Texas 2019 - 86th Regular

Texas Senate Bill SB2 Compare Versions

OldNewDifferences
1-S.B. No. 2
1+86R29609 CJC/TJB-F
2+ By: Bettencourt, et al. S.B. No. 2
3+ (Burrows, et al.)
4+ Substitute the following for S.B. No. 2: No.
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
59 relating to ad valorem taxation; authorizing fees.
610 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7- SECTION 1. This Act may be cited as the Texas Property Tax
8- Reform and Transparency Act of 2019.
9- SECTION 2. Chapter 1, Tax Code, is amended by adding Section
10- 1.045 to read as follows:
11- Sec. 1.045. REFERENCE TO CERTAIN TERMS IN LAW. Unless the
12- context indicates otherwise:
13- (1) a reference in law to a taxing unit's effective
14- maintenance and operations rate is a reference to the taxing unit's
15- no-new-revenue maintenance and operations rate, as defined by
16- Chapter 26;
17- (2) a reference in law to a taxing unit's effective tax
18- rate is a reference to the taxing unit's no-new-revenue tax rate, as
19- defined by Chapter 26; and
20- (3) a reference in law to a taxing unit's rollback tax
21- rate is a reference to the taxing unit's voter-approval tax rate, as
22- defined by Chapter 26.
23- SECTION 3. Section 1.07(a), Tax Code, is amended to read as
24- follows:
25- (a) An official or agency required by this title to deliver
26- a notice to a property owner may deliver the notice by regular
27- first-class mail, with postage prepaid, unless this section or
28- another provision of this title requires or authorizes a different
29- method of delivery or the parties agree that the notice must be
30- delivered as provided by Section 1.085 or 1.086.
31- SECTION 4. Section 1.085(a), Tax Code, is amended to read as
11+ SECTION 1. This Act may be cited as the Texas Taxpayer
12+ Transparency Act of 2019.
13+ SECTION 2. Section 1.085(a), Tax Code, is amended to read as
3214 follows:
3315 (a) Notwithstanding any other provision in this title and
3416 except as provided by this section, any notice, rendition,
3517 application form, or completed application, or information
3618 requested under Section 41.461(a)(2), that is required or permitted
3719 by this title to be delivered between a chief appraiser, an
3820 appraisal district, an appraisal review board, or any combination
3921 of those persons and a property owner or [between a chief appraiser,
4022 an appraisal district, an appraisal review board, or any
4123 combination of those persons and] a person designated by a property
4224 owner under Section 1.111(f) may be delivered in an electronic
4325 format if the chief appraiser and the property owner or person
4426 designated by the owner agree under this section.
45- SECTION 5. Chapter 1, Tax Code, is amended by adding Section
46- 1.086 to read as follows:
47- Sec. 1.086. DELIVERY OF CERTAIN NOTICES BY E-MAIL. (a) On
48- the written request of the owner of a residential property that is
49- occupied by the owner as the owner's principal residence, the chief
50- appraiser of the appraisal district in which the property is
51- located shall send each notice required by this title related to the
52- following to the e-mail address of the owner:
53- (1) a change in value of the property;
54- (2) the eligibility of the property for an exemption;
55- or
56- (3) the grant, denial, cancellation, or other change
57- in the status of an exemption or exemption application applicable
58- to the property.
59- (b) A property owner must provide the e-mail address to
60- which the chief appraiser must send the notices described by
61- Subsection (a) in a request made under that subsection.
62- (c) A chief appraiser who delivers a notice electronically
63- under this section is not required to mail the same notice to the
64- property owner.
65- (d) A request made under this section remains in effect
66- until revoked by the property owner in a written revocation filed
67- with the chief appraiser.
68- (e) After a property owner makes a request under this
69- section and before a chief appraiser may deliver a notice
70- electronically under this section, the chief appraiser must send an
71- e-mail to the address provided by the property owner confirming the
72- owner's request to receive notices electronically.
73- (f) The chief appraiser of an appraisal district that
74- maintains an Internet website shall provide a form on the website
75- that a property owner may use to electronically make a request under
76- this section.
77- SECTION 6. Chapter 5, Tax Code, is amended by adding Section
27+ SECTION 3. Chapter 5, Tax Code, is amended by adding Section
7828 5.01 to read as follows:
7929 Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD.
8030 (a) The comptroller shall appoint the property tax administration
8131 advisory board to advise the comptroller with respect to the
8232 division or divisions within the office of the comptroller with
8333 primary responsibility for state administration of property
8434 taxation and state oversight of appraisal districts. The advisory
8535 board may make recommendations to the comptroller regarding
8636 improving the effectiveness and efficiency of the property tax
8737 system, best practices, and complaint resolution procedures.
8838 (b) The advisory board is composed of at least six members
8939 appointed by the comptroller. The members of the board should
9040 include:
9141 (1) representatives of property tax payers, appraisal
9242 districts, assessors, and school districts; and
9343 (2) a person who has knowledge or experience in
9444 conducting ratio studies.
9545 (c) The members of the advisory board serve at the pleasure
9646 of the comptroller.
9747 (d) Any advice to the comptroller relating to a matter
9848 described by Subsection (a) that is provided by a member of the
9949 advisory board must be provided at a meeting called by the
10050 comptroller.
10151 (e) Chapter 2110, Government Code, does not apply to the
10252 advisory board.
103- SECTION 7. Sections 5.041(b), (c), (e-1), and (e-3), Tax
53+ SECTION 4. Sections 5.041(b), (c), (e-1), and (e-3), Tax
10454 Code, are amended to read as follows:
10555 (b) A member of the appraisal review board established for
10656 an appraisal district must complete the course established under
10757 Subsection (a). The course must provide at least eight hours of
10858 classroom training and education. A member of the appraisal review
10959 board may not participate in a hearing conducted by the board unless
11060 the person has completed the course established under Subsection
11161 (a) and received a certificate of course completion.
11262 (c) The comptroller may contract with service providers to
11363 assist with the duties imposed under Subsection (a), but the course
11464 required may not be provided by an appraisal district, the chief
11565 appraiser or another employee of an appraisal district, a member of
11666 the board of directors of an appraisal district, a member of an
11767 appraisal review board, or a taxing unit. The comptroller may
11868 assess a fee to recover a portion of the costs incurred for the
11969 training course, but the fee may not exceed $50 for each [per]
12070 person trained. If the training is provided to an individual other
12171 than a member of an appraisal review board, the comptroller may
12272 assess a fee not to exceed $50 for each person trained.
12373 (e-1) In addition to the course established under
12474 Subsection (a), the comptroller shall approve curricula and provide
12575 materials for use in a continuing education course for members of an
12676 appraisal review board. The course must provide at least four hours
12777 of classroom training and education. The curricula and materials
12878 must include information regarding:
12979 (1) the cost, income, and market data comparison
13080 methods of appraising property;
13181 (2) the appraisal of business personal property;
13282 (3) the determination of capitalization rates for
13383 property appraisal purposes;
13484 (4) the duties of an appraisal review board;
13585 (5) the requirements regarding the independence of an
13686 appraisal review board from the board of directors and the chief
13787 appraiser and other employees of the appraisal district;
13888 (6) the prohibitions against ex parte communications
13989 applicable to appraisal review board members;
14090 (7) the Uniform Standards of Professional Appraisal
14191 Practice;
14292 (8) the duty of the appraisal district to substantiate
14393 the district's determination of the value of property;
14494 (9) the requirements regarding the equal and uniform
14595 appraisal of property;
14696 (10) the right of a property owner to protest the
14797 appraisal of the property as provided by Chapter 41; and
14898 (11) a detailed explanation of each of the actions
14999 described by Sections 25.25, 41.41(a), 41.411, 41.412, 41.413,
150100 41.42, and 41.43 so that members are fully aware of each of the
151101 grounds on which a property appraisal can be appealed.
152102 (e-3) The comptroller may contract with service providers
153103 to assist with the duties imposed under Subsection (e-1), but the
154104 course required by that subsection may not be provided by an
155105 appraisal district, the chief appraiser or another employee of an
156106 appraisal district, a member of the board of directors of an
157107 appraisal district, a member of an appraisal review board, or a
158108 taxing unit. The comptroller may assess a fee to recover a portion
159109 of the costs incurred for the continuing education course, but the
160110 fee may not exceed $50 for each person trained. If the training is
161111 provided to an individual other than a member of an appraisal review
162112 board, the comptroller may assess a fee not to exceed $50 for each
163113 person trained.
164- SECTION 8. Chapter 5, Tax Code, is amended by adding Section
114+ SECTION 5. Chapter 5, Tax Code, is amended by adding Section
165115 5.043 to read as follows:
166116 Sec. 5.043. TRAINING OF ARBITRATORS. (a) This section
167117 applies only to persons who have agreed to serve as arbitrators
168118 under Chapter 41A.
169119 (b) The comptroller shall:
170120 (1) approve curricula and provide an arbitration
171121 manual and other materials for use in training and educating
172122 arbitrators;
173123 (2) make all materials for use in training and
174124 educating arbitrators freely available online; and
175125 (3) establish and supervise a training program on
176126 property tax law for the training and education of arbitrators.
177127 (c) The training program must:
178128 (1) emphasize the requirements regarding the equal and
179129 uniform appraisal of property; and
180130 (2) be at least four hours in length.
181131 (d) The training program may be provided online. The
182132 comptroller by rule may prescribe the manner by which the
183133 comptroller may verify that a person taking the training program
184134 online has taken and completed the program.
185135 (e) The comptroller may contract with service providers to
186136 assist with the duties imposed under Subsection (b), but the
187137 training program may not be provided by an appraisal district, the
188138 chief appraiser or another employee of an appraisal district, a
189139 member of the board of directors of an appraisal district, a member
190140 of an appraisal review board, or a taxing unit. The comptroller may
191141 assess a fee to recover a portion of the costs incurred for the
192142 training program, but the fee may not exceed $50 for each person
193143 trained. If the training is provided to a person other than a
194144 person who has agreed to serve as an arbitrator under Chapter 41A,
195145 the comptroller may assess a fee not to exceed $50 for each person
196146 trained.
197147 (f) The comptroller shall prepare an arbitration manual for
198148 use in the training program. The manual shall be updated regularly
199149 and may be revised on request, in writing, to the comptroller. The
200150 revised language must be approved by the unanimous agreement of a
201151 committee selected by the comptroller and representing, equally,
202152 taxpayers and chief appraisers. The person requesting the revision
203153 must pay the costs of mediation if the comptroller determines that
204154 mediation is required.
205- SECTION 9. Section 5.05, Tax Code, is amended by adding
206- Subsections (c-1) and (c-2) to read as follows:
155+ SECTION 6. Section 5.05, Tax Code, is amended by adding
156+ Subsection (c-1) to read as follows:
207157 (c-1) An appraisal district shall appraise property in
208158 accordance with any appraisal manuals required by law to be
209159 prepared and issued by the comptroller.
210- (c-2) Appraisal manuals required by law to be prepared and
211- issued by the comptroller for the purpose of determining the market
212- value of property shall be prepared based on generally accepted
213- appraisal methods and techniques.
214- SECTION 10. Section 5.07, Tax Code, is amended by adding
160+ SECTION 7. Section 5.07, Tax Code, is amended by adding
215161 Subsections (f), (g), (h), (i), and (j) to read as follows:
216162 (f) The comptroller shall prescribe tax rate calculation
217163 forms to be used by the designated officer or employee of each:
218164 (1) taxing unit other than a school district to
219- calculate and submit the no-new-revenue tax rate and the
220- voter-approval tax rate for the taxing unit as required by Chapter
221- 26; and
165+ calculate and submit the no-new-revenue tax rate and the rollback
166+ tax rate for the taxing unit as required by Chapter 26; and
222167 (2) school district to:
223168 (A) calculate and submit the no-new-revenue tax
224- rate and the voter-approval tax rate for the district as required by
169+ rate and the rollback tax rate for the district as required by
225170 Chapter 26; and
226171 (B) submit the rate to maintain the same amount
227172 of state and local revenue per weighted student that the district
228173 received in the school year beginning in the preceding tax year as
229174 required by Chapter 26.
230175 (g) The forms described by Subsection (f) must be in an
231176 electronic format and:
232177 (1) have blanks that can be filled in electronically;
233178 (2) be capable of being certified by the designated
234179 officer or employee after completion as accurately calculating the
235180 applicable tax rates and using values that are the same as the
236181 values shown in, as applicable:
237182 (A) the taxing unit's certified appraisal roll;
238183 or
239184 (B) the certified estimate of taxable value of
240185 property in the taxing unit prepared under Section 26.01(a-1); and
241186 (3) be capable of being electronically incorporated
242187 into the property tax database maintained by each appraisal
243188 district under Section 26.17 and submitted electronically to the
244189 county assessor-collector of each county in which all or part of the
245190 territory of the taxing unit is located.
246191 (h) For purposes of Subsections (f) and (g), the comptroller
247192 shall use the forms published on the comptroller's Internet website
248193 as of January 1, 2019, modified as necessary to comply with the
249194 requirements of this section. The comptroller shall update the
250195 forms as necessary to reflect formatting or other nonsubstantive
251196 changes.
252197 (i) The comptroller may revise the forms to reflect
253198 substantive changes other than those described by Subsection (h) or
254199 on receipt of a request in writing. A revision under this
255200 subsection must be approved by the agreement of a majority of the
256201 members of a committee selected by the comptroller who are present
257202 at a committee meeting at which a quorum is present. The members of
258203 the committee must represent, equally, taxpayers, taxing units or
259204 persons designated by taxing units, and assessors. In the case of a
260205 revision for which the comptroller receives a request in writing,
261206 the person requesting the revision shall pay the costs of mediation
262207 if the comptroller determines that mediation is required.
263208 (j) A meeting of the committee held under Subsection (i) is
264209 not subject to the requirements of Chapter 551, Government Code.
265- SECTION 11. Section 5.09, Tax Code, is amended by amending
210+ SECTION 8. Section 5.09, Tax Code, is amended by amending
266211 Subsection (a) and adding Subsection (a-1) to read as follows:
267212 (a) The comptroller shall prepare a biennial report of the
268213 total appraised values and taxable values of taxable property by
269214 category and the tax rates of each county, municipality, special
270215 district, and school district in effect for the two years preceding
271216 the year in which the report is prepared.
272217 (a-1) The comptroller shall:
273218 (1) prescribe the format by which an appraisal
274219 district or taxing unit must submit information under this section
275220 to the comptroller;
276221 (2) collect and review in detail the information
277222 submitted that relates to each county, municipality, and school
278223 district; and
279224 (3) collect and review the information submitted that
280225 relates to each special district.
281- SECTION 12. Section 5.091, Tax Code, is amended to read as
226+ SECTION 9. Section 5.091, Tax Code, is amended to read as
282227 follows:
283228 Sec. 5.091. STATEWIDE LIST OF TAX RATES. (a) Each year the
284229 comptroller shall prepare a list that includes the total tax rate
285230 imposed by each taxing unit in this state, as [other than a school
286231 district, if the tax rate is] reported to the comptroller by each
287232 appraisal district, for the year [preceding the year] in which the
288233 list is prepared. The comptroller shall:
289234 (1) prescribe the manner in which and deadline by
290235 which appraisal districts are required to submit the tax rates to
291236 the comptroller; and
292237 (2) list the tax rates alphabetically according to:
293238 (A) the county or counties in which each taxing
294239 unit is located; and
295240 (B) the name of each taxing unit [in descending
296241 order].
297242 (b) Not later than January 1 [December 31] of the following
298243 [each] year, the comptroller shall publish on the comptroller's
299244 Internet website the list required by Subsection (a).
300- SECTION 13. Sections 5.102(a) and (c), Tax Code, are
245+ SECTION 10. Sections 5.102(a) and (c), Tax Code, are
301246 amended to read as follows:
302247 (a) At least once every two years, the comptroller shall
303248 review the governance of each appraisal district, the taxpayer
304249 assistance provided by each appraisal district, and the operating
305250 and appraisal standards, procedures, and methodology used by each
306251 appraisal district, to determine compliance with generally
307252 accepted standards, procedures, and methodology, including
308253 compliance with standards, procedures, and methodology prescribed
309254 by any appraisal manuals required by law to be prepared and issued
310255 by the comptroller. After consultation with the property tax
311256 administration advisory board [committee created under Section
312257 403.302, Government Code], the comptroller by rule may establish
313258 procedures and standards for conducting and scoring the review.
314259 (c) At the conclusion of the review, the comptroller shall,
315260 in writing, notify the appraisal district concerning its
316261 performance in the review. If the review results in a finding that
317262 an appraisal district is not in compliance with generally accepted
318263 standards, procedures, and methodology, including compliance with
319264 standards, procedures, and methodology prescribed by any appraisal
320265 manuals required by law to be prepared and issued by the
321266 comptroller, the comptroller shall deliver a report that details
322267 the comptroller's findings and recommendations for improvement to:
323268 (1) the appraisal district's chief appraiser and board
324269 of directors; and
325270 (2) the superintendent and board of trustees of each
326271 school district participating in the appraisal district.
327- SECTION 14. Chapter 5, Tax Code, is amended by adding
272+ SECTION 11. Chapter 5, Tax Code, is amended by adding
328273 Section 5.104 to read as follows:
329- Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT.
330- (a) The comptroller shall:
274+ Sec. 5.104. APPRAISAL REVIEW BOARD SURVEY; REPORT. (a) The
275+ comptroller shall:
331276 (1) prepare an appraisal review board survey that
332277 allows an individual described by Subsection (b) to submit comments
333278 and suggestions to the comptroller regarding an appraisal review
334279 board;
335280 (2) prepare instructions for completing and
336281 submitting the survey; and
337282 (3) implement and maintain a method that allows an
338283 individual described by Subsection (b) to electronically complete
339284 and submit the survey through a uniform resource locator (URL)
340285 address.
341286 (b) The following individuals who attend a hearing in person
342287 or by telephone conference call on a motion filed under Section
343288 25.25 to correct the appraisal roll or a protest under Chapter 41
344289 may complete and submit a survey under this section:
345290 (1) a property owner whose property is the subject of
346291 the motion or protest;
347292 (2) the designated agent of the owner; or
348293 (3) a designated representative of the appraisal
349294 district in which the motion or protest is filed.
350295 (c) The survey must allow an individual to submit comments
351296 and suggestions regarding:
352297 (1) the matters listed in Section 5.103(b); and
353298 (2) any other matter related to the fairness and
354299 efficiency of the appraisal review board.
355300 (d) An appraisal district must provide to each property
356301 owner or designated agent of the owner who is authorized to submit a
357302 survey under this section a notice that states that the owner or
358303 agent:
359304 (1) is entitled to complete and submit the survey;
360305 (2) may submit the survey to the comptroller:
361306 (A) in person;
362307 (B) by mail;
363308 (C) by electronic mail; or
364309 (D) through the uniform resource locator (URL)
365310 address described by Subsection (a)(3); and
366311 (3) may obtain a paper copy of the survey and
367312 instructions for completing the survey at the appraisal office.
368313 (e) The notice described by Subsection (d) must include the
369314 uniform resource locator (URL) address described by Subsection
370315 (a)(3).
371316 (f) An appraisal district must provide the notice described
372317 by Subsection (d) to a property owner or the designated agent of the
373318 owner:
374319 (1) at or before the first hearing on the motion or
375320 protest described by Subsection (b) by the appraisal review board
376321 established for the appraisal district or by a panel of the board;
377322 and
378323 (2) with each order under Section 25.25 or 41.47
379324 determining a motion or protest, as applicable, delivered by the
380325 board or a panel of the board.
381326 (g) At or before the first hearing on the motion or protest
382327 described by Subsection (b) by the appraisal review board
383328 established for the appraisal district or by a panel of the board,
384329 the board or panel must provide verbal notice to the property owner
385330 or designated agent of the owner of the owner or agent's right to
386331 complete and submit the survey.
387332 (h) Notwithstanding Subsections (d), (f), and (g), if an
388333 appraisal district provides the notice described by Subsection (d),
389334 or an appraisal review board provides the verbal notice required by
390335 Subsection (g), to a property owner or the designated agent of the
391336 owner at or before a hearing on a motion or protest described by
392337 Subsection (b), the appraisal district or board, as applicable, is
393338 not required to provide another notice in the same manner to the
394339 owner or agent at or before another hearing on a motion or protest
395340 held on the same day.
396341 (i) An individual who elects to submit the survey must
397- submit the survey to the comptroller as provided by this section.
398- An individual may submit only one survey for each hearing.
342+ submit the survey to the comptroller as provided by this section. An
343+ individual may submit only one survey for each hearing.
399344 (j) The comptroller shall allow an individual to submit a
400345 survey to the comptroller in the following manner:
401346 (1) in person;
402347 (2) by mail;
403348 (3) by electronic mail; or
404349 (4) through the uniform resource locator (URL) address
405350 described by Subsection (a)(3).
406351 (k) An appraisal district may not require a property owner
407352 or the designated agent of the owner to complete a survey at the
408353 appraisal office.
409354 (l) The comptroller shall issue an annual report that
410355 summarizes the information included in the surveys submitted during
411356 the preceding tax year. The report may not disclose the identity of
412357 an individual who submitted a survey.
413358 (m) The comptroller may adopt rules necessary to implement
414359 this section.
415- SECTION 15. Section 5.13(d), Tax Code, is amended to read as
360+ SECTION 12. Section 5.13(d), Tax Code, is amended to read as
416361 follows:
417362 (d) In conducting a general audit, the comptroller shall
418363 consider and report on:
419364 (1) the extent to which the district complies with
420365 applicable law or generally accepted standards of appraisal or
421366 other relevant practice, including appraisal standards and
422367 practices prescribed by any appraisal manuals required by law to be
423368 prepared and issued by the comptroller;
424369 (2) the uniformity and level of appraisal of major
425370 kinds of property and the cause of any significant deviations from
426371 ideal uniformity and equality of appraisal of major kinds of
427372 property;
428373 (3) duplication of effort and efficiency of operation;
429374 (4) the general efficiency, quality of service, and
430375 qualification of appraisal district personnel; and
431376 (5) except as otherwise provided by Subsection (b) [of
432377 this section], any other matter included in the request for the
433378 audit.
434- SECTION 16. Section 6.035(a-1), Tax Code, is amended to
379+ SECTION 13. Section 6.035(a-1), Tax Code, is amended to
435380 read as follows:
436381 (a-1) An individual is ineligible to serve on an appraisal
437382 district board of directors if the individual has engaged in the
438383 business of appraising property for compensation for use in
439384 proceedings under this title or of representing property owners for
440385 compensation in proceedings under this title in the appraisal
441386 district at any time during the preceding three [five] years.
442- SECTION 17. Subchapter A, Chapter 6, Tax Code, is amended by
443- adding Section 6.054 to read as follows:
444- Sec. 6.054. RESTRICTION ON EMPLOYMENT BY APPRAISAL
445- DISTRICT. An individual may not be employed by an appraisal
446- district if the individual is:
447- (1) an officer of a taxing unit that participates in
448- the appraisal district; or
449- (2) an employee of a taxing unit that participates in
450- the appraisal district.
451- SECTION 18. Section 6.15, Tax Code, is amended by adding
387+ SECTION 14. Section 6.15, Tax Code, is amended by adding
452388 Subsection (c-1) to read as follows:
453389 (c-1) Subsections (a) and (b) do not prohibit a member of
454390 the board of directors of an appraisal district from transmitting
455391 to the chief appraiser without comment a complaint by a property
456392 owner or taxing unit about the appraisal of a specific property,
457393 provided that the transmission is in writing.
458- SECTION 19. Subchapter A, Chapter 6, Tax Code, is amended by
459- adding Section 6.16 to read as follows:
460- Sec. 6.16. RESIDENTIAL PROPERTY OWNER ASSISTANCE. (a) The
461- chief appraiser of an appraisal district may maintain a list of the
462- following individuals who have designated themselves as an
463- individual who will provide free assistance to an owner of
464- residential property that is occupied by the owner as the owner's
465- principal residence:
466- (1) a real estate broker or sales agent licensed under
467- Chapter 1101, Occupations Code;
468- (2) a real estate appraiser licensed or certified
469- under Chapter 1103, Occupations Code; or
470- (3) a property tax consultant registered under Chapter
471- 1152, Occupations Code.
472- (b) On the request of an owner described by Subsection (a),
473- a chief appraiser who maintains a list under this section shall
474- provide to the owner a copy of the list.
475- (c) A list must:
476- (1) be organized by county;
477- (2) be available on the appraisal district's Internet
478- website, if the appraisal district maintains a website; and
479- (3) provide the name, contact information, and job
480- title of each individual who will provide free assistance.
