Texas 2025 - 89th Regular

Texas Senate Bill SB3026 Compare Versions

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11 89R12980 RDS-D
22 By: Bettencourt S.B. No. 3026
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the calculation of certain ad valorem tax rates of a
1010 taxing unit and the manner in which a proposed ad valorem tax rate
1111 that exceeds the voter-approval tax rate is approved; making
1212 conforming changes.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 48.202(f), Education Code, is amended to
1515 read as follows:
1616 (f) For a school year in which the dollar amount guaranteed
1717 level of state and local funds per weighted student per cent of tax
1818 effort ("GL") under Subsection (a-1)(2) exceeds the dollar amount
1919 guaranteed level of state and local funds per weighted student per
2020 cent of tax effort ("GL") under Subsection (a-1)(2) for the
2121 preceding school year, a school district shall reduce the
2222 district's tax rate under Section 45.0032(b)(2) for the tax year
2323 that corresponds to that school year to a rate that results in the
2424 amount of state and local funds per weighted student per cent of tax
2525 effort available to the district at the dollar amount guaranteed
2626 level for the preceding school year. A school district is not
2727 entitled to the amount equal to the increase of revenue described by
2828 this subsection for the school year for which the district must
2929 reduce the district's tax rate. For [Unless Section 26.042(e), Tax
3030 Code, applies to the district, for] a tax year in which a district
3131 must reduce the district's tax rate under this subsection, the
3232 district may not increase the district's maintenance and operations
3333 tax rate to a rate that exceeds the maximum maintenance and
3434 operations tax rate permitted under Section 45.003(d) or (f), as
3535 applicable, minus the reduction of tax effort required under this
3636 subsection. This subsection does not apply if the amount of state
3737 funds appropriated for a school year specifically excludes the
3838 amount necessary to provide the dollar amount guaranteed level of
3939 state and local funds per weighted student per cent of tax effort
4040 under Subsection (a-1)(2).
4141 SECTION 2. Section 3828.157, Special District Local Laws
4242 Code, is amended to read as follows:
4343 Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE
4444 PROVISIONS. Sections 26.04, [26.042,] 26.05, and 26.07, [and
4545 26.075,] Tax Code, do not apply to a tax imposed under Section
4646 3828.153 or 3828.156.
4747 SECTION 3. Section 8876.152(a), Special District Local Laws
4848 Code, is amended to read as follows:
4949 (a) Sections 26.04, [26.042,] 26.05, 26.06, 26.061, and
5050 26.07, [and 26.075,] Tax Code, do not apply to a tax imposed by the
5151 district.
5252 SECTION 4. Section 26.012(18), Tax Code, is amended to read
5353 as follows:
5454 (18) "No-new-revenue maintenance and operations rate"
5555 means a rate expressed in dollars per $100 of taxable value
5656 calculated as follows:
5757 (A) for a taxing unit other than a school
5858 district, the rate calculated according to the following formula:
5959 NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE = (LAST
6060 YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST YEAR'S JUNIOR COLLEGE
6161 LEVY) / (CURRENT TOTAL VALUE [- NEW PROPERTY VALUE])
6262 ; or
6363 (B) for a school district, the rate calculated as
6464 provided by Section 44.004(c)(5)(A)(ii)(a), Education Code.
