Texas 2013 - 83rd Regular

Texas House Bill HB1173 Compare Versions

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11 83R24513 CJC-D
22 By: Anchia H.B. No. 1173
33 Substitute the following for H.B. No. 1173:
44 By: Keffer C.S.H.B. No. 1173
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a local option exemption from ad valorem taxation of the
1010 portion of the appraised value of a person's property that is
1111 attributable to the installation on the property of certain water
1212 conservation systems.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by
1515 adding Section 11.325 to read as follows:
1616 Sec. 11.325. WATER CONSERVATION SYSTEMS. (a) In this
1717 section:
1818 (1) "Drip irrigation system" means a low pressure, low
1919 volume irrigation system that delivers water to the roots or base of
2020 a plant through surface or subsurface lines, tubes, and emitters.
2121 (2) "Rainwater harvesting system" means a system for
2222 the capture and storage of rainwater for subsequent use. For the
2323 purposes of this section, a rainwater harvesting system must store
2424 water in cisterns capable of holding 400 or more gallons of water.
2525 (b) The governing body of a taxing unit by official action
2626 of the governing body adopted in the manner required by law for
2727 official actions may exempt from taxation the portion of the
2828 appraised value of property that is attributable to the
2929 installation on the property of a drip irrigation system or a
3030 rainwater harvesting system.
3131 SECTION 2. Section 403.302(d), Government Code, is amended
3232 to read as follows:
3333 (d) For the purposes of this section, "taxable value" means
3434 the market value of all taxable property less:
3535 (1) the total dollar amount of any residence homestead
3636 exemptions lawfully granted under Section 11.13(b) or (c), Tax
3737 Code, in the year that is the subject of the study for each school
3838 district;
3939 (2) one-half of the total dollar amount of any
4040 residence homestead exemptions granted under Section 11.13(n), Tax
4141 Code, in the year that is the subject of the study for each school
4242 district;
4343 (3) the total dollar amount of any exemptions granted
4444 before May 31, 1993, within a reinvestment zone under agreements
4545 authorized by Chapter 312, Tax Code;
4646 (4) subject to Subsection (e), the total dollar amount
4747 of any captured appraised value of property that:
4848 (A) is within a reinvestment zone created on or
4949 before May 31, 1999, or is proposed to be included within the
5050 boundaries of a reinvestment zone as the boundaries of the zone and
5151 the proposed portion of tax increment paid into the tax increment
5252 fund by a school district are described in a written notification
5353 provided by the municipality or the board of directors of the zone
5454 to the governing bodies of the other taxing units in the manner
5555 provided by former Section 311.003(e), Tax Code, before May 31,
5656 1999, and within the boundaries of the zone as those boundaries
5757 existed on September 1, 1999, including subsequent improvements to
5858 the property regardless of when made;
5959 (B) generates taxes paid into a tax increment
6060 fund created under Chapter 311, Tax Code, under a reinvestment zone
6161 financing plan approved under Section 311.011(d), Tax Code, on or
6262 before September 1, 1999; and
6363 (C) is eligible for tax increment financing under
6464 Chapter 311, Tax Code;
6565 (5) the total dollar amount of any captured appraised
6666 value of property that:
6767 (A) is within a reinvestment zone:
6868 (i) created on or before December 31, 2008,
6969 by a municipality with a population of less than 18,000; and
7070 (ii) the project plan for which includes
7171 the alteration, remodeling, repair, or reconstruction of a
7272 structure that is included on the National Register of Historic
7373 Places and requires that a portion of the tax increment of the zone
7474 be used for the improvement or construction of related facilities
7575 or for affordable housing;
7676 (B) generates school district taxes that are paid
7777 into a tax increment fund created under Chapter 311, Tax Code; and
7878 (C) is eligible for tax increment financing under
7979 Chapter 311, Tax Code;
8080 (6) the total dollar amount of any exemptions granted
8181 under Section 11.251, [or] 11.253, or 11.325, Tax Code;
8282 (7) the difference between the comptroller's estimate
8383 of the market value and the productivity value of land that
8484 qualifies for appraisal on the basis of its productive capacity,
8585 except that the productivity value estimated by the comptroller may
8686 not exceed the fair market value of the land;
8787 (8) the portion of the appraised value of residence
8888 homesteads of individuals who receive a tax limitation under
8989 Section 11.26, Tax Code, on which school district taxes are not
9090 imposed in the year that is the subject of the study, calculated as
9191 if the residence homesteads were appraised at the full value
9292 required by law;
9393 (9) a portion of the market value of property not
9494 otherwise fully taxable by the district at market value because of:
9595 (A) action required by statute or the
9696 constitution of this state that, if the tax rate adopted by the
9797 district is applied to it, produces an amount equal to the
9898 difference between the tax that the district would have imposed on
9999 the property if the property were fully taxable at market value and
100100 the tax that the district is actually authorized to impose on the
101101 property, if this subsection does not otherwise require that
102102 portion to be deducted; or
103103 (B) action taken by the district under Subchapter
104104 B or C, Chapter 313, Tax Code, before the expiration of the
105105 subchapter;
106106 (10) the market value of all tangible personal
107107 property, other than manufactured homes, owned by a family or
108108 individual and not held or used for the production of income;
109109 (11) the appraised value of property the collection of
110110 delinquent taxes on which is deferred under Section 33.06, Tax
111111 Code;
112112 (12) the portion of the appraised value of property
113113 the collection of delinquent taxes on which is deferred under
114114 Section 33.065, Tax Code; and
115115 (13) the amount by which the market value of a
116116 residence homestead to which Section 23.23, Tax Code, applies
117117 exceeds the appraised value of that property as calculated under
118118 that section.
119119 SECTION 3. This Act applies only to ad valorem taxes imposed
120120 for a tax year beginning on or after the effective date of this Act.
121121 SECTION 4. This Act takes effect January 1, 2014.