
1773 | 1704 | | column of fourth row and amount stated in third column of fourth |
---|
1774 | 1705 | | row), or (percentage difference between amount stated in second |
---|
1775 | 1706 | | column of fourth row and amount stated in third column of fourth |
---|
1776 | 1707 | | row)%". |
---|
1777 | 1708 | | (g) The fifth row must appear as follows: |
---|
1778 | 1709 | | (1) the first column of the fifth row must be entitled |
---|
1779 | 1710 | | "Total tax levy on all properties"; |
---|
1780 | 1711 | | (2) the second column of the fifth row must state the |
---|
1781 | 1712 | | amount equal to last year's levy; |
---|
1782 | 1713 | | (3) the third column of the fifth row must state the |
---|
1783 | 1714 | | amount computed by multiplying the proposed tax rate by the current |
---|
1784 | 1715 | | total value and dividing the product by 100; and |
---|
1785 | 1716 | | (4) the fourth column of the fifth row must state the |
---|
1786 | 1717 | | nominal and percentage difference between the total amount of taxes |
---|
1787 | 1718 | | imposed by the taxing unit in the preceding tax year and the amount |
---|
1788 | 1719 | | that would be imposed by the taxing unit in the current tax year if |
---|
1789 | 1720 | | the taxing unit adopted the proposed tax rate, as follows: |
---|
1790 | 1721 | | "(increase or decrease, as applicable) of (nominal difference |
---|
1791 | 1722 | | between amount stated in second column of fifth row and amount |
---|
1792 | 1723 | | stated in third column of fifth row), or (percentage difference |
---|
1793 | 1724 | | between amount stated in second column of fifth row and amount |
---|
1794 | 1725 | | stated in third column of fifth row)%". |
---|
1795 | 1726 | | (h) In calculating the average taxable value of a residence |
---|
1796 | 1727 | | homestead in the taxing unit for the preceding tax year and the |
---|
1797 | 1728 | | current tax year for purposes of Subsections (e) and (f), any |
---|
1798 | 1729 | | residence homestead exemption available only to disabled persons, |
---|
1799 | 1730 | | persons 65 years of age or older, or their surviving spouses must be |
---|
1800 | 1731 | | disregarded. |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
1917 | 1912 | | Subsections (a) and (d) and adding Subsections (a-1), (d-1), and |
---|
1918 | 1913 | | (d-2) to read as follows: |
---|
1919 | 1914 | | (a) Each county shall maintain an Internet website. The |
---|
1920 | 1915 | | county assessor-collector for each county [that maintains an |
---|
1921 | 1916 | | Internet website] shall post on the Internet website maintained by |
---|
1922 | 1917 | | [of] the county the following information for the most recent five |
---|
1923 | 1918 | | tax years [beginning with the 2012 tax year] for each taxing unit |
---|
1924 | 1919 | | all or part of the territory of which is located in the county: |
---|
1925 | 1920 | | (1) the adopted tax rate; |
---|
1926 | 1921 | | (2) the maintenance and operations rate; |
---|
1927 | 1922 | | (3) the debt rate; |
---|
1928 | 1923 | | (4) the no-new-revenue [effective] tax rate; |
---|
1929 | 1924 | | (5) the no-new-revenue [effective] maintenance and |
---|
1930 | 1925 | | operations rate; and |
---|
1931 | 1926 | | (6) the rollback tax rate. |
---|
1932 | 1927 | | (a-1) For purposes of Subsection (a), a reference to the |
---|
1933 | 1928 | | no-new-revenue tax rate or the no-new-revenue maintenance and |
---|
1934 | 1929 | | operations rate includes the equivalent effective tax rate or |
---|
1935 | 1930 | | effective maintenance and operations rate for a preceding year. |
---|
1936 | 1931 | | This subsection expires January 1, 2026. |
---|
1937 | 1932 | | (d) The county assessor-collector shall post immediately |
---|
1938 | 1933 | | below the table prescribed by Subsection (c) the following |
---|
1939 | 1934 | | statement: |
---|
1940 | 1935 | | "The county is providing this table of property tax rate |
---|
1941 | 1936 | | information as a service to the residents of the county. Each |
---|
1942 | 1937 | | individual taxing unit is responsible for calculating the property |
---|
1943 | 1938 | | tax rates listed in this table pertaining to that taxing unit and |
---|
1944 | 1939 | | providing that information to the county. |
---|
1945 | 1940 | | "The adopted tax rate is the tax rate adopted by the governing |
---|
1946 | 1941 | | body of a taxing unit. |
---|
1947 | 1942 | | "The maintenance and operations rate is the component of the |
---|
1948 | 1943 | | adopted tax rate of a taxing unit that will impose the amount of |
---|
1949 | 1944 | | taxes needed to fund maintenance and operation expenditures of the |
---|
1950 | 1945 | | taxing unit for the following year. |
---|
1951 | 1946 | | "The debt rate is the component of the adopted tax rate of a |
---|
1952 | 1947 | | taxing unit that will impose the amount of taxes needed to fund the |
---|
1953 | 1948 | | taxing unit's debt service for the following year. |
---|
1954 | 1949 | | "The no-new-revenue [effective] tax rate is the tax rate that |
---|
1955 | 1950 | | would generate the same amount of revenue in the current tax year as |
---|
1956 | 1951 | | was generated by a taxing unit's adopted tax rate in the preceding |
---|
1957 | 1952 | | tax year from property that is taxable in both the current tax year |
---|
1958 | 1953 | | and the preceding tax year. |
---|
1959 | 1954 | | "The no-new-revenue [effective] maintenance and operations |
---|
1960 | 1955 | | rate is the tax rate that would generate the same amount of revenue |
---|
1961 | 1956 | | for maintenance and operations in the current tax year as was |
---|
1962 | 1957 | | generated by a taxing unit's maintenance and operations rate in the |
