Bill Text: TX HB2 | 2023 | 88th Legislature 2nd Special Session | Comm Sub
Bill Title: Relating to providing property tax relief through the public school finance system, exemptions, limitations on appraisals and taxes, and property tax administration; authorizing the imposition of a fee.
Spectrum: Strong Partisan Bill (Republican 64-7)
Status: (Introduced - Dead) 2023-07-13 - Laid on the table subject to call [HB2 Detail]
Download: Texas-2023-HB2-Comm_Sub.html
88S20223 CJC/TJB/KJE-D | ||
By: Meyer, Metcalf, Burrows, Raymond, | H.B. No. 2 | |
Thierry, et al. |
|
||
|
||
relating to providing property tax relief through the public school | ||
finance system, exemptions, limitations on appraisals and taxes, | ||
and property tax administration; authorizing the imposition of a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. SHORT TITLE | ||
SECTION 1.01. This Act may be cited as the Property Tax | ||
Relief Act. | ||
ARTICLE 2. SCHOOL DISTRICT TAX RATE COMPRESSION | ||
SECTION 2.01. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Sections 48.2555 and 48.283 to read as follows: | ||
Sec. 48.2555. MAXIMUM COMPRESSED TAX RATE FOR 2023-2024 | ||
SCHOOL YEAR. (a) Notwithstanding any other provision of this title | ||
or Chapter 26, Tax Code, for the 2023-2024 school year, the | ||
commissioner shall calculate the value of a school district's | ||
maximum compressed tax rate by determining the district's maximum | ||
compressed rate under Section 48.2551 or 48.2552(b), if applicable, | ||
and reducing the tax rate determined under the applicable section | ||
by $0.107. | ||
(b) If a school district's maximum compressed tax rate as | ||
calculated under Subsection (a) would be less than 90 percent of | ||
another school district's maximum compressed tax rate under | ||
Subsection (a), the district's maximum compressed tax rate is the | ||
value at which the district's maximum compressed tax rate would be | ||
equal to 90 percent of the other district's maximum compressed tax | ||
rate. | ||
(c) Notwithstanding any other provision of this title or | ||
Chapter 26, Tax Code, for purposes of determining funding for | ||
school districts for the 2023-2024 school year, a reference in any | ||
of the following provisions of law to a school district's maximum | ||
compressed tax rate or maximum compressed rate as determined under | ||
Section 48.2551 means the maximum compressed tax rate determined | ||
for the district under this section: | ||
(1) Section 13.054(f); | ||
(2) Section 45.003(d); | ||
(3) Section 45.0032(a); | ||
(4) Section 48.051(a); | ||
(5) Sections 48.2553(a) and (e); | ||
(6) Section 48.2556; and | ||
(7) Section 26.08(n), Tax Code. | ||
(d) For purposes of Section 30.003(f-1), a reference in that | ||
section to Section 48.2551 includes this section. | ||
(e) Notwithstanding any other provision of this title, for | ||
purposes of determining a school district's maximum compressed tax | ||
rate under Section 48.2551 for the 2024-2025 school year, the value | ||
of the district's "PYMCR" is the maximum compressed tax rate | ||
determined for the district under this section for the preceding | ||
school year. | ||
(f) This section expires September 1, 2025. | ||
Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS | ||
IMPACTED BY COMPRESSION. A school district that received an | ||
adjustment under Section 48.257(b) for the 2022-2023 school year is | ||
entitled to additional state aid for each school year in an amount | ||
equal to the amount of that adjustment for the 2022-2023 school year | ||
less the difference, if the difference is greater than zero, | ||
between: | ||
(1) the amount to which the district is entitled under | ||
this chapter for the current school year; and | ||
(2) the amount to which the district would be entitled | ||
under this chapter for the current school year if the district's | ||
maximum compressed tax rate had not been reduced under Section | ||
48.2555, as added by S.B. 2, Acts of the 88th Legislature, 2nd | ||
Called Session, 2023. | ||
ARTICLE 3. SCHOOL DISTRICT RESIDENCE HOMESTEAD EXEMPTION | ||
SECTION 3.01. Section 11.13(b), Tax Code, is amended to | ||
read as follows: | ||
(b) An adult is entitled to exemption from taxation by a | ||
school district of $100,000 [ |
||
adult's residence homestead, except that only $5,000 of the | ||
exemption applies to an entity operating under former Chapter 17, | ||
18, 25, 26, 27, or 28, Education Code, as those chapters existed on | ||
May 1, 1995, as permitted by Section 11.301, Education Code. | ||
SECTION 3.02. Section 11.26, Tax Code, is amended by | ||
amending Subsections (a), (a-10), and (o) and adding Subsections | ||
(a-11) and (a-12) to read as follows: | ||
(a) The tax officials shall appraise the property to which | ||
this section applies and calculate taxes as on other property, but | ||
if the tax so calculated exceeds the limitation imposed by this | ||
section, the tax imposed is the amount of the tax as limited by this | ||
section, except as otherwise provided by this section. A school | ||
district may not increase the total annual amount of ad valorem tax | ||
it imposes on the residence homestead of an individual 65 years of | ||
age or older or on the residence homestead of an individual who is | ||
disabled, as defined by Section 11.13, above the amount of the tax | ||
it imposed in the first tax year in which the individual qualified | ||
that residence homestead for the applicable exemption provided by | ||
Section 11.13(c) for an individual who is 65 years of age or older | ||
or is disabled. If the individual qualified that residence | ||
homestead for the exemption after the beginning of that first year | ||
and the residence homestead remains eligible for the same exemption | ||
for the next year, and if the school district taxes imposed on the | ||
residence homestead in the next year are less than the amount of | ||
taxes imposed in that first year, a school district may not | ||
subsequently increase the total annual amount of ad valorem taxes | ||
it imposes on the residence homestead above the amount it imposed in | ||
the year immediately following the first year for which the | ||
individual qualified that residence homestead for the same | ||
exemption, except as provided by Subsection (b). [ |
||
(a-10) Notwithstanding the other provisions of this | ||
section, if in the 2024 or a subsequent tax year an individual | ||
qualifies for a limitation on tax increases provided by this | ||
section on the individual's residence homestead, the amount of the | ||
limitation provided by this section on the homestead is equal to the | ||
amount computed by: | ||
(1) multiplying the taxable value of the homestead in | ||
the preceding tax year by a tax rate equal to the difference between | ||
the school district's maximum compressed rate for the preceding tax | ||
year and the district's maximum compressed rate for the current tax | ||
year; | ||
(2) subtracting the amount computed under Subdivision | ||
(1) from the amount of tax the district imposed on the homestead in | ||
the preceding tax year; [ |
||
(3) adding any tax imposed in the current tax year | ||
attributable to improvements made in the preceding tax year as | ||
provided by Subsection (b) to the amount computed under Subdivision | ||
(2); | ||
(4) multiplying the amount of any increase in the | ||
current tax year as compared to the preceding tax year in the | ||
aggregate amount of the exemptions to which the individual is | ||
entitled under Sections 11.13(b) and (c) by the school district's | ||
tax rate for the current tax year; and | ||
(5) subtracting the amount computed under Subdivision | ||
(4) from the amount computed under Subdivision (3). | ||
(a-11) This subsection applies only to an individual who in | ||
the 2023 tax year qualifies for a limitation under this section and | ||
for whom the 2022 tax year or an earlier tax year was the first tax | ||
year the individual or the individual's spouse qualified for an | ||
exemption under Section 11.13(c). The amount of the limitation | ||
provided by this section on the residence homestead of an | ||
individual to which this subsection applies for the 2023 tax year is | ||
the amount of the limitation as computed under Subsection (a-5), | ||
(a-6), (a-7), (a-8), or (a-9) of this section, as applicable, less | ||
an amount equal to the product of $60,000 and the tax rate of the | ||
school district for the 2023 tax year. This subsection expires | ||
January 1, 2025. | ||
(a-12) This subsection applies only to an individual who in | ||
the 2023 tax year qualifies for a limitation under this section and | ||
for whom the 2021 tax year or an earlier tax year was the first tax | ||
year the individual or the individual's spouse qualified for an | ||
exemption under Section 11.13(c). The amount of the limitation | ||
provided by this section on the residence homestead of an | ||
individual to which this subsection applies for the 2023 tax year is | ||
the amount of the limitation as computed under Subsection (a-11) of | ||
this section less an amount equal to the product of $15,000 and the | ||
tax rate of the school district for the 2022 tax year. This | ||
subsection expires January 1, 2025. | ||
(o) Notwithstanding Subsections (a)[ |
||
improvement to property that would otherwise constitute an | ||
improvement under Subsection (b) is not treated as an improvement | ||
under that subsection if the improvement is a replacement structure | ||
for a structure that was rendered uninhabitable or unusable by a | ||
casualty or by wind or water damage. For purposes of appraising the | ||
property in the tax year in which the structure would have | ||
constituted an improvement under Subsection (b), the replacement | ||
structure is considered to be an improvement under that subsection | ||
only if: | ||
(1) the square footage of the replacement structure | ||
exceeds that of the replaced structure as that structure existed | ||
before the casualty or damage occurred; or | ||
(2) the exterior of the replacement structure is of | ||
higher quality construction and composition than that of the | ||
replaced structure. | ||
SECTION 3.03. Section 46.071, Education Code, is amended by | ||
amending Subsections (a-1) and (b-1) and adding Subsections (a-2), | ||
(b-2), and (c-2) to read as follows: | ||
(a-1) For [ |
||
school district is entitled to additional state aid under this | ||
subchapter to the extent that state and local revenue used to | ||
service debt eligible under this chapter is less than the state and | ||
local revenue that would have been available to the district under | ||
