1 | 1 | | By: Hancock S.R. No. 841 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | SENATE RESOLUTION |
---|
5 | 5 | | BE IT RESOLVED by the Senate of the State of Texas, 86th |
---|
6 | 6 | | Legislature, Regular Session, 2019, That Senate Rule 12.03 be |
---|
7 | 7 | | suspended in part as provided by Senate Rule 12.08 to enable the |
---|
8 | 8 | | conference committee appointed to resolve the differences on |
---|
9 | 9 | | Senate Bill 2 (ad valorem taxation; authorizing fees) to consider |
---|
10 | 10 | | and take action on the following matters: |
---|
11 | 11 | | (1) Senate Rule 12.03(4) is suspended to permit the |
---|
12 | 12 | | committee to add text on a matter not included in either the house |
---|
13 | 13 | | or senate version of the bill by adding the following new SECTION |
---|
14 | 14 | | to the bill: |
---|
15 | 15 | | SECTION 2. Chapter 1, Tax Code, is amended by adding |
---|
16 | 16 | | Section 1.045 to read as follows: |
---|
17 | 17 | | Sec. 1.045. REFERENCE TO CERTAIN TERMS IN LAW. Unless |
---|
18 | 18 | | the context indicates otherwise: |
---|
19 | 19 | | (1) a reference in law to a taxing unit's effective |
---|
20 | 20 | | maintenance and operations rate is a reference to the taxing |
---|
21 | 21 | | unit's no-new-revenue maintenance and operations rate, as |
---|
22 | 22 | | defined by Chapter 26; |
---|
23 | 23 | | (2) a reference in law to a taxing unit's effective |
---|
24 | 24 | | tax rate is a reference to the taxing unit's no-new-revenue tax |
---|
25 | 25 | | rate, as defined by Chapter 26; and |
---|
26 | 26 | | (3) a reference in law to a taxing unit's rollback |
---|
27 | 27 | | tax rate is a reference to the taxing unit's voter-approval tax |
---|
28 | 28 | | rate, as defined by Chapter 26. |
---|
29 | 29 | | Explanation: The addition is necessary to ensure that |
---|
30 | 30 | | references in other law to terms in Title 1 of the Tax Code that |
---|
31 | 31 | | are changed in the bill are construed in accordance with the way |
---|
32 | 32 | | those terms are used in the bill. |
---|
33 | 33 | | (2) Senate Rule 12.03(1) is suspended to permit the |
---|
34 | 34 | | committee to amend text not in disagreement in proposed SECTION |
---|
35 | 35 | | 36 of the bill, in added Section 26.04(c-1)(2), Tax Code, to read |
---|
36 | 36 | | as follows: |
---|
37 | 37 | | (2) the third tax year after the tax year in which |
---|
38 | 38 | | the disaster occurred. |
---|
39 | 39 | | Explanation: The change is necessary to limit the period |
---|
40 | 40 | | of time during which certain taxing units may calculate the |
---|
41 | 41 | | voter-approval tax rate of the taxing unit at a higher rate |
---|
42 | 42 | | following certain disasters. |
---|
43 | 43 | | (3) Senate Rule 12.03(1) is suspended to permit the |
---|
44 | 44 | | committee to amend text not in disagreement in proposed SECTION |
---|
45 | 45 | | 36 of the bill, in amended Section 26.04(e), Tax Code, to read as |
---|
46 | 46 | | follows: |
---|
47 | 47 | | (e) By August 7 or as soon thereafter as practicable, the |
---|
48 | 48 | | designated officer or employee shall submit the rates to the |
---|
49 | 49 | | governing body. The designated officer or employee [He] shall |
---|
50 | 50 | | post prominently on the home page of the taxing unit's Internet |
---|
51 | 51 | | website [deliver by mail to each property owner in the unit or |
---|
52 | 52 | | publish in a newspaper] in the form prescribed by the |
---|
53 | 53 | | comptroller: |
---|
54 | 54 | | (1) the no-new-revenue [effective] tax rate, the |
---|
55 | 55 | | voter-approval [rollback] tax rate, and an explanation of how |
---|
56 | 56 | | they were calculated; |
---|
57 | 57 | | (2) the estimated amount of interest and sinking |
---|
58 | 58 | | fund balances and the estimated amount of maintenance and |
---|
59 | 59 | | operation or general fund balances remaining at the end of the |
---|
60 | 60 | | current fiscal year that are not encumbered with or by |