---|
1963 | 1958 | | preceding tax year from property that is taxable in both the current |
---|
1964 | 1959 | | tax year and the preceding tax year. |
---|
1965 | 1960 | | "The rollback tax rate is the highest tax rate a taxing unit |
---|
1966 | 1961 | | may adopt before requiring voter approval at an election. An [In |
---|
1967 | 1962 | | the case of a taxing unit other than a school district, the voters |
---|
1968 | 1963 | | by petition may require that a rollback election be held if the unit |
---|
1969 | 1964 | | adopts a tax rate in excess of the unit's rollback tax rate. In the |
---|
1970 | 1965 | | case of a school district, an] election will automatically be held |
---|
1971 | 1966 | | if a taxing unit [the district] wishes to adopt a tax rate in excess |
---|
1972 | 1967 | | of the taxing unit's [district's] rollback tax rate." |
---|
1973 | 1968 | | (d-1) In addition to posting the information described by |
---|
1974 | 1969 | | Subsection (a), the county assessor-collector shall post on the |
---|
1975 | 1970 | | Internet website of the county for each taxing unit all or part of |
---|
1976 | 1971 | | the territory of which is located in the county: |
---|
1977 | 1972 | | (1) the tax rate calculation forms used by the |
---|
1978 | 1973 | | designated officer or employee of each taxing unit to calculate the |
---|
1979 | 1974 | | no-new-revenue and rollback tax rates of the taxing unit for the |
---|
1980 | 1975 | | most recent five tax years beginning with the 2020 tax year, as |
---|
1981 | 1976 | | certified by the designated officer or employee under Section |
---|
1982 | 1977 | | 26.04(d-2); and |
---|
1983 | 1978 | | (2) the name and official contact information for each |
---|
1984 | 1979 | | member of the governing body of the taxing unit. |
---|
1985 | 1980 | | (d-2) Not later than August 1, the county |
---|
1986 | 1981 | | assessor-collector shall post on the website the tax rate |
---|
1987 | 1982 | | calculation forms described by Subsection (d-1)(1) for the current |
---|
1988 | 1983 | | tax year. |
---|
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). |
---|
2091 | 2097 | | Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
---|
2092 | 2098 | | TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
---|
2093 | 2099 | | website or have access to a generally accessible Internet website |
---|
2094 | 2100 | | that may be used for the purposes of this section. Each taxing unit |
---|
2095 | 2101 | | shall post or cause to be posted on the Internet website the |
---|
2096 | 2102 | | following information in a format prescribed by the comptroller: |
---|
2097 | 2103 | | (1) the name of each member of the governing body of |
---|
2098 | 2104 | | the taxing unit; |
---|
2099 | 2105 | | (2) the mailing address, e-mail address, and telephone |
---|
2100 | 2106 | | number of the taxing unit; |
---|
2101 | 2107 | | (3) the official contact information for each member |
---|
2102 | 2108 | | of the governing body of the taxing unit, if that information is |
---|
2103 | 2109 | | different from the information described by Subdivision (2); |
---|
2104 | 2110 | | (4) the taxing unit's budget for the preceding two |
---|
2105 | 2111 | | years; |
---|
2106 | 2112 | | (5) the taxing unit's proposed or adopted budget for |
---|
2107 | 2113 | | the current year; |
---|
2108 | 2114 | | (6) the change in the amount of the taxing unit's |
---|
2109 | 2115 | | budget from the preceding year to the current year, by dollar amount |
---|
2110 | 2116 | | and percentage; |
---|
2111 | 2117 | | (7) in the case of a taxing unit other than a school |
---|
2112 | 2118 | | district, the amount of property tax revenue budgeted for |
---|
2113 | 2119 | | maintenance and operations for: |
---|
2114 | 2120 | | (A) the preceding two years; and |
---|
2115 | 2121 | | (B) the current year; |
---|
2116 | 2122 | | (8) in the case of a taxing unit other than a school |
---|
2117 | 2123 | | district, the amount of property tax revenue budgeted for debt |
---|
2118 | 2124 | | service for: |
---|
2119 | 2125 | | (A) the preceding two years; and |
---|
2120 | 2126 | | (B) the current year; |
---|
2121 | 2127 | | (9) the tax rate for maintenance and operations |
---|
2122 | 2128 | | adopted by the taxing unit for the preceding two years; |
---|
2123 | 2129 | | (10) in the case of a taxing unit other than a school |
---|
2124 | 2130 | | district, the tax rate for debt service adopted by the taxing unit |
---|
2125 | 2131 | | for the preceding two years; |
---|
2126 | 2132 | | (11) in the case of a school district, the interest and |
---|
2127 | 2133 | | sinking fund tax rate adopted by the district for the preceding two |
---|
2128 | 2134 | | years; |
---|
2129 | 2135 | | (12) the tax rate for maintenance and operations |
---|
2130 | 2136 | | proposed by the taxing unit for the current year; |
---|
2131 | 2137 | | (13) in the case of a taxing unit other than a school |
---|
2132 | 2138 | | district, the tax rate for debt service proposed by the taxing unit |
---|
2133 | 2139 | | for the current year; |
---|
2134 | 2140 | | (14) in the case of a school district, the interest and |
---|
2135 | 2141 | | sinking fund tax rate proposed by the district for the current year; |
---|
2136 | 2142 | | and |
---|
2137 | 2143 | | (15) the most recent financial audit of the taxing |
---|
2138 | 2144 | | unit. |
---|
2203 | 2237 | | Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to |
---|
2204 | 2238 | | read as follows: |
---|
2205 | 2239 | | (d) This subsection does not apply to a special panel |
---|
2206 | 2240 | | established under Section 6.425. An appraisal review board |
---|
2207 | 2241 | | consisting of more than three members may sit in panels of not fewer |
