7 | | - | SECTION 1. This Act may be cited as the Texas Property Tax |
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8 | | - | Reform and Transparency Act of 2019. |
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9 | | - | SECTION 2. Chapter 1, Tax Code, is amended by adding Section |
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10 | | - | 1.045 to read as follows: |
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11 | | - | Sec. 1.045. REFERENCE TO CERTAIN TERMS IN LAW. Unless the |
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12 | | - | context indicates otherwise: |
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13 | | - | (1) a reference in law to a taxing unit's effective |
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14 | | - | maintenance and operations rate is a reference to the taxing unit's |
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15 | | - | no-new-revenue maintenance and operations rate, as defined by |
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16 | | - | Chapter 26; |
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17 | | - | (2) a reference in law to a taxing unit's effective tax |
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18 | | - | rate is a reference to the taxing unit's no-new-revenue tax rate, as |
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19 | | - | defined by Chapter 26; and |
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20 | | - | (3) a reference in law to a taxing unit's rollback tax |
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21 | | - | rate is a reference to the taxing unit's voter-approval tax rate, as |
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22 | | - | defined by Chapter 26. |
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23 | | - | SECTION 3. Section 1.07(a), Tax Code, is amended to read as |
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24 | | - | follows: |
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25 | | - | (a) An official or agency required by this title to deliver |
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26 | | - | a notice to a property owner may deliver the notice by regular |
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27 | | - | first-class mail, with postage prepaid, unless this section or |
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28 | | - | another provision of this title requires or authorizes a different |
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29 | | - | method of delivery or the parties agree that the notice must be |
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30 | | - | delivered as provided by Section 1.085 or 1.086. |
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31 | | - | SECTION 4. Section 1.085(a), Tax Code, is amended to read as |
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| 11 | + | SECTION 1. This Act may be cited as the Texas Taxpayer |
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| 12 | + | Transparency Act of 2019. |
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| 13 | + | SECTION 2. Section 1.085(a), Tax Code, is amended to read as |
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45 | | - | SECTION 5. Chapter 1, Tax Code, is amended by adding Section |
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46 | | - | 1.086 to read as follows: |
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47 | | - | Sec. 1.086. DELIVERY OF CERTAIN NOTICES BY E-MAIL. (a) On |
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48 | | - | the written request of the owner of a residential property that is |
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49 | | - | occupied by the owner as the owner's principal residence, the chief |
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50 | | - | appraiser of the appraisal district in which the property is |
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51 | | - | located shall send each notice required by this title related to the |
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52 | | - | following to the e-mail address of the owner: |
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53 | | - | (1) a change in value of the property; |
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54 | | - | (2) the eligibility of the property for an exemption; |
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55 | | - | or |
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56 | | - | (3) the grant, denial, cancellation, or other change |
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57 | | - | in the status of an exemption or exemption application applicable |
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58 | | - | to the property. |
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59 | | - | (b) A property owner must provide the e-mail address to |
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60 | | - | which the chief appraiser must send the notices described by |
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61 | | - | Subsection (a) in a request made under that subsection. |
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62 | | - | (c) A chief appraiser who delivers a notice electronically |
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63 | | - | under this section is not required to mail the same notice to the |
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64 | | - | property owner. |
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65 | | - | (d) A request made under this section remains in effect |
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66 | | - | until revoked by the property owner in a written revocation filed |
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67 | | - | with the chief appraiser. |
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68 | | - | (e) After a property owner makes a request under this |
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69 | | - | section and before a chief appraiser may deliver a notice |
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70 | | - | electronically under this section, the chief appraiser must send an |
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71 | | - | e-mail to the address provided by the property owner confirming the |
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72 | | - | owner's request to receive notices electronically. |
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73 | | - | (f) The chief appraiser of an appraisal district that |
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74 | | - | maintains an Internet website shall provide a form on the website |
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75 | | - | that a property owner may use to electronically make a request under |
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76 | | - | this section. |
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77 | | - | SECTION 6. Chapter 5, Tax Code, is amended by adding Section |
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| 27 | + | SECTION 3. Chapter 5, Tax Code, is amended by adding Section |
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104 | 54 | | Code, are amended to read as follows: |
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105 | 55 | | (b) A member of the appraisal review board established for |
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106 | 56 | | an appraisal district must complete the course established under |
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107 | 57 | | Subsection (a). The course must provide at least eight hours of |
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108 | 58 | | classroom training and education. A member of the appraisal review |
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109 | 59 | | board may not participate in a hearing conducted by the board unless |
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110 | 60 | | the person has completed the course established under Subsection |
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111 | 61 | | (a) and received a certificate of course completion. |
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112 | 62 | | (c) The comptroller may contract with service providers to |
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113 | 63 | | assist with the duties imposed under Subsection (a), but the course |
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114 | 64 | | required may not be provided by an appraisal district, the chief |
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115 | 65 | | appraiser or another employee of an appraisal district, a member of |
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116 | 66 | | the board of directors of an appraisal district, a member of an |
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117 | 67 | | appraisal review board, or a taxing unit. The comptroller may |
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118 | 68 | | assess a fee to recover a portion of the costs incurred for the |
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119 | 69 | | training course, but the fee may not exceed $50 for each [per] |
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120 | 70 | | person trained. If the training is provided to an individual other |
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121 | 71 | | than a member of an appraisal review board, the comptroller may |
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122 | 72 | | assess a fee not to exceed $50 for each person trained. |
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123 | 73 | | (e-1) In addition to the course established under |
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124 | 74 | | Subsection (a), the comptroller shall approve curricula and provide |
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125 | 75 | | materials for use in a continuing education course for members of an |
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126 | 76 | | appraisal review board. The course must provide at least four hours |
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127 | 77 | | of classroom training and education. The curricula and materials |
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128 | 78 | | must include information regarding: |
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129 | 79 | | (1) the cost, income, and market data comparison |
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130 | 80 | | methods of appraising property; |
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131 | 81 | | (2) the appraisal of business personal property; |
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132 | 82 | | (3) the determination of capitalization rates for |
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133 | 83 | | property appraisal purposes; |
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134 | 84 | | (4) the duties of an appraisal review board; |
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135 | 85 | | (5) the requirements regarding the independence of an |
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136 | 86 | | appraisal review board from the board of directors and the chief |
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137 | 87 | | appraiser and other employees of the appraisal district; |
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138 | 88 | | (6) the prohibitions against ex parte communications |
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139 | 89 | | applicable to appraisal review board members; |
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140 | 90 | | (7) the Uniform Standards of Professional Appraisal |
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141 | 91 | | Practice; |
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142 | 92 | | (8) the duty of the appraisal district to substantiate |
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143 | 93 | | the district's determination of the value of property; |
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144 | 94 | | (9) the requirements regarding the equal and uniform |
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145 | 95 | | appraisal of property; |
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146 | 96 | | (10) the right of a property owner to protest the |
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147 | 97 | | appraisal of the property as provided by Chapter 41; and |
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148 | 98 | | (11) a detailed explanation of each of the actions |
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149 | 99 | | described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413, |
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150 | 100 | | 41.42, and 41.43 so that members are fully aware of each of the |
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151 | 101 | | grounds on which a property appraisal can be appealed. |
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152 | 102 | | (e-3) The comptroller may contract with service providers |
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153 | 103 | | to assist with the duties imposed under Subsection (e-1), but the |
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154 | 104 | | course required by that subsection may not be provided by an |
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155 | 105 | | appraisal district, the chief appraiser or another employee of an |
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156 | 106 | | appraisal district, a member of the board of directors of an |
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157 | 107 | | appraisal district, a member of an appraisal review board, or a |
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158 | 108 | | taxing unit. The comptroller may assess a fee to recover a portion |
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159 | 109 | | of the costs incurred for the continuing education course, but the |
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160 | 110 | | fee may not exceed $50 for each person trained. If the training is |
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161 | 111 | | provided to an individual other than a member of an appraisal review |
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162 | 112 | | board, the comptroller may assess a fee not to exceed $50 for each |
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163 | 113 | | person trained. |
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165 | 115 | | 5.043 to read as follows: |
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166 | 116 | | Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section |
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167 | 117 | | applies only to persons who have agreed to serve as arbitrators |
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168 | 118 | | under Chapter 41A. |
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169 | 119 | | (b) The comptroller shall: |
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170 | 120 | | (1) approve curricula and provide an arbitration |
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171 | 121 | | manual and other materials for use in training and educating |
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172 | 122 | | arbitrators; |
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173 | 123 | | (2) make all materials for use in training and |
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174 | 124 | | educating arbitrators freely available online; and |
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175 | 125 | | (3) establish and supervise a training program on |
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176 | 126 | | property tax law for the training and education of arbitrators. |
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177 | 127 | | (c) The training program must: |
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178 | 128 | | (1) emphasize the requirements regarding the equal and |
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179 | 129 | | uniform appraisal of property; and |
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180 | 130 | | (2) be at least four hours in length. |
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181 | 131 | | (d) The training program may be provided online. The |
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182 | 132 | | comptroller by rule may prescribe the manner by which the |
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183 | 133 | | comptroller may verify that a person taking the training program |
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184 | 134 | | online has taken and completed the program. |
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185 | 135 | | (e) The comptroller may contract with service providers to |
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186 | 136 | | assist with the duties imposed under Subsection (b), but the |
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187 | 137 | | training program may not be provided by an appraisal district, the |
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188 | 138 | | chief appraiser or another employee of an appraisal district, a |
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189 | 139 | | member of the board of directors of an appraisal district, a member |
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190 | 140 | | of an appraisal review board, or a taxing unit. The comptroller may |
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191 | 141 | | assess a fee to recover a portion of the costs incurred for the |
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192 | 142 | | training program, but the fee may not exceed $50 for each person |
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193 | 143 | | trained. If the training is provided to a person other than a |
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194 | 144 | | person who has agreed to serve as an arbitrator under Chapter 41A, |
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195 | 145 | | the comptroller may assess a fee not to exceed $50 for each person |
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196 | 146 | | trained. |
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197 | 147 | | (f) The comptroller shall prepare an arbitration manual for |
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198 | 148 | | use in the training program. The manual shall be updated regularly |
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199 | 149 | | and may be revised on request, in writing, to the comptroller. The |
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200 | 150 | | revised language must be approved by the unanimous agreement of a |
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201 | 151 | | committee selected by the comptroller and representing, equally, |
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202 | 152 | | taxpayers and chief appraisers. The person requesting the revision |
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203 | 153 | | must pay the costs of mediation if the comptroller determines that |
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204 | 154 | | mediation is required. |
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225 | 170 | | Chapter 26; and |
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226 | 171 | | (B) submit the rate to maintain the same amount |
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227 | 172 | | of state and local revenue per weighted student that the district |
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228 | 173 | | received in the school year beginning in the preceding tax year as |
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229 | 174 | | required by Chapter 26. |
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230 | 175 | | (g) The forms described by Subsection (f) must be in an |
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231 | 176 | | electronic format and: |
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232 | 177 | | (1) have blanks that can be filled in electronically; |
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233 | 178 | | (2) be capable of being certified by the designated |
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234 | 179 | | officer or employee after completion as accurately calculating the |
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235 | 180 | | applicable tax rates and using values that are the same as the |
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236 | 181 | | values shown in, as applicable: |
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237 | 182 | | (A) the taxing unit's certified appraisal roll; |
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238 | 183 | | or |
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239 | 184 | | (B) the certified estimate of taxable value of |
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240 | 185 | | property in the taxing unit prepared under Section 26.01(a-1); and |
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241 | 186 | | (3) be capable of being electronically incorporated |
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242 | 187 | | into the property tax database maintained by each appraisal |
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243 | 188 | | district under Section 26.17 and submitted electronically to the |
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244 | 189 | | county assessor-collector of each county in which all or part of the |
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245 | 190 | | territory of the taxing unit is located. |
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246 | 191 | | (h) For purposes of Subsections (f) and (g), the comptroller |
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247 | 192 | | shall use the forms published on the comptroller's Internet website |
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248 | 193 | | as of January 1, 2019, modified as necessary to comply with the |
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249 | 194 | | requirements of this section. The comptroller shall update the |
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250 | 195 | | forms as necessary to reflect formatting or other nonsubstantive |
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251 | 196 | | changes. |
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252 | 197 | | (i) The comptroller may revise the forms to reflect |
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253 | 198 | | substantive changes other than those described by Subsection (h) or |
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254 | 199 | | on receipt of a request in writing. A revision under this |
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255 | 200 | | subsection must be approved by the agreement of a majority of the |
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256 | 201 | | members of a committee selected by the comptroller who are present |
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257 | 202 | | at a committee meeting at which a quorum is present. The members of |
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258 | 203 | | the committee must represent, equally, taxpayers, taxing units or |
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259 | 204 | | persons designated by taxing units, and assessors. In the case of a |
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260 | 205 | | revision for which the comptroller receives a request in writing, |
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261 | 206 | | the person requesting the revision shall pay the costs of mediation |
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262 | 207 | | if the comptroller determines that mediation is required. |
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263 | 208 | | (j) A meeting of the committee held under Subsection (i) is |
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264 | 209 | | not subject to the requirements of Chapter 551, Government Code. |
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301 | 246 | | amended to read as follows: |
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302 | 247 | | (a) At least once every two years, the comptroller shall |
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303 | 248 | | review the governance of each appraisal district, the taxpayer |
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304 | 249 | | assistance provided by each appraisal district, and the operating |
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305 | 250 | | and appraisal standards, procedures, and methodology used by each |
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306 | 251 | | appraisal district, to determine compliance with generally |
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307 | 252 | | accepted standards, procedures, and methodology, including |
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308 | 253 | | compliance with standards, procedures, and methodology prescribed |
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309 | 254 | | by any appraisal manuals required by law to be prepared and issued |
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310 | 255 | | by the comptroller. After consultation with the property tax |
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311 | 256 | | administration advisory board [committee created under Section |
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312 | 257 | | 403.302, Government Code], the comptroller by rule may establish |
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313 | 258 | | procedures and standards for conducting and scoring the review. |
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314 | 259 | | (c) At the conclusion of the review, the comptroller shall, |
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315 | 260 | | in writing, notify the appraisal district concerning its |
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316 | 261 | | performance in the review. If the review results in a finding that |
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317 | 262 | | an appraisal district is not in compliance with generally accepted |
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318 | 263 | | standards, procedures, and methodology, including compliance with |
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319 | 264 | | standards, procedures, and methodology prescribed by any appraisal |
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320 | 265 | | manuals required by law to be prepared and issued by the |
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321 | 266 | | comptroller, the comptroller shall deliver a report that details |
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322 | 267 | | the comptroller's findings and recommendations for improvement to: |
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323 | 268 | | (1) the appraisal district's chief appraiser and board |
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324 | 269 | | of directors; and |
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325 | 270 | | (2) the superintendent and board of trustees of each |
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326 | 271 | | school district participating in the appraisal district. |
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331 | 276 | | (1) prepare an appraisal review board survey that |
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332 | 277 | | allows an individual described by Subsection (b) to submit comments |
