|
|
|
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. |