---|
2208 | 2242 | | than three members to conduct protest hearings. [However, the |
---|
2209 | 2243 | | determination of a protest heard by a panel must be made by the |
---|
2210 | 2244 | | board.] If the recommendation of a panel is not accepted by the |
---|
2211 | 2245 | | board, the board may refer the matter for rehearing to a panel |
---|
2212 | 2246 | | composed of members who did not hear the original protest [hearing] |
---|
2213 | 2247 | | or, if there are not at least three members who did not hear the |
---|
2214 | 2248 | | original protest, the board may determine the protest. [Before |
---|
2215 | 2249 | | determining a protest or conducting a rehearing before a new panel |
---|
2216 | 2250 | | or the board, the board shall deliver notice of the hearing or |
---|
2217 | 2251 | | meeting to determine the protest in accordance with the provisions |
---|
2218 | 2252 | | of this subchapter.] |
---|
2219 | 2253 | | (d-1) An appraisal review board to which Section 6.425 |
---|
2220 | 2254 | | applies shall sit in special panels established under that section |
---|
2221 | 2255 | | to conduct protest hearings. A special panel may conduct a protest |
---|
2222 | 2256 | | hearing relating to property only if the property is described by |
---|
2223 | 2257 | | Section 6.425(b) and the property owner has requested that a |
---|
2224 | 2258 | | special panel conduct the hearing or if the protest is assigned to |
---|
2225 | 2259 | | the special panel under Section 6.425(f). If the recommendation of |
---|
2226 | 2260 | | a special panel is not accepted by the board, the board may refer |
---|
2227 | 2261 | | the matter for rehearing to another special panel composed of |
---|
2228 | 2262 | | members who did not hear the original protest or, if there are not |
---|
2229 | 2263 | | at least three other special panel members who did not hear the |
---|
2230 | 2264 | | original protest, the board may determine the protest. |
---|
2231 | 2265 | | (d-2) The determination of a protest heard by a panel under |
---|
2232 | 2266 | | Subsection (d) or (d-1) must be made by the board. |
---|
2233 | 2267 | | (d-3) The board must deliver notice of a hearing or meeting |
---|
2234 | 2268 | | to determine a protest heard by a panel, or to rehear a protest, |
---|
2235 | 2269 | | under Subsection (d) or (d-1) in accordance with the provisions of |
---|
2236 | 2270 | | this subchapter. |
---|
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 |
---|
2270 | 2291 | | (2) inform the property owner that the owner or the |
---|
2271 | 2292 | | agent of the owner is entitled on request to [may inspect and may |
---|
2272 | 2293 | | obtain] a copy of the data, schedules, formulas, and all other |
---|
2273 | 2294 | | information the chief appraiser will [plans to] introduce at the |
---|
2274 | 2295 | | hearing to establish any matter at issue; and |
---|
2275 | 2296 | | (3) deliver a copy of the hearing procedures |
---|
2276 | 2297 | | established by the appraisal review board under Section 41.66 to |
---|
2277 | 2298 | | the property owner. |
---|
2278 | 2299 | | (b) The chief appraiser may not charge a property owner or |
---|
2279 | 2300 | | the designated agent of the owner for copies provided to the [an] |
---|
2280 | 2301 | | owner or designated agent under this section, regardless of the |
---|
2281 | 2302 | | manner in which the copies are prepared or delivered [may not exceed |
---|
2282 | 2303 | | the charge for copies of public information as provided under |
---|
2283 | 2304 | | Subchapter F, Chapter 552, Government Code, except: |
---|
2284 | 2305 | | [(1) the total charge for copies provided in |
---|
2285 | 2306 | | connection with a protest of the appraisal of residential property |
---|
2286 | 2307 | | may not exceed $15 for each residence; and |
---|
2287 | 2308 | | [(2) the total charge for copies provided in |
---|
2288 | 2309 | | connection with a protest of the appraisal of a single unit of |
---|
2289 | 2310 | | property subject to appraisal, other than residential property, may |
---|
2290 | 2311 | | not exceed $25]. |
---|
2291 | 2312 | | (c) A chief appraiser shall deliver information requested |
---|
2292 | 2313 | | by a property owner or the agent of the owner under Subsection |
---|
2293 | 2314 | | (a)(2): |
---|
2294 | 2315 | | (1) by regular first-class mail, deposited in the |
---|
2295 | 2316 | | United States mail, postage prepaid, and addressed to the property |
---|
2296 | 2317 | | owner or agent at the address provided in the request for the |
---|
2297 | 2318 | | information; |
---|
2298 | 2319 | | (2) in an electronic format as provided by an |
---|
2299 | 2320 | | agreement under Section 1.085; or |
---|
2300 | 2321 | | (3) subject to Subsection (d), by referring the |
---|
2301 | 2322 | | property owner or the agent of the owner to a secure Internet |
---|
2302 | 2323 | | website with user registration and authentication or to the exact |
---|
2303 | 2324 | | Internet location or uniform resource locator (URL) address on an |
---|
2304 | 2325 | | Internet website maintained by the appraisal district on which the |
---|
2305 | 2326 | | requested information is identifiable and readily available. |
---|
2306 | 2327 | | (d) If a chief appraiser provides a property owner or the |
---|
2352 | 2357 | | Subsections (h), (i), (j), and (k) and adding Subsections (j-1), |
---|
2353 | 2358 | | (k-1), and (p) to read as follows: |
---|
2354 | 2359 | | (h) The appraisal review board shall postpone a hearing on a |
---|
2355 | 2360 | | protest if the property owner or the designated agent of the owner |
---|
2356 | 2361 | | requests additional time to prepare for the hearing and establishes |
