81R30842 JE-D
By: Eiland, et al. H.B. No. 1283
A BILL TO BE ENTITLED
AN ACT
relating to installment payments of ad valorem taxes on property in
a disaster area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.032, Tax Code, is amended by amending
Subsections (a) and (c) and adding Subsection (h) to read as
follows:
(a) This section applies only to:
(1) real property that:
(A) [is the residence homestead of the owner or
consists of property that is used for residential purposes and that
has fewer than five living units;
[(B)] is located in a disaster area; [and]
(B) [(C)] has been damaged as a direct result of
the disaster; and
(C) if the property is owned or leased by a
business entity, is owned or leased by a business entity that had
not more than the amount provided by Subsection (h) in gross
receipts in the entity's most recent federal tax year or state
franchise tax annual period, according to the applicable federal
income tax return or state franchise tax report of the entity; and
(2) taxes that are imposed on the property by a taxing
unit before the first anniversary of the disaster.
(c) If the person fails to make a payment before the
applicable date provided by Subsection (b), the unpaid amount is
delinquent and incurs a penalty of six [12] percent and interest as
provided by Section 33.01(c).
(h) For the 2009 tax year, the limit on gross receipts under
Subsection (a)(1)(C) is $5 million. For each subsequent tax year,
the comptroller shall adjust the limit to reflect inflation by
using the index that the comptroller considers to most accurately
report changes in the purchasing power of the dollar for consumers
in this state and shall publicize the adjusted limit. Each
collector shall use the adjusted limit as calculated by the
comptroller under this subsection to determine whether property is
owned or leased by a business entity described by Subsection
(a)(1)(C).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.