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333 | 278 | | and suggestions to the comptroller regarding an appraisal review |
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334 | 279 | | board; |
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335 | 280 | | (2) prepare instructions for completing and |
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336 | 281 | | submitting the survey; and |
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337 | 282 | | (3) implement and maintain a method that allows an |
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338 | 283 | | individual described by Subsection (b) to electronically complete |
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339 | 284 | | and submit the survey through a uniform resource locator (URL) |
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340 | 285 | | address. |
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341 | 286 | | (b) The following individuals who attend a hearing in person |
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342 | 287 | | or by telephone conference call on a motion filed under Section |
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343 | 288 | | 25.25 to correct the appraisal roll or a protest under Chapter 41 |
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344 | 289 | | may complete and submit a survey under this section: |
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345 | 290 | | (1) a property owner whose property is the subject of |
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346 | 291 | | the motion or protest; |
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347 | 292 | | (2) the designated agent of the owner; or |
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348 | 293 | | (3) a designated representative of the appraisal |
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349 | 294 | | district in which the motion or protest is filed. |
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350 | 295 | | (c) The survey must allow an individual to submit comments |
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351 | 296 | | and suggestions regarding: |
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352 | 297 | | (1) the matters listed in Section 5.103(b); and |
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353 | 298 | | (2) any other matter related to the fairness and |
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354 | 299 | | efficiency of the appraisal review board. |
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355 | 300 | | (d) An appraisal district must provide to each property |
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356 | 301 | | owner or designated agent of the owner who is authorized to submit a |
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357 | 302 | | survey under this section a notice that states that the owner or |
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358 | 303 | | agent: |
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359 | 304 | | (1) is entitled to complete and submit the survey; |
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360 | 305 | | (2) may submit the survey to the comptroller: |
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361 | 306 | | (A) in person; |
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362 | 307 | | (B) by mail; |
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363 | 308 | | (C) by electronic mail; or |
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364 | 309 | | (D) through the uniform resource locator (URL) |
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365 | 310 | | address described by Subsection (a)(3); and |
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366 | 311 | | (3) may obtain a paper copy of the survey and |
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367 | 312 | | instructions for completing the survey at the appraisal office. |
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368 | 313 | | (e) The notice described by Subsection (d) must include the |
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369 | 314 | | uniform resource locator (URL) address described by Subsection |
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370 | 315 | | (a)(3). |
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371 | 316 | | (f) An appraisal district must provide the notice described |
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372 | 317 | | by Subsection (d) to a property owner or the designated agent of the |
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373 | 318 | | owner: |
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374 | 319 | | (1) at or before the first hearing on the motion or |
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375 | 320 | | protest described by Subsection (b) by the appraisal review board |
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376 | 321 | | established for the appraisal district or by a panel of the board; |
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377 | 322 | | and |
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378 | 323 | | (2) with each order under Section 25.25 or 41.47 |
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379 | 324 | | determining a motion or protest, as applicable, delivered by the |
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380 | 325 | | board or a panel of the board. |
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381 | 326 | | (g) At or before the first hearing on the motion or protest |
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382 | 327 | | described by Subsection (b) by the appraisal review board |
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383 | 328 | | established for the appraisal district or by a panel of the board, |
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384 | 329 | | the board or panel must provide verbal notice to the property owner |
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385 | 330 | | or designated agent of the owner of the owner or agent's right to |
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386 | 331 | | complete and submit the survey. |
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387 | 332 | | (h) Notwithstanding Subsections (d), (f), and (g), if an |
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388 | 333 | | appraisal district provides the notice described by Subsection (d), |
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389 | 334 | | or an appraisal review board provides the verbal notice required by |
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390 | 335 | | Subsection (g), to a property owner or the designated agent of the |
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391 | 336 | | owner at or before a hearing on a motion or protest described by |
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392 | 337 | | Subsection (b), the appraisal district or board, as applicable, is |
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393 | 338 | | not required to provide another notice in the same manner to the |
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394 | 339 | | owner or agent at or before another hearing on a motion or protest |
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395 | 340 | | held on the same day. |
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396 | 341 | | (i) An individual who elects to submit the survey must |
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458 | | - | SECTION 19. Subchapter A, Chapter 6, Tax Code, is amended by |
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459 | | - | adding Section 6.16 to read as follows: |
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460 | | - | Sec. 6.16. RESIDENTIAL PROPERTY OWNER ASSISTANCE. (a) The |
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461 | | - | chief appraiser of an appraisal district may maintain a list of the |
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462 | | - | following individuals who have designated themselves as an |
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463 | | - | individual who will provide free assistance to an owner of |
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464 | | - | residential property that is occupied by the owner as the owner's |
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465 | | - | principal residence: |
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466 | | - | (1) a real estate broker or sales agent licensed under |
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467 | | - | Chapter 1101, Occupations Code; |
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468 | | - | (2) a real estate appraiser licensed or certified |
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469 | | - | under Chapter 1103, Occupations Code; or |
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470 | | - | (3) a property tax consultant registered under Chapter |
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471 | | - | 1152, Occupations Code. |
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472 | | - | (b) On the request of an owner described by Subsection (a), |
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473 | | - | a chief appraiser who maintains a list under this section shall |
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474 | | - | provide to the owner a copy of the list. |
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475 | | - | (c) A list must: |
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476 | | - | (1) be organized by county; |
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477 | | - | (2) be available on the appraisal district's Internet |
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478 | | - | website, if the appraisal district maintains a website; and |
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479 | | - | (3) provide the name, contact information, and job |
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480 | | - | title of each individual who will provide free assistance. |
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481 | | - | (d) A person must designate himself or herself as an |
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482 | | - | individual who will provide free assistance by completing a form |
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483 | | - | prescribed by the chief appraiser and submitting the form to the |
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484 | | - | chief appraiser. |
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485 | | - | SECTION 20. Section 6.41, Tax Code, is amended by amending |
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| 394 | + | SECTION 15. Section 6.41, Tax Code, is amended by amending |
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486 | 395 | | Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and |
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487 | 396 | | (d-10) to read as follows: |
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488 | 397 | | (b) Except as provided by Subsection (b-1) or (b-2), an |
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489 | 398 | | appraisal review [The] board consists of three members. |
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490 | 399 | | (b-1) An appraisal [However, the] district board of |
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491 | 400 | | directors by resolution of a majority of the board's [its] members |
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492 | 401 | | may increase the size of the district's appraisal review board to |
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493 | 402 | | the number of members the board of directors considers appropriate. |
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494 | 403 | | (b-2) An appraisal district board of directors for a |
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495 | 404 | | district established in a county with a population of one million or |
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496 | 405 | | more by resolution of a majority of the board's members shall |
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497 | 406 | | increase the size of the district's appraisal review board to the |
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498 | 407 | | number of members the board of directors considers appropriate to |
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499 | 408 | | manage the duties of the appraisal review board, including the |
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500 | 409 | | duties of each special panel established under Section 6.425. |
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501 | 410 | | (d-9) In selecting individuals who are to serve as members |
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502 | 411 | | of the appraisal review board for an appraisal district described |
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503 | 412 | | by Subsection (b-2), the local administrative district judge shall |
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504 | 413 | | select an adequate number of qualified individuals to permit the |
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505 | 414 | | chairman of the appraisal review board to fill the positions on each |
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506 | 415 | | special panel established under Section 6.425. |
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507 | 416 | | (d-10) Upon selection of the individuals who are to serve as |
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508 | 417 | | members of the appraisal review board, the local administrative |
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509 | 418 | | district judge shall enter an appropriate order designating such |
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510 | 419 | | members and setting each member's respective term of office, as |
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511 | 420 | | provided elsewhere in this section. |
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513 | 422 | | amended to read as follows: |
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514 | 423 | | (a) An individual is ineligible to serve on an appraisal |
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515 | 424 | | review board if the individual: |
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516 | 425 | | (1) is related within the second degree by |
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517 | 426 | | consanguinity or affinity, as determined under Chapter 573, |
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518 | 427 | | Government Code, to an individual who is engaged in the business of |
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519 | 428 | | appraising property for compensation for use in proceedings under |
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520 | 429 | | this title or of representing property owners for compensation in |
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521 | 430 | | proceedings under this title in the appraisal district for which |
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522 | 431 | | the appraisal review board is established; |
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523 | 432 | | (2) owns property on which delinquent taxes have been |
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524 | 433 | | owed to a taxing unit for more than 60 days after the date the |
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525 | 434 | | individual knew or should have known of the delinquency unless: |
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526 | 435 | | (A) the delinquent taxes and any penalties and |
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527 | 436 | | interest are being paid under an installment payment agreement |
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528 | 437 | | under Section 33.02; or |
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529 | 438 | | (B) a suit to collect the delinquent taxes is |
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530 | 439 | | deferred or abated under Section 33.06 or 33.065; or |
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531 | 440 | | (3) is related within the third degree by |
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532 | 441 | | consanguinity or within the second degree by affinity, as |
---|
533 | 442 | | determined under Chapter 573, Government Code, to a member of: |
---|
534 | 443 | | (A) the appraisal district's board of directors; |
---|
535 | 444 | | or |
---|
536 | 445 | | (B) the appraisal review board. |
---|
537 | 446 | | (d) A person is ineligible to serve on the appraisal review |
---|
538 | 447 | | board of an appraisal district established for a county described |
---|
539 | 448 | | by Section 6.41(d-1) [having a population of more than 100,000] if |
---|
540 | 449 | | the person: |
---|
541 | 450 | | (1) is a former member of the board of directors, |
---|
542 | 451 | | former officer, or former employee of the appraisal district; |
---|
543 | 452 | | (2) served as a member of the governing body or officer |
---|
544 | 453 | | of a taxing unit for which the appraisal district appraises |
---|
545 | 454 | | property, until the fourth anniversary of the date the person |
---|
546 | 455 | | ceased to be a member or officer; [or] |
---|
547 | 456 | | (3) appeared before the appraisal review board for |
---|
548 | 457 | | compensation during the two-year period preceding the date the |
---|
549 | 458 | | person is appointed; or |
---|
550 | 459 | | (4) served for all or part of three previous terms as a |
---|
551 | 460 | | board member or auxiliary board member on the appraisal review |
---|
552 | 461 | | board. |
---|
597 | 505 | | (2) is included in one of the following |
---|
598 | 506 | | classifications: |
---|
599 | 507 | | (A) commercial real and personal property; |
---|
600 | 508 | | (B) real and personal property of utilities; |
---|
601 | 509 | | (C) industrial and manufacturing real and |
---|
602 | 510 | | personal property; and |
---|
603 | 511 | | (D) multifamily residential real property. |
---|
604 | 512 | | (c) Each special panel described by this section consists of |
---|
605 | 513 | | three members of the appraisal review board appointed by the |
---|
606 | 514 | | chairman of the board. |
---|
607 | 515 | | (d) To be eligible to be appointed to a special panel |
---|
608 | 516 | | described by this section, a member of the appraisal review board |
---|
609 | 517 | | must: |
---|
610 | 518 | | (1) hold a juris doctor or equivalent degree; |
---|
611 | 519 | | (2) hold a master of business administration degree; |
---|
612 | 520 | | (3) be licensed as a certified public accountant under |
---|
613 | 521 | | Chapter 901, Occupations Code; |
---|
614 | 522 | | (4) be accredited by the American Society of |
---|
615 | 523 | | Appraisers as an accredited senior appraiser; |
---|
616 | 524 | | (5) possess an MAI professional designation from the |
---|
617 | 525 | | Appraisal Institute; |
---|
618 | 526 | | (6) possess a Certified Assessment Evaluator (CAE) |
---|
619 | 527 | | professional designation from the International Association of |
---|
620 | 528 | | Assessing Officers; |
---|
621 | 529 | | (7) have at least 10 years of experience in property |
---|
622 | 530 | | tax appraisal or consulting; or |
---|
623 | 531 | | (8) be licensed as a real estate broker or sales agent |
---|
624 | 532 | | under Chapter 1101, Occupations Code. |
---|
625 | 533 | | (e) Notwithstanding Subsection (d), the chairman of the |
---|
626 | 534 | | appraisal review board may appoint to a special panel described by |
---|
627 | 535 | | this section a member of the appraisal review board who does not |
---|
628 | 536 | | meet the qualifications prescribed by that subsection if: |
---|
629 | 537 | | (1) the number of persons appointed to the board by the |
---|
630 | 538 | | local administrative district judge who meet those qualifications |
---|
631 | 539 | | is not sufficient to fill the positions on each special panel; and |
---|
632 | 540 | | (2) the board member being appointed to the panel |
---|
633 | 541 | | holds a bachelor's degree in any field. |
---|
634 | 542 | | (f) In addition to conducting protest hearings relating to |
---|
635 | 543 | | property described by Subsection (b) of this section, a special |
---|
636 | 544 | | panel may conduct protest hearings under Chapter 41 relating to |
---|
637 | 545 | | property not described by Subsection (b) of this section as |
---|
638 | 546 | | assigned by the chairman of the appraisal review board. |
---|
639 | | - | (g) By February 1 or as soon thereafter as practicable, the |
---|
640 | | - | comptroller shall determine the minimum eligibility amount for the |
---|
641 | | - | current tax year for purposes of Subsection (b)(1) and publish that |
---|
642 | | - | amount in the Texas Register. The minimum eligibility amount for |
---|
643 | | - | the 2020 tax year is $50 million. For each succeeding tax year, the |
---|
644 | | - | minimum eligibility amount is equal to the minimum eligibility |
---|
645 | | - | amount for the preceding tax year as adjusted by the comptroller to |
---|
646 | | - | reflect the inflation rate. |
---|
647 | | - | (h) In this section: |
---|
648 | | - | (1) "Consumer price index" means the Consumer Price |
---|
649 | | - | Index for All Urban Consumers (CPI-U), U.S. City Average, published |
---|
650 | | - | by the Bureau of Labor Statistics of the United States Department of |
---|
651 | | - | Labor. |
---|
652 | | - | (2) "Inflation rate" means the amount, expressed in |
---|
653 | | - | decimal form rounded to the nearest thousandth, computed by |
---|
654 | | - | determining the percentage change in the consumer price index for |
---|
655 | | - | the preceding calendar year as compared to the consumer price index |
---|
656 | | - | for the calendar year preceding that calendar year. |
---|
657 | | - | SECTION 25. Section 11.24, Tax Code, is amended to read as |
---|
658 | | - | follows: |
---|
659 | | - | Sec. 11.24. HISTORIC SITES. (a) The governing body of a |
---|
660 | | - | taxing unit by official action of the body adopted in the manner |
---|
661 | | - | required by law for official actions may exempt from taxation part |
---|
662 | | - | or all of the assessed value of a structure or archeological site |
---|
663 | | - | and the land necessary for access to and use of the structure or |
---|
664 | | - | archeological site, if the structure or archeological site is: |
---|
665 | | - | (1) designated as a Recorded Texas Historic Landmark |
---|
666 | | - | under Chapter 442, Government Code, or a state archeological |
---|
667 | | - | landmark under Chapter 191, Natural Resources Code, by the Texas |
---|
668 | | - | Historical Commission; or |
---|
669 | | - | (2) designated as a historically or archeologically |
---|
670 | | - | significant site in need of tax relief to encourage its |
---|
671 | | - | preservation pursuant to an ordinance or other law adopted by the |
---|
672 | | - | governing body of the taxing unit. |
---|
673 | | - | (b) The governing body of a taxing unit may not repeal or |
---|
674 | | - | reduce the amount of an exemption granted under Subsection (a) for a |
---|
675 | | - | property that otherwise qualifies for the exemption unless: |
---|
676 | | - | (1) the owner of the property consents to the repeal or |
---|
677 | | - | reduction; or |
---|
678 | | - | (2) the taxing unit provides written notice of the |
---|
679 | | - | repeal or reduction to the owner not later than five years before |
---|
680 | | - | the date the governing body repeals or reduces the exemption. |
---|
681 | | - | SECTION 26. Section 11.4391(a), Tax Code, is amended to |
---|
682 | | - | read as follows: |
---|
683 | | - | (a) The chief appraiser shall accept and approve or deny an |
---|
684 | | - | application for an exemption for freeport goods under Section |
---|
685 | | - | 11.251 after the deadline for filing it has passed if it is filed on |
---|
686 | | - | or before the [not] later of: |
---|
687 | | - | (1) [than] June 15; or |
---|
688 | | - | (2) if applicable, the 60th day after the date on which |
---|
689 | | - | the chief appraiser delivers notice to the property owner under |
---|
690 | | - | Section 22.22. |
---|
691 | | - | SECTION 27. Section 22.23(d), Tax Code, is amended to read |
---|
| 547 | + | SECTION 20. Section 22.23(d), Tax Code, is amended to read |
---|
699 | | - | April 30, except as provided by Section 22.02. On written request |
---|
700 | | - | by the property owner, the [The] chief appraiser shall extend the |
---|
701 | | - | filing deadline to May 15. The chief appraiser may further extend |
---|
702 | | - | the [filing] deadline an additional 15 days for good cause shown in |
---|
703 | | - | writing by the property owner. |
---|
704 | | - | SECTION 28. Section 23.01, Tax Code, is amended by adding |
---|
705 | | - | Subsection (h) to read as follows: |
---|
| 555 | + | April 30, except as provided by Section 22.02. The chief appraiser |
---|
| 556 | + | shall [may] extend the filing deadline in the manner prescribed by |
---|
| 557 | + | Subsection (b) [15 days for good cause shown in writing by the |
---|
| 558 | + | property owner]. |
---|
| 559 | + | SECTION 21. Section 23.01, Tax Code, is amended by amending |
---|
| 560 | + | Subsection (b) and adding Subsection (h) to read as follows: |
---|
| 561 | + | (b) The market value of property shall be determined by the |
---|
| 562 | + | application of generally accepted appraisal methods and |
---|
| 563 | + | techniques, including appraisal methods and techniques prescribed |
---|
| 564 | + | by any appraisal manuals required by law to be prepared and issued |
---|
| 565 | + | by the comptroller. If the appraisal district determines the |
---|
| 566 | + | appraised value of a property using mass appraisal standards, the |
---|
| 567 | + | mass appraisal standards must comply with the Uniform Standards of |
---|
| 568 | + | Professional Appraisal Practice. The same or similar appraisal |
---|
| 569 | + | methods and techniques shall be used in appraising the same or |
---|
| 570 | + | similar kinds of property. However, each property shall be |
---|
| 571 | + | appraised based upon the individual characteristics that affect the |
---|
| 572 | + | property's market value, and all available evidence that is |
---|
| 573 | + | specific to the value of the property shall be taken into account in |
---|
| 574 | + | determining the property's market value. |
---|
743 | 617 | | (6) [(7)] a detailed explanation of the time and |
---|
744 | 618 | | procedure for protesting the value; |
---|
745 | 619 | | (7) [(8)] the date and place the appraisal review |
---|
746 | 620 | | board will begin hearing protests; and |
---|
747 | 621 | | (8) [(9)] a brief explanation that the governing body |
---|
748 | 622 | | of each taxing unit decides whether or not taxes on the property |
---|
749 | 623 | | will increase and the appraisal district only determines the value |
---|
750 | 624 | | of the property. |
---|
751 | 625 | | (b-3) This subsection applies only to an appraisal district |
---|
752 | 626 | | described by Section 6.41(b-2). In addition to the information |
---|
753 | 627 | | required by Subsection (b), the chief appraiser shall state in a |
---|
754 | 628 | | notice of appraised value of property described by Section 6.425(b) |
---|
755 | 629 | | that the property owner has the right to have a protest relating to |
---|
756 | 630 | | the property heard by a special panel of the appraisal review board. |
---|
757 | 631 | | (b-4) Subsection (b)(5) applies only to a notice of |