---|
2357 | 2362 | | to the board that the chief appraiser failed to comply with Section |
---|
2358 | 2363 | | 41.461. The board is not required to postpone a hearing more than |
---|
2359 | 2364 | | one time under this subsection. |
---|
2360 | 2365 | | (i) A hearing on a protest filed by a property owner or the |
---|
2361 | 2366 | | designated agent of the owner [who is not represented by an agent |
---|
2362 | 2367 | | designated under Section 1.111] shall be set for a time and date |
---|
2363 | 2368 | | certain. If the hearing is not commenced within two hours of the |
---|
2364 | 2369 | | time set for the hearing, the appraisal review board shall postpone |
---|
2365 | 2370 | | the hearing on the request of the property owner or the designated |
---|
2366 | 2371 | | agent of the owner. |
---|
2367 | 2372 | | (j) On the request of a property owner or the [a] designated |
---|
2368 | 2373 | | agent of the owner, an appraisal review board shall schedule |
---|
2369 | 2374 | | hearings on protests concerning up to 20 designated properties to |
---|
2370 | 2375 | | be held consecutively on the same day. The designated properties |
---|
2371 | 2376 | | must be identified in the same notice of protest, and the notice |
---|
2372 | 2377 | | must contain in boldfaced type the statement "request for same-day |
---|
2373 | 2378 | | protest hearings." A property owner or the designated agent of the |
---|
2374 | 2379 | | owner may [not] file more than one request under this subsection |
---|
2375 | 2380 | | with the appraisal review board in the same tax year. The appraisal |
---|
2376 | 2381 | | review board may schedule hearings on protests concerning more than |
---|
2377 | 2382 | | 20 properties filed by the same property owner or the designated |
---|
2378 | 2383 | | agent of the owner and may use different panels to conduct the |
---|
2379 | 2384 | | hearings based on the board's customary scheduling. The appraisal |
---|
2380 | 2385 | | review board may follow the practices customarily used by the board |
---|
2381 | 2386 | | in the scheduling of hearings under this subsection. |
---|
2382 | 2387 | | (j-1) An appraisal review board may schedule the hearings on |
---|
2383 | 2388 | | all protests filed by a property owner or the designated agent of |
---|
2384 | 2389 | | the owner to be held consecutively. The notice of the hearings must |
---|
2385 | 2390 | | state the date and time that the first hearing will begin, state the |
---|
2386 | 2391 | | date the last hearing will end, and list the order in which the |
---|
2387 | 2392 | | hearings will be held. The order of the hearings listed in the |
---|
2388 | 2393 | | notice may not be changed without the agreement of the property |
---|
2389 | 2394 | | owner or the designated agent of the owner, the chief appraiser, and |
---|
2390 | 2395 | | the appraisal review board. The board may not reschedule a hearing |
---|
2391 | 2396 | | for which notice is given under this subsection to a date earlier |
---|
2392 | 2397 | | than the seventh day after the date the last hearing was scheduled |
---|
2393 | 2398 | | to end unless agreed to by the property owner or the designated |
---|
2394 | 2399 | | agent of the owner, the chief appraiser, and the appraisal review |
---|
2395 | 2400 | | board. Unless agreed to by the parties, the board must provide |
---|
2396 | 2401 | | written notice of the date and time of the rescheduled hearing to |
---|
2397 | 2402 | | the property owner or the designated agent of the owner not later |
---|
2398 | 2403 | | than the seventh day before the date of the hearing. |
---|
2399 | 2404 | | (k) This subsection does not apply to a special panel |
---|
2400 | 2405 | | established under Section 6.425. If an appraisal review board sits |
---|
2401 | 2406 | | in panels to conduct protest hearings, protests shall be randomly |
---|
2402 | 2407 | | assigned to panels, except that the board may consider the type of |
---|
2403 | 2408 | | property subject to the protest or the ground of the protest for the |
---|
2404 | 2409 | | purpose of using the expertise of a particular panel in hearing |
---|
2405 | 2410 | | protests regarding particular types of property or based on |
---|
2406 | 2411 | | particular grounds. If a protest is scheduled to be heard by a |
---|
2407 | 2412 | | particular panel, the protest may not be reassigned to another |
---|
2408 | 2413 | | panel without the consent of the property owner or the designated |
---|
2409 | 2414 | | agent of the owner. If the appraisal review board has cause to |
---|
2410 | 2415 | | reassign a protest to another panel, a property owner or the |
---|
2411 | 2416 | | designated agent of the owner may agree to reassignment of the |
---|
2412 | 2417 | | protest or may request that the hearing on the protest be postponed. |
---|
2413 | 2418 | | The board shall postpone the hearing on that request. A change of |
---|
2414 | 2419 | | members of a panel because of a conflict of interest, illness, or |
---|
2415 | 2420 | | inability to continue participating in hearings for the remainder |
---|
2416 | 2421 | | of the day does not constitute reassignment of a protest to another |
---|
2417 | 2422 | | panel. |
---|
2418 | 2423 | | (k-1) On the request of a property owner or the designated |
---|
2419 | 2424 | | agent of the owner, an appraisal review board to which Section 6.425 |
---|
2420 | 2425 | | applies shall assign a protest relating to property described by |
---|
2421 | 2426 | | Section 6.425(b) to a special panel. In addition, the chairman of |
---|
2422 | 2427 | | the appraisal review board may assign a protest relating to |
---|
2423 | 2428 | | 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. |
