SB 9 amends sections of the Texas Tax Code to revise how the voter-approval tax rate is calculated for certain taxing units. The voter-approval tax rate represents the highest property tax rate a local government can adopt without triggering an automatic election for voter approval. This bill primarily reduces the rate at which maintenance and operations (M&O) taxes may grow without an election for specific categories of taxing entities.
Under current law, taxing units that are not classified as “special taxing units” or small counties/municipalities (with populations under 75,000) are allowed to increase their M&O tax rates by up to 3.5% annually without voter approval. SB 9 reduces that threshold to 2.5%, effectively lowering the cap on revenue growth from existing properties. This applies in several tax rate calculation contexts, including standard rate formulas, formulas involving new sales tax adoptions, and situations involving the cessation of additional sales taxes.
Additionally, the bill updates formulas scheduled to take effect in 2026 under previous legislation (HB 30, 2025), ensuring the reduced 1.025 multiplier applies in disaster relief tax rate calculations as well. These changes will take effect for ad valorem tax years beginning on or after January 1, 2026.
By tightening the threshold for tax increases that can occur without voter input, SB 9 enhances taxpayer protections and increases accountability for local governments seeking to raise property tax revenues.
The originally filed version of SB 9 and its Committee Substitute both aim to revise the calculation of the voter-approval tax rate by reducing the permissible rate of property tax growth without triggering a voter election. However, the two versions differ in a key eligibility threshold and structure that indicate important policy changes.
The main difference is in the population threshold used to distinguish between smaller and larger taxing units. The originally filed version of SB 9 sets the threshold at a population of 30,000, while the Committee Substitute raises this threshold to 75,000. This change significantly broadens the number of taxing units that qualify for the more lenient 3.5% M&O (maintenance and operations) rate multiplier. In contrast, taxing units above the threshold are limited to the newly reduced 2.5% multiplier.
In practical terms, this means that under the filed version, more municipalities and counties would have been subject to the stricter 2.5% growth limit, while the Committee Substitute narrows that scope, offering more flexibility to local governments in smaller jurisdictions. The rest of the bill’s mechanics remain consistent: it updates the relevant formulas across multiple Tax Code sections (26.04, 26.041, 26.042), including scenarios involving sales tax gains/losses and disaster relief adjustments. The effective date remains January 1, 2026, in both versions.
In summary, the Committee Substitute reflects a more moderate policy choice by adjusting the population cutoff upward, softening the financial impact on smaller taxing entities while still implementing a more restrictive property tax cap for larger jurisdictions.