---|
758 | 632 | | appraised value required to be delivered by the chief appraiser of |
---|
759 | 633 | | an appraisal district established in a county with a population of |
---|
760 | 634 | | less than 120,000. This subsection expires January 1, 2022. |
---|
761 | 635 | | (i) Delivery with a notice required by Subsection (a) or (g) |
---|
762 | 636 | | of a copy of the pamphlet published by the comptroller under Section |
---|
763 | 637 | | 5.06 or a copy of the notice published by the chief appraiser under |
---|
764 | 638 | | Section 41.70 is sufficient to comply with the requirement that the |
---|
765 | 639 | | notice include the information specified by Subsection (b)(6) |
---|
766 | 640 | | [(b)(7)] or (g)(3), as applicable. |
---|
767 | | - | SECTION 30. Chapter 25, Tax Code, is amended by adding |
---|
768 | | - | Sections 25.192 and 25.193 to read as follows: |
---|
769 | | - | Sec. 25.192. NOTICE OF RESIDENCE HOMESTEAD EXEMPTION |
---|
770 | | - | ELIGIBILITY. (a) This section applies only to residential |
---|
771 | | - | property that has not qualified for a residence homestead exemption |
---|
772 | | - | in the current tax year. |
---|
773 | | - | (b) If the records of the appraisal district indicate that |
---|
774 | | - | the address of the property is also the address of the owner of the |
---|
775 | | - | property, the chief appraiser must send to the property owner a |
---|
776 | | - | notice that contains: |
---|
777 | | - | (1) the following statement in boldfaced 18-point type |
---|
778 | | - | at the top of the first page of the notice: "NOTICE: A residence |
---|
779 | | - | homestead exemption from ad valorem taxation is NOT currently being |
---|
780 | | - | allowed on the property listed below. However, our records show |
---|
781 | | - | that this property may qualify for a residence homestead exemption, |
---|
782 | | - | which will reduce your taxes."; |
---|
783 | | - | (2) following the statement described by Subdivision |
---|
784 | | - | (1), the following statement in 12-point type: "According to the |
---|
785 | | - | records of the appraisal district, the property described in this |
---|
786 | | - | notice may be your primary residence and may qualify for a residence |
---|
787 | | - | homestead exemption from ad valorem taxation. If the property is |
---|
788 | | - | your home and you occupy it as your primary residence, the property |
---|
789 | | - | likely qualifies for one or more residence homestead exemptions, |
---|
790 | | - | which will reduce the amount of taxes imposed on the property. The |
---|
791 | | - | form needed to apply for a residence homestead exemption is |
---|
792 | | - | enclosed. Although the form may state that the deadline for filing |
---|
793 | | - | an application for a residence homestead exemption is April 30, a |
---|
794 | | - | late application for a residence homestead exemption will be |
---|
795 | | - | accepted if filed before February 1, (insert year application must |
---|
796 | | - | be filed). There is no fee or charge for filing an application or a |
---|
797 | | - | late application for a residence homestead exemption."; and |
---|
798 | | - | (3) following the statement described by Subdivision |
---|
799 | | - | (2), the address to which the notice is sent. |
---|
800 | | - | (c) The notice required by this section must be accompanied |
---|
801 | | - | by an application form for a residence homestead exemption. |
---|
802 | | - | (d) If a property owner has elected to receive notices by |
---|
803 | | - | e-mail as provided by Section 1.086, the notice required by this |
---|
804 | | - | section must be sent in that manner separately from any other notice |
---|
805 | | - | sent to the property owner by the chief appraiser. |
---|
806 | | - | Sec. 25.193. NOTICE OF CERTAIN CANCELED OR REDUCED |
---|
807 | | - | EXEMPTIONS. (a) By April 1 or as soon thereafter as practicable if |
---|
808 | | - | the property is a single-family residence that qualifies for an |
---|
809 | | - | exemption under Section 11.13, or by May 1 or as soon thereafter as |
---|
810 | | - | practicable in connection with residential property that does not |
---|
811 | | - | qualify for an exemption under Section 11.13, the chief appraiser |
---|
812 | | - | shall deliver a clear and understandable written notice to a |
---|
813 | | - | property owner if an exemption or partial exemption that was |
---|
814 | | - | approved for the preceding year was canceled or reduced for the |
---|
815 | | - | current year. |
---|
816 | | - | (b) If a property owner has elected to receive notices by |
---|
817 | | - | e-mail as provided by Section 1.086, for property described by that |
---|
818 | | - | section, the notice required by this section must be sent in that |
---|
819 | | - | manner regardless of whether the information was also included in a |
---|
820 | | - | notice under Section 25.19 and must be sent separately from any |
---|
821 | | - | other notice sent to the property owner by the chief appraiser. |
---|
822 | | - | SECTION 31. Section 26.01, Tax Code, is amended by adding |
---|
| 641 | + | SECTION 23. Section 26.01, Tax Code, is amended by adding |
---|
844 | | - | voter-approval tax [rollback] rate, as certified by the collector |
---|
845 | | - | under Section 26.04(b) [of this code]. |
---|
846 | | - | (13) "Last year's levy" means the total of: |
---|
847 | | - | (A) the amount of taxes that would be generated |
---|
848 | | - | by multiplying the total tax rate adopted by the governing body in |
---|
849 | | - | the preceding year by the total taxable value of property on the |
---|
850 | | - | appraisal roll for the preceding year, including: |
---|
851 | | - | (i) taxable value that was reduced in an |
---|
852 | | - | appeal under Chapter 42; [and] |
---|
853 | | - | (ii) all appraisal roll supplements and |
---|
854 | | - | corrections other than corrections made pursuant to Section |
---|
855 | | - | 25.25(d), as of the date of the calculation, except that last year's |
---|
856 | | - | taxable value for a school district excludes the total value of |
---|
857 | | - | homesteads that qualified for a tax limitation as provided by |
---|
858 | | - | Section 11.26 and last year's taxable value for a county, |
---|
859 | | - | municipality, or junior college district excludes the total value |
---|
860 | | - | of homesteads that qualified for a tax limitation as provided by |
---|
861 | | - | Section 11.261; and |
---|
862 | | - | (iii) the portion of taxable value of |
---|
863 | | - | property that is the subject of an appeal under Chapter 42 on July |
---|
864 | | - | 25 that is not in dispute; and |
---|
865 | | - | (B) the amount of taxes refunded by the taxing |
---|
866 | | - | unit in the preceding year for tax years before that year. |
---|
| 666 | + | rollback tax rate, as certified by the collector under Section |
---|
| 667 | + | 26.04(b) [of this code]. |
---|
| 668 | + | (10-a) "Inflation rate" means the amount, expressed in |
---|
| 669 | + | decimal form rounded to the nearest thousandth, computed by |
---|
| 670 | + | determining the percentage change in the consumer price index for |
---|
| 671 | + | the preceding calendar year as compared to the consumer price index |
---|
| 672 | + | for the calendar year preceding that calendar year. |
---|
1022 | 842 | | showing: |
---|
1023 | 843 | | (A) the amount of principal and interest that |
---|
1024 | 844 | | will be paid to service the taxing unit's debts in the next year |
---|
1025 | 845 | | from property tax revenue, including payments of lawfully incurred |
---|
1026 | 846 | | contractual obligations providing security for the payment of the |
---|
1027 | 847 | | principal of and interest on bonds and other evidences of |
---|
1028 | 848 | | indebtedness issued on behalf of the taxing unit by another |
---|
1029 | 849 | | political subdivision and, if the taxing unit is created under |
---|
1030 | 850 | | Section 52, Article III, or Section 59, Article XVI, Texas |
---|
1031 | 851 | | Constitution, payments on debts that the taxing unit anticipates to |
---|
1032 | 852 | | incur in the next calendar year; |
---|
1033 | 853 | | (B) the amount by which taxes imposed for debt |
---|
1034 | 854 | | are to be increased because of the taxing unit's anticipated |
---|
1035 | 855 | | collection rate; and |
---|
1036 | 856 | | (C) the total of the amounts listed in Paragraphs |
---|
1037 | 857 | | (A)-(B), less any amount collected in excess of the previous year's |
---|
1038 | 858 | | anticipated collections certified as provided in Subsection (b)[; |
---|
1039 | 859 | | [(4) the amount of additional sales and use tax |
---|
1040 | 860 | | revenue anticipated in calculations under Section 26.041; |
---|
1041 | 861 | | [(5) a statement that the adoption of a tax rate equal |
---|
1042 | 862 | | to the effective tax rate would result in an increase or decrease, |
---|
1043 | 863 | | as applicable, in the amount of taxes imposed by the unit as |
---|
1044 | 864 | | compared to last year's levy, and the amount of the increase or |
---|
1045 | 865 | | decrease; |
---|
1046 | 866 | | [(6) in the year that a taxing unit calculates an |
---|
1047 | 867 | | adjustment under Subsection (i) or (j), a schedule that includes |
---|
1048 | 868 | | the following elements: |
---|
1049 | 869 | | [(A) the name of the unit discontinuing the |
---|
1050 | 870 | | department, function, or activity; |
---|
1051 | 871 | | [(B) the amount of property tax revenue spent by |
---|
1052 | 872 | | the unit listed under Paragraph (A) to operate the discontinued |
---|
1053 | 873 | | department, function, or activity in the 12 months preceding the |
---|
1054 | 874 | | month in which the calculations required by this chapter are made; |
---|
1055 | 875 | | and |
---|
1056 | 876 | | [(C) the name of the unit that operates a |
---|
1057 | 877 | | distinct department, function, or activity in all or a majority of |
---|
1058 | 878 | | the territory of a taxing unit that has discontinued operating the |
---|
1059 | 879 | | distinct department, function, or activity; and |
---|
1060 | 880 | | [(7) in the year following the year in which a taxing |
---|
1061 | 881 | | unit raised its rollback rate as required by Subsection (j), a |
---|
1062 | 882 | | schedule that includes the following elements: |
---|
1063 | 883 | | [(A) the amount of property tax revenue spent by |
---|
1064 | 884 | | the unit to operate the department, function, or activity for which |
---|
1065 | 885 | | the taxing unit raised the rollback rate as required by Subsection |
---|
1066 | 886 | | (j) for the 12 months preceding the month in which the calculations |
---|
1067 | 887 | | required by this chapter are made; and |
---|
1068 | 888 | | [(B) the amount published by the unit in the |
---|
1069 | 889 | | preceding tax year under Subdivision (6)(B)]. |
---|
1070 | 890 | | (e-1) The tax rate certification requirements imposed by |
---|
1071 | 891 | | Subsection (d-2) and the notice requirements imposed by Subsections |
---|
1073 | 893 | | (e-2) By August 7 or as soon thereafter as practicable, the |
---|
1074 | 894 | | chief appraiser of each appraisal district shall deliver by regular |
---|
1075 | 895 | | mail or e-mail to each owner of property located in the appraisal |
---|
1076 | 896 | | district a notice that the estimated amount of taxes to be imposed |
---|
1077 | 897 | | on the owner's property by each taxing unit in which the property is |
---|
1078 | 898 | | located may be found in the property tax database maintained by the |
---|
1079 | 899 | | appraisal district under Section 26.17. The notice must include: |
---|
1080 | 900 | | (1) a statement directing the property owner to an |
---|
1081 | 901 | | Internet website from which the owner may access information |
---|
1082 | 902 | | related to the actions taken or proposed to be taken by each taxing |
---|
1083 | 903 | | unit in which the property is located that may affect the taxes |
---|
1084 | 904 | | imposed on the owner's property; |
---|
1085 | 905 | | (2) a statement that the property owner may request |
---|
1086 | 906 | | from the county assessor-collector for the county in which the |
---|
1087 | 907 | | property is located or, if the county assessor-collector does not |
---|
1088 | 908 | | assess taxes for the county, the person who assesses taxes for the |
---|
1089 | 909 | | county under Section 6.24(b), contact information for the assessor |
---|
1090 | 910 | | for each taxing unit in which the property is located, who must |
---|
1091 | 911 | | provide the information described by this subsection to the owner |
---|
1092 | 912 | | on request; and |
---|
1093 | 913 | | (3) the name, address, and telephone number of the |
---|
1094 | 914 | | county assessor-collector for the county in which the property is |
---|
1095 | 915 | | located or, if the county assessor-collector does not assess taxes |
---|
1096 | 916 | | for the county, the person who assesses taxes for the county under |
---|
1097 | 917 | | Section 6.24(b). |
---|
1098 | 918 | | (e-3) The statement described by Subsection (e-2)(1) must |
---|
1099 | 919 | | include a heading that is in bold, capital letters in type larger |
---|
1100 | 920 | | than that used in the other provisions of the notice. |
---|
1101 | 921 | | (e-4) The comptroller: |
---|
1102 | 922 | | (1) with the advice of the property tax administration |
---|
1103 | 923 | | advisory board, shall adopt rules prescribing the form of the |
---|
1104 | 924 | | notice required by Subsection (e-2); and |
---|
1105 | 925 | | (2) may adopt rules regarding the format and delivery |
---|
1106 | 926 | | of the notice. |
---|
1107 | 927 | | (e-5) The governing body of a taxing unit shall include as |
---|
1108 | 928 | | an appendix to the taxing unit's budget for a fiscal year the tax |
---|
1109 | 929 | | rate calculation forms used by the designated officer or employee |
---|
1110 | 930 | | of the taxing unit to calculate the no-new-revenue tax rate and the |
---|
1119 | 938 | | (g) A person who owns taxable property is entitled to an |
---|
1120 | 939 | | injunction prohibiting the taxing unit in which the property is |
---|
1121 | 940 | | taxable from adopting a tax rate if the assessor or designated |
---|
1122 | 941 | | officer or employee of the taxing unit, the chief appraiser of the |
---|
1123 | 942 | | applicable appraisal district, or the taxing unit, as applicable, |
---|
1124 | 943 | | has not complied with the computation, [or] publication, or posting |
---|
1125 | 944 | | requirements of this section or Section 26.16, 26.17, or 26.18 [and |
---|
1126 | 945 | | the failure to comply was not in good faith]. It is a defense in an |
---|
1127 | 946 | | action for an injunction under this subsection that the failure to |
---|
1128 | 947 | | comply was in good faith. |
---|
1129 | 948 | | (h-1) Notwithstanding Subsection (h), if the anticipated |
---|
1130 | 949 | | collection rate of a taxing unit as calculated under that |
---|
1131 | 950 | | subsection is lower than the lowest actual collection rate of the |
---|
1132 | 951 | | taxing unit for any of the preceding three years, the anticipated |
---|
1133 | 952 | | collection rate of the taxing unit for purposes of this section is |
---|
1134 | 953 | | equal to the lowest actual collection rate of the taxing unit for |
---|
1135 | 954 | | any of the preceding three years. |
---|
1136 | 955 | | (h-2) The anticipated collection rate of a taxing unit for |
---|
1137 | 956 | | purposes of this section is the rate calculated under Subsection |
---|
1138 | 957 | | (h) as modified by Subsection (h-1), if applicable, regardless of |
---|
1139 | 958 | | whether that rate exceeds 100 percent. |
---|
1140 | 959 | | (i) This subsection applies to a taxing unit that has agreed |
---|
1141 | 960 | | by written contract to transfer a distinct department, function, or |
---|
1142 | 961 | | activity to another taxing unit and discontinues operating that |
---|
1143 | 962 | | distinct department, function, or activity if the operation of that |
---|
1144 | 963 | | department, function, or activity in all or a majority of the |
---|
1145 | 964 | | territory of the taxing unit is continued by another existing |
---|
1146 | | - | taxing unit or by a new taxing unit. The voter-approval [rollback] |
---|
1147 | | - | tax rate of a taxing unit to which this subsection applies in the |
---|
1148 | | - | first tax year in which a budget is adopted that does not allocate |
---|
1149 | | - | revenue to the discontinued department, function, or activity is |
---|
1150 | | - | calculated as otherwise provided by this section, except that last |
---|
1151 | | - | year's levy used to calculate the no-new-revenue [effective] |
---|
1152 | | - | maintenance and operations rate of the taxing unit is reduced by the |
---|
1153 | | - | amount of maintenance and operations tax revenue spent by the |
---|
1154 | | - | taxing unit to operate the department, function, or activity for |
---|
1155 | | - | the 12 months preceding the month in which the calculations |
---|
1156 | | - | required by this chapter are made and in which the taxing unit |
---|
1157 | | - | operated the discontinued department, function, or activity. If |
---|
1158 | | - | the taxing unit did not operate that department, function, or |
---|
1159 | | - | activity for the full 12 months preceding the month in which the |
---|
1160 | | - | calculations required by this chapter are made, the taxing unit |
---|
1161 | | - | shall reduce last year's levy used for calculating the |
---|
1162 | | - | no-new-revenue [effective] maintenance and operations rate of the |
---|
1163 | | - | taxing unit by the amount of the revenue spent in the last full |
---|
1164 | | - | fiscal year in which the taxing unit operated the discontinued |
---|
1165 | | - | department, function, or activity. |
---|
| 965 | + | taxing unit or by a new taxing unit. The rollback tax rate of a |
---|
| 966 | + | taxing unit to which this subsection applies in the first tax year |
---|
| 967 | + | in which a budget is adopted that does not allocate revenue to the |
---|
| 968 | + | discontinued department, function, or activity is calculated as |
---|
| 969 | + | otherwise provided by this section, except that last year's levy |
---|
| 970 | + | used to calculate the no-new-revenue [effective] maintenance and |
---|
| 971 | + | operations rate of the taxing unit is reduced by the amount of |
---|
| 972 | + | maintenance and operations tax revenue spent by the taxing unit to |
---|
| 973 | + | operate the department, function, or activity for the 12 months |
---|
| 974 | + | preceding the month in which the calculations required by this |
---|
| 975 | + | chapter are made and in which the taxing unit operated the |
---|
| 976 | + | discontinued department, function, or activity. If the taxing unit |
---|
| 977 | + | did not operate that department, function, or activity for the full |
---|
| 978 | + | 12 months preceding the month in which the calculations required by |
---|
| 979 | + | this chapter are made, the taxing unit shall reduce last year's levy |
---|
| 980 | + | used for calculating the no-new-revenue [effective] maintenance |
---|
| 981 | + | and operations rate of the taxing unit by the amount of the revenue |
---|
| 982 | + | spent in the last full fiscal year in which the taxing unit operated |
---|
| 983 | + | the discontinued department, function, or activity. |
---|
1173 | | - | taxing unit. The voter-approval [rollback] tax rate of a taxing |
---|
1174 | | - | unit to which this subsection applies in the first tax year after |
---|
1175 | | - | the other taxing unit discontinued the substantially similar |
---|
1176 | | - | department, function, or activity in which a budget is adopted that |
---|
1177 | | - | allocates revenue to the department, function, or activity is |
---|
1178 | | - | calculated as otherwise provided by this section, except that last |
---|
1179 | | - | year's levy used to calculate the no-new-revenue [effective] |
---|
1180 | | - | maintenance and operations rate of the taxing unit is increased by |
---|
1181 | | - | the amount of maintenance and operations tax revenue spent by the |
---|
1182 | | - | taxing unit that discontinued operating the substantially similar |
---|
1183 | | - | department, function, or activity to operate that department, |
---|
1184 | | - | function, or activity for the 12 months preceding the month in which |
---|
1185 | | - | the calculations required by this chapter are made and in which the |
---|
| 991 | + | taxing unit. The rollback tax rate of a taxing unit to which this |
---|
| 992 | + | subsection applies in the first tax year after the other taxing unit |
---|
| 993 | + | discontinued the substantially similar department, function, or |
---|
| 994 | + | activity in which a budget is adopted that allocates revenue to the |
---|
| 995 | + | department, function, or activity is calculated as otherwise |
---|
| 996 | + | provided by this section, except that last year's levy used to |
---|
| 997 | + | calculate the no-new-revenue [effective] maintenance and |
---|
| 998 | + | operations rate of the taxing unit is increased by the amount of |
---|
| 999 | + | maintenance and operations tax revenue spent by the taxing unit |
---|
| 1000 | + | that discontinued operating the substantially similar department, |
---|
| 1001 | + | function, or activity to operate that department, function, or |
---|
| 1002 | + | activity for the 12 months preceding the month in which the |
---|
| 1003 | + | calculations required by this chapter are made and in which the |
---|
1310 | 1124 | | (g) If the rate of the additional sales and use tax is |
---|
1311 | 1125 | | increased, the designated officer or employee shall make two |
---|
1312 | 1126 | | projections, in the manner provided by Subsection (d) [of this |
---|
1313 | 1127 | | section], of the revenue generated by the additional sales and use |
---|
1314 | 1128 | | tax in the following year. The first projection must take into |
---|
1315 | 1129 | | account the increase and the second projection must not take into |
---|
1316 | 1130 | | account the increase. The designated officer or employee shall |
---|
1317 | 1131 | | then subtract the amount of the result of the second projection from |
---|
1318 | 1132 | | the amount of the result of the first projection to determine the |
---|
1319 | 1133 | | revenue generated as a result of the increase in the additional |
---|
1320 | 1134 | | sales and use tax. In the first year in which an additional sales |
---|
1321 | 1135 | | and use tax is increased, the no-new-revenue [effective] tax rate |
---|
1322 | 1136 | | for the taxing unit is the no-new-revenue [effective] tax rate |
---|
1323 | 1137 | | before the increase minus a number the numerator of which is the |
---|
1324 | 1138 | | revenue generated as a result of the increase in the additional |
---|
1325 | 1139 | | sales and use tax, as determined under this subsection, and the |
---|
1326 | 1140 | | denominator of which is the current total value minus the new |
---|
1327 | 1141 | | property value. |
---|
1328 | 1142 | | (h) If the rate of the additional sales and use tax is |
---|
1329 | 1143 | | decreased, the designated officer or employee shall make two |
---|
1330 | 1144 | | projections, in the manner provided by Subsection (d) [of this |
---|
1331 | 1145 | | section], of the revenue generated by the additional sales and use |
---|
1332 | 1146 | | tax in the following year. The first projection must take into |
---|
1333 | 1147 | | account the decrease and the second projection must not take into |
---|
1334 | 1148 | | account the decrease. The designated officer or employee shall |
---|
1335 | 1149 | | then subtract the amount of the result of the first projection from |
---|
1336 | 1150 | | the amount of the result of the second projection to determine the |
---|
1337 | 1151 | | revenue lost as a result of the decrease in the additional sales and |
---|
1338 | 1152 | | use tax. In the first year in which an additional sales and use tax |
---|
1339 | 1153 | | is decreased, the no-new-revenue [effective] tax rate for the |
---|
1340 | 1154 | | taxing unit is the no-new-revenue [effective] tax rate before the |
---|
1341 | 1155 | | decrease plus a number the numerator of which is the revenue lost as |
---|
1342 | 1156 | | a result of the decrease in the additional sales and use tax, as |
---|
1343 | 1157 | | determined under this subsection, and the denominator of which is |
---|
1344 | 1158 | | the current total value minus the new property value. |
---|
1372 | 1186 | | amended to read as follows: |
---|
1373 | 1187 | | (a) The first time that a county adopts a tax rate after |
---|
1374 | 1188 | | September 1, 1991, in which the state criminal justice mandate |
---|
1375 | 1189 | | applies to the county, the no-new-revenue [effective] maintenance |
---|
1376 | 1190 | | and operation rate for the county is increased by the rate |
---|
1377 | 1191 | | calculated according to the following formula: |
---|
1378 | 1192 | | (State Criminal Justice Mandate) / (Current Total |
---|
1379 | 1193 | | Value - New Property Value) |
---|
1380 | 1194 | | (b) In the second and subsequent years that a county adopts |
---|
1381 | 1195 | | a tax rate, if the amount spent by the county for the state criminal |
---|
1382 | 1196 | | justice mandate increased over the previous year, the |
---|
1383 | 1197 | | no-new-revenue [effective] maintenance and operation rate for the |
---|
1384 | 1198 | | county is increased by the rate calculated according to the |
---|
1385 | 1199 | | following formula: |
---|
1386 | 1200 | | (This Year's State Criminal Justice Mandate - Previous |
---|
1387 | 1201 | | Year's State Criminal Justice Mandate) / (Current |
---|
1388 | 1202 | | Total Value - New Property Value) |
---|
1389 | 1203 | | (c) The county shall include a notice of the increase in the |
---|
1390 | 1204 | | no-new-revenue [effective] maintenance and operation rate provided |
---|
1391 | 1205 | | by this section, including a description and amount of the state |
---|
1392 | 1206 | | criminal justice mandate, in the information published under |
---|
1393 | 1207 | | Section 26.04(e) and, as applicable, in the notice prescribed by |
---|
1394 | 1208 | | Section 26.06 or 26.061 [26.06(b) of this code]. |
---|
1396 | 1210 | | are amended to read as follows: |
---|
1397 | 1211 | | (a) In the first tax year in which a taxing unit adopts a tax |
---|
1398 | 1212 | | rate after January 1, 2000, and in which the enhanced minimum |
---|
1399 | 1213 | | eligibility standards for indigent health care established under |
---|
1400 | 1214 | | Section 61.006, Health and Safety Code, apply to the taxing unit, |
---|
1401 | 1215 | | the no-new-revenue [effective] maintenance and operations rate for |
---|
1402 | 1216 | | the taxing unit is increased by the rate computed according to the |
---|
1403 | 1217 | | following formula: |
---|
1404 | 1218 | | Amount of Increase = Enhanced Indigent Health Care |
---|
1405 | 1219 | | Expenditures / (Current Total Value - New Property |
---|
1406 | 1220 | | Value) |
---|
1407 | 1221 | | (b) In each subsequent tax year, if the taxing unit's |
---|
1408 | 1222 | | enhanced indigent health care expenses exceed the amount of those |
---|
1409 | 1223 | | expenses for the preceding year, the no-new-revenue [effective] |
---|
1410 | 1224 | | maintenance and operations rate for the taxing unit is increased by |
---|
1411 | 1225 | | the rate computed according to the following formula: |
---|
1412 | 1226 | | Amount of Increase = (Current Tax Year's Enhanced |
---|
1413 | 1227 | | Indigent Health Care Expenditures - Preceding Tax |
---|
1414 | 1228 | | Year's Indigent Health Care Expenditures) / (Current |
---|
1415 | 1229 | | Total Value - New Property Value) |
---|