this chapter as it existed on September 1, 2021, if any increase in | ||
the residence homestead exemption under Section 1-b(c), Article | ||
VIII, Texas Constitution, as proposed by the 87th Legislature, 3rd | ||
Called Session, 2021, had not occurred. | ||
(a-2) Beginning with the 2023-2024 school year, a school | ||
district is entitled to additional state aid under this subchapter | ||
to the extent that state and local revenue used to service debt | ||
eligible under this chapter is less than the state and local revenue | ||
that would have been available to the district under this chapter as | ||
it existed on September 1, 2022, if any increase in a residence | ||
homestead exemption under Section 1-b(c), Article VIII, Texas | ||
Constitution, and any additional limitation on tax increases under | ||
Section 1-b(d) of that article as proposed by the 88th Legislature, | ||
2nd Called Session, 2023, had not occurred. | ||
(b-1) Subject to Subsections (c-1), (d), and (e), | ||
additional state aid under this section for [ |
||
2022-2023 school year is equal to the amount by which the loss of | ||
local interest and sinking revenue for debt service attributable to | ||
any increase in the residence homestead exemption under Section | ||
1-b(c), Article VIII, Texas Constitution, as proposed by the 87th | ||
Legislature, 3rd Called Session, 2021, is not offset by a gain in | ||
state aid under this chapter. | ||
(b-2) Subject to Subsections (c-2), (d), and (e), | ||
additional state aid under this section beginning with the | ||
2023-2024 school year is equal to the amount by which the loss of | ||
local interest and sinking revenue for debt service attributable to | ||
any increase in a residence homestead exemption under Section | ||
1-b(c), Article VIII, Texas Constitution, and any additional | ||
limitation on tax increases under Section 1-b(d) of that article as | ||
proposed by the 88th Legislature, 2nd Called Session, 2023, is not | ||
offset by a gain in state aid under this chapter. | ||
(c-2) For the purpose of determining state aid under | ||
Subsections (a-2) and (b-2), local interest and sinking revenue for | ||
debt service is limited to revenue required to service debt | ||
eligible under this chapter as of September 1, 2022, including | ||
refunding of that debt, subject to Section 46.061. The limitation | ||
imposed by Section 46.034(a) does not apply for the purpose of | ||
determining state aid under this section. | ||
SECTION 3.04. Section 48.2542, Education Code, is amended | ||
to read as follows: | ||
Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF | ||
LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED. | ||
Notwithstanding any other provision of this chapter, if a school | ||
district is not fully compensated through state aid or the | ||
calculation of excess local revenue under this chapter based on the | ||
determination of the district's taxable value of property under | ||
Subchapter M, Chapter 403, Government Code, the district is | ||
entitled to additional state aid in the amount necessary to fully | ||
compensate the district for the amount of ad valorem tax revenue | ||
lost due to a reduction of the amount of the limitation on tax | ||
increases provided by Sections 11.26(a-4), (a-5), (a-6), (a-7), | ||
(a-8), (a-9), [ |
||
applicable. | ||
SECTION 3.05. Effective January 1, 2025, Section 48.2542, | ||
Education Code, is amended to read as follows: | ||
Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF | ||
LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED. | ||
Notwithstanding any other provision of this chapter, if a school | ||
district is not fully compensated through state aid or the | ||
calculation of excess local revenue under this chapter based on the | ||
determination of the district's taxable value of property under | ||
Subchapter M, Chapter 403, Government Code, the district is | ||
entitled to additional state aid in the amount necessary to fully | ||
compensate the district for the amount of ad valorem tax revenue | ||
lost due to a reduction of the amount of the limitation on tax | ||
increases provided by Section 11.26(a-10) [ |
||
SECTION 3.06. Section 48.2543, Education Code, is amended | ||
to read as follows: | ||
Sec. 48.2543. ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION. | ||
(a) For [ |
||
district is entitled to additional state aid to the extent that | ||
state and local revenue under this chapter and Chapter 49 is less | ||
than the state and local revenue that would have been available to | ||
the district under this chapter and Chapter 49 as those chapters | ||
existed on September 1, 2021, if any increase in the residence | ||
homestead exemption under Section 1-b(c), Article VIII, Texas | ||
Constitution, as proposed by the 87th Legislature, 3rd Called | ||
Session, 2021, had not occurred. | ||
(a-1) Beginning with the 2023-2024 school year, a school | ||
district is entitled to additional state aid to the extent that | ||
state and local revenue under this chapter and Chapter 49 is less | ||
than the state and local revenue that would have been available to | ||
the district under this chapter and Chapter 49 as those chapters | ||
existed on September 1, 2022, if any increase in a residence | ||
homestead exemption under Section 1-b(c), Article VIII, Texas | ||
Constitution, and any additional limitation on tax increases under | ||
Section 1-b(d) of that article as proposed by the 88th Legislature, | ||
2nd Called Session, 2023, had not occurred. | ||
(b) The lesser of the school district's currently adopted | ||
maintenance and operations tax rate or the adopted maintenance and | ||
operations tax rate for: | ||
(1) the 2021 tax year is used for the purpose of | ||
determining additional state aid under Subsection (a); and | ||
(2) the 2022 tax year is used for the purpose of | ||
determining additional state aid under Subsection (a-1). | ||
SECTION 3.07. Section 48.2556(a), Education Code, is | ||
amended to read as follows: | ||
(a) The agency shall post the following information on the | ||
agency's Internet website for purposes of allowing the chief | ||
appraiser of each appraisal district and the assessor for each | ||
school district to make the calculations required by Sections | ||
11.26(a-5), (a-6), (a-7), (a-8), (a-9), [ |
||
(a-12), Tax Code: | ||
(1) each school district's maximum compressed rate, as | ||
determined under Section 48.2551, for each tax year beginning with | ||
the 2019 tax year; and | ||
(2) each school district's tier one maintenance and | ||
operations tax rate, as provided by Section 45.0032(a), for the | ||
2018 tax year. | ||
SECTION 3.08. Effective January 1, 2025, Section | ||
48.2556(a), Education Code, is amended to read as follows: | ||
(a) For purposes of allowing the chief appraiser of each | ||
appraisal district and the assessor for each school district to | ||
make the calculations required by Section 11.26(a-10), Tax Code, | ||
the [ |
||
agency's Internet website [ |
||
[ |
||
as determined under Section 48.2551, for the current [ |
||
year and the preceding [ |
||
[ |
||
SECTION 3.09. Section 49.004, Education Code, is amended by | ||
adding Subsections (a-1), (b-1), and (c-1) to read as follows: | ||
(a-1) This subsection applies only if the constitutional | ||
amendment proposed by H.J.R. 2, 88th Legislature, 2nd Called | ||
Session, 2023, is approved by the voters in an election held for | ||
that purpose. As soon as practicable after receiving revised | ||
property values that reflect adoption of the constitutional | ||
amendment, the commissioner shall review the local revenue level of | ||
districts in the state and revise as necessary the notifications | ||
provided under Subsection (a) for the 2023-2024 school year. This | ||
subsection expires September 1, 2024. | ||
(b-1) This subsection applies only to a district that has | ||
not previously held an election under this chapter. Notwithstanding | ||
Subsection (b), a district that enters into an agreement to | ||
exercise an option to reduce the district's local revenue level in | ||
excess of entitlement under Section 49.002(3), (4), or (5) for the | ||
2023-2024 school year may request and, as provided by Section | ||
49.0042(a), receive approval from the commissioner to delay the | ||
date of the election otherwise required to be ordered before | ||
September 1. This subsection expires September 1, 2024. | ||
(c-1) Notwithstanding Subsection (c), a district that | ||
receives approval from the commissioner to delay an election as | ||
provided by Subsection (b-1) may adopt a tax rate for the 2023 tax | ||
year before the commissioner certifies that the district has | ||
reduced its local revenue level to the level established by Section | ||
48.257. This subsection expires September 1, 2024. | ||
SECTION 3.10. Subchapter A, Chapter 49, Education Code, is | ||
amended by adding Section 49.0042 to read as follows: | ||
Sec. 49.0042. TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD | ||
EXEMPTION AND LIMITATION ON TAX INCREASES. (a) The commissioner | ||
shall approve a district's request under Section 49.004(b-1) to | ||
delay the date of an election required under this chapter if the | ||
commissioner determines that the district would not have a local | ||
revenue level in excess of entitlement if the constitutional | ||
amendment proposed by H.J.R. 2, 88th Legislature, 2nd Called | ||
Session, 2023, were approved by the voters. | ||
(b) The commissioner shall set a date by which each district | ||
that receives approval under this section must order the election. | ||
(c) Not later than the 2024-2025 school year, the | ||
commissioner shall order detachment and annexation of property | ||
under Subchapter G or consolidation under Subchapter H as necessary | ||
to reduce the district's local revenue level to the level | ||
established by Section 48.257 for a district that receives approval | ||
under this section and subsequently: | ||
(1) fails to hold the election; or | ||
(2) does not receive voter approval at the election. | ||
(d) This section expires September 1, 2025. | ||
SECTION 3.11. Subchapter A, Chapter 49, Education Code, is | ||
amended by adding Section 49.0121 to read as follows: | ||
Sec. 49.0121. TRANSITIONAL ELECTION DATES. (a) This | ||
section applies only to an election under this chapter that occurs | ||
during the 2023-2024 school year. | ||
(b) Section 49.012 does not apply to a district that | ||
receives approval of a request under Section 49.0042. The district | ||
shall hold the election on a Tuesday or Saturday on or before a date | ||
specified by the commissioner. Section 41.001, Election Code, does | ||
not apply to the election. | ||
