CHAPTER 302. TAXATION POWERS OF MUNICIPALITIES

TAX CODE

TITLE 3. LOCAL TAXATION

SUBTITLE A. GENERAL TAXING AUTHORITY AND PROVISIONS

CHAPTER 302. TAXATION POWERS OF MUNICIPALITIES

SUBCHAPTER A. PROPERTY TAXES

Sec. 302.001. PROPERTY TAXES AUTHORIZED; PURPOSES. (a) A Type

A general-law municipality may levy property taxes for current

expenses, for the construction or purchase of public buildings,

water works, sewers, and other permanent improvements in the

municipality, including municipal schools and school sites, and

for the construction and improvement of municipal roads, streets,

and bridges in the municipality.

(b) A Type B general-law municipality may levy property taxes at

an annual rate not to exceed 25 cents for each $100 of property

valuation.

(c) A home-rule municipality may levy special or general

property taxes for lawful purposes.

Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1,

1987.

Sec. 302.002. OTHER TAXES NOT CONSIDERED: CERTAIN HOME-RULE

MUNICIPALITIES. (a) In determining the power of certain

home-rule municipalities to levy taxes, the taxes levied by a

county, a political subdivision of a county, or a district under

Article III, Section 52, of the Texas Constitution are not

considered.

(b) This section prevails over a provision of a municipal

charter to the extent of a conflict.

(c) This section applies only to a municipality that attempted

to amend its charter before June 30, 1939, and at the time of the

election to amend the charter did not own a water system,

sanitary sewer system, electric light system, or natural gas

system from which it could derive revenue.

Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1,

1987.

SUBCHAPTER B. GENERAL PROVISIONS RELATING TO EXCISE TAXES

Sec. 302.101. OCCUPATION TAXES. (a) The governing body of a

municipality, other than a Type C general-law municipality having

200 or fewer inhabitants, may impose and collect occupation

taxes.

(b) A license required by a Type A general-law municipality may

not extend to more than one establishment or apply to more than

one occupation, business, or calling and may not be imposed

except by a vote of two-thirds of the elected aldermen.

Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1,

1987.

Sec. 302.102. TAX COLLECTION POWERS. (a) The governing body of

a Type A general-law municipality may adopt ordinances and make

rules relating to the imposition, assessment, and collection of

taxes, except ad valorem taxes, authorized by this subchapter. An

ordinance may provide for the sale of real and personal property

for the collection of a tax authorized by this subchapter.

(b) A home-rule municipality may collect taxes that are

authorized by the charter of the municipality or by law and may

impose penalties for delinquent taxes. This subsection does not

apply to property taxes.

Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1,

1987.