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TNT, It's .D.y. _n. amite! <br /> Dght ng the Fuse for Full Disclosure <br /> <br />Jim Fort6 and Becky Grimm, Govo'Net Solutlo,u, Dallas <br /> <br /> There have probably'~1"~'~. ~"~ <br /> been very few/J <br /> pieces of city- <br /> related legislation <br /> passed in recent ye~s that <br /> have been as volatile = "TNT." <br /> Although proper~ v~ues soared <br />in the 1970s, properw t~ rares <br />weren't declining at a corresponding <br />rite, so in 1979 T~ lawm~ers <br />decided to t~e matters inro their <br />own hands by p~sing ~ ~plosive <br />piece of legislation that required <br />broader disclosure of information <br />about properw t~es. ~ming in <br />· e same era ~ the C~ifornia t~- <br />payers' revolr and its resulting <br />Proposition 13, ~d the petition- <br />driven "Tax Payer's Bill of ~ghts" <br />(T~OR), Constitution~ ~end- <br />ment in Colorado, %x~' "%uth in <br />T~ation" (TNT) movement w~ <br />intended to force ~ disclosure of <br />the proper~ t~ process ~d m~e it <br />more acc~sible to ~e cidzen~. <br /> The legislation m~dated a series <br />of notices inrended to provide <br />t~payers with a comparison of <br />properW t~ burden from year to <br />year. The legislation attempted to <br />clari~ the relationship be~een <br />consecutive t~ ye~s, ~lowing for <br />only a three percent flat rate adjust- <br /> <br /> ~:& ~..~_ for inflated <br /> ment <br /> ~ values, and <br /> property <br /> x giving the taxing enti- <br /> ~'~I ty only the same <br /> amount of property <br /> tax revenue as was collected in the <br /> prior year, with some exceptions. <br /> The wording of the required <br />notices, which suggested that numer- <br />ous votes had been taken regarding <br />"tax increases," was confusing and <br />led to inclusion of similarly worded <br />notices by each taxing entity telling <br />taxpayers that the other notice <br />didn't mean anything. Dueling half- <br />page advertisements would appear <br />in newspapers of general circula- <br />tion, one containing the statutory <br />notice, and the other encouraging <br />taxpayers to ignore it and become <br />more informed by attending meet- <br />ings relating to the adoption of the <br />tax rate. The legislation assumed an <br />uninformed citizenry, one that <br />needed to be reminded (in spite of <br />local charter requirements for dis- <br />dosure, public hearings, and open <br />budget work sessions) that they had <br />a duty beyond the election of their <br />public officials. They had to also <br />watch the purse strings dosely, to <br />ensure that iii-gotten wealth not be <br />accumulated. <br /> <br /> One of the early technical fallacies <br /> of this theory 5vas that costs for goods <br /> and services inflated at a rate no <br /> greater than that of property <br /> values, or that inflation would be no <br /> more than three percent (the statuto- <br /> rily allowed threshold). Even today, <br /> many taxing entities will target a tax <br /> rate increase of 2.99 percent to avoid <br /> even the minimum notice and hear- <br /> ing requirements. In addition, the for- <br /> mulas assumed that values only go up, <br /> and that costs of goods and services <br /> only rise relative to property value. <br /> Some of the early problems with these <br /> stamtorily-mandated equations were <br /> the simultaneous plmmmeting prop- <br /> erty values and soaring energy costs of <br /> the 70s and 80s. <br /> The controlling element of TNT <br />is Chapter 26 of the Property Tax <br />Code. An excellent explanation of <br />the requirements and mechanics for <br />TNT can be found on the Internet, <br />on a site maintained by rhe state <br />comptroller's office (www. window. <br />state.tx, us/taxin fo/proptax/mt00/ <br />index, html). Much of what is dis- <br />cussed in the balance oF this article <br />is extractcd from these two source <br />documents with specific focus on <br />those directly affecting cities as the <br />taxing units. <br /> <br /> <br />