Texas 2009 - 81st Regular

Texas House Bill HB3655 Compare Versions

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

Old	New	Differences
1	1	81R11561 JD-F
2	2	By: Bohac H.B. No. 3655
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an adjustment to the taxable value of property in a
8	8	school district in the comptroller's annual property value study as
9	9	a result of a determination by an appraisal review board of a
10	10	taxpayer protest on the ground of unequal appraisal.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 403.302(d), Government Code, is amended
13	13	to read as follows:
14	14	(d) For the purposes of this section, "taxable value" means
15	15	the market value of all taxable property less:
16	16	(1) the total dollar amount of any residence homestead
17	17	exemptions lawfully granted under Section 11.13(b) or (c), Tax
18	18	Code, in the year that is the subject of the study for each school
19	19	district;
20	20	(2) one-half of the total dollar amount of any
21	21	residence homestead exemptions granted under Section 11.13(n), Tax
22	22	Code, in the year that is the subject of the study for each school
23	23	district;
24	24	(3) the total dollar amount of any exemptions granted
25	25	before May 31, 1993, within a reinvestment zone under agreements
26	26	authorized by Chapter 312, Tax Code;
27	27	(4) subject to Subsection (e), the total dollar amount
28	28	of any captured appraised value of property that:
29	29	(A) is within a reinvestment zone created on or
30	30	before May 31, 1999, or is proposed to be included within the
31	31	boundaries of a reinvestment zone as the boundaries of the zone and
32	32	the proposed portion of tax increment paid into the tax increment
33	33	fund by a school district are described in a written notification
34	34	provided by the municipality or the board of directors of the zone
35	35	to the governing bodies of the other taxing units in the manner
36	36	provided by Section 311.003(e), Tax Code, before May 31, 1999, and
37	37	within the boundaries of the zone as those boundaries existed on
38	38	September 1, 1999, including subsequent improvements to the
39	39	property regardless of when made;
40	40	(B) generates taxes paid into a tax increment
41	41	fund created under Chapter 311, Tax Code, under a reinvestment zone
42	42	financing plan approved under Section 311.011(d), Tax Code, on or
43	43	before September 1, 1999; and
44	44	(C) is eligible for tax increment financing under
45	45	Chapter 311, Tax Code;
46	46	(5) for a school district for which a deduction from
47	47	taxable value is made under Subdivision (4), an amount equal to the
48	48	taxable value required to generate revenue when taxed at the school
49	49	district's current tax rate in an amount that, when added to the
50	50	taxes of the district paid into a tax increment fund as described by
51	51	Subdivision (4)(B), is equal to the total amount of taxes the
52	52	district would have paid into the tax increment fund if the district
53	53	levied taxes at the rate the district levied in 2005;
54	54	(6) the total dollar amount of any captured appraised
55	55	value of property that:
56	56	(A) is within a reinvestment zone:
57	57	(i) created on or before December 31, 2008,
58	58	by a municipality with a population of less than 18,000; and
59	59	(ii) the project plan for which includes
60	60	the alteration, remodeling, repair, or reconstruction of a
61	61	structure that is included on the National Register of Historic
62	62	Places and requires that a portion of the tax increment of the zone
63	63	be used for the improvement or construction of related facilities
64	64	or for affordable housing;
65	65	(B) generates school district taxes that are paid
66	66	into a tax increment fund created under Chapter 311, Tax Code; and
67	67	(C) is eligible for tax increment financing under
68	68	Chapter 311, Tax Code;
69	69	(7) the total dollar amount of any exemptions granted
70	70	under Section 11.251 or 11.253, Tax Code;
71	71	(8) the difference between the comptroller's estimate
72	72	of the market value and the productivity value of land that
73	73	qualifies for appraisal on the basis of its productive capacity,
74	74	except that the productivity value estimated by the comptroller may
75	75	not exceed the fair market value of the land;
76	76	(9) the portion of the appraised value of residence
77	77	homesteads of individuals who receive a tax limitation under
78	78	Section 11.26, Tax Code, on which school district taxes are not
79	79	imposed in the year that is the subject of the study, calculated as
80	80	if the residence homesteads were appraised at the full value
81	81	required by law;
82	82	(10) a portion of the market value of property not
83	83	otherwise fully taxable by the district at market value because of:
84	84	(A) action required by statute or the
85	85	constitution of this state that, if the tax rate adopted by the
86	86	district is applied to it, produces an amount equal to the
87	87	difference between the tax that the district would have imposed on
88	88	the property if the property were fully taxable at market value and
89	89	the tax that the district is actually authorized to impose on the
90	90	property, if this subsection does not otherwise require that
91	91	portion to be deducted; or
92	92	(B) action taken by the district under Subchapter
93	93	B or C, Chapter 313, Tax Code;
94	94	(11) the market value of all tangible personal
95	95	property, other than manufactured homes, owned by a family or
96	96	individual and not held or used for the production of income;
97	97	(12) the appraised value of property the collection of
98	98	delinquent taxes on which is deferred under Section 33.06, Tax
99	99	Code;
100	100	(13) the portion of the appraised value of property
101	101	the collection of delinquent taxes on which is deferred under
102	102	Section 33.065, Tax Code; [and]
103	103	(14) the amount by which the market value of a
104	104	residence homestead to which Section 23.23, Tax Code, applies
105	105	exceeds the appraised value of that property as calculated under
106	106	that section; and
107	107	(15) the total dollar amount of any adjustments
108	108	resulting from protests on the ground of unequal appraisal
109	109	determined under Section 41.43, Tax Code.
110	110	SECTION 2. The change in law made by this Act applies only
111	111	to the annual study conducted under Section 403.302, Government
112	112	Code, as amended by this Act, to determine taxable value for a tax
113	113	year that begins on or after January 1, 2009. The annual study to
114	114	determine taxable value for a tax year that begins before that date
115	115	is covered by the law in effect immediately before the effective
116	116	date of this Act, and the prior law is continued in effect for that
117	117	purpose.
118	118	SECTION 3. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2009.