Texas 2025 - 89th Regular

Texas House Bill HB698 Latest Draft

Bill / Introduced Version Filed 11/12/2024

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                            By: Harrison H.B. No. 698




 A BILL TO BE ENTITLED
 AN ACT
 relating to the abolition of ad valorem taxes and the creation of a
 joint interim committee on the abolition of those taxes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  (a)  In this section, "committee" means the joint
 interim committee on the abolition of ad valorem taxes.
 (b)  The joint interim committee on the abolition 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 February 1, 2026.
 (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 to
 determine how to replace local tax revenue that will be lost when ad
 valorem taxes are abolished with local sales and use tax revenue.
 (h)  The committee shall:
 (1)  consider whether political subdivisions that
 currently impose ad valorem taxes would have the authority to
 impose sales and use taxes;
 (2)  determine the average sales and use tax rate for
 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 abolition of ad valorem taxes;
 (3)  determine, if appropriate, the effect that
 broadening the application of sales and use taxes at the local level
 would have on the tax rates identified under Subdivision (2) of this
 subsection;
 (4)  identify whether tax revenue generated by sales
 and use taxes would require redistribution to offset disparities in
 available local tax revenue as a result of the abolition 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 abolition 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 December 1, 2026, 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, 2027.
 SECTION 2.  (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 January 1, 2031.  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.
 SECTION 3.  (a)  This Act takes effect as provided by
 Subsections (b) and (c) of this section, but only if the
 constitutional amendment proposed by the 89th Legislature, Regular
 Session, 2025, to abolish ad valorem taxes is approved by the
 voters.  If that amendment is not approved by the voters, this Act
 has no effect.
 (b)  This section and Section 1 of this Act take effect
 January 1, 2026.
 (c)  Section 2 of this Act takes effect January 1, 2031.