481- (d) A person must designate himself or herself as an
482- individual who will provide free assistance by completing a form
483- prescribed by the chief appraiser and submitting the form to the
484- chief appraiser.
485- SECTION 20. Section 6.41, Tax Code, is amended by amending
394+ SECTION 15. Section 6.41, Tax Code, is amended by amending
486395 Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and
487396 (d-10) to read as follows:
488397 (b) Except as provided by Subsection (b-1) or (b-2), an
489398 appraisal review [The] board consists of three members.
490399 (b-1) An appraisal [However, the] district board of
491400 directors by resolution of a majority of the board's [its] members
492401 may increase the size of the district's appraisal review board to
493402 the number of members the board of directors considers appropriate.
494403 (b-2) An appraisal district board of directors for a
495404 district established in a county with a population of one million or
496405 more by resolution of a majority of the board's members shall
497406 increase the size of the district's appraisal review board to the
498407 number of members the board of directors considers appropriate to
499408 manage the duties of the appraisal review board, including the
500409 duties of each special panel established under Section 6.425.
501410 (d-9) In selecting individuals who are to serve as members
502411 of the appraisal review board for an appraisal district described
503412 by Subsection (b-2), the local administrative district judge shall
504413 select an adequate number of qualified individuals to permit the
505414 chairman of the appraisal review board to fill the positions on each
506415 special panel established under Section 6.425.
507416 (d-10) Upon selection of the individuals who are to serve as
508417 members of the appraisal review board, the local administrative
509418 district judge shall enter an appropriate order designating such
510419 members and setting each member's respective term of office, as
511420 provided elsewhere in this section.
512- SECTION 21. Sections 6.412(a) and (d), Tax Code, are
421+ SECTION 16. Sections 6.412(a) and (d), Tax Code, are
513422 amended to read as follows:
514423 (a) An individual is ineligible to serve on an appraisal
515424 review board if the individual:
516425 (1) is related within the second degree by
517426 consanguinity or affinity, as determined under Chapter 573,
518427 Government Code, to an individual who is engaged in the business of
519428 appraising property for compensation for use in proceedings under
520429 this title or of representing property owners for compensation in
521430 proceedings under this title in the appraisal district for which
522431 the appraisal review board is established;
523432 (2) owns property on which delinquent taxes have been
524433 owed to a taxing unit for more than 60 days after the date the
525434 individual knew or should have known of the delinquency unless:
526435 (A) the delinquent taxes and any penalties and
527436 interest are being paid under an installment payment agreement
528437 under Section 33.02; or
529438 (B) a suit to collect the delinquent taxes is
530439 deferred or abated under Section 33.06 or 33.065; or
531440 (3) is related within the third degree by
532441 consanguinity or within the second degree by affinity, as
533442 determined under Chapter 573, Government Code, to a member of:
534443 (A) the appraisal district's board of directors;
535444 or
536445 (B) the appraisal review board.
537446 (d) A person is ineligible to serve on the appraisal review
538447 board of an appraisal district established for a county described
539448 by Section 6.41(d-1) [having a population of more than 100,000] if
540449 the person:
541450 (1) is a former member of the board of directors,
542451 former officer, or former employee of the appraisal district;
543452 (2) served as a member of the governing body or officer
544453 of a taxing unit for which the appraisal district appraises
545454 property, until the fourth anniversary of the date the person
546455 ceased to be a member or officer; [or]
547456 (3) appeared before the appraisal review board for
548457 compensation during the two-year period preceding the date the
549458 person is appointed; or
550459 (4) served for all or part of three previous terms as a
551460 board member or auxiliary board member on the appraisal review
552461 board.
553- SECTION 22. Section 6.414(d), Tax Code, is amended to read
462+ SECTION 17. Section 6.414(d), Tax Code, is amended to read
554463 as follows:
555464 (d) An auxiliary board member may hear taxpayer protests
556465 before the appraisal review board. An auxiliary board member may
557466 not hear taxpayer protests before a special panel established under
558467 Section 6.425 unless the member is eligible to be appointed to the
559468 special panel. If one or more auxiliary board members sit on a
560469 panel established under Section 6.425 or 41.45 to conduct a protest
561470 hearing, the number of regular appraisal review board members
562471 required by that section to constitute the panel is reduced by the
563472 number of auxiliary board members sitting. An auxiliary board
564473 member sitting on a panel is considered a regular board member for
565474 all purposes related to the conduct of the hearing.
566- SECTION 23. Section 6.42, Tax Code, is amended by amending
475+ SECTION 18. Section 6.42, Tax Code, is amended by amending
567476 Subsection (a) and adding Subsection (d) to read as follows:
568477 (a) A majority of the appraisal review board constitutes a
569478 quorum. The local administrative district judge under Subchapter
570479 D, Chapter 74, Government Code, in the county in which [board of
571480 directors of] the appraisal district is established [by resolution]
572481 shall select a chairman and a secretary from among the members of
573482 the appraisal review board. The judge [board of directors of the
574483 appraisal district] is encouraged to select as chairman [of the
575484 appraisal review board] a member of the appraisal review board, if
576485 any, who has a background in law and property appraisal.
577486 (d) The concurrence of a majority of the members of the
578487 appraisal review board present at a meeting of the board is
579488 sufficient for a recommendation, determination, decision, or other
580489 action by the board. The concurrence of a majority of the members
581490 of a panel of the board present at a meeting of the panel is
582491 sufficient for a recommendation by the panel. The concurrence of
583492 more than a majority of the members of the board or panel may not be
584493 required.
585- SECTION 24. Subchapter C, Chapter 6, Tax Code, is amended by
494+ SECTION 19. Subchapter C, Chapter 6, Tax Code, is amended by
586495 adding Section 6.425 to read as follows:
587496 Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN
588497 CERTAIN DISTRICTS. (a) This section applies only to the appraisal
589498 review board for an appraisal district described by Section
590499 6.41(b-2).
591500 (b) The appraisal review board shall establish special
592501 panels to conduct protest hearings under Chapter 41 relating to
593502 property that:
594- (1) has an appraised value as determined by the
595- appraisal district equal to or greater than the minimum eligibility
596- amount determined as provided by Subsection (g); and
503+ (1) has an appraised value of $50 million or more as
504+ determined by the appraisal district; and
597505 (2) is included in one of the following
598506 classifications:
599507 (A) commercial real and personal property;
600508 (B) real and personal property of utilities;
601509 (C) industrial and manufacturing real and
602510 personal property; and
603511 (D) multifamily residential real property.
604512 (c) Each special panel described by this section consists of
605513 three members of the appraisal review board appointed by the
606514 chairman of the board.
607515 (d) To be eligible to be appointed to a special panel
608516 described by this section, a member of the appraisal review board
609517 must:
610518 (1) hold a juris doctor or equivalent degree;
611519 (2) hold a master of business administration degree;
612520 (3) be licensed as a certified public accountant under
613521 Chapter 901, Occupations Code;
614522 (4) be accredited by the American Society of
615523 Appraisers as an accredited senior appraiser;
616524 (5) possess an MAI professional designation from the
617525 Appraisal Institute;
618526 (6) possess a Certified Assessment Evaluator (CAE)
619527 professional designation from the International Association of
620528 Assessing Officers;
621529 (7) have at least 10 years of experience in property
622530 tax appraisal or consulting; or
623531 (8) be licensed as a real estate broker or sales agent
624532 under Chapter 1101, Occupations Code.
625533 (e) Notwithstanding Subsection (d), the chairman of the
626534 appraisal review board may appoint to a special panel described by
627535 this section a member of the appraisal review board who does not
628536 meet the qualifications prescribed by that subsection if:
629537 (1) the number of persons appointed to the board by the
630538 local administrative district judge who meet those qualifications
631539 is not sufficient to fill the positions on each special panel; and
632540 (2) the board member being appointed to the panel
633541 holds a bachelor's degree in any field.
634542 (f) In addition to conducting protest hearings relating to
635543 property described by Subsection (b) of this section, a special
636544 panel may conduct protest hearings under Chapter 41 relating to
637545 property not described by Subsection (b) of this section as
638546 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
692548 as follows:
693549 (d) Notwithstanding any other provision of this section,
694550 rendition statements and property reports required to be filed by a
695551 property owner [for property] regulated by the Public Utility
696552 Commission of Texas, the Railroad Commission of Texas, the federal
697553 Surface Transportation Board, or the Federal Energy Regulatory
698554 Commission must be delivered to the chief appraiser not later than
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.
706575 (h) Appraisal methods and techniques included in the most
707576 recent versions of the following are considered generally accepted
708577 appraisal methods and techniques for the purposes of this title:
709578 (1) the Appraisal of Real Estate published by the
710579 Appraisal Institute;
711580 (2) the Dictionary of Real Estate Appraisal published
712581 by the Appraisal Institute;
713582 (3) the Uniform Standards of Professional Appraisal
714- Practice published by The Appraisal Foundation; and
715- (4) a publication that includes information related to
716- mass appraisal.
717- SECTION 29. Section 25.19, Tax Code, is amended by amending
583+ Practice published by The Appraisal Foundation;
584+ (4) a publication of the International Association of
585+ Assessing Officers that includes information related to mass
586+ appraisal; and
587+ (5) any other verifiable authority if none of the
588+ publications described by Subdivisions (1)-(4) includes a
589+ generally accepted appraisal methodology or technique applicable
590+ to the appraisal of one or more classes of property.
591+ SECTION 22. Section 25.19, Tax Code, is amended by amending
718592 Subsections (b) and (i) and adding Subsections (b-3) and (b-4) to
719593 read as follows:
720594 (b) The chief appraiser shall separate real from personal
721595 property and include in the notice for each:
722596 (1) a list of the taxing units in which the property is
723597 taxable;
724598 (2) the appraised value of the property in the
725599 preceding year;
726600 (3) the taxable value of the property in the preceding
727601 year for each taxing unit taxing the property;
728602 (4) the appraised value of the property for the
729603 current year, the kind and amount of each exemption and partial
730604 exemption, if any, approved for the property for the current year
731605 and for the preceding year, and, if an exemption or partial
732606 exemption that was approved for the preceding year was canceled or
733607 reduced for the current year, the amount of the exemption or partial
734608 exemption canceled or reduced;
735609 (5) [if the appraised value is greater than it was in
736610 the preceding year, the amount of tax that would be imposed on the
737611 property on the basis of the tax rate for the preceding year;
738- [(6)] in italic typeface, the following statement:
739- "The Texas Legislature does not set the amount of your local taxes.
740- Your property tax burden is decided by your locally elected
741- officials, and all inquiries concerning your taxes should be
742- directed to those officials";
612+ [(6)] in italic typeface, the following
613+ statement: "The Texas Legislature does not set the amount of your
614+ local taxes. Your property tax burden is decided by your locally
615+ elected officials, and all inquiries concerning your taxes should
616+ be directed to those officials";
743617 (6) [(7)] a detailed explanation of the time and
744618 procedure for protesting the value;
745619 (7) [(8)] the date and place the appraisal review
746620 board will begin hearing protests; and
747621 (8) [(9)] a brief explanation that the governing body
748622 of each taxing unit decides whether or not taxes on the property
749623 will increase and the appraisal district only determines the value
750624 of the property.
751625 (b-3) This subsection applies only to an appraisal district
752626 described by Section 6.41(b-2). In addition to the information
753627 required by Subsection (b), the chief appraiser shall state in a
754628 notice of appraised value of property described by Section 6.425(b)
755629 that the property owner has the right to have a protest relating to
756630 the property heard by a special panel of the appraisal review board.
757631 (b-4) Subsection (b)(5) applies only to a notice of
758632 appraised value required to be delivered by the chief appraiser of
759633 an appraisal district established in a county with a population of
760634 less than 120,000. This subsection expires January 1, 2022.
761635 (i) Delivery with a notice required by Subsection (a) or (g)
762636 of a copy of the pamphlet published by the comptroller under Section
763637 5.06 or a copy of the notice published by the chief appraiser under
764638 Section 41.70 is sufficient to comply with the requirement that the
765639 notice include the information specified by Subsection (b)(6)
766640 [(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
823642 Subsection (a-1) to read as follows:
824643 (a-1) If by July 20 the appraisal review board for an
825644 appraisal district has not approved the appraisal records for the
826645 district as required under Section 41.12, the chief appraiser shall
827646 not later than July 25 prepare and certify to the assessor for each
828647 taxing unit participating in the district an estimate of the
829648 taxable value of property in that taxing unit.
830- SECTION 32. Section 26.012, Tax Code, is amended by adding
831- Subdivisions (8-a) and (19) and amending Subdivisions (10) and (13)
832- to read as follows:
833- (8-a) "De minimis rate" means the rate equal to the sum
649+ SECTION 24. Section 26.012, Tax Code, is amended by adding
650+ Subdivisions (8-a), (8-b), (10-a), and (19) and amending
651+ Subdivision (10) to read as follows:
652+ (8-a) "De minimis amount" means the amount for the
653+ current tax year published by the comptroller under Section
654+ 26.04(b-1).
655+ (8-b) "De minimis rate" means the rate equal to the sum
834656 of:
835657 (A) a taxing unit's no-new-revenue maintenance
836658 and operations rate;
837659 (B) the rate that, when applied to a taxing
838660 unit's current total value, will impose an amount of taxes equal to
839- $500,000; and
661+ the de minimis amount; and
840662 (C) a taxing unit's current debt rate.
841663 (10) "Excess collections" means the amount, if any, by
842664 which debt taxes collected in the preceding year exceeded the
843665 amount anticipated in the preceding year's calculation of the
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.
867673 (19) "Special taxing unit" means:
868674 (A) a taxing unit, other than a school district,
869675 for which the maintenance and operations tax rate proposed for the
870676 current tax year is 2.5 cents or less per $100 of taxable value;
871677 (B) a junior college district; or
872678 (C) a hospital district.
873- SECTION 33. Section 26.012(9), Tax Code, is redesignated as
679+ SECTION 25. Section 26.012(9), Tax Code, is redesignated as
874680 Section 26.012(18), Tax Code, and amended to read as follows:
875681 (18) "No-new-revenue [(9) "Effective] maintenance
876682 and operations rate" means a rate expressed in dollars per $100 of
877683 taxable value and calculated according to the following formula:
878684 NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND OPERATIONS
879685 RATE = (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST
880686 YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE -
881687 NEW PROPERTY VALUE)
882- SECTION 34. Chapter 26, Tax Code, is amended by adding
688+ SECTION 26. Chapter 26, Tax Code, is amended by adding
883689 Section 26.013 to read as follows:
884690 Sec. 26.013. UNUSED INCREMENT RATE. (a) In this section:
885691 (1) "Actual tax rate" means a taxing unit's actual tax
886692 rate used to levy taxes in the applicable preceding tax year.
887- (2) "Voter-approval tax rate" means a taxing unit's
888- voter-approval tax rate in the applicable preceding tax year less
889- the unused increment rate for that preceding tax year.
890- (3) "Year 1" means the third tax year preceding the
693+ (2) "Rollback tax rate" means a taxing unit's rollback
694+ tax rate in the applicable preceding tax year less the unused
695+ increment rate for that preceding tax year.
696+ (3) "Year 1" means the fifth tax year preceding the
891697 current tax year.
892- (4) "Year 2" means the second tax year preceding the
698+ (4) "Year 2" means the fourth tax year preceding the
893699 current tax year.
894- (5) "Year 3" means the tax year preceding the current
700+ (5) "Year 3" means the third tax year preceding the
701+ current tax year.
702+ (6) "Year 4" means the second tax year preceding the
703+ current tax year.
704+ (7) "Year 5" means the tax year preceding the current
895705 tax year.
896706 (b) In this chapter, "unused increment rate" means the
897707 greater of:
898708 (1) zero; or
899709 (2) the rate expressed in dollars per $100 of taxable
900710 value calculated according to the following formula:
901- UNUSED INCREMENT RATE = (YEAR 1 VOTER-APPROVAL TAX
902- RATE - YEAR 1 ACTUAL TAX RATE) + (YEAR 2 VOTER-APPROVAL
903- TAX RATE - YEAR 2 ACTUAL TAX RATE) + (YEAR 3
904- VOTER-APPROVAL TAX RATE - YEAR 3 ACTUAL TAX RATE)
711+ UNUSED INCREMENT RATE = (YEAR 1 ROLLBACK TAX RATE -
712+ YEAR 1 ACTUAL TAX RATE) + (YEAR 2 ROLLBACK TAX RATE -
713+ YEAR 2 ACTUAL TAX RATE) + (YEAR 3 ROLLBACK TAX RATE -
714+ YEAR 3 ACTUAL TAX RATE) + (YEAR 4 ROLLBACK TAX RATE -
715+ YEAR 4 ACTUAL TAX RATE) + (YEAR 5 ROLLBACK TAX RATE -
716+ YEAR 5 ACTUAL TAX RATE)
905717 (c) Notwithstanding Subsection (b)(2), for each tax year
906718 before the 2020 tax year, the difference between the taxing unit's
907- voter-approval tax rate and actual tax rate is considered to be
908- zero. This subsection expires December 31, 2022.
909- SECTION 35. The heading to Section 26.04, Tax Code, is
719+ rollback tax rate and actual tax rate is considered to be zero. This
720+ subsection expires December 31, 2024.
721+ SECTION 27. The heading to Section 26.04, Tax Code, is
910722 amended to read as follows:
911723 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
912- NO-NEW-REVENUE [EFFECTIVE] AND VOTER-APPROVAL [ROLLBACK] TAX
913- RATES.
914- SECTION 36. Section 26.04, Tax Code, is amended by amending
724+ NO-NEW-REVENUE [EFFECTIVE] AND ROLLBACK TAX RATES.
725+ SECTION 28. Section 26.04, Tax Code, is amended by amending
915726 Subsections (b), (c), (d), (e), (e-1), (f), (g), (i), and (j) and
916- adding Subsections (c-1), (c-2), (d-1), (d-2), (d-3), (e-2), (e-3),
917- (e-4), (e-5), (h-1), and (h-2) to read as follows:
727+ adding Subsections (b-1), (c-1), (c-2), (d-1), (d-2), (d-3), (e-2),
728+ (e-3), (e-4), (e-5), (h-1), and (h-2) to read as follows:
918729 (b) The assessor shall submit the appraisal roll for the
919730 taxing unit showing the total appraised, assessed, and taxable
920731 values of all property and the total taxable value of new property
921732 to the governing body of the taxing unit by August 1 or as soon
922733 thereafter as practicable. By August 1 or as soon thereafter as
923734 practicable, the taxing unit's collector shall certify [an estimate
924735 of] the anticipated collection rate as calculated under Subsections
925736 (h), (h-1), and (h-2) for the current year to the governing body.
926737 If the collector certified an anticipated collection rate in the
927738 preceding year and the actual collection rate in that year exceeded
928739 the anticipated rate, the collector shall also certify the amount
929740 of debt taxes collected in excess of the anticipated amount in the
930741 preceding year.
742+ (b-1) By August 1 or as soon thereafter as practicable, the
743+ comptroller shall determine the de minimis amount for the current
744+ tax year and publish that amount in the Texas Register. The de
745+ minimis amount for the 2020 tax year is $500,000. For each
746+ succeeding tax year, the de minimis amount is equal to the de
747+ minimis amount for the preceding tax year as adjusted by the
748+ comptroller to reflect the inflation rate.
931749 (c) After the assessor for the taxing unit submits the
932750 appraisal roll for the taxing unit to the governing body of the
933- taxing unit as required by Subsection (b), an [An] officer or
934- employee designated by the governing body shall calculate the
935- no-new-revenue [effective] tax rate and the voter-approval
936- [rollback] tax rate for the taxing unit, where:
751+ taxing unit as required by Subsection (b) and the comptroller
752+ publishes the de minimis amount for the current tax year as required
753+ by Subsection (b-1), an [An] officer or employee designated by the
754+ governing body shall calculate the no-new-revenue [effective] tax
755+ rate and the rollback tax rate for the taxing unit, where:
937756 (1) "No-new-revenue [Effective] tax rate" means a rate
938757 expressed in dollars per $100 of taxable value calculated according
939758 to the following formula:
940759 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = (LAST YEAR'S
941760 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE -
942761 NEW PROPERTY VALUE)
943762 ; and
944- (2) "Voter-approval [Rollback] tax rate" means a rate
945- expressed in dollars per $100 of taxable value calculated according
946- to the following applicable formula:
763+ (2) "Rollback tax rate" means a rate expressed in
764+ dollars per $100 of taxable value calculated according to the
765+ following applicable formula:
947766 (A) for a special taxing unit:
948- VOTER-APPROVAL [ROLLBACK] TAX RATE = (NO-NEW-REVENUE
949- [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE x 1.08) +
950- CURRENT DEBT RATE
767+ ROLLBACK TAX RATE = (NO-NEW-REVENUE [EFFECTIVE]
768+ MAINTENANCE AND OPERATIONS RATE x 1.08) + CURRENT DEBT
769+ RATE
951770 ; or
952771 (B) for a taxing unit other than a special taxing
953772 unit:
954- VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE
955- AND OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE +
956- UNUSED INCREMENT RATE)
773+ ROLLBACK TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
774+ OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED
775+ INCREMENT RATE)
957776 (c-1) Notwithstanding any other provision of this section,
958777 the governing body of a taxing unit other than a special taxing unit
959778 may direct the designated officer or employee to calculate the
960- voter-approval tax rate of the taxing unit in the manner provided
961- for a special taxing unit if any part of the taxing unit is located
962- in an area declared a disaster area during the current tax year by
963- the governor or by the president of the United States. The
964- designated officer or employee shall continue calculating the
965- voter-approval tax rate in the manner provided by this subsection
966- until the earlier of:
967- (1) the second tax year in which the total taxable
968- value of property taxable by the taxing unit as shown on the
969- appraisal roll for the taxing unit submitted by the assessor for the
970- taxing unit to the governing body exceeds the total taxable value of
779+ rollback tax rate of the taxing unit in the manner provided for a
780+ special taxing unit if any part of the taxing unit is located in an
781+ area declared a disaster area during the current tax year by the
782+ governor or by the president of the United States. The designated
783+ officer or employee shall continue calculating the rollback tax
784+ rate in the manner provided by this subsection until the earlier of:
785+ (1) the first tax year in which the total taxable value
786+ of property taxable by the taxing unit as shown on the appraisal
787+ roll for the taxing unit submitted by the assessor for the taxing
788+ unit to the governing body exceeds the total taxable value of
971789 property taxable by the taxing unit on January 1 of the tax year in
972790 which the disaster occurred; or
973- (2) the third tax year after the tax year in which the
791+ (2) the fifth tax year after the tax year in which the
974792 disaster occurred.
975793 (c-2) Notwithstanding any other provision of this section,
976794 if the assessor for a taxing unit receives a certified estimate of
977795 the taxable value of property in the taxing unit under Section
978796 26.01(a-1), the officer or employee designated by the governing
979797 body of the taxing unit shall calculate the no-new-revenue tax rate
980- and voter-approval tax rate using the certified estimate of taxable
798+ and rollback tax rate using the certified estimate of taxable
981799 value.
982800 (d) The no-new-revenue [effective] tax rate for a county is
983801 the sum of the no-new-revenue [effective] tax rates calculated for
984- each type of tax the county levies and the voter-approval
985- [rollback] tax rate for a county is the sum of the voter-approval
986- [rollback] tax rates calculated for each type of tax the county
987- levies.
802+ each type of tax the county levies and the rollback tax rate for a
803+ county is the sum of the rollback tax rates calculated for each type
804+ of tax the county levies.
988805 (d-1) The designated officer or employee shall use the tax
989806 rate calculation forms prescribed by the comptroller under Section
990- 5.07 in calculating the no-new-revenue tax rate and the
991- voter-approval tax rate.
807+ 5.07 in calculating the no-new-revenue tax rate and the rollback
808+ tax rate.
992809 (d-2) The designated officer or employee may not submit the
993- no-new-revenue tax rate and the voter-approval tax rate to the
994- governing body of the taxing unit and the taxing unit may not adopt
995- a tax rate until the designated officer or employee certifies on the
996- tax rate calculation forms that the designated officer or employee
997- has accurately calculated the tax rates and has used values that are
998- the same as the values shown in the taxing unit's certified
999- appraisal roll in performing the calculations.
810+ no-new-revenue tax rate and the rollback tax rate to the governing
811+ body of the taxing unit and the taxing unit may not adopt a tax rate
812+ until the designated officer or employee certifies on the tax rate
813+ calculation forms that the designated officer or employee has
814+ accurately calculated the tax rates and has used values that are the
815+ same as the values shown in the taxing unit's certified appraisal
816+ roll in performing the calculations.
