Texas 2009 - 81st Regular

Texas House Bill HB209 Compare Versions

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

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1	1	By: Bohac H.B. No. 209
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the determination of the appraised value of a residence
7	7	homestead for ad valorem taxation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 23.23(a), Tax Code, is amended to read as
10	10	follows:
11	11	(a) Except as provided by [Notwithstanding the requirements
12	12	of] Section 25.18 [and regardless of whether the appraisal office
13	13	has appraised the property and determined the market value of the
14	14	property for the tax year], an appraisal office may increase the
15	15	appraised value of a residence homestead for a tax year to an amount
16	16	not to exceed the lesser of:
17	17	(1) the market value of the property for the most
18	18	recent tax year that the market value was determined by the
19	19	appraisal office; or
20	20	(2) the sum of:
21	21	(A) 10 percent of the appraised value of the
22	22	property for the preceding tax year;
23	23	(B) the appraised value of the property for the
24	24	preceding tax year; and
25	25	(C) the market value of all new improvements to
26	26	the property.
27	27	SECTION 2. Section 25.18, Tax Code, is amended by amending
28	28	Subsection (b) and adding Subsections (b-1), (b-2), and (b-3) to
29	29	read as follows:
30	30	(b) The plan shall provide for the following reappraisal
31	31	activities for all real and personal property in the district at
32	32	least once every three years, except as provided by Subsections
33	33	(b-1), (b-2), and (b-3):
34	34	(1) identifying properties to be appraised through
35	35	physical inspection or by other reliable means of identification,
36	36	including deeds or other legal documentation, aerial photographs,
37	37	land-based photographs, surveys, maps, and property sketches;
38	38	(2) identifying and updating relevant characteristics
39	39	of each property in the appraisal records;
40	40	(3) defining market areas in the district;
41	41	(4) identifying property characteristics that affect
42	42	property value in each market area, including:
43	43	(A) the location and market area of property;
44	44	(B) physical attributes of property, such as
45	45	size, age, and condition;
46	46	(C) legal and economic attributes; and
47	47	(D) easements, covenants, leases, reservations,
48	48	contracts, declarations, special assessments, ordinances, or legal
49	49	restrictions;
50	50	(5) developing an appraisal model that reflects the
51	51	relationship among the property characteristics affecting value in
52	52	each market area and determines the contribution of individual
53	53	property characteristics;
54	54	(6) applying the conclusions reflected in the model to
55	55	the characteristics of the properties being appraised; and
56	56	(7) reviewing the appraisal results to determine
57	57	value.
58	58	(b-1) The plan shall provide for the reappraisal of a
59	59	residence homestead not more often than once every two years. The
60	60	appraised value of a residence homestead may not be increased for a
61	61	tax year in which the property is not appraised.
62	62	(b-2) Subsection (b-1) does not apply to the appraisal of a
63	63	residence homestead in the tax year in which a limitation on
64	64	appraised value under Section 23.23(a) expires.
65	65	(b-3) Notwithstanding Subsection (b-1), at any time during
66	66	a tax year before the date the chief appraiser certifies the
67	67	appraisal roll for the appraisal district, an owner of a residence
68	68	homestead is entitled to a reappraisal of the owner's residence
69	69	homestead for that year on written request delivered to the chief
70	70	appraiser.
71	71	SECTION 3. Section 403.302(d), Government Code, is amended
72	72	to read as follows:
73	73	(d) For the purposes of this section, "taxable value" means
74	74	the market value of all taxable property less:
75	75	(1) the total dollar amount of any residence homestead
76	76	exemptions lawfully granted under Section 11.13(b) or (c), Tax
77	77	Code, in the year that is the subject of the study for each school
78	78	district;
79	79	(2) one-half of the total dollar amount of any
80	80	residence homestead exemptions granted under Section 11.13(n), Tax
81	81	Code, in the year that is the subject of the study for each school
82	82	district;
83	83	(3) the total dollar amount of any exemptions granted
84	84	before May 31, 1993, within a reinvestment zone under agreements
85	85	authorized by Chapter 312, Tax Code;
86	86	(4) subject to Subsection (e), the total dollar amount
87	87	of any captured appraised value of property that:
88	88	(A) is within a reinvestment zone created on or
89	89	before May 31, 1999, or is proposed to be included within the
90	90	boundaries of a reinvestment zone as the boundaries of the zone and
91	91	the proposed portion of tax increment paid into the tax increment
