TRAVIS COUNTY, Texas (KXAN) -- After devastating flash floods hit parts of Travis County over the Fourth of July weekend, the county is considering raising your property taxes to help pay for the damage and prepare for future disasters.
But should Travis County Commissioners sign off on that special tax rate Tuesday, one group of taxpayers, including a Lago Vista city council member, say they are likely to take legal action. They don't believe the county is allowed to use that funding -- which doesn't need to be approved by voters -- to pay for anything other than the immediate flood response.
Travis County judge talks property tax rate, budget and flood recoveryUnder state law, if a taxing unit — in this case the county — is in an area declared a disaster by the governor “and increased revenue is needed to respond to the disaster, the taxing unit is not required to hold an election to approve the tax rate in the year following the year in which a disaster occurs,” according to the comptroller.
Travis County is considering a special taxing unit at 8% — instead of the 3.5% voter approval rate. According to staff, that would allow the county to bring in $42 million in additional funding to go into a disaster response special reserve fund.
‘The question is close’: Tax rate election lawsuit shut down by Texas Supreme CourtFor the “average taxable homestead,” the county would tack $200.64 additional to your property tax bill next fiscal year, according to staff. Of that, $71.66 is the portion that’s related to the disaster declaration. That would be one-time funding, not recurring year after year.
Travis County Judge Andy Brown said the county has already put significant money toward debris removal and road and bridge repairs after the July floods. The county has already drained it's emergency reserve fund while responding, Brown said.
Brown was asked by KXAN what would happen if the county did not move forward with that higher tax rate:
"It would put us in a very bad position. We have the benefit this time of the state being willing to help us, of us having money in reserves to spend money on bridges and the reconstruction as needed, if we did not have that money in the future we really would be stuck," Brown said on an episode of Inside Austin's Agenda.
But the city of Lago Vista sent a letter to Travis County commissioners on Aug. 8, asking them to only collect what is required to respond to the flooding event. Some have questioned the legality of the county collecting funds to prepare for future disasters -- something the county judge confirmed was their intent.
“I think most citizens and most people who read the law, view that as, that is to respond to the disaster that occurred…I support planning for future disasters but you can’t use this trigger to skip the voters,” Lago Vista City Council Member Shane Saum said.
Saum also told KXAN he was considering legal action and local attorney Bill Aleshire -- who filed the lawsuit against the city of Austin over its tax rate election ballot language -- told KXAN he is prepared to represent Saum.
Plaintiffs will be Lago Vista Council Member (soon to be Mayor) Shane Saum and Jeff Bowen, former Austin Mayor candidate, both County taxpayers.
"My co-council will be David Brooks who literally wrote the book on county law, as the Author of Texas Practice on Municipal & County Law (Google it). As the former County Judge of Travis County it saddens me to have to sue the county," Aleshire told KXAN. "I expect them ignore the postponement request and dare us to sue. Bad vet on their part."
Travis County considering higher tax rate allowed after flooding disasterAleshire also asked the county to wait for an opinion from the Texas Attorney General to be produced. Just a few days ago, a request was filed by Senator Donna Campbell to AG Ken Paxton on the very issue. That request is still pending. You can read the request here.
"We understand that Tax Code §26.042 was designed to provide taxing units with flexibility to respond swiftly to the immediate financial demands of a declared disaster. However, the statute’s use as a mechanism to bypass voter approval in order to generate unrestricted reserves raises significant concerns regarding compliance with legislative intent and taxpayer protections," the request says.
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