1000817 (d-3) As soon as practicable after the designated officer or
1001- employee calculates the no-new-revenue tax rate and the
1002- voter-approval tax rate of the taxing unit, the designated officer
1003- or employee shall submit the tax rate calculation forms used in
1004- calculating the rates to the county assessor-collector for each
1005- county in which all or part of the territory of the taxing unit is
1006- located.
818+ employee calculates the no-new-revenue tax rate and the rollback
819+ tax rate of the taxing unit, the designated officer or employee
820+ shall submit the tax rate calculation forms used in calculating the
821+ rates to the county assessor-collector for each county in which all
822+ or part of the territory of the taxing unit is located.
1007823 (e) By August 7 or as soon thereafter as practicable, the
1008- designated officer or employee shall submit the rates to the
1009- governing body. The designated officer or employee [He] shall post
1010- prominently on the home page of the taxing unit's Internet website
1011- [deliver by mail to each property owner in the unit or publish in a
1012- newspaper] in the form prescribed by the comptroller:
1013- (1) the no-new-revenue [effective] tax rate, the
1014- voter-approval [rollback] tax rate, and an explanation of how they
1015- were calculated;
1016- (2) the estimated amount of interest and sinking fund
824+ designated officer or employee shall:
825+ (1) submit the rates to the governing body;
826+ (2) [. He shall deliver by mail to each property owner
827+ in the unit or] publish the rates in a newspaper having general
828+ circulation in the county in which the taxing unit is located or
829+ primarily located;
830+ (3) post the rates in a prominent location on the
831+ taxing unit's Internet website; and
832+ (4) prepare and submit to the governing body [in the
833+ form prescribed by the comptroller:
834+ [(1) the effective tax rate, the rollback tax rate,
835+ and an explanation of how they were calculated;
836+ [(2) the estimated amount of interest and sinking fund
1017837 balances and the estimated amount of maintenance and operation or
1018838 general fund balances remaining at the end of the current fiscal
1019839 year that are not encumbered with or by corresponding existing debt
1020- obligation; and
1021- (3) a schedule of the taxing unit's debt obligations
840+ obligation;
841+ [(3)] a schedule of the taxing unit's debt obligations
1022842 showing:
1023843 (A) the amount of principal and interest that
1024844 will be paid to service the taxing unit's debts in the next year
1025845 from property tax revenue, including payments of lawfully incurred
1026846 contractual obligations providing security for the payment of the
1027847 principal of and interest on bonds and other evidences of
1028848 indebtedness issued on behalf of the taxing unit by another
1029849 political subdivision and, if the taxing unit is created under
1030850 Section 52, Article III, or Section 59, Article XVI, Texas
1031851 Constitution, payments on debts that the taxing unit anticipates to
1032852 incur in the next calendar year;
1033853 (B) the amount by which taxes imposed for debt
1034854 are to be increased because of the taxing unit's anticipated
1035855 collection rate; and
1036856 (C) the total of the amounts listed in Paragraphs
1037857 (A)-(B), less any amount collected in excess of the previous year's
1038858 anticipated collections certified as provided in Subsection (b)[;
1039859 [(4) the amount of additional sales and use tax
1040860 revenue anticipated in calculations under Section 26.041;
1041861 [(5) a statement that the adoption of a tax rate equal
1042862 to the effective tax rate would result in an increase or decrease,
1043863 as applicable, in the amount of taxes imposed by the unit as
1044864 compared to last year's levy, and the amount of the increase or
1045865 decrease;
1046866 [(6) in the year that a taxing unit calculates an
1047867 adjustment under Subsection (i) or (j), a schedule that includes
1048868 the following elements:
1049869 [(A) the name of the unit discontinuing the
1050870 department, function, or activity;
1051871 [(B) the amount of property tax revenue spent by
1052872 the unit listed under Paragraph (A) to operate the discontinued
1053873 department, function, or activity in the 12 months preceding the
1054874 month in which the calculations required by this chapter are made;
1055875 and
1056876 [(C) the name of the unit that operates a
1057877 distinct department, function, or activity in all or a majority of
1058878 the territory of a taxing unit that has discontinued operating the
1059879 distinct department, function, or activity; and
1060880 [(7) in the year following the year in which a taxing
1061881 unit raised its rollback rate as required by Subsection (j), a
1062882 schedule that includes the following elements:
1063883 [(A) the amount of property tax revenue spent by
1064884 the unit to operate the department, function, or activity for which
1065885 the taxing unit raised the rollback rate as required by Subsection
1066886 (j) for the 12 months preceding the month in which the calculations
1067887 required by this chapter are made; and
1068888 [(B) the amount published by the unit in the
1069889 preceding tax year under Subdivision (6)(B)].
1070890 (e-1) The tax rate certification requirements imposed by
1071891 Subsection (d-2) and the notice requirements imposed by Subsections
1072- (e)(1)-(3) [(e)(1)-(6)] do not apply to a school district.
892+ (e)(2)-(4) [(e)(1)-(6)] do not apply to a school district.
1073893 (e-2) By August 7 or as soon thereafter as practicable, the
1074894 chief appraiser of each appraisal district shall deliver by regular
1075895 mail or e-mail to each owner of property located in the appraisal
1076896 district a notice that the estimated amount of taxes to be imposed
1077897 on the owner's property by each taxing unit in which the property is
1078898 located may be found in the property tax database maintained by the
1079899 appraisal district under Section 26.17. The notice must include:
1080900 (1) a statement directing the property owner to an
1081901 Internet website from which the owner may access information
1082902 related to the actions taken or proposed to be taken by each taxing
1083903 unit in which the property is located that may affect the taxes
1084904 imposed on the owner's property;
1085905 (2) a statement that the property owner may request
1086906 from the county assessor-collector for the county in which the
1087907 property is located or, if the county assessor-collector does not
1088908 assess taxes for the county, the person who assesses taxes for the
1089909 county under Section 6.24(b), contact information for the assessor
1090910 for each taxing unit in which the property is located, who must
1091911 provide the information described by this subsection to the owner
1092912 on request; and
1093913 (3) the name, address, and telephone number of the
1094914 county assessor-collector for the county in which the property is
1095915 located or, if the county assessor-collector does not assess taxes
1096916 for the county, the person who assesses taxes for the county under
1097917 Section 6.24(b).
1098918 (e-3) The statement described by Subsection (e-2)(1) must
1099919 include a heading that is in bold, capital letters in type larger
1100920 than that used in the other provisions of the notice.
1101921 (e-4) The comptroller:
1102922 (1) with the advice of the property tax administration
1103923 advisory board, shall adopt rules prescribing the form of the
1104924 notice required by Subsection (e-2); and
1105925 (2) may adopt rules regarding the format and delivery
1106926 of the notice.
1107927 (e-5) The governing body of a taxing unit shall include as
1108928 an appendix to the taxing unit's budget for a fiscal year the tax
1109929 rate calculation forms used by the designated officer or employee
1110930 of the taxing unit to calculate the no-new-revenue tax rate and the
1111- voter-approval tax rate of the taxing unit for the tax year in which
1112- the fiscal year begins.
931+ rollback tax rate of the taxing unit for the tax year in which the
932+ fiscal year begins.
1113933 (f) If as a result of consolidation of taxing units a taxing
1114934 unit includes territory that was in two or more taxing units in the
1115935 preceding year, the amount of taxes imposed in each in the preceding
1116936 year is combined for purposes of calculating the no-new-revenue
1117- [effective] and voter-approval [rollback] tax rates under this
1118- section.
937+ [effective] and rollback tax rates under this section.
1119938 (g) A person who owns taxable property is entitled to an
1120939 injunction prohibiting the taxing unit in which the property is
1121940 taxable from adopting a tax rate if the assessor or designated
1122941 officer or employee of the taxing unit, the chief appraiser of the
1123942 applicable appraisal district, or the taxing unit, as applicable,
1124943 has not complied with the computation, [or] publication, or posting
1125944 requirements of this section or Section 26.16, 26.17, or 26.18 [and
1126945 the failure to comply was not in good faith]. It is a defense in an
1127946 action for an injunction under this subsection that the failure to
1128947 comply was in good faith.
1129948 (h-1) Notwithstanding Subsection (h), if the anticipated
1130949 collection rate of a taxing unit as calculated under that
1131950 subsection is lower than the lowest actual collection rate of the
1132951 taxing unit for any of the preceding three years, the anticipated
1133952 collection rate of the taxing unit for purposes of this section is
1134953 equal to the lowest actual collection rate of the taxing unit for
1135954 any of the preceding three years.
1136955 (h-2) The anticipated collection rate of a taxing unit for
1137956 purposes of this section is the rate calculated under Subsection
1138957 (h) as modified by Subsection (h-1), if applicable, regardless of
1139958 whether that rate exceeds 100 percent.
1140959 (i) This subsection applies to a taxing unit that has agreed
1141960 by written contract to transfer a distinct department, function, or
1142961 activity to another taxing unit and discontinues operating that
1143962 distinct department, function, or activity if the operation of that
1144963 department, function, or activity in all or a majority of the
1145964 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.
1166984 (j) This subsection applies to a taxing unit that had agreed
1167985 by written contract to accept the transfer of a distinct
1168986 department, function, or activity from another taxing unit and
1169987 operates a distinct department, function, or activity if the
1170988 operation of a substantially similar department, function, or
1171989 activity in all or a majority of the territory of the taxing unit
1172990 has been discontinued by another taxing unit, including a dissolved
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
11861004 taxing unit operated the discontinued department, function, or
11871005 activity. If the taxing unit did not operate the discontinued
11881006 department, function, or activity for the full 12 months preceding
11891007 the month in which the calculations required by this chapter are
11901008 made, the taxing unit may increase last year's levy used to
11911009 calculate the no-new-revenue [effective] maintenance and
11921010 operations rate by an amount not to exceed the amount of property
11931011 tax revenue spent by the discontinuing taxing unit to operate the
11941012 discontinued department, function, or activity in the last full
11951013 fiscal year in which the discontinuing taxing unit operated the
11961014 department, function, or activity.
1197- SECTION 37. Section 26.041, Tax Code, is amended by
1015+ SECTION 29. Section 26.041, Tax Code, is amended by
11981016 amending Subsections (a), (b), (c), (e), (g), and (h) and adding
11991017 Subsection (c-1) to read as follows:
12001018 (a) In the first year in which an additional sales and use
12011019 tax is required to be collected, the no-new-revenue [effective] tax
1202- rate and voter-approval [rollback] tax rate for the taxing unit are
1203- calculated according to the following formulas:
1020+ rate and rollback tax rate for the taxing unit are calculated
1021+ according to the following formulas:
12041022 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
12051023 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
12061024 PROPERTY VALUE)] - SALES TAX GAIN RATE
12071025 and
1208- VOTER-APPROVAL TAX [ROLLBACK] RATE FOR SPECIAL TAXING
1209- UNIT = (NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND
1026+ ROLLBACK TAX RATE FOR SPECIAL TAXING UNIT =
1027+ (NO-NEW-REVENUE [EFFECTIVE] MAINTENANCE AND
12101028 OPERATIONS RATE x 1.08) + (CURRENT DEBT RATE - SALES
12111029 TAX GAIN RATE)
12121030 or
1213- VOTER-APPROVAL TAX RATE FOR TAXING UNIT OTHER THAN
1214- SPECIAL TAXING UNIT = (NO-NEW-REVENUE MAINTENANCE AND
1031+ ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SPECIAL
1032+ TAXING UNIT = (NO-NEW-REVENUE MAINTENANCE AND
12151033 OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED
12161034 INCREMENT RATE - SALES TAX GAIN RATE)
12171035 where "sales tax gain rate" means a number expressed in dollars per
12181036 $100 of taxable value, calculated by dividing the revenue that will
12191037 be generated by the additional sales and use tax in the following
12201038 year as calculated under Subsection (d) [of this section] by the
12211039 current total value.
12221040 (b) Except as provided by Subsections (a) and (c) [of this
12231041 section], in a year in which a taxing unit imposes an additional
1224- sales and use tax, the voter-approval [rollback] tax rate for the
1225- taxing unit is calculated according to the following formula,
1226- regardless of whether the taxing unit levied a property tax in the
1227- preceding year:
1228- VOTER-APPROVAL TAX [ROLLBACK] RATE FOR SPECIAL TAXING
1229- UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
1230- EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL VALUE - NEW
1231- PROPERTY VALUE)] + (CURRENT DEBT RATE - SALES TAX
1232- REVENUE RATE)
1042+ sales and use tax, the rollback tax rate for the taxing unit is
1043+ calculated according to the following formula, regardless of
1044+ whether the taxing unit levied a property tax in the preceding year:
1045+ ROLLBACK TAX RATE FOR SPECIAL TAXING UNIT = [(LAST
1046+ YEAR'S MAINTENANCE AND OPERATIONS EXPENSE x 1.08) /
1047+ ([TOTAL] CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] +
1048+ (CURRENT DEBT RATE - SALES TAX REVENUE RATE)
12331049 or
1234- VOTER-APPROVAL TAX RATE FOR TAXING UNIT OTHER THAN
1235- SPECIAL TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND
1236- OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE -
1237- NEW PROPERTY VALUE)] + (CURRENT DEBT RATE + UNUSED
1238- INCREMENT RATE - SALES TAX REVENUE RATE)
1050+ ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SPECIAL
1051+ TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
1052+ EXPENSE x 1.035) / (CURRENT TOTAL VALUE - NEW PROPERTY
1053+ VALUE)] + (CURRENT DEBT RATE + UNUSED INCREMENT RATE -
1054+ SALES TAX REVENUE RATE)
12391055 where "last year's maintenance and operations expense" means the
12401056 amount spent for maintenance and operations from property tax and
12411057 additional sales and use tax revenues in the preceding year, and
12421058 "sales tax revenue rate" means a number expressed in dollars per
12431059 $100 of taxable value, calculated by dividing the revenue that will
12441060 be generated by the additional sales and use tax in the current year
12451061 as calculated under Subsection (d) [of this section] by the current
12461062 total value.
12471063 (c) In a year in which a taxing unit that has been imposing
12481064 an additional sales and use tax ceases to impose an additional sales
1249- and use tax, the no-new-revenue [effective] tax rate and
1250- voter-approval [rollback] tax rate for the taxing unit are
1251- calculated according to the following formulas:
1065+ and use tax, the no-new-revenue [effective] tax rate and rollback
1066+ tax rate for the taxing unit are calculated according to the
1067+ following formulas:
12521068 NO-NEW-REVENUE [EFFECTIVE] TAX RATE = [(LAST YEAR'S
12531069 LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW
12541070 PROPERTY VALUE)] + SALES TAX LOSS RATE
12551071 and
1256- VOTER-APPROVAL [ROLLBACK] TAX RATE FOR SPECIAL TAXING
1257- UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
1258- EXPENSE x 1.08) / ([TOTAL] CURRENT TOTAL VALUE - NEW
1259- PROPERTY VALUE)] + CURRENT DEBT RATE
1072+ ROLLBACK TAX RATE FOR SPECIAL TAXING UNIT = [(LAST
1073+ YEAR'S MAINTENANCE AND OPERATIONS EXPENSE x 1.08) /
1074+ ([TOTAL] CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] +
1075+ CURRENT DEBT RATE
12601076 or
1261- VOTER-APPROVAL TAX RATE FOR TAXING UNIT OTHER THAN
1262- SPECIAL TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND
1263- OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE -
1264- NEW PROPERTY VALUE)] + (CURRENT DEBT RATE + UNUSED
1265- INCREMENT RATE)
1077+ ROLLBACK TAX RATE FOR TAXING UNIT OTHER THAN SPECIAL
1078+ TAXING UNIT = [(LAST YEAR'S MAINTENANCE AND OPERATIONS
1079+ EXPENSE x 1.035) / (CURRENT TOTAL VALUE - NEW PROPERTY
1080+ VALUE)] + (CURRENT DEBT RATE + UNUSED INCREMENT RATE)
12661081 where "sales tax loss rate" means a number expressed in dollars per
12671082 $100 of taxable value, calculated by dividing the amount of sales
12681083 and use tax revenue generated in the last four quarters for which
12691084 the information is available by the current total value and "last
12701085 year's maintenance and operations expense" means the amount spent
12711086 for maintenance and operations from property tax and additional
12721087 sales and use tax revenues in the preceding year.
12731088 (c-1) Notwithstanding any other provision of this section,
12741089 the governing body of a taxing unit other than a special taxing unit
12751090 may direct the designated officer or employee to calculate the
1276- voter-approval tax rate of the taxing unit in the manner provided
1277- for a special taxing unit if any part of the taxing unit is located
1278- in an area declared a disaster area during the current tax year by
1279- the governor or by the president of the United States. The
1280- designated officer or employee shall continue calculating the
1281- voter-approval tax rate in the manner provided by this subsection
1282- until the earlier of:
1283- (1) the second tax year in which the total taxable
1284- value of property taxable by the taxing unit as shown on the
1285- appraisal roll for the taxing unit submitted by the assessor for the
1286- taxing unit to the governing body exceeds the total taxable value of
1091+ rollback tax rate of the taxing unit in the manner provided for a
1092+ special taxing unit if any part of the taxing unit is located in an
1093+ area declared a disaster area during the current tax year by the
1094+ governor or by the president of the United States. The designated
1095+ officer or employee shall continue calculating the rollback tax
1096+ rate in the manner provided by this subsection until the earlier of:
1097+ (1) the first tax year in which the total taxable value
1098+ of property taxable by the taxing unit as shown on the appraisal
1099+ roll for the taxing unit submitted by the assessor for the taxing
1100+ unit to the governing body exceeds the total taxable value of
12871101 property taxable by the taxing unit on January 1 of the tax year in
12881102 which the disaster occurred; or
1289- (2) the third tax year after the tax year in which the
1103+ (2) the fifth tax year after the tax year in which the
12901104 disaster occurred.
12911105 (e) If a city that imposes an additional sales and use tax
12921106 receives payments under the terms of a contract executed before
12931107 January 1, 1986, in which the city agrees not to annex certain
12941108 property or a certain area and the owners or lessees of the property
12951109 or of property in the area agree to pay at least annually to the city
12961110 an amount determined by reference to all or a percentage of the
12971111 property tax rate of the city and all or a part of the value of the
12981112 property subject to the agreement or included in the area subject to
12991113 the agreement, the governing body, by order adopted by a majority
13001114 vote of the governing body, may direct the designated officer or
1301- employee to add to the no-new-revenue [effective] and
1302- voter-approval [rollback] tax rates the amount that, when applied
1303- to the total taxable value submitted to the governing body, would
1304- produce an amount of taxes equal to the difference between the total
1305- amount of payments for the tax year under contracts described by
1306- this subsection under the voter-approval [rollback] tax rate
1307- calculated under this section and the total amount of payments for
1308- the tax year that would have been obligated to the city if the city
1309- had not adopted an additional sales and use tax.
1115+ employee to add to the no-new-revenue [effective] and rollback tax
1116+ rates the amount that, when applied to the total taxable value
1117+ submitted to the governing body, would produce an amount of taxes
1118+ equal to the difference between the total amount of payments for the
1119+ tax year under contracts described by this subsection under the
1120+ rollback tax rate calculated under this section and the total
1121+ amount of payments for the tax year that would have been obligated
1122+ to the city if the city had not adopted an additional sales and use
1123+ tax.
13101124 (g) If the rate of the additional sales and use tax is
13111125 increased, the designated officer or employee shall make two
13121126 projections, in the manner provided by Subsection (d) [of this
13131127 section], of the revenue generated by the additional sales and use
13141128 tax in the following year. The first projection must take into
13151129 account the increase and the second projection must not take into
13161130 account the increase. The designated officer or employee shall
13171131 then subtract the amount of the result of the second projection from
13181132 the amount of the result of the first projection to determine the
13191133 revenue generated as a result of the increase in the additional
13201134 sales and use tax. In the first year in which an additional sales
13211135 and use tax is increased, the no-new-revenue [effective] tax rate
13221136 for the taxing unit is the no-new-revenue [effective] tax rate
13231137 before the increase minus a number the numerator of which is the
13241138 revenue generated as a result of the increase in the additional
13251139 sales and use tax, as determined under this subsection, and the
13261140 denominator of which is the current total value minus the new
13271141 property value.
13281142 (h) If the rate of the additional sales and use tax is
13291143 decreased, the designated officer or employee shall make two
13301144 projections, in the manner provided by Subsection (d) [of this
13311145 section], of the revenue generated by the additional sales and use
13321146 tax in the following year. The first projection must take into
13331147 account the decrease and the second projection must not take into
13341148 account the decrease. The designated officer or employee shall
13351149 then subtract the amount of the result of the first projection from
13361150 the amount of the result of the second projection to determine the
13371151 revenue lost as a result of the decrease in the additional sales and
13381152 use tax. In the first year in which an additional sales and use tax
13391153 is decreased, the no-new-revenue [effective] tax rate for the
13401154 taxing unit is the no-new-revenue [effective] tax rate before the
13411155 decrease plus a number the numerator of which is the revenue lost as
13421156 a result of the decrease in the additional sales and use tax, as
13431157 determined under this subsection, and the denominator of which is
13441158 the current total value minus the new property value.
1345- SECTION 38. The heading to Section 26.043, Tax Code, is
1159+ SECTION 30. The heading to Section 26.043, Tax Code, is
13461160 amended to read as follows:
1347- Sec. 26.043. VOTER-APPROVAL AND NO-NEW-REVENUE [EFFECTIVE]
1348- TAX RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
1349- SECTION 39. Sections 26.043(a) and (b), Tax Code, are
1161+ Sec. 26.043. ROLLBACK AND NO-NEW-REVENUE [EFFECTIVE] TAX
1162+ RATES [RATE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX.
1163+ SECTION 31. Sections 26.043(a) and (b), Tax Code, are
13501164 amended to read as follows:
13511165 (a) In the tax year in which a city has set an election on
13521166 the question of whether to impose a local sales and use tax under
13531167 Subchapter H, Chapter 453, Transportation Code, the officer or
13541168 employee designated to make the calculations provided by Section
13551169 26.04 may not make those calculations until the outcome of the
13561170 election is determined. If the election is determined in favor of
13571171 the imposition of the tax, the designated officer or employee
1358- [representative] shall subtract from the city's voter-approval
1359- [rollback] and no-new-revenue [effective] tax rates the amount
1360- that, if applied to the city's current total value, would impose an
1361- amount equal to the amount of property taxes budgeted in the current
1362- tax year to pay for expenses related to mass transit services.
1172+ [representative] shall subtract from the city's rollback and
1173+ no-new-revenue [effective] tax rates the amount that, if applied to
1174+ the city's current total value, would impose an amount equal to the
1175+ amount of property taxes budgeted in the current tax year to pay for
1176+ expenses related to mass transit services.
13631177 (b) In a tax year to which this section applies, a reference
13641178 in this chapter to the city's no-new-revenue [effective] or
1365- voter-approval [rollback] tax rate refers to that rate as adjusted
1366- under this section.
1367- SECTION 40. The heading to Section 26.044, Tax Code, is
1179+ rollback tax rate refers to that rate as adjusted under this
1180+ section.
