No more nap over tax cap flap
by David Benzion · 05/01/2006 5:51 amRemember the legal showdown between Mayor White and tax-limitation activists over Props’ 1 and 2?
Reality seems about to intrude:
To the surprise of city officials, Houston’s tax revenue and other income is approaching the voter-approved Proposition 2 revenue cap that the city still is fighting in court.
The city had expected to stay under the cap in its current fiscal year, which ends June 30. Mayor Bill White acknowledged over the weekend, however, that unanticipated spikes in sales and property tax collections could bring the total close to the cap.
If revenues exceed the cap by more than $10 million, the measure approved by voters in 2004 calls for a rebate to taxpayers. [snip]
The city contends that it only has to enforce Proposition 1 because it passed with more votes than Proposition 2, and the two measures are contradictory.
Proposition 2 supporters challenged that position in court, and state District Court Judge Tad Halbach issued a summary judgment in January saying the city must enforce both measures. The city is appealing the ruling.
Because the decision is on appeal, it’s unclear whether the city is legally obligated to enforce the Proposition 2 tax cap this year, White said. But the measure’s supporters say they expect the city to comply.
"If they fail to, I can promise you we’ll bring proceedings," said Andy Taylor, lawyer for Proposition 2 sponsors.
[Courtesy Mr. Feldstein of the Houston Chronicle]
(Pssst– Trust me, he will.)
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Can I pick which laws I want to follow? I don’t really like those pesky income tax and personal property tax laws out there.
This is the same tax and spend, limousine liberal that so many of you folks voted for, AGAIN!
Suckers!!!!!!!!!!!
I’ve been around enough to know that IF by some strange coincidence the revenues exceed the cap by more than $10 million, some city accountant or firm will figure a way not to include X amount of revenues that would put them over the hump. There will NEVER be a rebate.