1 | 1 | | 83R24513 CJC-D |
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2 | 2 | | By: Anchia H.B. No. 1173 |
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3 | 3 | | Substitute the following for H.B. No. 1173: |
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4 | 4 | | By: Keffer C.S.H.B. No. 1173 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a local option exemption from ad valorem taxation of the |
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10 | 10 | | portion of the appraised value of a person's property that is |
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11 | 11 | | attributable to the installation on the property of certain water |
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12 | 12 | | conservation systems. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subchapter B, Chapter 11, Tax Code, is amended by |
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15 | 15 | | adding Section 11.325 to read as follows: |
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16 | 16 | | Sec. 11.325. WATER CONSERVATION SYSTEMS. (a) In this |
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17 | 17 | | section: |
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18 | 18 | | (1) "Drip irrigation system" means a low pressure, low |
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19 | 19 | | volume irrigation system that delivers water to the roots or base of |
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20 | 20 | | a plant through surface or subsurface lines, tubes, and emitters. |
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21 | 21 | | (2) "Rainwater harvesting system" means a system for |
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22 | 22 | | the capture and storage of rainwater for subsequent use. For the |
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23 | 23 | | purposes of this section, a rainwater harvesting system must store |
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24 | 24 | | water in cisterns capable of holding 400 or more gallons of water. |
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25 | 25 | | (b) The governing body of a taxing unit by official action |
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26 | 26 | | of the governing body adopted in the manner required by law for |
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27 | 27 | | official actions may exempt from taxation the portion of the |
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28 | 28 | | appraised value of property that is attributable to the |
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29 | 29 | | installation on the property of a drip irrigation system or a |
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30 | 30 | | rainwater harvesting system. |
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31 | 31 | | SECTION 2. Section 403.302(d), Government Code, is amended |
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32 | 32 | | to read as follows: |
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33 | 33 | | (d) For the purposes of this section, "taxable value" means |
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34 | 34 | | the market value of all taxable property less: |
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35 | 35 | | (1) the total dollar amount of any residence homestead |
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36 | 36 | | exemptions lawfully granted under Section 11.13(b) or (c), Tax |
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37 | 37 | | Code, in the year that is the subject of the study for each school |
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38 | 38 | | district; |
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39 | 39 | | (2) one-half of the total dollar amount of any |
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40 | 40 | | residence homestead exemptions granted under Section 11.13(n), Tax |
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41 | 41 | | Code, in the year that is the subject of the study for each school |
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42 | 42 | | district; |
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43 | 43 | | (3) the total dollar amount of any exemptions granted |
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44 | 44 | | before May 31, 1993, within a reinvestment zone under agreements |
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45 | 45 | | authorized by Chapter 312, Tax Code; |
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46 | 46 | | (4) subject to Subsection (e), the total dollar amount |
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47 | 47 | | of any captured appraised value of property that: |
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48 | 48 | | (A) is within a reinvestment zone created on or |
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49 | 49 | | before May 31, 1999, or is proposed to be included within the |
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50 | 50 | | boundaries of a reinvestment zone as the boundaries of the zone and |
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51 | 51 | | the proposed portion of tax increment paid into the tax increment |
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52 | 52 | | fund by a school district are described in a written notification |
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53 | 53 | | provided by the municipality or the board of directors of the zone |
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54 | 54 | | to the governing bodies of the other taxing units in the manner |
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55 | 55 | | provided by former Section 311.003(e), Tax Code, before May 31, |
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56 | 56 | | 1999, and within the boundaries of the zone as those boundaries |
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57 | 57 | | existed on September 1, 1999, including subsequent improvements to |
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58 | 58 | | the property regardless of when made; |
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59 | 59 | | (B) generates taxes paid into a tax increment |
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60 | 60 | | fund created under Chapter 311, Tax Code, under a reinvestment zone |
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61 | 61 | | financing plan approved under Section 311.011(d), Tax Code, on or |
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62 | 62 | | before September 1, 1999; and |
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63 | 63 | | (C) is eligible for tax increment financing under |
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64 | 64 | | Chapter 311, Tax Code; |
