Texas House Bill HB770

Texas 2009 - 81st Regular

• Out of House Committee: 4/23/09
• Voted on by House: 5/7/09
• Out of Senate Committee: 5/25/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 6/1/09

Caption

Relating to ad valorem tax relief for an owner of certain property, including a residence homestead that is rendered uninhabitable or unusable by a casualty or by wind or water damage, and to a restriction on the authority to bring an action to remove a house that is partially located on a public beach as a result of a meteorological event.

Impact

The bill allows homeowners to maintain certain tax exemptions, which could significantly aid financial recovery and incentivize prompt rebuilding efforts. By extending the exemption period for up to three years, the law recognizes the challenges of construction timelines and provides necessary support during the transition period. Furthermore, it clarifies existing regulations on how property improvements are assessed concerning tax increases, particularly in instances where structures are replaced due to significant damage.

Summary

House Bill 770 introduces amendments to the Tax Code in Texas regarding ad valorem taxation for residential properties. Specifically, it provides provisions for homeowners whose residences become uninhabitable or unusable due to various causes, including casualty or damage from mold or water. Under this legislation, affected homeowners can continue to receive homestead exemptions while they rebuild or replace their damaged structures, provided they do not establish a new principal residence during this time. This measure aims to alleviate some of the financial burdens faced by homeowners who must deal with unexpected damage to their property.

Contention

There may be points of contention surrounding the bill, particularly concerning the additional tax implications for homeowners who sell their properties before completing construction of a replacement structure. If a property is sold under such circumstances, an additional tax is imposed, complicating the selling process. This aspect may raise concerns among stakeholders regarding the fairness of imposing retrospective taxes after homeowners have received exemptions, particularly in vulnerable situations resulting from unexpected damages. The bill aims to balance tax relief for residential properties while ensuring tax compliance for local governments.