1 | 1 | | 86R3750 SMH-F |
---|
2 | 2 | | By: Shine H.B. No. 490 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the administration of the ad valorem tax system. |
---|
8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
9 | 9 | | SECTION 1. Chapter 5, Tax Code, is amended by adding Section |
---|
10 | 10 | | 5.01 to read as follows: |
---|
11 | 11 | | Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. |
---|
12 | 12 | | (a) The comptroller shall appoint the property tax administration |
---|
13 | 13 | | advisory board to advise the comptroller with respect to the |
---|
14 | 14 | | division or divisions within the office of the comptroller with |
---|
15 | 15 | | primary responsibility for state administration of property |
---|
16 | 16 | | taxation and state oversight of appraisal districts. The advisory |
---|
17 | 17 | | board may make recommendations to the comptroller regarding |
---|
18 | 18 | | improving the effectiveness and efficiency of the property tax |
---|
19 | 19 | | system, best practices, and complaint resolution procedures. The |
---|
20 | 20 | | comptroller shall post the recommendations of the advisory board on |
---|
21 | 21 | | the comptroller's Internet website. |
---|
22 | 22 | | (b) The advisory board is composed of at least six members |
---|
23 | 23 | | appointed by the comptroller. The members of the board should |
---|
24 | 24 | | include: |
---|
25 | 25 | | (1) representatives of property tax payers, appraisal |
---|
26 | 26 | | districts, local tax offices, and school districts; and |
---|
27 | 27 | | (2) a person who has knowledge or experience in |
---|
28 | 28 | | conducting ratio studies. |
---|
29 | 29 | | (c) The members of the advisory board serve at the pleasure |
---|
30 | 30 | | of the comptroller. |
---|
31 | 31 | | (d) Any advice to the comptroller relating to a matter |
---|
32 | 32 | | described by Subsection (a) that is provided by a member of the |
---|
33 | 33 | | advisory board must be provided at a meeting called by the |
---|
34 | 34 | | comptroller. |
---|
35 | 35 | | (e) Chapter 2110, Government Code, does not apply to the |
---|
36 | 36 | | advisory board. |
---|
37 | 37 | | SECTION 2. Section 5.07, Tax Code, is amended by adding |
---|
38 | 38 | | Subsections (f), (g), (h), and (i) to read as follows: |
---|
39 | 39 | | (f) The comptroller shall prescribe tax rate calculation |
---|
40 | 40 | | forms to be used by the designated officer or employee of each |
---|
41 | 41 | | taxing unit to calculate and submit the no-new-revenue tax rate and |
---|
42 | 42 | | the rollback tax rate for the taxing unit as required by Chapter 26. |
---|
43 | 43 | | (g) The forms described by Subsection (f) must be in an |
---|
44 | 44 | | electronic format and: |
---|
45 | 45 | | (1) have blanks that can be filled in electronically; |
---|
46 | 46 | | (2) be capable of being certified by the designated |
---|
47 | 47 | | officer or employee after completion as accurately calculating the |
---|
48 | 48 | | applicable tax rates and using values that are the same as the |
---|
49 | 49 | | values shown in the taxing unit's certified appraisal roll; and |
---|
50 | 50 | | (3) be capable of being submitted electronically to |
---|
51 | 51 | | the chief appraiser of each appraisal district in which the taxing |
---|
52 | 52 | | unit is located. |
---|
53 | 53 | | (h) For purposes of Subsections (f) and (g), the comptroller |
---|
54 | 54 | | shall use the forms published on the comptroller's Internet website |
---|
55 | 55 | | as of January 1, 2019, modified as necessary to comply with the |
---|
56 | 56 | | requirements of those subsections. The forms may be updated, at the |
---|
57 | 57 | | discretion of the comptroller acting through the director of the |
---|
58 | 58 | | property tax assistance division, to reflect statutory changes that |
---|
59 | 59 | | do not substantially change the tax rate calculations provided for |
---|
60 | 60 | | by the form or for the purpose of making formatting or other |
---|
61 | 61 | | nonsubstantive changes. The director may determine, in the |
---|
62 | 62 | | director's discretion, whether a proposed change substantially |
---|
63 | 63 | | changes the tax rate calculations provided for by the forms and |
---|
64 | 64 | | therefore must be made in the manner provided by Subsection (i). |
---|
65 | 65 | | (i) The comptroller may revise the forms to reflect |
---|
66 | 66 | | statutory changes that substantially change the tax rate |
---|
67 | 67 | | calculations provided for by the forms or on receipt of a request in |
---|
68 | 68 | | writing. A revision under this subsection must be approved by the |
---|
69 | 69 | | agreement of a majority of the members of a committee selected by |
---|
70 | 70 | | the comptroller. The members of the committee must represent, |
---|
71 | 71 | | equally, taxpayers and either taxing units or persons designated by |
---|
72 | 72 | | taxing units. In the case of a revision for which the comptroller |
---|
73 | 73 | | receives a request in writing, the person requesting the revision |
---|
74 | 74 | | shall pay the costs of mediation if the comptroller determines that |
---|
75 | 75 | | mediation is required. |
---|
76 | 76 | | SECTION 3. Section 5.091, Tax Code, is amended to read as |
---|
77 | 77 | | follows: |
---|
78 | 78 | | Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the |
---|
79 | 79 | | comptroller shall prepare a list that includes the maintenance and |
---|
80 | 80 | | operations rate, the debt rate, and the total tax rate imposed by |
---|
81 | 81 | | each taxing unit in this state, as [other than a school district, if |
---|
82 | 82 | | the tax rate is] reported to the comptroller by each appraisal |
---|
83 | 83 | | district, for the year [preceding the year] in which the list is |
---|
84 | 84 | | prepared. The comptroller shall: |
---|
85 | 85 | | (1) prescribe the manner in which and deadline by |
---|
86 | 86 | | which appraisal districts are required to submit the tax rates to |
---|
87 | 87 | | the comptroller; and |
---|
88 | 88 | | (2) list the tax rates alphabetically according to: |
---|
89 | 89 | | (A) the county or counties in which each taxing |
---|
90 | 90 | | unit is located; and |
---|
91 | 91 | | (B) the name of each taxing unit [in descending |
---|
92 | 92 | | order]. |
---|
93 | 93 | | (b) Not later than January 1 [December 31] of the following |
---|
94 | 94 | | [each] year, the comptroller shall publish on the comptroller's |
---|
95 | 95 | | Internet website the list required by Subsection (a). The |
---|
96 | 96 | | comptroller shall maintain the list on the comptroller's Internet |
---|
97 | 97 | | website until at least the third anniversary of the date the list is |
---|
98 | 98 | | required to be published. |
---|
99 | 99 | | SECTION 4. Section 5.102(a), Tax Code, is amended to read as |
---|
100 | 100 | | follows: |
---|
101 | 101 | | (a) At least once every two years, the comptroller shall |
---|
102 | 102 | | review the governance of each appraisal district, the taxpayer |
---|
103 | 103 | | assistance provided by each appraisal district, and the operating |
---|
104 | 104 | | and appraisal standards, procedures, and methodology used by each |
---|
105 | 105 | | appraisal district, to determine compliance with generally |
---|
106 | 106 | | accepted standards, procedures, and methodology. After |
---|
107 | 107 | | consultation with the property tax administration advisory board |
---|
108 | 108 | | [committee created under Section 403.302, Government Code], the |
---|
109 | 109 | | comptroller by rule may establish procedures and standards for |
---|
110 | 110 | | conducting and scoring the review. |
---|
111 | 111 | | SECTION 5. Sections 25.19(b) and (i), Tax Code, are amended |
---|
112 | 112 | | to read as follows: |
---|
113 | 113 | | (b) The chief appraiser shall separate real from personal |
---|
114 | 114 | | property and include in the notice for each: |
---|
115 | 115 | | (1) a list of the taxing units in which the property is |
---|
116 | 116 | | taxable; |
---|
117 | 117 | | (2) the appraised value of the property in the |
---|
118 | 118 | | preceding year; |
---|
119 | 119 | | (3) the taxable value of the property in the preceding |
---|
120 | 120 | | year for each taxing unit taxing the property; |
---|
121 | 121 | | (4) the appraised value of the property for the |
---|
122 | 122 | | current year, the kind and amount of each exemption and partial |
---|
123 | 123 | | exemption, if any, approved for the property for the current year |
---|
124 | 124 | | and for the preceding year, and, if an exemption or partial |
---|
125 | 125 | | exemption that was approved for the preceding year was canceled or |
---|
126 | 126 | | reduced for the current year, the amount of the exemption or partial |
---|
127 | 127 | | exemption canceled or reduced; |
---|
128 | 128 | | (5) [if the appraised value is greater than it was in |
---|
129 | 129 | | the preceding year, the amount of tax that would be imposed on the |
---|
130 | 130 | | property on the basis of the tax rate for the preceding year; |
---|
131 | 131 | | [(6)] in italic typeface, the following |
---|
132 | 132 | | statement: "The Texas Legislature does not set the amount of your |
---|
133 | 133 | | local taxes. Your property tax bill [burden] is set [decided] by |
---|
134 | 134 | | your locally elected officials, and all inquiries concerning your |
---|
135 | 135 | | taxes should be directed to those officials"; |
---|
136 | 136 | | (6) [(7)] a detailed explanation of the time and |
---|
137 | 137 | | procedure for protesting the value; |
---|
138 | 138 | | (7) [(8)] the date and place the appraisal review |
---|
139 | 139 | | board will begin hearing protests; and |
---|
140 | 140 | | (8) [(9)] a brief explanation that the governing body |
---|
141 | 141 | | of each taxing unit decides whether or not taxes on the property |
---|
142 | 142 | | will increase and the appraisal district only determines the value |
---|
143 | 143 | | of the property. |
---|
144 | 144 | | (i) Delivery with a notice required by Subsection (a) or (g) |
---|
145 | 145 | | of a copy of the pamphlet published by the comptroller under Section |
---|
146 | 146 | | 5.06 or a copy of the notice published by the chief appraiser under |
---|
147 | 147 | | Section 41.70 is sufficient to comply with the requirement that the |
---|
148 | 148 | | notice include the information specified by Subsection (b)(6) |
---|
149 | 149 | | [(b)(7)] or (g)(3), as applicable. |
---|
150 | 150 | | SECTION 6. Section 26.012(9), Tax Code, is redesignated as |
---|
151 | 151 | | Section 26.012(18), Tax Code, and amended to read as follows: |
---|
152 | 152 | | (18) "No-new-revenue [(9) "Effective] maintenance |
---|
153 | 153 | | and operations rate" means a rate expressed in dollars per $100 of |
---|
154 | 154 | | taxable value and calculated according to the following formula: |
---|
155 | 155 | | NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS |
---|
156 | 156 | | RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST |
---|
157 | 157 | | YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - |
---|
158 | 158 | | NEW PROPERTY VALUE) |
---|
159 | 159 | | SECTION 7. The heading to Section 26.04, Tax Code, is |
---|
160 | 160 | | amended to read as follows: |
---|
161 | 161 | | Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
---|
162 | 162 | | NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES. |
---|
163 | 163 | | SECTION 8. Section 26.04, Tax Code, is amended by amending |
---|
164 | 164 | | Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and |
---|
165 | 165 | | adding Subsections (d-1), (d-2), (e-2), (e-3), and (e-4) to read as |
---|
166 | 166 | | follows: |
---|
167 | 167 | | (b) The assessor shall submit the appraisal roll for the |
---|
168 | 168 | | taxing unit showing the total appraised, assessed, and taxable |
---|
169 | 169 | | values of all property and the total taxable value of new property |
---|
170 | 170 | | to the governing body of the taxing unit by August 1 or as soon |
---|
171 | 171 | | thereafter as practicable. By August 1 or as soon thereafter as |
---|
172 | 172 | | practicable, the taxing unit's collector shall certify [an estimate |
---|
173 | 173 | | of] the anticipated collection rate, as defined by Subsection (h), |
---|
174 | 174 | | for the current year to the governing body. If the collector |
---|
175 | 175 | | certified an anticipated collection rate in the preceding year and |
---|
176 | 176 | | the actual collection rate in that year exceeded the anticipated |
---|
177 | 177 | | rate, the collector shall also certify the amount of debt taxes |
---|
178 | 178 | | collected in excess of the anticipated amount in the preceding |
---|
179 | 179 | | year. |
---|
180 | 180 | | (c) After the assessor for the taxing unit submits the |
---|
181 | 181 | | appraisal roll for the taxing unit to the governing body of the |
---|
182 | 182 | | taxing unit as required by Subsection (b), an [An] officer or |
---|
183 | 183 | | employee designated by the governing body shall calculate the |
---|
184 | 184 | | no-new-revenue [effective] tax rate and the rollback tax rate for |
---|