---|
2487 | 2487 | | (3) complete the training program on property tax law |
---|
2488 | 2488 | | for the training and education of arbitrators established under |
---|
2489 | 2489 | | Section 5.043; and |
---|
2490 | 2490 | | (4) agree to conduct an arbitration for a fee that is |
---|
2491 | 2491 | | not more than: |
---|
2492 | 2492 | | (A) $400, if the property qualifies as the |
---|
2493 | 2493 | | owner's residence homestead under Section 11.13 and the appraised |
---|
2494 | 2494 | | or market value, as applicable, of the property is $500,000 or less, |
---|
2495 | 2495 | | as determined by the order; |
---|
2496 | 2496 | | (B) $450, if the property qualifies as the |
---|
2497 | 2497 | | owner's residence homestead under Section 11.13 and the appraised |
---|
2498 | 2498 | | or market value, as applicable, of the property is more than |
---|
2499 | 2499 | | $500,000, as determined by the order; |
---|
2500 | 2500 | | (C) $450, if the property does not qualify as the |
---|
2501 | 2501 | | owner's residence homestead under Section 11.13 and the appraised |
---|
2502 | 2502 | | or market value, as applicable, of the property is $1 million or |
---|
2503 | 2503 | | less, as determined by the order; |
---|
2504 | 2504 | | (D) $750, if the property does not qualify as the |
---|
2505 | 2505 | | owner's residence homestead under Section 11.13 and the appraised |
---|
2506 | 2506 | | or market value, as applicable, of the property is more than $1 |
---|
2507 | 2507 | | million but not more than $2 million, as determined by the order; |
---|
2508 | 2508 | | (E) $1,000, if the property does not qualify as |
---|
2509 | 2509 | | the owner's residence homestead under Section 11.13 and the |
---|
2510 | 2510 | | appraised or market value, as applicable, of the property is more |
---|
2511 | 2511 | | than $2 million but not more than $3 million, as determined by the |
---|
2512 | 2512 | | order; or |
---|
2513 | 2513 | | (F) $1,500, if the property does not qualify as |
---|
2514 | 2514 | | the owner's residence homestead under Section 11.13 and the |
---|
2515 | 2515 | | appraised or market value, as applicable, of the property is more |
---|
2516 | 2516 | | than $3 million but not more than $5 million, as determined by the |
---|
2517 | 2517 | | order. |
---|
2549 | 2531 | | amending Subsections (e), (f), and (g) and adding Subsection (h) to |
---|
2550 | 2532 | | read as follows: |
---|
2551 | 2533 | | (e) To be eligible for appointment as an arbitrator under |
---|
2552 | 2534 | | this section [Subsection (a)], the arbitrator must reside[: |
---|
2553 | 2535 | | [(1) in the county in which the property that is the |
---|
2554 | 2536 | | subject of the appeal is located; or |
---|
2555 | 2537 | | [(2)] in this state [if no available arbitrator on the |
---|
2556 | 2538 | | registry resides in that county]. |
---|
2557 | 2539 | | (f) A person is not eligible for appointment as an |
---|
2558 | 2540 | | arbitrator under this section [Subsection (a)] if at any time |
---|
2559 | 2541 | | during the preceding five years, the person has: |
---|
2560 | 2542 | | (1) represented a person for compensation in a |
---|
2561 | 2543 | | proceeding under this title in the appraisal district in which the |
---|
2562 | 2544 | | property that is the subject of the appeal is located; |
---|
2563 | 2545 | | (2) served as an officer or employee of that appraisal |
---|
2564 | 2546 | | district; or |
---|
2565 | 2547 | | (3) served as a member of the appraisal review board |
---|
2566 | 2548 | | for that appraisal district. |
---|
2567 | 2549 | | (g) The comptroller may not appoint an arbitrator under this |
---|
2568 | 2550 | | section [Subsection (a)] if the comptroller determines that there |
---|
2569 | 2551 | | is good cause not to appoint the arbitrator, including information |
---|
2570 | 2552 | | or evidence indicating repeated bias or misconduct by the person |
---|
2571 | 2553 | | while acting as an arbitrator. |
---|
2572 | 2554 | | (h) A property owner may request that, in appointing an |
---|
2573 | 2555 | | initial arbitrator under this section, the comptroller appoint an |
---|
2574 | 2556 | | arbitrator who resides in the county in which the property that is |
---|
2575 | 2557 | | the subject of the appeal is located or an arbitrator who resides |
---|
2576 | 2558 | | outside that county. In appointing an initial arbitrator under |
---|
2577 | 2559 | | Subsection (a), the comptroller shall comply with the request of |
---|
2578 | 2560 | | the property owner unless the property owner requests that the |
---|
2579 | 2561 | | comptroller appoint an arbitrator who resides in the county in |
---|
2580 | 2562 | | which the property that is the subject of the appeal is located and |
---|
2581 | 2563 | | there is not an available arbitrator who resides in that county. In |
---|
2582 | 2564 | | appointing a substitute arbitrator under Subsection (d), the |
---|
2583 | 2565 | | comptroller shall consider but is not required to comply with the |
---|
2584 | 2566 | | request of the property owner. This subsection does not authorize a |
---|
2585 | 2567 | | property owner to request the appointment of a specific individual |
---|
2586 | 2568 | | as an arbitrator. |
---|
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: |
---|
2668 | 2644 | | amended to read as follows: |
---|
2669 | 2645 | | (d) An adopted budget must contain a cover page that |
---|
2670 | 2646 | | includes: |
---|
2671 | 2647 | | (1) one of the following statements in 18-point or |
---|
2672 | 2648 | | larger type that accurately describes the adopted budget: |
---|
2673 | 2649 | | (A) "This budget will raise more revenue from |
---|