---|
61 | 61 | | corresponding existing debt obligation; and |
---|
62 | 62 | | (3) a schedule of the taxing unit's debt obligations |
---|
63 | 63 | | showing: |
---|
64 | 64 | | (A) the amount of principal and interest that |
---|
65 | 65 | | will be paid to service the taxing unit's debts in the next year |
---|
66 | 66 | | from property tax revenue, including payments of lawfully |
---|
67 | 67 | | incurred contractual obligations providing security for the |
---|
68 | 68 | | payment of the principal of and interest on bonds and other |
---|
69 | 69 | | evidences of indebtedness issued on behalf of the taxing unit by |
---|
70 | 70 | | another political subdivision and, if the taxing unit is created |
---|
71 | 71 | | under Section 52, Article III, or Section 59, Article XVI, Texas |
---|
72 | 72 | | Constitution, payments on debts that the taxing unit anticipates |
---|
73 | 73 | | to incur in the next calendar year; |
---|
74 | 74 | | (B) the amount by which taxes imposed for debt |
---|
75 | 75 | | are to be increased because of the taxing unit's anticipated |
---|
76 | 76 | | collection rate; and |
---|
77 | 77 | | (C) the total of the amounts listed in |
---|
78 | 78 | | Paragraphs (A)-(B), less any amount collected in excess of the |
---|
79 | 79 | | previous year's anticipated collections certified as provided in |
---|
80 | 80 | | Subsection (b)[; |
---|
81 | 81 | | [(4) the amount of additional sales and use tax |
---|
82 | 82 | | revenue anticipated in calculations under Section 26.041; |
---|
83 | 83 | | [(5) a statement that the adoption of a tax rate |
---|
84 | 84 | | equal to the effective tax rate would result in an increase or |
---|
85 | 85 | | decrease, as applicable, in the amount of taxes imposed by the |
---|
86 | 86 | | unit as compared to last year's levy, and the amount of the |
---|
87 | 87 | | increase or decrease; |
---|
88 | 88 | | [(6) in the year that a taxing unit calculates an |
---|
89 | 89 | | adjustment under Subsection (i) or (j), a schedule that includes |
---|
90 | 90 | | the following elements: |
---|
91 | 91 | | [(A) the name of the unit discontinuing the |
---|
92 | 92 | | department, function, or activity; |
---|
93 | 93 | | [(B) the amount of property tax revenue spent |
---|
94 | 94 | | by the unit listed under Paragraph (A) to operate the |
---|
95 | 95 | | discontinued department, function, or activity in the 12 months |
---|
96 | 96 | | preceding the month in which the calculations required by this |
---|
97 | 97 | | chapter are made; and |
---|
98 | 98 | | [(C) the name of the unit that operates a |
---|
99 | 99 | | distinct department, function, or activity in all or a majority |
---|
100 | 100 | | of the territory of a taxing unit that has discontinued operating |
---|
101 | 101 | | the distinct department, function, or activity; and |
---|
102 | 102 | | [(7) in the year following the year in which a |
---|
103 | 103 | | taxing unit raised its rollback rate as required by Subsection |
---|
104 | 104 | | (j), a schedule that includes the following elements: |
---|
105 | 105 | | [(A) the amount of property tax revenue spent |
---|
106 | 106 | | by the unit to operate the department, function, or activity for |
---|
107 | 107 | | which the taxing unit raised the rollback rate as required by |
---|
108 | 108 | | Subsection (j) for the 12 months preceding the month in which the |
---|
109 | 109 | | calculations required by this chapter are made; and |
---|
110 | 110 | | [(B) the amount published by the unit in the |
---|
111 | 111 | | preceding tax year under Subdivision (6)(B)]. |
---|
112 | 112 | | Explanation: The change is necessary to remove the |
---|
113 | 113 | | requirement that the designated officer or employee of a taxing |
---|
114 | 114 | | unit publish certain tax information in a newspaper. |
---|
115 | 115 | | (4) Senate Rule 12.03(1) is suspended to permit the |
---|
