Bill Text: TX HB3120 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the calculation of the voter-approval tax rate of certain junior college districts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-04-13 - Committee report sent to Calendars [HB3120 Detail]

Download: Texas-2023-HB3120-Introduced.html
  88R9756 LHC-D
 
  By: Muñoz, Jr. H.B. No. 3120
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the calculation of the voter-approval tax rate of
  certain junior college districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.012, Tax Code, is amended by adding
  Subdivision (18-c) and amending Subdivision (19) to read as
  follows:
               (18-c)  "Special junior college district" means a
  junior college district:
                     (A)  whose service area boundaries and taxing
  district boundaries are identical; and
                     (B)  that is located in at least one county
  adjacent to an international border.
               (19)  "Special taxing unit" means:
                     (A)  a taxing unit, other than a school district,
  for which the maintenance and operations tax rate proposed for the
  current tax year is 2.5 cents or less per $100 of taxable value;
                     (B)  a junior college district, including a
  special junior college district; or
                     (C)  a hospital district.
         SECTION 2.  Section 26.04(c), Tax Code, is amended to read as
  follows:
         (c)  After the assessor for the taxing unit submits the
  appraisal roll for the taxing unit to the governing body of the
  taxing unit as required by Subsection (b), an officer or employee
  designated by the governing body shall calculate the no-new-revenue
  tax rate and the voter-approval tax rate for the taxing unit, where:
               (1)  "No-new-revenue tax rate" means a rate expressed
  in dollars per $100 of taxable value calculated according to the
  following formula:
         NO-NEW-REVENUE TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY
  LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)
         ; and
               (2)  "Voter-approval tax rate" means a rate expressed
  in dollars per $100 of taxable value calculated according to the
  following applicable formula:
                     (A)  for a special taxing unit other than a
  special junior college district:
         VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
  OPERATIONS RATE x 1.08) + CURRENT DEBT RATE
         ; [or]
                     (B)  for a special taxing unit that is a special
  junior college district:
         VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
  OPERATIONS RATE x 1.03) + CURRENT DEBT RATE
         ; or
                     (C)  for a taxing unit other than a special taxing
  unit:
         VOTER-APPROVAL TAX RATE = (NO-NEW-REVENUE MAINTENANCE AND
  OPERATIONS RATE x 1.035) + (CURRENT DEBT RATE + UNUSED INCREMENT
  RATE)
         SECTION 3.  Section 26.042(a), Tax Code, is amended to read
  as follows:
         (a)  Notwithstanding Sections 26.04 and 26.041, the
  governing body of a taxing unit other than a school district or a
  special taxing unit may direct the designated officer or employee
  to calculate the voter-approval tax rate of the taxing unit in the
  manner provided for a special taxing unit other than a special
  junior college district if any part of the taxing unit is located in
  an area declared a disaster area during the current tax year by the
  governor or by the president of the United States and at least one
  person is granted an exemption under Section 11.35 for property
  located in the taxing unit.  The designated officer or employee
  shall continue calculating the voter-approval tax rate in the
  manner provided by this subsection until the earlier of:
               (1)  the first tax year in which the total taxable value
  of property taxable by the taxing unit as shown on the appraisal
  roll for the taxing unit submitted by the assessor for the taxing
  unit to the governing body exceeds the total taxable value of
  property taxable by the taxing unit on January 1 of the tax year in
  which the disaster occurred; or
               (2)  the third tax year after the tax year in which the
  disaster occurred.
         SECTION 4.  Section 26.075(b), Tax Code, is amended to read
  as follows:
         (b)  This section applies to a taxing unit only in a tax year
  in which the taxing unit's:
               (1)  de minimis rate exceeds the taxing unit's
  voter-approval tax rate; and
               (2)  adopted tax rate is:
                     (A)  equal to or lower than the taxing unit's de
  minimis rate; and
                     (B)  greater than the greater of the taxing
  unit's:
                           (i)  voter-approval tax rate calculated as
  if the taxing unit were a special taxing unit other than a special
  junior college district; or
                           (ii)  voter-approval tax rate.
         SECTION 5.  This Act applies only to ad valorem taxes imposed
  for an ad valorem tax year that begins on or after the effective
  date of this Act.
         SECTION 6.  This Act takes effect January 1, 2024.
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