1416 | 1230 | | (c) The taxing unit shall include a notice of the increase |
---|
1417 | 1231 | | in its no-new-revenue [effective] maintenance and operations rate |
---|
1418 | 1232 | | provided by this section, including a brief description and the |
---|
1419 | 1233 | | amount of the enhanced indigent health care expenditures, in the |
---|
1420 | 1234 | | information published under Section 26.04(e) and, as [if] |
---|
1421 | 1235 | | applicable, in the notice prescribed by Section 26.06 or 26.061 |
---|
1422 | 1236 | | [26.06(b)]. |
---|
1423 | | - | SECTION 43. Chapter 26, Tax Code, is amended by adding |
---|
1424 | | - | Sections 26.0442 and 26.0443 to read as follows: |
---|
1425 | | - | Sec. 26.0442. TAX RATE ADJUSTMENT FOR COUNTY INDIGENT |
---|
1426 | | - | DEFENSE COMPENSATION EXPENDITURES. (a) In this section, |
---|
1427 | | - | "indigent defense compensation expenditures" for a tax year means |
---|
1428 | | - | the amount paid by a county to provide appointed counsel for |
---|
1429 | | - | indigent individuals in criminal or civil proceedings in accordance |
---|
1430 | | - | with the schedule of fees adopted under Article 26.05, Code of |
---|
1431 | | - | Criminal Procedure, in the period beginning on July 1 of the tax |
---|
1432 | | - | year preceding the tax year for which the tax is adopted and ending |
---|
1433 | | - | on June 30 of the tax year for which the tax is adopted, less the |
---|
1434 | | - | amount of any state grants received by the county during that period |
---|
1435 | | - | for the same purpose. |
---|
1436 | | - | (b) If a county's indigent defense compensation |
---|
1437 | | - | expenditures exceed the amount of those expenditures for the |
---|
1438 | | - | preceding tax year, the no-new-revenue maintenance and operations |
---|
1439 | | - | rate for the county is increased by the lesser of the rates computed |
---|
1440 | | - | according to the following formulas: |
---|
1441 | | - | (Current Tax Year's Indigent Defense Compensation |
---|
1442 | | - | Expenditures - Preceding Tax Year's Indigent Defense |
---|
1443 | | - | Compensation Expenditures) / (Current Total Value - |
---|
1444 | | - | New Property Value) |
---|
1445 | | - | or |
---|
1446 | | - | (Preceding Tax Year's Indigent Defense Compensation |
---|
1447 | | - | Expenditures x 0.05) / (Current Total Value - New |
---|
1448 | | - | Property Value) |
---|
1449 | | - | (c) The county shall include a notice of the increase in the |
---|
1450 | | - | no-new-revenue maintenance and operations rate provided by this |
---|
1451 | | - | section, including a description and the amount of indigent defense |
---|
1452 | | - | compensation expenditures, in the information published under |
---|
1453 | | - | Section 26.04(e) and, as applicable, in the notice prescribed by |
---|
1454 | | - | Section 26.06 or 26.061. |
---|
1455 | | - | Sec. 26.0443. TAX RATE ADJUSTMENT FOR ELIGIBLE COUNTY |
---|
1456 | | - | HOSPITAL EXPENDITURES. (a) In this section: |
---|
1457 | | - | (1) "Eligible county hospital" means a hospital that: |
---|
1458 | | - | (A) is: |
---|
1459 | | - | (i) owned or leased by a county and operated |
---|
1460 | | - | in accordance with Chapter 263, Health and Safety Code; or |
---|
1461 | | - | (ii) owned or leased jointly by a |
---|
1462 | | - | municipality and a county and operated in accordance with Chapter |
---|
1463 | | - | 265, Health and Safety Code; and |
---|
1464 | | - | (B) is located in an area not served by a hospital |
---|
1465 | | - | district created under Sections 4 through 11, Article IX, Texas |
---|
1466 | | - | Constitution. |
---|
1467 | | - | (2) "Eligible county hospital expenditures" for a tax |
---|
1468 | | - | year means the amount paid by a county or municipality in the period |
---|
1469 | | - | beginning on July 1 of the tax year preceding the tax year for which |
---|
1470 | | - | the tax is adopted and ending on June 30 of the tax year for which |
---|
1471 | | - | the tax is adopted to maintain and operate an eligible county |
---|
1472 | | - | hospital. |
---|
1473 | | - | (b) If a county's or municipality's eligible county hospital |
---|
1474 | | - | expenditures exceed the amount of those expenditures for the |
---|
1475 | | - | preceding tax year, the no-new-revenue maintenance and operations |
---|
1476 | | - | rate for the county or municipality, as applicable, is increased by |
---|
1477 | | - | the lesser of the rates computed according to the following |
---|
1478 | | - | formulas: |
---|
1479 | | - | (Current Tax Year's Eligible County Hospital |
---|
1480 | | - | Expenditures - Preceding Tax Year's Eligible County |
---|
1481 | | - | Hospital Expenditures) / (Current Total Value - New |
---|
1482 | | - | Property Value) |
---|
1483 | | - | or |
---|
1484 | | - | (Preceding Tax Year's Eligible County Hospital |
---|
1485 | | - | Expenditures x 0.08) / (Current Total Value - New |
---|
1486 | | - | Property Value) |
---|
1487 | | - | (c) The county or municipality shall include a notice of the |
---|
1488 | | - | increase in the no-new-revenue maintenance and operations rate |
---|
1489 | | - | provided by this section, including a description and amount of |
---|
1490 | | - | eligible county hospital expenditures, in the information |
---|
| 1237 | + | SECTION 35. Chapter 26, Tax Code, is amended by adding |
---|
| 1238 | + | Section 26.0442 to read as follows: |
---|
| 1239 | + | Sec. 26.0442. TAX RATE ADJUSTMENT FOR LOCAL OPTION |
---|
| 1240 | + | RESIDENCE HOMESTEAD EXEMPTIONS. (a) In this section, "local |
---|
| 1241 | + | option residence homestead exemption costs" means the amount of tax |
---|
| 1242 | + | revenue that a taxing unit was unable to collect in the preceding |
---|
| 1243 | + | tax year as a result of exemptions adopted by the taxing unit under |
---|
| 1244 | + | Sections 11.13(d) and (n), calculated by multiplying the adopted |
---|
| 1245 | + | tax rate of the taxing unit for the preceding tax year by the |
---|
| 1246 | + | appraised value of property that was not taxable by the taxing unit |
---|
| 1247 | + | in that tax year because of exemptions adopted by the taxing unit |
---|
| 1248 | + | under Sections 11.13(d) and (n). |
---|
| 1249 | + | (b) If a taxing unit's local option residence homestead |
---|
| 1250 | + | exemption costs exceed the amount of those costs for the preceding |
---|
| 1251 | + | tax year, the no-new-revenue maintenance and operations rate for |
---|
| 1252 | + | the taxing unit is increased by the rate computed according to the |
---|
| 1253 | + | following formula: |
---|
| 1254 | + | (Current Tax Year's Local Option Residence Homestead |
---|
| 1255 | + | Exemption Costs - Preceding Tax Year's Local Option |
---|
| 1256 | + | Residence Homestead Exemption Costs) / (Current Total |
---|
| 1257 | + | Value - New Property Value) |
---|
| 1258 | + | (c) The taxing unit shall include a notice of the increase |
---|
| 1259 | + | in the no-new-revenue maintenance and operations rate provided by |
---|
| 1260 | + | this section, including a description and the amount of local |
---|
| 1261 | + | option residence homestead exemption costs, in the information |
---|
1492 | | - | prescribed by Section 26.06 or 26.061. |
---|
1493 | | - | SECTION 44. The heading to Section 26.045, Tax Code, is |
---|
1494 | | - | amended to read as follows: |
---|
1495 | | - | Sec. 26.045. VOTER-APPROVAL TAX RATE [ROLLBACK] RELIEF FOR |
---|
1496 | | - | POLLUTION CONTROL REQUIREMENTS. |
---|
1497 | | - | SECTION 45. Sections 26.045(a), (c), and (i), Tax Code, are |
---|
1498 | | - | amended to read as follows: |
---|
1499 | | - | (a) The voter-approval [rollback] tax rate for a political |
---|
1500 | | - | subdivision of this state is increased by the rate that, if applied |
---|
1501 | | - | to the [total] current total value, would impose an amount of taxes |
---|
1502 | | - | equal to the amount the political subdivision will spend out of its |
---|
1503 | | - | maintenance and operation funds under Section 26.012(16) to pay for |
---|
1504 | | - | a facility, device, or method for the control of air, water, or land |
---|
1505 | | - | pollution that is necessary to meet the requirements of a permit |
---|
1506 | | - | issued by the Texas Commission on Environmental Quality. |
---|
1507 | | - | (c) To receive an adjustment to the voter-approval |
---|
1508 | | - | [rollback] tax rate under this section, a political subdivision |
---|
1509 | | - | shall present information to the executive director of the Texas |
---|
1510 | | - | Commission on Environmental Quality in a permit application or in a |
---|
1511 | | - | request for any exemption from a permit that would otherwise be |
---|
1512 | | - | required detailing: |
---|
1513 | | - | (1) the anticipated environmental benefits from the |
---|
1514 | | - | installation of the facility, device, or method for the control of |
---|
1515 | | - | air, water, or land pollution; |
---|
1516 | | - | (2) the estimated cost of the pollution control |
---|
1517 | | - | facility, device, or method; and |
---|
1518 | | - | (3) the purpose of the installation of the facility, |
---|
1519 | | - | device, or method, and the proportion of the installation that is |
---|
1520 | | - | pollution control property. |
---|
1521 | | - | (i) A political subdivision of the state seeking an |
---|
1522 | | - | adjustment in its voter-approval [rollback] tax rate under this |
---|
1523 | | - | section shall provide to its tax assessor a copy of the letter |
---|
1524 | | - | issued by the executive director of the Texas Commission on |
---|
1525 | | - | Environmental Quality under Subsection (d). The tax assessor shall |
---|
1526 | | - | accept the copy of the letter from the executive director as |
---|
1527 | | - | conclusive evidence that the facility, device, or method is used |
---|
1528 | | - | wholly or partly as pollution control property and shall adjust the |
---|
1529 | | - | voter-approval [rollback] tax rate for the political subdivision as |
---|
1530 | | - | provided for by Subsection (a). |
---|
1531 | | - | SECTION 46. Section 26.05, Tax Code, is amended by amending |
---|
| 1263 | + | prescribed by Section 26.06 or Section 26.061. |
---|
| 1264 | + | SECTION 36. Section 26.05, Tax Code, is amended by amending |
---|
1551 | 1284 | | revenue that will be used to pay debt service, or, for a school |
---|
1552 | 1285 | | district, the rate calculated under Section |
---|
1553 | 1286 | | 44.004(c)(5)(A)(ii)(b), Education Code; and |
---|
1554 | 1287 | | (2) the rate that, if applied to the total taxable |
---|
1555 | 1288 | | value, will impose the amount of taxes needed to fund maintenance |
---|
1556 | 1289 | | and operation expenditures of the taxing unit for the next year. |
---|
1557 | 1290 | | (b) A taxing unit may not impose property taxes in any year |
---|
1558 | 1291 | | until the governing body has adopted a tax rate for that year, and |
---|
1559 | 1292 | | the annual tax rate must be set by ordinance, resolution, or order, |
---|
1560 | 1293 | | depending on the method prescribed by law for adoption of a law by |
---|
1561 | 1294 | | the governing body. The vote on the ordinance, resolution, or order |
---|
1562 | 1295 | | setting the tax rate must be separate from the vote adopting the |
---|
1563 | 1296 | | budget. For a taxing unit other than a school district, the vote on |
---|
1564 | 1297 | | the ordinance, resolution, or order setting a tax rate that exceeds |
---|
1565 | 1298 | | the no-new-revenue [effective] tax rate must be a record vote, and |
---|
1566 | 1299 | | at least 60 percent of the members of the governing body must vote |
---|
1567 | 1300 | | in favor of the ordinance, resolution, or order. For a school |
---|
1568 | 1301 | | district, the vote on the ordinance, resolution, or order setting a |
---|
1569 | 1302 | | tax rate that exceeds the sum of the no-new-revenue [effective] |
---|
1570 | 1303 | | maintenance and operations tax rate of the district as determined |
---|
1571 | 1304 | | under Section 26.08(i) and the district's current debt rate must be |
---|
1572 | 1305 | | a record vote, and at least 60 percent of the members of the |
---|
1573 | 1306 | | governing body must vote in favor of the ordinance, resolution, or |
---|
1574 | 1307 | | order. A motion to adopt an ordinance, resolution, or order setting |
---|
1575 | 1308 | | a tax rate that exceeds the no-new-revenue [effective] tax rate |
---|
1576 | 1309 | | must be made in the following form: "I move that the property tax |
---|
1577 | 1310 | | rate be increased by the adoption of a tax rate of (specify tax |
---|
1578 | 1311 | | rate), which is effectively a (insert percentage by which the |
---|
1579 | 1312 | | proposed tax rate exceeds the no-new-revenue [effective] tax rate) |
---|
1580 | 1313 | | percent increase in the tax rate." If the ordinance, resolution, or |
---|
1581 | 1314 | | order sets a tax rate that, if applied to the total taxable value, |
---|
1582 | 1315 | | will impose an amount of taxes to fund maintenance and operation |
---|
1583 | 1316 | | expenditures of the taxing unit that exceeds the amount of taxes |
---|
1584 | 1317 | | imposed for that purpose in the preceding year, the taxing unit |
---|
1585 | 1318 | | must: |
---|
1586 | 1319 | | (1) include in the ordinance, resolution, or order in |
---|
1587 | 1320 | | type larger than the type used in any other portion of the document: |
---|
1588 | 1321 | | (A) the following statement: "THIS TAX RATE WILL |
---|
1589 | 1322 | | RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S |
---|
1590 | 1323 | | TAX RATE."; and |
---|
1591 | 1324 | | (B) if the tax rate exceeds the no-new-revenue |
---|
1592 | 1325 | | [effective] maintenance and operations rate, the following |
---|
1593 | 1326 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
1594 | 1327 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
1595 | 1328 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
1596 | 1329 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
1597 | 1330 | | APPROXIMATELY $(Insert amount)."; and |
---|
1598 | 1331 | | (2) include on the home page of the [any] Internet |
---|
1599 | 1332 | | website of [operated by] the taxing unit: |
---|
1600 | 1333 | | (A) the following statement: "(Insert name of |
---|
1601 | 1334 | | taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR |
---|
1602 | 1335 | | MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and |
---|
1603 | 1336 | | (B) if the tax rate exceeds the no-new-revenue |
---|
1604 | 1337 | | [effective] maintenance and operations rate, the following |
---|
1605 | 1338 | | statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT |
---|
1606 | 1339 | | PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE |
---|
1607 | 1340 | | [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE |
---|
1608 | 1341 | | TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY |
---|
1609 | 1342 | | APPROXIMATELY $(Insert amount)." |
---|
1610 | 1343 | | (c) If the governing body of a taxing unit does not adopt a |
---|
1611 | 1344 | | tax rate before the date required by Subsection (a), the tax rate |
---|
1612 | 1345 | | for the taxing unit for that tax year is the lower of the |
---|
1613 | 1346 | | no-new-revenue [effective] tax rate calculated for that tax year or |
---|
1614 | 1347 | | the tax rate adopted by the taxing unit for the preceding tax year. |
---|
1615 | 1348 | | A tax rate established by this subsection is treated as an adopted |
---|
1616 | 1349 | | tax rate. Before the fifth day after the establishment of a tax |
---|
1617 | 1350 | | rate by this subsection, the governing body of the taxing unit must |
---|
1618 | 1351 | | ratify the applicable tax rate in the manner required by Subsection |
---|
1619 | 1352 | | (b). |
---|
1620 | 1353 | | (d) The governing body of a taxing unit other than a school |
---|
1621 | 1354 | | district may not adopt a tax rate that exceeds the lower of the |
---|
1636 | 1368 | | (1) delivered the notice required by Section |
---|
1637 | 1369 | | 26.04(e-2); and |
---|
1638 | 1370 | | (2) complied with Section 26.17(f). |
---|
1639 | 1371 | | (d-2) Notwithstanding Subsection (a), the governing body of |
---|
1640 | 1372 | | a taxing unit other than a school district may not adopt a tax rate |
---|
1641 | 1373 | | until the chief appraiser of each appraisal district in which the |
---|
1642 | 1374 | | taxing unit participates has complied with Subsection (d-1). |
---|
1643 | 1375 | | (e) A person who owns taxable property is entitled to an |
---|
1644 | 1376 | | injunction restraining the collection of taxes by a taxing unit in |
---|
1645 | 1377 | | which the property is taxable if the taxing unit has not complied |
---|
1646 | 1378 | | with the requirements of this section or Section 26.04 [and the |
---|
1647 | 1379 | | failure to comply was not in good faith]. It is a defense in an |
---|
1648 | 1380 | | action for an injunction under this subsection that the failure to |
---|
1649 | 1381 | | comply was in good faith. An action to enjoin the collection of |
---|
1650 | 1382 | | taxes must be filed not later than the 15th day after the date the |
---|
1651 | 1383 | | taxing unit adopts a tax rate. A property owner is not required to |
---|
1652 | 1384 | | pay the taxes imposed by a taxing unit on the owner's property while |
---|
1653 | 1385 | | an action filed by the property owner to enjoin the collection of |
---|
1654 | 1386 | | taxes imposed by the taxing unit on the owner's property is pending. |
---|
1655 | 1387 | | If the property owner pays the taxes and subsequently prevails in |
---|
1656 | 1388 | | the action, the property owner is entitled to a refund of the taxes |
---|
1657 | 1389 | | paid, together with reasonable attorney's fees and court costs. |
---|
1658 | 1390 | | The property owner is not required to apply to the collector for the |
---|
1659 | 1391 | | taxing unit to receive the refund [prior to the date a taxing unit |
---|
1660 | 1392 | | delivers substantially all of its tax bills]. |
---|
1661 | 1393 | | (e-1) The governing body of a taxing unit that imposes an |
---|
1662 | 1394 | | additional sales and use tax may not adopt the component of the tax |
---|
1663 | 1395 | | rate of the taxing unit described by Subsection (a)(1) of this |
---|
1664 | 1396 | | section until the chief financial officer or the auditor for the |
---|
1665 | 1397 | | taxing unit submits to the governing body of the taxing unit a |
---|
1666 | 1398 | | written certification that the amount of additional sales and use |
---|
1667 | 1399 | | tax revenue that will be used to pay debt service has been deducted |
---|
1721 | 1453 | | (b) The notice of a public hearing may not be smaller than |
---|
1722 | 1454 | | one-quarter page of a standard-size or a tabloid-size newspaper, |
---|
1723 | 1455 | | and the headline on the notice must be in 24-point or larger type. |
---|
1724 | 1456 | | [The notice must contain a statement in the following form: |
---|
1725 | 1457 | | ["NOTICE OF PUBLIC HEARING ON TAX INCREASE |
---|
1726 | 1458 | | ["The (name of the taxing unit) will hold two public hearings |
---|
1727 | 1459 | | on a proposal to increase total tax revenues from properties on the |
---|
1728 | 1460 | | tax roll in the preceding tax year by (percentage by which proposed |
---|
1729 | 1461 | | tax rate exceeds lower of rollback tax rate or effective tax rate |
---|
1730 | 1462 | | calculated under this chapter) percent. Your individual taxes may |
---|
1731 | 1463 | | increase at a greater or lesser rate, or even decrease, depending on |
---|
1732 | 1464 | | the change in the taxable value of your property in relation to the |
---|
1733 | 1465 | | change in taxable value of all other property and the tax rate that |
---|
1734 | 1466 | | is adopted. |
---|
1735 | 1467 | | ["The first public hearing will be held on (date and time) at |
---|
1736 | 1468 | | (meeting place). |
---|
1737 | 1469 | | ["The second public hearing will be held on (date and time) at |
---|
1738 | 1470 | | (meeting place). |
---|
1739 | 1471 | | ["(Names of all members of the governing body, showing how |
---|
1740 | 1472 | | each voted on the proposal to consider the tax increase or, if one |
---|
1741 | 1473 | | or more were absent, indicating the absences.) |
---|
1742 | 1474 | | ["The average taxable value of a residence homestead in (name |
---|
1743 | 1475 | | of taxing unit) last year was $____ (average taxable value of a |
---|
1744 | 1476 | | residence homestead in the taxing unit for the preceding tax year, |
---|
1745 | 1477 | | disregarding residence homestead exemptions available only to |
---|
1746 | 1478 | | disabled persons or persons 65 years of age or older). Based on |
---|
1747 | 1479 | | last year's tax rate of $____ (preceding year's adopted tax rate) |
---|
1748 | 1480 | | per $100 of taxable value, the amount of taxes imposed last year on |
---|
1749 | 1481 | | the average home was $____ (tax on average taxable value of a |
---|
1750 | 1482 | | residence homestead in the taxing unit for the preceding tax year, |
---|
1751 | 1483 | | disregarding residence homestead exemptions available only to |
---|
1752 | 1484 | | disabled persons or persons 65 years of age or older). |
---|
1753 | 1485 | | ["The average taxable value of a residence homestead in (name |
---|
1754 | 1486 | | of taxing unit) this year is $____ (average taxable value of a |
---|
1755 | 1487 | | residence homestead in the taxing unit for the current tax year, |
---|
1756 | 1488 | | disregarding residence homestead exemptions available only to |
---|
1757 | 1489 | | disabled persons or persons 65 years of age or older). If the |
---|
1758 | 1490 | | governing body adopts the effective tax rate for this year of $____ |
---|
1759 | 1491 | | (effective tax rate) per $100 of taxable value, the amount of taxes |
---|
1760 | 1492 | | imposed this year on the average home would be $____ (tax on average |
---|
1761 | 1493 | | taxable value of a residence homestead in the taxing unit for the |
---|
1762 | 1494 | | current tax year, disregarding residence homestead exemptions |
---|
1763 | 1495 | | available only to disabled persons or persons 65 years of age or |
---|
1764 | 1496 | | older). |
---|
1765 | 1497 | | ["If the governing body adopts the proposed tax rate of $____ |
---|
1766 | 1498 | | (proposed tax rate) per $100 of taxable value, the amount of taxes |
---|
1767 | 1499 | | imposed this year on the average home would be $____ (tax on the |
---|
1768 | 1500 | | average taxable value of a residence in the taxing unit for the |
---|
1769 | 1501 | | current year disregarding residence homestead exemptions available |
---|
1770 | 1502 | | only to disabled persons or persons 65 years of age or older). |
---|
1771 | 1503 | | ["Members of the public are encouraged to attend the hearings |
---|
1772 | 1504 | | and express their views."] |
---|
1773 | 1505 | | (b-1) If the proposed tax rate exceeds the no-new-revenue |
---|
1910 | | - | tax rate. [After each hearing the governing body shall give notice |
---|
1911 | | - | of the meeting at which it will vote on the proposed tax rate and the |
---|
1912 | | - | notice shall be in the same form as prescribed by Subsections (b) |
---|
1913 | | - | and (c), except that it must state the following: |
---|
1914 | | - | ["NOTICE OF TAX REVENUE INCREASE |
---|
1915 | | - | ["The (name of the taxing unit) conducted public hearings on |
---|
1916 | | - | (date of first hearing) and (date of second hearing) on a proposal |
---|
1917 | | - | to increase the total tax revenues of the (name of the taxing unit) |
---|
1918 | | - | from properties on the tax roll in the preceding year by (percentage |
---|
1919 | | - | by which proposed tax rate exceeds lower of rollback tax rate or |
---|
1920 | | - | effective tax rate calculated under this chapter) percent. |
---|
1921 | | - | ["The total tax revenue proposed to be raised last year at |
---|
1922 | | - | last year's tax rate of (insert tax rate for the preceding year) for |
---|
1923 | | - | each $100 of taxable value was (insert total amount of taxes imposed |
---|
1924 | | - | in the preceding year). |
---|
1925 | | - | ["The total tax revenue proposed to be raised this year at the |
---|
| 1632 | + | tax rate and, after the hearing, [. After each hearing the |
---|
| 1633 | + | governing body] shall give notice of the meeting [at which it will |
---|
| 1634 | + | vote on the proposed tax rate and the notice shall be] in the same |
---|
| 1635 | + | form as prescribed by Subsections (b) and (c), except that the |
---|
| 1636 | + | notice [it] must state the following: |
---|
| 1637 | + | "NOTICE OF TAX REVENUE INCREASE |
---|
| 1638 | + | "The (name of the taxing unit) conducted a public hearing |
---|
| 1639 | + | [hearings] on (date of [first] hearing) [and (date of second |
---|
| 1640 | + | hearing)] on a proposal to increase the total tax revenues of the |
---|
| 1641 | + | (name of the taxing unit) from properties on the tax roll in the |
---|
| 1642 | + | preceding year by (percentage by which proposed tax rate exceeds |
---|
| 1643 | + | lower of rollback tax rate or no-new-revenue [effective] tax rate |
---|
| 1644 | + | calculated under this chapter) percent. |
---|
| 1645 | + | "The total tax revenue proposed to be raised last year at last |
---|
| 1646 | + | year's tax rate of (insert tax rate for the preceding year) for each |
---|
| 1647 | + | $100 of taxable value was (insert total amount of taxes imposed in |
---|
| 1648 | + | the preceding year). |
---|
| 1649 | + | "The total tax revenue proposed to be raised this year at the |
---|
2000 | 1721 | | (c) In addition to including the information described by |
---|
2001 | 1722 | | Subsection (b), the notice must include the information described |
---|
2002 | 1723 | | by Section 26.062. |
---|
2003 | 1724 | | (d) The notice required under this section must be provided |
---|
2004 | 1725 | | in the manner required under Section 26.06(c). |
---|
2005 | 1726 | | Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX |
---|
2006 | 1727 | | RATE NOTICE. (a) In addition to the information described by |
---|
2007 | 1728 | | Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a |
---|
2008 | 1729 | | notice required by that provision must include at the end of the |
---|
2009 | 1730 | | notice: |
---|
2010 | 1731 | | (1) a statement in the following form: |
---|
2011 | 1732 | | "The following table compares the taxes imposed on the |
---|
2012 | 1733 | | average residence homestead by (name of taxing unit) last year to |
---|
2013 | 1734 | | the taxes proposed to be imposed on the average residence homestead |
---|
2014 | 1735 | | by (name of taxing unit) this year:"; |
---|
2015 | 1736 | | (2) a table in the form required by this section |
---|
2016 | 1737 | | following the statement described by Subdivision (1); and |
---|
2017 | 1738 | | (3) a statement in the following form following the |
---|
2018 | 1739 | | table: |
---|
2019 | 1740 | | (A) if the tax assessor for the taxing unit |
---|
2020 | 1741 | | maintains an Internet website: "For assistance with tax |
---|
2021 | 1742 | | calculations, please contact the tax assessor for (name of taxing |
---|
2022 | 1743 | | unit) at (telephone number) or (e-mail address), or visit (Internet |
---|
2023 | 1744 | | website address) for more information."; or |
---|
2024 | 1745 | | (B) if the tax assessor for the taxing unit does |
---|
2025 | 1746 | | not maintain an Internet website: "For assistance with tax |
---|
2026 | 1747 | | calculations, please contact the tax assessor for (name of taxing |
---|
2027 | 1748 | | unit) at (telephone number) or (e-mail address)." |
---|
2028 | 1749 | | (b) The table must contain five rows and four columns. |
---|
2029 | 1750 | | (c) The first row must appear as follows: |
---|
2030 | 1751 | | (1) the first column of the first row must be left |
---|
2031 | 1752 | | blank; |
