2 | 7 | | |
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3 | 8 | | |
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4 | 9 | | A BILL TO BE ENTITLED |
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5 | 10 | | AN ACT |
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6 | 11 | | relating to the applicability of the exemptions in the event of a |
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7 | 12 | | disaster from certain limitations on the ad valorem tax rate of a |
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8 | 13 | | taxing unit. |
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9 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 15 | | SECTION 1. Section 26.07(b), Tax Code, is amended to read as |
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11 | 16 | | follows: |
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12 | 17 | | (b) If the governing body of a special taxing unit or a |
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13 | 18 | | municipality with a population of 30,000 or more adopts a tax rate |
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14 | 19 | | that exceeds the taxing unit's voter-approval tax rate, or the |
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15 | 20 | | governing body of a taxing unit other than a special taxing unit or |
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16 | 21 | | a municipality with a population of less than 30,000 regardless of |
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17 | 22 | | whether it is a special taxing unit adopts a tax rate that exceeds |
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18 | 23 | | the greater of the taxing unit's voter-approval tax rate or de |
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19 | 24 | | minimis rate, the registered voters of the taxing unit at an |
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20 | 25 | | election held for that purpose must determine whether to approve |
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21 | 26 | | the adopted tax rate. When increased expenditure of money by a |
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22 | 27 | | taxing unit is necessary to respond to a disaster, including a |
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23 | 28 | | tornado, hurricane, flood, wildfire, or other calamity, but not |
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24 | 29 | | including a drought or epidemic, that has impacted the taxing unit |
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25 | 30 | | and the governor has declared any part of the area in which the |
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26 | 31 | | taxing unit is located as a disaster area, an election is not |
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27 | 32 | | required under this section to approve the tax rate adopted by the |
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28 | 33 | | governing body for the year following the year in which the disaster |
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29 | 34 | | occurs. |
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30 | 35 | | SECTION 2. Section 26.08(a-1), Tax Code, is amended to read |
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31 | 36 | | as follows: |
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32 | 37 | | (a-1) When increased expenditure of money by a school |
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33 | 38 | | district is necessary to respond to a disaster, including a |
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34 | 39 | | tornado, hurricane, flood, wildfire, or other calamity, but not |
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35 | 40 | | including a drought or epidemic, that has impacted a school |
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36 | 41 | | district and the governor has requested federal disaster assistance |
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37 | 42 | | for the area in which the school district is located, an election is |
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38 | 43 | | not required under this section to approve the tax rate adopted by |
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39 | 44 | | the governing body for the year following the year in which the |
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40 | 45 | | disaster occurs. A tax rate adopted under this subsection applies |
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41 | 46 | | only in the year for which the rate is adopted. If a district adopts |
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42 | 47 | | a tax rate under this subsection, the amount by which that rate |
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43 | 48 | | exceeds the district's voter-approval tax rate for that tax year |
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44 | 49 | | may not be considered when calculating the district's |
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45 | 50 | | voter-approval tax rate for the tax year following the year in which |
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46 | 51 | | the district adopts the rate. |
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47 | 52 | | SECTION 3. The changes in law made by this Act apply to the |
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48 | 53 | | ad valorem tax rate of a taxing unit beginning with the 2022 tax |
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49 | 54 | | year. |
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50 | 55 | | SECTION 4. This Act takes effect January 1, 2022. |
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