1181+ SECTION 32. The heading to Section 26.044, Tax Code, is
13681182 amended to read as follows:
13691183 Sec. 26.044. NO-NEW-REVENUE [EFFECTIVE] TAX RATE TO PAY FOR
13701184 STATE CRIMINAL JUSTICE MANDATE.
1371- SECTION 41. Sections 26.044(a), (b), and (c), Tax Code, are
1185+ SECTION 33. Sections 26.044(a), (b), and (c), Tax Code, are
13721186 amended to read as follows:
13731187 (a) The first time that a county adopts a tax rate after
13741188 September 1, 1991, in which the state criminal justice mandate
13751189 applies to the county, the no-new-revenue [effective] maintenance
13761190 and operation rate for the county is increased by the rate
13771191 calculated according to the following formula:
13781192 (State Criminal Justice Mandate) / (Current Total
13791193 Value - New Property Value)
13801194 (b) In the second and subsequent years that a county adopts
13811195 a tax rate, if the amount spent by the county for the state criminal
13821196 justice mandate increased over the previous year, the
13831197 no-new-revenue [effective] maintenance and operation rate for the
13841198 county is increased by the rate calculated according to the
13851199 following formula:
13861200 (This Year's State Criminal Justice Mandate - Previous
13871201 Year's State Criminal Justice Mandate) / (Current
13881202 Total Value - New Property Value)
13891203 (c) The county shall include a notice of the increase in the
13901204 no-new-revenue [effective] maintenance and operation rate provided
13911205 by this section, including a description and amount of the state
13921206 criminal justice mandate, in the information published under
13931207 Section 26.04(e) and, as applicable, in the notice prescribed by
13941208 Section 26.06 or 26.061 [26.06(b) of this code].
1395- SECTION 42. Sections 26.0441(a), (b), and (c), Tax Code,
1209+ SECTION 34. Sections 26.0441(a), (b), and (c), Tax Code,
13961210 are amended to read as follows:
13971211 (a) In the first tax year in which a taxing unit adopts a tax
13981212 rate after January 1, 2000, and in which the enhanced minimum
13991213 eligibility standards for indigent health care established under
14001214 Section 61.006, Health and Safety Code, apply to the taxing unit,
14011215 the no-new-revenue [effective] maintenance and operations rate for
14021216 the taxing unit is increased by the rate computed according to the
14031217 following formula:
14041218 Amount of Increase = Enhanced Indigent Health Care
14051219 Expenditures / (Current Total Value - New Property
14061220 Value)
14071221 (b) In each subsequent tax year, if the taxing unit's
14081222 enhanced indigent health care expenses exceed the amount of those
14091223 expenses for the preceding year, the no-new-revenue [effective]
14101224 maintenance and operations rate for the taxing unit is increased by
14111225 the rate computed according to the following formula:
14121226 Amount of Increase = (Current Tax Year's Enhanced
14131227 Indigent Health Care Expenditures - Preceding Tax
14141228 Year's Indigent Health Care Expenditures) / (Current
14151229 Total Value - New Property Value)
14161230 (c) The taxing unit shall include a notice of the increase
14171231 in its no-new-revenue [effective] maintenance and operations rate
14181232 provided by this section, including a brief description and the
14191233 amount of the enhanced indigent health care expenditures, in the
14201234 information published under Section 26.04(e) and, as [if]
14211235 applicable, in the notice prescribed by Section 26.06 or 26.061
14221236 [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
14911262 published under Section 26.04(e) and, as applicable, in the notice
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
15321265 Subsections (a), (b), (c), (d), (e), and (g) and adding Subsections
15331266 (d-1), (d-2), and (e-1) to read as follows:
15341267 (a) The governing body of each taxing unit[, before the
15351268 later of September 30 or the 60th day after the date the certified
15361269 appraisal roll is received by the taxing unit,] shall adopt a tax
15371270 rate for the current tax year and shall notify the assessor for the
15381271 taxing unit of the rate adopted. The governing body must adopt a
15391272 tax rate before the later of September 30 or the 60th day after the
15401273 date the certified appraisal roll is received by the taxing unit,
15411274 except that the governing body must adopt a tax rate that exceeds
1542- the voter-approval tax rate not later than the 71st day before the
1543- next uniform election date prescribed by Section 41.001, Election
1544- Code, that occurs in November of that year. The tax rate consists
1545- of two components, each of which must be approved separately. The
1275+ the rollback tax rate not later than the 71st day before the next
1276+ uniform election date prescribed by Section 41.001, Election Code,
1277+ that occurs in November of that year. The tax rate consists of two
1278+ components, each of which must be approved separately. The
15461279 components are:
15471280 (1) for a taxing unit other than a school district, the
15481281 rate that, if applied to the total taxable value, will impose the
1549- total amount described by [published under] Section
1550- 26.04(e)(3)(C), less any amount of additional sales and use tax
1282+ total amount described by [published under] Section 26.04(e)(4)(C)
1283+ [26.04(e)(3)(C)], less any amount of additional sales and use tax
15511284 revenue that will be used to pay debt service, or, for a school
15521285 district, the rate calculated under Section
15531286 44.004(c)(5)(A)(ii)(b), Education Code; and
15541287 (2) the rate that, if applied to the total taxable
15551288 value, will impose the amount of taxes needed to fund maintenance
15561289 and operation expenditures of the taxing unit for the next year.
15571290 (b) A taxing unit may not impose property taxes in any year
15581291 until the governing body has adopted a tax rate for that year, and
15591292 the annual tax rate must be set by ordinance, resolution, or order,
15601293 depending on the method prescribed by law for adoption of a law by
15611294 the governing body. The vote on the ordinance, resolution, or order
15621295 setting the tax rate must be separate from the vote adopting the
15631296 budget. For a taxing unit other than a school district, the vote on
15641297 the ordinance, resolution, or order setting a tax rate that exceeds
15651298 the no-new-revenue [effective] tax rate must be a record vote, and
15661299 at least 60 percent of the members of the governing body must vote
15671300 in favor of the ordinance, resolution, or order. For a school
15681301 district, the vote on the ordinance, resolution, or order setting a
15691302 tax rate that exceeds the sum of the no-new-revenue [effective]
15701303 maintenance and operations tax rate of the district as determined
15711304 under Section 26.08(i) and the district's current debt rate must be
15721305 a record vote, and at least 60 percent of the members of the
15731306 governing body must vote in favor of the ordinance, resolution, or
15741307 order. A motion to adopt an ordinance, resolution, or order setting
15751308 a tax rate that exceeds the no-new-revenue [effective] tax rate
15761309 must be made in the following form: "I move that the property tax
15771310 rate be increased by the adoption of a tax rate of (specify tax
15781311 rate), which is effectively a (insert percentage by which the
15791312 proposed tax rate exceeds the no-new-revenue [effective] tax rate)
15801313 percent increase in the tax rate." If the ordinance, resolution, or
15811314 order sets a tax rate that, if applied to the total taxable value,
15821315 will impose an amount of taxes to fund maintenance and operation
15831316 expenditures of the taxing unit that exceeds the amount of taxes
15841317 imposed for that purpose in the preceding year, the taxing unit
15851318 must:
15861319 (1) include in the ordinance, resolution, or order in
15871320 type larger than the type used in any other portion of the document:
15881321 (A) the following statement: "THIS TAX RATE WILL
15891322 RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S
15901323 TAX RATE."; and
15911324 (B) if the tax rate exceeds the no-new-revenue
15921325 [effective] maintenance and operations rate, the following
15931326 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
15941327 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
15951328 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
15961329 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
15971330 APPROXIMATELY $(Insert amount)."; and
15981331 (2) include on the home page of the [any] Internet
15991332 website of [operated by] the taxing unit:
16001333 (A) the following statement: "(Insert name of
16011334 taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR
16021335 MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and
16031336 (B) if the tax rate exceeds the no-new-revenue
16041337 [effective] maintenance and operations rate, the following
16051338 statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT
16061339 PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE
16071340 [EFFECTIVE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE
16081341 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
16091342 APPROXIMATELY $(Insert amount)."
16101343 (c) If the governing body of a taxing unit does not adopt a
16111344 tax rate before the date required by Subsection (a), the tax rate
16121345 for the taxing unit for that tax year is the lower of the
16131346 no-new-revenue [effective] tax rate calculated for that tax year or
16141347 the tax rate adopted by the taxing unit for the preceding tax year.
16151348 A tax rate established by this subsection is treated as an adopted
16161349 tax rate. Before the fifth day after the establishment of a tax
16171350 rate by this subsection, the governing body of the taxing unit must
16181351 ratify the applicable tax rate in the manner required by Subsection
16191352 (b).
16201353 (d) The governing body of a taxing unit other than a school
16211354 district may not adopt a tax rate that exceeds the lower of the
1622- voter-approval [rollback] tax rate or the no-new-revenue
1623- [effective] tax rate calculated as provided by this chapter until
1624- the governing body has held a public hearing [two public hearings]
1625- on the proposed tax rate and has otherwise complied with Section
1626- 26.06 and Section 26.065. The governing body of a taxing unit shall
1627- reduce a tax rate set by law or by vote of the electorate to the
1628- lower of the voter-approval [rollback] tax rate or the
1629- no-new-revenue [effective] tax rate and may not adopt a higher rate
1630- unless it first complies with Section 26.06.
1355+ rollback tax rate or the no-new-revenue [effective] tax rate
1356+ calculated as provided by this chapter until the governing body has
1357+ held a public hearing [two public hearings] on the proposed tax rate
1358+ and has otherwise complied with Section 26.06 and Section 26.065.
1359+ The governing body of a taxing unit shall reduce a tax rate set by
1360+ law or by vote of the electorate to the lower of the rollback tax
1361+ rate or the no-new-revenue [effective] tax rate and may not adopt a
1362+ higher rate unless it first complies with Section 26.06.
16311363 (d-1) The governing body of a taxing unit other than a
16321364 school district may not hold a public hearing on a proposed tax rate
1633- or a public meeting to adopt a tax rate until the fifth day after the
1634- date the chief appraiser of each appraisal district in which the
1635- taxing unit participates has:
1365+ or a public meeting to adopt a tax rate until the fifth business day
1366+ after the date the chief appraiser of each appraisal district in
1367+ which the taxing unit participates has:
16361368 (1) delivered the notice required by Section
16371369 26.04(e-2); and
16381370 (2) complied with Section 26.17(f).
16391371 (d-2) Notwithstanding Subsection (a), the governing body of
16401372 a taxing unit other than a school district may not adopt a tax rate
16411373 until the chief appraiser of each appraisal district in which the
16421374 taxing unit participates has complied with Subsection (d-1).
16431375 (e) A person who owns taxable property is entitled to an
16441376 injunction restraining the collection of taxes by a taxing unit in
16451377 which the property is taxable if the taxing unit has not complied
16461378 with the requirements of this section or Section 26.04 [and the
16471379 failure to comply was not in good faith]. It is a defense in an
16481380 action for an injunction under this subsection that the failure to
16491381 comply was in good faith. An action to enjoin the collection of
16501382 taxes must be filed not later than the 15th day after the date the
16511383 taxing unit adopts a tax rate. A property owner is not required to
16521384 pay the taxes imposed by a taxing unit on the owner's property while
16531385 an action filed by the property owner to enjoin the collection of
16541386 taxes imposed by the taxing unit on the owner's property is pending.
16551387 If the property owner pays the taxes and subsequently prevails in
16561388 the action, the property owner is entitled to a refund of the taxes
16571389 paid, together with reasonable attorney's fees and court costs.
16581390 The property owner is not required to apply to the collector for the
16591391 taxing unit to receive the refund [prior to the date a taxing unit
16601392 delivers substantially all of its tax bills].
16611393 (e-1) The governing body of a taxing unit that imposes an
16621394 additional sales and use tax may not adopt the component of the tax
16631395 rate of the taxing unit described by Subsection (a)(1) of this
16641396 section until the chief financial officer or the auditor for the
16651397 taxing unit submits to the governing body of the taxing unit a
16661398 written certification that the amount of additional sales and use
16671399 tax revenue that will be used to pay debt service has been deducted
1668- from the total amount described by Section 26.04(e)(3)(C) as
1400+ from the total amount described by Section 26.04(e)(4)(C) as
16691401 required by Subsection (a)(1) of this section. The comptroller
16701402 shall prescribe the form of the certification required by this
16711403 subsection and the manner in which it is required to be submitted.
16721404 (g) Notwithstanding Subsection (a), the governing body of a
16731405 school district that elects to adopt a tax rate before the adoption
16741406 of a budget for the fiscal year that begins in the current tax year
16751407 may adopt a tax rate for the current tax year before receipt of the
16761408 certified appraisal roll for the school district if the chief
16771409 appraiser of the appraisal district in which the school district
16781410 participates has certified to the assessor for the school district
16791411 an estimate of the taxable value of property in the school district
16801412 as provided by Section 26.01(e). If a school district adopts a tax
16811413 rate under this subsection, the no-new-revenue [effective] tax rate
1682- and the voter-approval [rollback] tax rate of the district shall be
1683- calculated based on the certified estimate of taxable value.
1684- SECTION 47. Section 26.052, Tax Code, is amended by
1414+ and the rollback tax rate of the district shall be calculated based
1415+ on the certified estimate of taxable value.
1416+ SECTION 37. Section 26.052, Tax Code, is amended by
16851417 amending Subsection (e) and adding Subsection (f) to read as
16861418 follows:
16871419 (e) Public notice provided under Subsection (c) must
16881420 specify:
16891421 (1) the tax rate that the governing body proposes to
16901422 adopt;
16911423 (2) the date, time, and location of the meeting of the
16921424 governing body of the taxing unit at which the governing body will
16931425 consider adopting the proposed tax rate; and
16941426 (3) if the proposed tax rate for the taxing unit
16951427 exceeds the taxing unit's no-new-revenue [effective] tax rate
16961428 calculated as provided by Section 26.04, a statement substantially
16971429 identical to the following: "The proposed tax rate would increase
16981430 total taxes in (name of taxing unit) by (percentage by which the
16991431 proposed tax rate exceeds the no-new-revenue [effective] tax
17001432 rate)."
17011433 (f) A taxing unit to which this section applies that elects
17021434 to provide public notice of its proposed tax rate under Subsection
17031435 (c)(2) must also provide public notice of its proposed tax rate by
17041436 posting notice of the proposed tax rate, including the information
17051437 prescribed by Subsection (e), prominently on the home page of the
17061438 Internet website of the taxing unit.
1707- SECTION 48. Section 26.06, Tax Code, is amended by amending
1439+ SECTION 38. Section 26.06, Tax Code, is amended by amending
17081440 Subsections (a), (b), (c), (d), and (e) and adding Subsections
17091441 (b-1), (b-2), (b-3), and (b-4) to read as follows:
17101442 (a) A public hearing required by Section 26.05 may not be
1711- held before the fifth [seventh] day after the date the notice of the
1712- public hearing is given. The [second hearing may not be held
1713- earlier than the third day after the date of the first hearing.
1714- Each] hearing must be on a weekday that is not a public holiday. The
1715- [Each] hearing must be held inside the boundaries of the unit in a
1716- publicly owned building or, if a suitable publicly owned building
1717- is not available, in a suitable building to which the public
1718- normally has access. At the hearing [hearings], the governing body
1719- must afford adequate opportunity for proponents and opponents of
1720- the tax increase to present their views.
1443+ held before the seventh day after the date the notice of the public
1444+ hearing is given. The [second hearing may not be held earlier than
1445+ the third day after the date of the first hearing. Each] hearing
1446+ must be on a weekday that is not a public holiday. The [Each]
1447+ hearing must be held inside the boundaries of the unit in a publicly
1448+ owned building or, if a suitable publicly owned building is not
1449+ available, in a suitable building to which the public normally has
1450+ access. At the hearing [hearings], the governing body must afford
1451+ adequate opportunity for proponents and opponents of the tax
1452+ increase to present their views.
17211453 (b) The notice of a public hearing may not be smaller than
17221454 one-quarter page of a standard-size or a tabloid-size newspaper,
17231455 and the headline on the notice must be in 24-point or larger type.
17241456 [The notice must contain a statement in the following form:
17251457 ["NOTICE OF PUBLIC HEARING ON TAX INCREASE
17261458 ["The (name of the taxing unit) will hold two public hearings
17271459 on a proposal to increase total tax revenues from properties on the
17281460 tax roll in the preceding tax year by (percentage by which proposed
17291461 tax rate exceeds lower of rollback tax rate or effective tax rate
17301462 calculated under this chapter) percent. Your individual taxes may
17311463 increase at a greater or lesser rate, or even decrease, depending on
17321464 the change in the taxable value of your property in relation to the
17331465 change in taxable value of all other property and the tax rate that
17341466 is adopted.
17351467 ["The first public hearing will be held on (date and time) at
17361468 (meeting place).
17371469 ["The second public hearing will be held on (date and time) at
17381470 (meeting place).
17391471 ["(Names of all members of the governing body, showing how
17401472 each voted on the proposal to consider the tax increase or, if one
17411473 or more were absent, indicating the absences.)
17421474 ["The average taxable value of a residence homestead in (name
17431475 of taxing unit) last year was $____ (average taxable value of a
17441476 residence homestead in the taxing unit for the preceding tax year,
17451477 disregarding residence homestead exemptions available only to
17461478 disabled persons or persons 65 years of age or older). Based on
17471479 last year's tax rate of $____ (preceding year's adopted tax rate)
17481480 per $100 of taxable value, the amount of taxes imposed last year on
17491481 the average home was $____ (tax on average taxable value of a
17501482 residence homestead in the taxing unit for the preceding tax year,
17511483 disregarding residence homestead exemptions available only to
17521484 disabled persons or persons 65 years of age or older).
17531485 ["The average taxable value of a residence homestead in (name
17541486 of taxing unit) this year is $____ (average taxable value of a
17551487 residence homestead in the taxing unit for the current tax year,
17561488 disregarding residence homestead exemptions available only to
17571489 disabled persons or persons 65 years of age or older). If the
17581490 governing body adopts the effective tax rate for this year of $____
17591491 (effective tax rate) per $100 of taxable value, the amount of taxes
17601492 imposed this year on the average home would be $____ (tax on average
17611493 taxable value of a residence homestead in the taxing unit for the
17621494 current tax year, disregarding residence homestead exemptions
17631495 available only to disabled persons or persons 65 years of age or
17641496 older).
17651497 ["If the governing body adopts the proposed tax rate of $____
17661498 (proposed tax rate) per $100 of taxable value, the amount of taxes
17671499 imposed this year on the average home would be $____ (tax on the
17681500 average taxable value of a residence in the taxing unit for the
17691501 current year disregarding residence homestead exemptions available
17701502 only to disabled persons or persons 65 years of age or older).
17711503 ["Members of the public are encouraged to attend the hearings
17721504 and express their views."]
17731505 (b-1) If the proposed tax rate exceeds the no-new-revenue
1774- tax rate and the voter-approval tax rate of the taxing unit, the
1775- notice must contain a statement in the following form:
1506+ tax rate and the rollback tax rate of the taxing unit, the notice
1507+ must contain a statement in the following form:
17761508 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
17771509 "PROPOSED TAX RATE $__________ per $100
17781510 "NO-NEW-REVENUE TAX RATE $__________ per $100
1779- "VOTER-APPROVAL TAX RATE $__________ per $100
1511+ "ROLLBACK TAX RATE $__________ per $100
17801512 "The no-new-revenue tax rate is the tax rate for the (current
17811513 tax year) tax year that will raise the same amount of property tax
17821514 revenue for (name of taxing unit) from the same properties in both
17831515 the (preceding tax year) tax year and the (current tax year) tax
17841516 year.
1785- "The voter-approval tax rate is the highest tax rate that
1786- (name of taxing unit) may adopt without holding an election to seek
1787- voter approval of the rate.
1517+ "The rollback tax rate is the highest tax rate that (name of
1518+ taxing unit) may adopt without holding an election to ratify the
1519+ rate.
17881520 "The proposed tax rate is greater than the no-new-revenue tax
17891521 rate. This means that (name of taxing unit) is proposing to
17901522 increase property taxes for the (current tax year) tax year.
17911523 "A public hearing on the proposed tax rate will be held on
17921524 (date and time) at (meeting place).
1793- "The proposed tax rate is also greater than the
1794- voter-approval tax rate. If (name of taxing unit) adopts the
1795- proposed tax rate, (name of taxing unit) is required to hold an
1796- election so that the voters may accept or reject the proposed tax
1797- rate. If a majority of the voters reject the proposed tax rate, the
1798- tax rate of the (name of taxing unit) will be the voter-approval tax
1799- rate. The election will be held on (date of election). You may
1800- contact the (name of office responsible for administering the
1801- election) for information about voting locations. The hours of
1525+ "The proposed tax rate is also greater than the rollback tax
1526+ rate. If (name of taxing unit) adopts the proposed tax rate, (name
1527+ of taxing unit) is required to hold an election so that the voters
1528+ may accept or reject the proposed tax rate. If a majority of the
1529+ voters reject the proposed tax rate, the (name of taxing unit) will
1530+ be required to adopt a new tax rate that is not greater than the
1531+ rollback tax rate. The election will be held on (date of election).
1532+ You may contact the (name of office responsible for administering
1533+ the election) for information about voting locations. The hours of
18021534 voting on election day are (voting hours).
18031535 "Your taxes owed under any of the tax rates mentioned above
18041536 can be calculated as follows:
18051537 "Property tax amount = tax rate x taxable value of your
18061538 property / 100
18071539 "(Names of all members of the governing body, showing how
18081540 each voted on the proposal to consider the tax increase or, if one
1809- or more were absent, indicating the absences.)
1810- "The 86th Texas Legislature modified the manner in which the
1811- voter-approval tax rate is calculated to limit the rate of growth of
1812- property taxes in the state."
1541+ or more were absent, indicating the absences.)"
18131542 (b-2) If the proposed tax rate exceeds the no-new-revenue
1814- tax rate but does not exceed the voter-approval tax rate of the
1815- taxing unit, the notice must contain a statement in the following
1816- form:
1543+ tax rate but does not exceed the rollback tax rate of the taxing
1544+ unit, the notice must contain a statement in the following form:
18171545 "NOTICE OF PUBLIC HEARING ON TAX INCREASE
18181546 "PROPOSED TAX RATE $__________ per $100
18191547 "NO-NEW-REVENUE TAX RATE $__________ per $100
1820- "VOTER-APPROVAL TAX RATE $__________ per $100
1548+ "ROLLBACK TAX RATE $__________ per $100
18211549 "The no-new-revenue tax rate is the tax rate for the (current
18221550 tax year) tax year that will raise the same amount of property tax
18231551 revenue for (name of taxing unit) from the same properties in both
18241552 the (preceding tax year) tax year and the (current tax year) tax
18251553 year.
1826- "The voter-approval tax rate is the highest tax rate that
1827- (name of taxing unit) may adopt without holding an election to seek
1828- voter approval of the rate.
1554+ "The rollback tax rate is the highest tax rate that (name of
1555+ taxing unit) may adopt without holding an election to ratify the
1556+ rate.
18291557 "The proposed tax rate is greater than the no-new-revenue tax
18301558 rate. This means that (name of taxing unit) is proposing to
18311559 increase property taxes for the (current tax year) tax year.
18321560 "A public hearing on the proposed tax rate will be held on
18331561 (date and time) at (meeting place).
1834- "The proposed tax rate is not greater than the voter-approval
1835- tax rate. As a result, (name of taxing unit) is not required to hold
1836- an election at which voters may accept or reject the proposed tax
1837- rate. However, you may express your support for or opposition to
1838- the proposed tax rate by contacting the members of the (name of
1562+ "The proposed tax rate is not greater than the rollback tax
1563+ rate. As a result, (name of taxing unit) is not required to hold an
1564+ election at which voters may accept or reject the proposed tax rate.
1565+ However, you may express your support for or opposition to the
1566+ proposed tax rate by contacting the members of the (name of
18391567 governing body) of (name of taxing unit) at their offices or by
18401568 attending the public hearing mentioned above.
18411569 "Your taxes owed under any of the tax rates mentioned above
18421570 can be calculated as follows:
18431571 "Property tax amount = tax rate x taxable value of your
18441572 property / 100
18451573 "(Names of all members of the governing body, showing how
18461574 each voted on the proposal to consider the tax increase or, if one
1847- or more were absent, indicating the absences.)
1848- "The 86th Texas Legislature modified the manner in which the
1849- voter-approval tax rate is calculated to limit the rate of growth of
1850- property taxes in the state."
1575+ or more were absent, indicating the absences.)"
18511576 (b-3) If the proposed tax rate does not exceed the
1852- no-new-revenue tax rate but exceeds the voter-approval tax rate of
1853- the taxing unit, the notice must contain a statement in the
1854- following form:
1577+ no-new-revenue tax rate but exceeds the rollback tax rate of the
1578+ taxing unit, the notice must contain a statement in the following
1579+ form:
18551580 "NOTICE OF PUBLIC HEARING ON TAX RATE
18561581 "PROPOSED TAX RATE $__________ per $100
18571582 "NO-NEW-REVENUE TAX RATE $__________ per $100
1858- "VOTER-APPROVAL TAX RATE $__________ per $100
1583+ "ROLLBACK TAX RATE $__________ per $100
18591584 "The no-new-revenue tax rate is the tax rate for the (current
18601585 tax year) tax year that will raise the same amount of property tax
18611586 revenue for (name of taxing unit) from the same properties in both
18621587 the (preceding tax year) tax year and the (current tax year) tax
18631588 year.
1864- "The voter-approval tax rate is the highest tax rate that
1865- (name of taxing unit) may adopt without holding an election to seek
1866- voter approval of the rate.
1589+ "The rollback tax rate is the highest tax rate that (name of
1590+ taxing unit) may adopt without holding an election to ratify the
1591+ rate.