---|
2032 | 1753 | | (2) the second column of the first row must state the |
---|
2033 | 1754 | | year corresponding to the preceding tax year; |
---|
2034 | 1755 | | (3) the third column of the first row must state the |
---|
2035 | 1756 | | year corresponding to the current tax year; and |
---|
2036 | 1757 | | (4) the fourth column of the first row must be entitled |
---|
2037 | 1758 | | "Change". |
---|
2038 | 1759 | | (d) The second row must appear as follows: |
---|
2039 | 1760 | | (1) the first column of the second row must be entitled |
---|
2040 | 1761 | | "Total tax rate (per $100 of value)"; |
---|
2041 | 1762 | | (2) the second column of the second row must state the |
---|
2042 | 1763 | | adopted tax rate for the preceding tax year; |
---|
2043 | 1764 | | (3) the third column of the second row must state the |
---|
2044 | 1765 | | proposed tax rate for the current tax year; and |
---|
2045 | 1766 | | (4) the fourth column of the second row must state the |
---|
2046 | 1767 | | nominal and percentage difference between the adopted tax rate for |
---|
2047 | 1768 | | the preceding tax year and the proposed tax rate for the current tax |
---|
2048 | 1769 | | year as follows: "(increase or decrease, as applicable) of |
---|
2049 | 1770 | | (nominal difference between tax rate stated in second column of |
---|
2050 | 1771 | | second row and tax rate stated in third column of second row) per |
---|
2051 | 1772 | | $100, or (percentage difference between tax rate stated in second |
---|
2052 | 1773 | | column of second row and tax rate stated in third column of second |
---|
2053 | 1774 | | row)%". |
---|
2054 | 1775 | | (e) The third row must appear as follows: |
---|
2055 | 1776 | | (1) the first column of the third row must be entitled |
---|
2056 | 1777 | | "Average homestead taxable value"; |
---|
2057 | 1778 | | (2) the second column of the third row must state the |
---|
2058 | 1779 | | average taxable value of a residence homestead in the taxing unit |
---|
2059 | 1780 | | for the preceding tax year; |
---|
2060 | 1781 | | (3) the third column of the third row must state the |
---|
2061 | 1782 | | average taxable value of a residence homestead in the taxing unit |
---|
2062 | 1783 | | for the current tax year; and |
---|
2063 | 1784 | | (4) the fourth column of the third row must state the |
---|
2064 | 1785 | | percentage difference between the average taxable value of a |
---|
2065 | 1786 | | residence homestead in the taxing unit for the preceding tax year |
---|
2066 | 1787 | | and the average taxable value of a residence homestead in the taxing |
---|
2067 | 1788 | | unit for the current tax year as follows: "(increase or decrease, |
---|
2068 | 1789 | | as applicable) of (percentage difference between amount stated in |
---|
2069 | 1790 | | second column of third row and amount stated in third column of |
---|
2070 | 1791 | | third row)%". |
---|
2071 | 1792 | | (f) The fourth row must appear as follows: |
---|
2072 | 1793 | | (1) the first column of the fourth row must be entitled |
---|
2073 | 1794 | | "Tax on average homestead"; |
---|
2074 | 1795 | | (2) the second column of the fourth row must state the |
---|
2075 | 1796 | | amount of taxes imposed by the taxing unit in the preceding tax year |
---|
2076 | 1797 | | on a residence homestead with a taxable value equal to the average |
---|
2077 | 1798 | | taxable value of a residence homestead in the taxing unit in the |
---|
2078 | 1799 | | preceding tax year; |
---|
2079 | 1800 | | (3) the third column of the fourth row must state the |
---|
2080 | 1801 | | amount of taxes that would be imposed by the taxing unit in the |
---|
2081 | 1802 | | current tax year on a residence homestead with a taxable value equal |
---|
2082 | 1803 | | to the average taxable value of a residence homestead in the taxing |
---|
2083 | 1804 | | unit in the current tax year if the taxing unit adopted the proposed |
---|
2084 | 1805 | | tax rate; and |
---|
2085 | 1806 | | (4) the fourth column of the fourth row must state the |
---|
2086 | 1807 | | nominal and percentage difference between the amount of taxes |
---|
2087 | 1808 | | imposed by the taxing unit in the preceding tax year on a residence |
---|
2088 | 1809 | | homestead with a taxable value equal to the average taxable value of |
---|
2089 | 1810 | | a residence homestead in the taxing unit in the preceding tax year |
---|
2090 | 1811 | | and the amount of taxes that would be imposed by the taxing unit in |
---|
2091 | 1812 | | the current tax year on a residence homestead with a taxable value |
---|
2092 | 1813 | | equal to the average taxable value of a residence homestead in the |
---|
2093 | 1814 | | taxing unit in the current tax year if the taxing unit adopted the |
---|
2094 | 1815 | | proposed tax rate, as follows: "(increase or decrease, as |
---|
2095 | 1816 | | applicable) of (nominal difference between amount stated in second |
---|
2096 | 1817 | | column of fourth row and amount stated in third column of fourth |
---|
2097 | 1818 | | row), or (percentage difference between amount stated in second |
---|
2098 | 1819 | | column of fourth row and amount stated in third column of fourth |
---|
2099 | 1820 | | row)%". |
---|
2100 | 1821 | | (g) The fifth row must appear as follows: |
---|
2101 | 1822 | | (1) the first column of the fifth row must be entitled |
---|
2102 | 1823 | | "Total tax levy on all properties"; |
---|
2103 | 1824 | | (2) the second column of the fifth row must state the |
---|
2104 | 1825 | | amount equal to last year's levy; |
---|
2105 | 1826 | | (3) the third column of the fifth row must state the |
---|
2106 | 1827 | | amount computed by multiplying the proposed tax rate by the current |
---|
2107 | 1828 | | total value and dividing the product by 100; and |
---|
2108 | 1829 | | (4) the fourth column of the fifth row must state the |
---|
2109 | 1830 | | nominal and percentage difference between the total amount of taxes |
---|
2110 | 1831 | | imposed by the taxing unit in the preceding tax year and the amount |
---|
2111 | 1832 | | that would be imposed by the taxing unit in the current tax year if |
---|
2112 | 1833 | | the taxing unit adopted the proposed tax rate, as follows: |
---|
2113 | 1834 | | "(increase or decrease, as applicable) of (nominal difference |
---|
2114 | 1835 | | between amount stated in second column of fifth row and amount |
---|
2115 | 1836 | | stated in third column of fifth row), or (percentage difference |
---|
2116 | 1837 | | between amount stated in second column of fifth row and amount |
---|
2117 | 1838 | | stated in third column of fifth row)%". |
---|
2118 | 1839 | | (h) In calculating the average taxable value of a residence |
---|
2119 | 1840 | | homestead in the taxing unit for the preceding tax year and the |
---|
2120 | 1841 | | current tax year for purposes of Subsections (e) and (f), any |
---|
2121 | 1842 | | residence homestead exemption available only to disabled persons, |
---|
2122 | 1843 | | persons 65 years of age or older, or their surviving spouses must be |
---|
2123 | 1844 | | disregarded. |
---|
2134 | | - | (3) for which the de minimis rate exceeds the |
---|
2135 | | - | voter-approval tax rate. |
---|
2136 | | - | (b) This subsection applies only to a taxing unit that is |
---|
2137 | | - | required to hold an election under Section 26.07. In the notice |
---|
2138 | | - | required to be provided by the taxing unit under Section 26.06(b-1) |
---|
2139 | | - | or (b-3), as applicable, the taxing unit shall: |
---|
2140 | | - | (1) add the following to the end of the list of rates |
---|
2141 | | - | included in the notice: |
---|
2142 | | - | "DE MINIMIS RATE $__________ per $100"; |
---|
2143 | | - | (2) substitute the following for the definition of |
---|
2144 | | - | "voter-approval tax rate": "The voter-approval tax rate is the |
---|
2145 | | - | highest tax rate that (name of taxing unit) may adopt without |
---|
2146 | | - | holding an election to seek voter approval of the rate, unless the |
---|
2147 | | - | de minimis rate for (name of taxing unit) exceeds the |
---|
2148 | | - | voter-approval tax rate for (name of taxing unit)."; |
---|
2149 | | - | (3) add the following definition of "de minimis rate": |
---|
| 1852 | + | (3) for which the de minimis rate exceeds the rollback |
---|
| 1853 | + | tax rate. |
---|
| 1854 | + | (b) In the notice required to be provided by the taxing unit |
---|
| 1855 | + | under Section 26.06(b-1) or (b-3), as applicable, the taxing unit |
---|
| 1856 | + | shall: |
---|
| 1857 | + | (1) substitute the following for the definition of |
---|
| 1858 | + | "rollback tax rate": "The rollback tax rate is the highest tax rate |
---|
| 1859 | + | that (name of taxing unit) may adopt without holding an election to |
---|
| 1860 | + | ratify the rate, unless the de minimis rate for (insert name of |
---|
| 1861 | + | taxing unit) exceeds the rollback tax rate for (insert name of |
---|
| 1862 | + | taxing unit), in which case the de minimis rate is the highest tax |
---|
| 1863 | + | rate that (name of taxing unit) may adopt without an election."; |
---|
| 1864 | + | (2) add the following definition of "de minimis rate": |
---|
2156 | | - | rate is greater than the voter-approval tax rate and the de minimis |
---|
2157 | | - | rate. If (name of taxing unit) adopts the proposed tax rate, (name |
---|
2158 | | - | of taxing unit) is required to hold an election so that the voters |
---|
2159 | | - | may accept or reject the proposed tax rate. If a majority of the |
---|
2160 | | - | voters reject the proposed tax rate, the tax rate of the (name of |
---|
2161 | | - | taxing unit) will be the voter-approval tax rate of the (name of |
---|
2162 | | - | taxing unit). The election will be held on (date of election). You |
---|
2163 | | - | may contact the (name of office responsible for administering the |
---|
2164 | | - | election) for information about voting locations. The hours of |
---|
2165 | | - | voting on election day are (voting hours).". |
---|
2166 | | - | (c) This subsection applies only to a taxing unit for which |
---|
2167 | | - | the qualified voters of the taxing unit may petition to hold an |
---|
2168 | | - | election under Section 26.075. In the notice required to be |
---|
2169 | | - | provided by the taxing unit under Section 26.06(b-1) or (b-3), as |
---|
2170 | | - | applicable, the taxing unit shall: |
---|
2171 | | - | (1) add the following to the end of the list of rates |
---|
2172 | | - | included in the notice: |
---|
2173 | | - | "DE MINIMIS RATE $__________ per $100"; |
---|
2174 | | - | (2) substitute the following for the definition of |
---|
2175 | | - | "voter-approval tax rate": "The voter-approval tax rate is the |
---|
2176 | | - | highest tax rate that (name of taxing unit) may adopt without |
---|
2177 | | - | holding an election to seek voter approval of the rate, unless the |
---|
2178 | | - | de minimis rate for (name of taxing unit) exceeds the |
---|
2179 | | - | voter-approval tax rate for (name of taxing unit)."; |
---|
2180 | | - | (3) add the following definition of "de minimis rate": |
---|
2181 | | - | "The de minimis rate is the rate equal to the sum of the |
---|
2182 | | - | no-new-revenue maintenance and operations rate for (name of taxing |
---|
2183 | | - | unit), the rate that will raise $500,000, and the current debt rate |
---|
2184 | | - | for (name of taxing unit)."; and |
---|
2185 | | - | (4) substitute the following for the provision that |
---|
2186 | | - | provides notice that an election is required: "The proposed tax |
---|
2187 | | - | rate is greater than the voter-approval tax rate but not greater |
---|
2188 | | - | than the de minimis rate. However, the proposed tax rate exceeds |
---|
2189 | | - | the rate that allows voters to petition for an election under |
---|
2190 | | - | Section 26.075, Tax Code. If (name of taxing unit) adopts the |
---|
2191 | | - | proposed tax rate, the qualified voters of the (name of taxing unit) |
---|
2192 | | - | may petition the (name of taxing unit) to require an election to be |
---|
2193 | | - | held to determine whether to reduce the proposed tax rate. If a |
---|
2194 | | - | majority of the voters reject the proposed tax rate, the tax rate of |
---|
2195 | | - | the (name of taxing unit) will be the voter-approval tax rate of the |
---|
2196 | | - | (name of taxing unit).". |
---|
2197 | | - | SECTION 50. Section 26.065(b), Tax Code, is amended to read |
---|
| 1871 | + | rate is greater than the rollback tax rate. If (name of taxing |
---|
| 1872 | + | unit) adopts the proposed tax rate, (name of taxing unit) is |
---|
| 1873 | + | required to hold an election so that the voters may accept or reject |
---|
| 1874 | + | the proposed tax rate unless the de minimis rate exceeds the |
---|
| 1875 | + | rollback tax rate and the proposed tax rate is less than the de |
---|
| 1876 | + | minimis rate. If a majority of the voters reject the proposed tax |
---|
| 1877 | + | rate, the (name of taxing unit) will be required to adopt a new tax |
---|
| 1878 | + | rate that is not greater than the rollback tax rate. The election |
---|
| 1879 | + | will be held on (date of election). You may contact the (name of |
---|
| 1880 | + | office responsible for administering the election) for information |
---|
| 1881 | + | about voting locations. The hours of voting on election day are |
---|
| 1882 | + | (voting hours).". |
---|
| 1883 | + | SECTION 40. Section 26.065(b), Tax Code, is amended to read |
---|
2208 | | - | Sec. 26.07. AUTOMATIC ELECTION TO APPROVE TAX RATE OF |
---|
2209 | | - | TAXING UNIT OTHER THAN SCHOOL DISTRICT [REPEAL INCREASE]. |
---|
2210 | | - | (a) This section applies to [If the governing body of] a taxing |
---|
2211 | | - | unit other than a school district. |
---|
2212 | | - | (b) If the governing body of a special taxing unit or a |
---|
2213 | | - | municipality with a population of 30,000 or more adopts a tax rate |
---|
2214 | | - | that exceeds the taxing unit's voter-approval [rollback] tax rate |
---|
2215 | | - | [calculated as provided by this chapter], or the governing body of a |
---|
2216 | | - | taxing unit other than a special taxing unit or a municipality with |
---|
2217 | | - | a population of less than 30,000 regardless of whether it is a |
---|
2218 | | - | special taxing unit adopts a tax rate that exceeds the greater of |
---|
2219 | | - | the taxing unit's voter-approval tax rate or de minimis rate, the |
---|
2220 | | - | registered [qualified] voters of the taxing unit at an election |
---|
2221 | | - | held for that purpose must determine whether to approve the adopted |
---|
2222 | | - | tax rate. When increased expenditure of money by a taxing unit is |
---|
2223 | | - | necessary to respond to a disaster, including a tornado, hurricane, |
---|
2224 | | - | flood, wildfire, or other calamity, but not including a drought, |
---|
2225 | | - | that has impacted the taxing unit and the governor has declared any |
---|
2226 | | - | part of the area in which the taxing unit is located as a disaster |
---|
2227 | | - | area, an election is not required under this section to approve the |
---|
2228 | | - | tax rate adopted by the governing body for the year following the |
---|
2229 | | - | year in which the disaster occurs [by petition may require that an |
---|
2230 | | - | election be held to determine whether or not to reduce the tax rate |
---|
2231 | | - | adopted for the current year to the rollback tax rate calculated as |
---|
2232 | | - | provided by this chapter]. |
---|
| 1894 | + | Sec. 26.07. ELECTION TO APPROVE TAX RATE OF TAXING UNIT |
---|
| 1895 | + | OTHER THAN SCHOOL DISTRICT [REPEAL INCREASE]. (a) This section |
---|
| 1896 | + | applies to [If the governing body of] a taxing unit other than a |
---|
| 1897 | + | school district. |
---|
| 1898 | + | (b) If the governing body of a special taxing unit adopts a |
---|
| 1899 | + | tax rate that exceeds the taxing unit's rollback tax rate or the |
---|
| 1900 | + | governing body of a taxing unit other than a special taxing unit |
---|
| 1901 | + | adopts a tax rate that exceeds the greater of the taxing unit's |
---|
| 1902 | + | rollback tax rate or de minimis rate [calculated as provided by this |
---|
| 1903 | + | chapter], the registered [qualified] voters of the taxing unit at |
---|
| 1904 | + | an election held for that purpose must determine whether to approve |
---|
| 1905 | + | the adopted tax rate. When increased expenditure of money by a |
---|
| 1906 | + | taxing unit is necessary to respond to a disaster, including a |
---|
| 1907 | + | tornado, hurricane, flood, or other calamity, but not including a |
---|
| 1908 | + | drought, that has impacted the taxing unit and the governor has |
---|
| 1909 | + | declared any part of the area in which the taxing unit is located as |
---|
| 1910 | + | a disaster area, an election is not required under this section to |
---|
| 1911 | + | approve the tax rate adopted by the governing body for the year |
---|
| 1912 | + | following the year in which the disaster occurs [by petition may |
---|
| 1913 | + | require that an election be held to determine whether or not to |
---|
| 1914 | + | reduce the tax rate adopted for the current year to the rollback tax |
---|
| 1915 | + | rate calculated as provided by this chapter]. |
---|
2233 | 1916 | | [(b) A petition is valid only if: |
---|
2234 | 1917 | | [(1) it states that it is intended to require an |
---|
2235 | 1918 | | election in the taxing unit on the question of reducing the tax rate |
---|
2236 | 1919 | | for the current year; |
---|
2237 | 1920 | | [(2) it is signed by a number of registered voters of |
---|
2238 | 1921 | | the taxing unit equal to at least: |
---|
2239 | 1922 | | [(A) seven percent of the number of registered |
---|
2240 | 1923 | | voters of the taxing unit according to the most recent list of |
---|
2241 | 1924 | | registered voters if the tax rate adopted for the current tax year |
---|
2242 | 1925 | | would impose taxes for maintenance and operations in an amount of at |
---|
2243 | 1926 | | least $5 million; or |
---|
2244 | 1927 | | [(B) 10 percent of the number of registered |
---|
2245 | 1928 | | voters of the taxing unit according to the most recent official list |
---|
2246 | 1929 | | of registered voters if the tax rate adopted for the current tax |
---|
2247 | 1930 | | year would impose taxes for maintenance and operations in an amount |
---|
2248 | 1931 | | of less than $5 million; and |
---|
2249 | 1932 | | [(3) it is submitted to the governing body on or before |
---|
2250 | 1933 | | the 90th day after the date on which the governing body adopted the |
---|
2251 | 1934 | | tax rate for the current year.] |
---|
2252 | 1935 | | (c) The governing body [Not later than the 20th day after |
---|
2253 | 1936 | | the day a petition is submitted, the governing body shall determine |
---|
2254 | 1937 | | whether or not the petition is valid and pass a resolution stating |
---|
2255 | 1938 | | its finding. If the governing body fails to act within the time |
---|
2256 | 1939 | | allowed, the petition is treated as if it had been found valid. |
---|
2257 | 1940 | | [(d) If the governing body finds that the petition is valid |
---|
2258 | 1941 | | (or fails to act within the time allowed), it] shall order that the |
---|
2259 | 1942 | | [an] election be held in the taxing unit on the uniform election |
---|
2260 | 1943 | | date prescribed by Section 41.001, Election Code, that occurs in |
---|
2261 | 1944 | | November of the applicable tax year. The order calling the election |
---|
2262 | | - | may not be issued later than the 71st day before the date of the |
---|
2263 | | - | election [a date not less than 30 or more than 90 days after the last |
---|
2264 | | - | day on which it could have acted to approve or disapprove the |
---|
2265 | | - | petition. A state law requiring local elections to be held on a |
---|
2266 | | - | specified date does not apply to the election unless a specified |
---|
2267 | | - | date falls within the time permitted by this section]. At the |
---|
2268 | | - | election, the ballots shall be prepared to permit voting for or |
---|
2269 | | - | against the proposition: "Approving the ad valorem tax rate of |
---|
2270 | | - | $_____ per $100 valuation in (name of taxing unit) for the current |
---|
2271 | | - | year, a rate that is $_____ higher per $100 valuation than the |
---|
2272 | | - | voter-approval tax rate of (name of taxing unit), for the purpose of |
---|
2273 | | - | (description of purpose of increase). Last year, the ad valorem tax |
---|
2274 | | - | rate in (name of taxing unit) was $__________ per $100 valuation |
---|
2275 | | - | ["Reducing the tax rate in (name of taxing unit) for the current |
---|
2276 | | - | year from (the rate adopted) to (the rollback tax rate calculated as |
---|
2277 | | - | provided by this chapter)]." The ballot proposition must include |
---|
2278 | | - | the adopted tax rate, the difference between the adopted tax rate |
---|
2279 | | - | and the voter-approval tax rate, and the taxing unit's tax rate for |
---|
2280 | | - | the preceding tax year in the appropriate places. |
---|
| 1945 | + | may not be issued later than August 15 [a date not less than 30 or |
---|
| 1946 | + | more than 90 days after the last day on which it could have acted to |
---|
| 1947 | + | approve or disapprove the petition. A state law requiring local |
---|
| 1948 | + | elections to be held on a specified date does not apply to the |
---|
| 1949 | + | election unless a specified date falls within the time permitted by |
---|
| 1950 | + | this section]. At the election, the ballots shall be prepared to |
---|
| 1951 | + | permit voting for or against the proposition: "Approving the ad |
---|
| 1952 | + | valorem tax rate of $_____ per $100 valuation in (name of taxing |
---|
| 1953 | + | unit) for the current year, a rate that is $_____ higher per $100 |
---|
| 1954 | + | valuation than the rollback tax rate of (name of taxing unit), for |
---|
| 1955 | + | the purpose of (description of purpose of increase) ["Reducing the |
---|
| 1956 | + | tax rate in (name of taxing unit) for the current year from (the |
---|
| 1957 | + | rate adopted) to (the rollback tax rate calculated as provided by |
---|
| 1958 | + | this chapter)]." The ballot proposition must include the adopted |
---|
| 1959 | + | tax rate and the difference between that rate and the rollback tax |
---|
| 1960 | + | rate in the appropriate places. |
---|
2315 | | - | SECTION 52. Chapter 26, Tax Code, is amended by adding |
---|
2316 | | - | Section 26.075 to read as follows: |
---|
2317 | | - | Sec. 26.075. PETITION ELECTION TO REDUCE TAX RATE OF TAXING |
---|
2318 | | - | UNIT OTHER THAN SCHOOL DISTRICT. (a) This section applies only to |
---|
2319 | | - | a taxing unit other than: |
---|
2320 | | - | (1) a special taxing unit; |
---|
2321 | | - | (2) a school district; or |
---|
2322 | | - | (3) a municipality with a population of 30,000 or |
---|
2323 | | - | more. |
---|
2324 | | - | (b) This section applies to a taxing unit only in a tax year |
---|
2325 | | - | in which the taxing unit's: |
---|
2326 | | - | (1) de minimis rate exceeds the taxing unit's |
---|
2327 | | - | voter-approval tax rate; and |
---|
2328 | | - | (2) adopted tax rate is: |
---|
2329 | | - | (A) equal to or lower than the taxing unit's de |
---|
2330 | | - | minimis rate; and |
---|
2331 | | - | (B) greater than the greater of the taxing |
---|
2332 | | - | unit's: |
---|
2333 | | - | (i) voter-approval tax rate calculated as |
---|
2334 | | - | if the taxing unit were a special taxing unit; or |
---|
2335 | | - | (ii) voter-approval tax rate. |
---|
2336 | | - | (c) The qualified voters of a taxing unit by petition may |
---|
2337 | | - | require that an election be held to determine whether to reduce the |
---|
2338 | | - | tax rate adopted by the governing body of the taxing unit for the |
---|
2339 | | - | current tax year to the voter-approval tax rate. |
---|
2340 | | - | (d) A petition is valid only if the petition: |
---|
2341 | | - | (1) states that it is intended to require an election |
---|
2342 | | - | in the taxing unit on the question of reducing the taxing unit's |
---|
2343 | | - | adopted tax rate for the current tax year; |
---|
2344 | | - | (2) is signed by a number of registered voters of the |
---|
2345 | | - | taxing unit equal to at least three percent of the registered voters |
---|
2346 | | - | of the taxing unit determined according to the most recent list of |
---|
2347 | | - | those voters; and |
---|
2348 | | - | (3) is submitted to the governing body of the taxing |
---|
2349 | | - | unit not later than the 90th day after the date on which the |
---|
2350 | | - | governing body adopts the tax rate for the current tax year. |
---|
2351 | | - | (e) Not later than the 20th day after the date on which a |
---|
2352 | | - | petition is submitted, the governing body shall determine whether |
---|
2353 | | - | the petition is valid and must by resolution state the governing |
---|
2354 | | - | body's determination. If the governing body fails to make the |
---|
2355 | | - | determination in the time and manner required by this subsection, |
---|
2356 | | - | the petition is considered to be valid for the purposes of this |
---|
2357 | | - | section. |
---|
2358 | | - | (f) If the governing body determines that the petition is |
---|
2359 | | - | valid or fails to make the determination in the time and manner |
---|
2360 | | - | required by Subsection (e), the governing body shall order that an |
---|
2361 | | - | election be held in the taxing unit on the next uniform election |
---|
2362 | | - | date that allows sufficient time to comply with the requirements of |
---|
2363 | | - | other law. |
---|
2364 | | - | (g) At the election, the ballots shall be prepared to permit |
---|
2365 | | - | voting for or against the proposition: "Reducing the tax rate in |
---|
2366 | | - | (name of taxing unit) for the current year from (insert tax rate |
---|
2367 | | - | adopted for current year) to (insert voter-approval tax rate)." |
---|
2368 | | - | (h) If a majority of the votes cast in the election favor the |
---|
2369 | | - | proposition, the tax rate for the current tax year is the |
---|
2370 | | - | voter-approval tax rate. |
---|
2371 | | - | (i) If the proposition is not approved as provided by |
---|
2372 | | - | Subsection (h), the tax rate for the taxing unit for the current tax |
---|
2373 | | - | year is the tax rate adopted by the governing body of the taxing |
---|
2374 | | - | unit for the current tax year. |
---|
2375 | | - | (j) If the tax rate is reduced by an election held under this |
---|
2376 | | - | section after tax bills for the taxing unit have been mailed, the |
---|
2377 | | - | assessor for the taxing unit shall prepare and mail corrected tax |
---|
2378 | | - | bills. The assessor shall include with the bill a brief explanation |
---|
2379 | | - | of the reason for and effect of the corrected bill. The date on |
---|
2380 | | - | which the taxes become delinquent for the tax year is extended by a |
---|
2381 | | - | number of days equal to the number of days between the date the |
---|
2382 | | - | first tax bills were sent and the date the corrected tax bills were |
---|
2383 | | - | sent. |
---|
2384 | | - | (k) If a property owner pays taxes calculated using the |
---|
2385 | | - | higher tax rate when the tax rate is reduced by an election held |
---|
2386 | | - | under this section, the taxing unit shall refund the difference |
---|
2387 | | - | between the amount of taxes paid and the amount due under the |
---|
2388 | | - | reduced tax rate if the difference between the amount of taxes paid |
---|
2389 | | - | and the amount due under the reduced tax rate is $1 or more. If the |
---|