116 | 116 | | committee to amend text not in disagreement in proposed SECTION |
---|
117 | 117 | | 37 of the bill, in added Section 26.041(c-1)(2), Tax Code, to |
---|
118 | 118 | | read as follows: |
---|
119 | 119 | | (2) the third tax year after the tax year in which |
---|
120 | 120 | | the disaster occurred. |
---|
121 | 121 | | Explanation: The change is necessary to limit the period |
---|
122 | 122 | | of time during which certain taxing units may calculate the |
---|
123 | 123 | | voter-approval tax rate of the taxing unit at a higher rate |
---|
124 | 124 | | following certain disasters. |
---|
125 | 125 | | (5) Senate Rule 12.03(4) is suspended to permit the |
---|
126 | 126 | | committee to add text on a matter not included in either the house |
---|
127 | 127 | | or senate version of the bill in proposed SECTION 43 of the bill |
---|
128 | 128 | | by adding the following new Section 26.0443, Tax Code, to the |
---|
129 | 129 | | bill: |
---|
130 | 130 | | Sec. 26.0443. TAX RATE ADJUSTMENT FOR ELIGIBLE COUNTY |
---|
131 | 131 | | HOSPITAL EXPENDITURES. (a) In this section: |
---|
132 | 132 | | (1) "Eligible county hospital" means a hospital |
---|
133 | 133 | | that: |
---|
134 | 134 | | (A) is: |
---|
135 | 135 | | (i) owned or leased by a county and |
---|
136 | 136 | | operated in accordance with Chapter 263, Health and Safety Code; |
---|
137 | 137 | | or |
---|
138 | 138 | | (ii) owned or leased jointly by a |
---|
139 | 139 | | municipality and a county and operated in accordance with Chapter |
---|
140 | 140 | | 265, Health and Safety Code; and |
---|
141 | 141 | | (B) is located in an area not served by a |
---|
142 | 142 | | hospital district created under Sections 4 through 11, Article |
---|
143 | 143 | | IX, Texas Constitution. |
---|
144 | 144 | | (2) "Eligible county hospital expenditures" for a |
---|
145 | 145 | | tax year means the amount paid by a county or municipality in the |
---|
146 | 146 | | period beginning on July 1 of the tax year preceding the tax year |
---|
147 | 147 | | for which the tax is adopted and ending on June 30 of the tax year |
---|
148 | 148 | | for which the tax is adopted to maintain and operate an eligible |
---|
149 | 149 | | county hospital. |
---|
150 | 150 | | (b) If a county's or municipality's eligible county |
---|
151 | 151 | | hospital expenditures exceed the amount of those expenditures |
---|
152 | 152 | | for the preceding tax year, the no-new-revenue maintenance and |
---|
153 | 153 | | operations rate for the county or municipality, as applicable, is |
---|
154 | 154 | | increased by the lesser of the rates computed according to the |
---|
155 | 155 | | following formulas: |
---|
156 | 156 | | (Current Tax Year's Eligible County Hospital |
---|
157 | 157 | | Expenditures - Preceding Tax Year's Eligible County |
---|
158 | 158 | | Hospital Expenditures) / (Current Total Value - New |
---|
159 | 159 | | Property Value) |
---|
160 | 160 | | or |
---|
161 | 161 | | (Preceding Tax Year's Eligible County Hospital |
---|
162 | 162 | | Expenditures x 0.08) / (Current Total Value - New |
---|
163 | 163 | | Property Value) |
---|
164 | 164 | | (c) The county or municipality shall include a notice of |
---|
165 | 165 | | the increase in the no-new-revenue maintenance and operations |
---|
166 | 166 | | rate provided by this section, including a description and amount |
---|
167 | 167 | | of eligible county hospital expenditures, in the information |
---|
168 | 168 | | published under Section 26.04(e) and, as applicable, in the |
---|
169 | 169 | | notice prescribed by Section 26.06 or 26.061. |
---|
170 | 170 | | Explanation: The addition is necessary to add a provision |
---|
171 | 171 | | to Title 1 of the Tax Code to provide for a tax rate adjustment |
---|
172 | 172 | | for eligible county hospital expenditures. |
---|
173 | 173 | | (6) Senate Rule 12.03(1) is suspended to permit the |
---|
174 | 174 | | committee to amend text not in disagreement in proposed SECTION |
