2 | 3 | | |
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3 | 4 | | |
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4 | 5 | | R E S O L U T I O N |
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5 | 6 | | BE IT RESOLVED by the House of Representatives of the State of |
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6 | 7 | | Texas, 86th Legislature, Regular Session, 2019, That House Rule 13, |
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7 | 8 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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8 | 9 | | Section 9(f), to enable the conference committee appointed to |
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9 | 10 | | resolve the differences on Senate Bill 2 (ad valorem taxation; |
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10 | 11 | | authorizing fees) to consider and take action on the following |
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11 | 12 | | matters: |
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12 | 13 | | (1) House Rule 13, Section 9(a)(4), is suspended to permit |
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13 | 14 | | the committee to add text on a matter not included in either the |
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14 | 15 | | house or senate version of the bill by adding the following new |
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15 | 16 | | SECTION to the bill: |
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16 | 17 | | SECTION 2. Chapter 1, Tax Code, is amended by adding Section |
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17 | 18 | | 1.045 to read as follows: |
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18 | 19 | | Sec. 1.045. REFERENCE TO CERTAIN TERMS IN LAW. Unless the |
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19 | 20 | | context indicates otherwise: |
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20 | 21 | | (1) a reference in law to a taxing unit's effective |
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21 | 22 | | maintenance and operations rate is a reference to the taxing unit's |
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22 | 23 | | no-new-revenue maintenance and operations rate, as defined by |
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23 | 24 | | Chapter 26; |
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24 | 25 | | (2) a reference in law to a taxing unit's effective tax |
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25 | 26 | | rate is a reference to the taxing unit's no-new-revenue tax rate, as |
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26 | 27 | | defined by Chapter 26; and |
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27 | 28 | | (3) a reference in law to a taxing unit's rollback tax |
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28 | 29 | | rate is a reference to the taxing unit's voter-approval tax rate, as |
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29 | 30 | | defined by Chapter 26. |
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30 | 31 | | Explanation: The addition is necessary to ensure that |
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31 | 32 | | references in other law to terms in Title 1 of the Tax Code that are |
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32 | 33 | | changed in the bill are construed in accordance with the way those |
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33 | 34 | | terms are used in the bill. |
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34 | 35 | | (2) House Rule 13, Section 9(a)(1), is suspended to permit |
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35 | 36 | | the committee to amend text not in disagreement in proposed SECTION |
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36 | 37 | | 36 of the bill, in added Section 26.04(c-1)(2), Tax Code, to read as |
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37 | 38 | | follows: |
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38 | 39 | | (2) the third tax year after the tax year in which the |
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39 | 40 | | disaster occurred. |
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40 | 41 | | Explanation: The change is necessary to limit the period of |
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41 | 42 | | time during which certain taxing units may calculate the |
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42 | 43 | | voter-approval tax rate of the taxing unit at a higher rate |
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43 | 44 | | following certain disasters. |
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44 | 45 | | (3) House Rule 13, Section 9(a)(1), is suspended to permit |
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45 | 46 | | the committee to amend text not in disagreement in proposed SECTION |
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46 | 47 | | 36 of the bill, in amended Section 26.04(e), Tax Code, to read as |
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47 | 48 | | follows: |
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48 | 49 | | (e) By August 7 or as soon thereafter as practicable, the |
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49 | 50 | | designated officer or employee shall submit the rates to the |
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50 | 51 | | governing body. The designated officer or employee [He] shall post |
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51 | 52 | | prominently on the home page of the taxing unit's Internet website |
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52 | 53 | | [deliver by mail to each property owner in the unit or publish in a |
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53 | 54 | | newspaper] in the form prescribed by the comptroller: |
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54 | 55 | | (1) the no-new-revenue [effective] tax rate, the |
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55 | 56 | | voter-approval [rollback] tax rate, and an explanation of how they |
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56 | 57 | | were calculated; |
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57 | 58 | | (2) the estimated amount of interest and sinking fund |
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58 | 59 | | balances and the estimated amount of maintenance and operation or |
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59 | 60 | | general fund balances remaining at the end of the current fiscal |
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60 | 61 | | year that are not encumbered with or by corresponding existing debt |
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61 | 62 | | obligation; and |
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62 | 63 | | (3) a schedule of the taxing unit's debt obligations |
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63 | 64 | | showing: |