2674 | 2650 | | property taxes than last year's budget by an amount of (insert total |
---|
2675 | 2651 | | dollar amount of increase), which is a (insert percentage increase) |
---|
2676 | 2652 | | percent increase from last year's budget. The property tax revenue |
---|
2677 | 2653 | | to be raised from new property added to the tax roll this year is |
---|
2678 | 2654 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2679 | 2655 | | value of new property added to the roll)."; |
---|
2680 | 2656 | | (B) "This budget will raise less revenue from |
---|
2681 | 2657 | | property taxes than last year's budget by an amount of (insert total |
---|
2682 | 2658 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
2683 | 2659 | | percent decrease from last year's budget. The property tax revenue |
---|
2684 | 2660 | | to be raised from new property added to the tax roll this year is |
---|
2685 | 2661 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2686 | 2662 | | value of new property added to the roll)."; or |
---|
2687 | 2663 | | (C) "This budget will raise the same amount of |
---|
2688 | 2664 | | revenue from property taxes as last year's budget. The property tax |
---|
2689 | 2665 | | revenue to be raised from new property added to the tax roll this |
---|
2690 | 2666 | | year is (insert amount computed by multiplying the proposed tax |
---|
2691 | 2667 | | rate by the value of new property added to the roll)."; |
---|
2692 | 2668 | | (2) the record vote of each member of the governing |
---|
2693 | 2669 | | body by name voting on the adoption of the budget; |
---|
2694 | 2670 | | (3) the municipal property tax rates for the preceding |
---|
2695 | 2671 | | fiscal year, and each municipal property tax rate that has been |
---|
2696 | 2672 | | adopted or calculated for the current fiscal year, including: |
---|
2697 | 2673 | | (A) the property tax rate; |
---|
2698 | 2674 | | (B) the no-new-revenue [effective] tax rate; |
---|
2699 | 2675 | | (C) the no-new-revenue [effective] maintenance |
---|
2700 | 2676 | | and operations tax rate; |
---|
2701 | 2677 | | (D) the rollback tax rate; and |
---|
2702 | 2678 | | (E) the debt rate; and |
---|
2703 | 2679 | | (4) the total amount of municipal debt obligations. |
---|
2705 | 2681 | | amended to read as follows: |
---|
2706 | 2682 | | (d) An adopted budget must contain a cover page that |
---|
2707 | 2683 | | includes: |
---|
2708 | 2684 | | (1) one of the following statements in 18-point or |
---|
2709 | 2685 | | larger type that accurately describes the adopted budget: |
---|
2710 | 2686 | | (A) "This budget will raise more revenue from |
---|
2711 | 2687 | | property taxes than last year's budget by an amount of (insert total |
---|
2712 | 2688 | | dollar amount of increase), which is a (insert percentage increase) |
---|
2713 | 2689 | | percent increase from last year's budget. The property tax revenue |
---|
2714 | 2690 | | to be raised from new property added to the tax roll this year is |
---|
2715 | 2691 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2716 | 2692 | | value of new property added to the roll)."; |
---|
2717 | 2693 | | (B) "This budget will raise less revenue from |
---|
2718 | 2694 | | property taxes than last year's budget by an amount of (insert total |
---|
2719 | 2695 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
2720 | 2696 | | percent decrease from last year's budget. The property tax revenue |
---|
2721 | 2697 | | to be raised from new property added to the tax roll this year is |
---|
2722 | 2698 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2723 | 2699 | | value of new property added to the roll)."; or |
---|
2724 | 2700 | | (C) "This budget will raise the same amount of |
---|
2725 | 2701 | | revenue from property taxes as last year's budget. The property tax |
---|
2726 | 2702 | | revenue to be raised from new property added to the tax roll this |
---|
2727 | 2703 | | year is (insert amount computed by multiplying the proposed tax |
---|
2728 | 2704 | | rate by the value of new property added to the roll)."; |
---|
2729 | 2705 | | (2) the record vote of each member of the |
---|
2730 | 2706 | | commissioners court by name voting on the adoption of the budget; |
---|
2731 | 2707 | | (3) the county property tax rates for the preceding |
---|
2732 | 2708 | | fiscal year, and each county property tax rate that has been adopted |
---|
2733 | 2709 | | or calculated for the current fiscal year, including: |
---|
2734 | 2710 | | (A) the property tax rate; |
---|
2735 | 2711 | | (B) the no-new-revenue [effective] tax rate; |
---|
2736 | 2712 | | (C) the no-new-revenue [effective] maintenance |
---|
2737 | 2713 | | and operations tax rate; |
---|
2738 | 2714 | | (D) the rollback tax rate; and |
---|
2739 | 2715 | | (E) the debt rate; and |
---|
2740 | 2716 | | (4) the total amount of county debt obligations. |
---|
2742 | 2718 | | amended to read as follows: |
---|
2743 | 2719 | | (d) An adopted budget must contain a cover page that |
---|
2744 | 2720 | | includes: |
---|
2745 | 2721 | | (1) one of the following statements in 18-point or |
---|
2746 | 2722 | | larger type that accurately describes the adopted budget: |
---|
2747 | 2723 | | (A) "This budget will raise more revenue from |
---|
2748 | 2724 | | property taxes than last year's budget by an amount of (insert total |
---|
2749 | 2725 | | dollar amount of increase), which is a (insert percentage increase) |
---|
2750 | 2726 | | percent increase from last year's budget. The property tax revenue |
---|
2751 | 2727 | | to be raised from new property added to the tax roll this year is |
---|
2752 | 2728 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2753 | 2729 | | value of new property added to the roll)."; |