---|
175 | 175 | | 48 of the bill, in amended Section 26.06(a), Tax Code, to read as |
---|
176 | 176 | | follows: |
---|
177 | 177 | | (a) A public hearing required by Section 26.05 may not be |
---|
178 | 178 | | held before the fifth [seventh] day after the date the notice of |
---|
179 | 179 | | the public hearing is given. The [second hearing may not be held |
---|
180 | 180 | | earlier than the third day after the date of the first hearing. |
---|
181 | 181 | | Each] hearing must be on a weekday that is not a public holiday. |
---|
182 | 182 | | The [Each] hearing must be held inside the boundaries of the unit |
---|
183 | 183 | | in a publicly owned building or, if a suitable publicly owned |
---|
184 | 184 | | building is not available, in a suitable building to which the |
---|
185 | 185 | | public normally has access. At the hearing [hearings], the |
---|
186 | 186 | | governing body must afford adequate opportunity for proponents |
---|
187 | 187 | | and opponents of the tax increase to present their views. |
---|
215 | 215 | | (9) Senate Rule 12.03(1) is suspended to permit the |
---|
216 | 216 | | committee to amend text not in disagreement in proposed SECTION |
---|
217 | 217 | | 48 of the bill, in amended Sections 26.06(d) and (e), Tax Code, to |
---|
218 | 218 | | read as follows: |
---|
219 | 219 | | (d) The governing body may vote on the proposed tax rate |
---|
220 | 220 | | at the public hearing. If the governing body does not vote on the |
---|
221 | 221 | | proposed tax rate at the public hearing, [At the public hearings] |
---|
222 | 222 | | the governing body shall announce at the public hearing the date, |
---|
223 | 223 | | time, and place of the meeting at which it will vote on the |
---|
224 | 224 | | proposed tax rate. [After each hearing the governing body shall |
---|
225 | 225 | | give notice of the meeting at which it will vote on the proposed |
---|
226 | 226 | | tax rate and the notice shall be in the same form as prescribed by |
---|
227 | 227 | | Subsections (b) and (c), except that it must state the following: |
---|
228 | 228 | | ["NOTICE OF TAX REVENUE INCREASE |
---|
229 | 229 | | ["The (name of the taxing unit) conducted public hearings |
---|
230 | 230 | | on (date of first hearing) and (date of second hearing) on a |
---|
231 | 231 | | proposal to increase the total tax revenues of the (name of the |
---|
232 | 232 | | taxing unit) from properties on the tax roll in the preceding |
---|
233 | 233 | | year by (percentage by which proposed tax rate exceeds lower of |
---|
234 | 234 | | rollback tax rate or effective tax rate calculated under this |
---|
235 | 235 | | chapter) percent. |
---|
236 | 236 | | ["The total tax revenue proposed to be raised last year at |
---|
237 | 237 | | last year's tax rate of (insert tax rate for the preceding year) |
---|
238 | 238 | | for each $100 of taxable value was (insert total amount of taxes |
---|
239 | 239 | | imposed in the preceding year). |
---|
240 | 240 | | ["The total tax revenue proposed to be raised this year at |
---|
241 | 241 | | the proposed tax rate of (insert proposed tax rate) for each $100 |
---|
242 | 242 | | of taxable value, excluding tax revenue to be raised from new |
---|
243 | 243 | | property added to the tax roll this year, is (insert amount |
---|
244 | 244 | | computed by multiplying proposed tax rate by the difference |
---|
245 | 245 | | between current total value and new property value). |
---|
246 | 246 | | ["The total tax revenue proposed to be raised this year at |
---|
247 | 247 | | the proposed tax rate of (insert proposed tax rate) for each $100 |
---|
248 | 248 | | of taxable value, including tax revenue to be raised from new |
---|
249 | 249 | | property added to the tax roll this year, is (insert amount |
---|
250 | 250 | | computed by multiplying proposed tax rate by current total |
---|
251 | 251 | | value). |
---|
252 | 252 | | ["The (governing body of the taxing unit) is scheduled to |