185 | 185 | | the taxing unit, where: |
---|
186 | 186 | | (1) "No-new-revenue [Effective] tax rate" means a rate |
---|
187 | 187 | | expressed in dollars per $100 of taxable value calculated according |
---|
188 | 188 | | to the following formula: |
---|
189 | 189 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST |
---|
190 | 190 | | YEAR'S LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL |
---|
191 | 191 | | VALUE - NEW PROPERTY VALUE) |
---|
192 | 192 | | ; and |
---|
193 | 193 | | (2) "Rollback tax rate" means a rate expressed in |
---|
194 | 194 | | dollars per $100 of taxable value calculated according to the |
---|
195 | 195 | | following formula: |
---|
196 | 196 | | ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] |
---|
197 | 197 | | MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
---|
198 | 198 | | RATE |
---|
199 | 199 | | (d) The no-new-revenue [effective] tax rate for a county is |
---|
200 | 200 | | the sum of the no-new-revenue [effective] tax rates calculated for |
---|
201 | 201 | | each type of tax the county levies and the rollback tax rate for a |
---|
202 | 202 | | county is the sum of the rollback tax rates calculated for each type |
---|
203 | 203 | | of tax the county levies. |
---|
204 | 204 | | (d-1) The designated officer or employee shall use the tax |
---|
205 | 205 | | rate calculation forms prescribed by the comptroller under Section |
---|
206 | 206 | | 5.07 in calculating the no-new-revenue tax rate and the rollback |
---|
207 | 207 | | tax rate. |
---|
208 | 208 | | (d-2) The designated officer or employee may not submit the |
---|
209 | 209 | | no-new-revenue tax rate and the rollback tax rate to the governing |
---|
210 | 210 | | body of the taxing unit and the taxing unit may not adopt a tax rate |
---|
211 | 211 | | until the designated officer or employee certifies on the tax rate |
---|
212 | 212 | | calculation forms that the designated officer or employee has |
---|
213 | 213 | | accurately calculated the tax rates and has used values that are the |
---|
214 | 214 | | same as the values shown in the taxing unit's certified appraisal |
---|
215 | 215 | | roll in performing the calculations. |
---|
216 | 216 | | (e) By August 7 or as soon thereafter as practicable, the |
---|
217 | 217 | | designated officer or employee shall submit the rates to the |
---|
218 | 218 | | governing body. The designated officer or employee [He] shall |
---|
219 | 219 | | deliver by mail to each property owner in the taxing unit, [or] |
---|
220 | 220 | | publish in a newspaper, or post prominently on the home page of the |
---|
221 | 221 | | taxing unit's Internet website, if applicable, in the form |
---|
222 | 222 | | prescribed by the comptroller: |
---|
223 | 223 | | (1) the no-new-revenue [effective] tax rate, the |
---|
224 | 224 | | rollback tax rate, and an explanation of how they were calculated; |
---|
225 | 225 | | (2) the estimated amount of interest and sinking fund |
---|
226 | 226 | | balances and the estimated amount of maintenance and operation or |
---|
227 | 227 | | general fund balances remaining at the end of the current fiscal |
---|
228 | 228 | | year that are not encumbered with or by corresponding existing debt |
---|
229 | 229 | | obligation; |
---|
230 | 230 | | (3) a schedule of the taxing unit's debt obligations |
---|
231 | 231 | | showing: |
---|
232 | 232 | | (A) the amount of principal and interest that |
---|
233 | 233 | | will be paid to service the taxing unit's debts in the next year |
---|
234 | 234 | | from property tax revenue, including payments of lawfully incurred |
---|
235 | 235 | | contractual obligations providing security for the payment of the |
---|
236 | 236 | | principal of and interest on bonds and other evidences of |
---|
237 | 237 | | indebtedness issued on behalf of the taxing unit by another |
---|
238 | 238 | | political subdivision and, if the taxing unit is created under |
---|
239 | 239 | | Section 52, Article III, or Section 59, Article XVI, Texas |
---|
240 | 240 | | Constitution, payments on debts that the taxing unit anticipates to |
---|
241 | 241 | | incur in the next calendar year; |
---|
242 | 242 | | (B) the amount by which taxes imposed for debt |
---|
243 | 243 | | are to be increased because of the taxing unit's anticipated |
---|
244 | 244 | | collection rate; and |
---|
245 | 245 | | (C) the total of the amounts listed in Paragraphs |
---|
246 | 246 | | (A)-(B), less any amount collected in excess of the previous year's |
---|
247 | 247 | | anticipated collections certified as provided in Subsection (b); |
---|
248 | 248 | | (4) the amount of additional sales and use tax revenue |
---|
249 | 249 | | anticipated in calculations under Section 26.041; |
---|
250 | 250 | | (5) a statement that the adoption of a tax rate equal |
---|
251 | 251 | | to the no-new-revenue [effective] tax rate would result in an |
---|
252 | 252 | | increase or decrease, as applicable, in the amount of taxes imposed |
---|
253 | 253 | | by the taxing unit as compared to last year's levy, and the amount |
---|
254 | 254 | | of the increase or decrease; |
---|
255 | 255 | | (6) in the year that a taxing unit calculates an |
---|
256 | 256 | | adjustment under Subsection (i) or (j), a schedule that includes |
---|
257 | 257 | | the following elements: |
---|
258 | 258 | | (A) the name of the taxing unit discontinuing the |
---|
259 | 259 | | department, function, or activity; |
---|
260 | 260 | | (B) the amount of property tax revenue spent by |
---|
261 | 261 | | the taxing unit listed under Paragraph (A) to operate the |
---|
262 | 262 | | discontinued department, function, or activity in the 12 months |
---|
263 | 263 | | preceding the month in which the calculations required by this |
---|
264 | 264 | | chapter are made; and |
---|
265 | 265 | | (C) the name of the taxing unit that operates a |
---|
266 | 266 | | distinct department, function, or activity in all or a majority of |
---|
267 | 267 | | the territory of a taxing unit that has discontinued operating the |
---|
268 | 268 | | distinct department, function, or activity; and |
---|
269 | 269 | | (7) in the year following the year in which a taxing |
---|
270 | 270 | | unit raised its rollback tax rate as required by Subsection (j), a |
---|
271 | 271 | | schedule that includes the following elements: |
---|
272 | 272 | | (A) the amount of property tax revenue spent by |
---|
273 | 273 | | the taxing unit to operate the department, function, or activity |
---|
274 | 274 | | for which the taxing unit raised the rollback tax rate as required |
---|
275 | 275 | | by Subsection (j) for the 12 months preceding the month in which the |
---|
276 | 276 | | calculations required by this chapter are made; and |
---|
277 | 277 | | (B) the amount published by the taxing unit in |
---|
278 | 278 | | the preceding tax year under Subdivision (6)(B). |
---|
279 | 279 | | (e-1) The tax rate certification requirements imposed by |
---|
280 | 280 | | Subsection (d-2) and the notice requirements imposed by Subsections |
---|
281 | 281 | | (e)(1)-(6) do not apply to a school district. |
---|
282 | 282 | | (e-2) By August 7 or as soon thereafter as practicable, the |
---|
283 | 283 | | chief appraiser of each appraisal district shall deliver by regular |
---|
284 | 284 | | mail or e-mail to each owner of property located in the appraisal |
---|
285 | 285 | | district a notice that the estimated amount of taxes to be imposed |
---|
286 | 286 | | on the owner's property by each taxing unit in which the property is |
---|
287 | 287 | | located may be found in the property tax database maintained by the |
---|
288 | 288 | | appraisal district under Section 26.17. The notice must include: |
---|
289 | 289 | | (1) a statement directing the property owner to an |
---|
290 | 290 | | Internet website from which the owner may access information |
---|
291 | 291 | | related to the actions taken or proposed to be taken by each taxing |
---|
292 | 292 | | unit in which the property is located that may affect the taxes |
---|
293 | 293 | | imposed on the owner's property; |
---|
294 | 294 | | (2) a statement that the property owner may request |
---|
295 | 295 | | from the county assessor-collector for the county in which the |
---|
296 | 296 | | property is located or, if the county assessor-collector does not |
---|
297 | 297 | | assess taxes for the county, the person who assesses taxes for the |
---|
298 | 298 | | county under Section 6.24(b), contact information for the assessor |
---|
299 | 299 | | for each taxing unit in which the property is located, who must |
---|
300 | 300 | | provide the information described by this subsection to the owner |
---|
301 | 301 | | on request; and |
---|
302 | 302 | | (3) the name, address, and telephone number of the |
---|
303 | 303 | | county assessor-collector for the county in which the property is |
---|
304 | 304 | | located or, if the county assessor-collector does not assess taxes |
---|
305 | 305 | | for the county, the person who assesses taxes for the county under |
---|
306 | 306 | | Section 6.24(b). |
---|
307 | 307 | | (e-3) The statement described by Subsection (e-2)(1) must |
---|
308 | 308 | | include a heading that is in bold, capital letters in type larger |
---|
309 | 309 | | than that used in the other provisions of the notice. |
---|
310 | 310 | | (e-4) The comptroller: |
---|
311 | 311 | | (1) with the advice of the property tax administration |
---|
312 | 312 | | advisory board, shall adopt rules prescribing the form of the |
---|
313 | 313 | | notice required by Subsection (e-2); and |
---|
314 | 314 | | (2) may adopt rules regarding the format and delivery |
---|
315 | 315 | | of the notice. |
---|
316 | 316 | | (f) If as a result of consolidation of taxing units a taxing |
---|
317 | 317 | | unit includes territory that was in two or more taxing units in the |
---|
318 | 318 | | preceding year, the amount of taxes imposed in each in the preceding |
---|
319 | 319 | | year is combined for purposes of calculating the no-new-revenue |
---|
320 | 320 | | [effective] and rollback tax rates under this section. |
---|
321 | 321 | | (g) A person who owns taxable property is entitled to an |
---|
322 | 322 | | injunction prohibiting the taxing unit in which the property is |
---|
323 | 323 | | taxable from adopting a tax rate if the assessor or designated |
---|
324 | 324 | | officer or employee of the taxing unit, the chief appraiser of the |
---|
325 | 325 | | applicable appraisal district, or the taxing unit, as applicable, |
---|
326 | 326 | | has not complied with the computation, [or] publication, or posting |
---|
327 | 327 | | requirements of this section or Section 26.17 or 26.18 [and the |
---|
328 | 328 | | failure to comply was not in good faith]. It is a defense in an |
---|
329 | 329 | | action for an injunction under this subsection that the failure to |
---|
330 | 330 | | comply was in good faith. |
---|
331 | 331 | | (i) This subsection applies to a taxing unit that has agreed |
---|
332 | 332 | | by written contract to transfer a distinct department, function, or |
---|
333 | 333 | | activity to another taxing unit and discontinues operating that |
---|
334 | 334 | | distinct department, function, or activity if the operation of that |
---|
335 | 335 | | department, function, or activity in all or a majority of the |
---|
336 | 336 | | territory of the taxing unit is continued by another existing |
---|
337 | 337 | | taxing unit or by a new taxing unit. The rollback tax rate of a |
---|
338 | 338 | | taxing unit to which this subsection applies in the first tax year |
---|
339 | 339 | | in which a budget is adopted that does not allocate revenue to the |
---|
340 | 340 | | discontinued department, function, or activity is calculated as |
---|
341 | 341 | | otherwise provided by this section, except that last year's levy |
---|
342 | 342 | | used to calculate the no-new-revenue [effective] maintenance and |
---|
343 | 343 | | operations rate of the taxing unit is reduced by the amount of |
---|
344 | 344 | | maintenance and operations tax revenue spent by the taxing unit to |
---|
345 | 345 | | operate the department, function, or activity for the 12 months |
---|
346 | 346 | | preceding the month in which the calculations required by this |
---|
347 | 347 | | chapter are made and in which the taxing unit operated the |
---|
348 | 348 | | discontinued department, function, or activity. If the taxing unit |
---|
349 | 349 | | did not operate that department, function, or activity for the full |
---|
350 | 350 | | 12 months preceding the month in which the calculations required by |
---|
351 | 351 | | this chapter are made, the taxing unit shall reduce last year's levy |
---|
352 | 352 | | used for calculating the no-new-revenue [effective] maintenance |
---|
353 | 353 | | and operations rate of the taxing unit by the amount of the revenue |
---|
354 | 354 | | spent in the last full fiscal year in which the taxing unit operated |
---|
355 | 355 | | the discontinued department, function, or activity. |
---|
356 | 356 | | (j) This subsection applies to a taxing unit that had agreed |
---|
357 | 357 | | by written contract to accept the transfer of a distinct |
