1 | 1 | | 89R17169 RDS-D |
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2 | 2 | | By: Patterson H.B. No. 5161 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the authority of the officer or employee designated by |
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10 | 10 | | the governing body of a municipality to calculate certain ad |
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11 | 11 | | valorem tax rates of the municipality to recalculate those rates. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 26.013(a)(2), Tax Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (2) "Voter-approval tax rate" means a taxing unit's |
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16 | 16 | | voter-approval tax rate in the applicable preceding tax year[, as |
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17 | 17 | | adopted by the taxing unit during the applicable preceding tax |
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18 | 18 | | year,] less the unused increment rate for that preceding tax year. |
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19 | 19 | | SECTION 2. Section 26.013, Tax Code, is amended by adding |
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20 | 20 | | Subsection (a-1) to read as follows: |
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21 | 21 | | (a-1) For purposes of this section, a voter-approval tax |
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22 | 22 | | rate that is recalculated under Section 26.04(c-3) is the taxing |
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23 | 23 | | unit's voter-approval tax rate in the applicable preceding tax |
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24 | 24 | | year. |
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25 | 25 | | SECTION 3. Section 26.04, Tax Code, is amended by adding |
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26 | 26 | | Subsection (c-3) and amending Subsections (d-1), (d-2), and (d-3) |
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27 | 27 | | to read as follows: |
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28 | 28 | | (c-3) Notwithstanding any other provision of this chapter, |
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29 | 29 | | the officer or employee designated by the governing body of a |
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30 | 30 | | municipality to calculate the municipality's no-new-revenue tax |
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31 | 31 | | rate and voter-approval tax rate for a tax year under Subsection |
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32 | 32 | | (c-2) shall recalculate those rates for that tax year after the |
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33 | 33 | | municipality receives the certified appraisal roll. |
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34 | 34 | | (d-1) The designated officer or employee shall use the tax |
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35 | 35 | | rate calculation forms prescribed by the comptroller under Section |
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36 | 36 | | 5.07 in calculating or recalculating the no-new-revenue tax rate |
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37 | 37 | | and the voter-approval tax rate. |
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38 | 38 | | (d-2) The designated officer or employee may not submit the |
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39 | 39 | | no-new-revenue tax rate and the voter-approval tax rate to the |
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40 | 40 | | governing body of the taxing unit and the taxing unit may not adopt |
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41 | 41 | | a tax rate until the designated officer or employee certifies on the |
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42 | 42 | | tax rate calculation forms that the designated officer or employee |
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43 | 43 | | has accurately calculated the tax rates and has used values that are |
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44 | 44 | | the same as the values shown in the taxing unit's certified |
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45 | 45 | | appraisal roll in performing the calculations. The designated |
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46 | 46 | | officer or employee shall make the same certification required by |
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47 | 47 | | this subsection on the tax rate calculation forms used to |
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48 | 48 | | recalculate the tax rates under Subsection (c-3). |
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49 | 49 | | (d-3) As soon as practicable after the designated officer or |
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50 | 50 | | employee calculates or recalculates the no-new-revenue tax rate and |
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51 | 51 | | the voter-approval tax rate of the taxing unit, the designated |
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52 | 52 | | officer or employee shall submit the tax rate calculation forms |
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53 | 53 | | used in calculating or recalculating the rates to the county |
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54 | 54 | | assessor-collector for each county in which all or part of the |
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55 | 55 | | territory of the taxing unit is located. |
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56 | 56 | | SECTION 4. Section 26.16(d-1), Tax Code, is amended to read |
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57 | 57 | | as follows: |
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58 | 58 | | (d-1) In addition to posting the information described by |
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59 | 59 | | Subsection (a), the county assessor-collector shall post on the |
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60 | 60 | | Internet website of the county for each taxing unit all or part of |
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61 | 61 | | the territory of which is located in the county: |
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62 | 62 | | (1) the tax rate calculation forms used by the |
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63 | 63 | | designated officer or employee of each taxing unit to calculate or |
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64 | 64 | | recalculate the no-new-revenue and voter-approval tax rates of the |
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65 | 65 | | taxing unit for the most recent five tax years beginning with the |
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66 | 66 | | 2020 tax year, as certified by the designated officer or employee |
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67 | 67 | | under Section 26.04(d-2); and |
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68 | 68 | | (2) the name and official contact information for each |
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69 | 69 | | member of the governing body of the taxing unit. |
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70 | 70 | | SECTION 5. Section 26.17(e), Tax Code, is amended to read as |
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71 | 71 | | follows: |
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72 | 72 | | (e) The officer or employee designated by the governing body |
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73 | 73 | | of each taxing unit in which the property is located to calculate |
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74 | 74 | | the no-new-revenue tax rate and the voter-approval tax rate for the |
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75 | 75 | | taxing unit must electronically incorporate into the database: |
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76 | 76 | | (1) the information described by Subsections (b)(5), |
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77 | 77 | | (6), (7), (12), and (13), as applicable, as the information becomes |
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78 | 78 | | available; [and] |
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79 | 79 | | (2) the tax rate calculation forms prepared under |
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80 | 80 | | Section 26.04(d-1) at the same time the designated officer or |
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81 | 81 | | employee submits the tax rates to the governing body of the taxing |
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82 | 82 | | unit under Section 26.04(e); and |
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83 | 83 | | (3) the tax rate calculation forms prepared under |
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84 | 84 | | Section 26.04(c-3) as soon as practicable after certifying the |
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85 | 85 | | forms. |
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86 | 86 | | SECTION 6. This Act takes effect September 1, 2025. |
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