---|
253 | 253 | | vote on the tax rate that will result in that tax increase at a |
---|
254 | 254 | | public meeting to be held on (date of meeting) at (location of |
---|
255 | 255 | | meeting, including mailing address) at (time of meeting). |
---|
256 | 256 | | ["The (governing body of the taxing unit) proposes to use |
---|
257 | 257 | | the increase in total tax revenue for the purpose of (description |
---|
258 | 258 | | of purpose of increase)."] |
---|
259 | 259 | | (e) A [The] meeting to vote on the tax increase may not be |
---|
260 | 260 | | held [earlier than the third day or] later than the seventh |
---|
261 | 261 | | [14th] day after the date of the [second] public hearing. The |
---|
262 | 262 | | meeting must be held inside the boundaries of the taxing unit in a |
---|
263 | 263 | | publicly owned building or, if a suitable publicly owned building |
---|
264 | 264 | | is not available, in a suitable building to which the public |
---|
265 | 265 | | normally has access. [If the governing body does not adopt a tax |
---|
266 | 266 | | rate that exceeds the lower of the rollback tax rate or the |
---|
267 | 267 | | effective tax rate by the 14th day, it must give a new notice |
---|
268 | 268 | | under Subsection (d) before it may adopt a rate that exceeds the |
---|
269 | 269 | | lower of the rollback tax rate or the effective tax rate.] |
---|
270 | 270 | | Explanation: The changes are necessary to provide the |
---|
271 | 271 | | manner in which the governing body of a taxing unit must in |
---|
272 | 272 | | certain circumstances provide notice of the meeting at which the |
---|
273 | 273 | | governing body will adopt the taxing unit's proposed tax rate. |
---|
274 | 274 | | (10) Senate Rule 12.03(3) is suspended to permit the |
---|
275 | 275 | | committee to add text on a matter not in disagreement in SECTION |
---|
276 | 276 | | 49 of the bill, in added Section 26.061(b), Tax Code, to read as |
---|
277 | 277 | | follows: |
---|
278 | 278 | | "The 86th Texas Legislature modified the manner in which |
---|
279 | 279 | | the voter-approval tax rate is calculated to limit the rate of |
---|
280 | 280 | | growth of property taxes in the state." |
---|
283 | 283 | | statement that the 86th Texas Legislature modified the manner in |
---|
284 | 284 | | which the voter-approval tax rate is calculated. |
---|
285 | 285 | | (11) Senate Rule 12.03(1) is suspended to permit the |
---|
286 | 286 | | committee to amend text not in disagreement in proposed SECTION |
---|
287 | 287 | | 57 of the bill, in added Section 26.16(d-2), Tax Code, to read as |
---|
288 | 288 | | follows: |
---|
289 | 289 | | (d-2) Not later than August 7, the county |
---|
290 | 290 | | assessor-collector shall post on the website the tax rate |
---|
291 | 291 | | calculation forms described by Subsection (d-1)(1) for the |
---|
292 | 292 | | current tax year. |
---|
293 | 293 | | Explanation: The change is necessary to give the county |
---|
294 | 294 | | assessor-collector of a county more time to post certain tax rate |
---|
295 | 295 | | calculation forms on the Internet. |
---|
296 | 296 | | (12) Senate Rule 12.03(3) is suspended to permit the |
---|
297 | 297 | | committee to add text on a matter not in disagreement in SECTION |
---|
298 | 298 | | 57 of the bill, in added Section 26.17(a), Tax Code, to read as |
---|
299 | 299 | | follows: |
---|
300 | 300 | | (6) includes the following statement: "The 86th |
---|
301 | 301 | | Texas Legislature modified the manner in which the |
---|
302 | 302 | | voter-approval tax rate is calculated to limit the rate of growth |
---|
303 | 303 | | of property taxes in the state.". |
---|
304 | 304 | | Explanation: The addition is necessary to require the |
---|
305 | 305 | | chief appraiser of an appraisal district to include in a property |
---|
306 | 306 | | tax database a statement that the 86th Texas Legislature modified |
---|