---|
358 | 358 | | department, function, or activity from another taxing unit and |
---|
359 | 359 | | operates a distinct department, function, or activity if the |
---|
360 | 360 | | operation of a substantially similar department, function, or |
---|
361 | 361 | | activity in all or a majority of the territory of the taxing unit |
---|
362 | 362 | | has been discontinued by another taxing unit, including a dissolved |
---|
363 | 363 | | taxing unit. The rollback tax rate of a taxing unit to which this |
---|
364 | 364 | | subsection applies in the first tax year after the other taxing unit |
---|
365 | 365 | | discontinued the substantially similar department, function, or |
---|
366 | 366 | | activity in which a budget is adopted that allocates revenue to the |
---|
367 | 367 | | department, function, or activity is calculated as otherwise |
---|
368 | 368 | | provided by this section, except that last year's levy used to |
---|
369 | 369 | | calculate the no-new-revenue [effective] maintenance and |
---|
370 | 370 | | operations rate of the taxing unit is increased by the amount of |
---|
371 | 371 | | maintenance and operations tax revenue spent by the taxing unit |
---|
372 | 372 | | that discontinued operating the substantially similar department, |
---|
373 | 373 | | function, or activity to operate that department, function, or |
---|
374 | 374 | | activity for the 12 months preceding the month in which the |
---|
375 | 375 | | calculations required by this chapter are made and in which the |
---|
376 | 376 | | taxing unit operated the discontinued department, function, or |
---|
377 | 377 | | activity. If the taxing unit did not operate the discontinued |
---|
378 | 378 | | department, function, or activity for the full 12 months preceding |
---|
379 | 379 | | the month in which the calculations required by this chapter are |
---|
380 | 380 | | made, the taxing unit may increase last year's levy used to |
---|
381 | 381 | | calculate the no-new-revenue [effective] maintenance and |
---|
382 | 382 | | operations rate by an amount not to exceed the amount of property |
---|
383 | 383 | | tax revenue spent by the discontinuing taxing unit to operate the |
---|
384 | 384 | | discontinued department, function, or activity in the last full |
---|
385 | 385 | | fiscal year in which the discontinuing taxing unit operated the |
---|
386 | 386 | | department, function, or activity. |
---|
387 | 387 | | SECTION 9. Sections 26.041(a), (b), (c), (e), (g), and (h), |
---|
388 | 388 | | Tax Code, are amended to read as follows: |
---|
389 | 389 | | (a) In the first year in which an additional sales and use |
---|
390 | 390 | | tax is required to be collected, the no-new-revenue [effective] tax |
---|
391 | 391 | | rate and rollback tax rate for the taxing unit are calculated |
---|
392 | 392 | | according to the following formulas: |
---|
393 | 393 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S |
---|
394 | 394 | | LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
---|
395 | 395 | | PROPERTY VALUE)] - SALES TAX GAIN RATE |
---|
396 | 396 | | and |
---|
397 | 397 | | ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE] |
---|
398 | 398 | | MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT |
---|
399 | 399 | | RATE - SALES TAX GAIN RATE |
---|
400 | 400 | | where "sales tax gain rate" means a number expressed in dollars per |
---|
401 | 401 | | $100 of taxable value, calculated by dividing the revenue that will |
---|
402 | 402 | | be generated by the additional sales and use tax in the following |
---|
403 | 403 | | year as calculated under Subsection (d) [of this section] by the |
---|
404 | 404 | | current total value. |
---|
405 | 405 | | (b) Except as provided by Subsections (a) and (c) [of this |
---|
406 | 406 | | section], in a year in which a taxing unit imposes an additional |
---|
407 | 407 | | sales and use tax, the rollback tax rate for the taxing unit is |
---|
408 | 408 | | calculated according to the following formula, regardless of |
---|
409 | 409 | | whether the taxing unit levied a property tax in the preceding year: |
---|
410 | 410 | | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
---|
411 | 411 | | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL |
---|
412 | 412 | | VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - |
---|
413 | 413 | | SALES TAX REVENUE RATE) |
---|
414 | 414 | | where "last year's maintenance and operations expense" means the |
---|
415 | 415 | | amount spent for maintenance and operations from property tax and |
---|
416 | 416 | | additional sales and use tax revenues in the preceding year, and |
---|
417 | 417 | | "sales tax revenue rate" means a number expressed in dollars per |
---|
418 | 418 | | $100 of taxable value, calculated by dividing the revenue that will |
---|
419 | 419 | | be generated by the additional sales and use tax in the current year |
---|
420 | 420 | | as calculated under Subsection (d) [of this section] by the current |
---|
421 | 421 | | total value. |
---|
422 | 422 | | (c) In a year in which a taxing unit that has been imposing |
---|
423 | 423 | | an additional sales and use tax ceases to impose an additional sales |
---|
424 | 424 | | and use tax, the no-new revenue [effective] tax rate and rollback |
---|
425 | 425 | | tax rate for the taxing unit are calculated according to the |
---|
426 | 426 | | following formulas: |
---|
427 | 427 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S |
---|
428 | 428 | | LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW |
---|
429 | 429 | | PROPERTY VALUE)] + SALES TAX LOSS RATE |
---|
430 | 430 | | and |
---|
431 | 431 | | ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND |
---|
432 | 432 | | OPERATIONS EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL |
---|
433 | 433 | | VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE |
---|
434 | 434 | | where "sales tax loss rate" means a number expressed in dollars per |
---|
435 | 435 | | $100 of taxable value, calculated by dividing the amount of sales |
---|
436 | 436 | | and use tax revenue generated in the last four quarters for which |
---|
437 | 437 | | the information is available by the current total value and "last |
---|
438 | 438 | | year's maintenance and operations expense" means the amount spent |
---|
439 | 439 | | for maintenance and operations from property tax and additional |
---|
440 | 440 | | sales and use tax revenues in the preceding year. |
---|
441 | 441 | | (e) If a city that imposes an additional sales and use tax |
---|
442 | 442 | | receives payments under the terms of a contract executed before |
---|
443 | 443 | | January 1, 1986, in which the city agrees not to annex certain |
---|
444 | 444 | | property or a certain area and the owners or lessees of the property |
---|
445 | 445 | | or of property in the area agree to pay at least annually to the city |
---|
446 | 446 | | an amount determined by reference to all or a percentage of the |
---|
447 | 447 | | property tax rate of the city and all or a part of the value of the |
---|
448 | 448 | | property subject to the agreement or included in the area subject to |
---|
449 | 449 | | the agreement, the governing body, by order adopted by a majority |
---|
450 | 450 | | vote of the governing body, may direct the designated officer or |
---|
451 | 451 | | employee to add to the no-new-revenue [effective] and rollback tax |
---|
452 | 452 | | rates the amount that, when applied to the total taxable value |
---|
453 | 453 | | submitted to the governing body, would produce an amount of taxes |
---|
454 | 454 | | equal to the difference between the total amount of payments for the |
---|
455 | 455 | | tax year under contracts described by this subsection under the |
---|
456 | 456 | | rollback tax rate calculated under this section and the total |
---|
457 | 457 | | amount of payments for the tax year that would have been obligated |
---|
458 | 458 | | to the city if the city had not adopted an additional sales and use |
---|
459 | 459 | | tax. |
---|
460 | 460 | | (g) If the rate of the additional sales and use tax is |
---|
461 | 461 | | increased, the designated officer or employee shall make two |
---|
462 | 462 | | projections, in the manner provided by Subsection (d) [of this |
---|
463 | 463 | | section], of the revenue generated by the additional sales and use |
---|
464 | 464 | | tax in the following year. The first projection must take into |
---|
465 | 465 | | account the increase and the second projection must not take into |
---|
466 | 466 | | account the increase. The designated officer or employee shall |
---|
467 | 467 | | then subtract the amount of the result of the second projection from |
---|
468 | 468 | | the amount of the result of the first projection to determine the |
---|
469 | 469 | | revenue generated as a result of the increase in the additional |
---|
470 | 470 | | sales and use tax. In the first year in which an additional sales |
---|
471 | 471 | | and use tax is increased, the no-new-revenue [effective] tax rate |
---|
472 | 472 | | for the taxing unit is the no-new-revenue [effective] tax rate |
---|
473 | 473 | | before the increase minus a number the numerator of which is the |
---|
474 | 474 | | revenue generated as a result of the increase in the additional |
---|
475 | 475 | | sales and use tax, as determined under this subsection, and the |
---|
476 | 476 | | denominator of which is the current total value minus the new |
---|
477 | 477 | | property value. |
---|
478 | 478 | | (h) If the rate of the additional sales and use tax is |
---|
479 | 479 | | decreased, the designated officer or employee shall make two |
---|
480 | 480 | | projections, in the manner provided by Subsection (d) [of this |
---|
481 | 481 | | section], of the revenue generated by the additional sales and use |
---|
482 | 482 | | tax in the following year. The first projection must take into |
---|
483 | 483 | | account the decrease and the second projection must not take into |
---|
484 | 484 | | account the decrease. The designated officer or employee shall |
---|
485 | 485 | | then subtract the amount of the result of the first projection from |
---|
486 | 486 | | the amount of the result of the second projection to determine the |
---|
487 | 487 | | revenue lost as a result of the decrease in the additional sales and |
---|
488 | 488 | | use tax. In the first year in which an additional sales and use tax |
---|
489 | 489 | | is decreased, the no-new-revenue [effective] tax rate for the |
---|
490 | 490 | | taxing unit is the no-new-revenue [effective] tax rate before the |
---|
491 | 491 | | decrease plus a number the numerator of which is the revenue lost as |
---|
492 | 492 | | a result of the decrease in the additional sales and use tax, as |
---|
493 | 493 | | determined under this subsection, and the denominator of which is |
---|
494 | 494 | | the current total value minus the new property value. |
---|
495 | 495 | | SECTION 10. The heading to Section 26.043, Tax Code, is |
---|
496 | 496 | | amended to read as follows: |
---|
497 | 497 | | Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX |
---|
498 | 498 | | RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. |
---|
499 | 499 | | SECTION 11. Sections 26.043(a) and (b), Tax Code, are |
---|
500 | 500 | | amended to read as follows: |
---|
501 | 501 | | (a) In the tax year in which a city has set an election on |
---|
502 | 502 | | the question of whether to impose a local sales and use tax under |
---|
503 | 503 | | Subchapter H, Chapter 453, Transportation Code, the officer or |
---|
504 | 504 | | employee designated to make the calculations provided by Section |
---|
505 | 505 | | 26.04 may not make those calculations until the outcome of the |
---|
506 | 506 | | election is determined. If the election is determined in favor of |
---|
507 | 507 | | the imposition of the tax, the designated officer or employee |
---|
508 | 508 | | [representative] shall subtract from the city's rollback and |
---|
509 | 509 | | no-new-revenue [effective] tax rates the amount that, if applied to |
---|
510 | 510 | | the city's current total value, would impose an amount equal to the |
---|
511 | 511 | | amount of property taxes budgeted in the current tax year to pay for |
---|
512 | 512 | | expenses related to mass transit services. |
---|
513 | 513 | | (b) In a tax year to which this section applies, a reference |
---|
514 | 514 | | in this chapter to the city's no-new-revenue [effective] or |
---|
515 | 515 | | rollback tax rate refers to that rate as adjusted under this |
---|
516 | 516 | | section. |
---|
517 | 517 | | SECTION 12. The heading to Section 26.044, Tax Code, is |
---|
518 | 518 | | amended to read as follows: |
---|
519 | 519 | | Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR |
---|
520 | 520 | | STATE CRIMINAL JUSTICE MANDATE. |
---|
521 | 521 | | SECTION 13. Sections 26.044(a), (b), and (c), Tax Code, are |
---|
522 | 522 | | amended to read as follows: |
---|
523 | 523 | | (a) The first time that a county adopts a tax rate after |
---|
524 | 524 | | September 1, 1991, in which the state criminal justice mandate |