18671592 "The proposed tax rate is not greater than the no-new-revenue
18681593 tax rate. This means that (name of taxing unit) is not proposing to
18691594 increase property taxes for the (current tax year) tax year.
18701595 "A public hearing on the proposed tax rate will be held on
18711596 (date and time) at (meeting place).
1872- "The proposed tax rate is greater than the voter-approval tax
1873- rate. If (name of taxing unit) adopts the proposed tax rate, (name
1874- of taxing unit) is required to hold an election so that the voters
1875- may accept or reject the proposed tax rate. If a majority of the
1876- voters reject the proposed tax rate, the tax rate of the (name of
1877- taxing unit) will be the voter-approval tax rate. The election will
1878- be held on (date of election). You may contact the (name of office
1879- responsible for administering the election) for information about
1880- voting locations. The hours of voting on election day are (voting
1881- hours).
1597+ "The proposed tax rate is greater than the rollback tax rate.
1598+ If (name of taxing unit) adopts the proposed tax rate, (name of
1599+ taxing unit) is required to hold an election so that the voters may
1600+ accept or reject the proposed tax rate. If a majority of the voters
1601+ reject the proposed tax rate, the (name of taxing unit) will be
1602+ required to adopt a new tax rate that is not greater than the
1603+ rollback tax rate. The election will be held on (date of election).
1604+ You may contact the (name of office responsible for administering
1605+ the election) for information about voting locations. The hours of
1606+ voting on election day are (voting hours).
18821607 "Your taxes owed under any of the tax rates mentioned above
18831608 can be calculated as follows:
18841609 "Property tax amount = tax rate x taxable value of your
18851610 property / 100
18861611 "(Names of all members of the governing body, showing how
18871612 each voted on the proposal to consider the tax rate or, if one or
1888- more were absent, indicating the absences.)
1889- "The 86th Texas Legislature modified the manner in which the
1890- voter-approval tax rate is calculated to limit the rate of growth of
1891- property taxes in the state."
1613+ more were absent, indicating the absences.)"
18921614 (b-4) In addition to including the information described by
18931615 Subsection (b-1), (b-2), or (b-3), as applicable, the notice must
18941616 include the information described by Section 26.062.
18951617 (c) The notice of a public hearing under this section may be
18961618 delivered by mail to each property owner in the taxing unit, or may
18971619 be published in a newspaper. If the notice is published in a
18981620 newspaper, it may not be in the part of the paper in which legal
18991621 notices and classified advertisements appear. If the taxing unit
19001622 publishes the notice in a newspaper [operates an Internet website],
19011623 the taxing unit must also post the notice prominently on the home
19021624 page of the Internet website of the taxing unit [must be posted on
19031625 the website] from the date the notice is first published until the
19041626 [second] public hearing is concluded.
19051627 (d) The governing body may vote on the proposed tax rate at
19061628 the public hearing. If the governing body does not vote on the
19071629 proposed tax rate at the public hearing, [At the public hearings]
19081630 the governing body shall announce at the public hearing the date,
19091631 time, and place of the meeting at which it will vote on the proposed
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
19261650 proposed tax rate of (insert proposed tax rate) for each $100 of
19271651 taxable value, excluding tax revenue to be raised from new property
19281652 added to the tax roll this year, is (insert amount computed by
19291653 multiplying proposed tax rate by the difference between current
19301654 total value and new property value).
1931- ["The total tax revenue proposed to be raised this year at the
1655+ "The total tax revenue proposed to be raised this year at the
19321656 proposed tax rate of (insert proposed tax rate) for each $100 of
19331657 taxable value, including tax revenue to be raised from new property
19341658 added to the tax roll this year, is (insert amount computed by
19351659 multiplying proposed tax rate by current total value).
1936- ["The (governing body of the taxing unit) is scheduled to
1937- vote on the tax rate that will result in that tax increase at a
1938- public meeting to be held on (date of meeting) at (location of
1939- meeting, including mailing address) at (time of meeting).
1940- ["The (governing body of the taxing unit) proposes to use the
1660+ "The (governing body of the taxing unit) is scheduled to vote
1661+ on the tax rate that will result in that tax increase at a public
1662+ meeting to be held on (date of meeting) at (location of meeting,
1663+ including mailing address) at (time of meeting).
1664+ "The (governing body of the taxing unit) proposes to use the
19411665 increase in total tax revenue for the purpose of (description of
1942- purpose of increase)."]
1943- (e) A [The] meeting to vote on the tax increase may not be
1666+ purpose of increase)."
1667+ (e) A [The] meeting to vote on the tax increase for which
1668+ notice is required to be provided under Subsection (d) may not be
19441669 held [earlier than the third day or] later than the seventh [14th]
19451670 day after the date of the [second] public hearing. The meeting must
19461671 be held inside the boundaries of the taxing unit in a publicly owned
19471672 building or, if a suitable publicly owned building is not
19481673 available, in a suitable building to which the public normally has
1949- access. [If the governing body does not adopt a tax rate that
1950- exceeds the lower of the rollback tax rate or the effective tax rate
1951- by the 14th day, it must give a new notice under Subsection (d)
1952- before it may adopt a rate that exceeds the lower of the rollback
1953- tax rate or the effective tax rate.]
1954- SECTION 49. Chapter 26, Tax Code, is amended by adding
1674+ access. If the governing body does not adopt a tax rate that
1675+ exceeds the lower of the rollback tax rate or the no-new-revenue
1676+ [effective] tax rate by the seventh [14th] day, it must give a new
1677+ notice under Subsection (d) before it may adopt a rate that exceeds
1678+ the lower of the rollback tax rate or the no-new-revenue
1679+ [effective] tax rate.
1680+ SECTION 39. Chapter 26, Tax Code, is amended by adding
19551681 Sections 26.061, 26.062, and 26.063 to read as follows:
19561682 Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE
1957- THAT DOES NOT EXCEED LOWER OF NO-NEW-REVENUE OR VOTER-APPROVAL TAX
1958- RATE. (a) This section applies only to the governing body of a
1959- taxing unit other than a school district that proposes to adopt a
1960- tax rate that does not exceed the lower of the no-new-revenue tax
1961- rate or the voter-approval tax rate calculated as provided by this
1962- chapter.
1683+ THAT DOES NOT EXCEED LOWER OF NO-NEW-REVENUE OR ROLLBACK TAX RATE.
1684+ (a) This section applies only to the governing body of a taxing
1685+ unit other than a school district that proposes to adopt a tax rate
1686+ that does not exceed the lower of the no-new-revenue tax rate or the
1687+ rollback tax rate calculated as provided by this chapter.
19631688 (b) The notice of the meeting at which the governing body of
19641689 the taxing unit will vote on the proposed tax rate must contain a
19651690 statement in the following form:
19661691 "NOTICE OF MEETING TO VOTE ON TAX RATE
19671692 "PROPOSED TAX RATE $__________ per $100
19681693 "NO-NEW-REVENUE TAX RATE $__________ per $100
1969- "VOTER-APPROVAL TAX RATE $__________ per $100
1694+ "ROLLBACK TAX RATE $__________ per $100
19701695 "The no-new-revenue tax rate is the tax rate for the (current
19711696 tax year) tax year that will raise the same amount of property tax
19721697 revenue for (name of taxing unit) from the same properties in both
19731698 the (preceding tax year) tax year and the (current tax year) tax
19741699 year.
1975- "The voter-approval tax rate is the highest tax rate that
1976- (name of taxing unit) may adopt without holding an election to seek
1977- voter approval of the rate.
1700+ "The rollback tax rate is the highest tax rate that (name of
1701+ taxing unit) may adopt without holding an election to ratify the
1702+ rate.
19781703 "The proposed tax rate is not greater than the no-new-revenue
19791704 tax rate. This means that (name of taxing unit) is not proposing to
19801705 increase property taxes for the (current tax year) tax year.
19811706 "A public meeting to vote on the proposed tax rate will be
19821707 held on (date and time) at (meeting place).
1983- "The proposed tax rate is also not greater than the
1984- voter-approval tax rate. As a result, (name of taxing unit) is not
1985- required to hold an election to seek voter approval of the rate.
1986- However, you may express your support for or opposition to the
1987- proposed tax rate by contacting the members of the (name of
1988- governing body) of (name of taxing unit) at their offices or by
1989- attending the public meeting mentioned above.
1708+ "The proposed tax rate is also not greater than the rollback
1709+ tax rate. As a result, (name of taxing unit) is not required to hold
1710+ an election to ratify the rate. However, you may express your
1711+ support for or opposition to the proposed tax rate by contacting the
1712+ members of the (name of governing body) of (name of taxing unit) at
1713+ their offices or by attending the public meeting mentioned above.
19901714 "Your taxes owed under any of the above rates can be
19911715 calculated as follows:
19921716 "Property tax amount = tax rate x taxable value of your
19931717 property / 100
19941718 "(Names of all members of the governing body, showing how
19951719 each voted on the proposed tax rate or, if one or more were absent,
1996- indicating the absences.)
1997- "The 86th Texas Legislature modified the manner in which the
1998- voter-approval tax rate is calculated to limit the rate of growth of
1999- property taxes in the state."
1720+ indicating the absences.)"
20001721 (c) In addition to including the information described by
20011722 Subsection (b), the notice must include the information described
20021723 by Section 26.062.
20031724 (d) The notice required under this section must be provided
20041725 in the manner required under Section 26.06(c).
20051726 Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX
20061727 RATE NOTICE. (a) In addition to the information described by
20071728 Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a
20081729 notice required by that provision must include at the end of the
20091730 notice:
20101731 (1) a statement in the following form:
20111732 "The following table compares the taxes imposed on the
20121733 average residence homestead by (name of taxing unit) last year to
20131734 the taxes proposed to be imposed on the average residence homestead
20141735 by (name of taxing unit) this year:";
20151736 (2) a table in the form required by this section
20161737 following the statement described by Subdivision (1); and
20171738 (3) a statement in the following form following the
20181739 table:
20191740 (A) if the tax assessor for the taxing unit
20201741 maintains an Internet website: "For assistance with tax
20211742 calculations, please contact the tax assessor for (name of taxing
20221743 unit) at (telephone number) or (e-mail address), or visit (Internet
20231744 website address) for more information."; or
20241745 (B) if the tax assessor for the taxing unit does
20251746 not maintain an Internet website: "For assistance with tax
20261747 calculations, please contact the tax assessor for (name of taxing
20271748 unit) at (telephone number) or (e-mail address)."
20281749 (b) The table must contain five rows and four columns.
20291750 (c) The first row must appear as follows:
20301751 (1) the first column of the first row must be left
20311752 blank;
20321753 (2) the second column of the first row must state the
20331754 year corresponding to the preceding tax year;
20341755 (3) the third column of the first row must state the
20351756 year corresponding to the current tax year; and
20361757 (4) the fourth column of the first row must be entitled
20371758 "Change".
20381759 (d) The second row must appear as follows:
20391760 (1) the first column of the second row must be entitled
20401761 "Total tax rate (per $100 of value)";
20411762 (2) the second column of the second row must state the
20421763 adopted tax rate for the preceding tax year;
20431764 (3) the third column of the second row must state the
20441765 proposed tax rate for the current tax year; and
20451766 (4) the fourth column of the second row must state the
20461767 nominal and percentage difference between the adopted tax rate for
20471768 the preceding tax year and the proposed tax rate for the current tax
20481769 year as follows: "(increase or decrease, as applicable) of
20491770 (nominal difference between tax rate stated in second column of
20501771 second row and tax rate stated in third column of second row) per
20511772 $100, or (percentage difference between tax rate stated in second
20521773 column of second row and tax rate stated in third column of second
20531774 row)%".
20541775 (e) The third row must appear as follows:
20551776 (1) the first column of the third row must be entitled
20561777 "Average homestead taxable value";
20571778 (2) the second column of the third row must state the
20581779 average taxable value of a residence homestead in the taxing unit
20591780 for the preceding tax year;
20601781 (3) the third column of the third row must state the
20611782 average taxable value of a residence homestead in the taxing unit
20621783 for the current tax year; and
20631784 (4) the fourth column of the third row must state the
20641785 percentage difference between the average taxable value of a
20651786 residence homestead in the taxing unit for the preceding tax year
20661787 and the average taxable value of a residence homestead in the taxing
20671788 unit for the current tax year as follows: "(increase or decrease,
20681789 as applicable) of (percentage difference between amount stated in
20691790 second column of third row and amount stated in third column of
20701791 third row)%".
20711792 (f) The fourth row must appear as follows:
20721793 (1) the first column of the fourth row must be entitled
20731794 "Tax on average homestead";
20741795 (2) the second column of the fourth row must state the
20751796 amount of taxes imposed by the taxing unit in the preceding tax year
20761797 on a residence homestead with a taxable value equal to the average
20771798 taxable value of a residence homestead in the taxing unit in the
20781799 preceding tax year;
20791800 (3) the third column of the fourth row must state the
20801801 amount of taxes that would be imposed by the taxing unit in the
20811802 current tax year on a residence homestead with a taxable value equal
20821803 to the average taxable value of a residence homestead in the taxing
20831804 unit in the current tax year if the taxing unit adopted the proposed
20841805 tax rate; and
20851806 (4) the fourth column of the fourth row must state the
20861807 nominal and percentage difference between the amount of taxes
20871808 imposed by the taxing unit in the preceding tax year on a residence
20881809 homestead with a taxable value equal to the average taxable value of
20891810 a residence homestead in the taxing unit in the preceding tax year
20901811 and the amount of taxes that would be imposed by the taxing unit in
20911812 the current tax year on a residence homestead with a taxable value
20921813 equal to the average taxable value of a residence homestead in the
20931814 taxing unit in the current tax year if the taxing unit adopted the
20941815 proposed tax rate, as follows: "(increase or decrease, as
20951816 applicable) of (nominal difference between amount stated in second
20961817 column of fourth row and amount stated in third column of fourth
20971818 row), or (percentage difference between amount stated in second
20981819 column of fourth row and amount stated in third column of fourth
20991820 row)%".
21001821 (g) The fifth row must appear as follows:
21011822 (1) the first column of the fifth row must be entitled
21021823 "Total tax levy on all properties";
21031824 (2) the second column of the fifth row must state the
21041825 amount equal to last year's levy;
21051826 (3) the third column of the fifth row must state the
21061827 amount computed by multiplying the proposed tax rate by the current
21071828 total value and dividing the product by 100; and
21081829 (4) the fourth column of the fifth row must state the
21091830 nominal and percentage difference between the total amount of taxes
21101831 imposed by the taxing unit in the preceding tax year and the amount
21111832 that would be imposed by the taxing unit in the current tax year if
21121833 the taxing unit adopted the proposed tax rate, as follows:
21131834 "(increase or decrease, as applicable) of (nominal difference
21141835 between amount stated in second column of fifth row and amount
21151836 stated in third column of fifth row), or (percentage difference
21161837 between amount stated in second column of fifth row and amount
21171838 stated in third column of fifth row)%".
21181839 (h) In calculating the average taxable value of a residence
21191840 homestead in the taxing unit for the preceding tax year and the
21201841 current tax year for purposes of Subsections (e) and (f), any
21211842 residence homestead exemption available only to disabled persons,
21221843 persons 65 years of age or older, or their surviving spouses must be
21231844 disregarded.
2124- Sec. 26.063. ALTERNATE PROVISIONS FOR TAX RATE NOTICE WHEN
2125- DE MINIMIS RATE EXCEEDS VOTER-APPROVAL TAX RATE. (a) This section
1845+ Sec. 26.063. ALTERNATE PROVISIONS FOR TAX RATE NOTICE OF
1846+ TAXING UNIT OTHER THAN SPECIAL TAXING UNIT. (a) This section
21261847 applies only to a taxing unit:
2127- (1) that is:
2128- (A) a taxing unit other than a special taxing
2129- unit; or
2130- (B) a municipality with a population of less than
2131- 30,000, regardless of whether it is a special taxing unit;
1848+ (1) that is a taxing unit other than a special taxing
1849+ unit;
21321850 (2) that is required to provide notice under Section
21331851 26.06(b-1) or (b-3); and
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":
21501865 "The de minimis rate is the rate equal to the sum of the
21511866 no-new-revenue maintenance and operations rate for (name of taxing
2152- unit), the rate that will raise $500,000, and the current debt rate
2153- for (name of taxing unit)."; and
2154- (4) substitute the following for the provision that
1867+ unit), the rate that will raise the de minimis amount, and the
1868+ current debt rate for (name of taxing unit)."; and
1869+ (3) substitute the following for the provision that
21551870 provides notice that an election is required: "The proposed tax
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
21981884 as follows:
21991885 (b) The [If the] taxing unit [owns, operates, or controls an
22001886 Internet website, the unit] shall post notice of the public hearing
22011887 prominently on the home page of the Internet website of the taxing
22021888 unit continuously for at least seven days immediately before the
22031889 public hearing on the proposed tax rate increase and at least seven
22041890 days immediately before the date of the vote proposing the increase
22051891 in the tax rate.
2206- SECTION 51. Section 26.07, Tax Code, is amended to read as
1892+ SECTION 41. Section 26.07, Tax Code, is amended to read as
22071893 follows:
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].
22331916 [(b) A petition is valid only if:
22341917 [(1) it states that it is intended to require an
22351918 election in the taxing unit on the question of reducing the tax rate
22361919 for the current year;
22371920 [(2) it is signed by a number of registered voters of
22381921 the taxing unit equal to at least:
22391922 [(A) seven percent of the number of registered
22401923 voters of the taxing unit according to the most recent list of
22411924 registered voters if the tax rate adopted for the current tax year
22421925 would impose taxes for maintenance and operations in an amount of at
22431926 least $5 million; or
22441927 [(B) 10 percent of the number of registered
22451928 voters of the taxing unit according to the most recent official list
22461929 of registered voters if the tax rate adopted for the current tax
22471930 year would impose taxes for maintenance and operations in an amount
22481931 of less than $5 million; and
22491932 [(3) it is submitted to the governing body on or before
22501933 the 90th day after the date on which the governing body adopted the
22511934 tax rate for the current year.]
22521935 (c) The governing body [Not later than the 20th day after
22531936 the day a petition is submitted, the governing body shall determine
22541937 whether or not the petition is valid and pass a resolution stating
22551938 its finding. If the governing body fails to act within the time
22561939 allowed, the petition is treated as if it had been found valid.
22571940 [(d) If the governing body finds that the petition is valid
22581941 (or fails to act within the time allowed), it] shall order that the
22591942 [an] election be held in the taxing unit on the uniform election
22601943 date prescribed by Section 41.001, Election Code, that occurs in
22611944 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.
22811961 (d) [(e)] If a majority of the votes cast [qualified voters
22821962 voting on the question] in the election favor the proposition, the
22831963 tax rate for the [taxing unit for the] current year is the [rollback
22841964 tax] rate that was adopted by the governing body [calculated as
22851965 provided by this chapter; otherwise, the tax rate for the current
22861966 year is the one adopted by the governing body].
22871967 (e) If the proposition is not approved as provided by
2288- Subsection (d), the taxing unit's tax rate for the current tax year
2289- is the taxing unit's voter-approval tax rate.
1968+ Subsection (d), the governing body may not adopt a tax rate for the
1969+ taxing unit for the current year that exceeds the taxing unit's
1970+ rollback tax rate.
22901971 (f) If, [the tax rate is reduced by an election called under
22911972 this section] after tax bills for the taxing unit have been [are]
22921973 mailed, a proposition to approve the taxing unit's adopted tax rate
22931974 is not approved by the voters of the taxing unit at an election held
2294- under this section, the assessor for the taxing unit shall prepare
2295- and mail corrected tax bills. The assessor [He] shall include with
2296- the bill a brief explanation of the reason for and effect of the
2297- corrected bill. [The date on which the taxes become delinquent for
2298- the year is extended by a number of days equal to the number of days
2299- between the date the first tax bills were sent and the date the
2300- corrected tax bills were sent.]
1975+ under this section, on subsequent adoption of a new tax rate by the
1976+ governing body of the taxing unit, the assessor for the taxing unit
1977+ shall prepare and mail corrected tax bills. The assessor [He] shall
1978+ include with the bill a brief explanation of the reason for and
1979+ effect of the corrected bill. The date on which the taxes become
1980+ delinquent for the year is extended by a number of days equal to the
1981+ number of days between the date the first tax bills were sent and
1982+ the date the corrected tax bills were sent.
23011983 (g) If a property owner pays taxes calculated using the
23021984 originally adopted [higher] tax rate of the taxing unit and the
23031985 proposition to approve the adopted tax rate is not approved by
23041986 voters [when the rate is reduced by an election called under this
23051987 section], the taxing unit shall refund the difference between the
2306- amount of taxes paid and the amount due under the voter-approval tax
2307- [reduced] rate if the difference between the amount of taxes paid
2308- and the amount due under the voter-approval tax [reduced] rate is $1
2309- or more. If the difference between the amount of taxes paid and the
2310- amount due under the voter-approval tax [reduced] rate is less than
2311- $1, the taxing unit shall refund the difference on request of the
1988+ amount of taxes paid and the amount due under the subsequently
1989+ adopted [reduced] rate if the difference between the amount of
1990+ taxes paid and the amount due under the subsequent [reduced] rate is
1991+ $1 or more. If the difference between the amount of taxes paid and
1992+ the amount due under the subsequent [reduced] rate is less than $1,
1993+ the taxing unit shall refund the difference on request of the
23121994 taxpayer. An application for a refund of less than $1 must be made
23131995 within 90 days after the date the refund becomes due or the taxpayer
23141996 forfeits the right to the refund.
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
24061998 as follows:
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
24202035 amended to read as follows:
24212036 Sec. 26.16. POSTING OF TAX-RELATED INFORMATION [TAX RATES]
24222037 ON COUNTY'S INTERNET WEBSITE.
2423- SECTION 56. Section 26.16, Tax Code, is amended by amending
2038+ SECTION 44. Section 26.16, Tax Code, is amended by amending
24242039 Subsections (a) and (d) and adding Subsections (a-1), (d-1), and
24252040 (d-2) to read as follows:
24262041 (a) Each county shall maintain an Internet website. The
24272042 county assessor-collector for each county [that maintains an
24282043 Internet website] shall post on the Internet website maintained by
24292044 [of] the county the following information for the most recent five
24302045 tax years [beginning with the 2012 tax year] for each taxing unit
24312046 all or part of the territory of which is located in the county:
24322047 (1) the adopted tax rate;
24332048 (2) the maintenance and operations rate;
24342049 (3) the debt rate;
24352050 (4) the no-new-revenue [effective] tax rate;
24362051 (5) the no-new-revenue [effective] maintenance and
24372052 operations rate; and
2438- (6) the voter-approval [rollback] tax rate.
2053+ (6) the rollback tax rate.
24392054 (a-1) For purposes of Subsection (a), a reference to the
24402055 no-new-revenue tax rate or the no-new-revenue maintenance and
24412056 operations rate includes the equivalent effective tax rate or
24422057 effective maintenance and operations rate for a preceding year.
24432058 This subsection expires January 1, 2026.
24442059 (d) The county assessor-collector shall post immediately
24452060 below the table prescribed by Subsection (c) the following
24462061 statement:
24472062 "The county is providing this table of property tax rate
24482063 information as a service to the residents of the county. Each
24492064 individual taxing unit is responsible for calculating the property
24502065 tax rates listed in this table pertaining to that taxing unit and
24512066 providing that information to the county.
24522067 "The adopted tax rate is the tax rate adopted by the governing
24532068 body of a taxing unit.
24542069 "The maintenance and operations rate is the component of the
24552070 adopted tax rate of a taxing unit that will impose the amount of
24562071 taxes needed to fund maintenance and operation expenditures of the
24572072 taxing unit for the following year.
24582073 "The debt rate is the component of the adopted tax rate of a
24592074 taxing unit that will impose the amount of taxes needed to fund the
24602075 taxing unit's debt service for the following year.
24612076 "The no-new-revenue [effective] tax rate is the tax rate that
24622077 would generate the same amount of revenue in the current tax year as
24632078 was generated by a taxing unit's adopted tax rate in the preceding
24642079 tax year from property that is taxable in both the current tax year
24652080 and the preceding tax year.
24662081 "The no-new-revenue [effective] maintenance and operations
24672082 rate is the tax rate that would generate the same amount of revenue
24682083 for maintenance and operations in the current tax year as was
24692084 generated by a taxing unit's maintenance and operations rate in the
24702085 preceding tax year from property that is taxable in both the current
24712086 tax year and the preceding tax year.