6565 SECTION 5. Section 26.04(c), Tax Code, is amended to read as
6666 follows:
6767 (c) After the assessor for the taxing unit submits the
6868 appraisal roll for the taxing unit to the governing body of the
6969 taxing unit as required by Subsection (b), an officer or employee
7070 designated by the governing body shall calculate the no-new-revenue
7171 tax rate and the voter-approval tax rate for the taxing unit, where:
7272 (1) "No-new-revenue tax rate" means a rate expressed
7373 in dollars per $100 of taxable value calculated according to the
7474 following formula:
7575 NO-NEW-REVENUE TAX RATE = (LAST YEAR'S LEVY [- LOST PROPERTY
7676 LEVY]) / (CURRENT TOTAL VALUE [- NEW PROPERTY VALUE])
7777 ; and
7878 (2) "Voter-approval tax rate" means a rate expressed
7979 in dollars per $100 of taxable value calculated according to the
8080 following [applicable] formula:
8181 [(A) for a special taxing unit:]
8282 VOTER-APPROVAL TAX RATE = [(]NO-NEW-REVENUE MAINTENANCE AND
8383 OPERATIONS RATE [x 1.08)] + CURRENT DEBT RATE
8484 [; or
8585 [(B) for a taxing unit other than a special taxing
8686 unit:
8787 [VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
8888 OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED INCREMENT
8989 RATE)]
9090 SECTION 6. Sections 26.041(a), (b), (c), (g), and (h), Tax
9191 Code, are amended to read as follows:
9292 (a) In the first year in which an additional sales and use
9393 tax is required to be collected, the no-new-revenue tax rate and
9494 voter-approval tax rate for the taxing unit are calculated
9595 according to the following formulas:
9696 NO-NEW-REVENUE TAX RATE = [(LAST YEAR'S LEVY [-
9797 LOST PROPERTY LEVY]) / (CURRENT TOTAL VALUE [- NEW
9898 PROPERTY VALUE])] - SALES TAX GAIN RATE
9999 and
100100 VOTER-APPROVAL TAX RATE [FOR SPECIAL TAXING UNIT]
101101 = [(]NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE [x
102102 1.08)] + [(]CURRENT DEBT RATE - SALES TAX GAIN RATE[)
103103 [or
104104 [VOTER-APPROVAL TAX RATE FOR TAXING UNIT OTHER
105105 THAN SPECIAL TAXING UNIT = (NO-NEW-REVENUE MAINTENANCE
106106 AND OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE +
107107 UNUSED INCREMENT RATE - SALES TAX GAIN RATE)]
108108 where "sales tax gain rate" means a number expressed in dollars per
109109 $100 of taxable value, calculated by dividing the revenue that will
110110 be generated by the additional sales and use tax in the following
111111 year as calculated under Subsection (d) by the current total value.
112112 (b) Except as provided by Subsections (a) and (c), in a year
113113 in which a taxing unit imposes an additional sales and use tax, the
114114 voter-approval tax rate for the taxing unit is calculated according
115115 to the following formula, regardless of whether the taxing unit
116116 levied a property tax in the preceding year:
117117 VOTER-APPROVAL TAX RATE [FOR SPECIAL TAXING UNIT]
118118 = [[(]LAST YEAR'S MAINTENANCE AND OPERATIONS EXPENSE
119119 [x 1.08)] / (CURRENT TOTAL VALUE [- NEW PROPERTY
120120 VALUE])] + (CURRENT DEBT RATE - SALES TAX REVENUE RATE)
121121 [or
122122 [VOTER-APPROVAL TAX RATE FOR TAXING UNIT OTHER
123123 THAN SPECIAL TAXING UNIT = [(LAST YEAR'S MAINTENANCE
124124 AND OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE
125125 - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE + UNUSED
126126 INCREMENT RATE - SALES TAX REVENUE RATE)]
127127 where "last year's maintenance and operations expense" means the
128128 amount spent for maintenance and operations from property tax and
129129 additional sales and use tax revenues in the preceding year, and
130130 "sales tax revenue rate" means a number expressed in dollars per
131131 $100 of taxable value, calculated by dividing the revenue that will
132132 be generated by the additional sales and use tax in the current year
133133 as calculated under Subsection (d) by the current total value.