---|
525 | 525 | | applies to the county, the no-new-revenue [effective] maintenance |
---|
526 | 526 | | and operation rate for the county is increased by the rate |
---|
527 | 527 | | calculated according to the following formula: |
---|
528 | 528 | | (State Criminal Justice Mandate) / (Current Total |
---|
529 | 529 | | Value - New Property Value) |
---|
530 | 530 | | (b) In the second and subsequent years that a county adopts |
---|
531 | 531 | | a tax rate, if the amount spent by the county for the state criminal |
---|
532 | 532 | | justice mandate increased over the previous year, the |
---|
533 | 533 | | no-new-revenue [effective] maintenance and operation rate for the |
---|
534 | 534 | | county is increased by the rate calculated according to the |
---|
535 | 535 | | following formula: |
---|
536 | 536 | | (This Year's State Criminal Justice Mandate - Previous |
---|
537 | 537 | | Year's State Criminal Justice Mandate) / (Current |
---|
538 | 538 | | Total Value - New Property Value) |
---|
539 | 539 | | (c) The county shall include a notice of the increase in the |
---|
540 | 540 | | no-new-revenue [effective] maintenance and operation rate provided |
---|
541 | 541 | | by this section, including a description and amount of the state |
---|
542 | 542 | | criminal justice mandate, in the information published under |
---|
543 | 543 | | Section 26.04(e) and Section 26.06(b) [of this code]. |
---|
544 | 544 | | SECTION 14. Sections 26.0441(a), (b), and (c), Tax Code, |
---|
545 | 545 | | are amended to read as follows: |
---|
546 | 546 | | (a) In the first tax year in which a taxing unit adopts a tax |
---|
547 | 547 | | rate after January 1, 2000, and in which the enhanced minimum |
---|
548 | 548 | | eligibility standards for indigent health care established under |
---|
549 | 549 | | Section 61.006, Health and Safety Code, apply to the taxing unit, |
---|
550 | 550 | | the no-new-revenue [effective] maintenance and operations rate for |
---|
551 | 551 | | the taxing unit is increased by the rate computed according to the |
---|
552 | 552 | | following formula: |
---|
553 | 553 | | Amount of Increase = Enhanced Indigent Health Care |
---|
554 | 554 | | Expenditures / (Current Total Value - New Property |
---|
555 | 555 | | Value) |
---|
556 | 556 | | (b) In each subsequent tax year, if the taxing unit's |
---|
557 | 557 | | enhanced indigent health care expenses exceed the amount of those |
---|
558 | 558 | | expenses for the preceding year, the no-new-revenue [effective] |
---|
559 | 559 | | maintenance and operations rate for the taxing unit is increased by |
---|
560 | 560 | | the rate computed according to the following formula: |
---|
561 | 561 | | Amount of Increase = (Current Tax Year's Enhanced |
---|
562 | 562 | | Indigent Health Care Expenditures - Preceding Tax |
---|
563 | 563 | | Year's Indigent Health Care Expenditures) / (Current |
---|
564 | 564 | | Total Value - New Property Value) |
---|
565 | 565 | | (c) The taxing unit shall include a notice of the increase |
---|
566 | 566 | | in its no-new-revenue [effective] maintenance and operations rate |
---|
567 | 567 | | provided by this section, including a brief description and the |
---|
568 | 568 | | amount of the enhanced indigent health care expenditures, in the |
---|
569 | 569 | | information published under Section 26.04(e) and, if applicable, |
---|
570 | 570 | | Section 26.06(b). |
---|
571 | 571 | | SECTION 15. Section 26.05, Tax Code, is amended by amending |
---|
572 | 572 | | Subsections (b), (c), (d), (e), and (g) and adding Subsections |
---|
573 | 573 | | (d-1) and (d-2) to read as follows: |
---|
574 | 574 | | (b) A taxing unit may not impose property taxes in any year |
---|
575 | 575 | | until the governing body has adopted a tax rate for that year, and |
---|
576 | 576 | | the annual tax rate must be set by ordinance, resolution, or order, |
---|
577 | 577 | | depending on the method prescribed by law for adoption of a law by |
---|
578 | 578 | | the governing body. The vote on the ordinance, resolution, or order |
---|
579 | 579 | | setting the tax rate must be separate from the vote adopting the |
---|
580 | 580 | | budget. For a taxing unit other than a school district, the vote on |
---|
581 | 581 | | the ordinance, resolution, or order setting a tax rate that exceeds |
---|
582 | 582 | | the no-new-revenue [effective] tax rate must be a record vote, and |
---|
583 | 583 | | at least 60 percent of the members of the governing body must vote |
---|
584 | 584 | | in favor of the ordinance, resolution, or order. For a school |
---|
585 | 585 | | district, the vote on the ordinance, resolution, or order setting a |
---|
586 | 586 | | tax rate that exceeds the sum of the no-new-revenue [effective] |
---|
587 | 587 | | maintenance and operations tax rate of the district as determined |
---|
588 | 588 | | under Section 26.08(i) and the district's current debt rate must be |
---|
589 | 589 | | a record vote, and at least 60 percent of the members of the |
---|
590 | 590 | | governing body must vote in favor of the ordinance, resolution, or |
---|
591 | 591 | | order. A motion to adopt an ordinance, resolution, or order setting |
---|
592 | 592 | | a tax rate that exceeds the no-new-revenue [effective] tax rate |
---|
593 | 593 | | must be made in the following form: "I move that the property tax |
---|
594 | 594 | | rate be increased by the adoption of a tax rate of (specify tax |
---|
595 | 595 | | rate), which is effectively a (insert percentage by which the |
---|
596 | 596 | | proposed tax rate exceeds the no-new-revenue [effective] tax rate) |
---|
597 | 597 | | percent increase in the tax rate." If the ordinance, resolution, or |
---|
598 | 598 | | order sets a tax rate that, if applied to the total taxable value, |
---|
599 | 599 | | will impose an amount of taxes to fund maintenance and operation |
---|
600 | 600 | | expenditures of the taxing unit that exceeds the amount of taxes |
---|
601 | 601 | | imposed for that purpose in the preceding year, the taxing unit |
---|
602 | 602 | | must: |
---|
603 | 603 | | (1) include in the ordinance, resolution, or order in |
---|
604 | 604 | | type larger than the type used in any other portion of the document: |
---|
605 | 605 | | (A) the following statement: "THIS TAX RATE WILL |
---|
606 | 606 | | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S |
---|
607 | 607 | | TAX RATE."; and |
---|
608 | 608 | | (B) if the tax rate exceeds the no-new-revenue |
---|
609 | 609 | | [effective] maintenance and operations rate, the following |
---|
610 | 610 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
611 | 611 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
612 | 612 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
613 | 613 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
614 | 614 | | APPROXIMATELY $(Insert amount)."; and |
---|
615 | 615 | | (2) include on the home page of any Internet website |
---|
616 | 616 | | operated by the taxing unit: |
---|
617 | 617 | | (A) the following statement: "(Insert name of |
---|
618 | 618 | | taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR |
---|
619 | 619 | | MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and |
---|
620 | 620 | | (B) if the tax rate exceeds the no-new-revenue |
---|
621 | 621 | | [effective] maintenance and operations rate, the following |
---|
622 | 622 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
623 | 623 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
624 | 624 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
625 | 625 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
626 | 626 | | APPROXIMATELY $(Insert amount)." |
---|
627 | 627 | | (c) If the governing body of a taxing unit does not adopt a |
---|
628 | 628 | | tax rate before the date required by Subsection (a), the tax rate |
---|
629 | 629 | | for the taxing unit for that tax year is the lower of the |
---|
630 | 630 | | no-new-revenue [effective] tax rate calculated for that tax year or |
---|
631 | 631 | | the tax rate adopted by the taxing unit for the preceding tax year. |
---|
632 | 632 | | A tax rate established by this subsection is treated as an adopted |
---|
633 | 633 | | tax rate. Before the fifth day after the establishment of a tax |
---|
634 | 634 | | rate by this subsection, the governing body of the taxing unit must |
---|
635 | 635 | | ratify the applicable tax rate in the manner required by Subsection |
---|
636 | 636 | | (b). |
---|
637 | 637 | | (d) The governing body of a taxing unit other than a school |
---|
638 | 638 | | district may not adopt a tax rate that exceeds the lower of the |
---|
639 | 639 | | rollback tax rate or the no-new-revenue [effective] tax rate |
---|
640 | 640 | | calculated as provided by this chapter until the governing body has |
---|
641 | 641 | | held two public hearings on the proposed tax rate and has otherwise |
---|
642 | 642 | | complied with Section 26.06 and Section 26.065. The governing body |
---|
643 | 643 | | of a taxing unit shall reduce a tax rate set by law or by vote of the |
---|
644 | 644 | | electorate to the lower of the rollback tax rate or the |
---|
645 | 645 | | no-new-revenue [effective] tax rate and may not adopt a higher rate |
---|
646 | 646 | | unless it first complies with Section 26.06. |
---|
647 | 647 | | (d-1) The governing body of a taxing unit other than a |
---|
648 | 648 | | school district may not hold a public hearing on a proposed tax rate |
---|
649 | 649 | | or a public meeting to adopt a tax rate until the seventh day after |
---|
650 | 650 | | the date the chief appraiser of each appraisal district in which the |
---|
651 | 651 | | taxing unit participates has: |
---|
652 | 652 | | (1) delivered the notice required by Section |
---|
653 | 653 | | 26.04(e-2); and |
---|
654 | 654 | | (2) complied with Section 26.17(e). |
---|
655 | 655 | | (d-2) Notwithstanding Subsection (a), the governing body of |
---|
656 | 656 | | a taxing unit other than a school district may not adopt a tax rate |
---|
657 | 657 | | until the chief appraiser of each appraisal district in which the |
---|
658 | 658 | | taxing unit participates has complied with Subsection (d-1). |
---|
659 | 659 | | (e) A person who owns taxable property is entitled to an |
---|
660 | 660 | | injunction restraining the collection of taxes by a taxing unit in |
---|
661 | 661 | | which the property is taxable if the taxing unit has not complied |
---|
662 | 662 | | with the requirements of this section or Section 26.04 [and the |
---|
663 | 663 | | failure to comply was not in good faith]. It is a defense in an |
---|
664 | 664 | | action for an injunction under this subsection that the failure to |
---|
665 | 665 | | comply was in good faith. An action to enjoin the collection of |
---|
666 | 666 | | taxes must be filed not later than the 15th day after the date the |
---|
667 | 667 | | taxing unit adopts a tax rate. A property owner is not required to |
---|
668 | 668 | | pay the taxes imposed by a taxing unit on the owner's property while |
---|
669 | 669 | | an action filed by the property owner to enjoin the collection of |
---|
670 | 670 | | taxes imposed by the taxing unit on the owner's property is pending. |
---|
671 | 671 | | If the property owner pays the taxes and subsequently prevails in |
---|
672 | 672 | | the action, the property owner is entitled to a refund of the taxes |
---|
673 | 673 | | paid, together with reasonable attorney's fees and court costs. |
---|
674 | 674 | | The property owner is not required to apply to the collector for the |
---|
675 | 675 | | taxing unit to receive the refund [prior to the date a taxing unit |
---|
676 | 676 | | delivers substantially all of its tax bills]. |
---|
677 | 677 | | (g) Notwithstanding Subsection (a), the governing body of a |
---|
678 | 678 | | school district that elects to adopt a tax rate before the adoption |
---|
679 | 679 | | of a budget for the fiscal year that begins in the current tax year |
---|
680 | 680 | | may adopt a tax rate for the current tax year before receipt of the |
---|
681 | 681 | | certified appraisal roll for the school district if the chief |
---|
682 | 682 | | appraiser of the appraisal district in which the school district |
---|
683 | 683 | | participates has certified to the assessor for the school district |
---|
684 | 684 | | an estimate of the taxable value of property in the school district |
---|
685 | 685 | | as provided by Section 26.01(e). If a school district adopts a tax |
---|
686 | 686 | | rate under this subsection, the no-new-revenue [effective] tax rate |
---|
687 | 687 | | and the rollback tax rate of the district shall be calculated based |
---|
688 | 688 | | on the certified estimate of taxable value. |
---|
689 | 689 | | SECTION 16. Sections 26.052(c) and (e), Tax Code, are |
---|
690 | 690 | | amended to read as follows: |
---|
691 | 691 | | (c) A taxing unit to which this section applies may provide |
---|
692 | 692 | | public notice of its proposed tax rate in one [either] of the |
---|
693 | 693 | | following methods not later than the seventh day before the date on |
---|
694 | 694 | | which the tax rate is adopted: |
---|