---|
2754 | 2730 | | (B) "This budget will raise less revenue from |
---|
2755 | 2731 | | property taxes than last year's budget by an amount of (insert total |
---|
2756 | 2732 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
2757 | 2733 | | percent decrease from last year's budget. The property tax revenue |
---|
2758 | 2734 | | to be raised from new property added to the tax roll this year is |
---|
2759 | 2735 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2760 | 2736 | | value of new property added to the roll)."; or |
---|
2761 | 2737 | | (C) "This budget will raise the same amount of |
---|
2762 | 2738 | | revenue from property taxes as last year's budget. The property tax |
---|
2763 | 2739 | | revenue to be raised from new property added to the tax roll this |
---|
2764 | 2740 | | year is (insert amount computed by multiplying the proposed tax |
---|
2765 | 2741 | | rate by the value of new property added to the roll)."; |
---|
2766 | 2742 | | (2) the record vote of each member of the |
---|
2767 | 2743 | | commissioners court by name voting on the adoption of the budget; |
---|
2768 | 2744 | | (3) the county property tax rates for the preceding |
---|
2769 | 2745 | | fiscal year, and each county property tax rate that has been adopted |
---|
2770 | 2746 | | or calculated for the current fiscal year, including: |
---|
2771 | 2747 | | (A) the property tax rate; |
---|
2772 | 2748 | | (B) the no-new-revenue [effective] tax rate; |
---|
2773 | 2749 | | (C) the no-new-revenue [effective] maintenance |
---|
2774 | 2750 | | and operations tax rate; |
---|
2775 | 2751 | | (D) the rollback tax rate; and |
---|
2776 | 2752 | | (E) the debt rate; and |
---|
2777 | 2753 | | (4) the total amount of county debt obligations. |
---|
2779 | 2755 | | amended to read as follows: |
---|
2780 | 2756 | | (c) An adopted budget must contain a cover page that |
---|
2781 | 2757 | | includes: |
---|
2782 | 2758 | | (1) one of the following statements in 18-point or |
---|
2783 | 2759 | | larger type that accurately describes the adopted budget: |
---|
2784 | 2760 | | (A) "This budget will raise more revenue from |
---|
2785 | 2761 | | property taxes than last year's budget by an amount of (insert total |
---|
2786 | 2762 | | dollar amount of increase), which is a (insert percentage increase) |
---|
2787 | 2763 | | percent increase from last year's budget. The property tax revenue |
---|
2788 | 2764 | | to be raised from new property added to the tax roll this year is |
---|
2789 | 2765 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2790 | 2766 | | value of new property added to the roll)."; |
---|
2791 | 2767 | | (B) "This budget will raise less revenue from |
---|
2792 | 2768 | | property taxes than last year's budget by an amount of (insert total |
---|
2793 | 2769 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
2794 | 2770 | | percent decrease from last year's budget. The property tax revenue |
---|
2795 | 2771 | | to be raised from new property added to the tax roll this year is |
---|
2796 | 2772 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
2797 | 2773 | | value of new property added to the roll)."; or |
---|
2798 | 2774 | | (C) "This budget will raise the same amount of |
---|
2799 | 2775 | | revenue from property taxes as last year's budget. The property tax |
---|
2800 | 2776 | | revenue to be raised from new property added to the tax roll this |
---|
2801 | 2777 | | year is (insert amount computed by multiplying the proposed tax |
---|
2802 | 2778 | | rate by the value of new property added to the roll)."; |
---|
2803 | 2779 | | (2) the record vote of each member of the |
---|
2804 | 2780 | | commissioners court by name voting on the adoption of the budget; |
---|
2805 | 2781 | | (3) the county property tax rates for the preceding |
---|
2806 | 2782 | | fiscal year, and each county property tax rate that has been adopted |
---|
2807 | 2783 | | or calculated for the current fiscal year, including: |
---|
2808 | 2784 | | (A) the property tax rate; |
---|
2809 | 2785 | | (B) the no-new-revenue [effective] tax rate; |
---|
2810 | 2786 | | (C) the no-new-revenue [effective] maintenance |
---|
2811 | 2787 | | and operations tax rate; |
---|
2812 | 2788 | | (D) the rollback tax rate; and |
---|
2813 | 2789 | | (E) the debt rate; and |
---|
2814 | 2790 | | (4) the total amount of county debt obligations. |
---|
2853 | 2833 | | added by Chapter 335 (S.B. 392), Acts of the 78th Legislature, |
---|
2854 | 2834 | | Regular Session, 2003, are amended to read as follows: |
---|
2855 | 2835 | | (a) Before the board adopts an ad valorem tax rate for the |
---|
2856 | 2836 | | district for debt service, operation and maintenance purposes, or |
---|
2857 | 2837 | | contract purposes, the board shall give notice of each meeting of |
---|
2858 | 2838 | | the board at which the adoption of a tax rate will be considered. |
---|
2859 | 2839 | | The notice must: |
---|
2860 | 2840 | | (1) contain a statement in substantially the following |
---|
2861 | 2841 | | form: |
---|
2862 | 2842 | | "NOTICE OF PUBLIC HEARING ON TAX RATE |
---|
2863 | 2843 | | "The (name of the district) will hold a public hearing on a |
---|
2864 | 2844 | | proposed tax rate for the tax year (year of tax levy) on (date and |
---|
2865 | 2845 | | time) at (meeting place). Your individual taxes may increase at a |
---|
2866 | 2846 | | greater or lesser rate, or even decrease, depending on the tax rate |
---|
2867 | 2847 | | that is adopted and on the change in the taxable value of your |
---|
2868 | 2848 | | property in relation to the change in taxable value of all other |
---|
2869 | 2849 | | property [and the tax rate that is adopted]. The change in the |