(c) This section expires September 1, 2024. | ||
SECTION 3.12. Section 49.154, Education Code, is amended by | ||
adding Subsections (a-2) and (a-3) to read as follows: | ||
(a-2) Notwithstanding Subsections (a) and (a-1), a district | ||
that receives approval of a request under Section 49.0042 shall pay | ||
for credit purchased: | ||
(1) in equal monthly payments as determined by the | ||
commissioner beginning March 15, 2024, and ending August 15, 2024; | ||
or | ||
(2) in the manner provided by Subsection (a)(2), | ||
provided that the district notifies the commissioner of the | ||
district's election to pay in that manner not later than March 15, | ||
2024. | ||
(a-3) Subsection (a-2) and this subsection expire September | ||
1, 2024. | ||
SECTION 3.13. Section 49.308, Education Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a), for the 2023-2024 | ||
school year, the commissioner shall order any detachments and | ||
annexations of property under this subchapter as soon as | ||
practicable after the canvass of the votes on the constitutional | ||
amendment proposed by H.J.R. 2, 88th Legislature, 2nd Called | ||
Session, 2023. This subsection expires September 1, 2024. | ||
SECTION 3.14. Section 403.302, Government Code, is amended | ||
by amending Subsection (j-1) and adding Subsection (j-2) to read as | ||
follows: | ||
(j-1) In the final certification of the study under | ||
Subsection (j), the comptroller shall separately identify the final | ||
taxable value for each school district as adjusted to account for | ||
the reduction of the amount of the limitation on tax increases | ||
provided by Section 11.26(a-10) [ |
||
(j-2) In the final certification of the study under | ||
Subsection (j), the comptroller shall separately identify the final | ||
taxable value for each school district as adjusted to account for | ||
the reduction of the amount of the limitation on tax increases | ||
provided by Sections 11.26(a-5), (a-6), (a-7), (a-8), (a-9), | ||
(a-10), (a-11), and (a-12), Tax Code. This subsection expires | ||
January 1, 2025. | ||
SECTION 3.15. (a) Sections 11.26(a-1), (a-2), and (a-3), | ||
Tax Code, are repealed. | ||
(b) Effective January 1, 2025, Sections 11.26(a-5), (a-6), | ||
(a-7), (a-8), and (a-9), Tax Code, are repealed. | ||
SECTION 3.16. Sections 11.13 and 11.26, Tax Code, as | ||
amended by this article, apply only to an ad valorem tax year that | ||
begins on or after January 1, 2023. | ||
ARTICLE 4. LIMITATION ON INCREASES IN VALUE OF REAL PROPERTY OTHER | ||
THAN RESIDENCE HOMESTEAD | ||
SECTION 4.01. Section 1.12(d), Tax Code, is amended to read | ||
as follows: | ||
(d) For purposes of this section, the appraisal ratio of | ||
property [ |
||
the ratio of the property's market value as determined by the | ||
appraisal district or appraisal review board, as applicable, to the | ||
market value of the property according to law. The appraisal ratio | ||
is not calculated according to the appraised value of the property | ||
as limited by Section 23.23 or 23.231. | ||
SECTION 4.02. Effective January 1, 2027, Section 1.12(d), | ||
Tax Code, is amended to read as follows: | ||
(d) For purposes of this section, the appraisal ratio of a | ||
homestead to which Section 23.23 applies is the ratio of the | ||
property's market value as determined by the appraisal district or | ||
appraisal review board, as applicable, to the market value of the | ||
property according to law. The appraisal ratio is not calculated | ||
according to the appraised value of the property as limited by | ||
Section 23.23. | ||
SECTION 4.03. Subchapter B, Chapter 23, Tax Code, is | ||
amended by adding Section 23.231 to read as follows: | ||
Sec. 23.231. LIMITATION ON APPRAISED VALUE OF REAL PROPERTY | ||
OTHER THAN RESIDENCE HOMESTEAD. (a) In this section: | ||
(1) "Consumer price index" means the average over a | ||
state fiscal year of the Consumer Price Index for All Urban | ||
Consumers (CPI-U), U.S. City Average, published monthly by the | ||
United States Bureau of Labor Statistics, or its successor in | ||
function. | ||
(2) "Disaster recovery program" means a disaster | ||
recovery program funded with community development block grant | ||
disaster recovery money authorized by federal law. | ||
(3) "New improvement" means an improvement to real | ||
property made after the most recent appraisal of the property that | ||
increases the market value of the property and the value of which is | ||
not included in the appraised value of the property for the | ||
preceding tax year. The term does not include repairs to or | ||
ordinary maintenance of an existing structure or the grounds or | ||
another feature of the property. | ||
(b) This section applies only to real property with an | ||
appraised value of not more than the amount determined under | ||
Subsection (j) for the tax year in which the property first | ||
qualifies for the limitation authorized by this section. | ||
(c) This section does not apply to: | ||
(1) a residence homestead that qualifies for an | ||
exemption under Section 11.13; or | ||
(2) property appraised under Subchapter C, D, E, F, G, | ||
or H. | ||
(d) Notwithstanding the requirements of Section 25.18 and | ||
regardless of whether the appraisal office has appraised the | ||
property and determined the market value of the property for the tax | ||
year, an appraisal office may increase the appraised value of real | ||
property to which this section applies for a tax year to an amount | ||
not to exceed the lesser of: | ||
(1) the market value of the property for the most | ||
recent tax year that the market value was determined by the | ||
appraisal office; or | ||
(2) the sum of: | ||
(A) 20 percent of the appraised value of the | ||
property for the preceding tax year; | ||
(B) the appraised value of the property for the | ||
preceding tax year; and | ||
(C) the market value of all new improvements to | ||
the property. | ||
(e) When appraising real property to which this section | ||
applies, the chief appraiser shall: | ||
(1) appraise the property at its market value; and | ||
(2) include in the appraisal records both the market | ||
value of the property and the amount computed under Subsection | ||
(d)(2). | ||
(f) The limitation provided by Subsection (d) takes effect | ||
as to a parcel of real property on January 1 of the tax year | ||
following the first tax year in which the owner owns the property on | ||
January 1. The limitation expires on January 1 of the tax year | ||
following the tax year in which the owner of the property ceases to | ||
own the property. | ||
(g) For purposes of Subsection (f), a person who acquired | ||
real property to which this section applies before the 2023 tax year | ||
is considered to have acquired the property on January 1, 2023. | ||
(h) Notwithstanding Subsections (a) and (d) and except as | ||
provided by Subdivision (2) of this subsection, an improvement to | ||
real property that would otherwise constitute a new improvement is | ||
not treated as a new improvement if the improvement is a replacement | ||
structure for a structure that was rendered uninhabitable or | ||
unusable by a casualty or by wind or water damage. For purposes of | ||
appraising the property under Subsection (d) in the tax year in | ||
which the structure would have constituted a new improvement: | ||
(1) the appraised value the property would have had in | ||
the preceding tax year if the casualty or damage had not occurred is | ||
considered to be the appraised value of the property for that year, | ||
regardless of whether that appraised value exceeds the actual | ||
appraised value of the property for that year as limited by | ||
Subsection (d); and | ||
(2) the replacement structure is considered to be a | ||
new improvement only if: | ||
(A) the square footage of the replacement | ||
structure exceeds that of the replaced structure as that structure | ||
existed before the casualty or damage occurred; or | ||
(B) the exterior of the replacement structure is | ||
of higher quality construction and composition than that of the | ||
replaced structure. | ||
(i) Notwithstanding Subsection (h)(2), and only to the | ||
extent necessary to satisfy the requirements of a disaster recovery | ||
program, a replacement structure described by that subdivision is | ||
not considered to be a new improvement if to satisfy the | ||
requirements of the disaster recovery program it was necessary | ||
that: | ||
(1) the square footage of the replacement structure | ||
exceed that of the replaced structure as that structure existed | ||
before the casualty or damage occurred; or | ||
(2) the exterior of the replacement structure be of | ||
higher quality construction and composition than that of the | ||
replaced structure. | ||
(j) For the purpose of Subsection (b), for the 2024 tax | ||
year, the amount is $5 million. For the 2025 tax year, the | ||
comptroller shall determine the amount for purposes of Subsection | ||
(b) by increasing or decreasing, as applicable, the amount in | ||
effect for the 2024 tax year by an amount equal to $5 million | ||
multiplied by the percentage increase or decrease during the | ||
preceding state fiscal year in the consumer price index. For each | ||
subsequent tax year, the comptroller shall determine the amount for | ||
purposes of Subsection (b) by increasing or decreasing, as | ||
applicable, the amount in effect for the preceding tax year by an | ||
amount equal to that amount multiplied by the percentage increase | ||
or decrease during the preceding state fiscal year in the consumer | ||
price index, rounded to the nearest $10,000. The comptroller shall | ||
publish the amount in effect for a tax year under this subsection as | ||
soon as practicable after January 1 of the tax year. | ||
(k) This section expires December 31, 2026. | ||
SECTION 4.04. Sections 25.19(b) and (g), Tax Code, are | ||
amended to read as follows: | ||
(b) The chief appraiser shall separate real from personal | ||
property and include in the notice for each: | ||
(1) a list of the taxing units in which the property is | ||
taxable; | ||
(2) the appraised value of the property in the | ||
preceding year; | ||
(3) the taxable value of the property in the preceding | ||
year for each taxing unit taxing the property; | ||
(4) the appraised value of the property for the | ||
current year, the kind and amount of each exemption and partial | ||
exemption, if any, approved for the property for the current year | ||
and for the preceding year, and, if an exemption or partial | ||
exemption that was approved for the preceding year was canceled or | ||
reduced for the current year, the amount of the exemption or partial | ||