307 | 307 | | the manner in which the voter-approval tax rate is calculated. |
---|
308 | 308 | | (13) Senate Rule 12.03(1) is suspended to permit the |
---|
309 | 309 | | committee to amend text not in disagreement in proposed SECTION |
---|
310 | 310 | | 58 of the bill, in amended Section 31.12(b)(2), Tax Code, to read |
---|
311 | 311 | | as follows: |
---|
312 | 312 | | (2) if the refund is required by Section 26.07(g) or |
---|
313 | 313 | | 26.075(k), on the date the results of the election to approve or |
---|
314 | 314 | | reduce the tax rate, as applicable, are certified; |
---|
315 | 315 | | Explanation: The change is necessary to change the date on |
---|
316 | 316 | | which liability for certain tax refunds arises. |
---|
317 | 317 | | (14) Senate Rule 12.03(3) is suspended to permit the |
---|
318 | 318 | | committee to add text on a matter not in disagreement in SECTION |
---|
319 | 319 | | 66 of the bill, in amended Section 41.66, Tax Code, to read as |
---|
320 | 320 | | follows: |
---|
321 | 321 | | (j-2) An appraisal review board must schedule a hearing |
---|
322 | 322 | | on a protest filed by a property owner who is 65 years of age or |
---|
323 | 323 | | older, disabled, a military service member, a military veteran, |
---|
324 | 324 | | or the spouse of a military service member or military veteran |
---|
325 | 325 | | before scheduling a hearing on a protest filed by a designated |
---|
326 | 326 | | agent of a property owner. |
---|
327 | 327 | | Explanation: The addition is necessary to require an |
---|
328 | 328 | | appraisal review board to schedule a hearing on a protest filed |
---|
329 | 329 | | by certain persons before those of other persons. |
---|
330 | 330 | | (15) Senate Rule 12.03(2) is suspended to permit the |
---|
331 | 331 | | committee to omit text not in disagreement by omitting SECTION 68 |
---|
332 | 332 | | of the senate engrossment of Senate Bill 2 and the corresponding |
---|
333 | 333 | | section of the bill as the bill was amended by the house, which |
---|
334 | 334 | | reads as follows: |
---|
335 | 335 | | SECTION 68. Section 45.105(e), Education Code, is |
---|
336 | 336 | | amended to read as follows: |
---|
337 | 337 | | (e) The governing body of an independent school district |
---|
338 | 338 | | that governs a junior college district under Subchapter B, |
---|
339 | 339 | | Chapter 130, in a county with a population of more than two |
---|
340 | 340 | | million may dedicate a specific percentage of the local tax levy |
---|
341 | 341 | | to the use of the junior college district for facilities and |
---|
342 | 342 | | equipment or for the maintenance and operating expenses of the |
---|
343 | 343 | | junior college district. To be effective, the dedication must be |
---|
344 | 344 | | made by the governing body on or before the date on which the |
---|
345 | 345 | | governing body adopts its tax rate for a year. The amount of |
---|
346 | 346 | | local tax funds derived from the percentage of the local tax levy |
---|
347 | 347 | | dedicated to a junior college district from a tax levy may not |
---|
348 | 348 | | exceed the amount that would be levied by five percent of the |
---|
349 | 349 | | no-new-revenue [effective] tax rate for the tax year calculated |
---|
350 | 350 | | as provided by Section 26.04, Tax Code, on all property taxable |
---|
351 | 351 | | by the school district. All real property purchased with these |
---|
352 | 352 | | funds is the property of the school district, but is subject to |
---|
353 | 353 | | the exclusive control of the governing body of the junior college |
---|
354 | 354 | | district for as long as the junior college district uses the |
---|
355 | 355 | | property for educational purposes. |
---|
356 | 356 | | Explanation: The omission is necessary to ensure |
---|
357 | 357 | | consistency of terminology used in the Education Code to describe |
---|
358 | 358 | | certain tax rates. |
---|
