84R7163 TJB-F
 
  By: Turner of Harris H.B. No. 1518
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the governing body of a taxing unit to
  adopt a local option residence homestead exemption from ad valorem
  taxation of a portion, expressed as a dollar amount, of the
  appraised value of an individual's residence homestead.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.13(n), Tax Code, is amended to read as
  follows:
         (n)  The [In addition to any other exemptions provided by
  this section, an individual is entitled to an exemption from
  taxation by a taxing unit of a percentage of the appraised value of
  his residence homestead if the exemption is adopted by the]
  governing body of a [the] taxing unit, [before July 1] in the manner
  provided by law for official action by the body, may adopt an
  exemption from taxation by the taxing unit of either a percentage of
  the appraised value of an individual's residence homestead or a
  portion, expressed as a dollar amount, of the appraised value of an
  individual's residence homestead, but not both. The exemption must
  be adopted by the governing body before July 1 of the tax year in
  which the exemption applies. If the governing body adopts a
  percentage exemption and the percentage set by the body [taxing
  unit] produces an exemption in a tax year of less than $5,000 when
  applied to a particular residence homestead, the individual is
  entitled to an exemption of $5,000 of the appraised value. A [The]
  percentage exemption adopted by the governing body [taxing unit]
  may not exceed 20 percent. If the governing body adopts an
  exemption of a portion, expressed as a dollar amount, of the
  appraised value of a residence homestead, the amount of the
  exemption in a tax year may not be less than $5,000. An individual
  is entitled to an exemption adopted under this subsection in
  addition to any other exemptions provided by this section.
         SECTION 2.  Section 42.2516(f-1), Education Code, is amended
  to read as follows:
         (f-1)  The commissioner shall, in accordance with rules
  adopted by the commissioner, adjust the amount of a school
  district's local revenue derived from maintenance and operations
  tax collections, as calculated for purposes of determining the
  amount of state revenue to which the district is entitled under this
  section, if the district, for the 2010 tax year or a subsequent tax
  year:
               (1)  adopts a percentage [an] exemption under Section
  11.13(n), Tax Code, that was not in effect for the 2009 tax year, or
  eliminates an exemption under Section 11.13(n), Tax Code, that was
  in effect for the 2009 tax year;
               (2)  adopts a percentage [an] exemption under Section
  11.13(n), Tax Code, at a greater or lesser percentage than the
  percentage in effect for the district for the 2009 tax year;
               (3)  grants an exemption under an agreement authorized
  by Chapter 312, Tax Code, that was not in effect for the 2009 tax
  year, or ceases to grant an exemption authorized by that chapter
  that was in effect for the 2009 tax year; or
               (4)  agrees to deposit taxes into a tax increment fund
  created under Chapter 311, Tax Code, under a reinvestment zone
  financing plan that was not in effect for the 2009 tax year, or
  ceases depositing taxes into a tax increment fund created under
  that chapter under a reinvestment zone financing plan that was in
  effect for the 2009 tax year.
         SECTION 3.  Section 403.302(d), Government Code, is amended
  to read as follows:
         (d)  For the purposes of this section, "taxable value" means
  the market value of all taxable property less:
               (1)  the total dollar amount of any residence homestead
  exemptions lawfully granted under Section 11.13(b) or (c), Tax
  Code, in the year that is the subject of the study for each school
  district;
               (2)  one-half of the total dollar amount of any
  residence homestead percentage exemptions granted under Section
  11.13(n), Tax Code, in the year that is the subject of the study for
  each school district;
               (3)  the total dollar amount of any exemptions granted
  before May 31, 1993, within a reinvestment zone under agreements
  authorized by Chapter 312, Tax Code;
               (4)  subject to Subsection (e), the total dollar amount
  of any captured appraised value of property that:
                     (A)  is within a reinvestment zone created on or
  before May 31, 1999, or is proposed to be included within the
  boundaries of a reinvestment zone as the boundaries of the zone and
  the proposed portion of tax increment paid into the tax increment
  fund by a school district are described in a written notification
  provided by the municipality or the board of directors of the zone
  to the governing bodies of the other taxing units in the manner
  provided by former Section 311.003(e), Tax Code, before May 31,
  1999, and within the boundaries of the zone as those boundaries
  existed on September 1, 1999, including subsequent improvements to
  the property regardless of when made;
                     (B)  generates taxes paid into a tax increment
  fund created under Chapter 311, Tax Code, under a reinvestment zone
  financing plan approved under Section 311.011(d), Tax Code, on or
  before September 1, 1999; and
                     (C)  is eligible for tax increment financing under
  Chapter 311, Tax Code;
               (5)  the total dollar amount of any captured appraised
  value of property that:
                     (A)  is within a reinvestment zone:
                           (i)  created on or before December 31, 2008,
  by a municipality with a population of less than 18,000; and
                           (ii)  the project plan for which includes
  the alteration, remodeling, repair, or reconstruction of a
  structure that is included on the National Register of Historic
  Places and requires that a portion of the tax increment of the zone
  be used for the improvement or construction of related facilities
  or for affordable housing;
                     (B)  generates school district taxes that are paid
  into a tax increment fund created under Chapter 311, Tax Code; and
                     (C)  is eligible for tax increment financing under
  Chapter 311, Tax Code;
               (6)  the total dollar amount of any exemptions granted
  under Section 11.251 or 11.253, Tax Code;
               (7)  the difference between the comptroller's estimate
  of the market value and the productivity value of land that
  qualifies for appraisal on the basis of its productive capacity,
  except that the productivity value estimated by the comptroller may
  not exceed the fair market value of the land;
               (8)  the portion of the appraised value of residence
  homesteads of individuals who receive a tax limitation under
  Section 11.26, Tax Code, on which school district taxes are not
  imposed in the year that is the subject of the study, calculated as
  if the residence homesteads were appraised at the full value
  required by law;
               (9)  a portion of the market value of property not
  otherwise fully taxable by the district at market value because of:
                     (A)  action required by statute or the
  constitution of this state[, other than Section 11.311, Tax Code,]
  that, if the tax rate adopted by the district is applied to it,
  produces an amount equal to the difference between the tax that the
  district would have imposed on the property if the property were
  fully taxable at market value and the tax that the district is
  actually authorized to impose on the property, if this subsection
  does not otherwise require that portion to be deducted; or
                     (B)  action taken by the district under Subchapter
  B or C, Chapter 313, Tax Code, before the expiration of the
  subchapter;
               (10)  the market value of all tangible personal
  property, other than manufactured homes, owned by a family or
  individual and not held or used for the production of income;
               (11)  the appraised value of property the collection of
  delinquent taxes on which is deferred under Section 33.06, Tax
  Code;
               (12)  the portion of the appraised value of property
  the collection of delinquent taxes on which is deferred under
  Section 33.065, Tax Code; and
               (13)  the amount by which the market value of a
  residence homestead to which Section 23.23, Tax Code, applies
  exceeds the appraised value of that property as calculated under
  that section.
         SECTION 4.  This Act applies only to ad valorem taxes imposed
  for a tax year that begins on or after the effective date of this
  Act.
         SECTION 5.  This Act takes effect January 1, 2016, but only
  if the constitutional amendment proposed by the 84th Legislature,
  Regular Session, 2015, authorizing the governing body of a
  political subdivision to adopt a local option residence homestead
  exemption from ad valorem taxation of a portion, expressed as a
  dollar amount, of the market value of an individual's residence
  homestead is approved by the voters. If that amendment is not
  approved by the voters, this Act has no effect.