695 | 695 | | (1) mailing a notice of the proposed tax rate to each |
---|
696 | 696 | | owner of taxable property in the taxing unit; [or] |
---|
697 | 697 | | (2) publishing notice of the proposed tax rate in the |
---|
698 | 698 | | legal notices section of a newspaper having general circulation in |
---|
699 | 699 | | the taxing unit; or |
---|
700 | 700 | | (3) posting notice of the proposed tax rate |
---|
701 | 701 | | prominently on the home page of the Internet website maintained by |
---|
702 | 702 | | the taxing unit, if applicable. |
---|
703 | 703 | | (e) Public notice provided under Subsection (c) must |
---|
704 | 704 | | specify: |
---|
705 | 705 | | (1) the tax rate that the governing body proposes to |
---|
706 | 706 | | adopt; |
---|
707 | 707 | | (2) the date, time, and location of the meeting of the |
---|
708 | 708 | | governing body of the taxing unit at which the governing body will |
---|
709 | 709 | | consider adopting the proposed tax rate; and |
---|
710 | 710 | | (3) if the proposed tax rate for the taxing unit |
---|
711 | 711 | | exceeds the taxing unit's no-new-revenue [effective] tax rate |
---|
712 | 712 | | calculated as provided by Section 26.04, a statement substantially |
---|
713 | 713 | | identical to the following: "The proposed tax rate would increase |
---|
714 | 714 | | total taxes in (name of taxing unit) by (percentage by which the |
---|
715 | 715 | | proposed tax rate exceeds the no-new-revenue [effective] tax |
---|
716 | 716 | | rate)." |
---|
717 | 717 | | SECTION 17. Sections 26.06(b), (c), (d), and (e), Tax Code, |
---|
718 | 718 | | are amended to read as follows: |
---|
719 | 719 | | (b) The notice of a public hearing may not be smaller than |
---|
720 | 720 | | one-quarter page of a standard-size or a tabloid-size newspaper, |
---|
721 | 721 | | and the headline on the notice must be in 24-point or larger type. |
---|
722 | 722 | | The notice must contain a statement in the following form: |
---|
723 | 723 | | "NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
724 | 724 | | "The (name of the taxing unit) will hold two public hearings |
---|
725 | 725 | | on a proposal to increase total tax revenues from properties on the |
---|
726 | 726 | | tax roll in the preceding tax year by (percentage by which proposed |
---|
727 | 727 | | tax rate exceeds lower of rollback tax rate or no-new-revenue |
---|
728 | 728 | | [effective] tax rate calculated under this chapter) percent. Your |
---|
729 | 729 | | individual taxes may increase at a greater or lesser rate, or even |
---|
730 | 730 | | decrease, depending on the tax rate that is adopted and on the |
---|
731 | 731 | | change in the taxable value of your property in relation to the |
---|
732 | 732 | | change in taxable value of all other property [and the tax rate that |
---|
733 | 733 | | is adopted]. The change in the taxable value of your property in |
---|
734 | 734 | | relation to the change in the taxable value of all other property |
---|
735 | 735 | | determines the distribution of the tax burden among all property |
---|
736 | 736 | | owners. |
---|
737 | 737 | | "The first public hearing will be held on (date and time) at |
---|
738 | 738 | | (meeting place). |
---|
739 | 739 | | "The second public hearing will be held on (date and time) at |
---|
740 | 740 | | (meeting place). |
---|
741 | 741 | | "(Names of all members of the governing body, showing how |
---|
742 | 742 | | each voted on the proposal to consider the tax increase or, if one |
---|
743 | 743 | | or more were absent, indicating the absences.) |
---|
744 | 744 | | "The average taxable value of a residence homestead in (name |
---|
745 | 745 | | of taxing unit) last year was $____ (average taxable value of a |
---|
746 | 746 | | residence homestead in the taxing unit for the preceding tax year, |
---|
747 | 747 | | disregarding residence homestead exemptions available only to |
---|
748 | 748 | | disabled persons or persons 65 years of age or older). Based on |
---|
749 | 749 | | last year's tax rate of $____ (preceding year's adopted tax rate) |
---|
750 | 750 | | per $100 of taxable value, the amount of taxes imposed last year on |
---|
751 | 751 | | the average home was $____ (tax on average taxable value of a |
---|
752 | 752 | | residence homestead in the taxing unit for the preceding tax year, |
---|
753 | 753 | | disregarding residence homestead exemptions available only to |
---|
754 | 754 | | disabled persons or persons 65 years of age or older). |
---|
755 | 755 | | "The average taxable value of a residence homestead in (name |
---|
756 | 756 | | of taxing unit) this year is $____ (average taxable value of a |
---|
757 | 757 | | residence homestead in the taxing unit for the current tax year, |
---|
758 | 758 | | disregarding residence homestead exemptions available only to |
---|
759 | 759 | | disabled persons or persons 65 years of age or older). If the |
---|
760 | 760 | | governing body adopts the no-new-revenue [effective] tax rate for |
---|
761 | 761 | | this year of $____ (no-new-revenue [effective] tax rate) per $100 |
---|
762 | 762 | | of taxable value, the amount of taxes imposed this year on the |
---|
763 | 763 | | average home would be $____ (tax on average taxable value of a |
---|
764 | 764 | | residence homestead in the taxing unit for the current tax year, |
---|
765 | 765 | | disregarding residence homestead exemptions available only to |
---|
766 | 766 | | disabled persons or persons 65 years of age or older). |
---|
767 | 767 | | "If the governing body adopts the proposed tax rate of $____ |
---|
768 | 768 | | (proposed tax rate) per $100 of taxable value, the amount of taxes |
---|
769 | 769 | | imposed this year on the average home would be $____ (tax on the |
---|
770 | 770 | | average taxable value of a residence in the taxing unit for the |
---|
771 | 771 | | current year disregarding residence homestead exemptions available |
---|
772 | 772 | | only to disabled persons or persons 65 years of age or older). |
---|
773 | 773 | | "Members of the public are encouraged to attend the hearings |
---|
774 | 774 | | and express their views." |
---|
775 | 775 | | (c) The notice of a public hearing under this section may be |
---|
776 | 776 | | delivered by mail to each property owner in the taxing unit, [or may |
---|
777 | 777 | | be] published in a newspaper, or posted prominently on the home page |
---|
778 | 778 | | of the Internet website operated by the taxing unit, if applicable. |
---|
779 | 779 | | If the notice is published in a newspaper, it may not be in the part |
---|
780 | 780 | | of the paper in which legal notices and classified advertisements |
---|
781 | 781 | | appear. If the taxing unit posts the notice on [operates] an |
---|
782 | 782 | | Internet website operated by the taxing unit, the notice must be |
---|
783 | 783 | | posted on the website from the date the notice is first posted |
---|
784 | 784 | | [published] until the second public hearing is concluded. |
---|
785 | 785 | | (d) At the public hearings the governing body shall announce |
---|
786 | 786 | | the date, time, and place of the meeting at which it will vote on the |
---|
787 | 787 | | proposed tax rate. After each hearing the governing body shall give |
---|
788 | 788 | | notice of the meeting at which it will vote on the proposed tax rate |
---|
789 | 789 | | and the notice shall be in the same form as prescribed by |
---|
790 | 790 | | Subsections (b) and (c), except that it must state the following: |
---|
791 | 791 | | "NOTICE OF TAX REVENUE INCREASE |
---|
792 | 792 | | "The (name of the taxing unit) conducted public hearings on |
---|
793 | 793 | | (date of first hearing) and (date of second hearing) on a proposal |
---|
794 | 794 | | to increase the total tax revenues of the (name of the taxing unit) |
---|
795 | 795 | | from properties on the tax roll in the preceding year by (percentage |
---|
796 | 796 | | by which proposed tax rate exceeds lower of rollback tax rate or |
---|
797 | 797 | | no-new-revenue [effective] tax rate calculated under this chapter) |
---|
798 | 798 | | percent. |
---|
799 | 799 | | "The total tax revenue proposed to be raised last year at last |
---|
800 | 800 | | year's tax rate of (insert tax rate for the preceding year) for each |
---|
801 | 801 | | $100 of taxable value was (insert total amount of taxes imposed in |
---|
802 | 802 | | the preceding year). |
---|
803 | 803 | | "The total tax revenue proposed to be raised this year at the |
---|
804 | 804 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
805 | 805 | | taxable value, excluding tax revenue to be raised from new property |
---|
806 | 806 | | added to the tax roll this year, is (insert amount computed by |
---|
807 | 807 | | multiplying proposed tax rate by the difference between current |
---|
808 | 808 | | total value and new property value). |
---|
809 | 809 | | "The total tax revenue proposed to be raised this year at the |
---|
810 | 810 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
---|
811 | 811 | | taxable value, including tax revenue to be raised from new property |
---|
812 | 812 | | added to the tax roll this year, is (insert amount computed by |
---|
813 | 813 | | multiplying proposed tax rate by current total value). |
---|
814 | 814 | | "The (governing body of the taxing unit) is scheduled to vote |
---|
815 | 815 | | on the tax rate that will result in that tax increase at a public |
---|
816 | 816 | | meeting to be held on (date of meeting) at (location of meeting, |
---|
817 | 817 | | including mailing address) at (time of meeting). |
---|
818 | 818 | | "The (governing body of the taxing unit) proposes to use the |
---|
819 | 819 | | increase in total tax revenue for the purpose of (description of |
---|
820 | 820 | | purpose of increase)." |
---|
821 | 821 | | (e) The meeting to vote on the tax increase may not be |
---|
822 | 822 | | earlier than the third day or later than the 14th day after the date |
---|
823 | 823 | | of the second public hearing. The meeting must be held inside the |
---|
824 | 824 | | boundaries of the taxing unit in a publicly owned building or, if a |
---|
825 | 825 | | suitable publicly owned building is not available, in a suitable |
---|
826 | 826 | | building to which the public normally has access. If the governing |
---|
827 | 827 | | body does not adopt a tax rate that exceeds the lower of the |
---|
828 | 828 | | rollback tax rate or the no-new-revenue [effective] tax rate by the |
---|
829 | 829 | | 14th day, it must give a new notice under Subsection (d) before it |
---|
830 | 830 | | may adopt a rate that exceeds the lower of the rollback tax rate or |
---|
831 | 831 | | the no-new-revenue [effective] tax rate. |
---|
832 | 832 | | SECTION 18. Section 26.065(b), Tax Code, is amended to read |
---|
833 | 833 | | as follows: |
---|
834 | 834 | | (b) If the taxing unit owns, operates, or controls an |
---|
835 | 835 | | Internet website, the taxing unit shall post notice of the public |
---|
836 | 836 | | hearing prominently on the home page of the website continuously |
---|
837 | 837 | | for at least seven days immediately before the public hearing on the |
---|
838 | 838 | | proposed tax rate increase and at least seven days immediately |
---|
839 | 839 | | before the date of the vote proposing the increase in the tax rate. |
---|
840 | 840 | | SECTION 19. Sections 26.08(g), (i), (n), and (p), Tax Code, |
---|
841 | 841 | | are amended to read as follows: |
---|
842 | 842 | | (g) In a school district that received distributions from an |
---|
843 | 843 | | equalization tax imposed under former Chapter 18, Education Code, |
---|
844 | 844 | | the no-new-revenue [effective] rate of that tax as of the date of |
---|
845 | 845 | | the county unit system's abolition is added to the district's |
---|
846 | 846 | | rollback tax rate. |
---|
847 | 847 | | (i) For purposes of this section, the no-new-revenue |
---|
848 | 848 | | [effective] maintenance and operations tax rate of a school |
---|
849 | 849 | | district is the tax rate that, applied to the current total value |
---|
850 | 850 | | for the district, would impose taxes in an amount that, when added |
---|
851 | 851 | | to state funds that would be distributed to the district under |
---|
852 | 852 | | Chapter 42, Education Code, for the school year beginning in the |
---|
853 | 853 | | current tax year using that tax rate, would provide the same amount |
---|
854 | 854 | | of state funds distributed under Chapter 42, Education Code, and |
---|
855 | 855 | | maintenance and operations taxes of the district per student in |
---|
856 | 856 | | weighted average daily attendance for that school year that would |
---|
857 | 857 | | have been available to the district in the preceding year if the |
---|
858 | 858 | | funding elements for Chapters 41 and 42, Education Code, for the |
---|
859 | 859 | | current year had been in effect for the preceding year. |
---|
860 | 860 | | (n) For purposes of this section, the rollback tax rate of a |
---|
861 | 861 | | school district whose maintenance and operations tax rate for the |
---|
862 | 862 | | 2005 tax year was $1.50 or less per $100 of taxable value is: |
---|
