Texas 2009 - 81st Regular

Texas Senate Bill SB276 Compare Versions

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

Old	New	Differences
1	1	81R1174 JD-D
2	2	By: Patrick, Dan S.B. No. 276
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the determination of the appraised value of a residence
8	8	homestead for ad valorem taxation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 23.23(a), Tax Code, is amended to read as
11	11	follows:
12	12	(a) Except as provided by [Notwithstanding the requirements
13	13	of] Section 25.18 [and regardless of whether the appraisal office
14	14	has appraised the property and determined the market value of the
15	15	property for the tax year], an appraisal office may increase the
16	16	appraised value of a residence homestead for a tax year to an amount
17	17	not to exceed the lesser of:
18	18	(1) the market value of the property for the most
19	19	recent tax year that the market value was determined by the
20	20	appraisal office; or
21	21	(2) the sum of:
22	22	(A) 10 percent of the appraised value of the
23	23	property for the preceding tax year;
24	24	(B) the appraised value of the property for the
25	25	preceding tax year; and
26	26	(C) the market value of all new improvements to
27	27	the property.
28	28	SECTION 2. Section 25.18, Tax Code, is amended by amending
29	29	Subsection (b) and adding Subsections (b-1), (b-2), and (b-3) to
30	30	read as follows:
31	31	(b) The plan shall provide for the following reappraisal
32	32	activities for all real and personal property in the district at
33	33	least once every three years, except as provided by Subsections
34	34	(b-1), (b-2), and (b-3):
35	35	(1) identifying properties to be appraised through
36	36	physical inspection or by other reliable means of identification,
37	37	including deeds or other legal documentation, aerial photographs,
38	38	land-based photographs, surveys, maps, and property sketches;
39	39	(2) identifying and updating relevant characteristics
40	40	of each property in the appraisal records;
41	41	(3) defining market areas in the district;
42	42	(4) identifying property characteristics that affect
43	43	property value in each market area, including:
44	44	(A) the location and market area of property;
45	45	(B) physical attributes of property, such as
46	46	size, age, and condition;
47	47	(C) legal and economic attributes; and
48	48	(D) easements, covenants, leases, reservations,
49	49	contracts, declarations, special assessments, ordinances, or legal
50	50	restrictions;
51	51	(5) developing an appraisal model that reflects the
52	52	relationship among the property characteristics affecting value in
53	53	each market area and determines the contribution of individual
54	54	property characteristics;
55	55	(6) applying the conclusions reflected in the model to
56	56	the characteristics of the properties being appraised; and
57	57	(7) reviewing the appraisal results to determine
58	58	value.
59	59	(b-1) The plan shall provide for the reappraisal of a
60	60	residence homestead not more often than once every two years. The
61	61	appraised value of a residence homestead may not be increased for a
62	62	tax year in which the property is not appraised.
63	63	(b-2) Subsection (b-1) does not apply to the appraisal of a
64	64	residence homestead in the tax year in which a limitation on
65	65	appraised value under Section 23.23(a) expires.
66	66	(b-3) Notwithstanding Subsection (b-1), at any time during
67	67	a tax year before the date the chief appraiser certifies the
68	68	appraisal roll for the appraisal district, an owner of a residence
69	69	homestead is entitled to a reappraisal of the owner's residence
70	70	homestead for that year on written request delivered to the chief
71	71	appraiser.
72	72	SECTION 3. Section 403.302(d), Government Code, is amended
73	73	to read as follows:
74	74	(d) For the purposes of this section, "taxable value" means
75	75	the market value of all taxable property less:
76	76	(1) the total dollar amount of any residence homestead
77	77	exemptions lawfully granted under Section 11.13(b) or (c), Tax
78	78	Code, in the year that is the subject of the study for each school
79	79	district;
80	80	(2) one-half of the total dollar amount of any
81	81	residence homestead exemptions granted under Section 11.13(n), Tax
82	82	Code, in the year that is the subject of the study for each school
83	83	district;
84	84	(3) the total dollar amount of any exemptions granted
85	85	before May 31, 1993, within a reinvestment zone under agreements
86	86	authorized by Chapter 312, Tax Code;
87	87	(4) subject to Subsection (e), the total dollar amount
88	88	of any captured appraised value of property that:
89	89	(A) is within a reinvestment zone created on or
90	90	before May 31, 1999, or is proposed to be included within the
91	91	boundaries of a reinvestment zone as the boundaries of the zone and
92	92	the proposed portion of tax increment paid into the tax increment
93	93	fund by a school district are described in a written notification