2472- "The voter-approval [rollback] tax rate is the highest tax
2473- rate a taxing unit may adopt before requiring voter approval at an
2474- election. An [In the case of a taxing unit other than a school
2475- district, the voters by petition may require that a rollback
2476- election be held if the unit adopts a tax rate in excess of the
2477- unit's rollback tax rate. In the case of a school district, an]
2478- election will automatically be held if a taxing unit [the district]
2479- wishes to adopt a tax rate in excess of the taxing unit's
2480- voter-approval [district's rollback] tax rate."
2087+ "The rollback tax rate is the highest tax rate a taxing unit
2088+ may adopt before requiring voter approval at an election. An [In
2089+ the case of a taxing unit other than a school district, the voters
2090+ by petition may require that a rollback election be held if the unit
2091+ adopts a tax rate in excess of the unit's rollback tax rate. In the
2092+ case of a school district, an] election will automatically be held
2093+ if a taxing unit [the district] wishes to adopt a tax rate in excess
2094+ of the taxing unit's [district's] rollback tax rate."
24812095 (d-1) In addition to posting the information described by
24822096 Subsection (a), the county assessor-collector shall post on the
24832097 Internet website of the county for each taxing unit all or part of
24842098 the territory of which is located in the county:
24852099 (1) the tax rate calculation forms used by the
24862100 designated officer or employee of each taxing unit to calculate the
2487- no-new-revenue and voter-approval tax rates of the taxing unit for
2488- the most recent five tax years beginning with the 2020 tax year, as
2101+ no-new-revenue and rollback tax rates of the taxing unit for the
2102+ most recent five tax years beginning with the 2020 tax year, as
24892103 certified by the designated officer or employee under Section
24902104 26.04(d-2); and
24912105 (2) the name and official contact information for each
24922106 member of the governing body of the taxing unit.
2493- (d-2) By August 7 or as soon thereafter as practicable, the
2494- county assessor-collector shall post on the website the tax rate
2107+ (d-2) Not later than August 1, the county
2108+ assessor-collector shall post on the website the tax rate
24952109 calculation forms described by Subsection (d-1)(1) for the current
24962110 tax year.
2497- SECTION 57. Chapter 26, Tax Code, is amended by adding
2111+ SECTION 45. Chapter 26, Tax Code, is amended by adding
24982112 Sections 26.17 and 26.18 to read as follows:
24992113 Sec. 26.17. DATABASE OF PROPERTY-TAX-RELATED INFORMATION.
2500- (a) The chief appraiser of each appraisal district shall create
2501- and maintain a property tax database that:
2114+ (a) The chief appraiser of each appraisal district shall create and
2115+ maintain a property tax database that:
25022116 (1) is identified by the name of the county in which
25032117 the appraisal district is established instead of the name of the
25042118 appraisal district;
25052119 (2) contains information that is provided by
25062120 designated officers or employees of the taxing units that are
25072121 located in the appraisal district in the manner required by the
25082122 comptroller;
25092123 (3) is continuously updated as preliminary and revised
25102124 data become available to and are provided by the designated
25112125 officers or employees of taxing units;
2512- (4) is accessible to the public;
2126+ (4) is accessible to the public; and
25132127 (5) is searchable by property address and owner,
25142128 except to the extent that access to the information in the database
2515- is restricted by Section 25.025 or 25.026; and
2516- (6) includes the following statement: "The 86th Texas
2517- Legislature modified the manner in which the voter-approval tax
2518- rate is calculated to limit the rate of growth of property taxes in
2519- the state.".
2129+ is restricted by Section 25.025 or 25.026.
25202130 (b) The database must include, with respect to each property
25212131 listed on the appraisal roll for the appraisal district:
25222132 (1) the property's identification number;
25232133 (2) the property's market value;
25242134 (3) the property's taxable value;
25252135 (4) the name of each taxing unit in which the property
25262136 is located;
25272137 (5) for each taxing unit other than a school district
25282138 in which the property is located:
25292139 (A) the no-new-revenue tax rate; and
2530- (B) the voter-approval tax rate;
2140+ (B) the rollback tax rate;
25312141 (6) for each school district in which the property is
25322142 located:
25332143 (A) the tax rate that would maintain the same
25342144 amount of state and local revenue per weighted student that the
25352145 district received in the school year beginning in the preceding tax
25362146 year; and
2537- (B) the voter-approval tax rate;
2147+ (B) the rollback tax rate;
25382148 (7) the tax rate proposed by the governing body of each
25392149 taxing unit in which the property is located;
25402150 (8) for each taxing unit other than a school district
25412151 in which the property is located, the taxes that would be imposed on
25422152 the property if the taxing unit adopted a tax rate equal to:
25432153 (A) the no-new-revenue tax rate; and
25442154 (B) the proposed tax rate;
25452155 (9) for each school district in which the property is
25462156 located, the taxes that would be imposed on the property if the
25472157 district adopted a tax rate equal to:
25482158 (A) the tax rate that would maintain the same
25492159 amount of state and local revenue per weighted student that the
25502160 district received in the school year beginning in the preceding tax
25512161 year; and
25522162 (B) the proposed tax rate;
25532163 (10) for each taxing unit other than a school district
25542164 in which the property is located, the difference between the amount
25552165 calculated under Subdivision (8)(A) and the amount calculated under
25562166 Subdivision (8)(B);
25572167 (11) for each school district in which the property is
25582168 located, the difference between the amount calculated under
25592169 Subdivision (9)(A) and the amount calculated under Subdivision
25602170 (9)(B);
25612171 (12) the date, time, and location of the public
25622172 hearing, if applicable, on the proposed tax rate to be held by the
25632173 governing body of each taxing unit in which the property is located;
25642174 (13) the date, time, and location of the public
25652175 meeting, if applicable, at which the tax rate will be adopted to be
25662176 held by the governing body of each taxing unit in which the property
25672177 is located; and
25682178 (14) for each taxing unit in which the property is
25692179 located, an e-mail address at which the taxing unit is capable of
25702180 receiving written comments regarding the proposed tax rate of the
25712181 taxing unit.
25722182 (c) The database must provide a link to the Internet website
25732183 used by each taxing unit in which the property is located to post
25742184 the information described by Section 26.18.
25752185 (d) The database must allow the property owner to
25762186 electronically complete and submit to a taxing unit in which the
25772187 owner's property is located a form on which the owner may provide
25782188 the owner's opinion as to whether the tax rate proposed by the
25792189 governing body of the taxing unit should be adopted. The form must
25802190 require the owner to provide the owner's name and contact
25812191 information and the physical address of the owner's property
25822192 located in the taxing unit. The database must allow a property
25832193 owner to complete and submit the form at any time during the period
25842194 beginning on the date the governing body of the taxing unit proposes
25852195 the tax rate for that tax year and ending on the date the governing
25862196 body adopts a tax rate for that tax year.
25872197 (e) The officer or employee designated by the governing body
25882198 of each taxing unit in which the property is located to calculate
2589- the no-new-revenue tax rate and the voter-approval tax rate for the
2590- taxing unit must electronically incorporate into the database:
2199+ the no-new-revenue tax rate and the rollback tax rate for the taxing
2200+ unit must electronically incorporate into the database:
25912201 (1) the information described by Subsections (b)(5),
25922202 (6), (7), (12), and (13), as applicable, as the information becomes
25932203 available; and
25942204 (2) the tax rate calculation forms prepared under
25952205 Section 26.04(d-1) at the same time the designated officer or
25962206 employee submits the tax rates to the governing body of the taxing
25972207 unit under Section 26.04(e).
25982208 (f) The chief appraiser shall make the information
25992209 described by Subsection (e)(1) and the tax rate calculation forms
26002210 described by Subsection (e)(2) available to the public not later
26012211 than the third business day after the date the information and forms
26022212 are incorporated into the database.
26032213 Sec. 26.18. POSTING OF TAX RATE AND BUDGET INFORMATION BY
26042214 TAXING UNIT ON WEBSITE. Each taxing unit shall maintain an Internet
26052215 website or have access to a generally accessible Internet website
26062216 that may be used for the purposes of this section. Each taxing unit
26072217 shall post or cause to be posted on the Internet website the
26082218 following information in a format prescribed by the comptroller:
26092219 (1) the name of each member of the governing body of
26102220 the taxing unit;
26112221 (2) the mailing address, e-mail address, and telephone
26122222 number of the taxing unit;
26132223 (3) the official contact information for each member
26142224 of the governing body of the taxing unit, if that information is
26152225 different from the information described by Subdivision (2);
26162226 (4) the taxing unit's budget for the preceding two
26172227 years;
26182228 (5) the taxing unit's proposed or adopted budget for
26192229 the current year;
26202230 (6) the change in the amount of the taxing unit's
26212231 budget from the preceding year to the current year, by dollar amount
26222232 and percentage;
26232233 (7) in the case of a taxing unit other than a school
26242234 district, the amount of property tax revenue budgeted for
26252235 maintenance and operations for:
26262236 (A) the preceding two years; and
26272237 (B) the current year;
26282238 (8) in the case of a taxing unit other than a school
26292239 district, the amount of property tax revenue budgeted for debt
26302240 service for:
26312241 (A) the preceding two years; and
26322242 (B) the current year;
26332243 (9) the tax rate for maintenance and operations
26342244 adopted by the taxing unit for the preceding two years;
26352245 (10) in the case of a taxing unit other than a school
26362246 district, the tax rate for debt service adopted by the taxing unit
26372247 for the preceding two years;
26382248 (11) in the case of a school district, the interest and
26392249 sinking fund tax rate adopted by the district for the preceding two
26402250 years;
26412251 (12) the tax rate for maintenance and operations
26422252 proposed by the taxing unit for the current year;
26432253 (13) in the case of a taxing unit other than a school
26442254 district, the tax rate for debt service proposed by the taxing unit
26452255 for the current year;
26462256 (14) in the case of a school district, the interest and
26472257 sinking fund tax rate proposed by the district for the current year;
26482258 and
26492259 (15) the most recent financial audit of the taxing
26502260 unit.
2651- SECTION 58. Sections 31.12(a) and (b), Tax Code, are
2652- amended to read as follows:
2653- (a) If a refund of a tax provided by Section 11.431(b),
2654- 26.07(g), 26.075(k), 26.15(f), 31.11, 31.111, or 31.112 is paid on
2655- or before the 60th day after the date the liability for the refund
2656- arises, no interest is due on the amount refunded. If not paid on
2657- or before that 60th day, the amount of the tax to be refunded
2658- accrues interest at a rate of one percent for each month or part of a
2659- month that the refund is unpaid, beginning with the date on which
2660- the liability for the refund arises.
2261+ SECTION 46. Section 31.12(b), Tax Code, is amended to read
2262+ as follows:
26612263 (b) For purposes of this section, liability for a refund
26622264 arises:
26632265 (1) if the refund is required by Section 11.431(b), on
26642266 the date the chief appraiser notifies the collector for the taxing
26652267 unit of the approval of the late homestead exemption;
2666- (2) if the refund is required by Section 26.07(g) or
2667- 26.075(k), on the date the results of the election to approve or
2668- reduce the tax rate, as applicable, are certified;
2268+ (2) if the refund is required by Section 26.07(g), on
2269+ the date the subsequent tax rate is adopted [results of the election
2270+ to reduce the tax rate are certified];
26692271 (3) if the refund is required by Section 26.15(f):
26702272 (A) for a correction to the tax roll made under
26712273 Section 26.15(b), on the date the change in the tax roll is
26722274 certified to the assessor for the taxing unit under Section 25.25;
26732275 or
26742276 (B) for a correction to the tax roll made under
26752277 Section 26.15(c), on the date the change in the tax roll is ordered
26762278 by the governing body of the taxing unit;
26772279 (4) if the refund is required by Section 31.11, on the
26782280 date the auditor for the taxing unit determines that the payment was
26792281 erroneous or excessive or, if the amount of the refund exceeds the
26802282 applicable amount specified by Section 31.11(a), on the date the
26812283 governing body of the taxing unit approves the refund;
26822284 (5) if the refund is required by Section 31.111, on the
26832285 date the collector for the taxing unit determines that the payment
26842286 was erroneous; or
26852287 (6) if the refund is required by Section 31.112, on the
26862288 date required by Section 31.112(d) or (e), as applicable.
2687- SECTION 59. Section 33.08(b), Tax Code, is amended to read
2688- as follows:
2689- (b) The governing body of the taxing unit or appraisal
2690- district, in the manner required by law for official action, may
2691- provide that taxes that become delinquent on or after June 1 under
2692- Section 26.075(j) [26.07(f)], 26.15(e), 31.03, 31.031, 31.032,
2693- 31.04, or 42.42 incur an additional penalty to defray costs of
2694- collection. The amount of the penalty may not exceed the amount of
2695- the compensation specified in the applicable contract with an
2696- attorney under Section 6.30 to be paid in connection with the
2697- collection of the delinquent taxes.
2698- SECTION 60. Section 41.03(a), Tax Code, is amended to read
2289+ SECTION 47. Section 41.03(a), Tax Code, is amended to read
26992290 as follows:
27002291 (a) A taxing unit is entitled to challenge before the
27012292 appraisal review board:
27022293 (1) [the level of appraisals of any category of
27032294 property in the district or in any territory in the district, but
27042295 not the appraised value of a single taxpayer's property;
27052296 [(2)] an exclusion of property from the appraisal
27062297 records;
27072298 (2) [(3)] a grant in whole or in part of a partial
27082299 exemption;
27092300 (3) [(4)] a determination that land qualifies for
27102301 appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or
27112302 (4) [(5)] failure to identify the taxing unit as one
27122303 in which a particular property is taxable.
2713- SECTION 61. Section 41.44(d), Tax Code, is amended to read
2304+ SECTION 48. Section 41.44(d), Tax Code, is amended to read
27142305 as follows:
27152306 (d) A notice of protest is sufficient if it identifies the
27162307 protesting property owner, including a person claiming an ownership
27172308 interest in the property even if that person is not listed on the
27182309 appraisal records as an owner of the property, identifies the
27192310 property that is the subject of the protest, and indicates apparent
27202311 dissatisfaction with some determination of the appraisal office.
27212312 The notice need not be on an official form, but the comptroller
27222313 shall prescribe a form that provides for more detail about the
27232314 nature of the protest. The form must permit a property owner to
27242315 include each property in the appraisal district that is the subject
27252316 of a protest. The form must permit a property owner to request that
27262317 the protest be heard by a special panel established under Section
27272318 6.425 if the protest will be determined by an appraisal review board
27282319 to which that section applies and the property is included in a
27292320 classification described by Section 6.425(b). The comptroller,
27302321 each appraisal office, and each appraisal review board shall make
27312322 the forms readily available and deliver one to a property owner on
27322323 request.
2733- SECTION 62. Section 41.45, Tax Code, is amended by amending
2324+ SECTION 49. Section 41.45, Tax Code, is amended by amending
27342325 Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to
27352326 read as follows:
27362327 (d) This subsection does not apply to a special panel
27372328 established under Section 6.425. An appraisal review board
27382329 consisting of more than three members may sit in panels of not fewer
27392330 than three members to conduct protest hearings. [However, the
27402331 determination of a protest heard by a panel must be made by the
27412332 board.] If the recommendation of a panel is not accepted by the
27422333 board, the board may refer the matter for rehearing to a panel
27432334 composed of members who did not hear the original protest [hearing]
27442335 or, if there are not at least three members who did not hear the
27452336 original protest, the board may determine the protest. [Before
27462337 determining a protest or conducting a rehearing before a new panel
27472338 or the board, the board shall deliver notice of the hearing or
27482339 meeting to determine the protest in accordance with the provisions
27492340 of this subchapter.]
27502341 (d-1) An appraisal review board to which Section 6.425
27512342 applies shall sit in special panels established under that section
27522343 to conduct protest hearings. A special panel may conduct a protest
27532344 hearing relating to property only if the property is described by
27542345 Section 6.425(b) and the property owner has requested that a
27552346 special panel conduct the hearing or if the protest is assigned to
27562347 the special panel under Section 6.425(f). If the recommendation of
27572348 a special panel is not accepted by the board, the board may refer
27582349 the matter for rehearing to another special panel composed of
27592350 members who did not hear the original protest or, if there are not
27602351 at least three other special panel members who did not hear the
27612352 original protest, the board may determine the protest.
27622353 (d-2) The determination of a protest heard by a panel under
27632354 Subsection (d) or (d-1) must be made by the board.
27642355 (d-3) The board must deliver notice of a hearing or meeting
27652356 to determine a protest heard by a panel, or to rehear a protest,
27662357 under Subsection (d) or (d-1) in accordance with the provisions of
27672358 this subchapter.
2768- SECTION 63. Section 41.46(a), Tax Code, is amended to read
2359+ SECTION 50. Section 41.46(a), Tax Code, is amended to read
27692360 as follows:
27702361 (a) The appraisal review board before which a protest
27712362 hearing is scheduled shall deliver written notice to the property
27722363 owner initiating a protest not later than the 15th day before the
27732364 date of the hearing. The notice must include:
27742365 (1) [of] the date, time, and place of [fixed for] the
27752366 hearing;
27762367 (2) a description of the subject matter of the hearing
27772368 that is sufficient to identify the specific action being protested,
27782369 such as:
27792370 (A) the determination of the appraised value of
27802371 the property owner's property;
27812372 (B) the denial to the property owner in whole or
27822373 in part of a partial exemption; or
27832374 (C) the determination that the property owner's
27842375 land does not qualify for appraisal as provided by Subchapter C, D,
27852376 E, or H, Chapter 23; and
27862377 (3) a statement that [on the protest and of] the
27872378 property owner is entitled [owner's entitlement] to a postponement
27882379 of the hearing as provided by Section 41.45 unless the property
27892380 owner waives in writing notice of the hearing. [The board shall
27902381 deliver the notice not later than the 15th day before the date of
27912382 the hearing.]
2792- SECTION 64. Section 41.461, Tax Code, is amended to read as
2383+ SECTION 51. Section 41.461, Tax Code, is amended to read as
27932384 follows:
27942385 Sec. 41.461. NOTICE OF CERTAIN MATTERS BEFORE HEARING;
27952386 DELIVERY OF REQUESTED INFORMATION. (a) At least 14 days before a
27962387 hearing on a protest, the chief appraiser shall:
27972388 (1) deliver a copy of the pamphlet prepared by the
27982389 comptroller under Section 5.06 [5.06(a)] to the property owner
27992390 initiating the protest [if the owner is representing himself], or
28002391 to an agent representing the owner if requested by the agent;
28012392 (2) inform the property owner that the owner or the
28022393 agent of the owner is entitled on request to [may inspect and may
28032394 obtain] a copy of the data, schedules, formulas, and all other
28042395 information the chief appraiser will [plans to] introduce at the
28052396 hearing to establish any matter at issue; and
28062397 (3) deliver a copy of the hearing procedures
28072398 established by the appraisal review board under Section 41.66 to
28082399 the property owner.
28092400 (b) The chief appraiser may not charge a property owner or
28102401 the designated agent of the owner for copies provided to the [an]
28112402 owner or designated agent under this section, regardless of the
28122403 manner in which the copies are prepared or delivered [may not exceed
28132404 the charge for copies of public information as provided under
28142405 Subchapter F, Chapter 552, Government Code, except:
28152406 [(1) the total charge for copies provided in
28162407 connection with a protest of the appraisal of residential property
28172408 may not exceed $15 for each residence; and
28182409 [(2) the total charge for copies provided in
28192410 connection with a protest of the appraisal of a single unit of
28202411 property subject to appraisal, other than residential property, may
28212412 not exceed $25].
28222413 (c) A chief appraiser shall deliver information requested
28232414 by a property owner or the agent of the owner under Subsection
28242415 (a)(2):
28252416 (1) by regular first-class mail, deposited in the
28262417 United States mail, postage prepaid, and addressed to the property
28272418 owner or agent at the address provided in the request for the
28282419 information;
28292420 (2) in an electronic format as provided by an
28302421 agreement under Section 1.085; or
28312422 (3) subject to Subsection (d), by referring the
28322423 property owner or the agent of the owner to a secure Internet
28332424 website with user registration and authentication or to the exact
28342425 Internet location or uniform resource locator (URL) address on an
28352426 Internet website maintained by the appraisal district on which the
28362427 requested information is identifiable and readily available.
28372428 (d) If a chief appraiser provides a property owner or the
28382429 designated agent of the owner information under Subsection (c)(3),
28392430 the notice must contain a statement in a conspicuous font that
28402431 clearly indicates that the property owner or the agent of the owner
28412432 may on request receive the information by regular first-class mail
28422433 or in person at the appraisal office. On request by a property
28432434 owner or the agent of the owner, the chief appraiser must provide
28442435 the information by regular first-class mail or in person at the
28452436 appraisal office.
2846- SECTION 65. Section 41.47, Tax Code, is amended by adding
2847- Subsections (c-2), (f), and (g) and amending Subsections (d) and
2848- (e) to read as follows:
2437+ SECTION 52. Section 41.47, Tax Code, is amended by adding
2438+ Subsections (c-2) and (f) and amending Subsections (d) and (e) to
2439+ read as follows:
28492440 (c-2) The board may not determine the appraised value of the
28502441 property that is the subject of a protest to be an amount greater
28512442 than the appraised value of the property as shown in the appraisal
28522443 records submitted to the board by the chief appraiser under Section
2853- 25.22 or 25.23, except as requested and agreed to by the property
2854- owner. This subsection does not apply if the action being protested
2855- is the cancellation, modification, or denial of an exemption or the
2856- determination that the property does not qualify for appraisal as
2857- provided by Subchapter C, D, E, or H, Chapter 23.
2444+ 25.22 or 25.23. This subsection does not apply if the action being
2445+ protested is the cancellation, modification, or denial of an
2446+ exemption or the determination that the property does not qualify
2447+ for appraisal as provided by Subchapter C, D, E, or H, Chapter 23.
28582448 (d) The board shall deliver by certified mail:
28592449 (1) a notice of issuance of the order and a copy of the
28602450 order to the property owner and the chief appraiser; and
28612451 (2) a copy of the appraisal review board survey
28622452 prepared under Section 5.104 and instructions for completing and
28632453 submitting the survey to the property owner.
28642454 (e) The notice of the issuance of the order must contain a
28652455 prominently printed statement in upper-case bold lettering
28662456 informing the property owner in clear and concise language of the
28672457 property owner's right to appeal the order of the board [board's
28682458 decision] to district court. The statement must describe the
28692459 deadline prescribed by Section 42.06(a) [of this code] for filing a
28702460 written notice of appeal[,] and the deadline prescribed by Section
28712461 42.21(a) [of this code] for filing the petition for review with the
28722462 district court.
28732463 (f) The appraisal review board shall take the actions
28742464 required by Subsections (a) and (d) not later than:
28752465 (1) the 30th day after the date the hearing on the
28762466 protest is concluded, if the board is established for an appraisal
28772467 district located in a county with a population of less than four
28782468 million; or
28792469 (2) the 45th day after the date the hearing on the
28802470 protest is concluded, if the board is established for an appraisal
28812471 district located in a county with a population of four million or
28822472 more.
2883- (g) The chief appraiser and the property owner or the
2884- designated agent of the owner may file a joint motion with the
2885- appraisal review board notifying the board that the chief appraiser
2886- and the property owner or the designated agent of the owner have
2887- agreed to a disposition of the protest and requesting the board to
2888- issue an agreed order. The joint motion must contain the terms of
2889- the disposition of the protest. The board shall issue the agreed
2890- order not later than the fifth day after the date on which the joint
2891- motion is filed with the board. The chief appraiser and the
2892- property owner or the designated agent of the owner may provide in
2893- the joint motion that the agreed order is appealable in the same
2894- manner as any other order issued by the board under this section.
2895- SECTION 66. Section 41.66, Tax Code, is amended by amending
2473+ SECTION 53. Section 41.66, Tax Code, is amended by amending
28962474 Subsections (h), (i), (j), and (k) and adding Subsections (j-1),
2897- (j-2), (k-1), and (p) to read as follows:
2475+ (k-1), and (p) to read as follows:
28982476 (h) The appraisal review board shall postpone a hearing on a
28992477 protest if the property owner or the designated agent of the owner
29002478 requests additional time to prepare for the hearing and establishes
29012479 to the board that the chief appraiser failed to comply with Section
29022480 41.461. The board is not required to postpone a hearing more than
29032481 one time under this subsection.
29042482 (i) A hearing on a protest filed by a property owner or the
29052483 designated agent of the owner [who is not represented by an agent
29062484 designated under Section 1.111] shall be set for a time and date
29072485 certain. If the hearing is not commenced within two hours of the
29082486 time set for the hearing, the appraisal review board shall postpone
29092487 the hearing on the request of the property owner or the designated
29102488 agent of the owner.