359 | 359 | | (16) Senate Rule 12.03(4) is suspended to permit the |
---|
360 | 360 | | committee to add text on a matter not included in either the house |
---|
361 | 361 | | or senate version of the bill by adding the following new |
---|
362 | 362 | | SECTIONS to the bill: |
---|
363 | 363 | | SECTION 76. Section 281.107(j), Health and Safety Code, |
---|
364 | 364 | | is amended to read as follows: |
---|
365 | 365 | | (j) The portion of the rate of ad valorem tax that is to |
---|
366 | 366 | | be levied and assessed each year by or for the district that is |
---|
367 | 367 | | allocated by the district to the payment of the principal of and |
---|
368 | 368 | | the interest on bonds and other obligations or the maintenance of |
---|
369 | 369 | | reserves therefor in accordance with this section shall be |
---|
370 | 370 | | applied as a payment on current debt in calculating the current |
---|
371 | 371 | | debt rate under the applicable voter-approval tax rate |
---|
372 | 372 | | [rollback] provisions of Chapter 26, Tax Code. |
---|
373 | 373 | | SECTION 77. The heading to Section 281.124, Health and |
---|
374 | 374 | | Safety Code, is amended to read as follows: |
---|
375 | 375 | | Sec. 281.124. ELECTION TO APPROVE TAX RATE IN EXCESS OF |
---|
376 | 376 | | VOTER-APPROVAL [ROLLBACK] TAX RATE. |
---|
377 | 377 | | Explanation: The addition is necessary to ensure |
---|
378 | 378 | | consistency of terminology used in the Health and Safety Code and |
---|
379 | 379 | | Title 1 of the Tax Code to describe certain tax rates. |
---|
380 | 380 | | (17) Senate Rule 12.03(3) is suspended to permit the |
---|
381 | 381 | | committee to add text on a matter not in disagreement in SECTION |
---|
382 | 382 | | 78 of the bill, in amended Section 281.124, Health and Safety |
---|
383 | 383 | | Code, to read as follows: |
---|
384 | 384 | | (b) The board may hold an election at which the |
---|
385 | 385 | | registered voters of the district may approve a tax rate for the |
---|
386 | 386 | | current tax year that exceeds the district's voter-approval |
---|
387 | 387 | | [rollback] tax rate for the year computed under Chapter 26, Tax |
---|
388 | 388 | | Code, by a specific rate stated in dollars and cents per $100 of |
---|
389 | 389 | | taxable value. |
---|
390 | 390 | | (c) An election under this section must be held at least |
---|
391 | 391 | | 180 days before the date on which the district's tax rate is |
---|
392 | 392 | | adopted by the board. At the election, the ballot shall be |
---|
401 | 401 | | Explanation: The addition is necessary to ensure |
---|
402 | 402 | | consistency of terminology used in the Health and Safety Code and |
---|
403 | 403 | | Title 1 of the Tax Code to describe certain tax rates. |
---|
404 | 404 | | (18) Senate Rule 12.03(4) is suspended to permit the |
---|
405 | 405 | | committee to add text on a matter not included in either the house |
---|
406 | 406 | | or senate version of the bill by adding the following new SECTION |
---|
407 | 407 | | to the bill: |
---|
408 | 408 | | SECTION 85. Section 49.057, Water Code, is amended by |
---|
409 | 409 | | amending Subsection (b) and adding Subsection (b-1) to read as |
---|
410 | 410 | | follows: |
---|
411 | 411 | | (b) The board shall adopt an annual budget. The board of |
---|
412 | 412 | | a developed district, as defined by Section 49.23602, shall |
---|
413 | 413 | | include as an appendix to the budget the district's: |
---|
414 | 414 | | (1) audited financial statements; |
---|
415 | 415 | | (2) bond transcripts; and |
---|
416 | 416 | | (3) engineer's reports required by Section 49.106. |
---|
417 | 417 | | (b-1) All district employees are employed at the will of |
---|
418 | 418 | | the district unless the district and employee execute a written |
---|
419 | 419 | | employment contract. |
---|
420 | 420 | | Explanation: The addition is necessary to ensure that the |
---|