exemption canceled or reduced; | ||
(4-a) a statement of whether the property qualifies for | ||
the limitation on appraised value provided by Section 23.231; | ||
(5) in italic typeface, the following statement: "The | ||
Texas Legislature does not set the amount of your local taxes. Your | ||
property tax burden is decided by your locally elected officials, | ||
and all inquiries concerning your taxes should be directed to those | ||
officials"; | ||
(6) a detailed explanation of the time and procedure | ||
for protesting the value; | ||
(7) the date and place the appraisal review board will | ||
begin hearing protests; | ||
(8) an explanation of the availability and purpose of | ||
an informal conference with the appraisal office before a hearing | ||
on a protest; and | ||
(9) a brief explanation that the governing body of | ||
each taxing unit decides whether or not taxes on the property will | ||
increase and the appraisal district only determines the value of | ||
the property. | ||
(g) By April 1 or as soon thereafter as practicable if the | ||
property is a single-family residence that qualifies for an | ||
exemption under Section 11.13, or by May 1 or as soon thereafter as | ||
practicable in connection with any other property, the chief | ||
appraiser shall deliver a written notice to the owner of each | ||
property not included in a notice required to be delivered under | ||
Subsection (a), if the property was reappraised in the current tax | ||
year, if the ownership of the property changed during the preceding | ||
year, or if the property owner or the agent of a property owner | ||
authorized under Section 1.111 makes a written request for the | ||
notice. The chief appraiser shall separate real from personal | ||
property and include in the notice for each property: | ||
(1) the appraised value of the property in the | ||
preceding year; | ||
(2) the appraised value of the property for the | ||
current year and the kind of each partial exemption, if any, | ||
approved for the current year; | ||
(2-a) a statement of whether the property qualifies for | ||
the limitation on appraised value provided by Section 23.231; | ||
(3) a detailed explanation of the time and procedure | ||
for protesting the value; and | ||
(4) the date and place the appraisal review board will | ||
begin hearing protests. | ||
SECTION 4.05. Effective January 1, 2027, Sections 25.19(b) | ||
and (g), Tax Code, are amended to read as follows: | ||
(b) The chief appraiser shall separate real from personal | ||
property and include in the notice for each: | ||
(1) a list of the taxing units in which the property is | ||
taxable; | ||
(2) the appraised value of the property in the | ||
preceding year; | ||
(3) the taxable value of the property in the preceding | ||
year for each taxing unit taxing the property; | ||
(4) the appraised value of the property for the | ||
current year, the kind and amount of each exemption and partial | ||
exemption, if any, approved for the property for the current year | ||
and for the preceding year, and, if an exemption or partial | ||
exemption that was approved for the preceding year was canceled or | ||
reduced for the current year, the amount of the exemption or partial | ||
exemption canceled or reduced; | ||
(5) in italic typeface, the following statement: "The | ||
Texas Legislature does not set the amount of your local taxes. Your | ||
property tax burden is decided by your locally elected officials, | ||
and all inquiries concerning your taxes should be directed to those | ||
officials"; | ||
(6) a detailed explanation of the time and procedure | ||
for protesting the value; | ||
(7) the date and place the appraisal review board will | ||
begin hearing protests; | ||
(8) an explanation of the availability and purpose of | ||
an informal conference with the appraisal office before a hearing | ||
on a protest; and | ||
(9) a brief explanation that the governing body of | ||
each taxing unit decides whether or not taxes on the property will | ||
increase and the appraisal district only determines the value of | ||
the property. | ||
(g) By April 1 or as soon thereafter as practicable if the | ||
property is a single-family residence that qualifies for an | ||
exemption under Section 11.13, or by May 1 or as soon thereafter as | ||
practicable in connection with any other property, the chief | ||
appraiser shall deliver a written notice to the owner of each | ||
property not included in a notice required to be delivered under | ||
Subsection (a), if the property was reappraised in the current tax | ||
year, if the ownership of the property changed during the preceding | ||
year, or if the property owner or the agent of a property owner | ||
authorized under Section 1.111 makes a written request for the | ||
notice. The chief appraiser shall separate real from personal | ||
property and include in the notice for each property: | ||
(1) the appraised value of the property in the | ||
preceding year; | ||
(2) the appraised value of the property for the | ||
current year and the kind of each partial exemption, if any, | ||
approved for the current year; | ||
(3) a detailed explanation of the time and procedure | ||
for protesting the value; and | ||
(4) the date and place the appraisal review board will | ||
begin hearing protests. | ||
SECTION 4.06. Section 25.19, Tax Code, is amended by adding | ||
Subsection (o) to read as follows: | ||
(o) A notice required under Subsection (a) or (g) to be | ||
delivered to the owner of real property other than a single-family | ||
residence that qualifies for an exemption under Section 11.13 must | ||
include the following statement: "Under Section 23.231, Tax Code, | ||
for the 2024, 2025, and 2026 tax years, the appraised value of real | ||
property other than a residence homestead for ad valorem tax | ||
purposes may not be increased by more than 20 percent each year, | ||
with certain exceptions. The limitation provided under Section | ||
23.231, Tax Code, expires December 31, 2026. Unless this | ||
expiration date is extended by the Texas Legislature, beginning in | ||
the 2027 tax year, the limitation provided under Section 23.231, | ||
Tax Code, will no longer be in effect and may result in an increase | ||
in ad valorem taxes imposed on real property previously subject to | ||
the limitation." This subsection expires December 31, 2027. | ||
SECTION 4.07. Section 41.41(a), Tax Code, is amended to | ||
read as follows: | ||
(a) A property owner is entitled to protest before the | ||
appraisal review board the following actions: | ||
(1) determination of the appraised value of the | ||
owner's property or, in the case of land appraised as provided by | ||
Subchapter C, D, E, or H, Chapter 23, determination of its appraised | ||
or market value; | ||
(2) unequal appraisal of the owner's property; | ||
(3) inclusion of the owner's property on the appraisal | ||
records; | ||
(4) denial to the property owner in whole or in part of | ||
a partial exemption; | ||
(4-a) determination that the owner's property does not | ||
qualify for the limitation on appraised value provided by Section | ||
23.231; | ||
(5) determination that the owner's land does not | ||
qualify for appraisal as provided by Subchapter C, D, E, or H, | ||
Chapter 23; | ||
(6) identification of the taxing units in which the | ||
owner's property is taxable in the case of the appraisal district's | ||
appraisal roll; | ||
(7) determination that the property owner is the owner | ||
of property; | ||
(8) a determination that a change in use of land | ||
appraised under Subchapter C, D, E, or H, Chapter 23, has occurred; | ||
or | ||
(9) any other action of the chief appraiser, appraisal | ||
district, or appraisal review board that applies to and adversely | ||
affects the property owner. | ||
SECTION 4.08. Effective January 1, 2027, Section 41.41(a), | ||
Tax Code, is amended to read as follows: | ||
(a) A property owner is entitled to protest before the | ||
appraisal review board the following actions: | ||
(1) determination of the appraised value of the | ||
owner's property or, in the case of land appraised as provided by | ||
Subchapter C, D, E, or H, Chapter 23, determination of its appraised | ||
or market value; | ||
(2) unequal appraisal of the owner's property; | ||
(3) inclusion of the owner's property on the appraisal | ||
records; | ||
(4) denial to the property owner in whole or in part of | ||
a partial exemption; | ||
(5) determination that the owner's land does not | ||
qualify for appraisal as provided by Subchapter C, D, E, or H, | ||
Chapter 23; | ||
(6) identification of the taxing units in which the | ||
owner's property is taxable in the case of the appraisal district's | ||
appraisal roll; | ||
(7) determination that the property owner is the owner | ||
of property; | ||
(8) a determination that a change in use of land | ||
appraised under Subchapter C, D, E, or H, Chapter 23, has occurred; | ||
or | ||
(9) any other action of the chief appraiser, appraisal | ||
district, or appraisal review board that applies to and adversely | ||
affects the property owner. | ||
SECTION 4.09. Section 42.26(d), Tax Code, is amended to | ||
read as follows: | ||
(d) For purposes of this section, the value of the property | ||
subject to the suit and the value of a comparable property or sample | ||
property that is used for comparison must be the market value | ||
determined by the appraisal district when the property is [ |
||
imposed by Section 23.23 or 23.231. | ||
SECTION 4.10. Effective January 1, 2027, Section 42.26(d), | ||
Tax Code, is amended to read as follows: | ||
(d) For purposes of this section, the value of the property | ||
subject to the suit and the value of a comparable property or sample | ||
property that is used for comparison must be the market value | ||
determined by the appraisal district when the property is a | ||
residence homestead subject to the limitation on appraised value | ||
imposed by Section 23.23. | ||
SECTION 4.11. Sections 403.302(d) and (i), Government Code, | ||
are amended to read as follows: | ||
(d) For the purposes of this section, "taxable value" means | ||
the market value of all taxable property less: | ||
(1) the total dollar amount of any residence homestead | ||
exemptions lawfully granted under Section 11.13(b) or (c), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(2) one-half of the total dollar amount of any | ||
residence homestead exemptions granted under Section 11.13(n), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(3) the total dollar amount of any exemptions granted | ||
before May 31, 1993, within a reinvestment zone under agreements | ||