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65 | 65 | | (5) the total dollar amount of any captured appraised |
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66 | 66 | | value of property that: |
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67 | 67 | | (A) is within a reinvestment zone: |
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68 | 68 | | (i) created on or before December 31, 2008, |
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69 | 69 | | by a municipality with a population of less than 18,000; and |
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70 | 70 | | (ii) the project plan for which includes |
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71 | 71 | | the alteration, remodeling, repair, or reconstruction of a |
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72 | 72 | | structure that is included on the National Register of Historic |
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73 | 73 | | Places and requires that a portion of the tax increment of the zone |
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74 | 74 | | be used for the improvement or construction of related facilities |
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75 | 75 | | or for affordable housing; |
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76 | 76 | | (B) generates school district taxes that are paid |
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77 | 77 | | into a tax increment fund created under Chapter 311, Tax Code; and |
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78 | 78 | | (C) is eligible for tax increment financing under |
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79 | 79 | | Chapter 311, Tax Code; |
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80 | 80 | | (6) the total dollar amount of any exemptions granted |
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81 | 81 | | under Section 11.251, [or] 11.253, or 11.325, Tax Code; |
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82 | 82 | | (7) the difference between the comptroller's estimate |
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83 | 83 | | of the market value and the productivity value of land that |
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84 | 84 | | qualifies for appraisal on the basis of its productive capacity, |
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85 | 85 | | except that the productivity value estimated by the comptroller may |
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86 | 86 | | not exceed the fair market value of the land; |
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87 | 87 | | (8) the portion of the appraised value of residence |
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88 | 88 | | homesteads of individuals who receive a tax limitation under |
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89 | 89 | | Section 11.26, Tax Code, on which school district taxes are not |
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90 | 90 | | imposed in the year that is the subject of the study, calculated as |
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91 | 91 | | if the residence homesteads were appraised at the full value |
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92 | 92 | | required by law; |
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93 | 93 | | (9) a portion of the market value of property not |
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94 | 94 | | otherwise fully taxable by the district at market value because of: |
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95 | 95 | | (A) action required by statute or the |
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96 | 96 | | constitution of this state that, if the tax rate adopted by the |
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97 | 97 | | district is applied to it, produces an amount equal to the |
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98 | 98 | | difference between the tax that the district would have imposed on |
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99 | 99 | | the property if the property were fully taxable at market value and |
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100 | 100 | | the tax that the district is actually authorized to impose on the |
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101 | 101 | | property, if this subsection does not otherwise require that |
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102 | 102 | | portion to be deducted; or |
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103 | 103 | | (B) action taken by the district under Subchapter |
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104 | 104 | | B or C, Chapter 313, Tax Code, before the expiration of the |
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105 | 105 | | subchapter; |
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106 | 106 | | (10) the market value of all tangible personal |
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107 | 107 | | property, other than manufactured homes, owned by a family or |
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108 | 108 | | individual and not held or used for the production of income; |
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109 | 109 | | (11) the appraised value of property the collection of |
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110 | 110 | | delinquent taxes on which is deferred under Section 33.06, Tax |
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111 | 111 | | Code; |
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112 | 112 | | (12) the portion of the appraised value of property |
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113 | 113 | | the collection of delinquent taxes on which is deferred under |
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114 | 114 | | Section 33.065, Tax Code; and |
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115 | 115 | | (13) the amount by which the market value of a |
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116 | 116 | | residence homestead to which Section 23.23, Tax Code, applies |
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117 | 117 | | exceeds the appraised value of that property as calculated under |
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118 | 118 | | that section. |
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119 | 119 | | SECTION 3. This Act applies only to ad valorem taxes imposed |
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120 | 120 | | for a tax year beginning on or after the effective date of this Act. |
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121 | 121 | | SECTION 4. This Act takes effect January 1, 2014. |
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