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64 | 65 | | (A) the amount of principal and interest that |
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65 | 66 | | will be paid to service the taxing unit's debts in the next year |
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66 | 67 | | from property tax revenue, including payments of lawfully incurred |
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67 | 68 | | contractual obligations providing security for the payment of the |
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68 | 69 | | principal of and interest on bonds and other evidences of |
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69 | 70 | | indebtedness issued on behalf of the taxing unit by another |
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70 | 71 | | political subdivision and, if the taxing unit is created under |
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71 | 72 | | Section 52, Article III, or Section 59, Article XVI, Texas |
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72 | 73 | | Constitution, payments on debts that the taxing unit anticipates to |
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73 | 74 | | incur in the next calendar year; |
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74 | 75 | | (B) the amount by which taxes imposed for debt |
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75 | 76 | | are to be increased because of the taxing unit's anticipated |
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76 | 77 | | collection rate; and |
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77 | 78 | | (C) the total of the amounts listed in Paragraphs |
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78 | 79 | | (A)-(B), less any amount collected in excess of the previous year's |
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79 | 80 | | anticipated collections certified as provided in Subsection (b)[; |
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80 | 81 | | [(4) the amount of additional sales and use tax |
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81 | 82 | | revenue anticipated in calculations under Section 26.041; |
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82 | 83 | | [(5) a statement that the adoption of a tax rate equal |
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83 | 84 | | to the effective tax rate would result in an increase or decrease, |
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84 | 85 | | as applicable, in the amount of taxes imposed by the unit as |
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85 | 86 | | compared to last year's levy, and the amount of the increase or |
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86 | 87 | | decrease; |
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87 | 88 | | [(6) in the year that a taxing unit calculates an |
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88 | 89 | | adjustment under Subsection (i) or (j), a schedule that includes |
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89 | 90 | | the following elements: |
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90 | 91 | | [(A) the name of the unit discontinuing the |
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91 | 92 | | department, function, or activity; |
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92 | 93 | | [(B) the amount of property tax revenue spent by |
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93 | 94 | | the unit listed under Paragraph (A) to operate the discontinued |
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94 | 95 | | department, function, or activity in the 12 months preceding the |
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95 | 96 | | month in which the calculations required by this chapter are made; |
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96 | 97 | | and |
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97 | 98 | | [(C) the name of the unit that operates a |
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98 | 99 | | distinct department, function, or activity in all or a majority of |
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99 | 100 | | the territory of a taxing unit that has discontinued operating the |
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100 | 101 | | distinct department, function, or activity; and |
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101 | 102 | | [(7) in the year following the year in which a taxing |
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102 | 103 | | unit raised its rollback rate as required by Subsection (j), a |
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103 | 104 | | schedule that includes the following elements: |
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104 | 105 | | [(A) the amount of property tax revenue spent by |
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105 | 106 | | the unit to operate the department, function, or activity for which |
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106 | 107 | | the taxing unit raised the rollback rate as required by Subsection |
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107 | 108 | | (j) for the 12 months preceding the month in which the calculations |
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108 | 109 | | required by this chapter are made; and |
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109 | 110 | | [(B) the amount published by the unit in the |
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110 | 111 | | preceding tax year under Subdivision (6)(B)]. |
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111 | 112 | | Explanation: The change is necessary to remove the |
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112 | 113 | | requirement that the designated officer or employee of a taxing |
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113 | 114 | | unit publish certain tax information in a newspaper. |
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114 | 115 | | (4) House Rule 13, Section 9(a)(1), is suspended to permit |
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115 | 116 | | the committee to amend text not in disagreement in proposed SECTION |
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116 | 117 | | 37 of the bill, in added Section 26.041(c-1)(2), Tax Code, to read |
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117 | 118 | | as follows: |
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118 | 119 | | (2) the third tax year after the tax year in which the |
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119 | 120 | | disaster occurred. |
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120 | 121 | | Explanation: The change is necessary to limit the period of |
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121 | 122 | | time during which certain taxing units may calculate the |
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122 | 123 | | voter-approval tax rate of the taxing unit at a higher rate |