134134 (c) In a year in which a taxing unit that has been imposing
135135 an additional sales and use tax ceases to impose an additional sales
136136 and use tax, the no-new-revenue tax rate and voter-approval tax
137137 rate for the taxing unit are calculated according to the following
138138 formulas:
139139 NO-NEW-REVENUE TAX RATE = [(LAST YEAR'S LEVY [-
140140 LOST PROPERTY LEVY]) / (CURRENT TOTAL VALUE [- NEW
141141 PROPERTY VALUE])] + SALES TAX LOSS RATE
142142 and
143143 VOTER-APPROVAL TAX RATE [FOR SPECIAL TAXING UNIT]
144144 = [[(]LAST YEAR'S MAINTENANCE AND OPERATIONS EXPENSE
145145 [x 1.08)] / (CURRENT TOTAL VALUE [- NEW PROPERTY
146146 VALUE])] + CURRENT DEBT RATE
147147 [or
148148 [VOTER-APPROVAL TAX RATE FOR TAXING UNIT OTHER
149149 THAN SPECIAL TAXING UNIT = [(LAST YEAR'S MAINTENANCE
150150 AND OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE
151151 - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE + UNUSED
152152 INCREMENT RATE)]
153153 where "sales tax loss rate" means a number expressed in dollars per
154154 $100 of taxable value, calculated by dividing the amount of sales
155155 and use tax revenue generated in the last four quarters for which
156156 the information is available by the current total value and "last
157157 year's maintenance and operations expense" means the amount spent
158158 for maintenance and operations from property tax and additional
159159 sales and use tax revenues in the preceding year.
160160 (g) If the rate of the additional sales and use tax is
161161 increased, the designated officer or employee shall make two
162162 projections, in the manner provided by Subsection (d), of the
163163 revenue generated by the additional sales and use tax in the
164164 following year. The first projection must take into account the
165165 increase and the second projection must not take into account the
166166 increase. The designated officer or employee shall then subtract
167167 the amount of the result of the second projection from the amount of
168168 the result of the first projection to determine the revenue
169169 generated as a result of the increase in the additional sales and
170170 use tax. In the first year in which an additional sales and use tax
171171 is increased, the no-new-revenue tax rate for the taxing unit is the
172172 no-new-revenue tax rate before the increase minus a number the
173173 numerator of which is the revenue generated as a result of the
174174 increase in the additional sales and use tax, as determined under
175175 this subsection, and the denominator of which is the current total
176176 value [minus the new property value].
177177 (h) If the rate of the additional sales and use tax is
178178 decreased, the designated officer or employee shall make two
179179 projections, in the manner provided by Subsection (d), of the
180180 revenue generated by the additional sales and use tax in the
181181 following year. The first projection must take into account the
182182 decrease and the second projection must not take into account the
183183 decrease. The designated officer or employee shall then subtract
184184 the amount of the result of the first projection from the amount of
185185 the result of the second projection to determine the revenue lost as
186186 a result of the decrease in the additional sales and use tax. In
187187 the first year in which an additional sales and use tax is
188188 decreased, the no-new-revenue tax rate for the taxing unit is the
189189 no-new-revenue tax rate before the decrease plus a number the
190190 numerator of which is the revenue lost as a result of the decrease
191191 in the additional sales and use tax, as determined under this
192192 subsection, and the denominator of which is the current total value
193193 [minus the new property value].
