Texas 2023 88th 3rd C.S.

Texas House Bill HB64 Introduced / Bill

Filed 10/09/2023

                    By: Vasut H.B. No. 64


 A BILL TO BE ENTITLED
 AN ACT
 relating to the elimination of ad valorem taxes and the creation of
 a joint interim committee on the elimination of those taxes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  (a) Title 1, Tax Code, is repealed.
 (b)  Notwithstanding any other law, this state or a political
 subdivision of this state may not impose an ad valorem tax. To the
 extent of a conflict, this section controls over a conflicting
 provision in a general or special law.
 (c)  The change in law made by this section does not affect
 tax liability accruing before the effective date of this section.
 That liability continues in effect as if this section had not been
 enacted, and the former law is continued in effect for the
 collection of taxes due and for civil and criminal enforcement of
 the liability for those taxes.
 (d)  This section takes effect January 1, 2033.
 SECTION 2.  (a) In this section, "committee" means the joint
 interim committee on the elimination of ad valorem taxes.
 (b) The joint interim committee on the elimination of ad
 valorem taxes is composed of:
 (1)  five members of the house of representatives
 appointed by the speaker of the house of representatives; and
 (2)  five senators appointed by the lieutenant
 governor.
 (c)  The speaker of the house of representatives and the
 lieutenant governor shall make the appointments under Subsection
 (b) of this section not later than March 1, 2024.
 (d)  The speaker of the house of representatives and the
 lieutenant governor shall each designate a co-chair from among the
 committee members.
 (e)  The committee shall convene at the joint call of the
 co-chairs.
 (f)  The committee has all other powers and duties provided
 to a special or select committee by the rules of the senate and
 house of representatives, by Subchapter B, Chapter 301, Government
 Code, and by policies of the senate and house committees on
 administration.
 (g)  The committee shall conduct a comprehensive study of
 alternative methods of taxation to replace local tax revenue that
 will be lost when ad valorem taxes are eliminated.
 (h)  For each alternative method of taxation considered by
 the committee, the committee shall:
 (1)  consider whether political subdivisions that
 currently impose ad valorem taxes would have the authority to
 impose the proposed alternative tax;
 (2)  determine the average tax rate for the proposed
 alternative tax imposed by each type of political subdivision that
 would be necessary to generate the same amount of tax revenue as the
 amount of tax revenue lost as a result of the elimination of ad
 valorem taxes;
 (3)  determine, if appropriate, the effect that
 broadening the application of the proposed alternative tax at the
 local level would have on the tax rates identified under
 Subdivision (2) of this subsection;
 (4)  identify whether tax revenue generated by the
 proposed alternative tax would require redistribution to offset
 disparities in available local tax revenue as a result of the
 elimination of ad valorem taxes and, if so, evaluate the different
 mechanisms of redistribution available; and
 (5)  identify and examine any other issue that would
 need to be addressed to implement the elimination of ad valorem
 taxes.
 (i)  On request of the committee, a state agency or political
 subdivision shall provide information for and assistance in
 conducting the study under this section.
 (j)  Not later than November 1, 2024, the committee shall
 prepare and submit to the legislature a written report containing
 the results of the study and any recommendations for legislative or
 other action.
 (k)  The committee is abolished and this section expires
 January 1, 2025.
 SECTION 3.  Except as otherwise provided by this Act, this
 Act takes effect February 7, 2024.