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123 | 124 | | following certain disasters. |
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124 | 125 | | (5) House Rule 13, Section 9(a)(4), is suspended to permit |
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125 | 126 | | the committee to add text on a matter not included in either the |
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126 | 127 | | house or senate version of the bill in proposed SECTION 43 of the |
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127 | 128 | | bill by adding the following new Section 26.0443, Tax Code, to the |
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128 | 129 | | bill: |
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129 | 130 | | Sec. 26.0443. TAX RATE ADJUSTMENT FOR ELIGIBLE COUNTY |
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130 | 131 | | HOSPITAL EXPENDITURES. (a) In this section: |
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131 | 132 | | (1) "Eligible county hospital" means a hospital that: |
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132 | 133 | | (A) is: |
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133 | 134 | | (i) owned or leased by a county and operated |
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134 | 135 | | in accordance with Chapter 263, Health and Safety Code; or |
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135 | 136 | | (ii) owned or leased jointly by a |
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136 | 137 | | municipality and a county and operated in accordance with Chapter |
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137 | 138 | | 265, Health and Safety Code; and |
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138 | 139 | | (B) is located in an area not served by a hospital |
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139 | 140 | | district created under Sections 4 through 11, Article IX, Texas |
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140 | 141 | | Constitution. |
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141 | 142 | | (2) "Eligible county hospital expenditures" for a tax |
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142 | 143 | | year means the amount paid by a county or municipality in the period |
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143 | 144 | | beginning on July 1 of the tax year preceding the tax year for which |
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144 | 145 | | the tax is adopted and ending on June 30 of the tax year for which |
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145 | 146 | | the tax is adopted to maintain and operate an eligible county |
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146 | 147 | | hospital. |
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147 | 148 | | (b) If a county's or municipality's eligible county hospital |
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148 | 149 | | expenditures exceed the amount of those expenditures for the |
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149 | 150 | | preceding tax year, the no-new-revenue maintenance and operations |
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150 | 151 | | rate for the county or municipality, as applicable, is increased by |
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151 | 152 | | the lesser of the rates computed according to the following |
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152 | 153 | | formulas: |
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153 | 154 | | (Current Tax Year's Eligible County Hospital |
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154 | 155 | | Expenditures - Preceding Tax Year's Eligible County |
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155 | 156 | | Hospital Expenditures) / (Current Total Value - New |
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156 | 157 | | Property Value) |
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157 | 158 | | or |
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158 | 159 | | (Preceding Tax Year's Eligible County Hospital |
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159 | 160 | | Expenditures x 0.08) / (Current Total Value - New |
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160 | 161 | | Property Value) |
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161 | 162 | | (c) The county or municipality shall include a notice of the |
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162 | 163 | | increase in the no-new-revenue maintenance and operations rate |
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163 | 164 | | provided by this section, including a description and amount of |
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164 | 165 | | eligible county hospital expenditures, in the information |
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165 | 166 | | published under Section 26.04(e) and, as applicable, in the notice |
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166 | 167 | | prescribed by Section 26.06 or 26.061. |
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167 | 168 | | Explanation: The addition is necessary to add a provision to |
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168 | 169 | | Title 1 of the Tax Code to provide for a tax rate adjustment for |
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169 | 170 | | eligible county hospital expenditures. |
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170 | 171 | | (6) House Rule 13, Section 9(a)(1), is suspended to permit |
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171 | 172 | | the committee to amend text not in disagreement in proposed SECTION |
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172 | 173 | | 48 of the bill, in amended Section 26.06(a), Tax Code, to read as |
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173 | 174 | | follows: |
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174 | 175 | | (a) A public hearing required by Section 26.05 may not be |
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175 | 176 | | held before the fifth [seventh] day after the date the notice of the |
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176 | 177 | | public hearing is given. The [second hearing may not be held |
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177 | 178 | | earlier than the third day after the date of the first hearing. |
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178 | 179 | | Each] hearing must be on a weekday that is not a public holiday. The |
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179 | 180 | | [Each] hearing must be held inside the boundaries of the unit in a |
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180 | 181 | | publicly owned building or, if a suitable publicly owned building |
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181 | 182 | | is not available, in a suitable building to which the public |