2390 | | - | difference between the amount of taxes paid and the amount due under |
---|
2391 | | - | the reduced rate is less than $1, the taxing unit shall refund the |
---|
2392 | | - | difference on request of the taxpayer. An application for a refund |
---|
2393 | | - | of less than $1 must be made within 90 days after the date the refund |
---|
2394 | | - | becomes due or the taxpayer forfeits the right to the refund. |
---|
2395 | | - | (l) Except as otherwise expressly provided by law, this |
---|
2396 | | - | section does not apply to a tax imposed by a taxing unit if a |
---|
2397 | | - | provision of an uncodified local or special law enacted by the 86th |
---|
2398 | | - | Legislature, Regular Session, 2019, or by an earlier legislature |
---|
2399 | | - | provides that Section 26.07 does not apply to a tax imposed by the |
---|
2400 | | - | taxing unit. |
---|
2401 | | - | SECTION 53. The heading to Section 26.08, Tax Code, is |
---|
2402 | | - | amended to read as follows: |
---|
2403 | | - | Sec. 26.08. AUTOMATIC ELECTION TO APPROVE TAX RATE OF |
---|
2404 | | - | [RATIFY] SCHOOL DISTRICT [TAXES]. |
---|
2405 | | - | SECTION 54. Section 26.08(a), Tax Code, is amended to read |
---|
| 1997 | + | SECTION 42. Section 26.08(n), Tax Code, is amended to read |
---|
2407 | | - | (a) If the governing body of a school district adopts a tax |
---|
2408 | | - | rate that exceeds the district's rollback tax rate, the registered |
---|
2409 | | - | voters of the district at an election held for that purpose must |
---|
2410 | | - | determine whether to approve the adopted tax rate. When increased |
---|
2411 | | - | expenditure of money by a school district is necessary to respond to |
---|
2412 | | - | a disaster, including a tornado, hurricane, flood, wildfire, or |
---|
2413 | | - | other calamity, but not including a drought, that has impacted a |
---|
2414 | | - | school district and the governor has requested federal disaster |
---|
2415 | | - | assistance for the area in which the school district is located, an |
---|
2416 | | - | election is not required under this section to approve the tax rate |
---|
2417 | | - | adopted by the governing body for the year following the year in |
---|
2418 | | - | which the disaster occurs. |
---|
2419 | | - | SECTION 55. The heading to Section 26.16, Tax Code, is |
---|
| 1999 | + | (n) For purposes of this section, the rollback tax rate of a |
---|
| 2000 | + | school district [whose maintenance and operations tax rate for the |
---|
| 2001 | + | 2005 tax year was $1.50 or less per $100 of taxable value] is the sum |
---|
| 2002 | + | of the following: |
---|
| 2003 | + | (1) the rate per $100 of taxable value that is equal to |
---|
| 2004 | + | the product of the no-new-revenue maintenance and operations tax |
---|
| 2005 | + | rate of the district as computed under Subsection (i) and 1.02 [for |
---|
| 2006 | + | the 2006 tax year, the sum of the rate that is equal to 88.67 percent |
---|
| 2007 | + | of the maintenance and operations tax rate adopted by the district |
---|
| 2008 | + | for the 2005 tax year, the rate of $0.04 per $100 of taxable value, |
---|
| 2009 | + | and the district's current debt rate]; and |
---|
| 2010 | + | (2) [for the 2007 and subsequent tax years, the lesser |
---|
| 2011 | + | of the following: |
---|
| 2012 | + | [(A) the sum of the following: |
---|
| 2013 | + | [(i) the rate per $100 of taxable value that |
---|
| 2014 | + | is equal to the product of the state compression percentage, as |
---|
| 2015 | + | determined under Section 42.2516, Education Code, for the current |
---|
| 2016 | + | year and $1.50; |
---|
| 2017 | + | [(ii) the rate of $0.04 per $100 of taxable |
---|
| 2018 | + | value; |
---|
| 2019 | + | [(iii) the rate that is equal to the sum of |
---|
| 2020 | + | the differences for the 2006 and each subsequent tax year between |
---|
| 2021 | + | the adopted tax rate of the district for that year if the rate was |
---|
| 2022 | + | approved at an election under this section and the rollback tax rate |
---|
| 2023 | + | of the district for that year; and |
---|
| 2024 | + | [(iv) the district's current debt rate; or |
---|
| 2025 | + | [(B) the sum of the following: |
---|
| 2026 | + | [(i) the effective maintenance and |
---|
| 2027 | + | operations tax rate of the district as computed under Subsection |
---|
| 2028 | + | (i) or (k), as applicable; |
---|
| 2029 | + | [(ii) the rate per $100 of taxable value |
---|
| 2030 | + | that is equal to the product of the state compression percentage, as |
---|
| 2031 | + | determined under Section 42.2516, Education Code, for the current |
---|
| 2032 | + | year and $0.06; and |
---|
| 2033 | + | [(iii)] the district's current debt rate. |
---|
| 2034 | + | SECTION 43. The heading to Section 26.16, Tax Code, is |
---|
2439 | 2054 | | (a-1) For purposes of Subsection (a), a reference to the |
---|
2440 | 2055 | | no-new-revenue tax rate or the no-new-revenue maintenance and |
---|
2441 | 2056 | | operations rate includes the equivalent effective tax rate or |
---|
2442 | 2057 | | effective maintenance and operations rate for a preceding year. |
---|
2443 | 2058 | | This subsection expires January 1, 2026. |
---|
2444 | 2059 | | (d) The county assessor-collector shall post immediately |
---|
2445 | 2060 | | below the table prescribed by Subsection (c) the following |
---|
2446 | 2061 | | statement: |
---|
2447 | 2062 | | "The county is providing this table of property tax rate |
---|
2448 | 2063 | | information as a service to the residents of the county. Each |
---|
2449 | 2064 | | individual taxing unit is responsible for calculating the property |
---|
2450 | 2065 | | tax rates listed in this table pertaining to that taxing unit and |
---|
2451 | 2066 | | providing that information to the county. |
---|
2452 | 2067 | | "The adopted tax rate is the tax rate adopted by the governing |
---|
2453 | 2068 | | body of a taxing unit. |
---|
2454 | 2069 | | "The maintenance and operations rate is the component of the |
---|
2455 | 2070 | | adopted tax rate of a taxing unit that will impose the amount of |
---|
2456 | 2071 | | taxes needed to fund maintenance and operation expenditures of the |
---|
2457 | 2072 | | taxing unit for the following year. |
---|
2458 | 2073 | | "The debt rate is the component of the adopted tax rate of a |
---|
2459 | 2074 | | taxing unit that will impose the amount of taxes needed to fund the |
---|
2460 | 2075 | | taxing unit's debt service for the following year. |
---|
2461 | 2076 | | "The no-new-revenue [effective] tax rate is the tax rate that |
---|
2462 | 2077 | | would generate the same amount of revenue in the current tax year as |
---|
2463 | 2078 | | was generated by a taxing unit's adopted tax rate in the preceding |
---|
2464 | 2079 | | tax year from property that is taxable in both the current tax year |
---|
2465 | 2080 | | and the preceding tax year. |
---|
2466 | 2081 | | "The no-new-revenue [effective] maintenance and operations |
---|
2467 | 2082 | | rate is the tax rate that would generate the same amount of revenue |
---|
2468 | 2083 | | for maintenance and operations in the current tax year as was |
---|
2469 | 2084 | | generated by a taxing unit's maintenance and operations rate in the |
---|
2470 | 2085 | | preceding tax year from property that is taxable in both the current |
---|
2471 | 2086 | | tax year and the preceding tax year. |
---|
2538 | 2148 | | (7) the tax rate proposed by the governing body of each |
---|
2539 | 2149 | | taxing unit in which the property is located; |
---|
2540 | 2150 | | (8) for each taxing unit other than a school district |
---|
2541 | 2151 | | in which the property is located, the taxes that would be imposed on |
---|
2542 | 2152 | | the property if the taxing unit adopted a tax rate equal to: |
---|
2543 | 2153 | | (A) the no-new-revenue tax rate; and |
---|
2544 | 2154 | | (B) the proposed tax rate; |
---|
2545 | 2155 | | (9) for each school district in which the property is |
---|
2546 | 2156 | | located, the taxes that would be imposed on the property if the |
---|
2547 | 2157 | | district adopted a tax rate equal to: |
---|
2548 | 2158 | | (A) the tax rate that would maintain the same |
---|
2549 | 2159 | | amount of state and local revenue per weighted student that the |
---|
2550 | 2160 | | district received in the school year beginning in the preceding tax |
---|
2551 | 2161 | | year; and |
---|
2552 | 2162 | | (B) the proposed tax rate; |
---|
2553 | 2163 | | (10) for each taxing unit other than a school district |
---|
2554 | 2164 | | in which the property is located, the difference between the amount |
---|
2555 | 2165 | | calculated under Subdivision (8)(A) and the amount calculated under |
---|
2556 | 2166 | | Subdivision (8)(B); |
---|
2557 | 2167 | | (11) for each school district in which the property is |
---|
2558 | 2168 | | located, the difference between the amount calculated under |
---|
2559 | 2169 | | Subdivision (9)(A) and the amount calculated under Subdivision |
---|
2560 | 2170 | | (9)(B); |
---|
2561 | 2171 | | (12) the date, time, and location of the public |
---|
2562 | 2172 | | hearing, if applicable, on the proposed tax rate to be held by the |
---|
2563 | 2173 | | governing body of each taxing unit in which the property is located; |
---|
2564 | 2174 | | (13) the date, time, and location of the public |
---|
2565 | 2175 | | meeting, if applicable, at which the tax rate will be adopted to be |
---|
2566 | 2176 | | held by the governing body of each taxing unit in which the property |
---|
2567 | 2177 | | is located; and |
---|
2568 | 2178 | | (14) for each taxing unit in which the property is |
---|
2569 | 2179 | | located, an e-mail address at which the taxing unit is capable of |
---|
2570 | 2180 | | receiving written comments regarding the proposed tax rate of the |
---|
2571 | 2181 | | taxing unit. |
---|
2572 | 2182 | | (c) The database must provide a link to the Internet website |
---|
2573 | 2183 | | used by each taxing unit in which the property is located to post |
---|
2574 | 2184 | | the information described by Section 26.18. |
---|
2575 | 2185 | | (d) The database must allow the property owner to |
---|
2576 | 2186 | | electronically complete and submit to a taxing unit in which the |
---|
2577 | 2187 | | owner's property is located a form on which the owner may provide |
---|
2578 | 2188 | | the owner's opinion as to whether the tax rate proposed by the |
---|
2579 | 2189 | | governing body of the taxing unit should be adopted. The form must |
---|
2580 | 2190 | | require the owner to provide the owner's name and contact |
---|
2581 | 2191 | | information and the physical address of the owner's property |
---|
2582 | 2192 | | located in the taxing unit. The database must allow a property |
---|
2583 | 2193 | | owner to complete and submit the form at any time during the period |
---|
2584 | 2194 | | beginning on the date the governing body of the taxing unit proposes |
---|
2585 | 2195 | | the tax rate for that tax year and ending on the date the governing |
---|
2586 | 2196 | | body adopts a tax rate for that tax year. |
---|
2587 | 2197 | | (e) The officer or employee designated by the governing body |
---|
2588 | 2198 | | of each taxing unit in which the property is located to calculate |
---|
2591 | 2201 | | (1) the information described by Subsections (b)(5), |
---|
2592 | 2202 | | (6), (7), (12), and (13), as applicable, as the information becomes |
---|
2593 | 2203 | | available; and |
---|
2594 | 2204 | | (2) the tax rate calculation forms prepared under |
---|
2595 | 2205 | | Section 26.04(d-1) at the same time the designated officer or |
---|
2596 | 2206 | | employee submits the tax rates to the governing body of the taxing |
---|
2597 | 2207 | | unit under Section 26.04(e). |
---|
2598 | 2208 | | (f) The chief appraiser shall make the information |
---|
2599 | 2209 | | described by Subsection (e)(1) and the tax rate calculation forms |
---|
2600 | 2210 | | described by Subsection (e)(2) available to the public not later |
---|
2601 | 2211 | | than the third business day after the date the information and forms |
---|
2602 | 2212 | | are incorporated into the database. |
---|
2603 | 2213 | | Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY |
---|
2604 | 2214 | | TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet |
---|
2605 | 2215 | | website or have access to a generally accessible Internet website |
---|
2606 | 2216 | | that may be used for the purposes of this section. Each taxing unit |
---|
2607 | 2217 | | shall post or cause to be posted on the Internet website the |
---|
2608 | 2218 | | following information in a format prescribed by the comptroller: |
---|
2609 | 2219 | | (1) the name of each member of the governing body of |
---|
2610 | 2220 | | the taxing unit; |
---|
2611 | 2221 | | (2) the mailing address, e-mail address, and telephone |
---|
2612 | 2222 | | number of the taxing unit; |
---|
2613 | 2223 | | (3) the official contact information for each member |
---|
2614 | 2224 | | of the governing body of the taxing unit, if that information is |
---|
2615 | 2225 | | different from the information described by Subdivision (2); |
---|
2616 | 2226 | | (4) the taxing unit's budget for the preceding two |
---|
2617 | 2227 | | years; |
---|
2618 | 2228 | | (5) the taxing unit's proposed or adopted budget for |
---|
2619 | 2229 | | the current year; |
---|
2620 | 2230 | | (6) the change in the amount of the taxing unit's |
---|
2621 | 2231 | | budget from the preceding year to the current year, by dollar amount |
---|
2622 | 2232 | | and percentage; |
---|
2623 | 2233 | | (7) in the case of a taxing unit other than a school |
---|
2624 | 2234 | | district, the amount of property tax revenue budgeted for |
---|
2625 | 2235 | | maintenance and operations for: |
---|
2626 | 2236 | | (A) the preceding two years; and |
---|
2627 | 2237 | | (B) the current year; |
---|
2628 | 2238 | | (8) in the case of a taxing unit other than a school |
---|
2629 | 2239 | | district, the amount of property tax revenue budgeted for debt |
---|
2630 | 2240 | | service for: |
---|
2631 | 2241 | | (A) the preceding two years; and |
---|
2632 | 2242 | | (B) the current year; |
---|
2633 | 2243 | | (9) the tax rate for maintenance and operations |
---|
2634 | 2244 | | adopted by the taxing unit for the preceding two years; |
---|
2635 | 2245 | | (10) in the case of a taxing unit other than a school |
---|
2636 | 2246 | | district, the tax rate for debt service adopted by the taxing unit |
---|
2637 | 2247 | | for the preceding two years; |
---|
2638 | 2248 | | (11) in the case of a school district, the interest and |
---|
2639 | 2249 | | sinking fund tax rate adopted by the district for the preceding two |
---|
2640 | 2250 | | years; |
---|
2641 | 2251 | | (12) the tax rate for maintenance and operations |
---|
2642 | 2252 | | proposed by the taxing unit for the current year; |
---|
2643 | 2253 | | (13) in the case of a taxing unit other than a school |
---|
2644 | 2254 | | district, the tax rate for debt service proposed by the taxing unit |
---|
2645 | 2255 | | for the current year; |
---|
2646 | 2256 | | (14) in the case of a school district, the interest and |
---|
2647 | 2257 | | sinking fund tax rate proposed by the district for the current year; |
---|
2648 | 2258 | | and |
---|
2649 | 2259 | | (15) the most recent financial audit of the taxing |
---|
2650 | 2260 | | unit. |
---|
2734 | 2325 | | Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to |
---|
2735 | 2326 | | read as follows: |
---|
2736 | 2327 | | (d) This subsection does not apply to a special panel |
---|
2737 | 2328 | | established under Section 6.425. An appraisal review board |
---|
2738 | 2329 | | consisting of more than three members may sit in panels of not fewer |
---|
2739 | 2330 | | than three members to conduct protest hearings. [However, the |
---|
2740 | 2331 | | determination of a protest heard by a panel must be made by the |
---|
2741 | 2332 | | board.] If the recommendation of a panel is not accepted by the |
---|
2742 | 2333 | | board, the board may refer the matter for rehearing to a panel |
---|
2743 | 2334 | | composed of members who did not hear the original protest [hearing] |
---|
2744 | 2335 | | or, if there are not at least three members who did not hear the |
---|
2745 | 2336 | | original protest, the board may determine the protest. [Before |
---|
2746 | 2337 | | determining a protest or conducting a rehearing before a new panel |
---|
2747 | 2338 | | or the board, the board shall deliver notice of the hearing or |
---|
2748 | 2339 | | meeting to determine the protest in accordance with the provisions |
---|
2749 | 2340 | | of this subchapter.] |
---|
2750 | 2341 | | (d-1) An appraisal review board to which Section 6.425 |
---|
2751 | 2342 | | applies shall sit in special panels established under that section |
---|
2752 | 2343 | | to conduct protest hearings. A special panel may conduct a protest |
---|
2753 | 2344 | | hearing relating to property only if the property is described by |
---|
2754 | 2345 | | Section 6.425(b) and the property owner has requested that a |
---|
2755 | 2346 | | special panel conduct the hearing or if the protest is assigned to |
---|
2756 | 2347 | | the special panel under Section 6.425(f). If the recommendation of |
---|
2757 | 2348 | | a special panel is not accepted by the board, the board may refer |
---|
2758 | 2349 | | the matter for rehearing to another special panel composed of |
---|
2759 | 2350 | | members who did not hear the original protest or, if there are not |
---|
2760 | 2351 | | at least three other special panel members who did not hear the |
---|
2761 | 2352 | | original protest, the board may determine the protest. |
---|
2762 | 2353 | | (d-2) The determination of a protest heard by a panel under |
---|
2763 | 2354 | | Subsection (d) or (d-1) must be made by the board. |
---|
2764 | 2355 | | (d-3) The board must deliver notice of a hearing or meeting |
---|
2765 | 2356 | | to determine a protest heard by a panel, or to rehear a protest, |
---|
2766 | 2357 | | under Subsection (d) or (d-1) in accordance with the provisions of |
---|
2767 | 2358 | | this subchapter. |
---|
2793 | 2384 | | follows: |
---|
2794 | 2385 | | Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING; |
---|
2795 | 2386 | | DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before a |
---|
2796 | 2387 | | hearing on a protest, the chief appraiser shall: |
---|
2797 | 2388 | | (1) deliver a copy of the pamphlet prepared by the |
---|
2798 | 2389 | | comptroller under Section 5.06 [5.06(a)] to the property owner |
---|
2799 | 2390 | | initiating the protest [if the owner is representing himself], or |
---|
2800 | 2391 | | to an agent representing the owner if requested by the agent; |
---|
2801 | 2392 | | (2) inform the property owner that the owner or the |
---|
2802 | 2393 | | agent of the owner is entitled on request to [may inspect and may |
---|
2803 | 2394 | | obtain] a copy of the data, schedules, formulas, and all other |
---|
2804 | 2395 | | information the chief appraiser will [plans to] introduce at the |
---|
2805 | 2396 | | hearing to establish any matter at issue; and |
---|
2806 | 2397 | | (3) deliver a copy of the hearing procedures |
---|
2807 | 2398 | | established by the appraisal review board under Section 41.66 to |
---|
2808 | 2399 | | the property owner. |
---|
2809 | 2400 | | (b) The chief appraiser may not charge a property owner or |
---|
2810 | 2401 | | the designated agent of the owner for copies provided to the [an] |
---|
2811 | 2402 | | owner or designated agent under this section, regardless of the |
---|
2812 | 2403 | | manner in which the copies are prepared or delivered [may not exceed |
---|
2813 | 2404 | | the charge for copies of public information as provided under |
---|
2814 | 2405 | | Subchapter F, Chapter 552, Government Code, except: |
---|
2815 | 2406 | | [(1) the total charge for copies provided in |
---|
2816 | 2407 | | connection with a protest of the appraisal of residential property |
---|
2817 | 2408 | | may not exceed $15 for each residence; and |
---|
2818 | 2409 | | [(2) the total charge for copies provided in |
---|
2819 | 2410 | | connection with a protest of the appraisal of a single unit of |
---|
2820 | 2411 | | property subject to appraisal, other than residential property, may |
---|
2821 | 2412 | | not exceed $25]. |
---|
2822 | 2413 | | (c) A chief appraiser shall deliver information requested |
---|
2823 | 2414 | | by a property owner or the agent of the owner under Subsection |
---|
2824 | 2415 | | (a)(2): |
---|
2825 | 2416 | | (1) by regular first-class mail, deposited in the |
---|
2826 | 2417 | | United States mail, postage prepaid, and addressed to the property |
---|
2827 | 2418 | | owner or agent at the address provided in the request for the |
---|
2828 | 2419 | | information; |
---|
2829 | 2420 | | (2) in an electronic format as provided by an |
---|
2830 | 2421 | | agreement under Section 1.085; or |
---|
2831 | 2422 | | (3) subject to Subsection (d), by referring the |
---|
2832 | 2423 | | property owner or the agent of the owner to a secure Internet |
---|
2833 | 2424 | | website with user registration and authentication or to the exact |
---|
2834 | 2425 | | Internet location or uniform resource locator (URL) address on an |
---|
2835 | 2426 | | Internet website maintained by the appraisal district on which the |
---|
2836 | 2427 | | requested information is identifiable and readily available. |
---|
2837 | 2428 | | (d) If a chief appraiser provides a property owner or the |
---|
2838 | 2429 | | designated agent of the owner information under Subsection (c)(3), |
---|
2839 | 2430 | | the notice must contain a statement in a conspicuous font that |
---|
2840 | 2431 | | clearly indicates that the property owner or the agent of the owner |
---|
2841 | 2432 | | may on request receive the information by regular first-class mail |
---|
2842 | 2433 | | or in person at the appraisal office. On request by a property |
---|
2843 | 2434 | | owner or the agent of the owner, the chief appraiser must provide |
---|
2844 | 2435 | | the information by regular first-class mail or in person at the |
---|
2845 | 2436 | | appraisal office. |
---|
2898 | 2476 | | (h) The appraisal review board shall postpone a hearing on a |
---|
2899 | 2477 | | protest if the property owner or the designated agent of the owner |
---|
2900 | 2478 | | requests additional time to prepare for the hearing and establishes |
---|
2901 | 2479 | | to the board that the chief appraiser failed to comply with Section |
---|
2902 | 2480 | | 41.461. The board is not required to postpone a hearing more than |
---|
2903 | 2481 | | one time under this subsection. |
---|
2904 | 2482 | | (i) A hearing on a protest filed by a property owner or the |
---|
2905 | 2483 | | designated agent of the owner [who is not represented by an agent |
---|
2906 | 2484 | | designated under Section 1.111] shall be set for a time and date |
---|
2907 | 2485 | | certain. If the hearing is not commenced within two hours of the |
---|
2908 | 2486 | | time set for the hearing, the appraisal review board shall postpone |
---|
2909 | 2487 | | the hearing on the request of the property owner or the designated |
---|
2910 | 2488 | | agent of the owner. |
---|
2911 | 2489 | | (j) On the request of a property owner or the [a] designated |
---|
2912 | 2490 | | agent of the owner, an appraisal review board shall schedule |
---|
2913 | 2491 | | hearings on protests concerning up to 20 designated properties to |
---|
2914 | 2492 | | be held consecutively on the same day. The designated properties |
---|
2915 | 2493 | | must be identified in the same notice of protest, and the notice |
---|
2916 | 2494 | | must contain in boldfaced type the statement "request for same-day |
---|
2917 | 2495 | | protest hearings." A property owner or the designated agent of the |
---|
2918 | 2496 | | owner may [not] file more than one request under this subsection |
---|
2919 | 2497 | | with the appraisal review board in the same tax year. The appraisal |
---|
2920 | 2498 | | review board may schedule hearings on protests concerning more than |
---|
2921 | 2499 | | 20 properties filed by the same property owner or the designated |
---|
2922 | 2500 | | agent of the owner and may use different panels to conduct the |
---|
2923 | 2501 | | hearings based on the board's customary scheduling. The appraisal |
---|
2924 | 2502 | | review board may follow the practices customarily used by the board |
---|
2925 | 2503 | | in the scheduling of hearings under this subsection. |
---|
2926 | 2504 | | (j-1) An appraisal review board may schedule the hearings on |
---|
2927 | 2505 | | all protests filed by a property owner or the designated agent of |
---|
2928 | 2506 | | the owner to be held consecutively. The notice of the hearings must |
---|
2929 | 2507 | | state the date and time that the first hearing will begin, state the |
---|
2930 | 2508 | | date the last hearing will end, and list the order in which the |
---|
2931 | 2509 | | hearings will be held. The order of the hearings listed in the |
---|
2932 | 2510 | | notice may not be changed without the agreement of the property |
---|
2933 | 2511 | | owner or the designated agent of the owner, the chief appraiser, and |
---|
2934 | 2512 | | the appraisal review board. The board may not reschedule a hearing |
---|
2935 | 2513 | | for which notice is given under this subsection to a date earlier |
---|
2936 | 2514 | | than the seventh day after the date the last hearing was scheduled |
---|
2937 | 2515 | | to end unless agreed to by the property owner or the designated |
---|
2938 | 2516 | | agent of the owner, the chief appraiser, and the appraisal review |
---|
2939 | 2517 | | board. Unless agreed to by the parties, the board must provide |
---|
2940 | 2518 | | written notice of the date and time of the rescheduled hearing to |
---|
2941 | 2519 | | the property owner or the designated agent of the owner not later |
---|
2942 | 2520 | | than the seventh day before the date of the hearing. |
---|
2949 | 2521 | | (k) This subsection does not apply to a special panel |
---|
2950 | 2522 | | established under Section 6.425. If an appraisal review board sits |
---|
2951 | 2523 | | in panels to conduct protest hearings, protests shall be randomly |
---|
2952 | 2524 | | assigned to panels, except that the board may consider the type of |
---|
2953 | 2525 | | property subject to the protest or the ground of the protest for the |
---|
2954 | 2526 | | purpose of using the expertise of a particular panel in hearing |
---|
2955 | 2527 | | protests regarding particular types of property or based on |
---|
2956 | 2528 | | particular grounds. If a protest is scheduled to be heard by a |
---|
2957 | 2529 | | particular panel, the protest may not be reassigned to another |
---|
2958 | 2530 | | panel without the consent of the property owner or the designated |
---|
2959 | 2531 | | agent of the owner. If the appraisal review board has cause to |
---|
2960 | 2532 | | reassign a protest to another panel, a property owner or the |
---|
2961 | 2533 | | designated agent of the owner may agree to reassignment of the |
---|
2962 | 2534 | | protest or may request that the hearing on the protest be postponed. |
---|
2963 | 2535 | | The board shall postpone the hearing on that request. A change of |
---|
2964 | 2536 | | members of a panel because of a conflict of interest, illness, or |
---|
2965 | 2537 | | inability to continue participating in hearings for the remainder |
---|
2966 | 2538 | | of the day does not constitute reassignment of a protest to another |
---|
2967 | 2539 | | panel. |
---|
2968 | 2540 | | (k-1) On the request of a property owner or the designated |
---|
2969 | 2541 | | agent of the owner, an appraisal review board to which Section 6.425 |
---|
