Sec. 120.007. COMPTROLLER INVESTIGATION; TAX RATE LIMITATION. (a) On request by the criminal justice division of the office of the governor, the comptroller shall determine whether a county has implemented a proposed reduction or reallocation described by Section 120.002(a) without the required voter approval. The comptroller shall issue a written determination to the governor, lieutenant governor, speaker of the house of representatives, and governing body of the county.
(b) The comptroller may require a county to submit information for the current or preceding fiscal year to assist the comptroller's investigation under this section.
(c) Notwithstanding any other law, if the comptroller determines that a county implemented a proposed reduction or reallocation described by Section 120.002(a) without the required voter approval, the county may not adopt an ad valorem tax rate that exceeds the county's no-new-revenue tax rate until the earlier of:
(1) the date the comptroller issues a written determination that the county has, as applicable:
(A) reversed each funding reduction, adjusted for inflation, and personnel reduction that was a subject of the determination; or
(B) restored all reallocated funding and resources that were subjects of the determination to the original law enforcement agency; or
(2) the date on which each reduction and reallocation that was a subject of the determination has been approved in an election held in accordance with this chapter.
(d) For purposes of making the calculation required under Section 26.013, Tax Code, in a tax year the comptroller determines that a county implemented a proposed reduction or reallocation described by Section 120.002(a) without the required voter approval, the difference between the actual tax rate and voter-approval tax rate is considered to be zero.
Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022.
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