Texas 2009 - 81st Regular

Texas House Bill HB668 Compare Versions

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

Old	New	Differences
1	1	81R4537 SMH-D
2	2	By: Hopson H.B. No. 668
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the amount of the residence homestead
8	8	exemption from ad valorem taxation by a school district to $30,000,
9	9	providing for a reduction of the limitation on the total amount of
10	10	ad valorem taxes that may be imposed by a school district on the
11	11	homesteads of the elderly or disabled to reflect the increased
12	12	exemption amount, and protecting school districts against the
13	13	resulting loss in local revenue.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 11.13(b), Tax Code, is amended to read as
16	16	follows:
17	17	(b) An adult is entitled to exemption from taxation by a
18	18	school district of $30,000 [$15,000] of the appraised value of the
19	19	adult's residence homestead, except that only $5,000 [$10,000] of
20	20	the exemption applies [does not apply] to an entity operating under
21	21	former Chapter 17, 18, 25, 26, 27, or 28, Education Code, as those
22	22	chapters existed on May 1, 1995, as permitted by Section 11.301,
23	23	Education Code.
24	24	SECTION 2. Section 11.26(a), Tax Code, is amended to read as
25	25	follows:
26	26	(a) The tax officials shall appraise the property to which
27	27	this section applies and calculate taxes as on other property, but
28	28	if the tax so calculated exceeds the limitation imposed by this
29	29	section, the tax imposed is the amount of the tax as limited by this
30	30	section, except as otherwise provided by this section. A school
31	31	district may not increase the total annual amount of ad valorem tax
32	32	it imposes on the residence homestead of an individual 65 years of
33	33	age or older or on the residence homestead of an individual who is
34	34	disabled, as defined by Section 11.13, above the amount of the tax
35	35	it imposed in the first tax year in which the individual qualified
36	36	that residence homestead for the applicable exemption provided by
37	37	Section 11.13(c) for an individual who is 65 years of age or older
38	38	or is disabled. If the individual qualified that residence
39	39	homestead for the exemption after the beginning of that first year
40	40	and the residence homestead remains eligible for the same exemption
41	41	for the next year, and if the school district taxes imposed on the
42	42	residence homestead in the next year are less than the amount of
43	43	taxes imposed in that first year, a school district may not
44	44	subsequently increase the total annual amount of ad valorem taxes
45	45	it imposes on the residence homestead above the amount it imposed in
46	46	the year immediately following the first year for which the
47	47	individual qualified that residence homestead for the same
48	48	exemption, except as provided by Subsection (b). If the first tax
49	49	year the individual qualified the residence homestead for the
50	50	exemption provided by Section 11.13(c) for individuals 65 years of
51	51	age or older or disabled was a tax year before the 2010 [1997] tax
52	52	year, the amount of the limitation provided by this section is the
53	53	amount of tax the school district imposed for the 2009 [1996] tax
54	54	year less an amount equal to the amount determined by multiplying
55	55	$15,000 [$10,000] times the tax rate of the school district for the
56	56	2010 [1997] tax year, plus any 2010 [1997] tax attributable to
57	57	improvements made in 2009 [1996], other than improvements made to
58	58	comply with governmental regulations or repairs.
59	59	SECTION 3. Section 42.2511(a), Education Code, is amended
60	60	to read as follows:
61	61	(a) Notwithstanding any other provision of this chapter, a
62	62	school district is entitled to additional state aid to the extent
63	63	that state aid under this chapter based on the determination of the
64	64	school district's taxable value of property as provided under
65	65	Subchapter M, Chapter 403, Government Code, does not fully
66	66	compensate the district for ad valorem tax revenue lost due to:
67	67	(1) the increase in the homestead exemption under
68	68	Section 1-b(c), Article VIII, Texas Constitution, as proposed by
69	69	H.J.R. No. 4, 75th Legislature, Regular Session, 1997, and the
70	70	additional limitation on tax increases under Section 1-b(d),
71	71	Article VIII, Texas Constitution, as proposed by H.J.R. No. 4, 75th
72	72	Legislature, Regular Session, 1997; [and]
73	73	(2) the reduction of the limitation on tax increases
74	74	to reflect any reduction in the school district tax rate as provided
75	75	by Section 11.26(a-1), (a-2), or (a-3), Tax Code, as applicable;
76	76	and
77	77	(3) the increase in the homestead exemption under
78	78	Section 1-b(c), Article VIII, Texas Constitution, as proposed by
79	79	the joint resolution to amend that section adopted by the 81st
80	80	Legislature, Regular Session, 2009, and the additional limitation
81	81	on tax increases under Section 1-b(d), Article VIII, Texas
82	82	Constitution, as proposed by the joint resolution to amend that
83	83	section adopted by the 81st Legislature, Regular Session, 2009.
84	84	SECTION 4. Section 403.302(j), Government Code, is amended
85	85	to read as follows:
86	86	(j) For purposes of Section 42.2511, Education Code, the
87	87	comptroller shall certify to the commissioner of education:
88	88	(1) a final value for each school district computed on
89	89	a residence homestead exemption under Section 1-b(c), Article VIII,
90	90	Texas Constitution, of $5,000;
91	91	(2) a final value for each school district computed
92	92	on:
93	93	(A) a residence homestead exemption under
94	94	Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and
95	95	(B) the effect of the additional limitation on
96	96	tax increases under Section 1-b(d), Article VIII, Texas
97	97	Constitution, as proposed by H.J.R. No. 4, 75th Legislature,
98	98	Regular Session, 1997; [and]
99	99	(3) a final value for each school district computed on
100	100	the effect of the reduction of the limitation on tax increases to
101	101	reflect any reduction in the school district tax rate as provided by
102	102	Section 11.26(a-1), (a-2), or (a-3), Tax Code, as applicable; and
103	103	(4) a final value for each school district computed
104	104	on:
105	105	(A) a residence homestead exemption under
106	106	Section 1-b(c), Article VIII, Texas Constitution, of $30,000; and
107	107	(B) the effect of the additional limitation on
108	108	tax increases under Section 1-b(d), Article VIII, Texas
109	109	Constitution, as proposed by the joint resolution to amend that
110	110	section adopted by the 81st Legislature, Regular Session, 2009.
111	111	SECTION 5. This Act applies only to an ad valorem tax year
112	112	that begins on or after January 1, 2010.
113	113	SECTION 6. This Act takes effect January 1, 2010, but only
114	114	if the constitutional amendment proposed by the 81st Legislature,
115	115	Regular Session, 2009, increasing the amount of the residence
116	116	homestead exemption from ad valorem taxation for public school
117	117	purposes from $15,000 to $30,000 and providing for a reduction of
118	118	the limitation on the total amount of ad valorem taxes that may be
119	119	imposed for those purposes on the homestead of an elderly or
120	120	disabled person to reflect the increased exemption amount is
121	121	approved by the voters. If that constitutional amendment is not
122	122	approved by the voters, this Act has no effect.