29112489 (j) On the request of a property owner or the [a] designated
29122490 agent of the owner, an appraisal review board shall schedule
29132491 hearings on protests concerning up to 20 designated properties to
29142492 be held consecutively on the same day. The designated properties
29152493 must be identified in the same notice of protest, and the notice
29162494 must contain in boldfaced type the statement "request for same-day
29172495 protest hearings." A property owner or the designated agent of the
29182496 owner may [not] file more than one request under this subsection
29192497 with the appraisal review board in the same tax year. The appraisal
29202498 review board may schedule hearings on protests concerning more than
29212499 20 properties filed by the same property owner or the designated
29222500 agent of the owner and may use different panels to conduct the
29232501 hearings based on the board's customary scheduling. The appraisal
29242502 review board may follow the practices customarily used by the board
29252503 in the scheduling of hearings under this subsection.
29262504 (j-1) An appraisal review board may schedule the hearings on
29272505 all protests filed by a property owner or the designated agent of
29282506 the owner to be held consecutively. The notice of the hearings must
29292507 state the date and time that the first hearing will begin, state the
29302508 date the last hearing will end, and list the order in which the
29312509 hearings will be held. The order of the hearings listed in the
29322510 notice may not be changed without the agreement of the property
29332511 owner or the designated agent of the owner, the chief appraiser, and
29342512 the appraisal review board. The board may not reschedule a hearing
29352513 for which notice is given under this subsection to a date earlier
29362514 than the seventh day after the date the last hearing was scheduled
29372515 to end unless agreed to by the property owner or the designated
29382516 agent of the owner, the chief appraiser, and the appraisal review
29392517 board. Unless agreed to by the parties, the board must provide
29402518 written notice of the date and time of the rescheduled hearing to
29412519 the property owner or the designated agent of the owner not later
29422520 than the seventh day before the date of the hearing.
2943- (j-2) An appraisal review board must schedule a hearing on a
2944- protest filed by a property owner who is 65 years of age or older,
2945- disabled, a military service member, a military veteran, or the
2946- spouse of a military service member or military veteran before
2947- scheduling a hearing on a protest filed by a designated agent of a
2948- property owner.
29492521 (k) This subsection does not apply to a special panel
29502522 established under Section 6.425. If an appraisal review board sits
29512523 in panels to conduct protest hearings, protests shall be randomly
29522524 assigned to panels, except that the board may consider the type of
29532525 property subject to the protest or the ground of the protest for the
29542526 purpose of using the expertise of a particular panel in hearing
29552527 protests regarding particular types of property or based on
29562528 particular grounds. If a protest is scheduled to be heard by a
29572529 particular panel, the protest may not be reassigned to another
29582530 panel without the consent of the property owner or the designated
29592531 agent of the owner. If the appraisal review board has cause to
29602532 reassign a protest to another panel, a property owner or the
29612533 designated agent of the owner may agree to reassignment of the
29622534 protest or may request that the hearing on the protest be postponed.
29632535 The board shall postpone the hearing on that request. A change of
29642536 members of a panel because of a conflict of interest, illness, or
29652537 inability to continue participating in hearings for the remainder
29662538 of the day does not constitute reassignment of a protest to another
29672539 panel.
29682540 (k-1) On the request of a property owner or the designated
29692541 agent of the owner, an appraisal review board to which Section 6.425
29702542 applies shall assign a protest relating to property described by
29712543 Section 6.425(b) to a special panel. In addition, the chairman of
29722544 the appraisal review board may assign a protest relating to
29732545 property not described by Section 6.425(b) to a special panel as
29742546 authorized by Section 6.425(f), but only if the assignment is
29752547 requested or consented to by the property owner or the designated
29762548 agent of the owner. Protests assigned to special panels shall be
29772549 randomly assigned to those panels. If a protest is scheduled to be
29782550 heard by a particular special panel, the protest may not be
29792551 reassigned to another special panel without the consent of the
29802552 property owner or the designated agent of the owner. If the board
29812553 has cause to reassign a protest to another special panel, a property
29822554 owner or the designated agent of the owner may agree to reassignment
29832555 of the protest or may request that the hearing on the protest be
29842556 postponed. The board shall postpone the hearing on that request. A
29852557 change of members of a special panel because of a conflict of
29862558 interest, illness, or inability to continue participating in
29872559 hearings for the remainder of the day does not constitute
29882560 reassignment of a protest to another special panel.
29892561 (p) At the end of a hearing on a protest, the appraisal
29902562 review board shall provide the property owner or the designated
29912563 agent of the owner one or more documents indicating that the members
29922564 of the board hearing the protest signed the affidavit required by
29932565 Subsection (g).
2994- SECTION 67. Section 41.67(d), Tax Code, is amended to read
2566+ SECTION 54. Section 41.67(d), Tax Code, is amended to read
29952567 as follows:
29962568 (d) Information that was previously requested under Section
29972569 41.461 by the protesting party that was not delivered [made
29982570 available] to the protesting party at least 14 days before the
29992571 scheduled or postponed hearing may not be used or offered in any
30002572 form as evidence in the hearing, including as a document or through
30012573 argument or testimony. This subsection does not apply to
30022574 information offered to rebut evidence or argument presented at the
30032575 hearing by the protesting party or that party's designated agent.
3004- SECTION 68. Section 41.71, Tax Code, is amended to read as
2576+ SECTION 55. Section 41.71, Tax Code, is amended to read as
30052577 follows:
30062578 Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An
30072579 appraisal review board by rule shall provide for hearings on
30082580 protests [in the evening or] on a Saturday or after 5 p.m. on a
30092581 weekday [Sunday].
30102582 (b) The board may not schedule:
30112583 (1) the first hearing on a protest held on a weekday
30122584 evening to begin after 7 p.m.; or
30132585 (2) a hearing on a protest on a Sunday.
3014- SECTION 69. Section 41A.03(a-1), Tax Code, is amended to
3015- read as follows:
3016- (a-1) If a property owner requests binding arbitration
3017- under this chapter to appeal appraisal review board orders
3018- involving two or more contiguous tracts of land that are owned by
3019- the property owner [contiguous to one another], a single
3020- arbitration deposit in the amount provided by Subsection (a)(2) is
3021- sufficient to satisfy the requirement of Subsection (a)(2). For
3022- purposes of this subsection, "contiguous tracts of land" means
3023- improved or unimproved tracts of land that are touching or that
3024- share a common boundary, as determined using appraisal district
3025- records or legal descriptions of the tracts.
3026- SECTION 70. Section 41A.06(b), Tax Code, is amended to read
2586+ SECTION 56. Section 41A.06(b), Tax Code, is amended to read
30272587 as follows:
30282588 (b) To initially qualify to serve as an arbitrator under
30292589 this chapter, a person must:
30302590 (1) meet the following requirements, as applicable:
30312591 (A) be licensed as an attorney in this state; or
30322592 (B) have:
30332593 (i) completed at least 30 hours of training
30342594 in arbitration and alternative dispute resolution procedures from a
30352595 university, college, or legal or real estate trade association; and
30362596 (ii) been licensed or certified
30372597 continuously during the five years preceding the date the person
30382598 agrees to serve as an arbitrator as:
30392599 (a) a real estate broker or sales
30402600 agent under Chapter 1101, Occupations Code;
30412601 (b) a real estate appraiser under
30422602 Chapter 1103, Occupations Code; or
30432603 (c) a certified public accountant
30442604 under Chapter 901, Occupations Code; [and]
30452605 (2) complete the courses for training and education of
30462606 appraisal review board members established under Sections 5.041(a)
30472607 and (e-1) and be issued a certificate for each course indicating
30482608 course completion;
30492609 (3) complete the training program on property tax law
30502610 for the training and education of arbitrators established under
30512611 Section 5.043; and
30522612 (4) agree to conduct an arbitration for a fee that is
30532613 not more than:
30542614 (A) $400, if the property qualifies as the
30552615 owner's residence homestead under Section 11.13 and the appraised
30562616 or market value, as applicable, of the property is $500,000 or less,
30572617 as determined by the order;
30582618 (B) $450, if the property qualifies as the
30592619 owner's residence homestead under Section 11.13 and the appraised
30602620 or market value, as applicable, of the property is more than
30612621 $500,000, as determined by the order;
30622622 (C) $450, if the property does not qualify as the
30632623 owner's residence homestead under Section 11.13 and the appraised
30642624 or market value, as applicable, of the property is $1 million or
30652625 less, as determined by the order;
30662626 (D) $750, if the property does not qualify as the
30672627 owner's residence homestead under Section 11.13 and the appraised
30682628 or market value, as applicable, of the property is more than $1
30692629 million but not more than $2 million, as determined by the order;
30702630 (E) $1,000, if the property does not qualify as
30712631 the owner's residence homestead under Section 11.13 and the
30722632 appraised or market value, as applicable, of the property is more
30732633 than $2 million but not more than $3 million, as determined by the
30742634 order; or
30752635 (F) $1,500, if the property does not qualify as
30762636 the owner's residence homestead under Section 11.13 and the
30772637 appraised or market value, as applicable, of the property is more
30782638 than $3 million but not more than $5 million, as determined by the
30792639 order.
3080- SECTION 71. Sections 41A.061(b) and (c), Tax Code, are
2640+ SECTION 57. Sections 41A.061(b) and (c), Tax Code, are
30812641 amended to read as follows:
30822642 (b) To renew the person's agreement to serve as an
30832643 arbitrator, the person must:
30842644 (1) file a renewal application with the comptroller at
30852645 the time and in the manner prescribed by the comptroller;
30862646 (2) continue to meet the requirements provided by
30872647 Sections 41A.06(b)(1) and (4) [Section 41A.06(b)]; [and]
30882648 (3) during the preceding two years have completed at
30892649 least eight hours of continuing education in arbitration and
30902650 alternative dispute resolution procedures offered by a university,
30912651 college, real estate trade association, or legal association; and
30922652 (4) complete a revised training program on property
30932653 tax law for the training and education of arbitrators established
30942654 under Section 5.043 not later than the 120th day after the date the
30952655 program is available to be taken if the comptroller:
30962656 (A) revises the program after the person is
30972657 included in the registry; and
30982658 (B) determines that the program is substantially
30992659 revised.
31002660 (c) The comptroller shall remove a person from the registry
31012661 if:
31022662 (1) the person fails or declines to renew the person's
31032663 agreement to serve as an arbitrator in the manner required by this
31042664 section; [or]
31052665 (2) the comptroller determines by clear and convincing
31062666 evidence that there is good cause to remove the person from the
31072667 registry, including evidence of repeated bias or misconduct by the
31082668 person while acting as an arbitrator; or
31092669 (3) the person fails to complete a revised training
31102670 program on property tax law for the training and education of
31112671 arbitrators established under Section 5.043 not later than the
31122672 120th day after the date the program is available to be taken if the
31132673 comptroller:
31142674 (A) revises the program after the person is
31152675 included in the registry; and
31162676 (B) determines that the program is substantially
31172677 revised.
3118- SECTION 72. Section 41A.07, Tax Code, is amended by
2678+ SECTION 58. Section 41A.07, Tax Code, is amended by
31192679 amending Subsections (e), (f), and (g) and adding Subsection (h) to
31202680 read as follows:
31212681 (e) To be eligible for appointment as an arbitrator under
31222682 this section [Subsection (a)], the arbitrator must reside[:
31232683 [(1) in the county in which the property that is the
31242684 subject of the appeal is located; or
31252685 [(2)] in this state [if no available arbitrator on the
31262686 registry resides in that county].
31272687 (f) A person is not eligible for appointment as an
31282688 arbitrator under this section [Subsection (a)] if at any time
3129- during the preceding two [five] years, the person has:
2689+ during the preceding five years, the person has:
31302690 (1) represented a person for compensation in a
31312691 proceeding under this title in the appraisal district in which the
31322692 property that is the subject of the appeal is located;
31332693 (2) served as an officer or employee of that appraisal
31342694 district; or
31352695 (3) served as a member of the appraisal review board
31362696 for that appraisal district.
31372697 (g) The comptroller may not appoint an arbitrator under this
31382698 section [Subsection (a)] if the comptroller determines that there
31392699 is good cause not to appoint the arbitrator, including information
31402700 or evidence indicating repeated bias or misconduct by the person
31412701 while acting as an arbitrator.
31422702 (h) A property owner may request that, in appointing an
31432703 initial arbitrator under this section, the comptroller appoint an
31442704 arbitrator who resides in the county in which the property that is
31452705 the subject of the appeal is located or an arbitrator who resides
31462706 outside that county. In appointing an initial arbitrator under
31472707 Subsection (a), the comptroller shall comply with the request of
31482708 the property owner unless the property owner requests that the
31492709 comptroller appoint an arbitrator who resides in the county in
31502710 which the property that is the subject of the appeal is located and
31512711 there is not an available arbitrator who resides in that county. In
31522712 appointing a substitute arbitrator under Subsection (d), the
31532713 comptroller shall consider but is not required to comply with the
31542714 request of the property owner. This subsection does not authorize a
31552715 property owner to request the appointment of a specific individual
31562716 as an arbitrator.
3157- SECTION 73. Section 41A.09(b), Tax Code, is amended to read
2717+ SECTION 59. Section 41A.09(b), Tax Code, is amended to read
31582718 as follows:
31592719 (b) An award under this section:
31602720 (1) must include a determination of the appraised or
31612721 market value, as applicable, of the property that is the subject of
31622722 the appeal;
31632723 (2) may include any remedy or relief a court may order
31642724 under Chapter 42 in an appeal relating to the appraised or market
31652725 value of property;
31662726 (3) shall specify the arbitrator's fee, which may not
31672727 exceed the amount provided by Section 41A.06(b)(4) [41A.06(b)(2)];
31682728 (4) is final and may not be appealed except as
31692729 permitted under Section 171.088, Civil Practice and Remedies Code,
31702730 for an award subject to that section; and
31712731 (5) may be enforced in the manner provided by
31722732 Subchapter D, Chapter 171, Civil Practice and Remedies Code.
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
31822754 adding Subsections (k) and (k-1) and amending Subsection (o) to
31832755 read as follows:
31842756 (k) If the comptroller determines in the final
31852757 certification of the study that the school district's local value
31862758 as determined by the appraisal district that appraises property for
31872759 the school district is not valid, the comptroller shall provide
31882760 notice of the comptroller's determination to the board of directors
31892761 of the appraisal district. The board of directors of the appraisal
31902762 district shall hold a public meeting to discuss the receipt of
31912763 notice under this subsection.
31922764 (k-1) If the comptroller determines in the final
31932765 certification of the study that the school district's local value
31942766 as determined by the appraisal district that appraises property for
31952767 the school district is not valid for three consecutive years, the
31962768 comptroller shall conduct an additional review of the appraisal
31972769 district under Section 5.102, Tax Code, and provide recommendations
31982770 to the appraisal district regarding appraisal standards,
31992771 procedures, and methodologies. The comptroller may contract with a
32002772 third party to assist the comptroller in conducting the additional
32012773 review and providing the recommendations required under this
32022774 subsection. If the appraisal district fails to comply with the
32032775 recommendations provided under this subsection and the comptroller
32042776 finds that the board of directors of the appraisal district failed
32052777 to take remedial action reasonably designed to ensure substantial
32062778 compliance with each recommendation before the first anniversary of
32072779 the date the recommendations were made, the comptroller shall
32082780 notify the Texas Department of Licensing and Regulation, or a
32092781 successor to the department, which shall take action necessary to
32102782 ensure that the recommendations are implemented as soon as
32112783 practicable. Before February 1 of the year following the year in
32122784 which the Texas Department of Licensing and Regulation, or a
32132785 successor to the department, takes action under this subsection,
32142786 the department, with the assistance of the comptroller, shall
32152787 determine whether the recommendations have been substantially
32162788 implemented and notify the chief appraiser and the board of
32172789 directors of the appraisal district of the determination. If the
32182790 department determines that the recommendations have not been
32192791 substantially implemented, the board of directors of the appraisal
32202792 district must, within three months of the determination, consider
32212793 whether the failure to implement the recommendations was under the
32222794 current chief appraiser's control and whether the chief appraiser
32232795 is able to adequately perform the chief appraiser's duties.
32242796 (o) The comptroller shall adopt rules governing the conduct
32252797 of the study after consultation with the comptroller's property tax
32262798 administration advisory board [Comptroller's Property Value Study
32272799 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
32722801 amended to read as follows:
32732802 (d) An adopted budget must contain a cover page that
32742803 includes:
32752804 (1) one of the following statements in 18-point or
32762805 larger type that accurately describes the adopted budget:
32772806 (A) "This budget will raise more revenue from
32782807 property taxes than last year's budget by an amount of (insert total
32792808 dollar amount of increase), which is a (insert percentage increase)
32802809 percent increase from last year's budget. The property tax revenue
32812810 to be raised from new property added to the tax roll this year is
32822811 (insert amount computed by multiplying the proposed tax rate by the
32832812 value of new property added to the roll).";
32842813 (B) "This budget will raise less revenue from
32852814 property taxes than last year's budget by an amount of (insert total
32862815 dollar amount of decrease), which is a (insert percentage decrease)
32872816 percent decrease from last year's budget. The property tax revenue
32882817 to be raised from new property added to the tax roll this year is
32892818 (insert amount computed by multiplying the proposed tax rate by the
32902819 value of new property added to the roll)."; or
32912820 (C) "This budget will raise the same amount of
32922821 revenue from property taxes as last year's budget. The property tax
32932822 revenue to be raised from new property added to the tax roll this
32942823 year is (insert amount computed by multiplying the proposed tax
32952824 rate by the value of new property added to the roll).";
32962825 (2) the record vote of each member of the governing
32972826 body by name voting on the adoption of the budget;
32982827 (3) the municipal property tax rates for the preceding
32992828 fiscal year, and each municipal property tax rate that has been
33002829 adopted or calculated for the current fiscal year, including:
33012830 (A) the property tax rate;
33022831 (B) the no-new-revenue [effective] tax rate;
33032832 (C) the no-new-revenue [effective] maintenance
33042833 and operations tax rate;
3305- (D) the voter-approval [rollback] tax rate; and
2834+ (D) the rollback tax rate; and
33062835 (E) the debt rate; and
33072836 (4) the total amount of municipal debt obligations.
3308- SECTION 80. Section 111.008(d), Local Government Code, is
2837+ SECTION 63. Section 111.008(d), Local Government Code, is
33092838 amended to read as follows:
33102839 (d) An adopted budget must contain a cover page that
33112840 includes:
33122841 (1) one of the following statements in 18-point or
33132842 larger type that accurately describes the adopted budget:
33142843 (A) "This budget will raise more revenue from
33152844 property taxes than last year's budget by an amount of (insert total
33162845 dollar amount of increase), which is a (insert percentage increase)
33172846 percent increase from last year's budget. The property tax revenue
33182847 to be raised from new property added to the tax roll this year is
33192848 (insert amount computed by multiplying the proposed tax rate by the
33202849 value of new property added to the roll).";
33212850 (B) "This budget will raise less revenue from
33222851 property taxes than last year's budget by an amount of (insert total
33232852 dollar amount of decrease), which is a (insert percentage decrease)
33242853 percent decrease from last year's budget. The property tax revenue
33252854 to be raised from new property added to the tax roll this year is
33262855 (insert amount computed by multiplying the proposed tax rate by the
33272856 value of new property added to the roll)."; or
33282857 (C) "This budget will raise the same amount of
33292858 revenue from property taxes as last year's budget. The property tax
33302859 revenue to be raised from new property added to the tax roll this
33312860 year is (insert amount computed by multiplying the proposed tax
33322861 rate by the value of new property added to the roll).";
33332862 (2) the record vote of each member of the
33342863 commissioners court by name voting on the adoption of the budget;
33352864 (3) the county property tax rates for the preceding
33362865 fiscal year, and each county property tax rate that has been adopted
33372866 or calculated for the current fiscal year, including:
33382867 (A) the property tax rate;
33392868 (B) the no-new-revenue [effective] tax rate;
33402869 (C) the no-new-revenue [effective] maintenance
33412870 and operations tax rate;
3342- (D) the voter-approval [rollback] tax rate; and
2871+ (D) the rollback tax rate; and
33432872 (E) the debt rate; and
33442873 (4) the total amount of county debt obligations.
3345- SECTION 81. Section 111.039(d), Local Government Code, is
2874+ SECTION 64. Section 111.039(d), Local Government Code, is
33462875 amended to read as follows:
33472876 (d) An adopted budget must contain a cover page that
33482877 includes:
33492878 (1) one of the following statements in 18-point or
33502879 larger type that accurately describes the adopted budget:
33512880 (A) "This budget will raise more revenue from
33522881 property taxes than last year's budget by an amount of (insert total
33532882 dollar amount of increase), which is a (insert percentage increase)
33542883 percent increase from last year's budget. The property tax revenue
33552884 to be raised from new property added to the tax roll this year is
33562885 (insert amount computed by multiplying the proposed tax rate by the
33572886 value of new property added to the roll).";
33582887 (B) "This budget will raise less revenue from
33592888 property taxes than last year's budget by an amount of (insert total
33602889 dollar amount of decrease), which is a (insert percentage decrease)
33612890 percent decrease from last year's budget. The property tax revenue
33622891 to be raised from new property added to the tax roll this year is
33632892 (insert amount computed by multiplying the proposed tax rate by the
33642893 value of new property added to the roll)."; or
33652894 (C) "This budget will raise the same amount of
33662895 revenue from property taxes as last year's budget. The property tax
33672896 revenue to be raised from new property added to the tax roll this
33682897 year is (insert amount computed by multiplying the proposed tax
33692898 rate by the value of new property added to the roll).";
33702899 (2) the record vote of each member of the
33712900 commissioners court by name voting on the adoption of the budget;
33722901 (3) the county property tax rates for the preceding
33732902 fiscal year, and each county property tax rate that has been adopted
33742903 or calculated for the current fiscal year, including:
33752904 (A) the property tax rate;
33762905 (B) the no-new-revenue [effective] tax rate;
33772906 (C) the no-new-revenue [effective] maintenance
33782907 and operations tax rate;
3379- (D) the voter-approval [rollback] tax rate; and
2908+ (D) the rollback tax rate; and
33802909 (E) the debt rate; and
33812910 (4) the total amount of county debt obligations.
3382- SECTION 82. Section 111.068(c), Local Government Code, is
2911+ SECTION 65. Section 111.068(c), Local Government Code, is
33832912 amended to read as follows:
33842913 (c) An adopted budget must contain a cover page that
33852914 includes:
33862915 (1) one of the following statements in 18-point or
33872916 larger type that accurately describes the adopted budget:
33882917 (A) "This budget will raise more revenue from
33892918 property taxes than last year's budget by an amount of (insert total
33902919 dollar amount of increase), which is a (insert percentage increase)
33912920 percent increase from last year's budget. The property tax revenue
33922921 to be raised from new property added to the tax roll this year is
33932922 (insert amount computed by multiplying the proposed tax rate by the
33942923 value of new property added to the roll).";
33952924 (B) "This budget will raise less revenue from
33962925 property taxes than last year's budget by an amount of (insert total
33972926 dollar amount of decrease), which is a (insert percentage decrease)
33982927 percent decrease from last year's budget. The property tax revenue
33992928 to be raised from new property added to the tax roll this year is
34002929 (insert amount computed by multiplying the proposed tax rate by the
34012930 value of new property added to the roll)."; or
34022931 (C) "This budget will raise the same amount of
34032932 revenue from property taxes as last year's budget. The property tax
34042933 revenue to be raised from new property added to the tax roll this
34052934 year is (insert amount computed by multiplying the proposed tax
34062935 rate by the value of new property added to the roll).";
34072936 (2) the record vote of each member of the
34082937 commissioners court by name voting on the adoption of the budget;
34092938 (3) the county property tax rates for the preceding
34102939 fiscal year, and each county property tax rate that has been adopted
34112940 or calculated for the current fiscal year, including:
34122941 (A) the property tax rate;
34132942 (B) the no-new-revenue [effective] tax rate;
34142943 (C) the no-new-revenue [effective] maintenance
34152944 and operations tax rate;
3416- (D) the voter-approval [rollback] tax rate; and
2945+ (D) the rollback tax rate; and
34172946 (E) the debt rate; and
34182947 (4) the total amount of county debt obligations.