421 | 421 | | board of certain special districts includes an appendix in the |
---|
422 | 422 | | district's budget that includes certain information. |
---|
423 | 423 | | (19) Senate Rule 12.03(1) is suspended to permit the |
---|
424 | 424 | | committee to amend text not in disagreement in proposed SECTION |
---|
425 | 425 | | 105 of the bill, in the transition language, to read as follows: |
---|
426 | 426 | | SECTION 105. (a) An appraisal district established in a |
---|
427 | 427 | | county with a population of 200,000 or more and each taxing unit |
---|
428 | 428 | | located wholly or primarily in such an appraisal district shall |
---|
429 | 429 | | comply with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, |
---|
430 | 430 | | and 26.18, Tax Code, as added by this Act, beginning with the 2020 |
---|
431 | 431 | | tax year. |
---|
432 | 432 | | (b) An appraisal district established in a county with a |
---|
433 | 433 | | population of less than 200,000 and each taxing unit located |
---|
434 | 434 | | wholly or primarily in such an appraisal district shall comply |
---|
435 | 435 | | with Sections 26.04(e-2), 26.05(d-1) and (d-2), 26.17, and |
---|
436 | 436 | | 26.18, Tax Code, as added by this Act, beginning with the 2021 tax |
---|
437 | 437 | | year. |
---|
438 | 438 | | Explanation: The change is necessary to provide for the |
---|
439 | 439 | | applicability and implementation of certain provisions of the |
---|
440 | 440 | | Tax Code added by the bill. |
---|
441 | 441 | | (20) Senate Rule 12.03(1) is suspended to permit the |
---|
442 | 442 | | committee to amend text not in disagreement in proposed SECTION |
---|
443 | 443 | | 111 of the bill, in the transition language, to read as follows: |
---|
444 | 444 | | SECTION 111. Sections 41.46, 41.461, 41.47, 41.66(h), |
---|
445 | 445 | | (i), and (j), and 41.67, Tax Code, as amended by this Act, and |
---|
446 | 446 | | Sections 41.66(j-1), (j-2), and (p), Tax Code, as added by this |
---|
447 | 447 | | Act, apply only to a protest for which the notice of protest was |
---|
448 | 448 | | filed by a property owner or the designated agent of the owner |
---|
449 | 449 | | with the appraisal review board established for an appraisal |
---|
450 | 450 | | district on or after January 1, 2020. |
---|
451 | 451 | | Explanation: The change is necessary to provide for the |
---|
452 | 452 | | implementation of certain provisions of the Tax Code added by the |
---|
453 | 453 | | bill. |
---|
454 | 454 | | (21) Senate Rule 12.03(4) is suspended to permit the |
---|
455 | 455 | | committee to add text on a matter not included in either the house |
---|
456 | 456 | | or senate version of the bill by adding the following new |
---|
457 | 457 | | SECTIONS to the bill: |
---|
458 | 458 | | SECTION 115. Section 42.081, Tax Code, as added by this |
---|
459 | 459 | | Act, applies only to an appeal under Chapter 42, Tax Code, that is |
---|
460 | 460 | | filed on or after January 1, 2020. |
---|
461 | 461 | | SECTION 117. Section 49.057, Water Code, as amended by |
---|
462 | 462 | | this Act, applies only to a budget adopted on or after January 1, |
---|
463 | 463 | | 2020. |
---|
464 | 464 | | Explanation: The changes are necessary to provide for the |
---|
465 | 465 | | implementation of certain provisions of the Tax Code and Water |
---|
466 | 466 | | Code added by the bill. |
---|
467 | 467 | | (22) Senate Rule 12.03(2) is suspended to permit the |
---|
468 | 468 | | committee to omit text not in disagreement in SECTION 110 of the |
---|
469 | 469 | | senate engrossment of Senate Bill 2 and the corresponding section |
---|
470 | 470 | | of the bill as the bill was amended by the house by striking |
---|
471 | 471 | | references to Sections 26.04(e-2), (e-3), and (e-4) and Sections |
---|
472 | 472 | | 26.05(d-1) and (d-2), Tax Code. |
---|
473 | 473 | | Explanation: The omission is necessary to implement the |
---|
474 | 474 | | changes made in SECTION 105 by the bill. |
---|