authorized by Chapter 312, Tax Code; | ||
(4) subject to Subsection (e), the total dollar amount | ||
of any captured appraised value of property that: | ||
(A) is within a reinvestment zone created on or | ||
before May 31, 1999, or is proposed to be included within the | ||
boundaries of a reinvestment zone as the boundaries of the zone and | ||
the proposed portion of tax increment paid into the tax increment | ||
fund by a school district are described in a written notification | ||
provided by the municipality or the board of directors of the zone | ||
to the governing bodies of the other taxing units in the manner | ||
provided by former Section 311.003(e), Tax Code, before May 31, | ||
1999, and within the boundaries of the zone as those boundaries | ||
existed on September 1, 1999, including subsequent improvements to | ||
the property regardless of when made; | ||
(B) generates taxes paid into a tax increment | ||
fund created under Chapter 311, Tax Code, under a reinvestment zone | ||
financing plan approved under Section 311.011(d), Tax Code, on or | ||
before September 1, 1999; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(5) the total dollar amount of any captured appraised | ||
value of property that: | ||
(A) is within a reinvestment zone: | ||
(i) created on or before December 31, 2008, | ||
by a municipality with a population of less than 18,000; and | ||
(ii) the project plan for which includes | ||
the alteration, remodeling, repair, or reconstruction of a | ||
structure that is included on the National Register of Historic | ||
Places and requires that a portion of the tax increment of the zone | ||
be used for the improvement or construction of related facilities | ||
or for affordable housing; | ||
(B) generates school district taxes that are paid | ||
into a tax increment fund created under Chapter 311, Tax Code; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(6) the total dollar amount of any exemptions granted | ||
under Section 11.251 or 11.253, Tax Code; | ||
(7) the difference between the comptroller's estimate | ||
of the market value and the productivity value of land that | ||
qualifies for appraisal on the basis of its productive capacity, | ||
except that the productivity value estimated by the comptroller may | ||
not exceed the fair market value of the land; | ||
(8) the portion of the appraised value of residence | ||
homesteads of individuals who receive a tax limitation under | ||
Section 11.26, Tax Code, on which school district taxes are not | ||
imposed in the year that is the subject of the study, calculated as | ||
if the residence homesteads were appraised at the full value | ||
required by law; | ||
(9) a portion of the market value of property not | ||
otherwise fully taxable by the district at market value because of | ||
action required by statute or the constitution of this state, other | ||
than Section 11.311, Tax Code, that, if the tax rate adopted by the | ||
district is applied to it, produces an amount equal to the | ||
difference between the tax that the district would have imposed on | ||
the property if the property were fully taxable at market value and | ||
the tax that the district is actually authorized to impose on the | ||
property, if this subsection does not otherwise require that | ||
portion to be deducted; | ||
(10) the market value of all tangible personal | ||
property, other than manufactured homes, owned by a family or | ||
individual and not held or used for the production of income; | ||
(11) the appraised value of property the collection of | ||
delinquent taxes on which is deferred under Section 33.06, Tax | ||
Code; | ||
(12) the portion of the appraised value of property | ||
the collection of delinquent taxes on which is deferred under | ||
Section 33.065, Tax Code; | ||
(13) the amount by which the market value of property | ||
[ |
||
applies exceeds the appraised value of that property as calculated | ||
under Section 23.23 or 23.231, Tax Code, as applicable [ |
||
(14) the total dollar amount of any exemptions granted | ||
under Section 11.35, Tax Code. | ||
(i) If the comptroller determines in the study that the | ||
market value of property in a school district as determined by the | ||
appraisal district that appraises property for the school district, | ||
less the total of the amounts and values listed in Subsection (d) as | ||
determined by that appraisal district, is valid, the comptroller, | ||
in determining the taxable value of property in the school district | ||
under Subsection (d), shall for purposes of Subsection (d)(13) | ||
subtract from the market value as determined by the appraisal | ||
district of properties [ |
||
23.23 or 23.231, Tax Code, applies the amount by which that amount | ||
exceeds the appraised value of those properties as calculated by | ||
the appraisal district under Section 23.23 or 23.231, Tax Code, as | ||
applicable. If the comptroller determines in the study that the | ||
market value of property in a school district as determined by the | ||
appraisal district that appraises property for the school district, | ||
less the total of the amounts and values listed in Subsection (d) as | ||
determined by that appraisal district, is not valid, the | ||
comptroller, in determining the taxable value of property in the | ||
school district under Subsection (d), shall for purposes of | ||
Subsection (d)(13) subtract from the market value as estimated by | ||
the comptroller of properties [ |
||
Section 23.23 or 23.231, Tax Code, applies the amount by which that | ||
amount exceeds the appraised value of those properties as | ||
calculated by the appraisal district under Section 23.23 or 23.231, | ||
Tax Code, as applicable. | ||
SECTION 4.12. Effective January 1, 2027, Sections | ||
403.302(d) and (i), Government Code, are amended to read as | ||
follows: | ||
(d) For the purposes of this section, "taxable value" means | ||
the market value of all taxable property less: | ||
(1) the total dollar amount of any residence homestead | ||
exemptions lawfully granted under Section 11.13(b) or (c), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(2) one-half of the total dollar amount of any | ||
residence homestead exemptions granted under Section 11.13(n), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(3) the total dollar amount of any exemptions granted | ||
before May 31, 1993, within a reinvestment zone under agreements | ||
authorized by Chapter 312, Tax Code; | ||
(4) subject to Subsection (e), the total dollar amount | ||
of any captured appraised value of property that: | ||
(A) is within a reinvestment zone created on or | ||
before May 31, 1999, or is proposed to be included within the | ||
boundaries of a reinvestment zone as the boundaries of the zone and | ||
the proposed portion of tax increment paid into the tax increment | ||
fund by a school district are described in a written notification | ||
provided by the municipality or the board of directors of the zone | ||
to the governing bodies of the other taxing units in the manner | ||
provided by former Section 311.003(e), Tax Code, before May 31, | ||
1999, and within the boundaries of the zone as those boundaries | ||
existed on September 1, 1999, including subsequent improvements to | ||
the property regardless of when made; | ||
(B) generates taxes paid into a tax increment | ||
fund created under Chapter 311, Tax Code, under a reinvestment zone | ||
financing plan approved under Section 311.011(d), Tax Code, on or | ||
before September 1, 1999; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(5) the total dollar amount of any captured appraised | ||
value of property that: | ||
(A) is within a reinvestment zone: | ||
(i) created on or before December 31, 2008, | ||
by a municipality with a population of less than 18,000; and | ||
(ii) the project plan for which includes | ||
the alteration, remodeling, repair, or reconstruction of a | ||
structure that is included on the National Register of Historic | ||
Places and requires that a portion of the tax increment of the zone | ||
be used for the improvement or construction of related facilities | ||
or for affordable housing; | ||
(B) generates school district taxes that are paid | ||
into a tax increment fund created under Chapter 311, Tax Code; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(6) the total dollar amount of any exemptions granted | ||
under Section 11.251 or 11.253, Tax Code; | ||
(7) the difference between the comptroller's estimate | ||
of the market value and the productivity value of land that | ||
qualifies for appraisal on the basis of its productive capacity, | ||
except that the productivity value estimated by the comptroller may | ||
not exceed the fair market value of the land; | ||
(8) the portion of the appraised value of residence | ||
homesteads of individuals who receive a tax limitation under | ||
Section 11.26, Tax Code, on which school district taxes are not | ||
imposed in the year that is the subject of the study, calculated as | ||
if the residence homesteads were appraised at the full value | ||
required by law; | ||
(9) a portion of the market value of property not | ||
otherwise fully taxable by the district at market value because of | ||
action required by statute or the constitution of this state, other | ||
than Section 11.311, Tax Code, that, if the tax rate adopted by the | ||
district is applied to it, produces an amount equal to the | ||
difference between the tax that the district would have imposed on | ||
the property if the property were fully taxable at market value and | ||
the tax that the district is actually authorized to impose on the | ||
property, if this subsection does not otherwise require that | ||
portion to be deducted; | ||
(10) the market value of all tangible personal | ||
property, other than manufactured homes, owned by a family or | ||
individual and not held or used for the production of income; | ||
(11) the appraised value of property the collection of | ||
delinquent taxes on which is deferred under Section 33.06, Tax | ||
Code; | ||
(12) the portion of the appraised value of property | ||
the collection of delinquent taxes on which is deferred under | ||
Section 33.065, Tax Code; | ||
(13) the amount by which the market value of a | ||
residence homestead to which Section 23.23, Tax Code, applies | ||
exceeds the appraised value of that property as calculated under | ||
that section; and | ||
(14) the total dollar amount of any exemptions granted | ||
under Section 11.35, Tax Code. | ||
(i) If the comptroller determines in the study that the | ||
market value of property in a school district as determined by the | ||