194194 SECTION 7. Sections 26.044(a) and (b), Tax Code, are
195195 amended to read as follows:
196196 (a) The first time that a county adopts a tax rate after
197197 September 1, 1991, in which the state criminal justice mandate
198198 applies to the county, the no-new-revenue maintenance and operation
199199 rate for the county is increased by the rate calculated according to
200200 the following formula:
201201 (State Criminal Justice Mandate) / (Current Total
202202 Value [- New Property Value])
203203 (b) In the second and subsequent years that a county adopts
204204 a tax rate, if the amount spent by the county for the state criminal
205205 justice mandate increased over the previous year, the
206206 no-new-revenue maintenance and operation rate for the county is
207207 increased by the rate calculated according to the following
208208 formula:
209209 (This Year's State Criminal Justice Mandate -
210210 Previous Year's State Criminal Justice Mandate) /
211211 (Current Total Value [- New Property Value])
212212 SECTION 8. Sections 26.0441(a) and (b), Tax Code, are
213213 amended to read as follows:
214214 (a) In the first tax year in which a taxing unit adopts a tax
215215 rate after January 1, 2000, and in which the enhanced minimum
216216 eligibility standards for indigent health care established under
217217 Section 61.006, Health and Safety Code, apply to the taxing unit,
218218 the no-new-revenue maintenance and operations rate for the taxing
219219 unit is increased by the rate computed according to the following
220220 formula:
221221 Amount of Increase = Enhanced Indigent Health
222222 Care Expenditures / (Current Total Value [- New
223223 Property Value])
224224 (b) In each subsequent tax year, if the taxing unit's
225225 enhanced indigent health care expenses exceed the amount of those
226226 expenses for the preceding year, the no-new-revenue maintenance and
227227 operations rate for the taxing unit is increased by the rate
228228 computed according to the following formula:
229229 Amount of Increase = (Current Tax Year's Enhanced
230230 Indigent Health Care Expenditures - Preceding Tax
231231 Year's Indigent Health Care Expenditures) / (Current
232232 Total Value [- New Property Value])
233233 SECTION 9. Section 26.0442(b), Tax Code, is amended to read
234234 as follows:
235235 (b) If a county's indigent defense compensation
236236 expenditures exceed the amount of those expenditures for the
237237 preceding tax year, the no-new-revenue maintenance and operations
238238 rate for the county is increased by the lesser of the rates computed
239239 according to the following formulas:
240240 (Current Tax Year's Indigent Defense
241241 Compensation Expenditures - Preceding Tax Year's
242242 Indigent Defense Compensation Expenditures) /
243243 (Current Total Value [- New Property Value])
244244 or
245245 (Preceding Tax Year's Indigent Defense
246246 Compensation Expenditures x 0.05) / (Current Total
247247 Value [- New Property Value])
248248 SECTION 10. Section 26.0443(b), Tax Code, is amended to
249249 read as follows:
250250 (b) If a county's or municipality's eligible county hospital
251251 expenditures exceed the amount of those expenditures for the
252252 preceding tax year, the no-new-revenue maintenance and operations
253253 rate for the county or municipality, as applicable, is increased by
254254 the lesser of the rates computed according to the following
255255 formulas:
256256 (Current Tax Year's Eligible County Hospital
257257 Expenditures - Preceding Tax Year's Eligible County
258258 Hospital Expenditures) / (Current Total Value [- New
259259 Property Value])
260260 or
261261 (Preceding Tax Year's Eligible County Hospital
262262 Expenditures x 0.08) / (Current Total Value [- New
263263 Property Value])
264264 SECTION 11. Section 26.0444(b), Tax Code, is amended to
265265 read as follows:
266266 (b) The no-new-revenue maintenance and operations rate for
267267 a defunding municipality is decreased by the rate computed
268268 according to the following formula:
269269 Municipal Public Safety Expenditure Adjustment /
270270 (Current Total Value [- New Property Value])
271271 SECTION 12. Section 26.07(b), Tax Code, is amended to read
272272 as follows:
273273 (b) If the governing body of a [special] taxing unit [or a
274274 municipality with a population of 30,000 or more] adopts a tax rate
275275 that exceeds the taxing unit's voter-approval tax rate, [or the
276276 governing body of a taxing unit other than a special taxing unit or
277277 a municipality with a population of less than 30,000 regardless of
278278 whether it is a special taxing unit adopts a tax rate that exceeds
279279 the greater of the taxing unit's voter-approval tax rate or de
280280 minimis rate,] the registered voters of the taxing unit at an
281281 election held for that purpose must determine whether to approve
282282 the adopted tax rate.