92	92	fund by a school district are described in a written notification
93	93	provided by the municipality or the board of directors of the zone
94	94	to the governing bodies of the other taxing units in the manner
95	95	provided by Section 311.003(e), Tax Code, before May 31, 1999, and
96	96	within the boundaries of the zone as those boundaries existed on
97	97	September 1, 1999, including subsequent improvements to the
98	98	property regardless of when made;
99	99	(B) generates taxes paid into a tax increment
100	100	fund created under Chapter 311, Tax Code, under a reinvestment zone
101	101	financing plan approved under Section 311.011(d), Tax Code, on or
102	102	before September 1, 1999; and
103	103	(C) is eligible for tax increment financing under
104	104	Chapter 311, Tax Code;
105	105	(5) for a school district for which a deduction from
106	106	taxable value is made under Subdivision (4), an amount equal to the
107	107	taxable value required to generate revenue when taxed at the school
108	108	district's current tax rate in an amount that, when added to the
109	109	taxes of the district paid into a tax increment fund as described by
110	110	Subdivision (4)(B), is equal to the total amount of taxes the
111	111	district would have paid into the tax increment fund if the district
112	112	levied taxes at the rate the district levied in 2005;
113	113	(6) the total dollar amount of any captured appraised
114	114	value of property that:
115	115	(A) is within a reinvestment zone:
116	116	(i) created on or before December 31, 2008,
117	117	by a municipality with a population of less than 18,000; and
118	118	(ii) the project plan for which includes
119	119	the alteration, remodeling, repair, or reconstruction of a
120	120	structure that is included on the National Register of Historic
121	121	Places and requires that a portion of the tax increment of the zone
122	122	be used for the improvement or construction of related facilities
123	123	or for affordable housing;
124	124	(B) generates school district taxes that are paid
125	125	into a tax increment fund created under Chapter 311, Tax Code; and
126	126	(C) is eligible for tax increment financing under
127	127	Chapter 311, Tax Code;
128	128	(7) the total dollar amount of any exemptions granted
129	129	under Section 11.251 or 11.253, Tax Code;
130	130	(8) the difference between the comptroller's estimate
131	131	of the market value and the productivity value of land that
132	132	qualifies for appraisal on the basis of its productive capacity,
133	133	except that the productivity value estimated by the comptroller may
134	134	not exceed the fair market value of the land;
135	135	(9) the portion of the appraised value of residence
136	136	homesteads of individuals who receive a tax limitation under
137	137	Section 11.26, Tax Code, on which school district taxes are not
138	138	imposed in the year that is the subject of the study, calculated as
139	139	if the residence homesteads were appraised at the full value
140	140	required by law;
141	141	(10) a portion of the market value of property not
142	142	otherwise fully taxable by the district at market value because of:
143	143	(A) action required by statute or the
144	144	constitution of this state that, if the tax rate adopted by the
145	145	district is applied to it, produces an amount equal to the
146	146	difference between the tax that the district would have imposed on
147	147	the property if the property were fully taxable at market value and
148	148	the tax that the district is actually authorized to impose on the
149	149	property, if this subsection does not otherwise require that
150	150	portion to be deducted; or
151	151	(B) action taken by the district under Subchapter
152	152	B or C, Chapter 313, Tax Code;
153	153	(11) the market value of all tangible personal
154	154	property, other than manufactured homes, owned by a family or
155	155	individual and not held or used for the production of income;
156	156	(12) the appraised value of property the collection of
157	157	delinquent taxes on which is deferred under Section 33.06, Tax
158	158	Code;
159	159	(13) the portion of the appraised value of property
160	160	the collection of delinquent taxes on which is deferred under
161	161	Section 33.065, Tax Code; [and]
162	162	(14) the amount by which the market value of a
163	163	residence homestead to which Section 23.23, Tax Code, applies
164	164	exceeds the appraised value of that property as calculated under
165	165	that section; and
166	166	(15) the amount by which the market value of a
167	167	residence homestead to which Section 25.18(b-1), Tax Code, applies
168	168	exceeds the appraised value of that property because of the
169	169	application of Section 25.18(b-1).
170	170	SECTION 4. This Act applies only to the determination of the
171	171	appraised value of a residence homestead for ad valorem taxation
172	172	for a tax year that begins on or after the effective date of this
173	173	Act.
174	174	SECTION 5. This Act takes effect January 1, 2010.