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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolition of ad valorem taxes and the creation of a |
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joint interim committee on the abolition of those taxes. |
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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       SECTION 1.  (a)  In this section, "committee" means the joint |
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interim committee on the abolition of ad valorem taxes. |
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       (b)  The joint interim committee on the abolition of ad |
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valorem taxes is composed of: |
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             (1)  five members of the house of representatives |
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appointed by the speaker of the house of representatives; and |
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             (2)  five senators appointed by the lieutenant |
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governor. |
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       (c)  The speaker of the house of representatives and the |
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lieutenant governor shall make the appointments under Subsection |
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(b) of this section not later than February 1, 2024. |
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       (d)  The speaker of the house of representatives and the |
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lieutenant governor shall each designate a co-chair from among the |
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committee members. |
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       (e)  The committee shall convene at the joint call of the |
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co-chairs. |
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       (f)  The committee has all other powers and duties provided |
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to a special or select committee by the rules of the senate and |
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house of representatives, by Subchapter B, Chapter 301, Government |
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Code, and by policies of the senate and house committees on |
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administration. |
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       (g)  The committee shall conduct a comprehensive study to |
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determine how to replace local tax revenue that will be lost when ad |
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valorem taxes are abolished with local sales and use tax revenue. |
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       (h)  The committee shall: |
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             (1)  consider whether political subdivisions that |
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currently impose ad valorem taxes would have the authority to |
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impose sales and use taxes; |
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             (2)  determine the average sales and use tax rate for |
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each type of political subdivision that would be necessary to |
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generate the same amount of tax revenue as the amount of tax revenue |
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lost as a result of the abolition of ad valorem taxes; |
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             (3)  determine, if appropriate, the effect that |
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broadening the application of sales and use taxes at the local level |
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would have on the tax rates identified under Subdivision (2) of this |
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subsection; |
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             (4)  identify whether tax revenue generated by sales |
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and use taxes would require redistribution to offset disparities in |
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available local tax revenue as a result of the abolition of ad |
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valorem taxes and, if so, evaluate the different mechanisms of |
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redistribution available; and |
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             (5)  identify and examine any other issue that would |
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need to be addressed to implement the abolition of ad valorem taxes. |
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       (i)  On request of the committee, a state agency or political |
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subdivision shall provide information for and assistance in |
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conducting the study under this section. |
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       (j)  Not later than December 1, 2024, the committee shall |
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prepare and submit to the legislature a written report containing |
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the results of the study and any recommendations for legislative or |
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other action. |
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       (k)  The committee is abolished and this section expires |
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January 1, 2025. |
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       SECTION 2.  (a)  Title 1, Tax Code, is repealed. |
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       (b)  Notwithstanding any other law, this state or a political |
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subdivision of this state may not impose an ad valorem tax.  To the |
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extent of a conflict, this section controls over a conflicting |
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provision in a general or special law. |
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       (c)  The change in law made by this section does not affect |
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tax liability accruing before January 1, 2029.  That liability |
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continues in effect as if this section had not been enacted, and the |
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former law is continued in effect for the collection of taxes due |
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and for civil and criminal enforcement of the liability for those |
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taxes. |
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       SECTION 3.  (a)  This Act takes effect as provided by |
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Subsections (b) and (c) of this section, but only if the |
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constitutional amendment proposed by the 88th Legislature, 3rd |
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Called Session, 2023, to abolish ad valorem taxes is approved by the |
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voters.  If that amendment is not approved by the voters, this Act |
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has no effect. |
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       (b)  This section and Section 1 of this Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Statutes affected:
Introduced: ()