Texas 2011 - 82nd Regular

Texas Senate Bill SB1205

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the application of the limit on appraised value of a residence homestead for ad valorem tax purposes to an improvement that is a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by wind or water damage.

Impact

This legislation is poised to impact the way local governments assess property taxes on homes affected by disasters. By clarifying that improvements necessary to meet building or fire codes, or those required for compliance with government assistance programs, are not deemed new improvements, homeowners can retain their tax status without the additional burden that new constructions typically carry. This adjustment could lead to financial benefits for families recovering from disasters by reducing their tax liabilities during a challenging rebuilding phase.

Summary

SB1205 proposes amendments to the Texas Tax Code concerning the ad valorem tax application for residence homesteads that have undergone replacement due to damages caused by casualties, including natural disasters. The bill stipulates that if a resident replaces a structure that was rendered unusable or uninhabitable due to such events, the improvements made are not categorized as new constructions. This is significant as it allows homeowners to avoid potential increases in appraised value and consequently in property taxes for these replacements.

Sentiment

The initial sentiment surrounding SB1205 appears to be positive, particularly among constituents who have experienced losses due to natural disasters. Supporters argue that the bill provides necessary relief and supports home rebuilding efforts without penalizing homeowners with increased taxes. Conversely, there might be concerns among fiscal conservatives regarding the potential reduction in local government revenue resulting from these tax exemptions, although the long-term benefits for community recovery are emphasized in discussions.

Contention

While the bill seems generally well-received, there could be notable contention regarding its implementation and the criteria defined for determining what constitutes a replacement structure. Legislative debates may surface surrounding how local governments will evaluate whether a structure meets the standards set forth in the bill, as well as concerns from those who may feel such measures could lead to inconsistencies in tax assessments across jurisdictions. Stakeholders may seek assurances that the bill's provisions are applied uniformly, ensuring fairness in tax implications for all affected homeowners.

Companion Bills

TX HB2696

Identical Relating to the application of the limit on appraised value of a residence homestead for ad valorem tax purposes to an improvement that is a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by wind or water damage.

Similar Bills

No similar bills found.