863 | 863 | | (1) for the 2006 tax year, the sum of the rate that is |
---|
864 | 864 | | equal to 88.67 percent of the maintenance and operations tax rate |
---|
865 | 865 | | adopted by the district for the 2005 tax year, the rate of $0.04 per |
---|
866 | 866 | | $100 of taxable value, and the district's current debt rate; and |
---|
867 | 867 | | (2) for the 2007 and subsequent tax years, the lesser |
---|
868 | 868 | | of the following: |
---|
869 | 869 | | (A) the sum of the following: |
---|
870 | 870 | | (i) the rate per $100 of taxable value that |
---|
871 | 871 | | is equal to the product of the state compression percentage, as |
---|
872 | 872 | | determined under Section 42.2516, Education Code, for the current |
---|
873 | 873 | | year and $1.50; |
---|
874 | 874 | | (ii) the rate of $0.04 per $100 of taxable |
---|
875 | 875 | | value; |
---|
876 | 876 | | (iii) the rate that is equal to the sum of |
---|
877 | 877 | | the differences for the 2006 and each subsequent tax year between |
---|
878 | 878 | | the adopted tax rate of the district for that year if the rate was |
---|
879 | 879 | | approved at an election under this section and the rollback tax rate |
---|
880 | 880 | | of the district for that year; and |
---|
881 | 881 | | (iv) the district's current debt rate; or |
---|
882 | 882 | | (B) the sum of the following: |
---|
883 | 883 | | (i) the no-new-revenue [effective] |
---|
884 | 884 | | maintenance and operations tax rate of the district as computed |
---|
885 | 885 | | under Subsection (i) [or (k), as applicable]; |
---|
886 | 886 | | (ii) the rate per $100 of taxable value that |
---|
887 | 887 | | is equal to the product of the state compression percentage, as |
---|
888 | 888 | | determined under Section 42.2516, Education Code, for the current |
---|
889 | 889 | | year and $0.06; and |
---|
890 | 890 | | (iii) the district's current debt rate. |
---|
891 | 891 | | (p) Notwithstanding Subsections (i), (n), and (o), if for |
---|
892 | 892 | | the preceding tax year a school district adopted a maintenance and |
---|
893 | 893 | | operations tax rate that was less than the district's |
---|
894 | 894 | | no-new-revenue [effective] maintenance and operations tax rate for |
---|
895 | 895 | | that preceding tax year, the rollback tax rate of the district for |
---|
896 | 896 | | the current tax year is calculated as if the district adopted a |
---|
897 | 897 | | maintenance and operations tax rate for the preceding tax year that |
---|
898 | 898 | | was equal to the district's no-new-revenue [effective] maintenance |
---|
899 | 899 | | and operations tax rate for that preceding tax year. |
---|
900 | 900 | | SECTION 20. Section 26.16, Tax Code, is amended by amending |
---|
901 | 901 | | Subsections (a) and (d) and adding Subsection (a-1) to read as |
---|
902 | 902 | | follows: |
---|
903 | 903 | | (a) The county assessor-collector for each county that |
---|
904 | 904 | | maintains an Internet website shall post on the website of the |
---|
905 | 905 | | county the following information for the most recent five tax years |
---|
906 | 906 | | [beginning with the 2012 tax year] for each taxing unit all or part |
---|
907 | 907 | | of the territory of which is located in the county: |
---|
908 | 908 | | (1) the adopted tax rate; |
---|
909 | 909 | | (2) the maintenance and operations rate; |
---|
910 | 910 | | (3) the debt rate; |
---|
911 | 911 | | (4) the no-new-revenue [effective] tax rate; |
---|
912 | 912 | | (5) the no-new-revenue [effective] maintenance and |
---|
913 | 913 | | operations rate; and |
---|
914 | 914 | | (6) the rollback tax rate. |
---|
915 | 915 | | (a-1) For purposes of Subsection (a), a reference to the |
---|
916 | 916 | | no-new-revenue tax rate or the no-new-revenue maintenance and |
---|
917 | 917 | | operations rate includes the equivalent effective tax rate or |
---|
918 | 918 | | effective maintenance and operations rate for a preceding year. |
---|
919 | 919 | | This subsection expires January 1, 2026. |
---|
920 | 920 | | (d) The county assessor-collector shall post immediately |
---|
921 | 921 | | below the table prescribed by Subsection (c) the following |
---|
922 | 922 | | statement: |
---|
923 | 923 | | "The county is providing this table of property tax rate |
---|
924 | 924 | | information as a service to the residents of the county. Each |
---|
925 | 925 | | individual taxing unit is responsible for calculating the property |
---|
926 | 926 | | tax rates listed in this table pertaining to that taxing unit and |
---|
927 | 927 | | providing that information to the county. |
---|
928 | 928 | | "The adopted tax rate is the tax rate adopted by the governing |
---|
929 | 929 | | body of a taxing unit. |
---|
930 | 930 | | "The maintenance and operations rate is the component of the |
---|
931 | 931 | | adopted tax rate of a taxing unit that will impose the amount of |
---|
932 | 932 | | taxes needed to fund maintenance and operation expenditures of the |
---|
933 | 933 | | taxing unit for the following year. |
---|
934 | 934 | | "The debt rate is the component of the adopted tax rate of a |
---|
935 | 935 | | taxing unit that will impose the amount of taxes needed to fund the |
---|
936 | 936 | | taxing unit's debt service for the following year. |
---|
937 | 937 | | "The no-new-revenue [effective] tax rate is the tax rate that |
---|
938 | 938 | | would generate the same amount of revenue in the current tax year as |
---|
939 | 939 | | was generated by a taxing unit's adopted tax rate in the preceding |
---|
940 | 940 | | tax year from property that is taxable in both the current tax year |
---|
941 | 941 | | and the preceding tax year. |
---|
942 | 942 | | "The no-new-revenue [effective] maintenance and operations |
---|
943 | 943 | | rate is the tax rate that would generate the same amount of revenue |
---|
944 | 944 | | for maintenance and operations in the current tax year as was |
---|
945 | 945 | | generated by a taxing unit's maintenance and operations rate in the |
---|
946 | 946 | | preceding tax year from property that is taxable in both the current |
---|
947 | 947 | | tax year and the preceding tax year. |
---|
948 | 948 | | "The rollback tax rate is the highest tax rate a taxing unit |
---|
949 | 949 | | may adopt before requiring voter approval at an election. In the |
---|
950 | 950 | | case of a taxing unit other than a school district, the voters by |
---|
951 | 951 | | petition may require that a rollback election be held if the taxing |
---|
952 | 952 | | unit adopts a tax rate in excess of the taxing unit's rollback tax |
---|
953 | 953 | | rate. In the case of a school district, an election will |
---|
954 | 954 | | automatically be held if the district wishes to adopt a tax rate in |
---|
955 | 955 | | excess of the district's rollback tax rate." |
---|
956 | 956 | | SECTION 21. Chapter 26, Tax Code, is amended by adding |
---|
957 | 957 | | Sections 26.17 and 26.18 to read as follows: |
---|
958 | 958 | | Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION. |
---|
959 | 959 | | (a) The chief appraiser of each appraisal district shall create and |
---|
960 | 960 | | maintain a property tax database that: |
---|
961 | 961 | | (1) is identified by the name of the county in which |
---|
962 | 962 | | the appraisal district is established instead of the name of the |
---|
963 | 963 | | appraisal district; |
---|
964 | 964 | | (2) contains information that is provided by |
---|
965 | 965 | | designated officers or employees of the taxing units that are |
---|
966 | 966 | | located in the appraisal district in the manner required by the |
---|
967 | 967 | | comptroller; |
---|
968 | 968 | | (3) is continuously updated as preliminary and revised |
---|
969 | 969 | | data become available to and are provided by the designated |
---|
970 | 970 | | officers or employees of taxing units; |
---|
971 | 971 | | (4) is accessible to the public; and |
---|
972 | 972 | | (5) is searchable by property address and owner, |
---|
973 | 973 | | except to the extent that access to the information in the database |
---|
974 | 974 | | is restricted by Section 25.025 or 25.026. |
---|
975 | 975 | | (b) The database must include, with respect to each property |
---|
976 | 976 | | listed on the appraisal roll for the appraisal district: |
---|
977 | 977 | | (1) the property's identification number; |
---|
978 | 978 | | (2) the property's market value; |
---|
979 | 979 | | (3) the property's taxable value; |
---|
980 | 980 | | (4) the name of each taxing unit in which the property |
---|
981 | 981 | | is located; |
---|
982 | 982 | | (5) for each taxing unit other than a school district |
---|
983 | 983 | | in which the property is located: |
---|
984 | 984 | | (A) the no-new-revenue tax rate; and |
---|
985 | 985 | | (B) the rollback tax rate; |
---|
986 | 986 | | (6) for each school district in which the property is |
---|
987 | 987 | | located: |
---|
988 | 988 | | (A) the tax rate that would maintain the same |
---|
989 | 989 | | amount of state and local revenue per weighted student that the |
---|
990 | 990 | | district received in the school year beginning in the preceding tax |
---|
991 | 991 | | year; and |
---|
992 | 992 | | (B) the rollback tax rate; |
---|
993 | 993 | | (7) the tax rate proposed by the governing body of each |
---|
994 | 994 | | taxing unit in which the property is located; |
---|
995 | 995 | | (8) for each taxing unit other than a school district |
---|
996 | 996 | | in which the property is located, the taxes that would be imposed on |
---|
997 | 997 | | the property if the taxing unit adopted a tax rate equal to: |
---|
998 | 998 | | (A) the no-new-revenue tax rate; and |
---|
999 | 999 | | (B) the proposed tax rate; |
---|
1000 | 1000 | | (9) for each school district in which the property is |
---|
1001 | 1001 | | located, the taxes that would be imposed on the property if the |
---|
1002 | 1002 | | district adopted a tax rate equal to: |
---|
1003 | 1003 | | (A) the tax rate that would maintain the same |
---|
1004 | 1004 | | amount of state and local revenue per weighted student that the |
---|
1005 | 1005 | | district received in the school year beginning in the preceding tax |
---|
1006 | 1006 | | year; and |
---|
1007 | 1007 | | (B) the proposed tax rate; |
---|
1008 | 1008 | | (10) for each taxing unit other than a school district |
---|
1009 | 1009 | | in which the property is located, the difference between the amount |
---|
1010 | 1010 | | calculated under Subdivision (8)(A) and the amount calculated under |
---|
1011 | 1011 | | Subdivision (8)(B); |
---|
1012 | 1012 | | (11) for each school district in which the property is |
---|
1013 | 1013 | | located, the difference between the amount calculated under |
---|
1014 | 1014 | | Subdivision (9)(A) and the amount calculated under Subdivision |
---|
1015 | 1015 | | (9)(B); |
---|
1016 | 1016 | | (12) the date and location of each public hearing, if |
---|
1017 | 1017 | | applicable, on the proposed tax rate to be held by the governing |
---|
1018 | 1018 | | body of each taxing unit in which the property is located; |
---|
1019 | 1019 | | (13) the date and location of the public meeting at |
---|
1020 | 1020 | | which the tax rate will be adopted to be held by the governing body |
---|
1021 | 1021 | | of each taxing unit in which the property is located; and |
---|
1022 | 1022 | | (14) for each taxing unit in which the property is |
---|
1023 | 1023 | | located, an e-mail address at which the taxing unit is capable of |
---|
1024 | 1024 | | receiving written comments regarding the proposed tax rate of the |
---|
1025 | 1025 | | taxing unit. |
---|
1026 | 1026 | | (c) The database must provide a link to the Internet website |
---|
1027 | 1027 | | used by each taxing unit in which the property is located to post |
---|
1028 | 1028 | | the information described by Section 26.18. |
---|
1029 | 1029 | | (d) The officer or employee designated by the governing body |
---|
1030 | 1030 | | of each taxing unit in which the property is located to calculate |
---|
1031 | 1031 | | the no-new-revenue tax rate and the rollback tax rate for the taxing |
---|
1032 | 1032 | | unit must electronically incorporate into the database: |
---|
1033 | 1033 | | (1) the information described by Subsections (b)(5), |
---|
1034 | 1034 | | (6), (7), (12), and (13), as applicable, as the information becomes |
---|
1035 | 1035 | | available; and |
---|
1036 | 1036 | | (2) the tax rate calculation forms prepared under |
---|
1037 | 1037 | | Section 26.04(d-1) at the same time the designated officer or |
---|
1038 | 1038 | | employee submits the tax rates to the governing body of the taxing |
---|
1039 | 1039 | | unit under Section 26.04(e). |
---|
1040 | 1040 | | (e) The chief appraiser shall make the information |
---|
1041 | 1041 | | described by Subsection (d)(1) and the tax rate calculation forms |
---|
1042 | 1042 | | described by Subsection (d)(2) available to the public not later |
---|
1043 | 1043 | | than the third business day after the date the information and forms |
---|
1044 | 1044 | | are incorporated into the database. |
---|
1045 | 1045 | | Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