appraisal district that appraises property for the school district, | ||
less the total of the amounts and values listed in Subsection (d) as | ||
determined by that appraisal district, is valid, the comptroller, | ||
in determining the taxable value of property in the school district | ||
under Subsection (d), shall for purposes of Subsection (d)(13) | ||
subtract from the market value as determined by the appraisal | ||
district of residence homesteads to which Section 23.23, Tax Code, | ||
applies the amount by which that amount exceeds the appraised value | ||
of those properties as calculated by the appraisal district under | ||
Section 23.23, Tax Code. If the comptroller determines in the | ||
study that the market value of property in a school district as | ||
determined by the appraisal district that appraises property for | ||
the school district, less the total of the amounts and values listed | ||
in Subsection (d) as determined by that appraisal district, is not | ||
valid, the comptroller, in determining the taxable value of | ||
property in the school district under Subsection (d), shall for | ||
purposes of Subsection (d)(13) subtract from the market value as | ||
estimated by the comptroller of residence homesteads to which | ||
Section 23.23, Tax Code, applies the amount by which that amount | ||
exceeds the appraised value of those properties as calculated by | ||
the appraisal district under Section 23.23, Tax Code. | ||
SECTION 4.13. Section 23.231, Tax Code, as added by this | ||
article, applies only to the appraisal of real property other than a | ||
residence homestead for ad valorem tax purposes for a tax year that | ||
begins on or after the effective date of this article. | ||
ARTICLE 5. BOARDS OF DIRECTORS OF APPRAISAL DISTRICTS | ||
SECTION 5.01. The heading to Section 6.03, Tax Code, is | ||
amended to read as follows: | ||
Sec. 6.03. BOARD OF DIRECTORS IN LESS POPULOUS COUNTIES. | ||
SECTION 5.02. Section 6.03, Tax Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) This section applies only to an appraisal district | ||
established in a county with a population of less than 75,000. | ||
(a-1) The appraisal district is governed by a board of | ||
directors. Five directors are appointed by the taxing units that | ||
participate in the district as provided by this section. If the | ||
county assessor-collector is not appointed to the board, the county | ||
assessor-collector serves as a nonvoting director. The county | ||
assessor-collector is ineligible to serve if the board enters into | ||
a contract under Section 6.05(b) or if the commissioners court of | ||
the county enters into a contract under Section 6.24(b). To be | ||
eligible to serve on the board of directors, an individual other | ||
than a county assessor-collector serving as a nonvoting director | ||
must be a resident of the district and must have resided in the | ||
district for at least two years immediately preceding the date the | ||
individual takes office. An individual who is otherwise eligible | ||
to serve on the board is not ineligible because of membership on the | ||
governing body of a taxing unit. An employee of a taxing unit that | ||
participates in the district is not eligible to serve on the board | ||
unless the individual is also a member of the governing body or an | ||
elected official of a taxing unit that participates in the | ||
district. | ||
SECTION 5.03. Subchapter A, Chapter 6, Tax Code, is amended | ||
by adding Section 6.0301 to read as follows: | ||
Sec. 6.0301. BOARD OF DIRECTORS IN POPULOUS COUNTIES. (a) | ||
This section applies only to an appraisal district established in a | ||
county with a population of 75,000 or more. | ||
(b) Sections 6.031, 6.034, and 6.10 do not apply to an | ||
appraisal district to which this section applies. | ||
(c) The appraisal district is governed by a board of nine | ||
directors. Five directors are appointed by the taxing units that | ||
participate in the district in the manner prescribed by Section | ||
6.03. Three directors are elected by majority vote at the general | ||
election for state and county officers by the voters of the county | ||
in which the district is established. The county assessor-collector | ||
serves as an ex officio director. | ||
(d) To be eligible to serve on the board of directors, an | ||
individual other than the county assessor-collector must be a | ||
resident of the district and must have resided in the district for | ||
at least two years immediately preceding the date the individual | ||
takes office. An individual who is otherwise eligible to serve on | ||
the board is not ineligible because of membership on the governing | ||
body of a taxing unit. An employee of a taxing unit that | ||
participates in the district is not eligible to serve on the board | ||
unless the individual is also a member of the governing body or an | ||
elected official of a taxing unit that participates in the | ||
district. | ||
(e) Members of the board of directors appointed by the | ||
taxing units participating in the district serve staggered | ||
four-year terms beginning on January 1 of every other even-numbered | ||
year. Elected members of the board of directors serve staggered | ||
four-year terms beginning on January 1 of every other odd-numbered | ||
year. | ||
(f) If a vacancy occurs in an appointive position on the | ||
board of directors, each taxing unit that is entitled to vote under | ||
Section 6.03 may nominate by resolution adopted by its governing | ||
body a candidate to fill the vacancy. The taxing unit shall submit | ||
the name of its nominee to the chief appraiser within 45 days after | ||
notification from the board of directors of the existence of the | ||
vacancy, and the chief appraiser shall prepare and deliver to the | ||
board of directors within the next five days a list of the nominees. | ||
The board of directors shall appoint by majority vote of its members | ||
one of the nominees to fill the vacancy. | ||
(g) If a vacancy occurs in an elective position on the board | ||
of directors, the board of directors shall appoint by majority vote | ||
of its members a person to fill the vacancy. A person appointed to | ||
fill a vacancy in an elective position must have the qualifications | ||
required of a director elected at a general election. | ||
SECTION 5.04. Subchapter A, Chapter 6, Tax Code, is amended | ||
by adding Section 6.032 to read as follows: | ||
Sec. 6.032. BALLOT PROCEDURES FOR ELECTED DIRECTORS; FILING | ||
FEE. (a) Except as provided by this section, Chapter 144, Election | ||
Code, applies to a candidate for an elective position on an | ||
appraisal district board of directors. | ||
(b) An application for a place on the ballot must be filed | ||
with the county judge of the county in which the appraisal district | ||
is established and be accompanied by a filing fee of: | ||
(1) $400 for a county with a population of 200,000 or | ||
more; or | ||
(2) $200 for a county with a population of less than | ||
200,000. | ||
(c) A filing fee received under this section shall be | ||
deposited in the county treasury to the credit of the county general | ||
fund. | ||
SECTION 5.05. The heading to Section 6.033, Tax Code, is | ||
amended to read as follows: | ||
Sec. 6.033. RECALL OF APPOINTED DIRECTOR. | ||
SECTION 5.06. Section 6.033(a), Tax Code, is amended to | ||
read as follows: | ||
(a) The governing body of a taxing unit may call for the | ||
recall of an appointed [ |
||
appraisal district [ |
||
whom the taxing unit cast any of its votes in the appointment of the | ||
board. The call must be in the form of a resolution, be filed with | ||
the chief appraiser of the appraisal district, and state that the | ||
taxing unit is calling for the recall of the member. If a | ||
resolution calling for the recall of a board member is filed under | ||
this subsection, the chief appraiser, not later than the 10th day | ||
after the date of filing, shall deliver a written notice of the | ||
filing of the resolution and the date of its filing to the presiding | ||
officer of the governing body of each taxing unit entitled to vote | ||
in the appointment of board members. | ||
SECTION 5.07. Section 6.036(a), Tax Code, is amended to | ||
read as follows: | ||
(a) An individual is not eligible to be a candidate for, to | ||
be appointed to, or to serve on the board of directors of an | ||
appraisal district if the individual or a business entity in which | ||
the individual has a substantial interest is a party to a contract | ||
with: | ||
(1) the appraisal district; or | ||
(2) a taxing unit that participates in the appraisal | ||
district, if the contract relates to the performance of an activity | ||
governed by this title. | ||
SECTION 5.08. Section 6.052(f), Tax Code, as effective | ||
January 1, 2024, is amended to read as follows: | ||
(f) The taxpayer liaison officer is responsible for | ||
providing clerical assistance to the applicable appointing | ||
authority prescribed by Section 6.41(d) [ |
||
and for publicizing the availability of positions on the appraisal | ||
review board. The officer shall deliver to the applicable | ||
appointing authority [ |
||
applications to serve on the board that are submitted to the officer | ||
and shall perform other duties as requested by the applicable | ||
appointing authority [ |
||
officer may not influence the process for selecting appraisal | ||
review board members. | ||
SECTION 5.09. Section 6.41, Tax Code, is amended by | ||
amending Subsections (d), (d-1), (d-2), (d-3), (d-5), (d-9), | ||
(d-10), (e), (g), (i), and (j) and adding Subsection (d-2-1) to read | ||
as follows: | ||
(d) Members of the board are appointed by the applicable | ||
appointing authority. For an appraisal district to which Section | ||
6.03 applies, the appointing authority is the local administrative | ||
district judge under Subchapter D, Chapter 74, Government Code, in | ||
the county in which the appraisal district is established. For an | ||
appraisal district to which Section 6.0301 applies, the appointing | ||
authority is the board of directors of the district. A vacancy on | ||
the board is filled in the same manner for the unexpired portion of | ||
the term. | ||
(d-1) All applications submitted to the appraisal district | ||
or to the appraisal review board from persons seeking appointment | ||
as a member of the appraisal review board shall be delivered to the | ||
applicable appointing authority [ |
||
authority [ |
||
regarding whether an applicant for appointment to or a member of the | ||
board owes any delinquent ad valorem taxes to a taxing unit | ||
participating in the appraisal district. | ||