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182 | 183 | | normally has access. At the hearing [hearings], the governing body |
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183 | 184 | | must afford adequate opportunity for proponents and opponents of |
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184 | 185 | | the tax increase to present their views. |
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185 | 186 | | Explanation: The change is necessary to prohibit holding a |
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186 | 187 | | public hearing on certain proposed tax rates before the fifth day |
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187 | 188 | | after the date the notice of hearing is given. |
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188 | 189 | | (7) House Rule 13, Section 9(a)(1), is suspended to permit |
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189 | 190 | | the committee to amend text not in disagreement in proposed SECTION |
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190 | 191 | | 48 of the bill, in added Sections 26.06(b-1) and (b-3), Tax Code, in |
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191 | 192 | | the language of the statement prescribed by those subsections that |
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192 | 193 | | describes the effect of the rejection by the voters of the proposed |
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193 | 194 | | tax rate, to read as follows: |
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194 | 195 | | If a majority of the voters reject the proposed tax rate, the tax |
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195 | 196 | | rate of the (name of taxing unit) will be the voter-approval tax |
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196 | 197 | | rate. |
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197 | 198 | | Explanation: The change is necessary to provide notice of |
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198 | 199 | | what tax rate applies to a taxing unit in a tax year if the voters |
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199 | 200 | | reject a proposed tax rate that exceeds the voter-approval tax |
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200 | 201 | | rate. |
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201 | 202 | | (8) House Rule 13, Section 9(a)(3), is suspended to permit |
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202 | 203 | | the committee to add text on a matter not in disagreement in SECTION |
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203 | 204 | | 48 of the bill, in added Sections 26.06(b-1), (b-2), and (b-3), Tax |
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204 | 205 | | Code, to read as follows: |
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205 | 206 | | "The 86th Texas Legislature modified the manner in which the |
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206 | 207 | | voter-approval tax rate is calculated to limit the rate of growth of |
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207 | 208 | | property taxes in the state." |
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208 | 209 | | Explanation: The addition is necessary to require that the |
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209 | 210 | | notice of a public hearing on certain proposed tax rates include a |
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210 | 211 | | statement that the 86th Texas Legislature modified the manner in |
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211 | 212 | | which the voter-approval tax rate is calculated. |
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212 | 213 | | (9) House Rule 13, Section 9(a)(1), is suspended to permit |
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213 | 214 | | the committee to amend text not in disagreement in proposed SECTION |
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214 | 215 | | 48 of the bill, in amended Sections 26.06(d) and (e), Tax Code, to |
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215 | 216 | | read as follows: |
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216 | 217 | | (d) The governing body may vote on the proposed tax rate at |
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217 | 218 | | the public hearing. If the governing body does not vote on the |
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218 | 219 | | proposed tax rate at the public hearing, [At the public hearings] |
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219 | 220 | | the governing body shall announce at the public hearing the date, |
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220 | 221 | | time, and place of the meeting at which it will vote on the proposed |
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221 | 222 | | tax rate. [After each hearing the governing body shall give notice |
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222 | 223 | | of the meeting at which it will vote on the proposed tax rate and the |
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223 | 224 | | notice shall be in the same form as prescribed by Subsections (b) |
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224 | 225 | | and (c), except that it must state the following: |
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225 | 226 | | ["NOTICE OF TAX REVENUE INCREASE |
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226 | 227 | | ["The (name of the taxing unit) conducted public hearings on |
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227 | 228 | | (date of first hearing) and (date of second hearing) on a proposal |
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228 | 229 | | to increase the total tax revenues of the (name of the taxing unit) |
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229 | 230 | | from properties on the tax roll in the preceding year by (percentage |
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230 | 231 | | by which proposed tax rate exceeds lower of rollback tax rate or |
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231 | 232 | | effective tax rate calculated under this chapter) percent. |
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232 | 233 | | ["The total tax revenue proposed to be raised last year at |
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233 | 234 | | last year's tax rate of (insert tax rate for the preceding year) for |
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234 | 235 | | each $100 of taxable value was (insert total amount of taxes imposed |
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235 | 236 | | in the preceding year). |
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236 | 237 | | ["The total tax revenue proposed to be raised this year at the |
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237 | 238 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
