Bill Text: TX HB393 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to the calculation of the ad valorem rollback tax rate of a municipality.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-08-09 - Filed [HB393 Detail]

Download: Texas-2017-HB393-Introduced.html
 
 
  By: Koop H.B. No. 393
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the calculation of the ad valorem rollback tax rate of a
  municipality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 26, Tax Code, is amended by adding
  Section 26.0442 to read as follows:
         Sec. 26.0442.  TAX RATE ADJUSTMENT FOR ADDITIONAL MUNICIPAL
  POLICE AND FIRE FIGHTER RETIREMENT SYSTEMS EXPENDITURES. (a) In
  this section, "additional municipal police and fire fighter
  retirement systems expenditures" for a tax year means the amount by
  which the amount of municipal contributions required by Section
  4.02, Article 6243a-1, Revised Statutes, that were made by a
  municipality in the period beginning on July 1 of the year preceding
  the tax year for which the tax is adopted and ending on June 30 of
  the tax year for which the tax is adopted exceeds the amount of
  municipal contributions that would have been required by that
  section to have been made by that municipality in that period if
  that section had not been amended by H.B. 3158, Acts of the 85th
  Legislature, Regular Session, 2017.
         (b)  In the first tax year in which a municipality adopts a
  tax rate after January 1, 2018, and in which the municipality makes
  additional municipal police and fire fighter retirement systems
  expenditures, the effective maintenance and operations rate for the
  municipality is increased by the rate computed according to the
  following formula:
  Additional Municipal Police and Fire Fighter Retirement
  Systems Expenditures / (Current Total Value - New Property
  Value)
         (c)  In each subsequent tax year, if the municipality's
  additional municipal police and fire fighter retirement systems
  expenditures exceed the amount of those expenditures for the
  preceding year, the effective maintenance and operations rate for
  the municipality is increased by the rate computed according to the
  following formula:
  (Current Tax Year's Additional Municipal Police and Fire
  Fighter Retirement Systems Expenditures - Preceding Tax
  Year's Additional Municipal Police and Fire Fighter
  Retirement Systems Expenditures) / (Current Total Value - New
  Property Value)
         (d)  The municipality shall include a notice of the increase
  in its effective maintenance and operations rate provided by this
  section, including a brief description and the amount of the
  additional municipal police and fire fighter retirement systems
  expenditures, in the information published under Section 26.04(e)
  and, if applicable, Section 26.06(b).
         Section 2:  Section 26.0442, Tax Code, as added by this Act,
  applies to the effective maintenance and operations rate of a
  municipality beginning with the 2018 tax year.
         Section 3:  CONTINGENCY. (a) This Act takes effect only if
  the 85th Legislature, 1st Called Session, 2017, enacts the
  following and the Act become law:
               (1)  S.B. 1 or another Act that lowers the rollback rate
  from eight percent to six percent and requires an automatic tax
  ratification election if the rollback rate is exceeded.
         Section 4:  EFFECTIVE DATE: This Act takes effect
  immediately if it 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
  immediate effect, this Act takes effect on the 91st day after the
  last day of the legislative session.
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