4 | 10 | | AN ACT |
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5 | 11 | | relating to the alternate provisions for ad valorem tax rate |
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6 | 12 | | notices when the de minimis rate of a taxing unit exceeds the |
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7 | 13 | | voter-approval tax rate. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Section 26.063, Tax Code, is amended by adding |
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10 | 16 | | Subsection (d) to read as follows: |
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11 | 17 | | (d) This subsection applies only to a taxing unit that is |
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12 | 18 | | not required to hold an election under Section 26.07 and for which |
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13 | 19 | | the qualified voters of the taxing unit may not petition to hold an |
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14 | 20 | | election under Section 26.075. In the notice required to be |
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15 | 21 | | provided by the taxing unit under Section 26.06(b-1) or (b-3), as |
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16 | 22 | | applicable, the taxing unit shall: |
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17 | 23 | | (1) add the following to the end of the list of rates |
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18 | 24 | | included in the notice: |
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19 | 25 | | "DE MINIMIS RATE $_______________ per $100"; |
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20 | 26 | | (2) substitute the following for the definition of |
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21 | 27 | | "voter-approval tax rate": "The voter-approval tax rate is the |
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22 | 28 | | highest tax rate that (name of taxing unit) may adopt without |
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23 | 29 | | holding an election to seek voter approval of the rate, unless the |
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24 | 30 | | de minimis rate for (name of taxing unit) exceeds the |
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25 | 31 | | voter-approval tax rate for (name of taxing unit)."; |
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26 | 32 | | (3) add the following definition of "de minimis rate": |
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27 | 33 | | "The de minimis rate is the rate equal to the sum of the |
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28 | 34 | | no-new-revenue maintenance and operations rate for (name of taxing |
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29 | 35 | | unit), the rate that will raise $500,000, and the current debt rate |
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30 | 36 | | for (name of taxing unit)."; and |
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31 | 37 | | (4) substitute the following for the provision that |
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32 | 38 | | provides notice that an election is required: "The proposed tax |
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33 | 39 | | rate is greater than the voter-approval tax rate but not greater |
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34 | 40 | | than the de minimis rate and does not exceed the rate that allows |
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35 | 41 | | voters to petition for an election under Section 26.075, Tax Code. |
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36 | 42 | | If (name of taxing unit) adopts the proposed tax rate, (name of |
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37 | 43 | | taxing unit) is not required to hold an election so that the voters |
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38 | 44 | | may accept or reject the proposed tax rate and the qualified voters |
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39 | 45 | | of the (name of taxing unit) may not petition the (name of taxing |
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40 | 46 | | unit) to require an election to be held to determine whether to |
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41 | 47 | | reduce the proposed tax rate.". |
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42 | 48 | | SECTION 2. The change in law made by this Act applies only |
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43 | 49 | | to a tax rate notice that is provided by a taxing unit on or after |
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44 | 50 | | the effective date of this Act. A tax rate notice that is provided |
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45 | 51 | | by a taxing unit before the effective date of this Act is governed |
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46 | 52 | | by the law in effect on the date the notice is provided, and the |
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47 | 53 | | former law is continued in effect for that purpose. |
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48 | 54 | | SECTION 3. This Act takes effect immediately if it receives |
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49 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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50 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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51 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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52 | 58 | | Act takes effect September 1, 2021. |
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53 | | - | ______________________________ ______________________________ |
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54 | | - | President of the Senate Speaker of the House |
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55 | | - | I certify that H.B. No. 2429 was passed by the House on April |
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56 | | - | 9, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not |
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57 | | - | voting. |
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58 | | - | ______________________________ |
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59 | | - | Chief Clerk of the House |
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60 | | - | I certify that H.B. No. 2429 was passed by the Senate on April |
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61 | | - | 29, 2021, by the following vote: Yeas 31, Nays 0. |
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62 | | - | ______________________________ |
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63 | | - | Secretary of the Senate |
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64 | | - | APPROVED: _____________________ |
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65 | | - | Date |
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66 | | - | _____________________ |
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67 | | - | Governor |
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| 59 | + | * * * * * |
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