Editor’s note: If you’d like an email notice whenever we publish Ross Ramsey’s column, click here.
If youโd like to listen to the column, just click on the play button below.
You havenโt heard everything yet: The coronavirus could ignite a fight over local government taxes in Texas.
A law passed less than a year ago requires cities and counties to get approval from voters any time theyโre increasing property tax revenue by more than 3.5%. The old restriction was 8% โ an increase that lawmakers decided was too generous, especially at a time when voters were boiling mad about rising property taxes.
They did leave open some exceptions, though. Local governments donโt have to seek voter approval for increases of more than 3.5% that are attributable to disasters.
Itโs not limited to hurricanes and tornadoes, either.
The pandemic is a disaster, officially speaking. It says so right there in Gov. Greg Abbottโs mid-March proclamation, the one where the governor said, โIn accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I hereby declare a state of disaster for all counties in Texas.โ
That same government code includes a handy definition: โโDisasterโ means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, cybersecurity event, other public calamity requiring emergency action, or energy emergency.โ
You saw it, right? Up there between โvolcanic activityโ and โair contamination?โ
Epidemic.
State Sen. Paul Bettencourt, R-Houston, one of the authors of that legislation, doesnโt believe the coronavirus triggers that exception. He points to something the governor said when the disaster proclamation came out.
โWeโll have to take a look at it,โ Abbott said then. โPretty much the only type of governmental entity that would be affected would be a hospital district, and they werenโt subject to having the rollback rate change.โ
That was before the pandemic ripped into the economy. All levels of government โ much like all levels of business โ face severe financial shock.
Itโs not clear any of the local governments want to raise property taxes. At the moment, government folk, like the residents they serve, are wondering how bad the economy will get. City budget years start in October; it will be September before they know what they want to spend, whether that means an increase in property taxes and, if so, how much.
Like the state government, theyโre watching business activity โ or the lack of it โ and waiting to see how bad things really are. Comptroller Glenn Hegar said earlier this month that heโll revise his estimates of state revenues in midsummer. He didnโt put a number to it, but said lawmakers will have billions of dollars less than they thought in the budget.
โThe only way out of the ditch is to get everybody back to work,โ Bettencourt said Thursday. โThe question is what will be the length of the ditch.โ
As sales have fallen, so have state and local sales taxes. It will be another month and a half before Hegar has a hard look at the full extent of lost sales and lost sales taxes. Local officials, who depend on the local portion of that tax, will get a look at the same time.
Thatโs when theyโll start figuring out what the coronavirus has cost in extra services, how hard it has hit their revenues and what they need to spend to help their communities recover. That will tell them whether they need to raise property taxes to compensate.
At some point, this question about rollbacks โ about how much property taxes can increase without voter approval โ will come up. Bettencourt says 3.5% is the cap. The association that represents city governments in Austin says itโs 8%.
โItโs clear to us,โ said Bennett Sandlin, executive director of the Texas Municipal League. โThatโs different than saying we think cities should raise taxes; itโs not like this is a field day. But the way the bill is written, itโs clear that the [3.5%] rollback is suspended.โ
Expect a debate. Bettencourt acknowledges as much, but he said it will come after state and local officials have seen the numbers, see the extent of the economic and public health damage, and get around to writing budgets and setting tax rates.
โThe debate can wait until fall,โ he said. โI donโt see the need for it right now.โ
Disclosure: The Texas Municipal League has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