---|
2870 | 2850 | | taxable value of your property in relation to the change in the |
---|
2871 | 2851 | | taxable value of all other property determines the distribution of |
---|
2872 | 2852 | | the tax burden among all property owners. |
---|
2873 | 2853 | | "(Names of all board members and, if a vote was taken, an |
---|
2874 | 2854 | | indication of how each voted on the proposed tax rate and an |
---|
2875 | 2855 | | indication of any absences.)"; |
---|
2876 | 2856 | | (2) contain the following information: |
---|
2877 | 2857 | | (A) the district's total adopted tax rate for the |
---|
2878 | 2858 | | preceding year and the proposed tax rate, expressed as an amount per |
---|
2879 | 2859 | | $100; |
---|
2880 | 2860 | | (B) the difference, expressed as an amount per |
---|
2881 | 2861 | | $100 and as a percent increase or decrease, as applicable, in the |
---|
2882 | 2862 | | proposed tax rate compared to the adopted tax rate for the preceding |
---|
2883 | 2863 | | year; |
---|
2884 | 2864 | | (C) the average appraised value of a residence |
---|
2885 | 2865 | | homestead in the district in the preceding year and in the current |
---|
2886 | 2866 | | year; the district's total homestead exemption, other than an |
---|
2887 | 2867 | | exemption available only to disabled persons or persons 65 years of |
---|
2888 | 2868 | | age or older, applicable to that appraised value in each of those |
---|
2889 | 2869 | | years; and the average taxable value of a residence homestead in the |
---|
2890 | 2870 | | district in each of those years, disregarding any homestead |
---|
2891 | 2871 | | exemption available only to disabled persons or persons 65 years of |
---|
2892 | 2872 | | age or older; |
---|
2893 | 2873 | | (D) the amount of tax that would have been |
---|
2894 | 2874 | | imposed by the district in the preceding year on a residence |
---|
2895 | 2875 | | homestead appraised at the average appraised value of a residence |
---|
2896 | 2876 | | homestead in that year, disregarding any homestead exemption |
---|
2897 | 2877 | | available only to disabled persons or persons 65 years of age or |
---|
2898 | 2878 | | older; |
---|
2899 | 2879 | | (E) the amount of tax that would be imposed by the |
---|
2900 | 2880 | | district in the current year on a residence homestead appraised at |
---|
2901 | 2881 | | the average appraised value of a residence homestead in that year, |
---|
2902 | 2882 | | disregarding any homestead exemption available only to disabled |
---|
2903 | 2883 | | persons or persons 65 years of age or older, if the proposed tax |
---|
2904 | 2884 | | rate is adopted; [and] |
---|
2905 | 2885 | | (F) the difference between the amounts of tax |
---|
2906 | 2886 | | calculated under Paragraphs (D) and (E), expressed in dollars and |
---|
2907 | 2887 | | cents and described as the annual percentage increase or decrease, |
---|
2908 | 2888 | | as applicable, in the tax to be imposed by the district on the |
---|
2909 | 2889 | | average residence homestead in the district in the current year if |
---|
2910 | 2890 | | the proposed tax rate is adopted; and |
---|
2911 | 2891 | | (G) if the proposed combined debt service, |
---|
2912 | 2892 | | operation and maintenance, and contract tax rate exceeds the |
---|
2913 | 2893 | | rollback tax rate, a description of the purpose of the proposed tax |
---|
2914 | 2894 | | increase; and |
---|
2915 | 2895 | | (3) contain a statement in substantially the following |
---|
2916 | 2896 | | form: |
---|
2917 | 2897 | | "NOTICE OF VOTE ON TAX RATE [TAXPAYERS' RIGHT TO ROLLBACK ELECTION] |
---|
2918 | 2898 | | "If operation and maintenance taxes on the average residence |
---|
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: |
---|
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 |
---|
3108 | 3102 | | this Act takes effect January 1, 2020. |
---|
3109 | 3103 | | (b) The following provisions take effect September 1, 2020: |
---|
3110 | 3104 | | (1) Sections 6.41(b) and (d-9), Tax Code, as amended |
---|
3111 | 3105 | | by this Act; |
---|
3112 | 3106 | | (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, |
---|
3113 | 3107 | | as added by this Act; |
---|
3114 | 3108 | | (3) Section 6.414(d), Tax Code, as amended by this |
---|
3115 | 3109 | | Act; |
---|
3116 | 3110 | | (4) Section 6.425, Tax Code, as added by this Act; |
---|
3117 | 3111 | | (5) Section 41.44(d), Tax Code, as amended by this |
---|
3118 | 3112 | | Act; |
---|
3119 | 3113 | | (6) Section 41.45(d), Tax Code, as amended by this |
---|
3120 | 3114 | | Act; |
---|
3121 | 3115 | | (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, |
---|
3122 | 3116 | | as added by this Act; |
---|
3123 | 3117 | | (8) Section 41.66(k), Tax Code, as amended by this |
---|
3124 | 3118 | | Act; and |
---|
3125 | 3119 | | (9) Section 41.66(k-1), Tax Code, as added by this |
---|
3126 | 3120 | | Act. |
---|
3127 | 3121 | | (c) The following provisions take effect January 1, 2021: |
---|
3128 | 3122 | | (1) Sections 25.19(b-3) and (b-4), Tax Code, as added |
---|
3129 | 3123 | | by this Act; |
---|
3130 | 3124 | | (2) Sections 26.04(d-1), (d-2), (d-3), (e-2), (e-3), |
---|
3131 | 3125 | | (e-4), and (e-5), Tax Code, as added by this Act; |
---|
3132 | 3126 | | (3) Sections 26.04(e-1) and (g), Tax Code, as amended |
---|
3133 | 3127 | | by this Act; |
---|
3134 | 3128 | | (4) Sections 26.05(d-1) and (d-2), Tax Code, as added |
---|
3135 | 3129 | | by this Act; and |
---|
3136 | 3130 | | (5) Section 26.05(e), Tax Code, as amended by this |
---|
3137 | 3131 | | Act. |
---|
3138 | 3132 | | (d) Sections 25.19(b) and (i), Tax Code, as amended by this |
---|
3139 | 3133 | | Act, take effect January 1, 2022. |
---|