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238 | 239 | | taxable value, excluding tax revenue to be raised from new property |
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239 | 240 | | added to the tax roll this year, is (insert amount computed by |
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240 | 241 | | multiplying proposed tax rate by the difference between current |
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241 | 242 | | total value and new property value). |
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242 | 243 | | ["The total tax revenue proposed to be raised this year at the |
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243 | 244 | | proposed tax rate of (insert proposed tax rate) for each $100 of |
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244 | 245 | | taxable value, including tax revenue to be raised from new property |
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245 | 246 | | added to the tax roll this year, is (insert amount computed by |
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246 | 247 | | multiplying proposed tax rate by current total value). |
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247 | 248 | | ["The (governing body of the taxing unit) is scheduled to |
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248 | 249 | | vote on the tax rate that will result in that tax increase at a |
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249 | 250 | | public meeting to be held on (date of meeting) at (location of |
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250 | 251 | | meeting, including mailing address) at (time of meeting). |
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251 | 252 | | ["The (governing body of the taxing unit) proposes to use the |
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252 | 253 | | increase in total tax revenue for the purpose of (description of |
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253 | 254 | | purpose of increase)."] |
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254 | 255 | | (e) A [The] meeting to vote on the tax increase may not be |
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255 | 256 | | held [earlier than the third day or] later than the seventh [14th] |
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256 | 257 | | day after the date of the [second] public hearing. The meeting must |
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257 | 258 | | be held inside the boundaries of the taxing unit in a publicly owned |
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258 | 259 | | building or, if a suitable publicly owned building is not |
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259 | 260 | | available, in a suitable building to which the public normally has |
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260 | 261 | | access. [If the governing body does not adopt a tax rate that |
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261 | 262 | | exceeds the lower of the rollback tax rate or the effective tax rate |
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262 | 263 | | by the 14th day, it must give a new notice under Subsection (d) |
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263 | 264 | | before it may adopt a rate that exceeds the lower of the rollback |
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264 | 265 | | tax rate or the effective tax rate.] |
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265 | 266 | | Explanation: The changes are necessary to provide the manner |
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266 | 267 | | in which the governing body of a taxing unit must in certain |
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267 | 268 | | circumstances provide notice of the meeting at which the governing |
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268 | 269 | | body will adopt the taxing unit's proposed tax rate. |
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269 | 270 | | (10) House Rule 13, Section 9(a)(3), is suspended to permit |
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270 | 271 | | the committee to add text on a matter not in disagreement in SECTION |
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271 | 272 | | 49 of the bill, in added Section 26.061(b), Tax Code, to read as |
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272 | 273 | | follows: |
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273 | 274 | | "The 86th Texas Legislature modified the manner in which the |
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274 | 275 | | voter-approval tax rate is calculated to limit the rate of growth of |
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275 | 276 | | property taxes in the state." |
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276 | 277 | | Explanation: The addition is necessary to require that the |
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277 | 278 | | notice of a meeting on certain proposed tax rates include a |
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278 | 279 | | statement that the 86th Texas Legislature modified the manner in |
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279 | 280 | | which the voter-approval tax rate is calculated. |
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280 | 281 | | (11) House Rule 13, Section 9(a)(1), is suspended to permit |
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281 | 282 | | the committee to amend text not in disagreement in proposed SECTION |
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282 | 283 | | 57 of the bill, in added Section 26.16(d-2), Tax Code, to read as |
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283 | 284 | | follows: |
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284 | 285 | | (d-2) Not later than August 7, the county |
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285 | 286 | | assessor-collector shall post on the website the tax rate |
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286 | 287 | | calculation forms described by Subsection (d-1)(1) for the current |
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287 | 288 | | tax year. |
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288 | 289 | | Explanation: The change is necessary to give the county |
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289 | 290 | | assessor-collector of a county more time to post certain tax rate |
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290 | 291 | | calculation forms on the Internet. |
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291 | 292 | | (12) House Rule 13, Section 9(a)(3), is suspended to permit |
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292 | 293 | | the committee to add text on a matter not in disagreement in SECTION |
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293 | 294 | | 57 of the bill, in added Section 26.17(a), Tax Code, to read as |
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294 | 295 | | follows: |
