Texas 2009 - 81st Regular

Texas House Bill HB1651 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9605 JE-D
2	2	By: Swinford H.B. No. 1651
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expiration of certain parts of the Texas Economic
8	8	Development Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 313.007, Tax Code, is amended to read as
11	11	follows:
12	12	Sec. 313.007. EXPIRATION. Subchapters B, C, and D expire
13	13	December 31, 2015 [2011].
14	14	SECTION 2. Section 403.302(d), Government Code, is amended
15	15	to read as follows:
16	16	(d) For the purposes of this section, "taxable value" means
17	17	the market value of all taxable property less:
18	18	(1) the total dollar amount of any residence homestead
19	19	exemptions lawfully granted under Section 11.13(b) or (c), Tax
20	20	Code, in the year that is the subject of the study for each school
21	21	district;
22	22	(2) one-half of the total dollar amount of any
23	23	residence homestead exemptions granted under Section 11.13(n), Tax
24	24	Code, in the year that is the subject of the study for each school
25	25	district;
26	26	(3) the total dollar amount of any exemptions granted
27	27	before May 31, 1993, within a reinvestment zone under agreements
28	28	authorized by Chapter 312, Tax Code;
29	29	(4) subject to Subsection (e), the total dollar amount
30	30	of any captured appraised value of property that:
31	31	(A) is within a reinvestment zone created on or
32	32	before May 31, 1999, or is proposed to be included within the
33	33	boundaries of a reinvestment zone as the boundaries of the zone and
34	34	the proposed portion of tax increment paid into the tax increment
35	35	fund by a school district are described in a written notification
36	36	provided by the municipality or the board of directors of the zone
37	37	to the governing bodies of the other taxing units in the manner
38	38	provided by Section 311.003(e), Tax Code, before May 31, 1999, and
39	39	within the boundaries of the zone as those boundaries existed on
40	40	September 1, 1999, including subsequent improvements to the
41	41	property regardless of when made;
42	42	(B) generates taxes paid into a tax increment
43	43	fund created under Chapter 311, Tax Code, under a reinvestment zone
44	44	financing plan approved under Section 311.011(d), Tax Code, on or
45	45	before September 1, 1999; and
46	46	(C) is eligible for tax increment financing under
47	47	Chapter 311, Tax Code;
48	48	(5) for a school district for which a deduction from
49	49	taxable value is made under Subdivision (4), an amount equal to the
50	50	taxable value required to generate revenue when taxed at the school
51	51	district's current tax rate in an amount that, when added to the
52	52	taxes of the district paid into a tax increment fund as described by
53	53	Subdivision (4)(B), is equal to the total amount of taxes the
54	54	district would have paid into the tax increment fund if the district
55	55	levied taxes at the rate the district levied in 2005;
56	56	(6) the total dollar amount of any captured appraised
57	57	value of property that:
58	58	(A) is within a reinvestment zone:
59	59	(i) created on or before December 31, 2008,
60	60	by a municipality with a population of less than 18,000; and
61	61	(ii) the project plan for which includes
62	62	the alteration, remodeling, repair, or reconstruction of a
63	63	structure that is included on the National Register of Historic
64	64	Places and requires that a portion of the tax increment of the zone
65	65	be used for the improvement or construction of related facilities
66	66	or for affordable housing;
67	67	(B) generates school district taxes that are paid
68	68	into a tax increment fund created under Chapter 311, Tax Code; and
69	69	(C) is eligible for tax increment financing under
70	70	Chapter 311, Tax Code;
71	71	(7) the total dollar amount of any exemptions granted
72	72	under Section 11.251 or 11.253, Tax Code;
73	73	(8) the difference between the comptroller's estimate
74	74	of the market value and the productivity value of land that
75	75	qualifies for appraisal on the basis of its productive capacity,
76	76	except that the productivity value estimated by the comptroller may
77	77	not exceed the fair market value of the land;
78	78	(9) the portion of the appraised value of residence
79	79	homesteads of individuals who receive a tax limitation under
80	80	Section 11.26, Tax Code, on which school district taxes are not
81	81	imposed in the year that is the subject of the study, calculated as
82	82	if the residence homesteads were appraised at the full value
83	83	required by law;
84	84	(10) a portion of the market value of property not
85	85	otherwise fully taxable by the district at market value because of:
86	86	(A) action required by statute or the
87	87	constitution of this state that, if the tax rate adopted by the
88	88	district is applied to it, produces an amount equal to the
89	89	difference between the tax that the district would have imposed on
90	90	the property if the property were fully taxable at market value and
91	91	the tax that the district is actually authorized to impose on the
92	92	property, if this subsection does not otherwise require that
93	93	portion to be deducted; or
94	94	(B) action taken by the district under Subchapter
95	95	B or C, Chapter 313, Tax Code, before the expiration of the
96	96	subchapter;
97	97	(11) the market value of all tangible personal
98	98	property, other than manufactured homes, owned by a family or
99	99	individual and not held or used for the production of income;
100	100	(12) the appraised value of property the collection of
101	101	delinquent taxes on which is deferred under Section 33.06, Tax
102	102	Code;
103	103	(13) the portion of the appraised value of property
104	104	the collection of delinquent taxes on which is deferred under
105	105	Section 33.065, Tax Code; and
106	106	(14) the amount by which the market value of a
107	107	residence homestead to which Section 23.23, Tax Code, applies
108	108	exceeds the appraised value of that property as calculated under
109	109	that section.
110	110	SECTION 3. This Act takes effect September 1, 2009.