(d-2) A local administrative district judge acting as an | ||
appointing authority may make appointments to the board directly or | ||
may, by written order, appoint from three to five persons to perform | ||
the duties of appraisal review board commissioner. If the local | ||
administrative district judge chooses to appoint appraisal review | ||
board commissioners, each commissioner shall possess the same | ||
qualifications as those required of an appraisal review board | ||
member. | ||
(d-2-1) A board of directors acting as an appointing | ||
authority must make appointments to the appraisal review board by | ||
majority vote, with at least two members of the majority being | ||
elected members of the board of directors. | ||
(d-3) The applicable appointing authority [ |
||
appointees to the board of their appointment, and when and where | ||
they are to appear. | ||
(d-5) The appraisal district of the county shall provide to | ||
the applicable appointing authority [ |
||
may be, the number of appraisal review board positions that require | ||
appointment and shall provide whatever reasonable assistance is | ||
requested by the applicable appointing authority [ |
||
(d-9) In selecting individuals who are to serve as members | ||
of the appraisal review board for an appraisal district described | ||
by Subsection (b-2), the board of directors of the district [ |
||
qualified individuals to permit the chairman of the appraisal | ||
review board to fill the positions on each special panel | ||
established under Section 6.425. | ||
(d-10) Upon selection of the individuals who are to serve as | ||
members of the appraisal review board, the applicable appointing | ||
authority [ |
||
appropriate order designating such members and setting each | ||
member's respective term of office, as provided elsewhere in this | ||
section. | ||
(e) Members of the board hold office for terms of two years | ||
beginning January 1. The appraisal district board of directors by | ||
resolution shall provide for staggered terms, so that the terms of | ||
as close to one-half of the members as possible expire each | ||
year. In making the initial or subsequent appointments, the | ||
applicable appointing authority, or the local administrative | ||
district [ |
||
authority is the judge, shall designate those members who serve | ||
terms of one year as needed to comply with this subsection. | ||
(g) Subsection (a) does not preclude the boards of directors | ||
of two or more adjoining appraisal districts from providing for the | ||
operation of a consolidated appraisal review board by interlocal | ||
contract. Members of a consolidated appraisal review board are | ||
appointed jointly by the applicable appointing authorities [ |
||
appraisal districts that are parties to the contract are | ||
established. | ||
(i) A chief appraiser or another employee or agent of the | ||
appraisal district, a member of the appraisal review board for the | ||
appraisal district, a member of the board of directors of the | ||
appraisal district if the board is established for a district to | ||
which Section 6.03 applies, a property tax consultant, or an agent | ||
of a property owner commits an offense if the person communicates | ||
with the applicable appointing authority [ |
||
members. This subsection does not apply to: | ||
(1) a communication between a member of the appraisal | ||
review board and the applicable appointing authority [ |
||
reappointment to the board; | ||
(2) a communication between the taxpayer liaison | ||
officer for the appraisal district and the applicable appointing | ||
authority [ |
||
the performance of the officer's clerical duties so long as the | ||
officer does not offer an opinion or comment regarding the | ||
appointment of appraisal review board members; | ||
(3) a communication between a chief appraiser or | ||
another employee or agent of the appraisal district, a member of the | ||
appraisal review board for the appraisal district, or a member of | ||
the board of directors of the appraisal district if the board is | ||
established for a district to which Section 6.03 applies and the | ||
applicable appointing authority [ |
||
(d-1), (d-5), or (f) of this section or Section 411.1296, | ||
Government Code; | ||
(4) a communication between a property tax consultant | ||
or a property owner or an agent of the property owner and the | ||
taxpayer liaison officer for the appraisal district regarding | ||
information relating to or described by Subsection (f). The | ||
taxpayer liaison officer for the appraisal district shall report | ||
the contents of the communication relating to or described by | ||
Subsection (f) to the applicable appointing authority [ |
||
(5) a communication between a property tax consultant | ||
or a property owner or an agent of the property owner and the | ||
applicable appointing authority [ |
||
(f). | ||
(j) A chief appraiser or another employee or agent of an | ||
appraisal district commits an offense if the person communicates | ||
with a member of the appraisal review board for the appraisal | ||
district, a member of the board of directors of the appraisal | ||
district, or the local administrative district judge, if the judge | ||
is the appointing authority for the district, regarding a ranking, | ||
scoring, or reporting of the percentage by which the appraisal | ||
review board or a panel of the board reduces the appraised value of | ||
property. | ||
SECTION 5.10. Section 6.41(f), Tax Code, as amended by | ||
Chapters 354 (H.B. 2941) and 533 (S.B. 63), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
(f) A member of the appraisal review board may be removed | ||
from the board by the applicable appointing authority, or the local | ||
administrative district [ |
||
appointing authority is the judge. Not later than the 90th day after | ||
the date the board of directors, local administrative district | ||
judge, or judge's designee that appointed a member of the appraisal | ||
review board learns of a potential ground for removal of the member, | ||
the board of directors, local administrative district judge, or | ||
judge's designee, as applicable, shall remove the member or find by | ||
official action that the member's removal is not warranted. | ||
Grounds for removal are: | ||
(1) a violation of Section 6.412, 6.413, 41.66(f), or | ||
41.69; | ||
(2) good cause relating to the attendance of members | ||
at called meetings of the board as established by written policy | ||
adopted by a majority of the appraisal district board of directors; | ||
or | ||
(3) evidence of repeated bias or misconduct. | ||
SECTION 5.11. Section 6.42(a), Tax Code, is amended to read | ||
as follows: | ||
(a) A majority of the appraisal review board constitutes a | ||
quorum. The applicable appointing authority prescribed by Section | ||
6.41(d) [ |
||
district is established shall select a chairman and a secretary | ||
from among the members of the appraisal review board. The | ||
applicable appointing authority [ |
||
chairman a member of the appraisal review board, if any, who has a | ||
background in law and property appraisal. | ||
SECTION 5.12. Section 6.425(e), Tax Code, is amended to | ||
read as follows: | ||
(e) Notwithstanding Subsection (d), the chairman of the | ||
appraisal review board may appoint to a special panel described by | ||
this section a member of the appraisal review board who does not | ||
meet the qualifications prescribed by that subsection if: | ||
(1) the number of persons appointed to the board [ |
||
qualifications is not sufficient to fill the positions on each | ||
special panel; and | ||
(2) the board member being appointed to the panel | ||
holds a bachelor's degree in any field. | ||
SECTION 5.13. (a) Appraisal district directors shall be | ||
elected to the elective positions as provided by Section 6.0301, | ||
Tax Code, as added by this article, beginning with the election | ||
conducted on the uniform election date in May 2024. The directors | ||
then elected take office on July 1, 2024, and serve a term that | ||
expires on December 31, 2026. | ||
(b) Following the election of the initial elected directors | ||
of an appraisal district as provided by Subsection (a) of this | ||
section, directors shall be elected as provided by Section 6.0301, | ||
Tax Code, as added by this article, beginning with the general | ||
election conducted in November 2026. Directors then elected take | ||
office January 1, 2027. | ||
(c) At the first meeting of the board of directors of an | ||
appraisal district described by Section 6.0301, Tax Code, as added | ||
by this article, that follows the November 2026 general election of | ||
directors under that section, the three elected directors shall | ||
draw lots to determine which director shall serve a term of two | ||
years and which two directors shall serve a term of four years. | ||
Thereafter, all elected directors serve four-year terms. | ||
(d) The term of an appraisal district director serving on | ||
December 31, 2024, on the board of directors of an appraisal | ||
district described by Section 6.0301, Tax Code, as added by this | ||
article, expires on January 1, 2025. Not later than December 31, | ||
2024, the taxing units participating in the appraisal district that | ||
are entitled to appoint directors shall appoint five directors to | ||
serve terms that begin on January 1, 2025. Two directors shall be | ||
appointed to serve a term of one year, and three directors shall be | ||
appointed to serve a term of three years. Thereafter, all appointed | ||
directors serve four-year terms. | ||
ARTICLE 6. TRANSITIONAL TAX YEAR PROVISIONS | ||
SECTION 6.01. Section 25.23, Tax Code, is amended by adding | ||
Subsection (a-1) to read as follows: | ||
(a-1) This subsection applies only to the appraisal records | ||
for the 2023 tax year. The chief appraiser shall prepare | ||
supplemental appraisal records to account for the changes in law | ||
made by S.B. 2, Acts of the 88th Legislature, 2nd Called Session, | ||
2023. This subsection expires December 31, 2024. | ||
SECTION 6.02. Section 26.04, Tax Code, is amended by adding | ||
Subsections (a-1) and (c-1) to read as follows: | ||
(a-1) On receipt of the appraisal roll for the 2023 tax | ||
year, the assessor for a taxing unit shall determine the total | ||
taxable value of property taxable by the taxing unit and the taxable | ||
value of new property as if the changes in law made by S.B. 2, Acts | ||
of the 88th Legislature, 2nd Called Session, 2023, were in effect | ||
for that tax year. This subsection expires December 31, 2024. | ||
(c-1) An officer or employee designated by the governing | ||