283283 SECTION 13. Sections 31.12(a) and (b), Tax Code, are
284284 amended to read as follows:
285285 (a) If a refund of a tax provided by Section 11.431(b),
286286 26.07(g), [26.075(k),] 26.15(f), 31.11, 31.111, or 31.112 is paid
287287 on or before the 60th day after the date the liability for the
288288 refund arises, no interest is due on the amount refunded. If not
289289 paid on or before that 60th day, the amount of the tax to be refunded
290290 accrues interest at a rate of one percent for each month or part of a
291291 month that the refund is unpaid, beginning with the date on which
292292 the liability for the refund arises.
293293 (b) For purposes of this section, liability for a refund
294294 arises:
295295 (1) if the refund is required by Section 11.431(b), on
296296 the date the chief appraiser notifies the collector for the taxing
297297 unit of the approval of the late homestead exemption;
298298 (2) if the refund is required by Section 26.07(g) [or
299299 26.075(k)], on the date the results of the election to approve [or
300300 reduce] the tax rate[, as applicable,] are certified;
301301 (3) if the refund is required by Section 26.15(f):
302302 (A) for a correction to the tax roll made under
303303 Section 26.15(b), on the date the change in the tax roll is
304304 certified to the assessor for the taxing unit under Section 25.25;
305305 or
306306 (B) for a correction to the tax roll made under
307307 Section 26.15(c), on the date the change in the tax roll is ordered
308308 by the governing body of the taxing unit;
309309 (4) if the refund is required by Section 31.11, on the
310310 date the auditor for the taxing unit determines that the payment was
311311 erroneous or excessive or, if the amount of the refund exceeds the
312312 applicable amount specified by Section 31.11(a), on the date the
313313 governing body of the taxing unit approves the refund;
314314 (5) if the refund is required by Section 31.111, on the
315315 date the collector for the taxing unit determines that the payment
316316 was erroneous; or
317317 (6) if the refund is required by Section 31.112, on the
318318 date required by Section 31.112(d) or (e), as applicable.
319319 SECTION 14. Section 33.08(b), Tax Code, is amended to read
320320 as follows:
321321 (b) The governing body of the taxing unit or appraisal
322322 district, in the manner required by law for official action, may
323323 provide that taxes that become delinquent on or after June 1 under
324324 Section [26.075(j),] 26.15(e), 31.03, 31.031, 31.032, 31.033,
325325 31.04, or 42.42 incur an additional penalty to defray costs of
326326 collection. The amount of the penalty may not exceed the amount of
327327 the compensation specified in the applicable contract with an
328328 attorney under Section 6.30 to be paid in connection with the
329329 collection of the delinquent taxes.
330330 SECTION 15. Section 49.057, Water Code, is amended by
331331 amending Subsection (b) and adding Subsection (j) to read as
332332 follows:
333333 (b) The board shall adopt an annual budget. The board of a
334334 developed district[, as defined by Section 49.23602,] shall include
335335 as an appendix to the budget the district's:
336336 (1) audited financial statements;
337337 (2) bond transcripts; and
338338 (3) engineer's reports required by Section 49.106.
339339 (j) In this section, "developed district" means a district
340340 that has financed, completed, and issued bonds to pay for all land,
341341 works, improvements, facilities, plants, equipment, and appliances
342342 necessary to serve at least 95 percent of the projected build-out of
343343 the district in accordance with the purposes for its creation or the
344344 purposes authorized by the constitution, this code, or any other
345345 law.
346346 SECTION 16. Section 49.107(g), Water Code, is amended to
347347 read as follows:
348348 (g) Sections 26.04, [26.042,] 26.05, 26.061, and 26.07,
349349 [and 26.075,] Tax Code, do not apply to a tax levied and collected
350350 under this section or an ad valorem tax levied and collected for the
351351 payment of the interest on and principal of bonds issued by a
352352 district.