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295 | 296 | | (6) includes the following statement: "The 86th Texas |
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296 | 297 | | Legislature modified the manner in which the voter-approval tax |
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297 | 298 | | rate is calculated to limit the rate of growth of property taxes in |
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298 | 299 | | the state.". |
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299 | 300 | | Explanation: The addition is necessary to require the chief |
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300 | 301 | | appraiser of an appraisal district to include in a property tax |
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301 | 302 | | database a statement that the 86th Texas Legislature modified the |
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302 | 303 | | manner in which the voter-approval tax rate is calculated. |
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303 | 304 | | (13) House Rule 13, Section 9(a)(1), is suspended to permit |
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304 | 305 | | the committee to amend text not in disagreement in proposed SECTION |
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305 | 306 | | 58 of the bill, in amended Section 31.12(b)(2), Tax Code, to read as |
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306 | 307 | | follows: |
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307 | 308 | | (2) if the refund is required by Section 26.07(g) or |
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308 | 309 | | 26.075(k), on the date the results of the election to approve or |
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309 | 310 | | reduce the tax rate, as applicable, are certified; |
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310 | 311 | | Explanation: The change is necessary to change the date on |
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311 | 312 | | which liability for certain tax refunds arises. |
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312 | 313 | | (14) House Rule 13, Section 9(a)(3), is suspended to permit |
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313 | 314 | | the committee to add text on a matter not in disagreement in SECTION |
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314 | 315 | | 66 of the bill, in amended Section 41.66, Tax Code, to read as |
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315 | 316 | | follows: |
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316 | 317 | | (j-2) An appraisal review board must schedule a hearing on a |
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317 | 318 | | protest filed by a property owner who is 65 years of age or older, |
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318 | 319 | | disabled, a military service member, a military veteran, or the |
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319 | 320 | | spouse of a military service member or military veteran before |
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320 | 321 | | scheduling a hearing on a protest filed by a designated agent of a |
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321 | 322 | | property owner. |
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322 | 323 | | Explanation: The addition is necessary to require an |
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323 | 324 | | appraisal review board to schedule a hearing on a protest filed by |
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324 | 325 | | certain persons before those of other persons. |
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325 | 326 | | (15) House Rule 13, Section 9(a)(2), is suspended to permit |
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326 | 327 | | the committee to omit text not in disagreement by omitting SECTION |
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327 | 328 | | 68 of the senate engrossment of Senate Bill 2 and the corresponding |
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328 | 329 | | section of the bill as the bill was amended by the house, which |
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329 | 330 | | reads as follows: |
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330 | 331 | | SECTION 68. Section 45.105(e), Education Code, is amended |
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331 | 332 | | to read as follows: |
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332 | 333 | | (e) The governing body of an independent school district |
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333 | 334 | | that governs a junior college district under Subchapter B, Chapter |
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334 | 335 | | 130, in a county with a population of more than two million may |
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335 | 336 | | dedicate a specific percentage of the local tax levy to the use of |
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336 | 337 | | the junior college district for facilities and equipment or for the |
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337 | 338 | | maintenance and operating expenses of the junior college district. |
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338 | 339 | | To be effective, the dedication must be made by the governing body |
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339 | 340 | | on or before the date on which the governing body adopts its tax |
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340 | 341 | | rate for a year. The amount of local tax funds derived from the |
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341 | 342 | | percentage of the local tax levy dedicated to a junior college |
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342 | 343 | | district from a tax levy may not exceed the amount that would be |
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343 | 344 | | levied by five percent of the no-new-revenue [effective] tax rate |
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344 | 345 | | for the tax year calculated as provided by Section 26.04, Tax Code, |
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345 | 346 | | on all property taxable by the school district. All real property |
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346 | 347 | | purchased with these funds is the property of the school district, |
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347 | 348 | | but is subject to the exclusive control of the governing body of the |
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348 | 349 | | junior college district for as long as the junior college district |
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349 | 350 | | uses the property for educational purposes. |
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350 | 351 | | Explanation: The omission is necessary to ensure consistency |