3419- SECTION 83. Section 1101.254(f), Special District Local
2948+ SECTION 66. Section 1101.254(f), Special District Local
34202949 Laws Code, is amended to read as follows:
34212950 (f) This section does not affect the applicability of [any
34222951 rights district voters may have to petition for an election under]
34232952 Section 26.07, Tax Code, to the district's tax rate, except that if
34242953 district voters approve a tax rate increase under this section,
34252954 [the voters may not petition for an election under] Section 26.07,
34262955 Tax Code, does not apply [as] to the tax rate for that year.
3427- SECTION 84. Sections 1122.2522, 3828.157, and 8876.152,
3428- Special District Local Laws Code, are amended to read as follows:
3429- Sec. 1122.2522. VOTER-APPROVAL [ROLLBACK] TAX RATE
3430- PROVISIONS APPLICABLE. [(a)] If in any year the board adopts a tax
3431- rate that exceeds the voter-approval [rollback] tax rate calculated
3432- as provided by Chapter 26, Tax Code, [the qualified voters of the
3433- district by petition may require that] an election under Section
3434- 26.07 of that code must be held to determine whether or not to
3435- approve [reduce] the tax rate adopted by the board for that year [to
3436- the rollback tax rate].
2956+ SECTION 67. Sections 1122.2522 and 8876.152, Special
2957+ District Local Laws Code, are amended to read as follows:
2958+ Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE.
2959+ [(a)] If in any year the board adopts a tax rate that exceeds the
2960+ rollback tax rate calculated as provided by Chapter 26, Tax Code,
2961+ [the qualified voters of the district by petition may require that]
2962+ an election under Section 26.07 of that code must be held to
2963+ determine whether or not to approve [reduce] the tax rate adopted by
2964+ the board for that year [to the rollback tax rate].
34372965 [(b) To the extent a conflict exists between this section
34382966 and a provision of the Tax Code, the provision of the Tax Code
34392967 prevails.]
3440- Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
3441- PROVISIONS. Sections 26.04, 26.05, [and] 26.07, and 26.075, Tax
3442- Code, do not apply to a tax imposed under Section 3828.153 or
3443- 3828.156.
34442968 Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
3445- (a) Sections 26.04, 26.05, 26.06, 26.061, [and] 26.07, and 26.075,
3446- Tax Code, do not apply to a tax imposed by the district.
2969+ (a) Sections 26.04, 26.05, 26.06, 26.061, and 26.07, Tax Code, do
2970+ not apply to a tax imposed by the district.
34472971 (b) Sections 49.236(a)(1) and (2) and (b) [Section 49.236],
34482972 Water Code, apply [as added by Chapter 248 (H.B. 1541), Acts of the
34492973 78th Legislature, Regular Session, 2003, applies] to the district.
3450- SECTION 85. Section 49.057, Water Code, is amended by
3451- amending Subsection (b) and adding Subsection (b-1) to read as
3452- follows:
3453- (b) The board shall adopt an annual budget. The board of a
3454- developed district, as defined by Section 49.23602, shall include
3455- as an appendix to the budget the district's:
3456- (1) audited financial statements;
3457- (2) bond transcripts; and
3458- (3) engineer's reports required by Section 49.106.
3459- (b-1) All district employees are employed at the will of the
3460- district unless the district and employee execute a written
3461- employment contract.
3462- SECTION 86. Section 49.107(g), Water Code, is amended to
2974+ SECTION 68. Section 49.107(g), Water Code, is amended to
34632975 read as follows:
3464- (g) Sections 26.04, 26.05, 26.061, [and] 26.07, and 26.075,
3465- Tax Code, do not apply to a tax levied and collected under this
3466- section or an ad valorem tax levied and collected for the payment of
3467- the interest on and principal of bonds issued by a district.
3468- SECTION 87. Section 49.108(f), Water Code, is amended to
2976+ (g) Sections 26.04, 26.05, 26.061, and 26.07, Tax Code, do
2977+ not apply to a tax levied and collected under this section or an ad
2978+ valorem tax levied and collected for the payment of the interest on
2979+ and principal of bonds issued by a district.
2980+ SECTION 69. Section 49.108(f), Water Code, is amended to
34692981 read as follows:
3470- (f) Sections 26.04, 26.05, 26.061, [and] 26.07, and 26.075,
3471- Tax Code, do not apply to a tax levied and collected for payments
3472- made under a contract approved in accordance with this section.
3473- SECTION 88. Section 49.236(a), Water Code, as added by
3474- Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular
3475- Session, 2003, is amended to read as follows:
2982+ (f) Sections 26.04, 26.05, 26.061, and 26.07, Tax Code, do
2983+ not apply to a tax levied and collected for payments made under a
2984+ contract approved in accordance with this section.
2985+ SECTION 70. Section 49.236, Water Code, as added by Chapter
2986+ 335 (S.B. 392), Acts of the 78th Legislature, Regular Session,
2987+ 2003, is amended by amending Subsections (a) and (d) and adding
2988+ Subsections (e), (f), and (g) to read as follows:
34762989 (a) Before the board adopts an ad valorem tax rate for the
34772990 district for debt service, operation and maintenance purposes, or
34782991 contract purposes, the board shall give notice of each meeting of
34792992 the board at which the adoption of a tax rate will be considered.
34802993 The notice must:
34812994 (1) contain a statement in substantially the following
34822995 form:
34832996 "NOTICE OF PUBLIC HEARING ON TAX RATE
34842997 "The (name of the district) will hold a public hearing on a
34852998 proposed tax rate for the tax year (year of tax levy) on (date and
34862999 time) at (meeting place). Your individual taxes may increase at a
34873000 greater or lesser rate, or even decrease, depending on the tax rate
34883001 that is adopted and on the change in the taxable value of your
34893002 property in relation to the change in taxable value of all other
34903003 property [and the tax rate that is adopted]. The change in the
34913004 taxable value of your property in relation to the change in the
34923005 taxable value of all other property determines the distribution of
34933006 the tax burden among all property owners.
34943007 "(Names of all board members and, if a vote was taken, an
34953008 indication of how each voted on the proposed tax rate and an
34963009 indication of any absences.)";
34973010 (2) contain the following information:
34983011 (A) the district's total adopted tax rate for the
34993012 preceding year and the proposed tax rate, expressed as an amount per
35003013 $100;
35013014 (B) the difference, expressed as an amount per
35023015 $100 and as a percent increase or decrease, as applicable, in the
35033016 proposed tax rate compared to the adopted tax rate for the preceding
35043017 year;
35053018 (C) the average appraised value of a residence
35063019 homestead in the district in the preceding year and in the current
35073020 year; the district's total homestead exemption, other than an
35083021 exemption available only to disabled persons or persons 65 years of
35093022 age or older, applicable to that appraised value in each of those
35103023 years; and the average taxable value of a residence homestead in the
35113024 district in each of those years, disregarding any homestead
35123025 exemption available only to disabled persons or persons 65 years of
35133026 age or older;
35143027 (D) the amount of tax that would have been
35153028 imposed by the district in the preceding year on a residence
35163029 homestead appraised at the average appraised value of a residence
35173030 homestead in that year, disregarding any homestead exemption
35183031 available only to disabled persons or persons 65 years of age or
35193032 older;
35203033 (E) the amount of tax that would be imposed by the
35213034 district in the current year on a residence homestead appraised at
35223035 the average appraised value of a residence homestead in that year,
35233036 disregarding any homestead exemption available only to disabled
35243037 persons or persons 65 years of age or older, if the proposed tax
35253038 rate is adopted; [and]
35263039 (F) the difference between the amounts of tax
35273040 calculated under Paragraphs (D) and (E), expressed in dollars and
35283041 cents and described as the annual percentage increase or decrease,
35293042 as applicable, in the tax to be imposed by the district on the
35303043 average residence homestead in the district in the current year if
35313044 the proposed tax rate is adopted; and
35323045 (G) if the proposed combined debt service,
3533- operation and maintenance, and contract tax rate requires or
3534- authorizes an election to approve or reduce the tax rate, as
3535- applicable, a description of the purpose of the proposed tax
3536- increase;
3046+ operation and maintenance, and contract tax rate exceeds the
3047+ rollback tax rate, a description of the purpose of the proposed tax
3048+ increase; and
35373049 (3) contain a statement in substantially the following
35383050 form, as applicable:
3539- (A) if the district is a district described by
3540- Section 49.23601:
3051+ (A) if the district is a special taxing unit:
35413052 "NOTICE OF VOTE ON TAX RATE [TAXPAYERS' RIGHT TO ROLLBACK ELECTION]
3542- "If the district adopts a combined debt service, operation
3543- and maintenance, and contract tax rate that would result in the
3544- taxes on the average residence homestead increasing [increase] by
3545- more than eight percent, [the qualified voters of the district by
3546- petition may require that] an election must be held to determine
3547- whether to approve [reduce] the operation and maintenance tax rate
3548- [to the rollback tax rate] under Section 49.23601 [49.236(d)],
3549- Water Code.";
3550- (B) if the district is a district described by
3551- Section 49.23602:
3053+ "If operation and maintenance taxes on the average residence
3054+ homestead increase by more than eight percent, [the qualified
3055+ voters of the district by petition may require that] an election
3056+ must be held to determine whether to approve [reduce] the operation
3057+ and maintenance tax rate [to the rollback tax rate] under Section
3058+ 49.236(d), Water Code."; or
3059+ (B) if the district is a taxing unit other than a
3060+ special taxing unit:
35523061 "NOTICE OF VOTE ON TAX RATE
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:
35803084 (1) the current year's debt service tax rate;
3581- (2) the current year's contract tax rate; and
3085+ (2) the current year's [and] contract tax rate; and
3086+ (3) [rates plus] the operation and maintenance tax
3087+ rate that would impose 1.08 times the amount of the operation and
3088+ maintenance tax imposed by the district in the preceding year on a
3089+ residence homestead appraised at the average appraised value of a
3090+ residence homestead in the district in that year, disregarding any
3091+ homestead exemption available only to disabled persons or persons
3092+ 65 years of age or older.
3093+ (e) This subsection applies only to a district that is a
3094+ taxing unit other than a special taxing unit. If the governing body
3095+ of the district adopts a combined debt service, operation and
3096+ maintenance, and contract tax rate that exceeds the greater of the
3097+ rollback tax rate or de minimis rate, an election must be held to
3098+ determine whether to approve the tax rate adopted for the current
3099+ year in accordance with the procedures provided by Sections
3100+ 26.07(b)-(g), Tax Code. For purposes of Sections 26.07(b)-(g), Tax
3101+ Code, and this subsection, the rollback tax rate is the sum of the
3102+ following tax rates:
3103+ (1) the current year's debt service tax rate;
3104+ (2) the current year's contract tax rate;
35823105 (3) the operation and maintenance tax rate that would
3583- impose 1.08 times the amount of the operation and maintenance tax
3106+ impose 1.035 times the amount of the operation and maintenance tax
35843107 imposed by the district in the preceding year on a residence
35853108 homestead appraised at the average appraised value of a residence
35863109 homestead in the district in that year, disregarding any homestead
35873110 exemption available only to disabled persons or persons 65 years of
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.
36233134 (3) "Unused increment rate" has the meaning assigned
36243135 by Section 26.013, 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:
37093137 (1) Sections 403.302(m-1) and (n), Government Code;
37103138 (2) Section 140.010, Local Government Code;
37113139 (3) Section 1063.255, Special District Local Laws
37123140 Code;
3713- (4) Sections 5.103(e) and (f), 6.412(e), 22.23(c),
3714- 25.19(b-2), and 41A.06(c), Tax Code;
3141+ (4) Sections 5.103(e) and (f), 6.412(e), 22.23(c), and
3142+ 41A.06(c), Tax Code;
37153143 (5) Section 49.236, Water Code, as added by Chapter
37163144 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session,
3717- 2003;
3718- (6) Section 49.236(d), Water Code, as added by Chapter
3719- 335 (S.B. 392), Acts of the 78th Legislature, Regular Session,
37203145 2003; and
3721- (7) Section 49.2361, Water Code.
3722- SECTION 92. (a) Section 9, Chapter 481 (S.B. 1760), Acts
3723- of the 84th Legislature, Regular Session, 2015, which added Section
3724- 42.23(i), Tax Code, effective January 1, 2020, is repealed.
3725- (b) This section takes effect September 1, 2019.
3726- SECTION 93. Section 5.041, Tax Code, as amended by this Act,
3146+ (6) Section 49.2361, Water Code.
3147+ SECTION 72. Section 5.041, Tax Code, as amended by this Act,
37273148 applies only to an appraisal review board member appointed to serve
37283149 a term of office that begins on or after January 1, 2020.
3729- SECTION 94. The comptroller of public accounts shall
3150+ SECTION 73. The comptroller of public accounts shall
37303151 implement Section 5.043, Tax Code, as added by this Act, as soon as
37313152 practicable after January 1, 2020.
3732- SECTION 95. Sections 5.05, 5.102, 5.13, and 23.01, Tax
3153+ SECTION 74. Sections 5.05, 5.102, 5.13, and 23.01, Tax
37333154 Code, as amended by this Act, apply only to the appraisal of
37343155 property for ad valorem tax purposes for a tax year beginning on or
37353156 after January 1, 2020.
3736- SECTION 96. (a) The comptroller of public accounts shall
3157+ SECTION 75. (a) The comptroller of public accounts shall
37373158 comply with Sections 5.07(f), (g), (h), and (i), Tax Code, as added
37383159 by this Act, as soon as practicable after January 1, 2020.
37393160 (b) The comptroller of public accounts shall comply with
37403161 Section 5.091, Tax Code, as amended by this Act, not later than:
37413162 (1) January 1, 2022, with regard to tax rate
37423163 information related to a taxing unit located wholly or partly in a
37433164 county with a population of 120,000 or more; and
37443165 (2) January 1, 2023, with regard to tax rate
37453166 information related to a taxing unit located wholly in a county with
37463167 a population of less than 120,000.
3747- SECTION 97. Section 5.09, Tax Code, as amended by this Act,
3168+ SECTION 76. Section 5.09, Tax Code, as amended by this Act,
37483169 applies only to information submitted to the comptroller of public
37493170 accounts that relates to a tax year beginning on or after January 1,
37503171 2020.
3751- SECTION 98. The comptroller of public accounts shall
3172+ SECTION 77. The comptroller of public accounts shall
37523173 prepare and make available the survey and instructions for
37533174 completing and submitting the survey required by Section 5.104, Tax
37543175 Code, as added by this Act, as soon as practicable after January 1,
37553176 2020. An appraisal district is not required to provide the survey
37563177 or instructions under a requirement of that section until the
37573178 survey and instructions are prepared and made available by the
37583179 comptroller of public accounts.
3759- SECTION 99. Section 6.41(d-9), Tax Code, as amended by this
3180+ SECTION 78. Section 6.41(d-9), Tax Code, as amended by this
37603181 Act, applies only to the appointment of appraisal review board
37613182 members to terms beginning on or after January 1, 2021.
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.
37903203 (b) An appraisal district established in a county with a
3791- population of less than 200,000 and each taxing unit located wholly
3792- or primarily in such an appraisal district shall comply with
3793- Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax
3794- Code, as added by this Act, beginning with the 2021 tax year.
3795- SECTION 106. (a) Not later than the 30th day after the date
3204+ population of less than 120,000 and each taxing unit located wholly
3205+ in such an appraisal district shall comply with Sections
3206+ 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and 26.18, Tax Code, as
3207+ added by this Act, beginning with the 2022 tax year.
3208+ SECTION 83. (a) Not later than the 30th day after the date
37963209 this section takes effect:
37973210 (1) the designated officer or employee of each taxing
37983211 unit shall submit to the county assessor-collector for each county
37993212 in which all or part of the territory of the taxing unit is located
38003213 the worksheets used by the designated officer or employee to
38013214 calculate the effective and rollback tax rates of the taxing unit
38023215 for the 2015-2019 tax years; and
38033216 (2) the county assessor-collector for each county
38043217 shall post the worksheets submitted to the county
38053218 assessor-collector under Subdivision (1) of this subsection on the
38063219 Internet website of the county.
38073220 (b) This section takes effect immediately if this Act
38083221 receives a vote of two-thirds of all the members elected to each
38093222 house, as provided by Section 39, Article III, Texas Constitution.
38103223 If this Act does not receive the vote necessary for immediate
38113224 effect, this section takes effect on the 91st day after the last day
38123225 of the legislative session.
3813- SECTION 107. A taxing unit that does not own, operate, or
3226+ SECTION 84. A taxing unit that does not own, operate, or
38143227 control an Internet website is not required to comply with Sections
38153228 26.05(b)(2) and 26.065(b), Tax Code, as amended by this Act, until
38163229 the first tax year in which the taxing unit is required by law to
38173230 maintain or have access to an Internet website.
3818- SECTION 108. Section 33.08(b), Tax Code, as amended by this
3819- Act, applies only to taxes that become delinquent on or after
3820- January 1, 2020. Taxes that become delinquent before that date are
3821- governed by the law as it existed immediately before that date, and
3822- that law is continued in effect for that purpose.
3823- SECTION 109. Section 41.03(a), Tax Code, as amended by this
3231+ SECTION 85. Section 41.03(a), Tax Code, as amended by this
38243232 Act, applies only to a challenge under Chapter 41, Tax Code, for
38253233 which a challenge petition is filed on or after January 1, 2020. A
38263234 challenge under Chapter 41, Tax Code, for which a challenge
38273235 petition was filed before January 1, 2020, is governed by the law in
38283236 effect on the date the challenge petition was filed, and the former
38293237 law is continued in effect for that purpose.
3830- SECTION 110. Sections 41.45 and 41.66(k), Tax Code, as
3238+ SECTION 86. Sections 41.45 and 41.66(k), Tax Code, as
38313239 amended by this Act, and Section 41.66(k-1), Tax Code, as added by
38323240 this Act, apply only to a protest filed under Chapter 41, Tax Code,
38333241 on or after January 1, 2021. A protest filed under that chapter
38343242 before January 1, 2021, is governed by the law in effect on the date
38353243 the protest was filed, and the former law is continued in effect for
38363244 that purpose.
3837- SECTION 111. Sections 41.46, 41.461, 41.47, 41.66(h), (i),
3245+ SECTION 87. Sections 41.46, 41.461, 41.47, 41.66(h), (i),
38383246 and (j), and 41.67, Tax Code, as amended by this Act, and Sections
3839- 41.66(j-1), (j-2), and (p), Tax Code, as added by this Act, apply
3840- only to a protest for which the notice of protest was filed by a
3841- property owner or the designated agent of the owner with the
3842- appraisal review board established for an appraisal district on or
3843- after January 1, 2020.
3844- SECTION 112. Section 41.71, Tax Code, as amended by this
3845- Act, applies only to a hearing on a protest under Chapter 41, Tax
3846- Code, that is scheduled on or after January 1, 2020. A hearing on a
3247+ 41.66(j-1) and (p), Tax Code, as added by this Act, apply only to a
3248+ protest for which the notice of protest was filed by a property
3249+ owner or the designated agent of the owner with the appraisal review
3250+ board established for an appraisal district on or after January 1,
3251+ 2020.
3252+ SECTION 88. Section 41.71, Tax Code, as amended by this Act,
3253+ applies only to a hearing on a protest under Chapter 41, Tax Code,
3254+ that is scheduled on or after January 1, 2020. A hearing on a
38473255 protest under Chapter 41, Tax Code, that is scheduled before
38483256 January 1, 2020, is governed by the law in effect on the date the
38493257 hearing was scheduled, and that law is continued in effect for that
38503258 purpose.
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.
38623270 (b) This Act does not prohibit a person who is serving as an
38633271 arbitrator on January 1, 2020, from renewing the person's agreement
38643272 with the comptroller of public accounts to serve as an arbitrator if
38653273 the person has the qualifications required for an arbitrator under
38663274 the Tax Code as amended by this Act.
3867- SECTION 115. Section 42.081, Tax Code, as added by this Act,
3868- applies only to an appeal under Chapter 42, Tax Code, that is filed
3869- on or after January 1, 2020.
3870- SECTION 116. The first tax year that may be considered for
3275+ SECTION 91. The first tax year that may be considered for
38713276 purposes of the condition to the applicability of Section
38723277 403.302(k-1), Government Code, as added by this Act, that the
38733278 comptroller of public accounts has determined in a study under
38743279 Section 403.302 of that code that a school district's local value as
38753280 determined by the appraisal district that appraises property for
38763281 the school district is not valid for three consecutive years is the
38773282 2020 tax year.
3878- SECTION 117. Section 49.057, Water Code, as amended by this
3879- Act, applies only to a budget adopted on or after January 1, 2020.
3880- SECTION 118. (a) Not later than the 30th day after the date
3283+ SECTION 92. (a) Not later than the 30th day after the date
38813284 this section takes effect, the comptroller of public accounts shall
38823285 provide a written notice to each appraisal district of:
38833286 (1) the deadline for complying with each new
38843287 requirement, duty, or function imposed by this Act on an appraisal
38853288 district or taxing unit; and
38863289 (2) any change made by this Act to the deadline for
38873290 complying with an existing requirement, duty, or function of an
38883291 appraisal district or taxing unit.
38893292 (b) As soon as practicable after receipt of the notice
38903293 provided by the comptroller of public accounts under Subsection (a)
38913294 of this section, the chief appraiser of an appraisal district shall
38923295 forward the notice to each assessor for a taxing unit located in the
38933296 appraisal district.
38943297 (c) This section takes effect immediately if this Act
38953298 receives a vote of two-thirds of all the members elected to each
38963299 house, as provided by Section 39, Article III, Texas Constitution.
38973300 If this Act does not receive the vote necessary for immediate
38983301 effect, this section takes effect on the 91st day after the last day
38993302 of the legislative session.
3900- SECTION 119. (a) In this section:
3901- (1) "Compensation" includes a salary, wage, insurance
3902- benefit, retirement benefit, or similar benefit an employee
3903- receives as a condition of employment.
3904- (2) "First responder" has the meaning assigned by
3905- Section 504.019, Labor Code.
3906- (3) "Taxing unit" has the meaning assigned by Section
3907- 1.04, Tax Code.
3908- (b) This section applies only to the fiscal year of a taxing
3909- unit that begins in 2020.
3910- (c) The governing body of a taxing unit may not adopt a
3911- budget for a fiscal year or take any other action that has the
3912- effect of decreasing the total compensation to which a first
3913- responder employed by the taxing unit was entitled in the preceding
3914- fiscal year of the taxing unit.
3915- SECTION 120. This Act takes effect only if H.B. 3, 86th
3303+ SECTION 93. This Act takes effect only if H.B. 3, 86th
39163304 Legislature, Regular Session, 2019, becomes law. If H.B. 3, 86th
39173305 Legislature, Regular Session, 2019, does not become law, this Act
39183306 has no effect.
3919- SECTION 121. (a) Except as otherwise provided by this Act,
3307+ SECTION 94. (a) Except as otherwise provided by this Act,
39203308 this Act takes effect January 1, 2020.
39213309 (b) The following provisions take effect September 1, 2020:
39223310 (1) Sections 6.41(b) and (d-9), Tax Code, as amended
39233311 by this Act;
39243312 (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code,
39253313 as added by this Act;
39263314 (3) Section 6.414(d), Tax Code, as amended by this
39273315 Act;
39283316 (4) Section 6.425, Tax Code, as added by this Act;
39293317 (5) Section 41.44(d), Tax Code, as amended by this
39303318 Act;
39313319 (6) Section 41.45(d), Tax Code, as amended by this
39323320 Act;
39333321 (7) Sections 41.45(d-1), (d-2), and (d-3), Tax Code,
39343322 as added by this Act;
39353323 (8) Section 41.66(k), Tax Code, as amended by this
39363324 Act; and
39373325 (9) Section 41.66(k-1), Tax Code, as added by this
39383326 Act.
39393327 (c) The following provisions take effect January 1, 2021:
39403328 (1) Sections 25.19(b-3) and (b-4), Tax Code, as added
39413329 by this Act;
3942- (2) Sections 26.04(d-1), (d-2), (d-3), and (e-5), Tax
3943- Code, as added by this Act;
3330+ (2) Sections 26.04(d-1), (d-2), (d-3), (e-2), (e-3),
3331+ (e-4), and (e-5), Tax Code, as added by this Act;
39443332 (3) Sections 26.04(e-1) and (g), Tax Code, as amended
3333+ by this Act;
3334+ (4) Sections 26.05(d-1) and (d-2), Tax Code, as added
39453335 by this Act; and
3946- (4) Section 26.05(e), Tax Code, as amended by this
3336+ (5) Section 26.05(e), Tax Code, as amended by this
39473337 Act.
39483338 (d) Sections 25.19(b) and (i), Tax Code, as amended by this
39493339 Act, take effect January 1, 2022.
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