353353 SECTION 17. Section 49.108(f), Water Code, is amended to
354354 read as follows:
355355 (f) Sections 26.04, [26.042,] 26.05, 26.061, and 26.07,
356356 [and 26.075,] Tax Code, do not apply to a tax levied and collected
357357 for payments made under a contract approved in accordance with this
358358 section.
359359 SECTION 18. Section 49.236(a), Water Code, is amended to
360360 read as follows:
361361 (a) Before the board adopts an ad valorem tax rate for the
362362 district for debt service, operation and maintenance purposes, or
363363 contract purposes, the board shall give notice of each meeting of
364364 the board at which the adoption of a tax rate will be considered.
365365 The notice must:
366366 (1) contain a statement in substantially the following
367367 form:
368368 "NOTICE OF PUBLIC HEARING ON TAX RATE
369369 "The (name of the district) will hold a public hearing on a
370370 proposed tax rate for the tax year (year of tax levy) on (date and
371371 time) at (meeting place). Your individual taxes may increase at a
372372 greater or lesser rate, or even decrease, depending on the tax rate
373373 that is adopted and on the change in the taxable value of your
374374 property in relation to the change in taxable value of all other
375375 property. The change in the taxable value of your property in
376376 relation to the change in the taxable value of all other property
377377 determines the distribution of the tax burden among all property
378378 owners.
379379 "Visit Texas.gov/PropertyTaxes to find a link to your local
380380 property tax database on which you can easily access information
381381 regarding your property taxes, including information about
382382 proposed tax rates and scheduled public hearings of each entity
383383 that taxes your property.
384384 "(Names of all board members and, if a vote was taken, an
385385 indication of how each voted on the proposed tax rate and an
386386 indication of any absences.)";
387387 (2) contain the following information:
388388 (A) the district's total adopted tax rate for the
389389 preceding year and the proposed tax rate, expressed as an amount per
390390 $100;
391391 (B) the difference, expressed as an amount per
392392 $100 and as a percent increase or decrease, as applicable, in the
393393 proposed tax rate compared to the adopted tax rate for the preceding
394394 year;
395395 (C) the average appraised value of a residence
396396 homestead in the district in the preceding year and in the current
397397 year; the district's total homestead exemption, other than an
398398 exemption available only to disabled persons or persons 65 years of
399399 age or older, applicable to that appraised value in each of those
400400 years; and the average taxable value of a residence homestead in the
401401 district in each of those years, disregarding any homestead
402402 exemption available only to disabled persons or persons 65 years of
403403 age or older;
404404 (D) the amount of tax that would have been
405405 imposed by the district in the preceding year on a residence
406406 homestead appraised at the average appraised value of a residence
407407 homestead in that year, disregarding any homestead exemption
408408 available only to disabled persons or persons 65 years of age or
409409 older;
410410 (E) the amount of tax that would be imposed by the
411411 district in the current year on a residence homestead appraised at
412412 the average appraised value of a residence homestead in that year,
413413 disregarding any homestead exemption available only to disabled
414414 persons or persons 65 years of age or older, if the proposed tax
415415 rate is adopted;
416416 (F) the difference between the amounts of tax
417417 calculated under Paragraphs (D) and (E), expressed in dollars and
418418 cents and described as the annual percentage increase or decrease,
419419 as applicable, in the tax to be imposed by the district on the
420420 average residence homestead in the district in the current year if
421421 the proposed tax rate is adopted; and
422422 (G) if the proposed combined debt service,
423423 operation and maintenance, and contract tax rate requires [or
424424 authorizes] an election to approve [or reduce] the tax rate, [as
425425 applicable,] a description of the purpose of the proposed tax
426426 increase;
427427 (3) contain a statement in substantially the following
428428 form[, as applicable:
