1 | 1 | | By: Vasut H.B. No. 64 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the elimination of ad valorem taxes and the creation of |
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7 | 7 | | a joint interim committee on the elimination of those taxes. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. (a) Title 1, Tax Code, is repealed. |
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10 | 10 | | (b) Notwithstanding any other law, this state or a political |
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11 | 11 | | subdivision of this state may not impose an ad valorem tax. To the |
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12 | 12 | | extent of a conflict, this section controls over a conflicting |
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13 | 13 | | provision in a general or special law. |
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14 | 14 | | (c) The change in law made by this section does not affect |
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15 | 15 | | tax liability accruing before the effective date of this section. |
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16 | 16 | | That liability continues in effect as if this section had not been |
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17 | 17 | | enacted, and the former law is continued in effect for the |
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18 | 18 | | collection of taxes due and for civil and criminal enforcement of |
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19 | 19 | | the liability for those taxes. |
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20 | 20 | | (d) This section takes effect January 1, 2033. |
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21 | 21 | | SECTION 2. (a) In this section, "committee" means the joint |
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22 | 22 | | interim committee on the elimination of ad valorem taxes. |
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23 | 23 | | (b) The joint interim committee on the elimination of ad |
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24 | 24 | | valorem taxes is composed of: |
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25 | 25 | | (1) five members of the house of representatives |
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26 | 26 | | appointed by the speaker of the house of representatives; and |
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27 | 27 | | (2) five senators appointed by the lieutenant |
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28 | 28 | | governor. |
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29 | 29 | | (c) The speaker of the house of representatives and the |
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30 | 30 | | lieutenant governor shall make the appointments under Subsection |
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31 | 31 | | (b) of this section not later than March 1, 2024. |
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32 | 32 | | (d) The speaker of the house of representatives and the |
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33 | 33 | | lieutenant governor shall each designate a co-chair from among the |
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34 | 34 | | committee members. |
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35 | 35 | | (e) The committee shall convene at the joint call of the |
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36 | 36 | | co-chairs. |
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37 | 37 | | (f) The committee has all other powers and duties provided |
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38 | 38 | | to a special or select committee by the rules of the senate and |
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39 | 39 | | house of representatives, by Subchapter B, Chapter 301, Government |
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40 | 40 | | Code, and by policies of the senate and house committees on |
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41 | 41 | | administration. |
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42 | 42 | | (g) The committee shall conduct a comprehensive study of |
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43 | 43 | | alternative methods of taxation to replace local tax revenue that |
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44 | 44 | | will be lost when ad valorem taxes are eliminated. |
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45 | 45 | | (h) For each alternative method of taxation considered by |
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46 | 46 | | the committee, the committee shall: |
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47 | 47 | | (1) consider whether political subdivisions that |
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48 | 48 | | currently impose ad valorem taxes would have the authority to |
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49 | 49 | | impose the proposed alternative tax; |
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50 | 50 | | (2) determine the average tax rate for the proposed |
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51 | 51 | | alternative tax imposed by each type of political subdivision that |
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52 | 52 | | would be necessary to generate the same amount of tax revenue as the |
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53 | 53 | | amount of tax revenue lost as a result of the elimination of ad |
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54 | 54 | | valorem taxes; |
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55 | 55 | | (3) determine, if appropriate, the effect that |
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56 | 56 | | broadening the application of the proposed alternative tax at the |
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57 | 57 | | local level would have on the tax rates identified under |
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58 | 58 | | Subdivision (2) of this subsection; |
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59 | 59 | | (4) identify whether tax revenue generated by the |
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60 | 60 | | proposed alternative tax would require redistribution to offset |
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61 | 61 | | disparities in available local tax revenue as a result of the |
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62 | 62 | | elimination of ad valorem taxes and, if so, evaluate the different |
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63 | 63 | | mechanisms of redistribution available; and |
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64 | 64 | | (5) identify and examine any other issue that would |
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65 | 65 | | need to be addressed to implement the elimination of ad valorem |
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66 | 66 | | taxes. |
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67 | 67 | | (i) On request of the committee, a state agency or political |
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68 | 68 | | subdivision shall provide information for and assistance in |
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69 | 69 | | conducting the study under this section. |
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70 | 70 | | (j) Not later than November 1, 2024, the committee shall |
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71 | 71 | | prepare and submit to the legislature a written report containing |
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72 | 72 | | the results of the study and any recommendations for legislative or |
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73 | 73 | | other action. |
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74 | 74 | | (k) The committee is abolished and this section expires |
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75 | 75 | | January 1, 2025. |
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76 | 76 | | SECTION 3. Except as otherwise provided by this Act, this |
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77 | 77 | | Act takes effect February 7, 2024. |
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