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351 | 352 | | of terminology used in the Education Code to describe certain tax |
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352 | 353 | | rates. |
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353 | 354 | | (16) House Rule 13, Section 9(a)(4), is suspended to permit |
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354 | 355 | | the committee to add text on a matter not included in either the |
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355 | 356 | | house or senate version of the bill by adding the following new |
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356 | 357 | | SECTIONS to the bill: |
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357 | 358 | | SECTION 76. Section 281.107(j), Health and Safety Code, is |
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358 | 359 | | amended to read as follows: |
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359 | 360 | | (j) The portion of the rate of ad valorem tax that is to be |
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360 | 361 | | levied and assessed each year by or for the district that is |
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361 | 362 | | allocated by the district to the payment of the principal of and the |
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362 | 363 | | interest on bonds and other obligations or the maintenance of |
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363 | 364 | | reserves therefor in accordance with this section shall be applied |
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364 | 365 | | as a payment on current debt in calculating the current debt rate |
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365 | 366 | | under the applicable voter-approval tax rate [rollback] provisions |
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366 | 367 | | of Chapter 26, Tax Code. |
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367 | 368 | | SECTION 77. The heading to Section 281.124, Health and |
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368 | 369 | | Safety Code, is amended to read as follows: |
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369 | 370 | | Sec. 281.124. ELECTION TO APPROVE TAX RATE IN EXCESS OF |
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370 | 371 | | VOTER-APPROVAL [ROLLBACK] TAX RATE. |
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371 | 372 | | Explanation: The addition is necessary to ensure consistency |
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372 | 373 | | of terminology used in the Health and Safety Code and Title 1 of the |
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373 | 374 | | Tax Code to describe certain tax rates. |
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374 | 375 | | (17) House Rule 13, Section 9(a)(3), is suspended to permit |
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375 | 376 | | the committee to add text on a matter not in disagreement in SECTION |
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376 | 377 | | 78 of the bill, in amended Section 281.124, Health and Safety Code, |
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377 | 378 | | to read as follows: |
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378 | 379 | | (b) The board may hold an election at which the registered |
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379 | 380 | | voters of the district may approve a tax rate for the current tax |
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380 | 381 | | year that exceeds the district's voter-approval [rollback] tax rate |
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381 | 382 | | for the year computed under Chapter 26, Tax Code, by a specific rate |
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382 | 383 | | stated in dollars and cents per $100 of taxable value. |
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383 | 384 | | (c) An election under this section must be held at least 180 |
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384 | 385 | | days before the date on which the district's tax rate is adopted by |
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385 | 386 | | the board. At the election, the ballot shall be prepared to permit |
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386 | 387 | | voting for or against the proposition: "Approving the ad valorem |
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387 | 388 | | tax rate of $ (insert total proposed tax rate) per $100 valuation in |
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388 | 389 | | (insert district name) for the (insert current tax year) tax year, a |
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389 | 390 | | rate that exceeds the district's voter-approval [rollback] tax |
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390 | 391 | | rate. The proposed ad valorem tax rate exceeds the ad valorem tax |
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391 | 392 | | rate most recently adopted by the district by $ (insert difference |
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392 | 393 | | between proposed and preceding year's tax rates) per $100 |
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393 | 394 | | valuation." |
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394 | 395 | | Explanation: The addition is necessary to ensure consistency |
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395 | 396 | | of terminology used in the Health and Safety Code and Title 1 of the |
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396 | 397 | | Tax Code to describe certain tax rates. |
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397 | 398 | | (18) House Rule 13, Section 9(a)(4), is suspended to permit |
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398 | 399 | | the committee to add text on a matter not included in either the |
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399 | 400 | | house or senate version of the bill by adding the following new |
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400 | 401 | | SECTION to the bill: |
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401 | 402 | | SECTION 85. Section 49.057, Water Code, is amended by |
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402 | 403 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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403 | 404 | | follows: |
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404 | 405 | | (b) The board shall adopt an annual budget. The board of a |
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405 | 406 | | developed district, as defined by Section 49.23602, shall include |
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406 | 407 | | as an appendix to the budget the district's: |
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407 | 408 | | (1) audited financial statements; |
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408 | 409 | | (2) bond transcripts; and |