429429 [(A) if the district is a district described by
430430 Section 49.23601]:
431431 "NOTICE OF VOTE ON TAX RATE
432432 "If the district adopts a combined debt service, operation
433433 and maintenance, and contract tax rate that would result in the
434434 taxes on the average residence homestead increasing from the
435435 preceding year [by more than eight percent], an election must be
436436 held to determine whether to approve the operation and maintenance
437437 tax rate under Section 49.23601, Water Code.";
438438 [(B) if the district is a district described by
439439 Section 49.23602:
440440 ["NOTICE OF VOTE ON TAX RATE
441441 ["If the district adopts a combined debt service, operation
442442 and maintenance, and contract tax rate that would result in the
443443 taxes on the average residence homestead increasing by more than
444444 3.5 percent, an election must be held to determine whether to
445445 approve the operation and maintenance tax rate under Section
446446 49.23602, Water Code."; or
447447 [(C) if the district is a district described by
448448 Section 49.23603:
449449 ["NOTICE OF TAXPAYERS' RIGHT TO ELECTION TO REDUCE TAX RATE
450450 ["If the district adopts a combined debt service, operation
451451 and maintenance, and contract tax rate that would result in the
452452 taxes on the average residence homestead increasing by more than
453453 eight percent, the qualified voters of the district by petition may
454454 require that an election be held to determine whether to reduce the
455455 operation and maintenance tax rate to the voter-approval tax rate
456456 under Section 49.23603, Water Code.";] and
457457 (4) include the following statement: "The 86th Texas
458458 Legislature modified the manner in which the voter-approval tax
459459 rate is calculated to limit the rate of growth of property taxes in
460460 the state.".
461461 SECTION 19. The heading to Section 49.23601, Water Code, is
462462 amended to read as follows:
463463 Sec. 49.23601. AUTOMATIC ELECTION TO APPROVE TAX RATE [FOR
464464 LOW TAX RATE DISTRICTS].
465465 SECTION 20. Sections 49.23601(a) and (c), Water Code, are
466466 amended to read as follows:
467467 (a) In this section, "voter-approval tax rate" means the
468468 rate equal to the sum of the following tax rates for the district:
469469 (1) the current year's debt service tax rate;
470470 (2) the current year's contract tax rate; and
471471 (3) the operation and maintenance tax rate that would
472472 impose [1.08 times] the amount of [the] operation and maintenance
473473 tax imposed by the district in the preceding year on a residence
474474 homestead appraised at the average appraised value of a residence
475475 homestead in the district in that year, disregarding any homestead
476476 exemption available only to disabled persons or persons 65 years of
477477 age or older.
478478 (c) If the board of a district adopts a combined debt
479479 service, contract, and operation and maintenance tax rate that
480480 would impose more than [1.08 times] the amount of tax imposed by the
481481 district in the preceding year on a residence homestead appraised
482482 at the average appraised value of a residence homestead in the
483483 district in that year, disregarding any homestead exemption
484484 available only to disabled persons or persons 65 years of age or
485485 older, an election must be held in accordance with the procedures
486486 provided by Sections 26.07(c)-(g), Tax Code, to determine whether
487487 to approve the adopted tax rate. If the adopted tax rate is not
488488 approved at the election, the district's tax rate is the
489489 voter-approval tax rate.
490490 SECTION 21. The following provisions are repealed:
491491 (1) Section 45.0032(d), Education Code;
492492 (2) Section 120.007(d), Local Government Code;
493493 (3) Sections 26.012(8-a), (15), and (19), Tax Code;
494494 (4) Section 26.013, Tax Code;
495495 (5) Section 26.042, Tax Code;
496496 (6) Section 26.0501(c), Tax Code;
497497 (7) Section 26.063, Tax Code;
498498 (8) Section 26.075, Tax Code;
499499 (9) Section 49.23601(b), Water Code;
500500 (10) Section 49.23602, Water Code; and
501501 (11) Section 49.23603, Water Code.
502502 SECTION 22. This Act applies only to ad valorem taxes
503503 imposed for an ad valorem tax year that begins on or after the
504504 effective date of this Act.
505505 SECTION 23. This Act takes effect January 1, 2026.