---|
1046 | 1046 | | TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
---|
1047 | 1047 | | website or have access to a generally accessible Internet website |
---|
1048 | 1048 | | that may be used for the purposes of this section. Each taxing unit |
---|
1049 | 1049 | | shall post or cause to be posted on the Internet website the |
---|
1050 | 1050 | | following information in a format prescribed by the comptroller: |
---|
1051 | 1051 | | (1) the name of each member of the governing body of |
---|
1052 | 1052 | | the taxing unit; |
---|
1053 | 1053 | | (2) the mailing address, e-mail address, and telephone |
---|
1054 | 1054 | | number of the taxing unit; |
---|
1055 | 1055 | | (3) the official contact information for each member |
---|
1056 | 1056 | | of the governing body of the taxing unit, if that information is |
---|
1057 | 1057 | | different from the information described by Subdivision (2); |
---|
1058 | 1058 | | (4) the taxing unit's budget for the preceding two |
---|
1059 | 1059 | | years; |
---|
1060 | 1060 | | (5) the taxing unit's proposed or adopted budget for |
---|
1061 | 1061 | | the current year; |
---|
1062 | 1062 | | (6) the change in the amount of the taxing unit's |
---|
1063 | 1063 | | budget from the preceding year to the current year, by dollar amount |
---|
1064 | 1064 | | and percentage; |
---|
1065 | 1065 | | (7) in the case of a taxing unit other than a school |
---|
1066 | 1066 | | district, the amount of property tax revenue budgeted for |
---|
1067 | 1067 | | maintenance and operations for: |
---|
1068 | 1068 | | (A) the preceding two years; and |
---|
1069 | 1069 | | (B) the current year; |
---|
1070 | 1070 | | (8) in the case of a taxing unit other than a school |
---|
1071 | 1071 | | district, the amount of property tax revenue budgeted for debt |
---|
1072 | 1072 | | service for: |
---|
1073 | 1073 | | (A) the preceding two years; and |
---|
1074 | 1074 | | (B) the current year; |
---|
1075 | 1075 | | (9) the tax rate for maintenance and operations |
---|
1076 | 1076 | | adopted by the taxing unit for the preceding two years; |
---|
1077 | 1077 | | (10) in the case of a taxing unit other than a school |
---|
1078 | 1078 | | district, the tax rate for debt service adopted by the taxing unit |
---|
1079 | 1079 | | for the preceding two years; |
---|
1080 | 1080 | | (11) in the case of a school district, the interest and |
---|
1081 | 1081 | | sinking fund tax rate adopted by the district for the preceding two |
---|
1082 | 1082 | | years; |
---|
1083 | 1083 | | (12) the tax rate for maintenance and operations |
---|
1084 | 1084 | | proposed by the taxing unit for the current year; |
---|
1085 | 1085 | | (13) in the case of a taxing unit other than a school |
---|
1086 | 1086 | | district, the tax rate for debt service proposed by the taxing unit |
---|
1087 | 1087 | | for the current year; |
---|
1088 | 1088 | | (14) in the case of a school district, the interest and |
---|
1089 | 1089 | | sinking fund tax rate proposed by the district for the current year; |
---|
1090 | 1090 | | and |
---|
1091 | 1091 | | (15) the most recent financial audit of the taxing |
---|
1092 | 1092 | | unit. |
---|
1093 | 1093 | | SECTION 22. Section 45.105(e), Education Code, is amended |
---|
1094 | 1094 | | to read as follows: |
---|
1095 | 1095 | | (e) The governing body of an independent school district |
---|
1096 | 1096 | | that governs a junior college district under Subchapter B, Chapter |
---|
1097 | 1097 | | 130, in a county with a population of more than two million may |
---|
1098 | 1098 | | dedicate a specific percentage of the local tax levy to the use of |
---|
1099 | 1099 | | the junior college district for facilities and equipment or for the |
---|
1100 | 1100 | | maintenance and operating expenses of the junior college district. |
---|
1101 | 1101 | | To be effective, the dedication must be made by the governing body |
---|
1102 | 1102 | | on or before the date on which the governing body adopts its tax |
---|
1103 | 1103 | | rate for a year. The amount of local tax funds derived from the |
---|
1104 | 1104 | | percentage of the local tax levy dedicated to a junior college |
---|
1105 | 1105 | | district from a tax levy may not exceed the amount that would be |
---|
1106 | 1106 | | levied by five percent of the no-new-revenue [effective] tax rate |
---|
1107 | 1107 | | for the tax year calculated as provided by Section 26.04, Tax Code, |
---|
1108 | 1108 | | on all property taxable by the school district. All real property |
---|
1109 | 1109 | | purchased with these funds is the property of the school district, |
---|
1110 | 1110 | | but is subject to the exclusive control of the governing body of the |
---|
1111 | 1111 | | junior college district for as long as the junior college district |
---|
1112 | 1112 | | uses the property for educational purposes. |
---|
1113 | 1113 | | SECTION 23. Section 130.016(b), Education Code, is amended |
---|
1114 | 1114 | | to read as follows: |
---|
1115 | 1115 | | (b) If the board of trustees of an independent school |
---|
1116 | 1116 | | district that divests itself of the management, control, and |
---|
1117 | 1117 | | operation of a junior college district under this section or under |
---|
1118 | 1118 | | Section 130.017 [of this code] was authorized by [Subsection (e) |
---|
1119 | 1119 | | of] Section 45.105(e) or under former Section 20.48(e) [20.48 of |
---|
1120 | 1120 | | this code] to dedicate a portion of its tax levy to the junior |
---|
1121 | 1121 | | college district before the divestment, the junior college district |
---|
1122 | 1122 | | may levy an ad valorem tax from and after the divestment. In the |
---|
1123 | 1123 | | first two years in which the junior college district levies an ad |
---|
1124 | 1124 | | valorem tax, the tax rate adopted by the governing body may not |
---|
1125 | 1125 | | exceed the rate that, if applied to the total taxable value |
---|
1126 | 1126 | | submitted to the governing body under Section 26.04, Tax Code, |
---|
1127 | 1127 | | would impose an amount equal to the amount of taxes of the school |
---|
1128 | 1128 | | district dedicated to the junior college under [Subsection (e) of] |
---|
1129 | 1129 | | Section 45.105(e) or former Section 20.48(e) [20.48 of this code] |
---|
1130 | 1130 | | in the last dedication before the divestment. In subsequent years, |
---|
1131 | 1131 | | the tax rate of the junior college district is subject to Section |
---|
1132 | 1132 | | 26.07, Tax Code. |
---|
1133 | 1133 | | SECTION 24. Section 403.302(o), Government Code, is amended |
---|
1134 | 1134 | | to read as follows: |
---|
1135 | 1135 | | (o) The comptroller shall adopt rules governing the conduct |
---|
1136 | 1136 | | of the study after consultation with the comptroller's property tax |
---|
1137 | 1137 | | administration advisory board [Comptroller's Property Value Study |
---|
1138 | 1138 | | Advisory Committee]. |
---|
1139 | 1139 | | SECTION 25. Section 102.007(d), Local Government Code, is |
---|
1140 | 1140 | | amended to read as follows: |
---|
1141 | 1141 | | (d) An adopted budget must contain a cover page that |
---|
1142 | 1142 | | includes: |
---|
1143 | 1143 | | (1) one of the following statements in 18-point or |
---|
1144 | 1144 | | larger type that accurately describes the adopted budget: |
---|
1145 | 1145 | | (A) "This budget will raise more revenue from |
---|
1146 | 1146 | | property taxes than last year's budget by an amount of (insert total |
---|
1147 | 1147 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1148 | 1148 | | percent increase from last year's budget. The property tax revenue |
---|
1149 | 1149 | | to be raised from new property added to the tax roll this year is |
---|
1150 | 1150 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1151 | 1151 | | value of new property added to the roll)."; |
---|
1152 | 1152 | | (B) "This budget will raise less revenue from |
---|
1153 | 1153 | | property taxes than last year's budget by an amount of (insert total |
---|
1154 | 1154 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1155 | 1155 | | percent decrease from last year's budget. The property tax revenue |
---|
1156 | 1156 | | to be raised from new property added to the tax roll this year is |
---|
1157 | 1157 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1158 | 1158 | | value of new property added to the roll)."; or |
---|
1159 | 1159 | | (C) "This budget will raise the same amount of |
---|
1160 | 1160 | | revenue from property taxes as last year's budget. The property |
---|
1161 | 1161 | | tax revenue to be raised from new property added to the tax roll |
---|
1162 | 1162 | | this year is (insert amount computed by multiplying the proposed |
---|
1163 | 1163 | | tax rate by the value of new property added to the roll)."; |
---|
1164 | 1164 | | (2) the record vote of each member of the governing |
---|
1165 | 1165 | | body by name voting on the adoption of the budget; |
---|
1166 | 1166 | | (3) the municipal property tax rates for the preceding |
---|
1167 | 1167 | | fiscal year, and each municipal property tax rate that has been |
---|
1168 | 1168 | | adopted or calculated for the current fiscal year, including: |
---|
1169 | 1169 | | (A) the property tax rate; |
---|
1170 | 1170 | | (B) the no-new-revenue [effective] tax rate; |
---|
1171 | 1171 | | (C) the no-new-revenue [effective] maintenance |
---|
1172 | 1172 | | and operations tax rate; |
---|
1173 | 1173 | | (D) the rollback tax rate; and |
---|
1174 | 1174 | | (E) the debt rate; and |
---|
1175 | 1175 | | (4) the total amount of municipal debt obligations. |
---|
1176 | 1176 | | SECTION 26. Section 111.008(d), Local Government Code, is |
---|
1177 | 1177 | | amended to read as follows: |
---|
1178 | 1178 | | (d) An adopted budget must contain a cover page that |
---|
1179 | 1179 | | includes: |
---|
1180 | 1180 | | (1) one of the following statements in 18-point or |
---|
1181 | 1181 | | larger type that accurately describes the adopted budget: |
---|
1182 | 1182 | | (A) "This budget will raise more revenue from |
---|
1183 | 1183 | | property taxes than last year's budget by an amount of (insert total |
---|
1184 | 1184 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1185 | 1185 | | percent increase from last year's budget. The property tax revenue |
---|
1186 | 1186 | | to be raised from new property added to the tax roll this year is |
---|
1187 | 1187 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1188 | 1188 | | value of new property added to the roll)."; |
---|
1189 | 1189 | | (B) "This budget will raise less revenue from |
---|
1190 | 1190 | | property taxes than last year's budget by an amount of (insert total |
---|
1191 | 1191 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1192 | 1192 | | percent decrease from last year's budget. The property tax revenue |
---|
1193 | 1193 | | to be raised from new property added to the tax roll this year is |
---|
1194 | 1194 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1195 | 1195 | | value of new property added to the roll)."; or |
---|
1196 | 1196 | | (C) "This budget will raise the same amount of |
---|
1197 | 1197 | | revenue from property taxes as last year's budget. The property |
---|
1198 | 1198 | | tax revenue to be raised from new property added to the tax roll |
---|
1199 | 1199 | | this year is (insert amount computed by multiplying the proposed |
---|
1200 | 1200 | | tax rate by the value of new property added to the roll)."; |
---|
1201 | 1201 | | (2) the record vote of each member of the |
---|
1202 | 1202 | | commissioners court by name voting on the adoption of the budget; |
---|
1203 | 1203 | | (3) the county property tax rates for the preceding |
---|
1204 | 1204 | | fiscal year, and each county property tax rate that has been adopted |
---|
1205 | 1205 | | or calculated for the current fiscal year, including: |
---|
1206 | 1206 | | (A) the property tax rate; |
---|
1207 | 1207 | | (B) the no-new-revenue [effective] tax rate; |
---|
1208 | 1208 | | (C) the no-new-revenue [effective] maintenance |
---|
1209 | 1209 | | and operations tax rate; |
---|
1210 | 1210 | | (D) the rollback tax rate; and |
---|
1211 | 1211 | | (E) the debt rate; and |
---|
1212 | 1212 | | (4) the total amount of county debt obligations. |
---|
1213 | 1213 | | SECTION 27. Section 111.039(d), Local Government Code, is |
---|
1214 | 1214 | | amended to read as follows: |
---|
1215 | 1215 | | (d) An adopted budget must contain a cover page that |
---|
1216 | 1216 | | includes: |
---|
1217 | 1217 | | (1) one of the following statements in 18-point or |
---|
1218 | 1218 | | larger type that accurately describes the adopted budget: |
---|
1219 | 1219 | | (A) "This budget will raise more revenue from |
---|
1220 | 1220 | | property taxes than last year's budget by an amount of (insert total |
---|
1221 | 1221 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1222 | 1222 | | percent increase from last year's budget. The property tax revenue |
---|
1223 | 1223 | | to be raised from new property added to the tax roll this year is |
---|
1224 | 1224 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1225 | 1225 | | value of new property added to the roll)."; |