94	94	provided by the municipality or the board of directors of the zone
95	95	to the governing bodies of the other taxing units in the manner
96	96	provided by Section 311.003(e), Tax Code, before May 31, 1999, and
97	97	within the boundaries of the zone as those boundaries existed on
98	98	September 1, 1999, including subsequent improvements to the
99	99	property regardless of when made;
100	100	(B) generates taxes paid into a tax increment
101	101	fund created under Chapter 311, Tax Code, under a reinvestment zone
102	102	financing plan approved under Section 311.011(d), Tax Code, on or
103	103	before September 1, 1999; and
104	104	(C) is eligible for tax increment financing under
105	105	Chapter 311, Tax Code;
106	106	(5) for a school district for which a deduction from
107	107	taxable value is made under Subdivision (4), an amount equal to the
108	108	taxable value required to generate revenue when taxed at the school
109	109	district's current tax rate in an amount that, when added to the
110	110	taxes of the district paid into a tax increment fund as described by
111	111	Subdivision (4)(B), is equal to the total amount of taxes the
112	112	district would have paid into the tax increment fund if the district
113	113	levied taxes at the rate the district levied in 2005;
114	114	(6) the total dollar amount of any captured appraised
115	115	value of property that:
116	116	(A) is within a reinvestment zone:
117	117	(i) created on or before December 31, 2008,
118	118	by a municipality with a population of less than 18,000; and
119	119	(ii) the project plan for which includes
120	120	the alteration, remodeling, repair, or reconstruction of a
121	121	structure that is included on the National Register of Historic
122	122	Places and requires that a portion of the tax increment of the zone
123	123	be used for the improvement or construction of related facilities
124	124	or for affordable housing;
125	125	(B) generates school district taxes that are paid
126	126	into a tax increment fund created under Chapter 311, Tax Code; and
127	127	(C) is eligible for tax increment financing under
128	128	Chapter 311, Tax Code;
129	129	(7) the total dollar amount of any exemptions granted
130	130	under Section 11.251 or 11.253, Tax Code;
131	131	(8) the difference between the comptroller's estimate
132	132	of the market value and the productivity value of land that
133	133	qualifies for appraisal on the basis of its productive capacity,
134	134	except that the productivity value estimated by the comptroller may
135	135	not exceed the fair market value of the land;
136	136	(9) the portion of the appraised value of residence
137	137	homesteads of individuals who receive a tax limitation under
138	138	Section 11.26, Tax Code, on which school district taxes are not
139	139	imposed in the year that is the subject of the study, calculated as
140	140	if the residence homesteads were appraised at the full value
141	141	required by law;
142	142	(10) a portion of the market value of property not
143	143	otherwise fully taxable by the district at market value because of:
144	144	(A) action required by statute or the
145	145	constitution of this state that, if the tax rate adopted by the
146	146	district is applied to it, produces an amount equal to the
147	147	difference between the tax that the district would have imposed on
148	148	the property if the property were fully taxable at market value and
149	149	the tax that the district is actually authorized to impose on the
150	150	property, if this subsection does not otherwise require that
151	151	portion to be deducted; or
152	152	(B) action taken by the district under Subchapter
153	153	B or C, Chapter 313, Tax Code;
154	154	(11) the market value of all tangible personal
155	155	property, other than manufactured homes, owned by a family or
156	156	individual and not held or used for the production of income;
157	157	(12) the appraised value of property the collection of
158	158	delinquent taxes on which is deferred under Section 33.06, Tax
159	159	Code;
160	160	(13) the portion of the appraised value of property
161	161	the collection of delinquent taxes on which is deferred under
162	162	Section 33.065, Tax Code; [and]
163	163	(14) the amount by which the market value of a
164	164	residence homestead to which Section 23.23, Tax Code, applies
165	165	exceeds the appraised value of that property as calculated under
166	166	that section; and
167	167	(15) the amount by which the market value of a
168	168	residence homestead to which Section 25.18(b-1), Tax Code, applies
169	169	exceeds the appraised value of that property because of the
170	170	application of Section 25.18(b-1).
171	171	SECTION 4. This Act applies only to the determination of the
172	172	appraised value of a residence homestead for ad valorem taxation
173	173	for a tax year that begins on or after the effective date of this
174	174	Act.
175	175	SECTION 5. This Act takes effect January 1, 2010.