body of a taxing unit shall calculate the no-new-revenue tax rate | ||
and the voter-approval tax rate of the taxing unit for the 2023 tax | ||
year as if the changes in law made by S.B. 2, Acts of the 88th | ||
Legislature, 2nd Called Session, 2023, were in effect for that tax | ||
year. This subsection expires December 31, 2024. | ||
SECTION 6.03. Chapter 26, Tax Code, is amended by adding | ||
Section 26.0401 to read as follows: | ||
Sec. 26.0401. CALCULATION OF CERTAIN TAX RATES FOR 2023 TAX | ||
YEAR. (a) For the purposes of calculating the no-new-revenue tax | ||
rate, the voter-approval tax rate, and any related tax rate for the | ||
2023 tax year, a taxing unit that calculates those rates under a | ||
provision of law other than Section 26.04 or 26.08 shall calculate | ||
those rates as if the changes in law made by S.B. 2, Acts of the 88th | ||
Legislature, 2nd Called Session, 2023, were in effect for that tax | ||
year. | ||
(b) This section expires December 31, 2024. | ||
SECTION 6.04. Section 26.08, Tax Code, is amended by adding | ||
Subsection (q) to read as follows: | ||
(q) For purposes of this section, the voter-approval tax | ||
rate of a school district for the 2023 tax year shall be calculated | ||
as if the changes in law made by S.B. 2, Acts of the 88th | ||
Legislature, 2nd Called Session, 2023, were in effect for that tax | ||
year. This subsection expires December 31, 2024. | ||
SECTION 6.05. Section 26.09, Tax Code, is amended by adding | ||
Subsection (c-1) to read as follows: | ||
(c-1) The assessor for a taxing unit shall calculate the | ||
amount of tax imposed by the taxing unit on property for the 2023 | ||
tax year as if the changes in law made by S.B. 2, Acts of the 88th | ||
Legislature, 2nd Called Session, 2023, were in effect for that tax | ||
year and also as if the changes in law made by that Act were not in | ||
effect for that tax year. This subsection expires December 31, | ||
2024. | ||
SECTION 6.06. Section 26.15, Tax Code, is amended by adding | ||
Subsection (h) to read as follows: | ||
(h) The assessor for a taxing unit shall correct the tax | ||
roll for the taxing unit for the 2023 tax year to reflect the | ||
results of the election to approve the constitutional amendment | ||
proposed by H.J.R. 2, 88th Legislature, 2nd Called Session, 2023. | ||
This subsection expires December 31, 2024. | ||
SECTION 6.07. Section 31.01, Tax Code, is amended by adding | ||
Subsections (d-2), (d-3), (d-4), and (d-5) to read as follows: | ||
(d-2) This subsection and Subsections (d-3) and (d-4) apply | ||
only to taxes imposed by a taxing unit on property for the 2023 tax | ||
year and only if the changes in law made by S.B. 2, Acts of the 88th | ||
Legislature, 2nd Called Session, 2023, would lower the taxes | ||
imposed by the taxing unit on the property for that tax year. The | ||
assessor for the taxing unit shall compute the amount of taxes | ||
imposed and the other information required by this section as if the | ||
changes in law made by S.B. 2, Acts of the 88th Legislature, 2nd | ||
Called Session, 2023, were in effect for that tax year. The tax | ||
bill or the separate statement must indicate that the bill is a | ||
provisional tax bill and include a statement in substantially the | ||
following form: | ||
"If the Texas Legislature had not enacted property tax relief | ||
legislation during the 2023 legislative session, your tax bill | ||
would have been $____ (insert amount of tax bill if the changes in | ||
law made by S.B. 2, Acts of the 88th Legislature, 2nd Called | ||
Session, 2023, were not in effect for that tax year). Because of | ||
action by the Texas Legislature, your tax bill has been lowered by | ||
$____ (insert difference between amount of tax bill if the changes | ||
in law made by S.B. 2, Acts of the 88th Legislature, 2nd Called | ||
Session, 2023, were not in effect for that tax year and amount of | ||
tax bill if that Act were in effect for that tax year), resulting in | ||
a lower tax bill of $____ (insert amount of tax bill if the changes | ||
in law made by S.B. 2, Acts of the 88th Legislature, 2nd Called | ||
Session, 2023, were in effect for that tax year), contingent on the | ||
approval by the voters at an election to be held November 7, 2023, | ||
of the constitutional amendment proposed by H.J.R. 2, 88th | ||
Legislature, 2nd Called Session, 2023. If that constitutional | ||
amendment is not approved by the voters at the election, a | ||
supplemental tax bill in the amount of $____ (insert difference | ||
between amount of tax bill if the changes in law made by S.B. 2, | ||
Acts of the 88th Legislature, 2nd Called Session, 2023, were not in | ||
effect for that tax year and amount of tax bill if that Act were in | ||
effect for that tax year) will be mailed to you." | ||
(d-3) A tax bill prepared by the assessor for a taxing unit | ||
as provided by Subsection (d-2) and mailed as provided by | ||
Subsection (a) is considered to be a provisional tax bill until the | ||
canvass of the votes on the constitutional amendment proposed by | ||
H.J.R. 2, 88th Legislature, 2nd Called Session, 2023. If the | ||
constitutional amendment is approved by the voters, the tax bill is | ||
considered to be a final tax bill for the taxes imposed on the | ||
property for the 2023 tax year, and no additional tax bill is | ||
required to be mailed unless another provision of this title | ||
requires the mailing of a corrected tax bill. If the constitutional | ||
amendment is not approved by the voters: | ||
(1) a tax bill prepared by the assessor as provided by | ||
Subsection (d-2) is considered to be a final tax bill but only as to | ||
the portion of the taxes imposed on the property for the 2023 tax | ||
year that are included in the bill; | ||
(2) the amount of taxes imposed by each taxing unit on | ||
property for the 2023 tax year is calculated as if the changes in | ||
law made by S.B. 2, Acts of the 88th Legislature, 2nd Called | ||
Session, 2023, were not in effect for that tax year; and | ||
(3) except as provided by Subsections (f), (i-1), and | ||
(k), the assessor for each taxing unit shall prepare and mail a | ||
supplemental tax bill, by December 1 or as soon thereafter as | ||
practicable, in an amount equal to the difference between the | ||
amount of the tax bill if the changes in law made by S.B. 2, Acts of | ||
the 88th Legislature, 2nd Called Session, 2023, were not in effect | ||
for that tax year and the amount of the tax bill if that Act were in | ||
effect for that tax year. | ||
(d-4) Except as otherwise provided by Subsection (d-3), the | ||
provisions of this section other than Subsection (d-2) apply to a | ||
supplemental tax bill mailed under Subsection (d-3). | ||
(d-5) This subsection and Subsections (d-2), (d-3), and | ||
(d-4) expire December 31, 2024. | ||
SECTION 6.08. Section 31.02, Tax Code, is amended by adding | ||
Subsection (a-1) to read as follows: | ||
(a-1) Except as provided by Subsection (b) of this section | ||
and Sections 31.03 and 31.04, taxes for which a supplemental tax | ||
bill is mailed under Section 31.01(d-3) are due on receipt of the | ||
tax bill and are delinquent if not paid before March 1 of the year | ||
following the year in which imposed. This subsection expires | ||
December 31, 2024. | ||
ARTICLE 7. CONTINGENT ON PASSAGE OF FRANCHISE TAX REFORM | ||
LEGISLATION | ||
SECTION 7.01. This Act takes effect only if S.B. 3 or | ||
similar legislation of the 88th Legislature, 2nd Called Session, | ||
2023, relating to the amount of the total revenue exemption for the | ||
franchise tax and the exclusion of certain taxable entities from | ||
the requirement to file a franchise tax report becomes law in a | ||
manner described by Section 2001.006(a)(2), Government Code. If | ||
legislation described by this section does not become law in a | ||
manner described by Section 2001.006(a)(2), Government Code, this | ||
Act has no effect. | ||
ARTICLE 8. EFFECTIVE DATES | ||
SECTION 8.01. Except as provided by Article 7 of this Act, | ||
this Act takes effect as provided by this article. | ||
SECTION 8.02. Except as otherwise provided by this article, | ||
this Act takes effect on the 91st day after the last day of the | ||
legislative session. | ||
SECTION 8.03. Article 2 of this Act takes effect on the date | ||
on which the constitutional amendment proposed by H.J.R. 2, 88th | ||
Legislature, 2nd Called Session, 2023, is approved by the voters. | ||
If that amendment is not approved by the voters, Article 2 of this | ||
Act has no effect. | ||
SECTION 8.04. (a) Except as provided by Subsection (b) of | ||
this section or as otherwise provided by Article 3 of this Act: | ||
(1) Article 3 of this Act takes effect on the date on | ||
which the constitutional amendment proposed by H.J.R. 2, 88th | ||
Legislature, 2nd Called Session, 2023, takes effect; and | ||
(2) if that amendment is not approved by the voters, | ||
Article 3 of this Act has no effect. | ||
(b) Sections 49.004(a-1), (b-1), and (c-1), 49.0042, | ||
49.0121, 49.154(a-2) and (a-3), and 49.308(a-1), Education Code, as | ||
added by Article 3 of this Act, take effect immediately if this Act | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for those sections | ||
to have immediate effect, those sections take effect on the 91st day | ||
after the last day of the legislative session. | ||
SECTION 8.05. Article 4 of this Act takes effect January 1, | ||
2024, but only if the constitutional amendment proposed by | ||
H.J.R. 2, 88th Legislature, 2nd Called Session, 2023, is approved | ||
by the voters. If that amendment is not approved by the voters, | ||
Article 4 of this Act has no effect. | ||
SECTION 8.06. (a) Article 5 of this Act takes effect as | ||
provided by Subsections (b) and (c) of this section, but only if the | ||
constitutional amendment proposed by H.J.R. 2, 88th Legislature, | ||
2nd Called Session, 2023, is approved by the voters. If that | ||
amendment is not approved by the voters, Article 5 of this Act has | ||
no effect. | ||
(b) Except as provided by Subsection (c) of this section, | ||
Article 5 of this Act takes effect January 1, 2025. | ||
(c) Sections 5.04 and 5.13 of this Act take effect on the | ||
91st day after the last day of the legislative session. | ||
SECTION 8.07. Article 6 of this Act takes effect | ||
immediately if this Act receives a vote of two-thirds of all the | ||
members elected to each house, as provided by Section 39, Article | ||
III, Texas Constitution. If this Act does not receive the vote | ||
necessary for that article to have immediate effect, Article 6 of | ||
this Act takes effect on the 91st day after the last day of the | ||
legislative session. |