---|
1226 | 1226 | | (B) "This budget will raise less revenue from |
---|
1227 | 1227 | | property taxes than last year's budget by an amount of (insert total |
---|
1228 | 1228 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1229 | 1229 | | percent decrease from last year's budget. The property tax revenue |
---|
1230 | 1230 | | to be raised from new property added to the tax roll this year is |
---|
1231 | 1231 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1232 | 1232 | | value of new property added to the roll)."; or |
---|
1233 | 1233 | | (C) "This budget will raise the same amount of |
---|
1234 | 1234 | | revenue from property taxes as last year's budget. The property |
---|
1235 | 1235 | | tax revenue to be raised from new property added to the tax roll |
---|
1236 | 1236 | | this year is (insert amount computed by multiplying the proposed |
---|
1237 | 1237 | | tax rate by the value of new property added to the roll)."; |
---|
1238 | 1238 | | (2) the record vote of each member of the |
---|
1239 | 1239 | | commissioners court by name voting on the adoption of the budget; |
---|
1240 | 1240 | | (3) the county property tax rates for the preceding |
---|
1241 | 1241 | | fiscal year, and each county property tax rate that has been adopted |
---|
1242 | 1242 | | or calculated for the current fiscal year, including: |
---|
1243 | 1243 | | (A) the property tax rate; |
---|
1244 | 1244 | | (B) the no-new-revenue [effective] tax rate; |
---|
1245 | 1245 | | (C) the no-new-revenue [effective] maintenance |
---|
1246 | 1246 | | and operations tax rate; |
---|
1247 | 1247 | | (D) the rollback tax rate; and |
---|
1248 | 1248 | | (E) the debt rate; and |
---|
1249 | 1249 | | (4) the total amount of county debt obligations. |
---|
1250 | 1250 | | SECTION 28. Section 111.068(c), Local Government Code, is |
---|
1251 | 1251 | | amended to read as follows: |
---|
1252 | 1252 | | (c) An adopted budget must contain a cover page that |
---|
1253 | 1253 | | includes: |
---|
1254 | 1254 | | (1) one of the following statements in 18-point or |
---|
1255 | 1255 | | larger type that accurately describes the adopted budget: |
---|
1256 | 1256 | | (A) "This budget will raise more revenue from |
---|
1257 | 1257 | | property taxes than last year's budget by an amount of (insert total |
---|
1258 | 1258 | | dollar amount of increase), which is a (insert percentage increase) |
---|
1259 | 1259 | | percent increase from last year's budget. The property tax revenue |
---|
1260 | 1260 | | to be raised from new property added to the tax roll this year is |
---|
1261 | 1261 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1262 | 1262 | | value of new property added to the roll)."; |
---|
1263 | 1263 | | (B) "This budget will raise less revenue from |
---|
1264 | 1264 | | property taxes than last year's budget by an amount of (insert total |
---|
1265 | 1265 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
1266 | 1266 | | percent decrease from last year's budget. The property tax revenue |
---|
1267 | 1267 | | to be raised from new property added to the tax roll this year is |
---|
1268 | 1268 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
1269 | 1269 | | value of new property added to the roll)."; or |
---|
1270 | 1270 | | (C) "This budget will raise the same amount of |
---|
1271 | 1271 | | revenue from property taxes as last year's budget. The property |
---|
1272 | 1272 | | tax revenue to be raised from new property added to the tax roll |
---|
1273 | 1273 | | this year is (insert amount computed by multiplying the proposed |
---|
1274 | 1274 | | tax rate by the value of new property added to the roll)."; |
---|
1275 | 1275 | | (2) the record vote of each member of the |
---|
1276 | 1276 | | commissioners court by name voting on the adoption of the budget; |
---|
1277 | 1277 | | (3) the county property tax rates for the preceding |
---|
1278 | 1278 | | fiscal year, and each county property tax rate that has been adopted |
---|
1279 | 1279 | | or calculated for the current fiscal year, including: |
---|
1280 | 1280 | | (A) the property tax rate; |
---|
1281 | 1281 | | (B) the no-new-revenue [effective] tax rate; |
---|
1282 | 1282 | | (C) the no-new-revenue [effective] maintenance |
---|
1283 | 1283 | | and operations tax rate; |
---|
1284 | 1284 | | (D) the rollback tax rate; and |
---|
1285 | 1285 | | (E) the debt rate; and |
---|
1286 | 1286 | | (4) the total amount of county debt obligations. |
---|
1287 | 1287 | | SECTION 29. Sections 140.010(a), (d), (e), and (f), Local |
---|
1288 | 1288 | | Government Code, are amended to read as follows: |
---|
1289 | 1289 | | (a) In this section, "no-new-revenue [effective] tax rate" |
---|
1290 | 1290 | | and "rollback tax rate" mean the no-new-revenue [effective] tax |
---|
1291 | 1291 | | rate and rollback tax rate of a county or municipality, as |
---|
1292 | 1292 | | applicable, as calculated under Chapter 26, Tax Code. |
---|
1293 | 1293 | | (d) A county or municipality that proposes a property tax |
---|
1294 | 1294 | | rate that does not exceed the lower of the no-new-revenue |
---|
1295 | 1295 | | [effective] tax rate or the rollback tax rate shall provide the |
---|
1296 | 1296 | | following notice: |
---|
1297 | 1297 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
---|
1298 | 1298 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
---|
1299 | 1299 | | "A tax rate of $______ per $100 valuation has been proposed by the |
---|
1300 | 1300 | | governing body of (insert name of county or municipality). |
---|
1301 | 1301 | | PROPOSED TAX RATE $______ per $100 |
---|
1302 | 1302 | | PRECEDING YEAR'S TAX RATE $______ per $100 |
---|
1303 | 1303 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE $______ per $100 |
---|
1304 | 1304 | | "The no-new-revenue [effective] tax rate is the total tax rate |
---|
1305 | 1305 | | needed to raise the same amount of property tax revenue for (insert |
---|
1306 | 1306 | | name of county or municipality) from the same properties in both the |
---|
1307 | 1307 | | (insert preceding tax year) tax year and the (insert current tax |
---|
1308 | 1308 | | year) tax year. |
---|
1309 | 1309 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
1310 | 1310 | | FOLLOWS: |
---|
1311 | 1311 | | property tax amount = (rate) x (taxable value of your property) / |
---|
1312 | 1312 | | 100 |
---|
1313 | 1313 | | "For assistance or detailed information about tax calculations, |
---|
1314 | 1314 | | please contact: |
---|
1315 | 1315 | | (insert name of county or municipal tax assessor-collector) |
---|
1316 | 1316 | | (insert name of county or municipality) tax |
---|
1317 | 1317 | | assessor-collector |
---|
1318 | 1318 | | (insert address) |
---|
1319 | 1319 | | (insert telephone number) |
---|
1320 | 1320 | | (insert e-mail address) |
---|
1321 | 1321 | | (insert Internet website address, if applicable)" |
---|
1322 | 1322 | | (e) A county or municipality that proposes a property tax |
---|
1323 | 1323 | | rate that exceeds the lower of the no-new-revenue [effective] tax |
---|
1324 | 1324 | | rate or the rollback tax rate shall provide the following notice: |
---|
1325 | 1325 | | "NOTICE OF (INSERT CURRENT TAX YEAR) TAX YEAR PROPOSED PROPERTY TAX |
---|
1326 | 1326 | | RATE FOR (INSERT NAME OF COUNTY OR MUNICIPALITY) |
---|
1327 | 1327 | | "A tax rate of $_____ per $100 valuation has been proposed for |
---|
1328 | 1328 | | adoption by the governing body of (insert name of county or |
---|
1329 | 1329 | | municipality). This rate exceeds the lower of the no-new-revenue |
---|
1330 | 1330 | | [effective] or rollback tax rate, and state law requires that two |
---|
1331 | 1331 | | public hearings be held by the governing body before adopting the |
---|
1332 | 1332 | | proposed tax rate. The governing body of (insert name of county or |
---|
1333 | 1333 | | municipality) proposes to use revenue attributable to the tax rate |
---|
1334 | 1334 | | increase for the purpose of (description of purpose of increase). |
---|
1335 | 1335 | | PROPOSED TAX RATE$______ per $100 |
---|
1336 | 1336 | | PRECEDING YEAR'S TAX RATE$______ per $100 |
---|
1337 | 1337 | | NO-NEW-REVENUE [EFFECTIVE] TAX RATE$______ per $100 |
---|
1338 | 1338 | | ROLLBACK TAX RATE$______ per $100 |
---|
1339 | 1339 | | "The no-new-revenue [effective] tax rate is the total tax rate |
---|
1340 | 1340 | | needed to raise the same amount of property tax revenue for (insert |
---|
1341 | 1341 | | name of county or municipality) from the same properties in both the |
---|
1342 | 1342 | | (insert preceding tax year) tax year and the (insert current tax |
---|
1343 | 1343 | | year) tax year. |
---|
1344 | 1344 | | "The rollback tax rate is the highest tax rate that (insert name of |
---|
1345 | 1345 | | county or municipality) may adopt before the voters are entitled to |
---|
1346 | 1346 | | petition for an election to limit the rate that may be approved to |
---|
1347 | 1347 | | the rollback tax rate. |
---|
1348 | 1348 | | "YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS |
---|
1349 | 1349 | | FOLLOWS: |
---|
1350 | 1350 | | property tax amount = (rate) x (taxable value of your property) / |
---|
1351 | 1351 | | 100 |
---|
1352 | 1352 | | "For assistance or detailed information about tax calculations, |
---|
1353 | 1353 | | please contact: |
---|
1354 | 1354 | | (insert name of county or municipal tax assessor-collector) |
---|
1355 | 1355 | | (insert name of county or municipality) tax |
---|
1356 | 1356 | | assessor-collector |
---|
1357 | 1357 | | (insert address) |
---|
1358 | 1358 | | (insert telephone number) |
---|
1359 | 1359 | | (insert e-mail address) |
---|
1360 | 1360 | | (insert Internet website address, if applicable) |
---|
1361 | 1361 | | "You are urged to attend and express your views at the following |
---|
1362 | 1362 | | public hearings on the proposed tax rate: |
---|
1363 | 1363 | | First Hearing: (insert date and time) at (insert location of |
---|
1364 | 1364 | | meeting). |
---|
1365 | 1365 | | Second Hearing: (insert date and time) at (insert location |
---|
1366 | 1366 | | of meeting)." |
---|
1367 | 1367 | | (f) A county or municipality shall[: |
---|
1368 | 1368 | | [(1)] provide the notice required by Subsection (d) or |
---|
1369 | 1369 | | (e), as applicable, not later than the later of September 1 or the |
---|
1370 | 1370 | | 30th day after the first date that the taxing unit has received each |
---|
1371 | 1371 | | applicable certified appraisal roll by: |
---|
1372 | 1372 | | (1) [(A)] publishing the notice in a newspaper having |
---|
1373 | 1373 | | general circulation in: |
---|
1374 | 1374 | | (A) [(i)] the county, in the case of notice |
---|
1375 | 1375 | | published by a county; or |
---|
1376 | 1376 | | (B) [(ii)] the county in which the municipality |
---|
1377 | 1377 | | is located or primarily located, in the case of notice published by |
---|
1378 | 1378 | | a municipality; [or] |
---|
1379 | 1379 | | (2) [(B)] mailing the notice to each property owner |
---|
1380 | 1380 | | in: |
---|
1381 | 1381 | | (A) [(i)] the county, in the case of notice |
---|
1382 | 1382 | | provided by a county; or |
---|
1383 | 1383 | | (B) [(ii)] the municipality, in the case of |
---|
1384 | 1384 | | notice provided by a municipality; or [and] |
---|
1385 | 1385 | | (3) posting [(2) post] the notice prominently on the |
---|
1386 | 1386 | | home page of the Internet website of the county or municipality, if |
---|
1387 | 1387 | | applicable, beginning not later than the later of September 1 or the |
---|
1388 | 1388 | | 30th day after the first date that the taxing unit has received each |
---|
1389 | 1389 | | applicable certified appraisal roll and continuing until the county |
---|
1390 | 1390 | | or municipality adopts a tax rate. |
---|
1391 | 1391 | | SECTION 30. Sections 403.302(m-1) and (n), Government Code, |
---|
1392 | 1392 | | are repealed. |
---|
1393 | 1393 | | SECTION 31. The comptroller shall comply with Sections |
---|
1394 | 1394 | | 5.07(f), (g), (h), and (i), Tax Code, as added by this Act, as soon |
---|
1395 | 1395 | | as practicable after January 1, 2020, but not later than April 30, |
---|
1396 | 1396 | | 2020. |
---|
1397 | 1397 | | SECTION 32. A person is entitled to an injunction under |
---|
1398 | 1398 | | Section 26.04(g), Tax Code, as amended by this Act, for failure to |
---|
1399 | 1399 | | comply with the requirements of Section 26.17(c) or 26.18, Tax |
---|
1400 | 1400 | | Code, as added by this Act, beginning with the 2021 tax year. |
---|
1401 | 1401 | | SECTION 33. Each appraisal district and taxing unit shall |
---|
1402 | 1402 | | comply with Sections 26.17(c) and 26.18, Tax Code, as added by this |
---|
1403 | 1403 | | Act, beginning with the 2021 tax year. |
---|
1404 | 1404 | | SECTION 34. (a) Except as otherwise provided by this Act, |
---|
1405 | 1405 | | this Act takes effect January 1, 2020. |
---|
1406 | 1406 | | (b) The following provisions take effect January 1, 2021: |
---|
1407 | 1407 | | (1) Sections 25.19(b) and (i), Tax Code, as amended by |
---|
1408 | 1408 | | this Act; and |
---|
1409 | 1409 | | (2) Section 26.18, Tax Code, as added by this Act. |
---|