Texas House Bill HB40

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 5/7/23
• Voted on by House: 5/12/23

Caption

Relating to the authority of a county commissioners court to adopt an exemption from ad valorem taxation by each taxing unit that taxes the property of the portion of the appraised value of a person's property that is attributable to the installation in or on the property of certain water conservation systems.

Impact

The bill has the potential to influence state laws regarding property taxation, particularly in relation to environmental conservation efforts. By providing exemptions from property tax for investments in water conservation systems, HB40 seeks to facilitate local governments’ capabilities to manage these tax exemptions effectively. This legislative move aligns with broader goals to promote ecological responsibility and effective water usage within the state, particularly relevant in regions experiencing water scarcity.

Summary

House Bill 40 aims to empower county commissioners in Texas to adopt exemptions from ad valorem taxation for properties that install water conservation systems, particularly rainwater harvesting and graywater systems. The intent of the bill is to encourage property owners to invest in sustainable water conservation technologies without facing increased tax burdens. If passed, it will allow local jurisdictions to incentivize water-efficient practices that can benefit the environment and contribute to long-term water sustainability efforts in Texas.

Sentiment

The sentiment surrounding HB40 appears to lean positively among supporters, who recognize its significance in enhancing water conservation practices. Proponents argue that it would alleviate financial pressures on property owners choosing to adopt environmentally friendly technologies. However, some concerns have been raised regarding the implications of tax exemptions for local government revenue and the equitable distribution of environmental benefits across communities. Nevertheless, discussions indicate a general agreement on the need for encouraging investments in sustainable practices.

Contention

Debates earlier in the legislative process noted some contention about the financial implications of such tax exemptions on local communities. Critics voiced concerns that while the bill aims to promote sustainability, it could potentially reduce the tax revenue that local governments rely on for funding essential services. Furthermore, discussions among various stakeholders underscored the importance of having a balanced approach to incentivizing private investment in water conservation without compromising essential municipal services funded by property taxes.

Texas Constitutional Statutes Affected

Tax Code

• Chapter 11. Taxable Property And Exemptions
  • Section: New Section
  • Section: New Section
  • Section: New Section

Health And Safety Code

• Chapter 341. Minimum Standards Of Sanitation And Health Protection Measures
  • Section: 039
  • Section: 039