Texas 2009 - 81st Regular

Texas House Bill HB637 Compare Versions

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1	1	81R15874 JD-D
2	2	By: Guillen, Pea H.B. No. 637
3	3	Substitute the following for H.B. No. 637:
4	4	By: Howard of Fort Bend C.S.H.B. No. 637
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of the governing body of a taxing unit to
10	10	adopt a local option residence homestead exemption from ad valorem
11	11	taxation of not less than $5,000 or more than $30,000.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 11.13(n), Tax Code, is amended to read as
14	14	follows:
15	15	(n) The [In addition to any other exemptions provided by
16	16	this section, an individual is entitled to an exemption from
17	17	taxation by a taxing unit of a percentage of the appraised value of
18	18	his residence homestead if the exemption is adopted by the]
19	19	governing body of a [the] taxing unit, [before July 1] in the manner
20	20	provided by law for official action by the body, may adopt an
21	21	exemption from taxation by the taxing unit of either a percentage of
22	22	the appraised value of an individual's residence homestead or a
23	23	portion of the appraised value of an individual's residence
24	24	homestead, but not both. The exemption must be adopted by the
25	25	governing body before July 1 of the tax year in which the exemption
26	26	applies. If the governing body adopts a percentage exemption and
27	27	the percentage set by the body [taxing unit] produces an exemption
28	28	in a tax year of less than $5,000 when applied to a particular
29	29	residence homestead, the individual is entitled to an exemption of
30	30	$5,000 of the appraised value. A [The] percentage exemption
31	31	adopted by the governing body [taxing unit] may not exceed 20
32	32	percent. If the governing body adopts an exemption of a portion of
33	33	the appraised value of a residence homestead, the amount of the
34	34	exemption in a tax year may not be less than $5,000 or more than
35	35	$30,000. An individual is entitled to an exemption adopted under
36	36	this subsection in addition to any other exemptions provided by
37	37	this section.
38	38	SECTION 2. Section 42.2516(f-1), Education Code, is amended
39	39	to read as follows:
40	40	(f-1) The commissioner shall, in accordance with rules
41	41	adopted by the commissioner, adjust the amount of a school
42	42	district's local revenue derived from maintenance and operations
43	43	tax collections, as calculated for purposes of determining the
44	44	amount of state revenue to which the district is entitled under this
45	45	section, if the district, for the 2007 tax year or a subsequent tax
46	46	year:
47	47	(1) adopts a percentage [an] exemption under Section
48	48	11.13(n), Tax Code, that was not in effect for the 2005 or 2006 tax
49	49	year, or eliminates an exemption under Section 11.13(n), Tax Code,
50	50	that was in effect for the 2005 or 2006 tax year;
51	51	(2) adopts a percentage [an] exemption under Section
52	52	11.13(n), Tax Code, at a greater or lesser percentage than the
53	53	percentage in effect for the district for the 2005 or 2006 tax year;
54	54	(3) grants an exemption under an agreement authorized
55	55	by Chapter 312, Tax Code, that was not in effect for the 2005 or 2006
56	56	tax year, or ceases to grant an exemption authorized by that chapter
57	57	that was in effect for the 2005 or 2006 tax year; or
58	58	(4) agrees to deposit taxes into a tax increment fund
59	59	created under Chapter 311, Tax Code, under a reinvestment zone
60	60	financing plan that was not in effect for the 2005 or 2006 tax year,
61	61	or ceases depositing taxes into a tax increment fund created under
62	62	that chapter under a reinvestment zone financing plan that was in
63	63	effect for the 2005 or 2006 tax year.