2970 | 2542 | | applies shall assign a protest relating to property described by |
---|
2971 | 2543 | | Section 6.425(b) to a special panel. In addition, the chairman of |
---|
2972 | 2544 | | the appraisal review board may assign a protest relating to |
---|
2973 | 2545 | | property not described by Section 6.425(b) to a special panel as |
---|
2974 | 2546 | | authorized by Section 6.425(f), but only if the assignment is |
---|
2975 | 2547 | | requested or consented to by the property owner or the designated |
---|
2976 | 2548 | | agent of the owner. Protests assigned to special panels shall be |
---|
2977 | 2549 | | randomly assigned to those panels. If a protest is scheduled to be |
---|
2978 | 2550 | | heard by a particular special panel, the protest may not be |
---|
2979 | 2551 | | reassigned to another special panel without the consent of the |
---|
2980 | 2552 | | property owner or the designated agent of the owner. If the board |
---|
2981 | 2553 | | has cause to reassign a protest to another special panel, a property |
---|
2982 | 2554 | | owner or the designated agent of the owner may agree to reassignment |
---|
2983 | 2555 | | of the protest or may request that the hearing on the protest be |
---|
2984 | 2556 | | postponed. The board shall postpone the hearing on that request. A |
---|
2985 | 2557 | | change of members of a special panel because of a conflict of |
---|
2986 | 2558 | | interest, illness, or inability to continue participating in |
---|
2987 | 2559 | | hearings for the remainder of the day does not constitute |
---|
2988 | 2560 | | reassignment of a protest to another special panel. |
---|
2989 | 2561 | | (p) At the end of a hearing on a protest, the appraisal |
---|
2990 | 2562 | | review board shall provide the property owner or the designated |
---|
2991 | 2563 | | agent of the owner one or more documents indicating that the members |
---|
2992 | 2564 | | of the board hearing the protest signed the affidavit required by |
---|
2993 | 2565 | | Subsection (g). |
---|
3027 | 2587 | | as follows: |
---|
3028 | 2588 | | (b) To initially qualify to serve as an arbitrator under |
---|
3029 | 2589 | | this chapter, a person must: |
---|
3030 | 2590 | | (1) meet the following requirements, as applicable: |
---|
3031 | 2591 | | (A) be licensed as an attorney in this state; or |
---|
3032 | 2592 | | (B) have: |
---|
3033 | 2593 | | (i) completed at least 30 hours of training |
---|
3034 | 2594 | | in arbitration and alternative dispute resolution procedures from a |
---|
3035 | 2595 | | university, college, or legal or real estate trade association; and |
---|
3036 | 2596 | | (ii) been licensed or certified |
---|
3037 | 2597 | | continuously during the five years preceding the date the person |
---|
3038 | 2598 | | agrees to serve as an arbitrator as: |
---|
3039 | 2599 | | (a) a real estate broker or sales |
---|
3040 | 2600 | | agent under Chapter 1101, Occupations Code; |
---|
3041 | 2601 | | (b) a real estate appraiser under |
---|
3042 | 2602 | | Chapter 1103, Occupations Code; or |
---|
3043 | 2603 | | (c) a certified public accountant |
---|
3044 | 2604 | | under Chapter 901, Occupations Code; [and] |
---|
3045 | 2605 | | (2) complete the courses for training and education of |
---|
3046 | 2606 | | appraisal review board members established under Sections 5.041(a) |
---|
3047 | 2607 | | and (e-1) and be issued a certificate for each course indicating |
---|
3048 | 2608 | | course completion; |
---|
3049 | 2609 | | (3) complete the training program on property tax law |
---|
3050 | 2610 | | for the training and education of arbitrators established under |
---|
3051 | 2611 | | Section 5.043; and |
---|
3052 | 2612 | | (4) agree to conduct an arbitration for a fee that is |
---|
3053 | 2613 | | not more than: |
---|
3054 | 2614 | | (A) $400, if the property qualifies as the |
---|
3055 | 2615 | | owner's residence homestead under Section 11.13 and the appraised |
---|
3056 | 2616 | | or market value, as applicable, of the property is $500,000 or less, |
---|
3057 | 2617 | | as determined by the order; |
---|
3058 | 2618 | | (B) $450, if the property qualifies as the |
---|
3059 | 2619 | | owner's residence homestead under Section 11.13 and the appraised |
---|
3060 | 2620 | | or market value, as applicable, of the property is more than |
---|
3061 | 2621 | | $500,000, as determined by the order; |
---|
3062 | 2622 | | (C) $450, if the property does not qualify as the |
---|
3063 | 2623 | | owner's residence homestead under Section 11.13 and the appraised |
---|
3064 | 2624 | | or market value, as applicable, of the property is $1 million or |
---|
3065 | 2625 | | less, as determined by the order; |
---|
3066 | 2626 | | (D) $750, if the property does not qualify as the |
---|
3067 | 2627 | | owner's residence homestead under Section 11.13 and the appraised |
---|
3068 | 2628 | | or market value, as applicable, of the property is more than $1 |
---|
3069 | 2629 | | million but not more than $2 million, as determined by the order; |
---|
3070 | 2630 | | (E) $1,000, if the property does not qualify as |
---|
3071 | 2631 | | the owner's residence homestead under Section 11.13 and the |
---|
3072 | 2632 | | appraised or market value, as applicable, of the property is more |
---|
3073 | 2633 | | than $2 million but not more than $3 million, as determined by the |
---|
3074 | 2634 | | order; or |
---|
3075 | 2635 | | (F) $1,500, if the property does not qualify as |
---|
3076 | 2636 | | the owner's residence homestead under Section 11.13 and the |
---|
3077 | 2637 | | appraised or market value, as applicable, of the property is more |
---|
3078 | 2638 | | than $3 million but not more than $5 million, as determined by the |
---|
3079 | 2639 | | order. |
---|
3081 | 2641 | | amended to read as follows: |
---|
3082 | 2642 | | (b) To renew the person's agreement to serve as an |
---|
3083 | 2643 | | arbitrator, the person must: |
---|
3084 | 2644 | | (1) file a renewal application with the comptroller at |
---|
3085 | 2645 | | the time and in the manner prescribed by the comptroller; |
---|
3086 | 2646 | | (2) continue to meet the requirements provided by |
---|
3087 | 2647 | | Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; [and] |
---|
3088 | 2648 | | (3) during the preceding two years have completed at |
---|
3089 | 2649 | | least eight hours of continuing education in arbitration and |
---|
3090 | 2650 | | alternative dispute resolution procedures offered by a university, |
---|
3091 | 2651 | | college, real estate trade association, or legal association; and |
---|
3092 | 2652 | | (4) complete a revised training program on property |
---|
3093 | 2653 | | tax law for the training and education of arbitrators established |
---|
3094 | 2654 | | under Section 5.043 not later than the 120th day after the date the |
---|
3095 | 2655 | | program is available to be taken if the comptroller: |
---|
3096 | 2656 | | (A) revises the program after the person is |
---|
3097 | 2657 | | included in the registry; and |
---|
3098 | 2658 | | (B) determines that the program is substantially |
---|
3099 | 2659 | | revised. |
---|
3100 | 2660 | | (c) The comptroller shall remove a person from the registry |
---|
3101 | 2661 | | if: |
---|
3102 | 2662 | | (1) the person fails or declines to renew the person's |
---|
3103 | 2663 | | agreement to serve as an arbitrator in the manner required by this |
---|
3104 | 2664 | | section; [or] |
---|
3105 | 2665 | | (2) the comptroller determines by clear and convincing |
---|
3106 | 2666 | | evidence that there is good cause to remove the person from the |
---|
3107 | 2667 | | registry, including evidence of repeated bias or misconduct by the |
---|
3108 | 2668 | | person while acting as an arbitrator; or |
---|
3109 | 2669 | | (3) the person fails to complete a revised training |
---|
3110 | 2670 | | program on property tax law for the training and education of |
---|
3111 | 2671 | | arbitrators established under Section 5.043 not later than the |
---|
3112 | 2672 | | 120th day after the date the program is available to be taken if the |
---|
3113 | 2673 | | comptroller: |
---|
3114 | 2674 | | (A) revises the program after the person is |
---|
3115 | 2675 | | included in the registry; and |
---|
3116 | 2676 | | (B) determines that the program is substantially |
---|
3117 | 2677 | | revised. |
---|
3130 | 2690 | | (1) represented a person for compensation in a |
---|
3131 | 2691 | | proceeding under this title in the appraisal district in which the |
---|
3132 | 2692 | | property that is the subject of the appeal is located; |
---|
3133 | 2693 | | (2) served as an officer or employee of that appraisal |
---|
3134 | 2694 | | district; or |
---|
3135 | 2695 | | (3) served as a member of the appraisal review board |
---|
3136 | 2696 | | for that appraisal district. |
---|
3137 | 2697 | | (g) The comptroller may not appoint an arbitrator under this |
---|
3138 | 2698 | | section [Subsection (a)] if the comptroller determines that there |
---|
3139 | 2699 | | is good cause not to appoint the arbitrator, including information |
---|
3140 | 2700 | | or evidence indicating repeated bias or misconduct by the person |
---|
3141 | 2701 | | while acting as an arbitrator. |
---|
3142 | 2702 | | (h) A property owner may request that, in appointing an |
---|
3143 | 2703 | | initial arbitrator under this section, the comptroller appoint an |
---|
3144 | 2704 | | arbitrator who resides in the county in which the property that is |
---|
3145 | 2705 | | the subject of the appeal is located or an arbitrator who resides |
---|
3146 | 2706 | | outside that county. In appointing an initial arbitrator under |
---|
3147 | 2707 | | Subsection (a), the comptroller shall comply with the request of |
---|
3148 | 2708 | | the property owner unless the property owner requests that the |
---|
3149 | 2709 | | comptroller appoint an arbitrator who resides in the county in |
---|
3150 | 2710 | | which the property that is the subject of the appeal is located and |
---|
3151 | 2711 | | there is not an available arbitrator who resides in that county. In |
---|
3152 | 2712 | | appointing a substitute arbitrator under Subsection (d), the |
---|
3153 | 2713 | | comptroller shall consider but is not required to comply with the |
---|
3154 | 2714 | | request of the property owner. This subsection does not authorize a |
---|
3155 | 2715 | | property owner to request the appointment of a specific individual |
---|
3156 | 2716 | | as an arbitrator. |
---|
3173 | | - | SECTION 74. Subchapter A, Chapter 42, Tax Code, is amended |
---|
3174 | | - | by adding Section 42.081 to read as follows: |
---|
3175 | | - | Sec. 42.081. DEFERRAL OF DELINQUENT TAX SUIT DURING APPEAL. |
---|
3176 | | - | A taxing unit that imposes taxes on property that is the subject of |
---|
3177 | | - | an appeal under this chapter may not file a suit to collect a |
---|
3178 | | - | delinquent tax on the property during the pendency of the appeal |
---|
3179 | | - | unless it is determined by the court that the property owner failed |
---|
3180 | | - | to comply with Section 42.08. |
---|
3181 | | - | SECTION 75. Section 403.302, Government Code, is amended by |
---|
| 2733 | + | SECTION 60. Section 45.105(e), Education Code, is amended |
---|
| 2734 | + | to read as follows: |
---|
| 2735 | + | (e) The governing body of an independent school district |
---|
| 2736 | + | that governs a junior college district under Subchapter B, Chapter |
---|
| 2737 | + | 130, in a county with a population of more than two million may |
---|
| 2738 | + | dedicate a specific percentage of the local tax levy to the use of |
---|
| 2739 | + | the junior college district for facilities and equipment or for the |
---|
| 2740 | + | maintenance and operating expenses of the junior college district. |
---|
| 2741 | + | To be effective, the dedication must be made by the governing body |
---|
| 2742 | + | on or before the date on which the governing body adopts its tax |
---|
| 2743 | + | rate for a year. The amount of local tax funds derived from the |
---|
| 2744 | + | percentage of the local tax levy dedicated to a junior college |
---|
| 2745 | + | district from a tax levy may not exceed the amount that would be |
---|
| 2746 | + | levied by five percent of the no-new-revenue [effective] tax rate |
---|
| 2747 | + | for the tax year calculated as provided by Section 26.04, Tax Code, |
---|
| 2748 | + | on all property taxable by the school district. All real property |
---|
| 2749 | + | purchased with these funds is the property of the school district, |
---|
| 2750 | + | but is subject to the exclusive control of the governing body of the |
---|
| 2751 | + | junior college district for as long as the junior college district |
---|
| 2752 | + | uses the property for educational purposes. |
---|
| 2753 | + | SECTION 61. Section 403.302, Government Code, is amended by |
---|
3182 | 2754 | | adding Subsections (k) and (k-1) and amending Subsection (o) to |
---|
3183 | 2755 | | read as follows: |
---|
3184 | 2756 | | (k) If the comptroller determines in the final |
---|
3185 | 2757 | | certification of the study that the school district's local value |
---|
3186 | 2758 | | as determined by the appraisal district that appraises property for |
---|
3187 | 2759 | | the school district is not valid, the comptroller shall provide |
---|
3188 | 2760 | | notice of the comptroller's determination to the board of directors |
---|
3189 | 2761 | | of the appraisal district. The board of directors of the appraisal |
---|
3190 | 2762 | | district shall hold a public meeting to discuss the receipt of |
---|
3191 | 2763 | | notice under this subsection. |
---|
3192 | 2764 | | (k-1) If the comptroller determines in the final |
---|
3193 | 2765 | | certification of the study that the school district's local value |
---|
3194 | 2766 | | as determined by the appraisal district that appraises property for |
---|
3195 | 2767 | | the school district is not valid for three consecutive years, the |
---|
3196 | 2768 | | comptroller shall conduct an additional review of the appraisal |
---|
3197 | 2769 | | district under Section 5.102, Tax Code, and provide recommendations |
---|
3198 | 2770 | | to the appraisal district regarding appraisal standards, |
---|
3199 | 2771 | | procedures, and methodologies. The comptroller may contract with a |
---|
3200 | 2772 | | third party to assist the comptroller in conducting the additional |
---|
3201 | 2773 | | review and providing the recommendations required under this |
---|
3202 | 2774 | | subsection. If the appraisal district fails to comply with the |
---|
3203 | 2775 | | recommendations provided under this subsection and the comptroller |
---|
3204 | 2776 | | finds that the board of directors of the appraisal district failed |
---|
3205 | 2777 | | to take remedial action reasonably designed to ensure substantial |
---|
3206 | 2778 | | compliance with each recommendation before the first anniversary of |
---|
3207 | 2779 | | the date the recommendations were made, the comptroller shall |
---|
3208 | 2780 | | notify the Texas Department of Licensing and Regulation, or a |
---|
3209 | 2781 | | successor to the department, which shall take action necessary to |
---|
3210 | 2782 | | ensure that the recommendations are implemented as soon as |
---|
3211 | 2783 | | practicable. Before February 1 of the year following the year in |
---|
3212 | 2784 | | which the Texas Department of Licensing and Regulation, or a |
---|
3213 | 2785 | | successor to the department, takes action under this subsection, |
---|
3214 | 2786 | | the department, with the assistance of the comptroller, shall |
---|
3215 | 2787 | | determine whether the recommendations have been substantially |
---|
3216 | 2788 | | implemented and notify the chief appraiser and the board of |
---|
3217 | 2789 | | directors of the appraisal district of the determination. If the |
---|
3218 | 2790 | | department determines that the recommendations have not been |
---|
3219 | 2791 | | substantially implemented, the board of directors of the appraisal |
---|
3220 | 2792 | | district must, within three months of the determination, consider |
---|
3221 | 2793 | | whether the failure to implement the recommendations was under the |
---|
3222 | 2794 | | current chief appraiser's control and whether the chief appraiser |
---|
3223 | 2795 | | is able to adequately perform the chief appraiser's duties. |
---|
3224 | 2796 | | (o) The comptroller shall adopt rules governing the conduct |
---|
3225 | 2797 | | of the study after consultation with the comptroller's property tax |
---|
3226 | 2798 | | administration advisory board [Comptroller's Property Value Study |
---|
3227 | 2799 | | Advisory Committee]. |
---|
3228 | | - | SECTION 76. Section 281.107(j), Health and Safety Code, is |
---|
3229 | | - | amended to read as follows: |
---|
3230 | | - | (j) The portion of the rate of ad valorem tax that is to be |
---|
3231 | | - | levied and assessed each year by or for the district that is |
---|
3232 | | - | allocated by the district to the payment of the principal of and the |
---|
3233 | | - | interest on bonds and other obligations or the maintenance of |
---|
3234 | | - | reserves therefor in accordance with this section shall be applied |
---|
3235 | | - | as a payment on current debt in calculating the current debt rate |
---|
3236 | | - | under the applicable voter-approval tax rate [rollback] provisions |
---|
3237 | | - | of Chapter 26, Tax Code. |
---|
3238 | | - | SECTION 77. The heading to Section 281.124, Health and |
---|
3239 | | - | Safety Code, is amended to read as follows: |
---|
3240 | | - | Sec. 281.124. ELECTION TO APPROVE TAX RATE IN EXCESS OF |
---|
3241 | | - | VOTER-APPROVAL [ROLLBACK] TAX RATE. |
---|
3242 | | - | SECTION 78. Sections 281.124(b), (c), (d), and (e), Health |
---|
3243 | | - | and Safety Code, are amended to read as follows: |
---|
3244 | | - | (b) The board may hold an election at which the registered |
---|
3245 | | - | voters of the district may approve a tax rate for the current tax |
---|
3246 | | - | year that exceeds the district's voter-approval [rollback] tax rate |
---|
3247 | | - | for the year computed under Chapter 26, Tax Code, by a specific rate |
---|
3248 | | - | stated in dollars and cents per $100 of taxable value. |
---|
3249 | | - | (c) An election under this section must be held at least 180 |
---|
3250 | | - | days before the date on which the district's tax rate is adopted by |
---|
3251 | | - | the board. At the election, the ballot shall be prepared to permit |
---|
3252 | | - | voting for or against the proposition: "Approving the ad valorem |
---|
3253 | | - | tax rate of $ (insert total proposed tax rate) per $100 valuation in |
---|
3254 | | - | (insert district name) for the (insert current tax year) tax year, a |
---|
3255 | | - | rate that exceeds the district's voter-approval [rollback] tax |
---|
3256 | | - | rate. The proposed ad valorem tax rate exceeds the ad valorem tax |
---|
3257 | | - | rate most recently adopted by the district by $ (insert difference |
---|
3258 | | - | between proposed and preceding year's tax rates) per $100 |
---|
3259 | | - | valuation." |
---|
3260 | | - | (d) If a majority of the votes cast in the election favor the |
---|
3261 | | - | proposition, the tax rate for the specified tax year is the rate |
---|
3262 | | - | approved by the voters, and that rate is not subject to [a rollback |
---|
3263 | | - | election under] Section 26.07, Tax Code. The board shall adopt the |
---|
3264 | | - | tax rate as provided by Chapter 26, Tax Code. |
---|
3265 | | - | (e) If the proposition is not approved as provided by |
---|
3266 | | - | Subsection (d) [(c)], the board may not adopt a tax rate for the |
---|
3267 | | - | district for the specified tax year that exceeds the rate that was |
---|
3268 | | - | not approved, and Section 26.07, Tax Code, applies to the adopted |
---|
3269 | | - | rate if that rate exceeds the district's voter-approval [rollback] |
---|
3270 | | - | tax rate. |
---|
3271 | | - | SECTION 79. Section 102.007(d), Local Government Code, is |
---|
| 2800 | + | SECTION 62. Section 102.007(d), Local Government Code, is |
---|
3272 | 2801 | | amended to read as follows: |
---|
3273 | 2802 | | (d) An adopted budget must contain a cover page that |
---|
3274 | 2803 | | includes: |
---|
3275 | 2804 | | (1) one of the following statements in 18-point or |
---|
3276 | 2805 | | larger type that accurately describes the adopted budget: |
---|
3277 | 2806 | | (A) "This budget will raise more revenue from |
---|
3278 | 2807 | | property taxes than last year's budget by an amount of (insert total |
---|
3279 | 2808 | | dollar amount of increase), which is a (insert percentage increase) |
---|
3280 | 2809 | | percent increase from last year's budget. The property tax revenue |
---|
3281 | 2810 | | to be raised from new property added to the tax roll this year is |
---|
3282 | 2811 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3283 | 2812 | | value of new property added to the roll)."; |
---|
3284 | 2813 | | (B) "This budget will raise less revenue from |
---|
3285 | 2814 | | property taxes than last year's budget by an amount of (insert total |
---|
3286 | 2815 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
3287 | 2816 | | percent decrease from last year's budget. The property tax revenue |
---|
3288 | 2817 | | to be raised from new property added to the tax roll this year is |
---|
3289 | 2818 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3290 | 2819 | | value of new property added to the roll)."; or |
---|
3291 | 2820 | | (C) "This budget will raise the same amount of |
---|
3292 | 2821 | | revenue from property taxes as last year's budget. The property tax |
---|
3293 | 2822 | | revenue to be raised from new property added to the tax roll this |
---|
3294 | 2823 | | year is (insert amount computed by multiplying the proposed tax |
---|
3295 | 2824 | | rate by the value of new property added to the roll)."; |
---|
3296 | 2825 | | (2) the record vote of each member of the governing |
---|
3297 | 2826 | | body by name voting on the adoption of the budget; |
---|
3298 | 2827 | | (3) the municipal property tax rates for the preceding |
---|
3299 | 2828 | | fiscal year, and each municipal property tax rate that has been |
---|
3300 | 2829 | | adopted or calculated for the current fiscal year, including: |
---|
3301 | 2830 | | (A) the property tax rate; |
---|
3302 | 2831 | | (B) the no-new-revenue [effective] tax rate; |
---|
3303 | 2832 | | (C) the no-new-revenue [effective] maintenance |
---|
3304 | 2833 | | and operations tax rate; |
---|
3309 | 2838 | | amended to read as follows: |
---|
3310 | 2839 | | (d) An adopted budget must contain a cover page that |
---|
3311 | 2840 | | includes: |
---|
3312 | 2841 | | (1) one of the following statements in 18-point or |
---|
3313 | 2842 | | larger type that accurately describes the adopted budget: |
---|
3314 | 2843 | | (A) "This budget will raise more revenue from |
---|
3315 | 2844 | | property taxes than last year's budget by an amount of (insert total |
---|
3316 | 2845 | | dollar amount of increase), which is a (insert percentage increase) |
---|
3317 | 2846 | | percent increase from last year's budget. The property tax revenue |
---|
3318 | 2847 | | to be raised from new property added to the tax roll this year is |
---|
3319 | 2848 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3320 | 2849 | | value of new property added to the roll)."; |
---|
3321 | 2850 | | (B) "This budget will raise less revenue from |
---|
3322 | 2851 | | property taxes than last year's budget by an amount of (insert total |
---|
3323 | 2852 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
3324 | 2853 | | percent decrease from last year's budget. The property tax revenue |
---|
3325 | 2854 | | to be raised from new property added to the tax roll this year is |
---|
3326 | 2855 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3327 | 2856 | | value of new property added to the roll)."; or |
---|
3328 | 2857 | | (C) "This budget will raise the same amount of |
---|
3329 | 2858 | | revenue from property taxes as last year's budget. The property tax |
---|
3330 | 2859 | | revenue to be raised from new property added to the tax roll this |
---|
3331 | 2860 | | year is (insert amount computed by multiplying the proposed tax |
---|
3332 | 2861 | | rate by the value of new property added to the roll)."; |
---|
3333 | 2862 | | (2) the record vote of each member of the |
---|
3334 | 2863 | | commissioners court by name voting on the adoption of the budget; |
---|
3335 | 2864 | | (3) the county property tax rates for the preceding |
---|
3336 | 2865 | | fiscal year, and each county property tax rate that has been adopted |
---|
3337 | 2866 | | or calculated for the current fiscal year, including: |
---|
3338 | 2867 | | (A) the property tax rate; |
---|
3339 | 2868 | | (B) the no-new-revenue [effective] tax rate; |
---|
3340 | 2869 | | (C) the no-new-revenue [effective] maintenance |
---|
3341 | 2870 | | and operations tax rate; |
---|
3346 | 2875 | | amended to read as follows: |
---|
3347 | 2876 | | (d) An adopted budget must contain a cover page that |
---|
3348 | 2877 | | includes: |
---|
3349 | 2878 | | (1) one of the following statements in 18-point or |
---|
3350 | 2879 | | larger type that accurately describes the adopted budget: |
---|
3351 | 2880 | | (A) "This budget will raise more revenue from |
---|
3352 | 2881 | | property taxes than last year's budget by an amount of (insert total |
---|
3353 | 2882 | | dollar amount of increase), which is a (insert percentage increase) |
---|
3354 | 2883 | | percent increase from last year's budget. The property tax revenue |
---|
3355 | 2884 | | to be raised from new property added to the tax roll this year is |
---|
3356 | 2885 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3357 | 2886 | | value of new property added to the roll)."; |
---|
3358 | 2887 | | (B) "This budget will raise less revenue from |
---|
3359 | 2888 | | property taxes than last year's budget by an amount of (insert total |
---|
3360 | 2889 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
3361 | 2890 | | percent decrease from last year's budget. The property tax revenue |
---|
3362 | 2891 | | to be raised from new property added to the tax roll this year is |
---|
3363 | 2892 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3364 | 2893 | | value of new property added to the roll)."; or |
---|
3365 | 2894 | | (C) "This budget will raise the same amount of |
---|
3366 | 2895 | | revenue from property taxes as last year's budget. The property tax |
---|
3367 | 2896 | | revenue to be raised from new property added to the tax roll this |
---|
3368 | 2897 | | year is (insert amount computed by multiplying the proposed tax |
---|
3369 | 2898 | | rate by the value of new property added to the roll)."; |
---|
3370 | 2899 | | (2) the record vote of each member of the |
---|
3371 | 2900 | | commissioners court by name voting on the adoption of the budget; |
---|
3372 | 2901 | | (3) the county property tax rates for the preceding |
---|
3373 | 2902 | | fiscal year, and each county property tax rate that has been adopted |
---|
3374 | 2903 | | or calculated for the current fiscal year, including: |
---|
3375 | 2904 | | (A) the property tax rate; |
---|
3376 | 2905 | | (B) the no-new-revenue [effective] tax rate; |
---|
3377 | 2906 | | (C) the no-new-revenue [effective] maintenance |
---|
3378 | 2907 | | and operations tax rate; |
---|
3383 | 2912 | | amended to read as follows: |
---|
3384 | 2913 | | (c) An adopted budget must contain a cover page that |
---|
3385 | 2914 | | includes: |
---|
3386 | 2915 | | (1) one of the following statements in 18-point or |
---|
3387 | 2916 | | larger type that accurately describes the adopted budget: |
---|
