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The following phrases, words, and terms, when used in this
subchapter shall have the following meanings, unless the context clearly
indicates otherwise.
(1)Account--The account created by Local Government
Code, §140.011(h) from which disabled veteran assistance payments
are made.
(2)Adjacent--Having a common endpoint or border. The
fact that a road separates a city and a United States military installation
does not prevent a city and military installation from being considered
adjacent.
(3)Applicant--A local government that has applied
for a payment.
(4)Comptroller--The Comptroller of Public Accounts
for the State of Texas.
(5)Exemption amount--The total appraised value of
all property located in the local government that is granted an exemption
from taxation under Tax Code, §11.131 for the tax year in which
the fiscal year begins and for which the applicant is requesting payment.
(6)Fiscal year--The fiscal year of the applicant unless
otherwise indicated.
(7)General fund revenue--Revenue generated by a local
government from the following sources during a fiscal year and deposited
in the dedicated general operating fund of the local government during
that fiscal year:
(A)ad valorem taxes;
(B)sales and use taxes;
(C)franchise taxes, fees, or assessments charged for
use of the local government's right-of-way;
(D)building and development fees, including permit
and inspection fees;
(E)court fines and fees;
(F)other fees, assessments, and charges; and
(G)interest earned by the local government.
(8)Independent audit--An audit required by law to
be prepared for the applicant for the fiscal year for which the applicant
is requesting payment which verifies amounts of general fund revenue
by source.
(9)Local government--
(A)a municipality adjacent to a United States military
installation; or
(B)a county in which a United States military installation
is wholly or partly located.
(10)Lost ad valorem tax revenue or lost property tax
revenue--For a fiscal year for which the applicant is requesting payment,
the product of the property tax rate adopted by the applicant for
the tax year in which that fiscal year begins and the exemption amount.
(11)Payment--A disabled veteran assistance payment
paid to a qualified local government from the account in an amount
calculated by subtracting 1.0% of the local government's general fund
revenue for a fiscal year from the local government's lost property
tax revenue for that fiscal year.
(12)Qualified local government--A local government
entitled to a disabled veteran assistance payment under Local Government
Code, §140.011. A local government is a qualified local government
for a fiscal year if the amount of lost property tax revenue is equal
to or greater than 2.0% of the applicant's general fund revenue for
that fiscal year.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on December 8, 2015
TRD-201505384 Lita Gonzalez
General Counsel
Comptroller of Public
Accounts
Earliest possible date of adoption: January 24, 2016
For further information, please call: (512) 475-0387
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