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409 | 410 | | (3) engineer's reports required by Section 49.106. |
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410 | 411 | | (b-1) All district employees are employed at the will of the |
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411 | 412 | | district unless the district and employee execute a written |
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412 | 413 | | employment contract. |
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413 | 414 | | Explanation: The addition is necessary to ensure that the |
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414 | 415 | | board of certain special districts includes an appendix in the |
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415 | 416 | | district's budget that includes certain information. |
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416 | 417 | | (19) House Rule 13, Section 9(a)(1), is suspended to permit |
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417 | 418 | | the committee to amend text not in disagreement in proposed SECTION |
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418 | 419 | | 105 of the bill, in the transition language, to read as follows: |
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419 | 420 | | SECTION 105. (a) An appraisal district established in a |
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420 | 421 | | county with a population of 200,000 or more and each taxing unit |
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421 | 422 | | located wholly or primarily in such an appraisal district shall |
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422 | 423 | | comply with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and |
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423 | 424 | | 26.18, Tax Code, as added by this Act, beginning with the 2020 tax |
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424 | 425 | | year. |
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425 | 426 | | (b) An appraisal district established in a county with a |
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426 | 427 | | population of less than 200,000 and each taxing unit located wholly |
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427 | 428 | | or primarily in such an appraisal district shall comply with |
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428 | 429 | | Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax |
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429 | 430 | | Code, as added by this Act, beginning with the 2021 tax year. |
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430 | 431 | | Explanation: The change is necessary to provide for the |
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431 | 432 | | applicability and implementation of certain provisions of the Tax |
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432 | 433 | | Code added by the bill. |
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433 | 434 | | (20) House Rule 13, Section 9(a)(1), is suspended to permit |
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434 | 435 | | the committee to amend text not in disagreement in proposed SECTION |
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435 | 436 | | 111 of the bill, in the transition language, to read as follows: |
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436 | 437 | | SECTION 111. Sections 41.46, 41.461, 41.47, 41.66(h), (i), |
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437 | 438 | | and (j), and 41.67, Tax Code, as amended by this Act, and Sections |
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438 | 439 | | 41.66(j-1), (j-2), and (p), Tax Code, as added by this Act, apply |
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439 | 440 | | only to a protest for which the notice of protest was filed by a |
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440 | 441 | | property owner or the designated agent of the owner with the |
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441 | 442 | | appraisal review board established for an appraisal district on or |
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442 | 443 | | after January 1, 2020. |
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443 | 444 | | Explanation: The change is necessary to provide for the |
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444 | 445 | | implementation of certain provisions of the Tax Code added by the |
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445 | 446 | | bill. |
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446 | 447 | | (21) House Rule 13, Section 9(a)(4), is suspended to permit |
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447 | 448 | | the committee to add text on a matter not included in either the |
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448 | 449 | | house or senate version of the bill by adding the following new |
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449 | 450 | | SECTIONS to the bill: |
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450 | 451 | | SECTION 115. Section 42.081, Tax Code, as added by this Act, |
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451 | 452 | | applies only to an appeal under Chapter 42, Tax Code, that is filed |
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452 | 453 | | on or after January 1, 2020. |
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453 | 454 | | SECTION 117. Section 49.057, Water Code, as amended by this |
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454 | 455 | | Act, applies only to a budget adopted on or after January 1, 2020. |
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455 | 456 | | Explanation: The changes are necessary to provide for the |
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456 | 457 | | implementation of certain provisions of the Tax Code and Water Code |
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457 | 458 | | added by the bill. |
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458 | 459 | | (22) House Rule 13, Section 9(a)(2), is suspended to permit |
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459 | 460 | | the committee to omit text not in disagreement in SECTION 110 of the |
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460 | 461 | | senate engrossment of Senate Bill 2 and the corresponding section |
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461 | 462 | | of the bill as the bill was amended by the house by striking |
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462 | 463 | | references to Sections 26.04(e-2), (e-3), and (e-4) and Sections |
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463 | 464 | | 26.05(d-1) and (d-2), Tax Code. |
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464 | 465 | | Explanation: The omission is necessary to implement the |
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465 | 466 | | changes made in SECTION 105 by the bill. |
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