3388 | 2917 | | (A) "This budget will raise more revenue from |
---|
3389 | 2918 | | property taxes than last year's budget by an amount of (insert total |
---|
3390 | 2919 | | dollar amount of increase), which is a (insert percentage increase) |
---|
3391 | 2920 | | percent increase from last year's budget. The property tax revenue |
---|
3392 | 2921 | | to be raised from new property added to the tax roll this year is |
---|
3393 | 2922 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3394 | 2923 | | value of new property added to the roll)."; |
---|
3395 | 2924 | | (B) "This budget will raise less revenue from |
---|
3396 | 2925 | | property taxes than last year's budget by an amount of (insert total |
---|
3397 | 2926 | | dollar amount of decrease), which is a (insert percentage decrease) |
---|
3398 | 2927 | | percent decrease from last year's budget. The property tax revenue |
---|
3399 | 2928 | | to be raised from new property added to the tax roll this year is |
---|
3400 | 2929 | | (insert amount computed by multiplying the proposed tax rate by the |
---|
3401 | 2930 | | value of new property added to the roll)."; or |
---|
3402 | 2931 | | (C) "This budget will raise the same amount of |
---|
3403 | 2932 | | revenue from property taxes as last year's budget. The property tax |
---|
3404 | 2933 | | revenue to be raised from new property added to the tax roll this |
---|
3405 | 2934 | | year is (insert amount computed by multiplying the proposed tax |
---|
3406 | 2935 | | rate by the value of new property added to the roll)."; |
---|
3407 | 2936 | | (2) the record vote of each member of the |
---|
3408 | 2937 | | commissioners court by name voting on the adoption of the budget; |
---|
3409 | 2938 | | (3) the county property tax rates for the preceding |
---|
3410 | 2939 | | fiscal year, and each county property tax rate that has been adopted |
---|
3411 | 2940 | | or calculated for the current fiscal year, including: |
---|
3412 | 2941 | | (A) the property tax rate; |
---|
3413 | 2942 | | (B) the no-new-revenue [effective] tax rate; |
---|
3414 | 2943 | | (C) the no-new-revenue [effective] maintenance |
---|
3415 | 2944 | | and operations tax rate; |
---|
3476 | 2989 | | (a) Before the board adopts an ad valorem tax rate for the |
---|
3477 | 2990 | | district for debt service, operation and maintenance purposes, or |
---|
3478 | 2991 | | contract purposes, the board shall give notice of each meeting of |
---|
3479 | 2992 | | the board at which the adoption of a tax rate will be considered. |
---|
3480 | 2993 | | The notice must: |
---|
3481 | 2994 | | (1) contain a statement in substantially the following |
---|
3482 | 2995 | | form: |
---|
3483 | 2996 | | "NOTICE OF PUBLIC HEARING ON TAX RATE |
---|
3484 | 2997 | | "The (name of the district) will hold a public hearing on a |
---|
3485 | 2998 | | proposed tax rate for the tax year (year of tax levy) on (date and |
---|
3486 | 2999 | | time) at (meeting place). Your individual taxes may increase at a |
---|
3487 | 3000 | | greater or lesser rate, or even decrease, depending on the tax rate |
---|
3488 | 3001 | | that is adopted and on the change in the taxable value of your |
---|
3489 | 3002 | | property in relation to the change in taxable value of all other |
---|
3490 | 3003 | | property [and the tax rate that is adopted]. The change in the |
---|
3491 | 3004 | | taxable value of your property in relation to the change in the |
---|
3492 | 3005 | | taxable value of all other property determines the distribution of |
---|
3493 | 3006 | | the tax burden among all property owners. |
---|
3494 | 3007 | | "(Names of all board members and, if a vote was taken, an |
---|
3495 | 3008 | | indication of how each voted on the proposed tax rate and an |
---|
3496 | 3009 | | indication of any absences.)"; |
---|
3497 | 3010 | | (2) contain the following information: |
---|
3498 | 3011 | | (A) the district's total adopted tax rate for the |
---|
3499 | 3012 | | preceding year and the proposed tax rate, expressed as an amount per |
---|
3500 | 3013 | | $100; |
---|
3501 | 3014 | | (B) the difference, expressed as an amount per |
---|
3502 | 3015 | | $100 and as a percent increase or decrease, as applicable, in the |
---|
3503 | 3016 | | proposed tax rate compared to the adopted tax rate for the preceding |
---|
3504 | 3017 | | year; |
---|
3505 | 3018 | | (C) the average appraised value of a residence |
---|
3506 | 3019 | | homestead in the district in the preceding year and in the current |
---|
3507 | 3020 | | year; the district's total homestead exemption, other than an |
---|
3508 | 3021 | | exemption available only to disabled persons or persons 65 years of |
---|
3509 | 3022 | | age or older, applicable to that appraised value in each of those |
---|
3510 | 3023 | | years; and the average taxable value of a residence homestead in the |
---|
3511 | 3024 | | district in each of those years, disregarding any homestead |
---|
3512 | 3025 | | exemption available only to disabled persons or persons 65 years of |
---|
3513 | 3026 | | age or older; |
---|
3514 | 3027 | | (D) the amount of tax that would have been |
---|
3515 | 3028 | | imposed by the district in the preceding year on a residence |
---|
3516 | 3029 | | homestead appraised at the average appraised value of a residence |
---|
3517 | 3030 | | homestead in that year, disregarding any homestead exemption |
---|
3518 | 3031 | | available only to disabled persons or persons 65 years of age or |
---|
3519 | 3032 | | older; |
---|
3520 | 3033 | | (E) the amount of tax that would be imposed by the |
---|
3521 | 3034 | | district in the current year on a residence homestead appraised at |
---|
3522 | 3035 | | the average appraised value of a residence homestead in that year, |
---|
3523 | 3036 | | disregarding any homestead exemption available only to disabled |
---|
3524 | 3037 | | persons or persons 65 years of age or older, if the proposed tax |
---|
3525 | 3038 | | rate is adopted; [and] |
---|
3526 | 3039 | | (F) the difference between the amounts of tax |
---|
3527 | 3040 | | calculated under Paragraphs (D) and (E), expressed in dollars and |
---|
3528 | 3041 | | cents and described as the annual percentage increase or decrease, |
---|
3529 | 3042 | | as applicable, in the tax to be imposed by the district on the |
---|
3530 | 3043 | | average residence homestead in the district in the current year if |
---|
3531 | 3044 | | the proposed tax rate is adopted; and |
---|
3532 | 3045 | | (G) if the proposed combined debt service, |
---|
3553 | | - | "If the district adopts a combined debt service, operation |
---|
3554 | | - | and maintenance, and contract tax rate that would result in the |
---|
3555 | | - | taxes on the average residence homestead increasing by more than |
---|
3556 | | - | 3.5 percent, an election must be held to determine whether to |
---|
3557 | | - | approve the operation and maintenance tax rate under Section |
---|
3558 | | - | 49.23602, Water Code."; or |
---|
3559 | | - | (C) if the district is a district described by |
---|
3560 | | - | Section 49.23603: |
---|
3561 | | - | "NOTICE OF TAXPAYERS' RIGHT TO ELECTION TO REDUCE TAX RATE |
---|
3562 | | - | "If the district adopts a combined debt service, operation |
---|
3563 | | - | and maintenance, and contract tax rate that would result in the |
---|
3564 | | - | taxes on the average residence homestead increasing by more than |
---|
3565 | | - | eight percent, the qualified voters of the district by petition may |
---|
3566 | | - | require that an election be held to determine whether to reduce the |
---|
3567 | | - | operation and maintenance tax rate to the voter-approval tax rate |
---|
3568 | | - | under Section 49.23603, Water Code."; and |
---|
3569 | | - | (4) include the following statement: "The 86th Texas |
---|
3570 | | - | Legislature modified the manner in which the voter-approval tax |
---|
3571 | | - | rate is calculated to limit the rate of growth of property taxes in |
---|
3572 | | - | the state.". |
---|
3573 | | - | SECTION 89. Subchapter H, Chapter 49, Water Code, is |
---|
3574 | | - | amended by adding Sections 49.23601, 49.23602, and 49.23603 to read |
---|
3575 | | - | as follows: |
---|
3576 | | - | Sec. 49.23601. AUTOMATIC ELECTION TO APPROVE TAX RATE FOR |
---|
3577 | | - | LOW TAX RATE DISTRICTS. (a) In this section, "voter-approval tax |
---|
3578 | | - | rate" means the rate equal to the sum of the following tax rates for |
---|
3579 | | - | the district: |
---|
| 3062 | + | "If operation and maintenance taxes on the average residence |
---|
| 3063 | + | homestead increase by more than 3.5 percent, an election must be |
---|
| 3064 | + | held to determine whether to approve the operation and maintenance |
---|
| 3065 | + | tax rate under Section 49.236(e), Water Code, unless the de minimis |
---|
| 3066 | + | rate exceeds the rollback tax rate and the proposed tax rate is |
---|
| 3067 | + | lower than the de minimis rate." |
---|
| 3068 | + | (d) This subsection applies only to a district that is a |
---|
| 3069 | + | special taxing unit. If the governing body of the [a] district |
---|
| 3070 | + | adopts a combined debt service, operation and maintenance, and |
---|
| 3071 | + | contract tax rate that exceeds the rollback tax rate, [would impose |
---|
| 3072 | + | more than 1.08 times the amount of tax imposed by the district in |
---|
| 3073 | + | the preceding year on a residence homestead appraised at the |
---|
| 3074 | + | average appraised value of a residence homestead in the district in |
---|
| 3075 | + | that year, disregarding any homestead exemption available only to |
---|
| 3076 | + | disabled persons or persons 65 years of age or older, the qualified |
---|
| 3077 | + | voters of the district by petition may require that] an election |
---|
| 3078 | + | must be held to determine whether [or not] to approve [reduce] the |
---|
| 3079 | + | tax rate adopted for the current year [to the rollback tax rate] in |
---|
| 3080 | + | accordance with the procedures provided by Sections 26.07(b)-(g) |
---|
| 3081 | + | [and 26.081], Tax Code. For purposes of Sections 26.07(b)-(g), Tax |
---|
| 3082 | + | Code, and this subsection, the rollback tax rate is the sum of the |
---|
| 3083 | + | following tax rates: |
---|
3588 | | - | age or older. |
---|
3589 | | - | (b) This section applies only to a district the board of |
---|
3590 | | - | which has adopted an operation and maintenance tax rate for the |
---|
3591 | | - | current tax year that is 2.5 cents or less per $100 of taxable |
---|
3592 | | - | value. |
---|
3593 | | - | (c) If the board of a district adopts a combined debt |
---|
3594 | | - | service, contract, and operation and maintenance tax rate that |
---|
3595 | | - | would impose more than 1.08 times the amount of tax imposed by the |
---|
3596 | | - | district in the preceding year on a residence homestead appraised |
---|
3597 | | - | at the average appraised value of a residence homestead in the |
---|
3598 | | - | district in that year, disregarding any homestead exemption |
---|
3599 | | - | available only to disabled persons or persons 65 years of age or |
---|
3600 | | - | older, an election must be held in accordance with the procedures |
---|
3601 | | - | provided by Sections 26.07(c)-(g), Tax Code, to determine whether |
---|
3602 | | - | to approve the adopted tax rate. If the adopted tax rate is not |
---|
3603 | | - | approved at the election, the district's tax rate is the |
---|
3604 | | - | voter-approval tax rate. |
---|
3605 | | - | Sec. 49.23602. AUTOMATIC ELECTION TO APPROVE TAX RATE FOR |
---|
3606 | | - | CERTAIN DEVELOPED DISTRICTS. (a) In this section: |
---|
3607 | | - | (1) "Developed district" means a district that has |
---|
3608 | | - | financed, completed, and issued bonds to pay for all land, works, |
---|
3609 | | - | improvements, facilities, plants, equipment, and appliances |
---|
3610 | | - | necessary to serve at least 95 percent of the projected build-out of |
---|
3611 | | - | the district in accordance with the purposes for its creation or the |
---|
3612 | | - | purposes authorized by the constitution, this code, or any other |
---|
3613 | | - | law. |
---|
3614 | | - | (2) "Mandatory tax election rate" means the rate equal |
---|
3615 | | - | to the sum of the following tax rates for the district: |
---|
3616 | | - | (A) the rate that would impose 1.035 times the |
---|
3617 | | - | amount of tax imposed by the district in the preceding year on a |
---|
3618 | | - | residence homestead appraised at the average appraised value of a |
---|
3619 | | - | residence homestead in the district in that year, disregarding any |
---|
3620 | | - | homestead exemption available only to disabled persons or persons |
---|
3621 | | - | 65 years of age or older; and |
---|
3622 | | - | (B) the unused increment rate. |
---|
| 3111 | + | age or older; and |
---|
| 3112 | + | (4) the district's unused increment rate. |
---|
| 3113 | + | (f) Notwithstanding any other provision of this section, |
---|
| 3114 | + | the board of a district that is a taxing unit other than a special |
---|
| 3115 | + | taxing unit may give notice under Subsection (a) and calculate the |
---|
| 3116 | + | rollback tax rate of the district in the manner provided for a |
---|
| 3117 | + | district that is a special taxing unit if any part of the district |
---|
| 3118 | + | is located in an area declared a disaster area during the current |
---|
| 3119 | + | tax year by the governor or by the president of the United States. |
---|
| 3120 | + | The board may continue doing so until the earlier of: |
---|
| 3121 | + | (1) the first tax year in which the total taxable value |
---|
| 3122 | + | of property taxable by the district as shown on the appraisal roll |
---|
| 3123 | + | for the district submitted by the assessor for the district to the |
---|
| 3124 | + | board exceeds the total taxable value of property taxable by the |
---|
| 3125 | + | district on January 1 of the tax year in which the disaster |
---|
| 3126 | + | occurred; or |
---|
| 3127 | + | (2) the fifth tax year after the tax year in which the |
---|
| 3128 | + | disaster occurred. |
---|
| 3129 | + | (g) In this section: |
---|
| 3130 | + | (1) "De minimis rate" and "special taxing unit" have |
---|
| 3131 | + | the meanings assigned by Section 26.012, Tax Code. |
---|
| 3132 | + | (2) "Taxing unit" has the meaning assigned by Section |
---|
| 3133 | + | 1.04, Tax Code. |
---|
3625 | | - | (4) "Voter-approval tax rate" means the rate equal to |
---|
3626 | | - | the sum of the following tax rates for the district: |
---|
3627 | | - | (A) the current year's debt service tax rate; |
---|
3628 | | - | (B) the current year's contract tax rate; |
---|
3629 | | - | (C) the operation and maintenance tax rate that |
---|
3630 | | - | would impose 1.035 times the amount of the operation and |
---|
3631 | | - | maintenance tax imposed by the district in the preceding year on a |
---|
3632 | | - | residence homestead appraised at the average appraised value of a |
---|
3633 | | - | residence homestead in the district in that year, disregarding any |
---|
3634 | | - | homestead exemption available only to disabled persons or persons |
---|
3635 | | - | 65 years of age or older; and |
---|
3636 | | - | (D) the unused increment rate. |
---|
3637 | | - | (b) This section applies only to a developed district that |
---|
3638 | | - | is not a district described by Section 49.23601. |
---|
3639 | | - | (c) If the board of a district adopts a combined debt |
---|
3640 | | - | service, contract, and operation and maintenance tax rate that |
---|
3641 | | - | exceeds the district's mandatory tax election rate, an election |
---|
3642 | | - | must be held in accordance with the procedures provided by Sections |
---|
3643 | | - | 26.07(c)-(g), Tax Code, to determine whether to approve the adopted |
---|
3644 | | - | tax rate. If the adopted tax rate is not approved at the election, |
---|
3645 | | - | the district's tax rate is the voter-approval tax rate. |
---|
3646 | | - | (d) Notwithstanding any other provision of this section, |
---|
3647 | | - | the board of a district may give notice under Section |
---|
3648 | | - | 49.236(a)(3)(A), determine whether an election is required to |
---|
3649 | | - | approve the adopted tax rate of the district in the manner provided |
---|
3650 | | - | for a district under Section 49.23601(c), and calculate the |
---|
3651 | | - | voter-approval tax rate of the district in the manner provided for a |
---|
3652 | | - | district under Section 49.23601(a) if any part of the district is |
---|
3653 | | - | located in an area declared a disaster area during the current tax |
---|
3654 | | - | year by the governor or by the president of the United States. The |
---|
3655 | | - | board may continue doing so until the earlier of: |
---|
3656 | | - | (1) the second tax year in which the total taxable |
---|
3657 | | - | value of property taxable by the district as shown on the appraisal |
---|
3658 | | - | roll for the district submitted by the assessor for the district to |
---|
3659 | | - | the board exceeds the total taxable value of property taxable by the |
---|
3660 | | - | district on January 1 of the tax year in which the disaster |
---|
3661 | | - | occurred; or |
---|
3662 | | - | (2) the third tax year after the tax year in which the |
---|
3663 | | - | disaster occurred. |
---|
3664 | | - | Sec. 49.23603. PETITION ELECTION TO REDUCE TAX RATE FOR |
---|
3665 | | - | CERTAIN DISTRICTS. (a) In this section, "voter-approval tax rate" |
---|
3666 | | - | means the rate equal to the sum of the following tax rates for the |
---|
3667 | | - | district: |
---|
3668 | | - | (1) the current year's debt service tax rate; |
---|
3669 | | - | (2) the current year's contract tax rate; and |
---|
3670 | | - | (3) the operation and maintenance tax rate that would |
---|
3671 | | - | impose 1.08 times the amount of the operation and maintenance tax |
---|
3672 | | - | imposed by the district in the preceding year on a residence |
---|
3673 | | - | homestead appraised at the average appraised value of a residence |
---|
3674 | | - | homestead in the district in that year, disregarding any homestead |
---|
3675 | | - | exemption available only to disabled persons or persons 65 years of |
---|
3676 | | - | age or older. |
---|
3677 | | - | (b) This section applies only to a district that is not |
---|
3678 | | - | described by Section 49.23601 or 49.23602. |
---|
3679 | | - | (c) If the board of a district adopts a combined debt |
---|
3680 | | - | service, contract, and operation and maintenance tax rate that |
---|
3681 | | - | would impose more than 1.08 times the amount of tax imposed by the |
---|
3682 | | - | district in the preceding year on a residence homestead appraised |
---|
3683 | | - | at the average appraised value of a residence homestead in the |
---|
3684 | | - | district in that year, disregarding any homestead exemption |
---|
3685 | | - | available only to disabled persons or persons 65 years of age or |
---|
3686 | | - | older, the qualified voters of the district by petition may require |
---|
3687 | | - | that an election be held to determine whether to reduce the tax rate |
---|
3688 | | - | adopted for the current year to the voter-approval tax rate in |
---|
3689 | | - | accordance with the procedures provided by Sections 26.075 and |
---|
3690 | | - | 26.081, Tax Code. |
---|
3691 | | - | SECTION 90. Section 6B(f), Chapter 1472, Acts of the 77th |
---|
3692 | | - | Legislature, Regular Session, 2001, is amended to read as follows: |
---|
3693 | | - | (f) The district may provide that payments required by any |
---|
3694 | | - | of the district's contracts, agreements, or leases may be payable |
---|
3695 | | - | from the sale of notes, taxes, or bonds, or any combination of |
---|
3696 | | - | notes, taxes, or bonds, or may be secured by a lien on or a pledge of |
---|
3697 | | - | any available funds, including proceeds of the district's |
---|
3698 | | - | maintenance tax, and may be payable subject to annual appropriation |
---|
3699 | | - | by the district. The district may pledge to impose and may impose a |
---|
3700 | | - | maintenance tax in an amount sufficient to comply with the |
---|
3701 | | - | district's obligations under the district's contracts, leases, and |
---|
3702 | | - | agreements at a maximum aggregate rate not to exceed 10 cents for |
---|
3703 | | - | each $100 valuation of taxable property in the district. Sections |
---|
3704 | | - | 26.012, 26.04, 26.05, 26.07, and 26.075 [26.012], Tax Code, do not |
---|
3705 | | - | apply to maintenance taxes levied and collected for payments under |
---|
3706 | | - | a contract, agreement, lease, time warrant, or maintenance note |
---|
3707 | | - | issued or executed under this section. |
---|
3708 | | - | SECTION 91. The following provisions are repealed: |
---|
| 3136 | + | SECTION 71. The following provisions are repealed: |
---|
3762 | | - | SECTION 100. Section 6.412, Tax Code, as amended by this |
---|
3763 | | - | Act, does not affect the eligibility of a person serving on an |
---|
3764 | | - | appraisal review board immediately before January 1, 2020, to |
---|
3765 | | - | continue to serve on the board for the term to which the member was |
---|
3766 | | - | appointed. |
---|
3767 | | - | SECTION 101. Section 6.42(d), Tax Code, as added by this |
---|
3768 | | - | Act, applies only to a recommendation, determination, decision, or |
---|
3769 | | - | other action by an appraisal review board or a panel of such a board |
---|
3770 | | - | on or after January 1, 2020. A recommendation, determination, |
---|
3771 | | - | decision, or other action by an appraisal review board or a panel of |
---|
3772 | | - | such a board before January 1, 2020, is governed by the law as it |
---|
3773 | | - | existed immediately before that date, and that law is continued in |
---|
3774 | | - | effect for that purpose. |
---|
3775 | | - | SECTION 102. Section 11.24, Tax Code, as amended by this |
---|
3776 | | - | Act, applies only to an exemption authorized by that section that is |
---|
3777 | | - | repealed or reduced on or after January 1, 2020. |
---|
3778 | | - | SECTION 103. Sections 11.4391(a) and 22.23(d), Tax Code, as |
---|
3779 | | - | amended by this Act, apply only to ad valorem taxes imposed for a |
---|
3780 | | - | tax year beginning on or after January 1, 2020. |
---|
3781 | | - | SECTION 104. Sections 25.192 and 25.193, Tax Code, as added |
---|
3782 | | - | by this Act, apply only to a notice for a tax year beginning on or |
---|
3783 | | - | after January 1, 2020. |
---|
3784 | | - | SECTION 105. (a) An appraisal district established in a |
---|
3785 | | - | county with a population of 200,000 or more and each taxing unit |
---|
3786 | | - | located wholly or primarily in such an appraisal district shall |
---|
3787 | | - | comply with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and |
---|
3788 | | - | 26.18, Tax Code, as added by this Act, beginning with the 2020 tax |
---|
3789 | | - | year. |
---|
| 3183 | + | SECTION 79. Section 6.412, Tax Code, as amended by this Act, |
---|
| 3184 | + | does not affect the eligibility of a person serving on an appraisal |
---|
| 3185 | + | review board immediately before January 1, 2020, to continue to |
---|
| 3186 | + | serve on the board for the term to which the member was appointed. |
---|
| 3187 | + | SECTION 80. Section 6.42(d), Tax Code, as added by this Act, |
---|
| 3188 | + | applies only to a recommendation, determination, decision, or other |
---|
| 3189 | + | action by an appraisal review board or a panel of such a board on or |
---|
| 3190 | + | after January 1, 2020. A recommendation, determination, decision, |
---|
| 3191 | + | or other action by an appraisal review board or a panel of such a |
---|
| 3192 | + | board before January 1, 2020, is governed by the law as it existed |
---|
| 3193 | + | immediately before that date, and that law is continued in effect |
---|
| 3194 | + | for that purpose. |
---|
| 3195 | + | SECTION 81. Section 22.23(d), Tax Code, as amended by this |
---|
| 3196 | + | Act, applies only to ad valorem taxes imposed for a tax year |
---|
| 3197 | + | beginning on or after January 1, 2020. |
---|
| 3198 | + | SECTION 82. (a) An appraisal district established in a |
---|
| 3199 | + | county with a population of 120,000 or more and each taxing unit |
---|
| 3200 | + | located wholly or partly in such an appraisal district shall comply |
---|
| 3201 | + | with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, |
---|
| 3202 | + | Tax Code, as added by this Act, beginning with the 2021 tax year. |
---|
3851 | | - | SECTION 113. Sections 41A.03 and 41A.07, Tax Code, as |
---|
3852 | | - | amended by this Act, apply only to a request for binding arbitration |
---|
3853 | | - | received by the comptroller of public accounts from an appraisal |
---|
3854 | | - | district on or after January 1, 2020. |
---|
3855 | | - | SECTION 114. (a) A person who immediately before January |
---|
3856 | | - | 1, 2020, serves as an arbitrator in binding arbitrations of appeals |
---|
3857 | | - | of appraisal review board orders must meet the requirements of |
---|
3858 | | - | Section 41A.06(b)(3), Tax Code, as added by this Act, not later than |
---|
3859 | | - | the 120th day after the date the comptroller of public accounts |
---|
3860 | | - | begins to provide the training required under Section 5.043, Tax |
---|
3861 | | - | Code, as added by this Act. |
---|
| 3259 | + | SECTION 89. Section 41A.07, Tax Code, as amended by this |
---|
| 3260 | + | Act, applies only to a request for binding arbitration received by |
---|
| 3261 | + | the comptroller of public accounts from an appraisal district on or |
---|
| 3262 | + | after January 1, 2020. |
---|
| 3263 | + | SECTION 90. (a) A person who immediately before January 1, |
---|
| 3264 | + | 2020, serves as an arbitrator in binding arbitrations of appeals of |
---|
| 3265 | + | appraisal review board orders must meet the requirements of Section |
---|
| 3266 | + | 41A.06(b)(3), Tax Code, as added by this Act, not later than the |
---|
| 3267 | + | 120th day after the date the comptroller of public accounts begins |
---|
| 3268 | + | to provide the training required under Section 5.043, Tax Code, as |
---|
| 3269 | + | added by this Act. |
---|
3950 | | - | ______________________________ ______________________________ |
---|
3951 | | - | President of the Senate Speaker of the House |
---|
3952 | | - | I hereby certify that S.B. No. 2 passed the Senate on |
---|
3953 | | - | April 15, 2019, by the following vote: Yeas 18, Nays 12, one |
---|
3954 | | - | present not voting; May 7, 2019, Senate refused to concur in House |
---|
3955 | | - | amendments and requested appointment of Conference Committee; |
---|
3956 | | - | May 10, 2019, House granted request of the Senate; May 25, 2019, |
---|
3957 | | - | Senate adopted Conference Committee Report by the following |
---|
3958 | | - | vote: Yeas 21, Nays 9. |
---|
3959 | | - | ______________________________ |
---|
3960 | | - | Secretary of the Senate |
---|
3961 | | - | I hereby certify that S.B. No. 2 passed the House, with |
---|
3962 | | - | amendments, on May 1, 2019, by the following vote: Yeas 109, |
---|
3963 | | - | Nays 36, two present not voting; May 10, 2019, House granted |
---|
3964 | | - | request of the Senate for appointment of Conference Committee; |
---|
3965 | | - | May 25, 2019, House adopted Conference Committee Report by the |
---|
3966 | | - | following vote: Yeas 88, Nays 50. |
---|
3967 | | - | ______________________________ |
---|
3968 | | - | Chief Clerk of the House |
---|
3969 | | - | Approved: |
---|
3970 | | - | ______________________________ |
---|
3971 | | - | Date |
---|
3972 | | - | ______________________________ |
---|
3973 | | - | Governor |
---|