64	64	SECTION 3. Section 403.302(d), Government Code, is amended
65	65	to read as follows:
66	66	(d) For the purposes of this section, "taxable value" means
67	67	the market value of all taxable property less:
68	68	(1) the total dollar amount of any residence homestead
69	69	exemptions lawfully granted under Section 11.13(b) or (c), Tax
70	70	Code, in the year that is the subject of the study for each school
71	71	district;
72	72	(2) one-half of the total dollar amount of any
73	73	residence homestead percentage exemptions granted under Section
74	74	11.13(n), Tax Code, in the year that is the subject of the study for
75	75	each school district;
76	76	(3) the total dollar amount of any exemptions granted
77	77	before May 31, 1993, within a reinvestment zone under agreements
78	78	authorized by Chapter 312, Tax Code;
79	79	(4) subject to Subsection (e), the total dollar amount
80	80	of any captured appraised value of property that:
81	81	(A) is within a reinvestment zone created on or
82	82	before May 31, 1999, or is proposed to be included within the
83	83	boundaries of a reinvestment zone as the boundaries of the zone and
84	84	the proposed portion of tax increment paid into the tax increment
85	85	fund by a school district are described in a written notification
86	86	provided by the municipality or the board of directors of the zone
87	87	to the governing bodies of the other taxing units in the manner
88	88	provided by Section 311.003(e), Tax Code, before May 31, 1999, and
89	89	within the boundaries of the zone as those boundaries existed on
90	90	September 1, 1999, including subsequent improvements to the
91	91	property regardless of when made;
92	92	(B) generates taxes paid into a tax increment
93	93	fund created under Chapter 311, Tax Code, under a reinvestment zone
94	94	financing plan approved under Section 311.011(d), Tax Code, on or
95	95	before September 1, 1999; and
96	96	(C) is eligible for tax increment financing under
97	97	Chapter 311, Tax Code;
98	98	(5) for a school district for which a deduction from
99	99	taxable value is made under Subdivision (4), an amount equal to the
100	100	taxable value required to generate revenue when taxed at the school
101	101	district's current tax rate in an amount that, when added to the
102	102	taxes of the district paid into a tax increment fund as described by
103	103	Subdivision (4)(B), is equal to the total amount of taxes the
104	104	district would have paid into the tax increment fund if the district
105	105	levied taxes at the rate the district levied in 2005;
106	106	(6) the total dollar amount of any captured appraised
107	107	value of property that:
108	108	(A) is within a reinvestment zone:
109	109	(i) created on or before December 31, 2008,
110	110	by a municipality with a population of less than 18,000; and
111	111	(ii) the project plan for which includes
112	112	the alteration, remodeling, repair, or reconstruction of a
113	113	structure that is included on the National Register of Historic
114	114	Places and requires that a portion of the tax increment of the zone
115	115	be used for the improvement or construction of related facilities
116	116	or for affordable housing;
117	117	(B) generates school district taxes that are paid
118	118	into a tax increment fund created under Chapter 311, Tax Code; and
119	119	(C) is eligible for tax increment financing under
120	120	Chapter 311, Tax Code;
121	121	(7) the total dollar amount of any exemptions granted
122	122	under Section 11.251 or 11.253, Tax Code;
123	123	(8) the difference between the comptroller's estimate
124	124	of the market value and the productivity value of land that
125	125	qualifies for appraisal on the basis of its productive capacity,
126	126	except that the productivity value estimated by the comptroller may
127	127	not exceed the fair market value of the land;
128	128	(9) the portion of the appraised value of residence
129	129	homesteads of individuals who receive a tax limitation under
130	130	Section 11.26, Tax Code, on which school district taxes are not
131	131	imposed in the year that is the subject of the study, calculated as
132	132	if the residence homesteads were appraised at the full value
133	133	required by law;
134	134	(10) a portion of the market value of property not
135	135	otherwise fully taxable by the district at market value because of:
136	136	(A) action required by statute or the
137	137	constitution of this state that, if the tax rate adopted by the
138	138	district is applied to it, produces an amount equal to the
139	139	difference between the tax that the district would have imposed on
140	140	the property if the property were fully taxable at market value and
141	141	the tax that the district is actually authorized to impose on the
142	142	property, if this subsection does not otherwise require that
143	143	portion to be deducted; or
144	144	(B) action taken by the district under Subchapter
145	145	B or C, Chapter 313, Tax Code;
146	146	(11) the market value of all tangible personal
147	147	property, other than manufactured homes, owned by a family or
148	148	individual and not held or used for the production of income;
149	149	(12) the appraised value of property the collection of
150	150	delinquent taxes on which is deferred under Section 33.06, Tax
151	151	Code;
152	152	(13) the portion of the appraised value of property
153	153	the collection of delinquent taxes on which is deferred under
154	154	Section 33.065, Tax Code; and
155	155	(14) the amount by which the market value of a
156	156	residence homestead to which Section 23.23, Tax Code, applies
157	157	exceeds the appraised value of that property as calculated under
158	158	that section.
159	159	SECTION 4. This Act applies only to ad valorem taxes imposed
160	160	for a tax year that begins on or after the effective date of this
161	161	Act.
162	162	SECTION 5. This Act takes effect January 1, 2010, but only
163	163	if the constitutional amendment proposed by the 81st Legislature,
164	164	Regular Session, 2009, authorizing the governing body of a
165	165	political subdivision to adopt a local option residence homestead
166	166	exemption from ad valorem taxation of not less than $5,000 or more
167	167	than $30,000 is approved by the voters. If that amendment is not
168	168	approved by the voters, this Act has no effect.